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2013 01 02 CC04 oI- e4 q4adja F Go =ten S CE.`y OF tip` NOTICE AND CALL OF SPECIAL MEETING OF THE LA QUINTA CITY COUNCIL TO THE MEMBERS OF THE CITY COUNCIL OF THE CITY OF LA QUINTA AND TO THE CITY CLERK: NOTICE IS HEREBY GIVEN that a special meeting of the City Council of the City of La Quinta is hereby called to be held on Wednesday, January 2, 2013 at 4:00 p.m., at La Quinta Civic Center, City Council Chamber, 78495 Calle Tampico, La Quinta, CA 92253. Dated: December 27, 2012 fj00. r L.L Don A olph, ayor Attest: Susan Maysels City Clerk DECLARATION OF POSTING I, Susan Maysels, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the Special La Quinta City Council meeting of January 2, 2013, was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 111 on December 28, 20,1.2. DATED: December 27, 2012 5'44� Susan Maysels, City City of La Quinta, California 001 City Council 1 January 2, 2013 3 S e OF NOTICE AND CALL OF SPECIAL MEETING OF THE SUCCESSOR AGENCY TO THE LA QUINTA REDEVELOPMENT AGENCY TO THE MEMBERS OF THE SUCCESSOR AGENCY OF THE CITY OF LA QUINTA AND TO THE CITY CLERK: NOTICE IS HEREBY GIVEN that a special meeting of the Successor Agency is hereby called to be held on January 2, 2013 at 4:00 p.m., at La Quinta Civic Center, City Council Chamber, 78495 Calle Tampico, La Quinta, CA 92253. Dated: December 27, 2012 Attest: Susan Maysels Agency Secretary ri. ► DECLARATION OF POSTING I, Susan Maysels, Secretary of the Successor Agency to the La Quinta Redevelopment Agency, do hereby declare that the foregoing agenda for the Special Successor Agency meeting of January 2, 2013, was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 111 on December 28, 2012. DATED: December 27, 2012 d�� kkAA� Susan Maysels, Secretary Successor Agency to the La Quinta Redevelopment Agency .N..; 002 Successor Agency 1 1 January 2, 2013 CAM OF Tt1F'�4�7 NOTICE OF MEETING CANCELLATION & RESCHEDULING NOTICE IS HEREBY GIVEN that the La Quinta City Council, at their November 6, 2012 meeting, reach a consensus to cancel the following regular meetings of January 1, 2013 due to the national holiday, and reschedule them for Wednesday, January 2, 2013 for the following public bodies: • La Quinta City Council • Successor Agency to the Dissolved La Quinta Redevelopment Agency The rescheduled meeting of both public bodies will be held on Tuesday, January 15, 2013, beginning with Closed Session at 3:00 p.m. and Open Session at 4:00 p.m., in the Council Chambers located at the La Quinta Civic Center, 78- 495 Calle Tampico, La Quinta. Dated: December 30, 2012 -5 Susan Maysels City Clerk DECLARATION OF POSTING I, Susan Maysels, City Clerk of the City of La Quinta, do hereby declare that the foregoing Notice of Meeting Cancellation & Rescheduling dated 12/30/2012, was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards.at 51-321 Avenida Bermudas and 78-630 Highway 111 on December 30, 2012. DATED: December 30, 2012 Susan Maysels, City lerk City of La Quinta, California " 003 Notice of Meeting Cancellation 1 January 1, 2013 • City Council agendas and staff reports are now available on the City's web page: www.la-guinta.org CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBERS 78-495 Calle Tampico, La Quinta SPECIAL MEETING on WEDNESDAY, JANUARY 2, 2013 3:30 P.M. CLOSED SESSION 1 4:00 P.M. OPEN SESSION Beginning Resolution No. 2013-001 Ordinance No. 506 CALL TO ORDER ROLL CALL: Councilmembers - Evans, Franklin, Henderson, Osborne, Mayor Adolph PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. The City Council values your comments; however in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by GC 54954.2(b). CLOSED SESSION NOTE: Time permitting the City Council may conduct Closed Session discussions during the dinner recess. Persons identified as negotiating parties are not invited into the Closed Session meeting when acquisition of real property is considered. 1. CONFERENCE WITH THE CITY'S REAL PROPERTY NEGOTIATOR, FRANK J. SPEVACEK, PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION AND/OR DISPOSITION OF REAL PROPERTY LOCATED IN LA QUINTA VILLAGE, EAST OF DESERT CLUB DRIVE, SOUTH OF CALLE TAMPICO, NORTH OF AVENIDA LA FONDA (APNs 770-123-002, 770-123-003, 770- 123-004, 770-123-006, 770-123-010, 770-124-002, 770-124-003, 770- 124-004, 770-124-007, 770-124-009). PROPERTY OWNER/NEGOTIATOR: MARVIN INVESTMENTS, INC., WELLS MARVIN CITY COUNCIL AGENDA 1 JANUARY 2, ) 13 0 0 n 2. CONFERENCE WITH LABOR NEGOTIATORS, SKI HARRISON AND TERRY DEERINGER, REGARDING NEGOTIATIONS WITH THE LA QUINTA CITY EMPLOYEES ASSOCIATION PURSUANT TO GOVERNMENT CODE SECTION 54957.6 MEET AND CONFER PROCESS RECESS TO CLOSED SESSION RECONVENE AT 4:00 P.M. PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. The City Council values your comments; however in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by GC 54954.2(b). CONFIRMATION OF AGENDA PRESENTATIONS 1. PRESENTATION OF 2012 PUBLIC WORKS AWARENESS AWARD FROM SOUTHERN CALIFORNIA AMERICAN PUBLIC WORKS ASSOCIATION FOR ANNUAL HIGH SCHOOL STUDENT OUTREACH PROGRAM WRITTEN COMMUNICATIONS — NONE APPROVAL OF MINUTES 1. MINUTES OF DECEMBER 18, 2012 CONSENT CALENDAR NOTE: Consent Calendar items are routine in nature and can be approved by one motion. 1. EXTEND THE TIME FOR COMPLETION OF THE OFFSITE IMPROVEMENTS FOR PARCEL MAP 35900, ARNOLD PALMER OFFICE BUILDINGS, DAVID CHAPMAN INVESTMENTS, LLC 2. EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR PARCEL MAP 35900, ARNOLD PALMER OFFICE BUILDINGS, DAVID CHAPMAN INVESTMENTS, LLC CITY COUNCIL AGENDA 2 JANUARY 2, 2013 "-j- 005 3. EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR TRACT MAP 31681-3, ANDALUSIA, CORAL OPTION I, LLC 4. LICENSE AGREEMENT FOR PEDESTRIAN, VEHICLE AND UTILITY IMPROVEMENTS WITH COSTCO WHOLESALE CORPORATION FOR CONSTRUCTION OF A VEHICULAR CROSS ACCESS POINT, SIDEWALK IMPROVEMENTS AND A UTILITY CONNECTION ON COSTCO WHOLESALE CORPORATION'S PROPERTY 5. A PROFESSIONAL SERVICES AGREEMENT WITH THE TALL MAN GROUP FOR REAL ESTATE ANALYSIS AND AFFORDABLE HOUSING CONSULTING SERVICES AND APPROVAL OF APPROPRIATION 6. A PROFESSIONAL SERVICES AGREEMENT WITH GAFCON, INC. FOR REAL ESTATE ANALYSIS AND APPROVAL OF APPROPRIATION 7. APPLY TO THE CALIFORNIA OFFICE OF TRAFFIC AND SAFETY FOR THE SOBRIETY CHECKPOINT GRANT PROGRAM FUNDING FOR FISCAL YEAR 2013/2014 8. DEMAND REGISTER DATED JANUARY 2, 2013 BUSINESS SESSION 1. SERVICE DELIVERY OPTIONS REPORT 2. SELECT COUNCIL MEMBERS AS LA QUINTA REPRESENTATIVES ON VARIOUS COMMITTEES FOR 2013 3. APPOINT MEMBERS TO THE IMPERIAL IRRIGATION DISTRICT'S ENERGY CONSUMERS' ADVISORY COMMITTEE, AND THE COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL BOARD 4. AUTHORIZE THE CITY MANAGER AND CITY ATTORNEY TO ENFORCE THE CITY'S RIGHTS UNDER THE BONDS, INCLUDING THE INITIATION OF LITIGATION AGAINST BOND SAFEGUARD INSURANCE COMPANY AND MARK RINDLESBACH, TRUSTEE OF THE RINDLESBACH CONSTRUCTION, INC. AS NECESSARY TO COMPLETE IMPROVEMENTS FOR TRACT MAP 31852, POLO ESTATES STUDY SESSION 1. GoREQUEST CITIZEN RELATIONSHIP MANAGEMENT SOLUTION CITY COUNCIL AGENDA 3 JANUARY 2, 2013 REPORTS AND INFORMATIONAL ITEMS 1. ANIMAL CAMPUS COMMISSION (FRANKLIN) 2. CITY COUNCIL AD HOC COMMITTEE REPORTS 3. CVAG COMMITTEE REPORTS 4. CHAMBER OF COMMERCE INFO EXCHANGE COMMITTEE (OSBORNE) 5. C.V. CONSERVATION COMMISSION (EVANS) 6. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (Cox) 7. C.V. MOUNTAINS CONSERVANCY (FRANKLIN) 8. C.V.W.D. JOINT WATER POLICY COMMITTEE (ADOLPH) 9. IID ENERGY CONSUMERS' ADVISORY COMMITTEE (OSBORNE & BLUM) 10. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (FRANKLIN) 11. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 12. GREATER PALM SPRINGS CONVENTION & VISITORS BUREAU (EVANS) 13. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (ROBERT TEAL) 14. RIVERSIDE COUNTY FREE LIBRARY ADVISORY COMMITTEE (GUNN) 15. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 16. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) DEPARTMENT REPORTS 1. CITY MANAGER - GRANTS UPDATE MAYOR'S AND COUNCIL MEMBER'S ITEMS - NONE PUBLIC HEARINGS - NONE NO PUBLIC HEARINGS ARE SCHEDULED, THEREFORE, THE CITY COUNCIL WILL ADJOURN AND NOT RECONVENE AT 7:00 PM UNLESS THERE ARE ITEMS FROM THE AFTERNOON SESSION THAT HAVE NOT BEEN CONSIDERED. ADJOURNMENT ««««««««««««««««««««««««««««««««««««««««««««««« The next regular meeting of the City Council will be held on January 15, 2013, commencing with closed session at 3:00 p.m. and open session at 4:00 p.m. at the City Hall Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Susan Maysels, City Clerk, of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta City Council meeting was. posted on the CITY COUNCIL AGENDA 4 JANUARYN2, 2013 outside entry to the Council Chambers at 78-495 Calle Tampico, and the bulletin boards at the Stater Brothers Supermarket at 78-630 Highway 1 1 1, and the La Quinta Cove Post Office at 51-321 Avenida Bermudas, on December 28, 2012. DATED: December 27, 2012 .571,1V,n. �Ikkr, -, SUSAN MAYSELS, City Clerk City of La Quinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's office at 777-7123, twenty- four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangements should be made in advance by contacting the City Clerk's office at 777- 7123. A one (1) week notice is required. If background material is to be presented to the Planning Commission during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. it is requested that this take place prior to the beginning of the meeting. Any writings or documents provided to a majority of the City Council regarding any item(s) on this agenda will be made available for public inspection at the Planning Department's counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during normal business hours. CITY COUNCIL AGENDA 5 JAN VARY 2,020 0 FA MEETING DATE: January 2, 2013 ITEM TITLE: Resolution to Extend the Time for Completion of the Off -Site Improvements for Parcel Map No. 35900, Arnold Palmer Office Buildings, David Chapman Investments, LLC RECOMMENDED ACTION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a resolution to extend the time for completion of the off -site improvements as specified in the approved Subdivision Improvement Agreement (to January 2, 2014 for Parcel Map No. 35900, Arnold Palmer Office Buildings, David Chapman Investments, LLC. EXECUTIVE SUMMARY: • The developer, David Chapman Investments, LLC, requests a third one-year time extension of the Subdivision Improvement Agreement to complete the off -site improvements. • These improvements are not necessary until the office buildings are constructed. • Staff has not received any requests from residents for these improvements and therefore recommends approval of this time extension. FISCAL IMPACT: None. BACKGROUND/ANALYSIS: Parcel Map No. 35900 is located north of Avenue 52 and east of Desert Club Drive (Attachment 1). .n.:,_ 009 To date, the City Council has granted the following Subdivision Improvement Agreement extensions: • April 6, 2010 extended to December 1, 2010 • November 1, 2011 extended to November 1, 2012 In a letter received on November 7, 2012 (Attachment 2), the developer requests an additional one-year time extension to complete the off -site improvements, which include making water and sewer connections for the project. The developer explains that the economy has not improved enough to make it a viable option to implement the improvements. ALTERNATIVES: Deny the request, place the developer in default, and direct the City Attorney to pursue the developer's bonds for these improvements; or approve the request with a different time extension period. Respectfully submitted, LF� x" Timothy R. Jona n, P.E. Public Works Dir for/City Engineer Attachments: 1. Vicinity Map 2. Letter from David Chapman received on November 7, 2012 .'�a_ C 10 RESOLUTION NO. 2013- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE OFF -SITE IMPROVEMENTS AS SPECIFIED IN THE. APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO JANUARY 2, 2014 FOR PARCEL MAP NO. 35900, ARNOLD PALMER OFFICE BUILDINGS WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Parcel Map No. 35900, Arnold Palmer Office Buildings, David Chapman Investments, LLC on December 1, 2008; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and . WHEREAS, failure by the Subdivider to complete construction of the improvements by November 1, 2012, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of the off -site improvements as required by the approved SIA is extended to January 2, 2014. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on January 2, 2014. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. Resolution No. 2013- Parcel Map No. 35900, Arnold Palmer Office Buildings Adopted: January 2, 2013 Page 2 Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 2nd day of January 2013, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: SUSAN MAYSELS, City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 01) ATTACHMENT 1 PM 35900 ARNOLD PALMER OFFICE BUILDINGS m J U o- w W 0 AVENIDA NUESTRA PROJECT AVE. 52 TY NOT TO SCALE MAP N , 013 Nov. 7. 2012 12:12PM ship rite No. 4121 P. 1 ATTACHMENT 2 dea✓ Amy, TA//c ✓ i 3 Fe / /uw ..-p v+, ow, ✓ oN �c.-� a »• pN .f . ,�-e i M � ru vc..+o.i, •E s � . ��4✓C e / /�'�a-p 3 S`10 D . � �+� `Gfy,ez y c. 4e"C -ey/a., "O-N &.1 744e, cop ?%rfisn i.nj-Ae eednovey ,.p -eavld v-�rA,+^ak-e� ma's �AG fra lyi V&,-a'd Oj N-: 014 CITY / SA / HA / FA MEETING DATE: January 2, 2013 ITEM TITLE: Adoption of a Resolution to Extend the Time, for Completion of the On -Site Improvements for Parcel Map No. 35900, Arnold Palmer Office Buildings, David Chapman Investments, LLC RECOMMENDED ACTION: AGENDA CATEGORY: BUSINESS SESSION: s_ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt a resolution to extend the time for completion of the on -site improvements as specified in the approved Subdivision Improvement Agreement to January 2, 2014 for Parcel Map No. 35900, Arnold Palmer Office Buildings, David Chapman Investments, LLC EXECUTIVE SUMMARY: • The developer, David Chapman Investments, LLC, requests a third one-year time extension of the Subdivision Improvement Agreement to complete the on -site improvements. • The onsite improvements would only be necessary for the construction of office buildings and therefore are not necessary at this time. • Staff has not received any requests from residents for these improvements and therefore recommends approval of this time extension. FISCAL IMPACT: None. BACKGROUND/ANALYSIS: Parcel Map No. 35900 is located north of Avenue 52 and east of Desert Club Drive (Attachment 1). .:. 015 To date, the City Council has granted the following Subdivision Improvement Agreement extensions: • April 6, 2010 extended to December 1, 2010 • November 1, 2011 extended to November 1, 2012 In a letter received on November 7, 2012 (Attachment 2), the developer requests an additional one-year time extension to complete the on -site improvements. The developer explains that the economy has not improved enough to make it a viable option to implement the improvements. ALTERNATIVES: Deny the request, place the developer in default, and direct the City Attorney to pursue the developer's bonds for these improvements; or approve the request with a different time extension period. Respectfully submitted, Timothy R. Jo son, P.E. Public Works ' ector/City Engineer Attachments: 1. Vicinity Map 2. Letter from David Chapman received on November 7, 2012 �. _ . 0.16 RESOLUTION NO. 2013- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE ON -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO JANUARY 2, 2014 FOR PARCEL MAP NO. 35900, ARNOLD PALMER OFFICE BUILDINGS WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Parcel Map No. 35900, Arnold Palmer Office Buildings, David Chapman Investments, LLC on December 1, 2008; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by November 1, 2012, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of the on -site improvements as required by the approved SIA is extended to January 2, 2014. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on January 2, 2014. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. „ 017 Resolution No. 2013- Parcel Map No. 35900, Arnold Palmer Office Buildings Adopted: January 2, 2013 Page 2 Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 2nd day of January 2013, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: SUSAN MAYSELS, City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California DON ADOLPH, Mayor City of La Quinta, California w,.:. 018 ATTACHMENT 1 PM 35900 ARNOLD PALMER OFFICE BUILDINGS w I AVENIDA NUESTRA W PROJECT o AVE. 52 CINITY NOT TO SCALE «_J.. ' 019 Nov. 7. 2012 12:12PM ship rite No. 4121 P. 1 ATTACHMENT 2 //o►hm y Yw . /iS5,3�Dwk' 6-mi",.eev C; k► � C� aw; � �Q Lai�.u��1G, Ca. ysry7 777 7 1wf dear fi%y, fAis /c/ic✓ /S / 4e1law" 0" o„rdONlicr+I k'-, eefgv, "^l 4-tic- SIP 's ue co rr le l,Hl 46 Owg:%. pia s. ,�-e � ^t pia ve//-►*..� •E.c �. Pdric c l /�'lG-p 3 i`l0 0 . � � `Cywesi , n e fvs ov, o-�c con,M/tfi� oa /�itte pro'ircViIt of�,u++ �D ConJl�uc�. / X A^k yeti rye Ya■,r ,V+ . SALPr4 lyi 1PA N.. �. 020 CIT / SA / HA / FA MEETING DATE: January 2, 2013 ITEM TITLE: Resolution to Extend the Time for Completion of the On -Site Improvements for Tract Map No. 31681-3, Andalusia, Coral Option I, LLC RECOMMENDED ACTION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: 3 STUDY SESSION: PUBLIC HEARING: Adopt a resolution to extend the time for completion of the on -site improvements as specified in the approved Subdivision Improvement Agreement to January 2, 2014 for Tract Map No. 31681-3, Andalusia, Coral Option I, LLC. EXECUTIVE SUMMARY: • The developer, Coral Option I, LLC, requests a fourth one-year time extension of the Subdivision Improvement Agreement to complete the on -site improvements. • These improvements will not be necessary until all of the home sites are developed in this tract. • Staff has not received any requests from residents for these improvements and therefore recommends approval of this time extension. FISCAL IMPACT: None. BACKGROUND/ANALYSIS: Andalusia, Tract Map No. 31681-3, is located east of Madison Street, west of Monroe Street, south of Avenue 58, and north of Avenue 60 (Attachment 1). 1k. "' . 021 To date, the City Council has granted the following Subdivision Improvement Agreement extensions: • August 5, 2008 extended to March 27, 2009 • January 5, 2010 extended to September 30, 2010 • August 2, 2011 extended to August 2, 2012 In a letter dated July 24, 2012 (Attachment 2), the developer requests an additional time extension due to the real estate market. The developer has requested time to complete the street paving in the southern half of the tract that is currently blocked off to vehicular traffic. ALTERNATIVES: Deny the request, place the developer in default, and direct the City Attorney to pursue the developer's bonds for these improvements; or approve the request with a different time extension period. Respectfully submitted, Timothy R. Jona s n, P.E. Public Works Dir for/City Engineer Attachments: 1. Vicinity Map 2. Letter from Coral Option I, LLC dated July 24, 2012 '° 022 RESOLUTION NO. 2013- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA OUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF THE ON -SITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT TO JANUARY 2, 2014 FOR TRACT MAP NO. 31681-3, ANDALUSIA WHEREAS, the City Council approved the Subdivision Improvement Agreement (SIA) for Tract Map No. 31681-3, Andalusia, on March 27, 2007; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the Subdivider begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreement; and WHEREAS, failure by the Subdivider to complete construction of the improvements by August 2, 2012, shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council's sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The time for the completion of the on -site improvements as required by the approved SIA is extended to January 2, 2014. Section 2. The time extension for completing the improvements shall expire when City offices close for regular business on January 2, 2014. If the Subdivider has not completed the improvements, the City, in its sole discretion and when deems necessary, may declare the Subdivider in default of the Agreement. Section 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. 0 2 3 Resolution No. 2013- Tract Map No. 31681-3. Andalusia Adopted: January 2, 2013 Page 2 Section 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 2nd day of January 2013, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: SUSAN MAYSELS, City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California DON ADOLPH, Mayor City of La Quinta, California »_. , 024 ATTACHMENT 1 TM 31681-3 ANDALUSIA uE NAP AVENUE 62 1ICINI1 NOT TO SCALE ;e MAP ATTACHMENT 2 July 24, 2012 Coral Option I, LLC 91-570 Carbonaras La Quints, CA 92253 760-777-1001 RECEiMED DEC 06 2012 Tim Jonasson, P.E. PUBI_iC WORKS Works Director City of La Quints P.O. Box 1504 La Quinta, CA 92247-1504 Res Tract Map 31681-3 Subdivision Improvement Agreement On -Site Work Dear Tim: Nothing has changed in the real estate market nor our business plan since our letter to you dated July 20, 2011. The grading, sewer, curb and gutter, water, and dry utility work has been complete for over four years now. And the paving for the north half of the tract has been completed that long as well. We have not yet paved the southern half due to the real estate market. We do not anticipate building in this part of the tract for at least three (3) more years. We:are also, as market conditions change, considering changes to our land plan for this portion of the project. If we elect to go this route we would be making changes to the sewer, water, curb, and paving. These unpaved roads are seldom if ever used. They cannot be seen by any of our Andalusia residents nor can they be seen by passersby on Monroe or Avenue 60. We therefore respectfully request a time extension to September 30, 2016 to complete this work. We will gladly make ourselves available at your convenience to discuss this in person if that might be beneficial. Yours truly, Nolan Sparks In x,: 026 AGENDA CATEGORY: CITY / SA / HA / FA MEETING DATE: January 2, 2013 _ ITEM TITLE: License for Pedestrian, Vehicle and Utility BUSINESS SESSION: Improvements Agreement with Costco Wholesale CONSENT CALENDAR: Corporation for Construction of a Vehicular Cross STUDY SESSION: Access Point, Sidewalk Improvements and a Utility Connection on Costco's Property PUBLIC HEARING: RECOMMENDED ACTION: Approve a license agreement with Costco Wholesale Corporation for construction of a vehicular cross access point, sidewalk improvements and a utility connection on Costco's property subject to minor revisions by the City Attorney, and authorize City Manager to execute the agreement. EXECUTIVE SUMMARY: This license agreement will allow the contractor for the Coral Mountain Apartments to construct the following on Costco's property: • A vehicular access point on the Costco property that connects "A" Street (now known as Vista Coralina Lane) with the Costco commercial center ("A" Street will run from Costco to Dune Palms Road); • Sidewalk improvements on the Costco property that connect with the "A" Street sidewalks; • A utility connection to serve the Coral Mountain Apartments. FISCAL IMPACT: None. BACKGROUND/ANALYSIS: Improvement plans for the proposed vehicular cross access point, pedestrian sidewalk, .Q, 027 and the utility connection have been approved. The City Attorney's office and counsel for Costco Wholesale Corporation have drafted the proposed license agreement (Attachment 1) to allow the contractor to construct the above listed items on Costco's property. Under the terms of the agreement, the City must indemnify Costco for claims that arise out of the use of the area. If traffic in the area becomes too heavy, the parties have agreed to work together to address the issue. Costco has retained the right to make future improvements in the area that might affect the cross access area, but will ensure continued access and be responsible for future expenses associated with any modification. ALTERNATIVES: Staff does not recommend any alternatives to the recommended action as it is necessary in,order to complete the Coral Mountain Apartments. Respectfully submitted, Timothy R. J n sson, P.E. Public Works irector/City Engineer Attachment: 1. License for Pedestrian, Vehicle and Utility Improvements Agreement -lk 028 ATTACHMENT 1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of La Quinta P.O. Box 1504 La Quinta, CA 92247 Attn: Citv Manaeer Space Above This Line for Recorder's Use (Exempt From Recording Fee per Gov't Code § 27383) LICENSE FOR PEDESTRIAN, VEHICLE AND UTILITY IMPROVEMENTS This License for Pedestrian, Vehicle and Utility Improvements ("Agreement") is made effective , 2012, by and between Costco Wholesale Corporation, a Washington corporation ("Licensor") and the City of La Quinta, a California corporation and charter city ("Licensee"). Licensee and Licensor are referred to herein collectively as the "Parties." RECITALS A. Licensor is the owner of a real property generally located at 79795 Highway 111, La Quinta, California (the "Property"). B. Licensee desires to construct a vehicular cross access point, sidewalk improvements and a utility connection on the Property, as more particularly described below. Licensor has agreed to allow Licensee to construct these improvements, upon the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual promises set forth herein, the Parties hereby agree as follows: 1. Site Work. For purposes of this Agreement, "Site Work" shall mean the work necessary to: (i) construct a driveway cross access ("Cross Access") in the location shown on the improvement plans attached hereto and incorporated herein as Exhibit A ("Improvement Plans"); (b) construct sidewalk improvements ("Sidewalk") in the location show on the Improvement Plans; and (c) construct a water line utility connection ("Utility Connection") in the location shown on the Improvement Plans. 2. Grant of License. Licensor hereby grants a limited, nonexclusive irrevocable license to Licensee and the public to allow for the use of the Cross Access and Sidewalk by the public for shopping at the Property and properties immediately adjoining the Property (herein the "Access License"). Licensee agrees that this Access License is granted with the permission of Licensor and that no claim for adverse possession or prescriptive easement shall arise as a result of the use of the Cross Access, Sidewalk, or any other portion of the Property by the public. In the event that the use of the Cross Access becomes an undue burden on the Property or is used for purposes other than as intended herein, the Licensee shall, at no cost to Licensee, cooperate in good faith with Licensor in order alleviate such impacts. Licensor reserves the right to make any and all alterations, additions and improvements to the Property not inconsistent with the ^Wv.l 029 intended use of the Cross Access and Sidewalk, including but not limited to installation of traffic calming or traffic control measures and/or relocation of the Sidewalk, subject to all governmental requirements applicable to the Property. Any such alterations, additions, and/or improvements shall be made at the sole cost of Licensor. 3. Grant of Temporary Construction License. Licensor hereby grants a temporary, nonexclusive license (the "Temporary "License") to Licensee and its contractors to enter upon the Property for the limited of purpose of constructing the Site Work, subject to the provisions below. a. Term of Temporary Construction License. (i) Utility Connection. With respect to the construction of the Utility Connection, the term of this Temporary License shall commence on January 2, 2011 and shall terminate on January 31, 2013. (ii) Cross Access. With respect to the construction of the Cross Access, the term of this Temporary License shall commence on April 8, 2013 and shall terminate on May 24, 2013. (iii) Sidewalk. With respect to the construction of the Sidewalk, the term of this Temporary License shall commence on April 8, 2012 and shall terminate on May 24, 2013. b. Work Hours. Licensor shall have the right to pre -approve all construction hours relating to the Site Work. No construction shall occur between November I" and December 31". C. Staging. No construction staging or storage of materials shall occur on the Property. d. Plan Approval. Licensor shall have the right to approve all construction plans relating to the Site Work. Licensee shall ensure that all Site Work is constructed in accordance with the construction plans to be approved by Licensor. e. Costs. Any and all costs relating to the construction of the Site Work shall be paid by Licensee. f. Governmental Anarovals. Licensee shall obtain all governmental.. approvals necessary to perform the Site Work, at its sole cost and expense. g. Coordination; Designated Representative. Licensee designates Tim Jonasson (760) 777-7042; tjonasson@la-quinta.org as its Project Representative to Licensor. The Project Representative shall promptly respond to any inquiries from the Licensor regarding this Agreement or the performance of the Site Work. Licensor designates Bob Rivet (425) 313-6773; brivet@costco.com as its primary project contact. h. Safety and Signage. Licensee shall ensure that its activities on the Property are conducted in a safe manner. Licensee shall erect and maintain safety barriers and any temporary signage, if necessary to ensure a safe site during the term of this Agreement. i. Due Care and Diligence. Licensee shall use due care and diligence in the exercise of its rights hereunder, and it will at all times exercise its rights hereunder at such times and in such manner as approved by Licensor and as will not occasion (a) any interference with the business operations on the Property, (b) any interference with the customary access to or from 2 . v.-"a 030 the Property, or (c) any damage or injury to the Property, or to any agents, servants, invitees or employees of Licensor. j. Condition of Property. Licensee shall not permit or commit any waste, damage, or destruction to the Property and shall immediately repair and restore the Property to substantially the condition it was in prior to the start of Licensee's activities, subject to the actual improvements installed by Licensee as part of the Site Work. k. No Hazardous Wastes. Licensee shall not to allow any toxic, hazardous or petroleum products to be released, discharged or deposited onto the Property in connection with Licensee's activities hereunder. 1. Liens. Licensee shall keep the Property free from all liens or other encumbrances arising out of any work performed, materials furnished or obligations incurred by Licensee. Licensee covenants and agrees that it will pay or cause to be paid all sums legally due and payable by it on account of any labor performed or materials furnished in connection with any Site Work on the Property, and that Licensee will indemnify and hold the Licensor harmless from all loss, cost or expense based on or arising out of asserted claims or liens against the Property arising out of any work performed, materials furnished or obligations incurred by Licensee. Licensee shall give Licensor immediate written notice of the placing of any such lien or encumbrance against the Property and Licensee shall cause such lien or encumbrance to be discharged within thirty (30) days of the filing or recording thereof; provided, however, Licensee may contest such liens or encumbrances as long as such contest prevents foreclosure of the lien or encumbrance and Licensee causes such lien or encumbrance to he bonded or insured over in a manner satisfactory to Licensor, within such thirty (30) day period. M. Assumption of Risk. Licensee assumes all risks and liabilities arising out of Licensee's entry onto the Property and all activities performed on the Property by Licensee and Licensee's contractors. n. Indemnity. Licensee covenants and agrees that agrees that Licensor shall not at any time or to any extent whatsoever be liable, responsible or held accountable for, and Licensee agrees to indemnify and hold harmless and, at Licensor's option, defend Licensor, its officers, agents, employees, successors and assigns from and against any and all suits, actions, legal proceedings, claims, demands, obligations and expenses (including attorneys' fees and expenses) of whatever kind or character relating to Licensee's, and its contractors, subcontractors, employees, agents, representatives, guests or invitees use of the Property, including, but not limited to: (a) personal injury (including death) to any person; (b) property damage of any kind; (c) claims of lien from Licensee's contractors, subcontractors, agents, or representatives or otherwise related to the Site Work; (d) the presence of hazardous, toxic or petroleum products on the Property caused or exacerbated by Licensee, or its contractors, subcontractors, employees, agents or representatives; or (e) the violation of any federal, state or local law, ordinance, regulation or other governmental requirement caused by Licensee, or its contractors, subcontractors, employees, agents, representatives, guests or invitees. o. Insurance. Licensee shall procure and maintain in effect during the term hereof, without expense to Licensor, the following: i. Liability. Commercial general liability insurance and property damage insurance, including a contractual liability endorsement covering Licensee's obligations under 3 031 Section 3(n), in the minimum amount of $1,000,000 per occurrence, $2,000,000 aggregate, together with an additional $1,000,000 umbrella. In addition, Phoenix and EST shall maintain contractor's pollution liability insurance in the minimum amount of $2,000,000 per occurrence and professional errors and omissions liability insurance in the amount of at least $2,000,000 (with no pollution exclusion). ii. Automobile Liability. Commercial Auto Liability Insurance with a combined single limit of not less $1000,000 limit for bodily injury and property damage liability, together with an additional $1,000,000 umbrella. Coverage shall be provided for all owned, leased, non -owned and hired vehicles. Auto liability insurance requirements shall apply to all operations of Licensee and its contractors and subcontractors. If umbrella or excess liability policies are required to achieve necessary total limits, coverage shall be no less broad in scope than underlying general and automobile liability insurance. iii. Worker Compensation. Worker's Compensation insurance with limits as required by statute. iv. At least three (3) days prior to entry onto the Property, Licensee shall furnish Licensor with a certificate of such policies of insurance. Licensor shall be named as additional insured. All policies shall contain a waiver of insurer's rights to subrogate against Licensor. Insurance policies maintained by Licensee'shall be primary. Policies maintained by Licensor shall be excess and noncontributory to policies maintained by Licensee. The obligation to carry insurance shall not limit or modify any other obligations assumed by Licensee hereunder, nor shall Licensor be under any duty to examine such certificate or to advise Licensee in the event its insurance is not in compliance with this Agreement. All policies shall be placed with insurance carriers rated by AM Best at B+ VII or better and such policy shall provide that it is not subject to cancellation or reduction in coverage except after thirty (30) days' prior written notice to Licensor. Licensee's maintenance of insurance shall not be deemed to release or diminish liability of Licensee, including without limitation, liability under the indemnity provision of this Agreement. Damage recoverable by Licensor shall not be limited by amount or scope of the required insurance coverage. 4. General Provisions. a. Entire Agreement — No Oral Modifications. This Agreement and the exhibits hereto constitute the final and complete agreement, and supersede all prior correspondence, memoranda or agreements between the parties relating to the subject matter hereof. This Agreement cannot be changed or modified other than by a written agreement executed by the Parties. b. Liability. Licensee, and not Licensor, shall be liable for all claims, demands, liens, costs, expenses, fees, fines, penalties, damages (including without limitation incidental and consequential damages) judgments, any other liabilities and attorney's fees, if any (collectively, "Claims"), arising directly or indirectly from the Site Work, any access obtained pursuant to this Agreement, any acts or omissions of Licensee while on or about the Property, and any breach of this Agreement by Licensee. Notwithstanding the foregoing, Licensee shall not be liable to the extent such Claims arise from any alterations, additions and/or improvements to the Property made by Licensor pursuant to Licensor's Reservation in Section 2 of this Agreement. 4 "• - 032 C. Counterparts. This Agreement may be executed. in multiple counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The Parties further agree that a copy of or a facsimile signature shall be treated as an original. d. Assignment. This Agreement is personal to Licensee and Licensee shall not have any right to assign its rights or obligations hereunder. Any attempt by Licensee to assign this license shall terminate this Agreement. Licensor shall have the right to assign any and all of its rights and obligations hereunder. e. Binding Effect. This Agreement shall run with the Property and be binding on and inure to the benefit of Licensor and Licensee and their respective successors and assigns. f. Attorneys' Fees. In the event that any party hereto brings an action or proceeding for a declaration of the rights of the parties under this Agreement, for injunctive relief, or for an alleged breach or default of this Agreement, or any other action arising out of this Agreement or the transactions contemplated hereby, the prevailing party in any such action shall be entitled to an award of reasonable attorneys' fees and any court costs incurred in such action or proceeding, in addition to any other damages or relief awarded, regardless of whether such action proceeds to final judgment. g. Severability. If any term or provision of this Agreement shall, to any extent, be held invalid or unenforceable, the remaining terms and provisions of this Agreement shall not be affected thereby, but each remaining term and provision shall be valid and enforced to the fullest extent permitted by law. h. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. i. Counterparts. This Agreement may be executed in more than one counterpart, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. j. Captions. The captions of this Agreement are inserted solely for convenience of reference only and do not define, describe or limit the scope or intent of this Agreement or any term hereof. k. Exhibits. All exhibits attached hereto are hereby incorporated herein by reference and made a part hereof. 1. Construction. Licensee and Licensor acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement (including the exhibits) or any amendments thereto, and the same shall be construed neither for nor against Licensee or Licensor, but shall be given a reasonable interpretation in accordance with the plain meaning of its terns and the intent of the Parties. in. Survival of Terms. The covenants and indemnity of Licensee contained.in this Agreement shall survive the termination of this Agreement. wry 033 5. Notices. All notices, demands, consents, approvals and other communications (each, a "Notice") which are required or desired to be given by either party to the other under this Agreement shall be in writing and shall be (a) hand delivered, (b) sent by U.S. registered or certified mail, postage prepaid, return receipt requested, (c) sent by reputable overnight courier service that provides a receipt with the time and date of delivery, or (d) transmitted by facsimile machine (with a copy, including the transmission sheet indicating successful transmission of the Notice by facsimile machine, to follow by regular mail), addressed to the appropriate party at its address set forth below, or at such other address as such parry shall have last designated by Notice to the other. Notices shall be deemed given when delivered, if delivered by hand or by overnight courier; at the time and on the date of machine transmittal, if given by facsimile; or three days after mailing, if given by U.S. mail. Rejection or other refusal by the addressee to accept a Notice or the inability to deliver the Notice because of a changed address of which no Notice was given shall be deemed to be receipt of the Notice sent. Notice addresses for the parties are as follows: City of La Quinta Notices Delivered by U.S. Mail: La Quinta Housing Authority P.O. Box 1504 La Quinta, CA 92247 Phone No.: (760) 777-7031 Facsimile No.: (760) 777-7101 Attention: Executive Director Notices Delivered Personally or by Courier: La Quinta Housing Authority 78-495 Calle Tampico La Quinta, CA 92253 Phone No.: (760) 777-7031 Facsimile No.: (760) 777-7101 Attention: Executive Director Costco: Costco Wholesale Corporation 999 Lake Drive Issaquah, WA 98027 Attention: Legal Department/Property Management And to: Costco Wholesale Corporation 79795 Highway 111 La Quinta, CA 92253 Attn: Warehouse Manager DATED as of the day and year first set forth above. .A.".. 034 LICENSOR: LICENSEE: ATTEST: Susan Maysels, City Clerk APPROVED AS TO FORM: RUTAN & TUCKER, LLP En M. Katherine Jenson, City Attorney COSTCO WHOLESALE CORPORATION, a Washington corporation By: Its: CITY OF LA QUINTA, a California municipal corporation and charter city organized and existing under the Constitution of the State of California By: Frank J. Spevacek, City Manager "w 035 State of California County of Riverside On before me, (insert name and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. State of California County of Riverside On before me, (Seal) (insert name and title of the officer) Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) "1, 036 EXHIBIT A IMPROVEMENT PLANS [See following pages] 9 "Mu. 037 COSTTCQ LA OU/NTA PARCEL MAP 33M PA KAIG L4T iMPAbVMEMM k � COS00 WHOLESALE w »^^ wonaww wAt pop v q �.S'� P SLR ee } j. yi jT LEA""^ .. y �4 w-- W W co 10 a ax.tua�Iwo aaac�a a,. i „npiG j COSTOO GAS- srAMM 00 CORAL MOMANPFM= GRAVING PLANSoff ,ff ➢ *a DEMOMM PLAN �_ j - - " "-. 9wa — Y ersAs ww � oio'rnwwmu rrrii aemenovrtrrwaeWrin +„�.. a rosairrmranws'� ww. r mu�rwaroaw.�vmr. ;,� e • . xCH5gra ..� .. CR OF LAOU W OALFaHA —._._.._ __......._-...... ,s..,�.s...� .e.,�..... A,. .. ..tea. ,.�.�...,.ry., w... -._ Ar 12 ,ram tsuo_ a awr an lac ati t `" VISTA C-MUN .LANE f � iYRll�tr � w � DIIGIAort 13 rHrr um v J r .a VITA, CONAINJA LANE aOsrlemY� r wssmvle mrw eLro l - �� _ onk IMP LINE -El em.m. x .�,,,.....,�.,..,...,« O 1.� N Vt pf . p9 WHf snui� emu® ww.m/ OD• S!![T 14 19 Ui pATA iTum"w� LINE E3 LINE E2 CITY SA / HA / FA MEETING DATE: January 2, 2013 AGENDA CATEGORY: BUSINESS SESSION: _ ITEM TITLE: A Professional Services Agreement with CONSENT CALENDAR: 5 the Tall Man Group for Real Estate Analysis and Affordable Housing Consulting Services and Approval STUDY SESSION: of Appropriation PUBLIC HEARING: RECOMMENDED ACTION: Approve a Professional Services Agreement with the Tall Man Group for Real Estate Analysis and Affordable Housing Consulting Services, authorize the City Manager to execute the Agreement, and approve an appropriation of $25,875 from unallocated General Fund Reserves. EXECUTIVE SUMMARY: To fill the need for specialized real estate analysis services, the City issued a Request for Qualifications in August 2012. Upcoming projects that.may require these services include the disposition and development of SilverRock Resort, the Village, and the Highway 111 commercial properties, and the disposition of the Housing Authority properties. The Request for Qualifications was circulated to ten firms and the following firms responded: Gafcon, Keyser Marston Associates, Tall Man Group and Tierra West Advisors. The Consultant Selection Committee, consisting of Les Johnson, Planning Director and Debbie Powell, Economic Development/Housing Manager, interviewed these firms, and selected two firms to provide these services: The Tall Man Group due to their specific knowledge and experience with City projects, and Gafcon. The Professional Services Agreement (Attachment 1) covers services for the City, Housing Authority and Successor Agency. This staff report focuses on the City - related services and funding. »� 043 FISCAL IMPACT: The Professional Services Agreement spans multiple fiscal years, through June 30, 2014. However, the contract amount covers only the remainder of Fiscal Year 2012/2013, and totals $55,140. Staff proposes to engage The Tall Man Group to undertake various assignments for the City, Housing Authority and the Successor Agency; thus each entity is requested to approve the contract and appropriate funds as follows: General Fund $25,875 Housing Authority $24,250 Successor Agency Administrative Budget $ 5,015 Total $55,140 The City's share will require an appropriation from General Fund Reserves to account number 101-1003-413.32-07, Consulting Services. The costs for Fiscal Year 2013/2014 will be included in the City's annual budget. It should be noted that, if the City enters into Exclusive Negotiation Agreements with developers for specific projects, the agreements may contain a provision requiring the developer to cover all consulting costs directly related to the developer/project. Should this occur, the City would not incur consulting costs related to these services. BACKGROUND/ANALYSIS: The City is moving forward with various economic development projects and property disposition activities during the remaining six months of Fiscal Year 2012/13 including the disposition of SilverRock Resort properties and the Highway 111 commercial property. While the City will be recruiting for a Business Analyst who will have this expertise, the City may require specialized real estate analysis and fiscal analysis services before this position is filled. These services include: real estate proposal and pro -forma analysis/evaluation; property disposition; due diligence activities related to development proposals/developers; assistance with agreement structuring; and cash flow analysis/projections. In addition, the Successor Agency must prepare an asset management plan prior to July 2013; The Tall Man Group may provide assistance with this endeavor. Staff is recommending retaining both Gafcon and the Tall Man Group to provide real estate analysis services. Gafcon will focus on SilverRock property disposition and development activities, and will also validate the market viability of specific development proposals. The Tall Man Group will focus on the City's various residential transactions, and will provide assistance as necessary with the remaining redevelopment dissolution activities. �.._ Q44 ALTERNATIVES: The only alternative to the recommended action is to not retain The Tall Man Group for these services at this time. Staff does not recommend this alternative given recent developer interest in the Village and Highway 111 properties, and the need to initiate the next phase of the redevelopment dissolution activities. Respectfully submitted, Les Joh o Planning . ctor Attachment: 1. Professional Services Agreement with Tall Man Group 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, a California municipal corporation, LA QUINTA HOUSING AUTHORITY, a public body, corporate and politic, SUCCESSOR AGENCY TO THE DISSOLVED LA QUINTA REDEVELOPMENT AGENCY, a public body, (together, "City/Housing Authority/Successor Agency"), and Tall Man Group ("Consultant"i. 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 Real Estate Analysis 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/Housing Authority/Successor Agency, Consultant shall immediately inform City/Housing Authority/Successor Agency 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). „�_� 046 1.5 Care of Work and Standard of Work. a. Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City/Housing Authority/Successor Agency, except such losses or damages as may be caused by City's/Housing Authority's/Successor Agency'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/Housing Authority/Successor Agency, when such inaccuracies are due to the negligence of Consultant. b. Standard of Work. Consultant acknowledges and understands that the services and work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant's services and work will be held to a heightened standard of quality and workmanship. Consistent with Section 1.4 hereinabove, Consultant represents to City/Housing Authority/Successor Agency that it holds the necessary skills and abilities to satisfy the heightened standard of work as set forth in this Agreement. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services ("Additional Services") when directed to do so by the Contract Officer. Consultant shall not perform any Additional Services until receiving prior written authorization from the Contract Officer. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforeceable. Failure of Consultant to secure the Contract Manager's written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time due, whether by way of compensation, restitution, quantum meruit, etc, for Additional Services provided without the appropriate authorization from the Contract Manager. Compensation for properly authorized Additional Services shall be made in accordance with Section 2.2 of this Agreement. 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. Last revised 7-3.12 2 .. e47 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, for Fiscal Year 2012-2013, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Fifty -Five Thousand One Hundred Forty Dollars ($55,140) (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. Regardless of the method of compensation set forth in the Schedule of Compensation, Consultant's overall compensation shall not exceed the Contract Sum, except as provided in Section 1.6 of this Agreement, "Additional Services." For fiscal year 2013-2014, contract sum will be determined in conjunction with annual strategic "planning and budget processes. Consultant and staff shall prepare a work program and budget to be submitted to the City Manager/Executive Director for consideration and incorporation into the draft City, Housing Authority, and Successor Agency Adminstrative budgets. 2.2 Compensation for Additional Services. Additional services approved in advance by the Contract Manager pursuant to Section 1.6 of this Agreement, "Additional Services," shall be paid for in an amount agreed to in writing by both City/Housing Authority/Successor Agency and Consultant in advance of the Additional Services being rendered by Consultant. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer. Any greater amount of compensation for additional services must be approved by the La Quinta City Council. Under no circumstances shall Consultant receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer pursuant to Section 1.6 of this Agreement. 2.3 Method of Billing. 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 Last revised 7-3-12 3 „%- j 048 principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall. be performed diligently and within the time period established in Exhibit C (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City/Housing Authority/Successor Agency, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. Extensions to the Schedule of Performance which are determined by the Contract Officer to be justified pursuant to this Section shall not entitle the Consultant to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated in accordance with Sections 8.7 or 8.8 of this Agreement, the term of this agreement shall commence on December 19, 2012 and terminate on June 30, 2014_(initial term). This agreement may be extended for two (2) additional year(s) upon mutual agreement by both parties (extended term). Last revised 73-12 4 , n.. 1 Q 49 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. Jon McMillen, President It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City/Housing Authority/Successor Agency 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/Housing Authority/Successor Agency. 4.2 Contract Officer. The Contract Officer shall be the City Manager/Executive Director, or such other person as may be designated by the City Manager of City/Executive Director. 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/Housing Authority/Successor Agency to the Contract Officer. Unless otherwise specified herein, any approval of City/Housing Authority/Successor Agency 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/Housing Authority/Successor Agency 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/Housing Authority/Successor Agency. 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/Housing Authority/Successor Agency. 4.4 Independent Contractor. Neither City/Housing Authority/Successor Agency 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/Housing Authority/Successor Agency Last revised 7-3-12 5 �►,., 050 and shall remain at all times as to City/Housing Authority/Successor Agency 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/Housing Authority/Successor Agency. 4.5 City/Housing Authority/Successor Agency Cooperation. City/Housing Authority/Successor Agency 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/Housing Authority/Successor Agency. 5.0 INSURANCE 5.1 Insurance. Prior to the beginning of and throughout the duration of the Work performed under this Agreement, Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability 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/Housing Authority/Successor Agency nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City/Housing Authority/Successor Agency and its officers and employees as additional insured (on the Commercial General Liability policy only) shall be delivered to and approved by City prior to commencement of the services hereunder. The following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A -:VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Errors and Omissions Liability $1,000,000 (per claim and aggregate) Workers'. Compensation (per statutory requirements) Last revised 7-3-12 6 Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City/Housing Authority/Successor Agency nor its insurers shall be required to contribute to such loss. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without written notice to City/Housing Authority/Successor Agency 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/Housing Authority/Successor Agency, its officers, employees, contractors, subcontractors, or agents. 5.2 Remedies. In addition to any other remedies City/Housing Authority/Successor Agency 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/Housing Authority/Successor Agency 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. Last revised 7-3-12 7 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/Housing Authority/Successor Agency may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 5.3 General Conditions pertaining to provisions of insurance coverage by Consultant. Consultant and City/Housing Authority/Successor Agency agree to the following with respect to insurance provided by Consultant; 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City/Housing Authority/Successor Agency, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992, Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City/Housing Authority/Successor Agency regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City/Housing Authority/Successor Agency or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City/Housing Authority/Successor Agency and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion Last revised 7-3-12 8 - �, ,� C 5 3 for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City/Housing Authority/Successor Agency, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City/Housing Authority/Successor Agency's protection without City/Housing Authority/Successor Agency's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City/Housing Authority/Successor Agency at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City/Housing Authority/Successor Agency has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City/Housing Authority/Successor Agency shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City/Housing Authority/Successor Agency option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance .available to City/Housing Authority/Successor Agency. 9. Consultant agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City/Housing Authority/Successor Agency for review. 10. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City/Housing Last revised 7-3-12 9 Authority/Successor Agency. If. Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City/Housing Authority/Successor Agency. At that time the City/Housing Authority/Successor Agency shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 11. The City/Housing Authority/Successor Agency reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City/Housing Authority/Successor Agency will negotiate additional compensation proportional to the increased benefit to City/Housing Authority/Successor Agency. 12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 13. Consultant acknowledges and agrees that any actual or alleged failure on the part of City/Housing Authority/Successor Agency to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City/Housing Authority/Successor Agency nor does it waive any rights hereunder in this or any other regard. 14. Consultant will renew the required coverage annually as long as City/Housing Authority/Successor Agency, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City/Housing Authority/Successor Agency executes a written statement to that effect. 15. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City/Housing Authority/Successor Agency within five (5) days of the expiration of coverages. 16. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly Last revised 7-3-12 10 f1 5 5 agrees not to use any statutory immunity defenses under such laws with respect to City/Housing Authority/Successor Agency, its employees, officials and agents. 17. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 18. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 19. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 20. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City/Housing Authority/Successor Agency or Consultant for the cost of additional in coverage required by this agreement. Any such provisions are to be deleted with reference to City/Housing Authority/Successor Agency. It is not the intent of City/Housing Authority/Successor Agency to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City/Housing Authority/Successor Agency for payment of premiums or other amounts with respect thereto. 21. Consultant agrees to provide immediate notice to City/Housing Authority/Successor Agency of any claim or loss against Consultant arising out of the work performed under this agreement. City/Housing Authority/Successor Agency assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City/Housing Authority/Successor Agency. 6.0 INDEMNIFICATION. 6.1 General Indemnification Provision. a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City/Housing Authority/Successor Agency and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims, Last revised 7-3-12 11 - , w, 056 losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City/Housing Authority/Successor Agency, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. 6.2 Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City/Housing Authority/Successor Agency to monitor compliance with these requirements imposes no additional obligations on City/Housing Authority/Successor Agency and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City/Housing Authority/Successor Agency as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. C57 Last revised 7-3-12 12 a. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City/Housing Authority/Successor Agency under any provision of this agreement, Consultant shall not be required to indemnify and hold harmless City/Housing Authority/Successor Agency for liability attributable to the active negligence of City/Housing Authority/Successor Agency, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City/Housing Authority/Successor Agency is shown to have been actively negligent and where City/Housing Authority/Successor Agency's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City/Housing Authority/Successor Agency. b. Indemnification Provision for Design Professionals. 1. Applicability of Section 6.2(b). Notwithstanding Section 6,2(a) hereinabove, the following indemnification provision shall apply to Consultants who constitute "design professionals" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City/Housing Authority/Successor Agency and City/Housing Authority/Successor Agency's agents, officers, officials, employees, representatives, and departments ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant, anyone directly or indirectly employed by them or anyone that they control. 3. Design Professional Defined. As used in this Section 6.2(b), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. Last revised 7-3-12 13 058 7.0 RECORDS AND REPORTS. 7.1 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. 7.2 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. 7.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City/Housing Authority/Successor Agency and shall be delivered to City/Housing Authority/Successor Agency 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/Housing Authority/Successor Agency of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City/Housing Authority/Successor Agency any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City/Housing Authority/Successor Agency for all damages suffered thereby. In the event City/Housing Authority/Successor Agency or any person, firm or corporation authorized by City/Housing Authority/Successor Agency 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/Housing Authority/Successor Agency 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. 7.4 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 �..- 059 Last revised 7-3-72 14 City/Housing Authority/Successor Agency, except as required by law or as authorized by City/Housing Authority/Successor Agency. 8.0 ENFORCEMENT OF AGREEMENT. 8.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City/Housing Authority/Successor Agency may take such immediate action as City/Housing Authority/Successor Agency 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/Housing Authority/Successor Agency's right to terminate this Agreement without cause pursuant to Section 8.7. 8.3 Retention of Funds. City/Housing Authority/Successor Agency may withhold from any monies payable to Consultant sufficient funds to compensate City/Housing Authority/Successor Agency for any losses, costs, liabilities, or damages it reasonably believes were suffered by City/Housing Authority/Successor Agency due to the default of Consultant in the performance of the services required by this Agreement. 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City/Housing Authority/Successor Agency's consent or approval of any act by Consultant requiring City/Housing Authority/Successor Agency's consent or approval shall not be deemed to waive or render unnecessary City/Housing Authority/Successor Agency's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be Last revised 7-3-12 15 M� ` C^ O in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Termination Prior To Expiration Of Term, This section shall govern any termination of this Agreement, except as specifically provided in the following Section 8.8 for termination for cause. City/Housing Authority/Successor Agency reserve 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 8.3. 8.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City/Housing Authority/Successor Agency may, after compliance with the provisions of Section 8.2, 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/Housing Authority/Successor Agency shall use reasonable efforts to mitigate such damages), and City/Housing Authority/Successor Agency may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City/Housing Authority/Successor Agency as previously stated in Section 8.3. 8.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing' party. Last revised 7-3-12 16 ..", , 9.0 CITY/HOUSING AUTHORITY/SUCCESSOR AGENCY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 9.1 Non -liability of City/Housing Authority/Successor Agency Officers and Employees. No officer or employee of City/Housing Authority/Successor Agency shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City/Housing Authority/Successor Agency 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. 9.2 Conflict of Interest. No officer or employee of City/Housing Authority/Successor Agency 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. 9.3 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. 10.0 MISCELLANEOUS PROVISIONS 10.1 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/Housing Authority/ Successor Agency: CITY OF LA QUINTA Attention: Frank Spevacek, City Manager/Exec. Director 78-495 Calle Tampico To Consultant: TALL MAN GROUP Attn: Jon McMillen, President 9548 Vista Aleta Valley Center, CA 92082 Last revised 7-3-12 17 C' 6 2 P.O. Box 1504 La Quinta, California 92247-1504 10.2 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. 10.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 10.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not 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. 10.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Frank J. Spevacek, City Manager Date ATTEST: Susan Maysels, City Clerk Last revised 7-3-12 18 N r63 APPROVED AS TO FORM: M. Katherine Jenson, City Attorney LA O.UINTA HOUSING AUTHORITY, a public body, corporate and politic Frank J. Spevacek, Executive Director Date ATTEST: Susan Maysels, Housing Authority Secretary APPROVED AS TO FORM: M. Katherine Jenson, Housing Authority Counsel Last revised 7-3-12 19 fYy,J ` C 6 /t SUCCESSOR AGENCY TO DISSOLVED LA QUINTA REDEVELOPMENT AGENCY, a public body Frank J. Spevacek, Executive Director Date ATTEST: Susan Maysels, Successor Agency Secretary APPROVED AS TO FORM: M. Katherine Jenson, Successor Agency Counsel CONSULTANT: -lL Mm CA P,-(iJC :-2 30N. MGMILJLFN Title: iE'5 t LEIS _ Date:_ I Z % 4 / l Z. L. t m,i,4d 7-3-12 20 Exhibit A Scope of Services Non -Housing Economic Development— Provide fiscal analysis and projections; real estate analysis; property acquisition/disposition services; due diligence activities related to development proposals/developers; assist with developer negotiations; project proposals and pro -forma analysis/evaluation; assist with developer negotiations and agreement structuring. Affordable Housing — Provide fiscal analysis and projections; real estate analysis; property acquisition/disposition services; assist with structuring and implementing the Housing Authority's affordable housing strategies; project proposal and pro - forma analysis; due diligence activities related to development proposals/developers; assist with developer negotiations and agreement structuring; relocation services as needed. Redevelopment Wind -Down Activities — Assist with redevelopment wind -down activities as needed, including, but not limited to, assistance with Department of Finance -required audits and reports, and property disposition activities. ,r , C 6 G Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.2 of this Agreement, the maximum total compensation to be paid to Consultant under this Agreement for fiscal year 2012-2013 is Fifty -Six Thousand One Hundred Forty Dollars ($55,140) ("Contract Sum"). The Contract Sum shall be paid to Consultant in installment payments made on a monthly basis on a time and materials basis, identified in Consultants Schedule of Compensation attached hereto for the work tasks performed and properly invoiced by Consultant in conformance with Section 2.2 of the Agreement. ANTICIPATED COST FY 2012-2013 TMG proposes to provide the services in the scope on a time and materials basis for a fee not to exceed $55,140 as detailed below. Non -Housing Economic Development Hours Rate Total Principal 85 $165 $14,025 Senior Analyst 100 $110 $11,000 Research Assistant 10 $ 85 $ 850 Total $25,875 Affordable Housing Hours Rate Total Principal 70 $165 $14,025 Senior Analyst 100 $110 $11,000 Research Assistant 20 $ 85 $ 850 Total $24,250 Redevelopment Wind -Down Activities Hours Rate Total Principal 15 $165 $14,025 Senior Analyst 20 $110 $11,000 Research Assistant 4 $ 85 $ 850 Total $ 5,015 Grand Total $55,140 TMG's services will be charged on a time and materials basis per the hourly rate schedule detailed below: Principal $ 165 Senior Associate $ 145 Associate $ 130 Senior Analyst $ 110 Analyst $ 95 Research Assistant $ 85 Technician $ 70. Clerical $ 60 Reimbursable Expenses Cost plus 10% TMG does not charge clients for mileage, parking, standard telephone/fax expenses, general postage or incidental copies. However, we do charge for messenger services, overnight shipping/express mail costs and teleconferencing services. We. also charge for copies of reports, documents, notices, and support materials in excess of five (5) copies. These costs are charged back at the actual expense plus a 10% surcharge. TMG issues monthly invoices payable within 30 days, unless otherwise agreed upon in advance. Invoices identify tasks completed to date, hours expended and the hourly rate. For fiscal year 2013-2014, contract sum will be determined in conjunction with annual strategic planning and budget processes, Consultant and staff shall prepare a work program and budget to be submitted to the City Manager/Executive Director for consideration and incorporation into the draft City, Housing Authority, and Successor Agency Adminstrative budgets. For services directly related to a specific development project/developer, pursuant to an Exclusive Negotiation Agreement, a development deposit will be collected from the developer to cover consultant costs. w_`; 068 Exhibit C Schedule of Performance Consultant shall complete all services identified in the Scope of Services, Exhibit "A" of this Agreement in accordance with the attached Project Schedule, attached hereto and incorporated herein by this reference. All services listed will be performed on an as -needed basis throughout the term of this Professional Services Agreement. Exhibit D Special Requirements None. "' 0 70 ced�p 4 4 a" FA MEETING DATE: January 2, 2013 AGENDA CATEGORY: ITEM TITLE: A Professional SerVIC2S Agreement with BUSINESS SESSION: Gafcon for Real Estate Analysis and Approval of CONSENT CALENDAR: Appropriation STUDY SESSION: PUBLIC HEARING: Approve a Professional Services Agreement with Gafcon for Real Estate Analysis Services, subject to minor modifications by the City Manager and City Attorney, authorize the City Manager to execute the agreement, and approve an appropriation of $35,000 from unallocated General Fund Reserves. EXECUTIVE SUMMARY: To fill the need for specialized real estate analysis services, the City issued a Request for Qualifications in August 2012. Upcoming projects that may require these services include the disposition and development of SilverRock Resort, the Village, and the Highway 111 commercial properties. The Request for Qualifications was circulated to ten firms and the following firms responded: Gafcon, Keyser Marston Associates, Tall Man Group and Tierra West Advisors. The Consultant Selection Committee, consisting of Les Johnson, Planning Director and Debbie Powell, Economic Development/Housing Manager, interviewed these firms, and selected two firms to provide these services: Gafcon due to their specific experience with multi -faceted, large-scale development projects and The Tall Man Group. FISCAL IMPACT: The Professional Services Agreement spans multiple fiscal years, through June 30, 2014. However, the contract amount covers only the remainder of Fiscal Year 2012/2013, and totals $35,000. p. 071 Funds have, not been budgeted for these services in Fiscal Year 2012-2013; therefore an appropriation of $35,000 from General Fund Reserves to account number 101-1003-413.32-07, Consulting Services, is needed. For Fiscal Year 2013/2014, the contract sum will be determined in conjunction with annual strategic planning and budgeting processes. Staff will identify what services may be needed and request a work program and budget. It should be noted that, if the City enters into Exclusive Negotiation Agreements with developers for specific projects, the agreements may contain a provision requiring the developer to cover consulting costs directly related to the developer/project. Should this occur, the City would not incur consulting costs related to these services. BACKGROUND/ANALYSIS: The City is moving forward with various economic development and property disposition activities during the remaining six months of Fiscal Year 2012/13 including the disposition of SilverRock Resort properties, the Village properties, and the Highway 111 commercial property. While the City will be recruiting for a Business Analyst who will have this expertise, the City may require specialized real estate analysis and fiscal analysis services before this position is filled. These services include: real estate proposal and pro -forma analysis/evaluation; due diligence activities related to development proposals/developers; assistance with agreement structuring; and project cash flow analysis/projections. Because of their relevant experience, including previous experience with multi- faceted, large-scale commercial and hospitality projects, the Consultant Selection Committee selected Gafcon to provide real estate and market analysis services. When these services are required, Gafcon will be called upon to analyze real estate pro-formas, conduct developer/end user due diligence activities, and validate market demand for specific uses. Discussions with Gafcon's references indicate that their clients are very satisfied with Gafcon's performance and work products. Staff has negotiated a Professional Services Agreement, which is included as Attachment 1. ALTERNATIVES: The only alternative to the recommended action is to not retain Gafcon at this time. Staff does not recommend this alternative given recent developer interest in SilverRock Resort. These specialized real estate analysis services may be needed this fiscal year as various development entities are interested in engaging the City in property acquisition and development activities. Respectfully submitted, tes son Plai• T•.1 • • Attachment: 1. Professional Services Agreement with Gafcon w 07.3 ATTACHMENT I — PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, a California municipal corporation, and Gafcon, Inc. ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to Real Estate Analysis Services, as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). u_;� 07" 1.5 Care of Work and Standard of Work. a. Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. b. Standard of Work. Consultant acknowledges and understands that the services and work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant's services and work will be held to a heightened standard of quality and workmanship. Consistent with Section 1.4 hereinabove, Consultant represents to City that it holds the necessary skills and abilities to satisfy the heightened standard of work as set forth in this Agreement. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services ("Additional Services") when directed to do so by the Contract Officer. Consultant shall not perform any Additional Services until receiving prior written authorization from the Contract Officer. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforeceable. Failure of Consultant to secure the Contract Manager's written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time due, whether by way of compensation, restitution, quantum meruit, etc. for Additional Services provided without the appropriate authorization from the Contract Manager. Compensation for properly authorized Additional Services shall be made in accordance with Section 2.2 of this Agreement. 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, for Fiscal Year 201212013, Consultant shall be compensated in Last revised 12-11-12 2 "� 075 accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Thirty -Five Thousand Dollars ($35,000) (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. Regardless of the method of compensation set forth in the Schedule of Compensation, Consultant's overall compensation shall not exceed the Contract Sum, except as provided in Section 1.6 of this Agreement, "Additional Services." For fiscal year 2013-2014, contract sum will be determined in conjunction with annual strategic planning and budget processes. Consultant and staff shall prepare a work program and budget to be submitted to the City Manager for consideration and incorporation into the draft City budget. 2.2 Compensation for Additional Services. Additional services approved in advance by the Contract Manager pursuant to Section 1.6 of this Agreement, "Additional Services," shall be paid for in an amount agreed to in writing by both City a nd Consultant in advance of the Additional Services being rendered by Consultant. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer. Any greater amount of compensation for additional services must be approved by the La Quinta City Council. Under no circumstances shall Consultant receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer pursuant to Section 1.6 of this Agreement. 2.3 Method of Billing. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later. than thirty (30) days after invoices are received by the City's Finance Department. n Last revised 12-11-12 3 tJ 076 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit C (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. Extensions to the Schedule of Performance which are determined by the Contract Officer to be justified pursuant to this Section shall not entitle the Consultant to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated in accordance with Sections 8.7 or 8.8 of this Agreement, the term of this agreement shall commence on December 19, 2012, and terminate on June 30, 2014 (initial term). This agreement may be extended for two 12) additional year(s) upon mutual agreement by both parties (extended term). 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. Andrew Regenberg b. Martin Reiner C. Charles Black .,w Last revised 12-11-12 4 �' , 0, I It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be the City Manager or such other person as may be designated by the City Manager. 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. Last revised 12-11-12 5 ` 078 5.0 INSURANCE 5.1 Insurance. Prior to the beginning of and throughout the duration of the Work performed under this Agreement, Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability 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 (on the Commercial General Liability policy only) shall be delivered to and approved by City prior to commencement of the services hereunder. The following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A -:VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Errors and Omissions Liability $1,000,000 (per claim and aggregate) Workers' Compensation (per statutory requirements) Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be „;, Last revised 12-11-12 6 �- 079 primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without 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 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. Last revised 12-11-12 7 M . 1 080 5.3 General Conditions pertaining to provisions of insurance coverac Consultant. Consultant and City agree to the following with respect to insu provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies, Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid Last revised 12-11-12 8 ' " f! 081 by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 9. Consultant agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. . Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 11. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 13. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. Last revised 12-11.12 9 *.. i 082 14. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 16. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 17. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by.any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 18. These insurance requirements are intended to be separate and distinct from any other provision in this agreement and are intended by the parties here to be interpreted as such. 19. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 20. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 10 Last revised 12-11-12 "p" 083 21. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 6.0 INDEMNIFICATION. 6.1 General Indemnification Provision. a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties"), from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Consultant. b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. u.. 084 Last revised 12.11.12 11 6.2 Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. a. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. b. Indemnification Provision for Design Professionals. 1. Applicability of Section 6.2(b). Notwithstanding Section 6.2(a) hereinabove, the following indemnification provision shall apply to Consultants who constitute "design professionals" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and City's agents, officers, officials, employees, representatives, and departments ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant, anyone directly or indirectly employed by them or anyone that they control. Last revised 12-11.12 12 3. Design Professional Defined. As used in this Section 6,2(b), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. 7.0 RECORDS AND REPORTS. 7.1 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. 7.2 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. 7.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by 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. 7.4 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 Last revised 12-11.12 13 -N,. 086 disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 8.0 ENFORCEMENT OF AGREEMENT. 8.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder.so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, 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 8.7. 8.3 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. 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by 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. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and N Last revised 12-11.12 14 087 remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 8.8 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 8.3. 8.8 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 8.2, 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 8.3. 8.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. Last revised 12-11-12 15 -"� 088 9.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 9.1 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. 9.2 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. 9.3 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. 10.0 MISCELLANEOUS PROVISIONS 10.1 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: Frank Spevacek,. City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 Last revised 12-11.12 16 To Consultant: GAFCON, INC. Attention: Paul Najar, General Counsel 600 Wilshire Boulevard Suite 950 Los Angeles, CA 90017 089 10.2 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. 10.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties, 10.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not 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. 10.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, a California municipal corporation Frank J. Spevacek, City Manager Date ATTEST: Susan Maysels, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney 090 Last revised 12-11-12 17 CONSULTANT: Gafcon, Inc. Name: Robin Duveen Title: COO Date: Last revised 12-11.12 18 Exhibit A Scope of Services Non -Housing Economic Development— Provide fiscal analysis and projections; real estate analysis; property acquisition/disposition services; due diligence activities related to development proposals/developers; assist with developer negotiations as needed; project proposals and pro -forma analysis/evaluation; assist with developer negotiations and agreement structuring as required. 09? Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.2 of this Agreement, the maximum total compensation to be paid to Consultant under this Agreement for fiscal year 2012-2013 is Thirty -Five Thousand Dollars ($35,000*) ("Contract Sum"). The Contract Sum shall be paid to Consultant in installment payments made on a monthly basis on a time and materials basis, identified in Consultants Schedule of Compensation attached hereto for the work tasks performed and properly invoiced by Consultant in conformance with Section 2.2 of the Agreement. *Fiscal Year 2012-2013 budget breakdown is as follows: Non -Housing Economic Development , $35,000 For fiscal year 2013-2014, contract sum will be determined in conjunction with annual strategic planning and budget processes. Consultant and staff shall prepare a work program and budget to be submitted, to the City Manager for consideration and incorporation into the draft City budget. For services directly related to a specific development project/developer, pursuant to an Exclusive Negotiation Agreement, a development deposit will be collected from the developer to cover this consultant's costs. ANTICIPATED COST-FY 2012-2013 Project Personnel Hourly Rate Hours Total ,Real Estate Economics Protect Manager/ Senior Financial Consultant Andrew Regenberg $..., 185 100 $18,500 Senior Financial Consultant Martin Reiner .....-_ .--.-._ . ................. .-.....-. - $ 185 14 $ 2,590 _ _ _ .. , .. _ _ Public -Private Partnerships Director -Charles afack _...._-.. $ 275 ............. 50 --... -._ $13,750 Total: 164 $ 34,840 Reimbursable Expenses Cost plus 10% .093 Exhibit C Schedule of Performance Consultant shall complete all services identified in the Scope of Services, Exhibit "A" of this Agreement in accordance with the attached Project Schedule, attached hereto and incorporated herein by this reference. All services listed will be performed on an as -needed basis throughout the term of this Professional Services Agreement. �94 Exhibit D Special Requirements None. "� 095 T-df 4 4 a" ITY A/HA/FA MEETING DATE: January 2, 2013 ITEM TITLE: Apply to the California Office of Traffic and Safety for the Sobriety Checkpoint Grant Program Funding for Fiscal Year 2013/2014 AGENDA CATEGORY: BUSINESS SESSION: r_ CONSENT CALENDAR: / STUDY SESSION: PUBLIC HEARING: Approve the application submission to the California Office of Traffic and Safety for the Sobriety Checkpoint Grant Program Funding for Fiscal Year 2013/2014. EXECUTIVE SUMMARY: The University of California Berkley's Safe Transportation Research and Education Center serves as the grant administrator for the Office of Traffic and Safety (OTS) Sobriety Checkpoint Grant Program funding for Fiscal Year 2013-2014. If awarded, the City will use this funding to conduct sobriety checkpoints in the City. FISCAL IMPACT: This grant funding is for Fiscal Year 2013/2014. OTS funding is continued program funding and is appropriated once the grant is awarded to the City. The City will not undertake the activities funded through the OTS grant unless it is awarded these grant funds. BACKGROUND/ANALYSIS: The OTS, through the National Highway Traffic Safety Administration (NHTSA), funds sobriety checkpoints throughout California. The goal is to reduce the number of injuries and deaths due to alcohol -involved accidents. OTS awards grants on a competitive basis using several criteria including performance on previous grants, the number of alcohol - involved fatalities and injuries, and the amount of requested funding. �� 096 Highly publicized enforcements during the NHTSA-specified Winter Holiday and Labor Day Mobilization periods are a priority for OTS and NHTSA. The Winter Holiday Mobilization period is December 13, 2013 through January 1, 2014, and the Labor Day Mobilization period is August 15 through September 1, 2014. Checkpoints are placed in locations that have the greatest opportunity for achieving drunk and drugged driving deterrence and provide the greatest safety for officers and the public. The La Quinta Police Department Traffic Unit conducted a DUI/Driver's License checkpoint on December 22nd, at Washington Street and Avenue 48 between the hours of 7:00 p.m. and 3:00 a.m. Results are noted below. • 981 Vehicles Screened • 2 DUI -Alcohol suspects arrested • 7 Drivers cited/arrested for operating a vehicle unlicensed or while suspended/revoked • 16 Citations issued The La Quinta Police Department Traffic Unit conducted a DUI/Driver's License checkpoint on December 15th, at Highway 111 and Adams Street between the hours of 7:00 p.m. and 3:00 a.m. Results are noted below. • 708 Vehicles screened • 4 DUI -Alcohol suspects arrested • 4 Drivers cited/arrested for operating a vehicle unlicensed or while suspended/revoked • 1 Arrested on other criminal charges • 9 Citations issued An additional DUI checkpoint will be conducted on December 29, 2012 at an undisclosed location within the city limits between the hours of 7:00 p.m. to 3:00 a.m. This is continued program funding and the deadline to apply is January 15, 2013. ALTERNATIVES: There are no alternatives to the recommended action. Management Analyst J 09� Tar 4 1wR" IT / SA / HA / FA MEETING DATE: January 2, 2013 ITEM TITLE: Demand Register Dated January 2, 2013 RECOMMENDED ACTION: Approve Demand Register Dated January 2, 2013 EXECUTIVE SUMMARY: None. FISCAL IMPACT: AGENDA CATEGORY: BUSINESS SESSION: Q_ CONSENT CALENDAR: O STUDY SESSION: PUBLIC HEARING: Demand of Cash City $2,571,024.25 Demand of Cash -Successor Agency of RDA $58,324.50 Demand of Cash — HA $0.00 Demand of Cash — HA Comm $0.00 BACKGROUND/ANALYSIS: Between City Council meetings, there is a need to pay some routine bills in order to avoid late fees being charged to the City, as well as payroll and related payroll taxes. These items are listed below: Prepaid Warrants: 98117 - 98133) $63,543.22 98134 - 98150) $65,349.80 Voids} $0.00 Wire Transfers} $902,023.17 P/R 36723 — 36759) $270,134.20 P/R Tax Transfers} $80,664.62 •4Y �.. 098 Payable Warrants Cont 98151-982471 $1,247,633.74 52.629.348.75 In addition, listed below are the most significant expenditures being paid on the regular demand register. Significant Expenditures: Vendor: Account #: Amount: Purpose: Tylin International 401-1762-551.34-04 $108,492.11 Adams Bridge Proj. Riverside Co Sheriff Various Accounts $844,677.02 Police Svc 9/20-10/17 Economic Dev 101-3006-451.32-15 $87,500.00 Museum Operations Rutan & Tucker Various Accounts $42,930.26 Nov Legal Services ALTERNATIVES: None Respectfully submitted, 20 f3.•+/'c�i Robbeyn i d, Finance Director +.� Ogg CITY OF LA QUINTA BANK TRANSACTIONS 12/12/12 - 12/26/12 12/10/12 WIRE TRANSFER - CD PURCHASE 12/19/12 WIRE TRANSFER - CD PURCHASE 12/19/12 WIRE TRANSFER - LANDMARK 12/21/12 WIRE TRANSFER - ICMA 12/21/12 WIRE TRANSFER - LQCEA 12/24/12 WIRE TRANSFER - PERS $240,000.00 $480,000.00 $116,209.04 $8,423.16 $370.50 $57,020.47 TOTAL WIRE TRANSFER OUT $902,023.17 A�r� . 100 .1bn oM O n m P N b o P o M I UQ 1 r b O b M P m P O O I xo 1 m In m m r b o N N W I U F; M r N N b N N o d S 1 i n N N w z o2 w WW I W 1' I ao 1 a I (0 W IHzI ZC Z. z OI S W I p 16K I OO OMr nOOMeOm.lQm PP NN oHbr-IePmm�tOONb .ynNo PP o0 U I WU I nr OMb . POOrOmVmrO bb MM MM�}OmN O�tOmrIl1HP mOPm PP Oo . 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M vJ 1 p 0 1 b N b M N \ S W I Z 2 1 N U Q 3 1 W J 1 > p • 1 W=LLp 1 1 b n m P O 1'600 1 N N N N M M M M �LLWYYIU m m m m m m m m W O f Z I W 0 1 P P P P P P P P rc z..alxzl a LLUm1U 1 Page 1 of 1 Sandra Mancilla From: John Falconer Sent: Wednesday, October 27, 2010 8:12 AM To: Louise West; Sandra Mancilla Subject: Demand Register Support Attachments: image001.png; oledata.mso Dear All In reviewing the Demand Register it appears that two documents are included in the report — Accounts Payable Listing and the Expenditure Approval Listing. Effective with the November 16, 2010 demand report please include only the Expenditure Approval Listing and discontinue the Accounts Payable Listing. Thank you John M Falconer Finance Director City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 (760)777-7150 103 10/27/2010 b m 1 N pp M I O.C. N , W O. O . f:J N U 0W � !- r rr .y N M to b A Q q A N b a x oz oz N 1 1 (Y WW OL 1 ao d toz W . . ZLr 1 Z" , .. .tea, ,. 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U 1NN NN vv Q 1 Z I-1 1 NN NN Ill tl1 1 6O I I f + + I H LL I 'I rl I w O I Ix W W I I LL' W I Z I v I 1 1 1 1 ' o e e � 1 s 1 w v o w 1 S Z I M .•I N Z O 1 1 I U I N ea O Y I U I O o 0 Z a 1 0 0 0 m .1 N .•1 } O o 0 m .+ If1 .•I � 1 W 1 1 f• 1 N I M 1 (7 1 W 1 N N N O O O Y I N N N U I W I \ \ \ W I H I b b b U I q I \ \ \ N N N J 1 m 1 a 1 1 1 0 Q 1 a -z a ILL 1 � N � f Z I W Il1 b If1 � I W M P M O 2 uz 1 O P O u I1 ..I o .. u I p I o 0 0 a t o I o e e 1 > 1 I W I M F tr Ill W � 0 1 �t o r s 1 a I 1 z 1 1 o a 1 1 fl N Cr I o= I W OYIZa0I a v LL Z I W Z I U J w Q I > Ce b Jm I I W X o uo� x z n N +CC I 3 X r ..I a Q 1 N J Z O ICI Ill NMOJ I I M ICI \ S W I ZZ I N (9631'W Li WLLLO I I W b r 1 [�9YY I U 1 m m m W l[CW ".c I W O I P P P 1 2 2 1 a aum lu 1 �,.;' 113 CITY / SA / HA / FA MEETING DATE: January 2, 2013 ITEM TITLE: Service Delivery Options Report RECOMMENDED ACTION: Approve the following: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: 1. A new organization plan that reduces City's work force and combines the Building and Safety and Planning Departments; 2. A reduction in work force; 3. New job classifications for Assistant Civil Engineer, Assistant to the City Manager, Building Official/Emergency Manager, Business Analyst, Deputy City Clerk and Housing Coordinator; and 4. A revised salary schedule. EXECUTIVE SUMMARY: Since May 2012, the City has been reviewing options to achieve a balanced budget. The Fiscal Year 2012/2013 budget projects an operating deficit of $2,187,759. This deficit will be funded from Reserves; however, pending State actions related to eliminating redevelopment agencies could result in the State seizing $41,000,000 of the City's $60,000,000 of spendable Reserves. The elimination of redevelopment has also decimated the City's Capital Improvement Program (CIP). The current year CIP is $91,081,089; by Fiscal Year 2014/2015 the CIP will be reduced to $1,294,887, a 98.6% reduction. In order to deal with these and other financial realities, the City must implement measures to both eliminate the operating budget deficit and generate additional revenue to fund the CIP. °M� 114 Since June 2012, the Executive Team (Department Directors, Human Resources/General Services Manager and City Manager) have been exploring options to eliminate the operating budget deficit. Through this process, the Executive Team developed a new organizational structure that reduces the City's work force by 21 %, from the current 87 positions to a proposed 69 positions. This proposal would eliminate 22 positions and would create 4 new positions, which would be filled by March 1, 2013. At the same time, the City would recruit and fill the currently vacant Deputy City Clerk position. The annual operating budget savings resulting from this proposal is $1,800,000. As part of the service delivery review, the Executive Team identified a number of initiatives that would streamline City operations, improve operational efficiencies and improve City services. Specific initiatives include: establishing a development and building permit processing center and increasing over-the-counter permit approvals; establishing a community oriented code compliance program wherein the City's code enforcement efforts would involve and work with the community through outreach programs; employing more technology through strategic investments to acquire financial management software, permit and agenda processing systems, and the hardware to support said systems; and staff training in analytical thinking, strategic planning, communications, and project management. This effort has identified measures to reduce operations costs and strategic investments to improve operational efficiencies. While much work has been done to generate this proposal, the greater work effort lies ahead in implementing the department specific initiatives. FISCAL IMPACT: The work force reduction will lower annual operating costs by $1,800,000; when combined with City employees funding their share of PERS retirement, the total operating cost reductions will be $2,170,000. The severance package and potential unemployment insurance would cost the City $157,277. While reducing costs, the Executive Team projects that up to $1,500,000 must be invested during the next 24 to 36 months in technology and software improvements, building space improvements, and staff training. Specific investment proposals would be included in the Fiscal Year 2013/2014 budget. BACKGROUND/ANALYSIS: When adopting the Fiscal Year 2012/2013 budget, the City Council agreed to use up to $2,187,759 in Reserves to fund an operating budget deficit. As part of these activities, the City Council reviewed additional City department specific proposals to achieve up to $1,500,000 of cost reductions. When the permanent City Manager 115 started in June 2012, discussions commenced regarding these proposals and in particular what services should the City provide and what resources are necessary to provide said services. A management consulting firm was retained in August 2012 (who worked for the City on prior organization issues since January 2010) who then worked with the Executive Team to review each department's services and the business practices associated with each service. The goals that guided the Executive Team were to: • Maintain or enhance service delivery • Eliminate the operating budget structural deficit • Generate excess General Fund revenue to fund a capital improvement program • Identify strategic organization investment opportunities • Establish process improvement initiatives for each department. The service level priorities that guided the Executive Team were: • Customer service oriented staff • Efficient city management • Trained City personnel • Conservative financial management • Pro -active, community oriented code compliance • Pro -active animal control response • High -quality roadways, medians, parks and open spaces • Immaculate public facilities • Varied/quality recreation services. Organizational Changes The primary outcome of this effort is a new organization structure. The Executive Team is recommending resetting the organization and reducing the City's work force by 21 %, from the current 87 positions to a proposed 69 positions. Implementing this proposal requires the elimination of 22 positions, and the creation and filling of 4 new positions. At the same time, the City would recruit and fill the currently vacant Deputy City Clerk position. The annual operating budget savings resulting from this proposal is $1,800,000. Attachment 1 presents the current organization structure and staffing levels; Attachment 2 presents the proposed organization structure and staffing levels. The recommended changes, by department, are summarized below: City Manager's Office • Reduce existing staffing levels by 6 positions - Marketing/Economic Development Manager, Economic Development/Housing Manager, Management Analyst, Management Assistants (2), and Executive Assistant ,•M, 116 • Create two new positions - Assistant to the City Manager and Business Analyst • Establish a business analysis unit comprised of the Assistant to the City Manager, Business Analyst and Information Services Analyst • Transfer city marketing to Community Services • Transfer housing and economic development services to the new Community Development Department • Move Information Technology services from Finance to the City Manager's Office • Assume contract management of the Fire and waste management services contracts. Finance Department • No staffing. changes. City Clerk's Office • Reduce existing staffing levels by 1 position - Office Assistant. Community Services • Reduce existing staffing by 1 position - Office Assistant • Voluntary departure - Recreation Supervisor (to be filled) • Assume responsibility for all facility maintenance and move the Facilities Maintenance Coordinator and Facility Maintenance Worker positions from the former Building and Safety Department to the Community Services Department • Assume city marketing from the City Manager's Office. Community Development • Merge the Planning Department and the Building and Safety Department • Reduce existing Planning staff levels by 3 positions - Executive Secretary, Principal Planner and Assistant Planner • Create 1 new position - Housing Coordinator • Assume affordable housing monitoring/development and economic development services from the City Manager's Office • Reduce the existing Building and Safety staffing by 8 positions - Office Assistant, Counter Technician, Community Safety Manager, Emergency Services Coordinator, Code Compliance Officer I, Code Compliance Officer II (2), Animal Control Officer II • Reclassify the Building and Safety Director position to Building Official/Emergency Manager _��.. 117 • Establish a permit processing center that merges planning, building and public works permit processes (except for right-of-way encroachment permits, which would remain in Public Works) • Establish a community oriented code compliance orientation • Transfer facility maintenance services to Community Services. Public Works • Reduce staffing levels by 4 positions - Assistant Engineer II (2), Associate Engineer and Maintenance Foreman • Create 2 new positions - Assistant Civil Engineer, part-time Office Clerk • Transfer Public Works Counter Technician to the Community Development Department • Assume north La Quinta street sweeping • Reduce residential street sweeping to every other week. Work Force Reduction Of the 22 positions that are impacted by the work force reduction, the staff in 4 of these positions will be retiring and the remaining 18 staff members would be laid off. The employees impacted by the lay off do have the first right to be re -hired by the City for up to a 2 year period. Also, some of those impacted do have skills that would qualify them to compete for the 6 positions that the City would be seeking to fill by March 1, 2013. If this proposal is adopted by the City Council, those who would be laid off would receive notice on January 3, 2013. Per the City's Personnel Polices and Procedures, the City must provide at least 2 weeks written notice. As such, the lay off would be effective on January 17, 2013, which would be the last day of employment for those who would be laid off. Severance Package The Executive Team crafted a severance package to assist those who would be leaving the City. This package was offered to all employees who would voluntarily leave the City, or whose position would be eliminated due to the work force reduction. The severance package encompasses the following: • One week of salary (at the employees current step or salary level) for each year of service with the City, with a minimum of 8 weeks salary for those employees who are with the City for less than 7.5 years and would be laid off (13 employees fall into this category). • A flat $4,000 per employee (voluntary departure, early retirement or lay off) to fund health care costs. • Out placement services including career coaching, resume writing and job interview assistance. Staff projects that the severance package would cost the City $407,107. In addition, the City may incur costs related to State unemployment insurance; the projected cost is $450,000 (this cost assumes that all 22 employees would receive unemployment insurance benefits for the allowed period; the City's actual cost would be less since some employees may elect to retire, and other employees may find employment either by filling the City's new positions or positions elsewhere). However, the City would not pay $699,830 in salary and benefit costs due to the work force reduction. The net cost to the City for the severance package and unemployment insurance expenses would be $157,277. New Positions/Recruitment Five new positions would be established. Four of the 5 would be vacant; the fifth position is the Building Official/Emergency Manager which would be occupied by the current Building and Safety Director. Attachment 3 to this report contains the job descriptions for these positions, and a revised job description for the Deputy City Clerk position. These job descriptions were developed by reviewing comparable public and private sector positions, and salary schedules (Attachment 4 presents the salary schedules): The City would initiate recruitment activities on January 3, 2013. The schedule would be as follows: • Housing Coordinator - Open: January 3 Close: January 10 • Deputy City Clerk - Open: January 3 Close: January 24 • Assistant Civil Engineer - Open: January 3 Close: January 24 • Recreation Supervisor - Open: January 10 Close: January 17 • Assistant to the City Manager - Open: January 10 Close: February 7 • Business Analyst - Open: January 10 Close: February 7. Due to pending housing initiatives, the Housing Coordinator and Recreation Supervisor positions will be an internal recruitment and on a limited time schedule. The City needs to fill these positions in short order and there are staff that are impacted by the work force reduction that have the skills needed for this position. Internal and external recruitment would be conducted for the remaining 4 positions. La Quinta City Employees' Association Association representatives and Executive Team members have been meeting since November 2012 to discuss this proposal. The Executive Team is conducting these meetings because it is the right thing to do, and they are required by the City's N..) 119 Personnel Policies and Procedures. The Association representatives have expressed an understanding of the need to reset the organization so that current expenses and revenues align. Their prime focus is on how those who would be laid off are treated, the rationale for eliminating the selected positions, how the work load will be distributed among those who remain, the job descriptions associated with the new positions, and the opportunities for those laid off to be placed in the new positions. In addition to these meetings, the City Manager has held a series of meetings involving all City staff to apprise them of the Executive Team's and the City Council's activities. These meetings commenced in August 2012, and have been held monthly. Going Forward Initiatives The Executive Team has had to face difficult choices and make difficult decisions. No one relishes having to inform 22 people that while their job performance has not been an issue, financial realities dictate the need for the City to align expenses with revenue. In taking on this task, the overall mission is to bring City operations into the '21' century. The stark reality the City faces is that we must do more with less. Another reality is that the City, unlike a private corporation, cannot go out of business. Through incorporation, a platform was created upon which individuals, families and businesses have established themselves; they will remain and they have elected to incorporate a city so that they may enjoy facilities and services that meet their needs. Recognizing the City's purpose, the Executive Team is committed to implement a number of initiatives to create the city government of the 2151 century, and to insure that the City of La Quinta provides services that exceed resident expectations. These specific initiatives that the Executive Team would be implementing as part of this proposal are: City Manager's Office • Foster and promote an entrepreneurial culture, facilitate risk taking and establish an environment that rewards success and identifies lessons learned from failure. • Establish a business unit that provides services to all City departments with a focus on financial analysis, long term trend and market forecasts, long-term revenue and expenditure projections, communication, and special assignments/projects as needed. • Revise and update all classifications and salary schedules. • Establish and invest in employee training modules using both in-house and external resources. • Create new employee performance evaluation criteria and processes. • Purchase and implement new information technology systems, hardware and applications, and prioritize the needs for advanced technology. 120 Finance Department • Implement new financial reporting and budget documents that are user friendly and present information in an easy to understand manner. • Implement a new financial software system that all City staff may use, is user friendly, and provides more transparency. • Automate additional financial systems as the financial software is operative. City Clerk • Identify and implement a new agenda management process that reduces the time and effort associated with all City Council, Board and Commission agendas and embraces electronic agendas and agenda packages. • Elevate City records management to a priority and implement a comprehensive records management system. • Digitize all permanent City records dating back to incorporation. Community Services • Implement a preventative maintenance plan to schedule large scale facility repairs and replacements. • Identify new marketing initiatives, and the means to measure the effectiveness of current and future City marketing initiatives, and contract marketing service effectiveness. • Establish a pro -active community outreach that promotes more transparency. • Establish the community as a health and wellness mecca, and realign City recreation facilities to foster and promote health and wellness activities. Community Development • Establish a permit processing center: o Customer service will be the top priority o Achieve "over the counter" permit issuance for a majority of permits o Project tracking system for developers and staff's use. • Code compliance initiatives: o Comprehensive review of enforcement priorities. o Revise Municipal Code as needed o Amend approach to enforcement o Proactively educate public on purpose and importance of Code Compliance o Respond to genuine concerns of citizens 121 o Build relationships o Enlist the community's assistance to maintain La Quinta as Gem of the Desert o New, interactive, online program for reporting problems o Partner with community to achieve compliance. • Animal Control initiatives o Partner with Police to reduce number of after-hours callouts o Increase education efforts for responsible pet ownership o Sponsor additional low-cost rabies, licensing clinics. Public Works • Implement the GoRequest smart phone and web based citizen request system. • Adjust street sweeping schedules and activities to achieve cost savings while maintain service levels. • Explore resource sharing between neighboring cities involving traffic signal maintenance, landscape maintenance, slurry seal and overlay, and storm drain maintenance. ALTERNATIVES: The Executive Team approached this task from the standpoint of if the City was to align expenditures with revenues, and if the City elected to maintain if not enhance services, then what staff and associated resources are required? To achieve these objectives, the Executive Team formulated the proposal that is before the Council for consideration. We do not have alternatives to recommend, but welcome City Council direction regarding recommended alternatives. Respectfully submitted, 2. 3. 4. Janization chart Proposed organization chart Job descriptions Salary schedule 122 g --- 12O m 04 -1 2-4-� ATTACHMENT 3 BUILDING OFFICIAL/EMERGENCY MANAGER GENERAL STATEMENT OF JOB Under the general supervision of the Director of Community Development, plans, organizes, directs, reviews and supervises comprehensive municipal building and safety inspections, permitting and emergency services functions; develops training and exercises for City employees in preparation of a disaster response; oversees operating procedures of a fully functional Emergency Operations Center (EOC) and for the ongoing maintenance of the EOC. DISTINGUISHING CHARACTERISTICS This job class functions at a manager level. Employees in this classification follow a framework of policies and objectives. This job class supervises building, inspection, and permitting staff. Employees must possess thorough knowledge of current federal, state, county and city laws, codes, and ordinances related to building construction and structural requirements. REPORTS TO: Community Development Director ESSENTIAL FUNCTIONS The following duties are normal for this position. These are not to be construed as exclusive or all-inclusive. Other duties may be required and assigned. Building Official Duties: ➢ Assigns and supervises the work performed by the plan check, inspection and permitting staff; ➢ Participates in the development and implementation of goals, objectives, policies and procedures for the Department; ➢ Supervises staff of assigned units, including instructing, recruiting, selecting, and allocating employees, reviewing and planning work, maintaining standards, coordinating activities, and transferring or promoting employees; recommends salary increases and discipline; writes performance appraisals; ➢ Reviews building and construction plans for proper design and compliance with applicable codes and ordinances; ➢ Coordinates with other City departments as necessary to obtain final approvals, clarifications, status of the job, or requirements relating to construction in progress; ➢ Approves and certifies final inspections; ➢ Acts as an information source for contractors, developers, Realtors and homeowners; ➢ Investigates complaints and potential violations of building codes and/or hazards; issues notices of non-compliance regarding code requirements; ➢ Assists in developing and monitoring the Department budget; 115 u. ➢ Performs non-structural plan checking; coordinates structural plan check activities; ➢ Oversees and coordinates the activities of building and permitting staff, and emergency services; ➢ Recommends changes to the Municipal Code as necessary; ➢ Attends City Council meetings; appears before public and private agencies to present and discuss building policies; ➢ Performs various related essential duties as required. Emergency Manager Duties: ➢ Coordinates all Emergency Services activities and maintains records and liaison with other City departments and with affected public and private agencies; ➢ Administers all contracts with the County disaster preparedness and other activities related to emergency services; Evaluates and makes recommendations regarding services received from agencies; ➢ Updates and maintains both the Code Red emergency communication system and tracks citywide training necessary for FEMA reimbursement; ➢ Coordinates and maintains emergency communication equipment and accounts (radios, antennas, satellite phones, satellite Internet, cable Internet, etc.); ➢ Serves as the City's liaison on emergency preparedness issues with the United States Federal Emergency Management Agency (FEMA), the California Emergency Management Agency (Cal EMA), Riverside County Department of Emergency Management, and other local municipalities and aid organizations; ➢ Serves as City's designated Terrorism Liaison Officer (TLO), required for grant funding eligibility; ➢ Coordinates periodic first aid, CPR, and AED training for designated City staff and volunteers; ➢ Reviews and updates existing Multi -Hazard Plan and other emergency plans in accordance with federal, state, and county requirements; ➢ Responsible for updating EOP Manual; securing various Memoranda of Understanding and vendor agreements for stocking and replacing emergency supplies, materials, and resources; and keeping the City's Resource Guide current; ➢ Develops cost estimates and makes budget projections; ➢ Coordinates and arranges federally- and state -mandated disaster preparedness employee training and ensures compliance with the National Incident Management System (NIMS); ➢ Develops and schedules periodic emergency operation drills to prepare City employees to respond quickly and effectively to emergencies; ➢ Conducts analyses of potential hazards in the community and develops corresponding action plans; ➢ Provides current and ongoing disaster preparedness information and training to City employees, schools, and community organizations. ➢ Maintains records, develops and prepares detailed reports, and documents; V4. ) --I 6 ➢ Directs and supervises the Citizen Emergency Response Team (CERT) Volunteers to involve the community in training exercises and emergency relief efforts; ➢ Coordinates emergency preparedness public education programs; coordinates with RACES (Radio Amateur Civil Emergency Services)/ARES (Amateur Radio Emergency Services); provides emergency preparedness presentations for organizations and safety fairs; ➢ Coordinates and hosts local RACES/ARES and CERT monthly meetings; ➢ Maintains readiness of Mobile Emergency Command Vehicle, CERT trailer and fuel trailer; ➢ Represents the City on various internal and external task forces and committees; ➢ Researches, prepares, and monitors grant applications and reporting. ➢ Develops emergency plans to address needs of special groups (e.g. elderly, disabled, animals, etc.); ➢ Develops interdepartmental training and simulations on emergency management topics, ensuring state -mandated training requirements are met and documented; ➢ Drafts emergency management -related ordinances and resolutions for adoption by the City Council after review and approval by supervisor; ➢ Other duties as assigned. MINIMUM TRAINING AND EXPERIENCE A Bachelor's degree is required from an accredited college or university with major course work in Planning, Public Administration, Business Administration, Engineering, or a closely related field; at least four years of progressively responsible experience in reviewing or inspecting commercial, industrial and residential buildings or related fields, including at least two years of supervisory experience; ; and three years of administrative experience in designing, developing, and implementing public safety and emergency management programs; or any equivalent combination of training and experience which provides the required skills, knowledge and abilities. Required Licenses and Certification ✓ Requires a valid Class C California Driver's License ✓ Requires certification as a Building Inspector from the International Conference of Building Officials ✓ A Certificate in Emergency Management (CEM), or its equivalent, issued by the International Association of Emergency Managers (IAEM) or a comparable recognized management association is highly desirable. KNOWLEDGE AND ABILITIES REQUIRED TO PERFORM ESSENTIAL JOB FUNCTIONS Knowledge of: • proper principles, methods, techniques and practices of building inspection; �. ; 127 • federal, state, county, and City building and zoning codes and related laws and ordinances; • Modern methods of construction, acceptable safety standards, public health administration and disaster preparedness; • Principles of planning, developing, coordinating, and organizing emergency management services; • Interrelationships, responsibilities, goals and functions of local, state, and federal government in planning and implementing emergency services; • Geographic and demographic characteristics of Southern California and in particular, the Coachella Valley; • Organization and implementation of the National Incident Management System (NIMS); • Operational Area Satellite Information System (OASIS), Standardized Emergency Management System (SEMS) and California's Response Information Management System (RIMS); • Contract administration and service evaluation; • Budget preparation and administration; • Principles and techniques of supervision; • Organizational structure of the city and city services as they relate to building and safety. Physical Requirements: • Ability to operate a variety of tools, equipment and vehicles, including adding machine, personal computer, copier, and fax; • Ability to coordinate eyes, hands and fingers in performing skilled tasks including driving; • Ability to exert light physical effort in sedentary to light work involving sitting most of the time, but may involve walking or standing for brief periods of time. Supervisorial Responsibilities: • Ability to assign, review, plan and coordinate the work of other employees; • Ability to provide instruction and guidance to staff; and promote staff development and motivation; and analyze problems that arise in the areas under supervision and recommend solutions; • Ability to recommend the discipline or discharge of staff, approve transfers or promotion of employees; • Ability to assess the work of employees and write performance appraisals. Mathematical Ability: • Ability to compute and use fractions and decimals; • Ability to compute and apply calculations involving formulas and variables. Judgment and Situational Reasoning Ability: • Ability to apply concepts of rational thinking in interpretation and application of municipal code on a case by case basis; • Ability to apply concepts of rational thinking in budgeting; .128 • Ability to apply principles of synthesis functions in long-range planning; • Ability to apply principles of influence systems, i.e. supervision; • Ability to use independent judgment in sometimes non -routine situations, such as interpreting and enforcing complex building codes; • Ability to quickly and effectively anticipate, analyze, and evaluate potential disaster problems. Language Ability and Interpersonal Communication: • Ability to comprehend and correctly use a variety of informational documents including invoices, building, incident and soils reports; • Ability to prepare agenda reports, annual and mid -year budgets, agreements, specifications, letters of correspondence and performance reviews using prescribed format and conforming to all rules of punctuation, grammar, diction and style; • Ability to comprehend a variety of reference books and manuals including city Municipal Code, architectural plans, personnel manual, business and professionals code and contractors licensing code; • Ability to communicate and maintain effective working relationships with local residents, architects/engineers, City safety personnel, coworkers, City Manager, contractors, consultants and other City personnel verbally and in writing; • Ability to prepare and present accurate, concise reports to Commissions and the City Council. Environmental Adaptability: • Ability to work in an office environment. The City of La Quinta is an Equal Opportunity Employer. In compliance with the Americans With Disabilities Act, La Quinta will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective employees and incumbents to discuss potential accommodations with the employer. January 2013 " - 129 THE CITY OF LA QUINTA DEPUTY CITY CLERK GENERAL STATEMENT OF JOB Under general supervision, performs a wide variety of complex clerical tasks and related work in support of the City Clerk's Department. DISTINGUISHING CHARACTERISTICS Employees in this class primarily perform more complex clerical functions such as taking meeting minutes, managing the citywide records program, managing all public record requests, recording legal documents, processing all city contracts and assisting the City Clerk with statutory election duties.. This job class requires accuracy and attention to detail in performance of clerical work, professional judgment, ability to master various computer software programs and ability to perform a variety of tasks in an independent manner. REPORTS TO: City Clerk. ESSENTIAL FUNCTIONS The following duties are normal for this position. These are not to be construed as exclusive or all-inclusive. Other duties may be required and assigned. ➢ Performs the duplication and distribution of Council Agenda packets; ➢ Coordinates follow-up records approved at City Council meetings including resolutions, ordinances, agreements and recorded documents; ➢ Transcribes minutes, prepares action agenda and planning guide; ➢ Conducts research and writes staff reports; ➢ Acts as a Notary Public for City documents; ➢ Acts as administrator for some Clerk Department software/programs; ➢ Maintains Political Reform Act indices; ➢ Maintains the city's Municipal Code; ➢ Coordinates claims processing, subpoenas and summons; ➢ Completes requests for public records; ➢ Prepares and inputs documents into the imaging system; ➢ Tracks logs such as Subdivision Agreement Bonds, city vehicle titles, affordable housing database; ➢ Acts as Deputy Registrar of Voters, and Deputy Records Manager; ➢ Performs City Clerk duties in Clerk's absence, including attending City Council meetings; ➢ Performs various related essential duties as required. MARGINAL FUNCTIONS ➢ Prepares the Council Chambers for meetings; ➢ Posts the City Council and various Agency agendas; ➢ Processes incoming and outgoing city hall mail; ➢ Performs quality control of electronic document scanning; .130 1� ➢ Provides occasional coverage for receptionist. MINIMUM TRAINING AND EXPERIENCE High school graduation or equivalent; at least four years of increasingly responsible clerical experience, including at least one year in municipal government; experience in a city clerk's office is desirable; or any equivalent combination of training and experience which provides the required skills, knowledge and abilities. Required Licenses and Certification Must be able to obtain Notary Public certification within six months of appointment. KNOWLEDGE AND ABILITIES REQUIRED TO PERFORM ESSENTIAL JOB FUNCTIONS Knowledge of:. • Municipal operations and records management; • Research and report writing skills; • Receptionist techniques and communication skills; • Proficient use of standard office equipment, computers and software; • Proper English usage, grammar, punctuation and legible handwriting; • Practices, procedures, and activities of an office including filing and typing; • General office operations, functions, and procedures. Physical Requirements: • Ability to operate a variety of automated office machines; • Ability to coordinate eyes, hands and fingers in performing semi -skilled tasks including typing at 55 net words per minute from clear copy (55 net wpm preferred; 39 net wpm minimum), word processing and transcribing meeting minutes; • Ability to exert light physical effort in sedentary to light work involving sitting most of the time, but may involve walking or moving from one area of the office to another, and standing for brief periods of time; • Ability to exert a negligible amount of force frequently to lift, carry, push, pull, or otherwise move objects. Mathematical Ability: • Ability to add, subtract, multiply and divide. Judgment and Situational Reasoning Ability: • Ability to apply common sense understanding to perform tasks such as evaluating contract completeness, interpreting state and municipal code, and setting up filing systems; • Ability to use independent judgment in fairly routine situations, such as examining documents to be notarized, determining responsiveness to public record requests and training city staff in record management techniques. City of La Quinta: Deputy.Gity Clerk "� 31 Language Ability and Interpersonal Communication: • Ability to comprehend and correctly use a variety of informational documents including agenda reports and meeting minutes; • Ability to comprehend a variety of reference books and manuals; • Ability to communicate effectively with coworkers, supervisor, members of the public, and other City personnel verbally and in writing. Environmental Adaptability: • Ability to work in an office environment. The City of La Quinta is an Equal Opportunity Employer. In compliance with the Americans With Disabilities Act, La Quinta will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective employees and incumbents to discuss potential accommodations with the employer. December 2012 i39 City of La Quinta: Deputy City Clerk THE CITY OF LA OUINTA HOUSING COORDINATOR GENERAL STATEMENT OF JOB Under general direction of the Community Development Director, or his/her designee, coordinates the City's low and moderate income affordable housing program, including housing grant and loan processing and tracking; assists department management staff in representing the City to a variety of public, private, and community organizations and regulatory agencies, provides information to the public about program policies, procedures, and guidelines; assembles all necessary paperwork and documentation for program applications and acquisition and disposition of real estate, participates in the budget process, and is responsible for insuring compliance with contracts, agreements and housing program policies; will perform technical and specialized tasks, including preparation and presentation of staff reports and analysis, and providing information and assistance to the public regarding assigned programs and services. Performs related work as required. REPORTS TO Community Development Director or his/her designee. ESSENTIAL FUNCTIONS The following duties are normal for this position. These are not to be construed as exclusive or all-inclusive. Other duties may be required and assigned. ➢ Prepares comprehensive technical records and analytical reports pertaining to the housing program and other assigned areas; conducts research and comprehensive data collection efforts to support analysis; ➢ Performs administrative work in planning, analysis, and implementation of specific housing program directives; ➢ Prepares and monitors housing program schedules and budgets, and oversees and coordinates the day-to-day operations of the program; ➢ Ensures compliance with local, State and Federal regulations; assists in review of new state and federal legislation; makes and justifies recommendations; ➢ Receives, develops and evaluates housing program applications; maintains applicable eligibility or notification lists; coordinates new contract requests including inspection, rent negotiation, and post -occupancy inspections as requested by tenants; ➢ Maintains all records of the housing program and services; ➢ Coordinates, reviews, and evaluates work of third -party contractors, including, but not limited to, property management firms and maintenance and/or repair contractors; ➢ Prepares written materials including, but not limited to, informational handouts and brochures, leases, maps, progress reports, and agenda items; ➢ Confers with, and provide professional and technical support to, other City staff and other outside agencies on housing and real estate related issues; �... _ J.3 ➢ Work to serve the interests of a variety of customers including property owners, developers, lenders, appraisers, property managers, tenants, and others regarding housing and real estate related issues; ➢ Maintain cooperative working relationships with state and federal agencies, non-profit organizations, private companies, City staff, community members and others; ➢ May make presentations before the Planning Commission, City Council, real estate related groups, or program applicants as directed; ➢ Performs various related essential duties as required. MINIMUM TRAINING AND EXPERIENCE A Bachelors degree with major course work in public administration, planning, social welfare, business administration or a closely related field and two (2) years' experience in housing or related programs which has included property inspection, report writing, and interaction with a variety of socio-economic groups; or any equivalent combination of training and experience which provides the required skills, knowledge and abilities. Required Licenses and Certification Requires a valid Class C California Drivers License. KNOWLEDGE AND ABILITIES REQUIRED TO PERFORM ESSENTIAL JOB FUNCTIONS Knowledge of: • Principles and practices of public administration, including goal setting, program and budget development and implementation; • Methods of research, program analysis, and report preparation; • Principles and procedures of financial and statistical record keeping and reporting; • Principles and practices of contract preparation and administration; • Modern office procedures, methods and computer equipment; • Pertinent Federal, State and local laws, codes and housing program regulations, including owner and tenant eligibility requirements; • Housing needs and socio-economic issues related to low and moderate income families; • Basic principles of marketing and promotions; • Customer service principles and practices. Physical Requirements: • Ability to operate a variety of automated office machines including a calculator, copier, personal computer, typewriter and fax machine; • Ability to coordinate eyes, hands and fingers in performing semi -skilled tasks including word processing; • Ability to exert negligible physical effort in sedentary to light work involving sitting most of the time, but may involve walking or moving from one area of the office to another, and standing for brief periods of time; City of La Quinta: Housing Coordinator �� 134 • Ability to exert a negligible amount of force frequently to lift, carry, push, pull, or otherwise move objects. Mathematical Ability: • Ability to add, subtract, multiply and divide; • Ability to compute and use fractions and decimals. Judgment and Situational Reasoning Ability: • Ability to apply principles of synthesis functions in assisting in the development of long and short range plans; • Ability to use independent judgment under public scrutiny or on short notice such as when making public presentations or responding to media or public inquiries; • Ability to use sound independent judgment in fairly non -routine situations, such as recognizing scope of authority and maintaining confidentiality when necessary; • Ability to use sound independent judgment within general policy and regulatory guidelines. Language Ability and Interpersonal Communication: • Ability to comprehend and correctly use a variety of informational documents including City and department rules, laws and policies, messages, reports, and meeting minutes; • Ability to prepare letters of correspondence, memos, transmittals, forms, and reports using prescribed format and conforming to all rules of punctuation, grammar, diction and style; • Ability to comprehend a variety of reference books and manuals including dictionary, computer software manuals and phone directory; • Ability to communicate effectively, both in writing and orally; • Ability to maintain effective working relationships with officials, coworkers, supervisor, members of the public, and other City personnel verbally and in writing. Environmental Adaptability: • Ability to work independently; • Ability to work in an office environment. The City of La Quinta is an Equal Opportunity Employer. In compliance with the Americans With Disabilities Act, La Quinta will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective employees and incumbents to discuss potential accommodations with the employer. December 2012 City of La Quints: Housing Coordinator. _• , l _-135 ASSISTANT CIVIL ENGINEER GENERAL STATEMENT OF JOB Under general direction, performs responsible field and office civil engineering work in the planning, professional design, and construction of public works facilities and infrastructure, and performs other related work as required. DISTINGUISHING CHARACTERISTICS This is the entry level class in the Engineering Group and is distinguished from the Associate Engineer by less complex work assignments and the absence of supervisory responsibilities. REPORTS TO: Public Works Director/City Engineer or designee. ESSENTIAL FUNCTIONS The following duties are normal for this position. These are not to be construed as exclusive or all-inclusive. Other duties may be required and assigned. • Plans, performs and checks the design and preparation of drawings, specifications and estimates in connection with the construction and maintenance of a variety of engineering projects • Reviews development projects, including plans, maps and supporting documents; establishes conditions for improvement including off -site improvements and financial obligations • Ensures pre -design work is completed including utility locations, existing site conditions, surveys, topographical work and soils investigations • May assign the work of field and office personnel in obtaining engineering data needed in design work • Conducts professional studies and prepares written reports on engineering related projects under supervision • Prepares and/or oversees the preparation of maps, plans, charts or diagrams; designs curbs and gutters, streets, water and sewer lines, storm drains and other public works projects • Reviews progress and/or inspects assigned construction projects for compliance with plans and specifications, including resolving constructability problems and issues • Makes minor field changes • Coordinates engineering activities with other City departments • Checks tentative and final maps, improvement plans and agreements for conformance to City policies, ordinances, resolutions and established engineering practices • Promotes customer service in forging cooperative public relations • Assists at the front counter; reviews applications and submittals; recommends modifications or approvals _- --- - - 136. • Oversees Geographic Information System (GIS) work, including but not limited to, preparation of new or revised standard drawings using GIS, and pavement management system GIS coordination • Performs various related essential duties as required. MARGINAL FUNCTIONS • Attends and participates in professional group meetings; stays abreast of trends and innovations in civil or traffic engineering • Reviews and analyzes hydrology and hydraulic reports and geotechnical reports submitted by private engineers; ensures technical correctness and conformance with City requirements; • Participates in the implementation of the City's Geographic Information System; • Enters, reviews and updates data in database; • Compiles data and prepares reports; • Conducts field inspections; ensures compliance with specifications. MINIMUM TRAINING AND EXPERIENCE Bachelor of Science degree from an accredited college or university with major course work in civil or mechanical engineering, or a related field and an E.I.T. certificate or six months of professional engineering experience. Required Licenses and Certification Requires possession of, or ability to obtain, a valid Class C California Drivers License. Requires certification as Engineer -in -Training (EIT) by the State of California within one year of employment. KNOWLEDGE AND ABILITIES REQUIRED TO PERFORM ESSENTIAL JOB FUNCTIONS Knowledge of.• • Engineering mathematics, physics, drawing and instruments of the profession • Principles and practices of civil engineering as applied to public works design, construction and maintenance; • Topographic and construction surveying; • Methods and materials used in engineering construction; • Federal, state and local laws pertaining to public works design and construction; • Computers and computer aided design programs; • Principles of report writing. Physical Requirements: • Ability to operate a variety of engineering equipment, including a personal computer and peripheral equipment, calculator, and engineering scales; • Ability to use fine and gross motor coordination in performing data entry -and — in driving a car; -" 137 • Ability to exert light physical effort in sedentary to light work involving sitting and walking or moving from one place to another; • Ability to exert a negligible amount of force periodically to lift, carry, push, pull, or otherwise move objects; • Ability to perceive and differentiate color, texture and shapes. Mathematical Ability: • Ability to perform engineering mathematics and physics; • Ability to measure distance using scales and calculate averages and sizes; • Ability to calculate and apply a variety of formulas and statistics. Judgment_and Situational Reasoning Ability: • Analyze engineering problems and work at effective solutions; • Make accurate engineering computations, and take legible and accurate field notes; • Recognize, prioritize and accomplish needed tasks; • Demonstrate a high level of integrity; • Identify with department and City goals and objectives and understand City priorities and needs; Language Ability and Interpersonal Communication: • Ability to comprehend and correctly use a variety of informational documents including invoices, insurance forms, and improvement plans; • Ability to prepare letters of correspondence, purchase orders, traffic counts, striping plans, traffic control plans, grading plans and staff reports using prescribed format and conforming to all rules of punctuation, grammar, diction and style; • Ability to comprehend a variety of reference books and manuals including standards and plans, municipal and vehicle codes, uniform building code, computer manuals and maps; • Ability to communicate effectively with coworkers, supervisor, public and private agencies, contractors; engineers, developers, planning & development and citizens orally and in writing; • Ability to accept the input of supervisors and co-workers as well as provide input, and be a genuine team player. Environmental Adaptability. • Ability to work primarily in an office environment. The City of La Quinta is an Equal Opportunity Employer. In compliance with the Americans With Disabilities Act, La Quinta will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective employees and incumbents to discuss potential accommodations with the employer. December 2012 " '' 138-- BUSINESS ANALYST GENERAL STATEMENT OF JOB Under general supervision of the City Manager or Assistant to the City Manager performs complex budgeting, accounting, and financial analyses functions. Oversees complex real estate transactions, and conducts financial, statistical, and analytical studies. Conducts operational and efficiency studies and leads organizational change activities. Serves as the liaison between city's business activity and technology teams and consultants. Exercises discretion and creativity as to work details on assignments of a varied, diverse and difficult nature; Performs related work as required. DISTINGUISHING CHARACTERISTICS Assists in solving complex technical and adaptive problems in areas where no precedent exists. Requires excellent verbal and written communication skills and the ability to interact professionally with a diverse group, executives, managers, business leaders, land developers and other subject matter experts. Must be a confident public speaker and have developed strong creative skills for preparing presentations of complex data and information. REPORTS TO: Assistant to the City Manager or his/her designee. ESSENTIAL FUNCTIONS The following duties are normal for this position. These are not to be construed as exclusive of all-inclusive. Other duties may be required and assigned. • Assists with negotiations and preparation of service contracts (e.g. Public Safety); and manages, reviews, and analyzes performance and delivery of required services from service contractors; • Analyzes financial performance of potential and current properties and prepare/present strategic planning recommendations; • Designs financial models for discounted cash flow, comparable property sales, and construction costs; • Comprehends market data and trends; • Prepares and analyzes real estate pro formas; • Prepares project cash flow analyses; • Prepares revenue and expenditure projections; • Serves as a resource for all City departments needing assistance with financial models, operational studies, and special projects as assigned; • Conducts operational studies, analyze policies, work procedures, and operational methods and make recommendations for improvements; • Performs specific tasks related to reviews of management practices and policies; recommend changes to enhance operating efficiencies; • Assists the Finance Department during preparation of the annual budget;_ -13 9 • Leads city-wide technology project teams; • Assists with city-wide effort to establish departmental performance metrics; • Performs various related essential duties as required. MINIMUM TRAINING AND EXPERIENCE Bachelor's degree from an accredited college or university with major course work in finance, accounting, real estate, statistics, business procedures, operational assessments, business management, information technology, public administration, and public policy; experience in real estate, real estate financial analysis, and finance (or some combination thereof) is also required; or any equivalent combination of education, experience, and training which provides the required skills, knowledge and abilities. Required Licenses and Certification Requires a valid Class C California Driver's License. KNOWLEDGE AND ABILITIES REQUIRED TO PERFORM ESSENTIAL JOB FUNCTIONS Knowledge of: • Exceptional customer service principles and practices • Project management, leading teams, and working in a fast paced environment • How to work with senior management, public officials, business community, and working with or leading cross -functional teams • How to influence across the organization at multiple levels • Critical thinking, exceptional analytical and problem solving skills • Advanced Excel experience and proficient in Microsoft Office including database experience • Research skills and performing complex computations on a variety of financial data • Principles of change management, including flexibility and adaptability to changing needs • Effective communication methods including strong writing skills, ability to develop compelling public presentations using advanced modern communication techniques • Assessing internal operational needs and leading process improvement change Physical Requirements: • Ability to coordinate eyes, hands and fingers in performing semi -skilled tasks including word processing; • Ability to exert negligible physical effort in sedentary to light work involving sitting most of the time, but may involve walking or moving City of La Quints: Business Analyst ,t_ � 140`. from one area of the office to another, and standing for brief periods of time; • Ability to exert a negligible amount of force frequently to lift, carry, push, pull, or otherwise move objects. Mathematical Ability: • Ability to add, subtract, multiply and divide; • Ability to compute and use fractions and decimals. Supervisorial Responsibilities: • Ability to assign, review, plan and coordinate the work of other employees; • Ability to provide instruction and guidance to staff; and promote staff development and motivation; and analyze problems that arise in the areas under supervision and recommend solutions; • Ability to recommend the discipline or discharge of staff, approve transfers or promotion of employees; • Ability to assess the work of employees and write performance appraisals. Judgment and Situational Reasoning Ability: • Ability to apply principles of synthesis functions in assisting in the development of long and short range plans; • Ability to use independent judgment under public scrutiny or on short notice such as when making public presentations or responding to media or public inquiries; • Ability to use sound independent judgment in fairly non -routine situations, such as recognizing scope of authority and maintaining confidentiality when necessary; Language Ability and Interpersonal Communication: • Ability to comprehend and correctly use a variety of informational documents including City and department rules, laws and policies, messages, reports, and meeting minutes; • Ability to prepare letters of correspondence, memos, transmittals, forms, and reports using prescribed format and conforming to all rules of punctuation, grammar, diction and style; • Ability to comprehend a variety of reference books and manuals including computer software manuals; • Ability to communicate effectively, both in writing and orally; • Ability to maintain effective working relationships with officials, coworkers, supervisor, members of the public, and other City personnel verbally and in writing. City of La Quints: Business Analyst r -141 Environmental Adaptability: • Ability to work independently; • Ability to work in an office environment. The City of La Quinta is an Equal Opportunity Employer. In compliance with the Americans With Disabilities Act, La Quinta will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective employees and incumbents to discuss potential accommodations with the employer. December 2012 City of La Quinta: Business Analyst 142 ASSISTANT TO CITY MANAGER GENERAL STATEMENT OF JOB Under general supervision, performs complex, difficult and extremely sensitive administrative, systems, statistical and other management analyses in support of activities and functions in the City Manager's Office; makes recommendations for action and assists in policy, procedure and City-wide budget development and implementation; may direct the work of support staff; performs a wide variety of professional, administrative, communications, community relations and special project duties in the City Manager's Office; manages the Business Unit Division of the City Manager's Office including the police, fire and information technology functions; serves as liaison with City staff, outside agencies and the general public. Performs related work as required. REPORTS TO: City Manager or his/her designee. ESSENTIAL FUNCTIONS The following duties are normal for this position. These are not to be construed as exclusive or all-inclusive. Other duties may be required and assigned. • Develops, implements, and coordinates a comprehensive strategic communications program with the City that identifies audiences, messages, communications tools and evaluation measures; • Synthesizes City-wide vision, mission, strategic goals and key issues into concrete messages for educational, informational and marketing purposes; • Coordinates communications activities to foster understanding of City- wide vision, strategic priorities, program goals, and services among the public and City employees; • Organizes the dissemination of positive and accurate information to the public regarding City business by utilizing a variety of communication tools, including new releases, press conferences, public service announcements, newsletters, fact sheets, commercials, special presentations and other collateral materials; • Works on special projects related to strategic management, information technology implementation and utilization, and improved project management throughout the City; interfaces with Department Directors and others as needed to achieve significant progress toward goals; • May research public and private grant programs and assist in preparation of grant applications; may assist in negotiation and preparation of contracts between the City and contract service providers; • Plans, organizes, coordinates and implements quality community support and outreach services for the City; • Acts as City representative and liaison to internal/external customers, special interest groups, the general public, employees, public and private r 143 organizations, community groups and other organizations; responds to questions, concerns and complaints of varying sensitivity and complexity in a timely, tactful and effective manner; may deliver or assist in oral presentations as requested; • Responsible for coordination and management of the City's Business Unit, including police, fire and information technology functions; works closely with the Community Development Department to facilitate partnerships with the community and businesses; • Attends, facilitates and speaks at conferences, neighborhood meetings, workshops; prepares and delivers presentations; attends meetings of City Council and other commissions or committees as requested; • Provides overall management support including assistance with the oversight of department operations; works closely with the City Manager to ensure internal systems are operating effectively; • Responsible for division budget and expenditures; participates in annual update of department and division strategic and operational planning efforts; engages in future planning by setting goals, estimating costs, time and resources needs associated with goals; • Coordinates City Council agendas by reviewing submitted items, analyzing materials, recommending changes, ensuring departments submit necessary materials, and review final product; works closely with the City Clerk's Office on topics and work plans for City Council study sessions; oversees quality control of written and presentation materials; • Completes administrative tasks by preparing correspondence, preparing elected official communications and reviewing reports; • Plans, administers and manages activities of the Business Unit Division including establishing goals and objectives for service delivery and evaluating employee job performance within this division; • Performs various related essential duties as required. MINIMUM TRAINING AND EXPERIENCE Bachelor's degree from an accredited college or university with major course work in journalism, public relations, communications, public administration, business administration or a closely related field. Five years of experience in public relations, media relations, marketing, information services, community programs, and administrative analysis. Experience in government agency environment is desirable. Required Licenses and Certification Requires a valid Class C California Drivers License. City of La Quints: Assistant to City Manager .,V-,,. 144 KNOWLEDGE AND ABILITIES REQUIRED TO PERFORM ESSENTIAL JOB FUNCTIONS Knowledge of: • Customer service principles and practices; • Developing, organizing and coordinating a communication program; • Communicating effectively both orally and in writing; • Analyzing complex administrative problems, evaluating alternatives, and making creative recommendations; • Participating in development, implementation and administration of goals, objectives, and procedures for providing effective and efficient programs and services; • Advising on effective techniques of information dissemination; • Writing and editing press releases, news releases, newsletters, flyers and reports, and other written materials suited to the targeted audience; • Preparing and delivering presentations; • Personal computer operation, software applications including graphics, and desktop publishing systems; • Working effectively in a political environment with individuals of diverse backgrounds and opinions; • Establishing, maintaining, and fostering positive, harmonious, and effective working relations with City officials, employees, news media, and the public. Physical Requirements: • Ability to operate a variety of automated office machines including a calculator, copier, personal computer, typewriter and fax machine; • Ability to coordinate eyes, hands and fingers in performing semi -skilled tasks including word processing; • Ability to exert negligible physical effort in sedentary to light work involving sitting most of the time, but may involve walking or moving from one area of the office to another, and standing for brief periods of time; • Ability to exert a negligible amount of force frequently to lift, carry, push, pull, or otherwise move objects. Mathematical Ability: • Ability to add, subtract, multiply and divide; • Ability to compute and use fractions and decimals. Supervisorial Responsibilities: • Ability to assign, review, plan and coordinate the work of other employees; • Ability to provide instruction and guidance to staff; and promote staff development and motivation; and analyze problems that arise in the areas under supervision and recommend solutions; City of La Quints: Assistant to City Managor 1A 5 • Ability to recommend. the discipline or discharge of staff, approve transfers or promotion of employees; • Ability to assess the work of employees and write performance appraisals. Judgment and Situational Reasoning Ability: • Ability to apply principles of synthesis functions in assisting in the development of long and short range plans; • Ability to use independent judgment under public scrutiny or on short notice such as when making public presentations or responding to media or public inquiries; • Ability to use sound independent judgment in fairly non -routine situations, such as recognizing scope of authority and maintaining confidentiality when necessary; • Ability to use sound independent judgment within general policy and regulatory guidelines. Language Ability and Interpersonal Communication: • Ability to comprehend and correctly use a variety of informational documents including City and department rules, laws and policies, messages, reports, and meeting minutes; • Ability to prepare letters of correspondence, memos, transmittals, forms, and reports using prescribed format and conforming to all rules of punctuation, grammar, diction and style; • Ability to comprehend a variety of reference books and manuals including dictionary, computer software manuals and phone directory; • Ability to communicate effectively, both in writing and orally; • Ability to maintain effective working relationships with officials, coworkers, supervisor, members of the public, and other City personnel verbally and in writing. Environmental Adaptability: • Ability to work independently; • Ability to work in an office environment. The City of La Quinta is an Equal Opportunity Employer. In compliance with the Americans With Disabilities Act, La Quinta will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective employees and incumbents to discuss potential accommodations with the employer. 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WOt7 fOmNNCD�d40 �-Nmp I11 100-I+f OQWWN� t7 m fO W O OVOI Nm hl�'aD eDm WafTOi Ol O100 Ippry��16mle f0 fooGftpO fOr(npp O p00N-�Ivvv yn fO mEaqpIaNddV WpWpWOnmht0fV nO�1�Od'tOONW��ppOOrfIO��pp?NpOID WWOONDONwNC�I�Qdp W m,CN'JAWN�1 OciWWNN� lNG 7m �W_NW�_QNIC O�I0Om sp m WO CO NNu'9 ID IDnnCCr rrmmmWWAmmm0000"mm'- R �Wy�WWWID OyyI OfO Cmm'I r- WN WOWopp OI t7n 4IpDT�PlN�OOW�md� c4 cq HW(O(pp�f�I� �QtH Ip pWp �(Wpp 01'1WNrNtO pNpOAQ((NVVOm WNnnWn OOiON yn �OpQWOINONTm ymyNNN{pm{yy�YNi WO Oi-t�1Nm'aa pl�dWm.-I�,N E00thNWOC)tONNNaD�dp fA {�1dmrWO�t7 dIOW Iri viN NviW•c lc lc ldmWnnrr•rm Wlri ao ao of of ofm------------- Oa mK w wDmfwmwM Ommm � 149 T-dr4la4.urr, AGENDA CATEGORY: it SA / HA / FA MEETING DATE: January 2, 2013 2 BUSINESS SESSION: ITEM TITLE: Select Council Members as La Quinta CONSENT CALENDAR: Representatives on Various Committees for 2013 STUDY SESSION: PUBLIC HEARING: RECOMMENDED ACTION: Select Council Members as La Quinta representatives to serve on various committees for the year 2013. EXECUTIVE SUMMARY: Each year, the City Council selects Council Members to serve on a number of committees, which provide regional and local representation for the City of La Quinta. Attachment 1 is the list of committees. The list includes committee meeting schedules and 2012 representatives and alternates. Committees that offer a stipend to members are identified with an asterisk. FISCAL IMPACT: None. BACKGROUND / ANALYSIS: In 2012, the Fair Political Practices Commission (FPPC) amended its Regulation No. 18705.5 permitting an elected official to vote on his or her own appointment to another public agency's board, committee or commission if Form 806, disclosing compensation received, is promptly posted on the agency's website. On July 11, 2012, Form 806 was posted on the City's website, and it will be updated following this meeting. ALTERNATIVES: The Alternatives available to the City Council include: 1. Make no changes to the existing appointments; 2. Discontinue membership in one or more committees; and/or 3. Appoint citizen representatives to one or more committees. Respectfully submitted, Susan Maysels, City Clbrk Attachment: 1. List of Existing City Council Committee Assignments 151 w > Q cq W C C N _ y m N �`y 2 > > .. N Y m a c E y d Y C_ coC` LL. > J C y 0 C Y ` N Y N m .0 c E y N Y Q E0 0 4 O a2S y O N W 'O vi N � Y 7> m .0c E 0`> 0)Y C C `O > y O JJ .. N � Y N m a c E a`) a)Y C C p > N O> m .. N L Y N m -0 c E Q, Y C L N O. d O C a 2 > t y .. 7) Y N m -0 c E y d Y C N O 'D M d W m ° .. y � Y N m a c E d N Y c a°i U m d W c0 .. m Y N m -0 c E 0 QI Y � m -0 W_ (A m O J J .. y Y N m -0 c E y a) Y c N WYy YNW > Nw Y°m>cc .. Qj L Y m m .0 c E y GI Y E E E � m E � � C6 E 0 0 O Oj 0 4 m 6i M O O OM O ai m m L t L C O C O m y 0 0 0 c E E w = V°' E E E E L U L O O _ EC c = Y N O N O O O m .� cU0 N O > O > U !/J > m + N c 'c > c0 > c6 > m ° > w o > `0 �W 0' N O ° m E c ° -0 o a 0 m m d d co Z r ~ m > t H -C H 0 c o v d >d w c c m N c a Y N c o > a > O Z O Y ° a Q) d c 4 O Y E LE Y E m y o * m E 0 m c c O V) * +�+ Y = y m a O 'w c m ° U a) E 0; E E d d v U w E N > E E o U U c E 0 0 w F O °' ° ` d m > > w O U ? d O o U 1— U ° a t Q) I co Y -°° W °c a a ) °'° ?w iO c i i 2 m> >m U ca U m m m U y° w w a > ca C U N .Y° F y a E a E a E a a a a o U m a U U U U U U U U U U p 152 °CN W YJ Y c6 c E d O N N a) (D -O U I—OJ~ O ` Y N C -0 E a c v`°i N W c .. Y 0)a] .0 C E d 0 N a d C y c N J U Z. ` a) a) -0.0 E E c C N cayCN y YN ` Q co .0 c E u`, c y t O. SC O ~� co CO 0 C d a') c O .0 a N SS p> F' 4 Y W (a .0 c E L O > W C �J Y COa) m C c O.DN YLL co Y ` CDN fa m C E °- a a (6 0 0 M W 2 m W m 0 co z F- Z O F- Z -C C m m 0 a °' a O E c c E CL Q r Q 0 E E y r W W C W W N -C L U E M O @ d a) >CO N WW U LU (n co O O G N C y N N a) J F- J F— N m Z Q w ° Z Q c y ayi aa) c co QW m 0 O Lw U Q 'o O U Q m m a°i W LL W ? c C N Z Z cM Z Z M a N a .` O C ° y O N U C co a) 7 a Q y E y > > co y EO d y y a U E C O YO a > c O C y � c t' U. c m'47, O y y O CL y w O s T 'a+ L y O c C C C ca ` 0 m >. y > C t U O `!' C U O a C U U 70 U U 6 a c 0 a1 w H m .0 0) � d `y _ a U p a7 Q co c a)> O C 7 U O N N m co a. ceitit 4 4 a" ITY / SA / HA / FA MEETING DATE: January 2, 2013 AGENDA CATEGORY: ITEM TITLE: Appoint Members to the Imperial BUSINESS SESSION: Irrigation District's Energy Consumers' Advisory CONSENT CALENDAR: Committee and the Coachella Valley Mosquito and Vector Control Board STUDY SESSION: PUBLIC HEARING: RECOMMENDED ACTION: Appoint members to the following vacancies: • Imperial Irrigation District, Energy Consumers' Advisory Committee One resident representative for a term of four years. • Coachella Valley Mosquito and Vector Control Board One resident representative for a term of four years. EXECUTIVE SUMMARY: The following applications were received and are included as Attachment 1 : Imperial Irrigation District, Energy Consumers' Advisory Committee (IID-ECAC): Mark D. Weber Coachella Valley Mosquito and Vector Control Board (CVMVCD): Robert G. Cox FISCAL IMPACT: None. BACKGROUND/ANALYSIS: The IID-ECAC position became vacant January 1, 2013, and Frank Blum, whose term just ended, has not reapplied. The CVMVCB position became vacant January 1, 2013, and Robert Cox whose term just ended, has reapplied. A call for applications for both positions was posted on the City's website and bulletin boards from mid -October to present. ALTERNATIVE: Direct staff to re -advertise for additional applications for one or more of the vacancies. Respectfully submitted, Susan Maysels, Cit Clerk Attachment: 1. Applications 155 RECEIVED 'ATTACHMENT,'I, CITY OF LA QU1iITA Date: November 30, 2012 CITY CLERK'S OFFICE CITY OF LA QUINTA APPLICATION TO SERVE ON THE IMPERIAL IRRIGATION DISTRICT ENERGY CONSUMERS' ADVISORY COMMITTEE (ECAC) NAME: Marc D. Weber HOME ADDRESS: 78795 Wakefield Circle, La Quints, CA 92253 TELEPHONE: (HOME),7M298-1138 BUSINESS: 760-391-5176 EMAIL; marcdweber@live.00m FAX: 7607391-5178 BUSINESS ADDRESS 45-125 Smurr St., Indio, CA 92201 IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD Manager, Coachella Valley Enterprise Zane Authority LENGTH OF RESIDENCE IN LA QUINTA: e+ Years HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? Yes, numerous meetings. Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. Prior to becoming Manager of the Coachella Valley Enterprise Zone Authority in 2010, 1 served 6 years on the CVEZA Advisory Committee representing IID. I moved to La Quints in 2004 after being recruited by III) to initiate their Coachella Valley large customer and energy efficiency programs. While at IID, I gained an intimate understanding of the administrative structure, internal workings and the ECAC, as well as the utilities processes, energy efficiency programs and electrical system and I personally know the majority of the current ECAC members. I have a combined 13+ years of utility experience, having worked with another public utility in South Carolina as Customer Relations SupwAsor and directly reporting to the utility General Manager. In that position, I supervised the Customer Service Department, Dispatch operations, Large Customer relations, the front lobby operations and Economic Development I have held various appointed and elected community positions over the past 20+ yes (8 years in La Quints). I served 4 years as a County Council appointed Trustee for a 285 bed multi -County trauma hospital, on their Executive Committee and Chaired the Facilities and Strategic Planning Committee; 4 years as a Town Councilperson; and on various community groupstoommittees as a leader and Chairperson. After moving to La Quints, I again became very involved In the community and city. I have been appointed by the Mayo and Council of the City of La Quints to represent the city on the Community Services Commission City, including two years as Chairperson; I was nominated by LQ Council and appointed by U.S. Secretary of the Interior Ken Salazar, serving several years on the Santa Rosa San Jacinto National Monument Advisory Committee until it was dissolved last year, and 1 am currently serving another tern on the La Quints Planning Commission. 1 was elected Secretary of the Rotary Club of La Quints, founding President of the Rotary Club of Coachella East, Chairperson of the Coachella Chamber of Commerce, and Treasurer and Executive Committee member of CVEP. I samed a BA from UCLA and my MBA from Winthroo University. Y 1:56 APPLICATION, IMPERIAL IRRIGATION DISTRICT ENERGY CONSUMERS' ADVISORY COMMITTEE (ECAC) PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the IMPERIAL IRRIGATION DISTRICT ENERGY CONSUMERS' ADVISORY COMMITTEE (ECAC) Since III) only provides energy services in the Coachella Valley and the III) Board is elected from the Imperial County, the Energy Consumers Advisory Committee is tasked with providing an avenue for community Input and acts in an advisory capacity to the IID Board of Directors. The composition of the ECAC has evolved over the recent years and the ECAC now better represents the Interests of austomershate payers and stakeholders throrrghout its diverse 3 county service area. As the 5th largest eMcMc company and 3rd largest public utility in California (behind SCE, PG&E, LADwP and SMUD) III) is unique in that it Board of Directors oversees the water, Electric operations and transmission "Control area" which it coordinates with the states main transmission authority the California ISO. The Board needs good Input from the Coadhelts Valley as the area now accounts for approx 60% of 110's revenue from energy consumers. The ECAC holds open public meetings in El Centro and La Quints Board rooms, with an equal number of representatives appointed by the elected representatives from the various municipal governments within the 2 counties of Imperial and Riverside. What specific issues or problems face the ECAC and do you have any suggestions to address those issues or problems? ECAC members must continue to appropriately advocate for the distinct energy related needs that communities desire with a focus on Improvements for the future. Spedfic Issues facing the ECAC include; - enhancing the Individual ECAC members effectiveness in representing the communities they serve. - general input on electric service operations as it relates to the cities and communities served. - spedfic input on capital improvement projects; relating to safety, redundancy of systems and reducing outages. - input on rate structures; Initiating effective economic development and green rates. - input on customer service operations; best practices and standard of service. - input on energy efficiency initiatives and the utilities expenditures related to the "Public Benefits Charge": - review and Input on utilities renewal energy portfollo plans, progress and direction of efforts. - impact of the utilities distribution system, both overhead and underground, within its:service areas. What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the ECAC? The ability to work effectively on a public board including: communicating dearly, directly and appropriately, while safeguarding the public's interest and maintaining the trust of the Public, Council and Staff. it is important that all appointed or elected representatives have a shared oommtmerd to the Public and the Council they serve; borrowing from the Rotary Intematanel motto.. 'Service above Set". Central to their function is a sense of community direction, relative to the regional issues and development taking place. My continued service on the Planning Commission for La Quints will only enhance my ability to effetely serve my city. I am actively engaged in the life of the City of La Quints through numerous local organizations, and have a specific valuable skill set for this appointment -a detailed knowledge of public utility operations, with over 13 years working for two public utilities in two distinct states. I befieve that I represent my city web, am proud to call La Quints home, and look forward to continuing to broaden and expand my service to the community If the Council appoints me to represent La Quints on the III) ECAC. PLEASE RETURN THIS APPLICATION TO: CITY CLERK DEPARTMENT ' 78-495 CALLE TAMPICO, LA QUINTA P. O. BOX 1504, LA QUINTA, CA. 92247 THANK YOU FOR YOUR W/LL/NGNESS TO SERVE YOUR LOCAL GOVERNMENT 157 RECEIVEDHIVIENTtf.' CITY OF LA OUIIJTA CITY CLERK'S OFFICE pate: October 29, 2012 CITY OF LA QUINTA APPLICATION TO SERVE ON COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT BOARD OF TRUSTEES NAME: ROBERT G. COX HOME ADDRESS: 78315 CRESTVIEW TERRACE, LA QUINTA, CA 92253 TELEPHONE: (HOME) !60) 771-0961 BUSINESS: (760) 413-4955 EMAIL: RCIREGVERIZON.NET FAX (780) 771-0543 BUSINESS ADDRESS 78315 CRESTVIEW TERRACE, LA QUINTA, CA 92253 IF EMPLOYED, LIST YOUR EMPLOYER AND POSITION(S) YOU HOLD SELF EMPLOYED, OWNER/BROKER, RCI REAL ESTATE SERVICES LENGTH OF RESIDENCE IN LA QUINTA: 38 YEARS HAVE YOU EVER ATTENDED A MEETING OF THIS COMMISSION? YES Biographical sketch, including education, work experience, civic involvement and other back- ground. Please be sure to include experiences relevant to duties of the position you seek. I HAVE LIVED IN LA QUINTA FOR 38 YEARS, WHICH OF COURSE, IS LONGER THAN THE CITY HAS EXISTED. 1 AM AN ARMY VETERAN FROM THE VIETNAM ERA AFTER WHICH MY WIFE AND I MOVED HERE FROM THE FRESNO AREA WHERE 1 ATTENDED SCHOOLS INCLUDING FRESNO STATE. WE HAVE OWNED SEVERAL BUSINESSES IN THE AREA AND I ALSO SPENT OVER 25 YEARS IN THE FIRE SERVICE, WORKING FOR CAL -FIRE, CATHEDRAL CITY, AND IN CALAVERAS COUNTY IN NORTHERN CALIFORNIA. I STARTED AS A VOLUNTEER FIREFIGHTER LOCALLY AND FINALLY RETIRED AS A FIRE CHIEF. I AM NOW A SELF EMPLOYED REAL ESTATE BROKER. MY WIFE AND I HAVE STAYED AS ACTIVE IN THE COMMUNITY AS POSSIBLE WHILE WE RAISED 3 CHILDREN WHO BLESSED US WITH 13 GRANDCHILDREN. I HAVE BEEN INVOLVED IN PRIVATE BUSINESS, GOVERNMENT POSITIONS AND BOARD POSITIONS. 1 UNDERSTAND THE RESPONSIBILITIES OF A BOARD MEMBER AS WELL AS THE LIMITATIONS. I ALSO UNDERSTAND THAT IN ORDER TO BE AN EFFECTIVE BOARD MEMBER, ONE NEEDS TO BE INVOLVED, NOT JUST OCCUPY A SEAT. _ 158.. - APPLICATION, COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT PAGE 2 Describe your knowledge of the functions, regulations, and procedures of the Coachella Valley Mosquito and Vector Control District (CVMVCD). I HAVE BEEN A TRUSTEE FOR FOUR YEARS AND HAVE BEEN ACTIVELY INVOLVED IN THE OVERSITE AND CONTINUING EVOLUTION OF THE DISTRICT. What specific issues or problems face the CVMVCD and do you have any suggestions to address those issues or problems? THE MAIN ISSUES WE FACE AT THE DISTRICT AS THIS TIME WOULD BE THE GROWTH OF THE DISTRICT AS THE DEMANDS FOR OUR SERVICES INCREASE AND THE FINANCIAL WELL BEING OF DISTRICT ESPECIALLY NOW THAT THE RDA'S HAVE BEEN DISOLVED. A LARGE PORTION OF OUR BUDGET WAS BASED ON RDA PASS THROUGH THAT NOW SHOULD SHIFT TO PROPERTY TAX REVENUE. UNFORTUNETLY, SOME OF DECISIONS AS TO PERCENTAGES, ETC WILL BE OUT OF OUR HANDS. What specific attitudes, skills and/or expertise do you think you have which would enhance the work of the CVMVCD? I HAVE WATCHED THE DISTRICT EVOLVE OVER THE LAST 30 YEARS AND HAVE BEEN DIRECTLY ENVOLVED THE LAST FOUR YEARS AS A TRUSTEE. I HAVE HELD THE OFFICE OF TREASURER THE LAST TWO YEARS WHICH PUTS ME IN THE MIDDLE OF FINANCIAL PLANNING AND OVERSITE. I HAVE ALSO BEEN PART OF THE STRATEGIC PLANNING TEAM, NEGOTIATIONS OVERSITE AND POLICY AND PROCEDURE UPDATES. I HAVE MRKED TO ATTAIN A POSITION OF MUTUAL RESPECT WITH THE STAFF AND THE FIELD PERSONNEL. CITY CLERK DEPARTMENT 78-495 CALLE TAMPICO, LA QUINTA P. 0. BOX 1504, LA QUINTA, CA. 92247 THANK YOU FOR YOUR WILLINGNESS TO SERVE YOUR LOCAL GOVERNMENT Susan Maysels From: Robert Cox <Robert. Coxl@vedzon. net> Sent: Monday, December 17, 2012 11:45 AM To: Susan Maysels Subject: Re: CVMVCD Appointment Thank you, I appreciate that. Sent from my Whone On Dec 17, 2012, at 10:31 AM, "Susan Maysels" <Smaysels@la-auinta.ore> wrote: Dear Mr. Cox, Since your service is well known to the Council, and there are no other applicants, please do not change your traditional family travel plans to be in attendance on January 2n°. 1 will explain to the Council that you had previous travel plans by the time you were notified of the meeting date. All the best to you in 2013. Susan Mays& City Clerk, City of La Quinta smaysels@la-guinta.org 760.777.7123 From: Robert Cox lmailto:Robert.CoxlCalverizon.net) Sent: Monday, December 17, 2012 10:28 AM To: Susan Maysels Subject: RE: CVMVCD Appointment Susan, Our original plans were that we leave on our annual family retreat in Arizona on Dec 26 and return the end of the week after New Year's Day, about Jan 5"'. Since this involves the family, I will talk to them about cutting the time short and return early. M. Robert C. Cox Trustee, Treasurer of the Board Representing City of'L,a Quinta Coachella Valley Mosquito and Vector Control District 43-420 Trader Place Indio, CA 92201 www.cvmvcd.ora Office: (760)342-8287 Email: RCox@cvmvcd.ora 160 ITY / SA / HA / FA MEETING DATE: January 2, 2013 AGENDA CATEGORY: ITEM TITLE: Authorize the City Manager and City It Attorney to Enforce the City's Rights Under the Bonds, BUSINESS SESSION: Including the Initiation of Litigation Against Bond CONSENT CALENDAR: _ Safeguard Insurance Company and Mark Rindlesbach, Trustee of the Rindlesbach Construction, Inc. as STUDY SESSION: Necessary to Complete Improvements for Tract Map No. PUBLIC HEARING: 31852, Polo Estates RECOMMENDED ACTION: Authorize the City Manager and the City Attorney to enforce the City's rights under the bonds, including: 1) The initiation of litigation against Bond Safeguard Insurance Company and Mark Rindlesbach, Trustee of the Rindlesbach Construction, Inc. as necessary to complete improvements for Tract Map No. 31852; and/or 2) The execution of a settlement agreement if a reasonable settlement is reached; and/or 3) The execution of a tolling agreement to suspend the running of the statute of limitations. EXECUTIVE SUMMARY: • Polo Estates, Tract Map No. 31852, is located on the northwest corner of Avenue 52 and Madison Street as shown in Attachment 1. • The developer has not completed, among other things, relocating telephone poles and widening Avenue 52 and Madison Street. 161 • Staff issued a sixty (60) day notice of default to Mark Rindlesbach, Trustee of the Rindlesbach Construction, Inc. (Developer). The sixty day notice of default has expired and the City has not received any response from the developer. Mark Rindlesbach, Trustee of the Rindlesbach Construction, Inc. has sold the property. • Staff has communicated with Bond Safeguard Insurance Company (Bond Company) to obtain completion of the remaining improvements. Unfortunately, an agreement has not yet been reached with the Bond Company, and City staff and the City Attorney feel that the Bond Company is not acting in good faith. Therefore, staff recommends that the City Council authorize the above actions in order to protect the City's rights. FISCAL IMPACT: Legal costs for pursuing the bonds will depend upon how long the litigation spans and what type of litigation tactics the Bond Company employs to avoid its legal obligations under the bonds. The initial estimate is that the City may incur $20,000 in legal fees. The costs could be higher if the litigation becomes protracted. The fees may be recovered in the litigation by the prevailing party. The amounts of the outstanding bonds are: Performance Bond Onsite Improvements $764,186 Offsite Improvements $780,618 BACKGROUND/ANALYSIS: The City Council has previously granted Subdivision Improvement Agreement (SIA) extensions to December 31, 2010 for the off -site and on -site improvements. The City's process for addressing delinquent developer -required improvements affords the developer generous opportunity to address their shortcomings. Unfortunately, in this case the developer and their surety company have not been cooperative and now, as a last resort, litigation is being considered. Staff has been working and communicating with the developer since April 2011 to achieve the required improvements. At times, it appeared that the developer was going to comply, but their compliance never came to fruition. The Public Works Director transmitted the preliminary Notice of Default in September 2011, and the City Attorney transmitted the final Notice of Default in December 2011. Numerous meetings, emails, and conference calls between the City Attorney's Office, City staff and the surety company's consultants and attorneys have not yet resulted in a resolution. 162 As an alternative to filing an action, the parties may want to enter into a "tolling agreement," which stops the progression of the statute of limitations and allows for additional time to resolve the claims. This preserves the parties' rights and allows the parties to avoid litigation. Therefore, the City Council is requested to give the City Manager authorization to execute such a tolling agreement if the City Attorney feels it can avoid the need to file an action. In addition, it may be possible for the Bond Company and the City to reach a reasonable agreement regarding the Bond Company's obligations. In the Recommended Action, the City Council is requested to give the City Manager authorization to execute a settlement agreement with the bond company if such reasonable agreement can be reached. ALTERNATIVES: Since these street improvements are necessary, there is no reasonable alternative to the recommended action. Respectfully submitted, L% 2 Timothy R. Jo on, P.E. Public Works D ector/City Engineer Attachment: 1. Vicinity Map ATTACHMENT 1 TM 31852 POLO ESTATES AVENUE 50 P� SEC. 4 ��'Lid ZT. 6 S. PTRAIL R.7E. con AVENUE 52 VICINITY NOT TO SCALE 1Ty / SA / HA / FA MEETING DATE: January 2, 2013 ITEM TITLE: GoRequest Citizen Relationship Management Solution RECOMMENDED ACTION: As deemed appropriate by City Council. EXECUTIVE SUMMARY: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: _ STUDY SESSION: PUBLIC HEARING: • On January 7, 2013, the City of La Quinta will launch the GoRequest Citizen Relationship Management (CRM) Solution. • Citizens will be able to make a request for City service or code enforcement from their computer or mobile devices (i.e. iPhone, iPad, Android phone) by downloading the free Application or "App". • Staff anticipates GoRequest will allow faster response times and higher level of customer service for both citizen requests and code enforcement through this App and software. • Staff has been training on the use of GoRequest and GoEnforce software for the past month. FISCAL IMPACT: The total monthly subscription cost for both GoRequest and GoEnforce programs is $750. The Public Works Department has budgeted the $250/month for GoRequest and the Building and Safety Department has budgeted the $500/month for GoEnforce. These programs can be terminated with 30-day notice at any time. 165 BACKGROUND/ANALYSIS: Since early 2012, the Public Works Department has been researching possible software vendors that could provide a work order system which would allow mobile users to submit citizen requests from any location. The ability of smart phones to geolocate the user's whereabouts make them ideal devices for recording and submitting service requests and code violations remotely. The GoRequest/GoEnforce software also transmits the action taken by staff back to the requestor making it an ideal customer service tool. The implementation of GoRequest/GoEnforce CRM Solution is an example of the City's ongoing efforts to utilize technology to streamline services, while continuing to provide citizens with the best possible service levels that our financial resources will allow. Attachment 1 is a draft of the promotional flyer that will be available at all City Hall public counters explaining the new GoRequest/GoEnforce system. Respectfully submitted, Timothy R. Jo on, P.E. _ Public Works D ctor/City Engineer Attachment: 1. Draft GoRequest Promotional Flyer 16.6 ATTACHMENT 1 CITY OF LA QUINTA INTRODUCES: 40. "GoRequest" Smartphone App New mobile app allows residents to quickly and easily report issues to the City while on the go: • Graffiti removal • Unsafe sidewalks • Streetlight problems • Overgrown trees and shrubs • Barking dogs • Traffic Signals • Potholes • and morel • Code Enforcement Just open the app, select your issue, and take a picture - the app knows the location and who can fix it for you. And, we'll stay in touch so you are notified when the issue is resolved. Available on Apple and Android devices. Several ways to get the app: 1. Scan the QR Code below to download the app from Tunes or GooglePlay <INSERT DYNAMIC QR CODE. You aren't using a dynamicl> 2. From your mobile browser, visit this page: htto://www.la-a ia.org/GoReauest to download the app. 3. Visit the App Store on your device and search for "Go Request" Don't have a smart phone? No problems GoRequest can also be accessed on the Web at htto•//www la-auinta ag/GoReouest Need help? • "Frequently Asked Questions" are posted online at btti):/Iwww.la-guinta.org/GoReauest • Call or email City staff at: (760) 777-7000 or gorequest@la-quinta.org N 167 Department Report: 1 N F TAt!t 4 4a" 9 OF�ti TO: The Honorable Mayor and Members of the City Council FROM: Oscar Santana, Management Analyst 67S DATE: January 2, 2013 SUBJECT: Department Report — Grant Update The following is an update of various grants applied for and/or awarded. During calendar year 2012, the City was awarded $21,077 in grant funds. Grants Applied for and/or Awarded in 2012 Indian Gamina Special Distribution Fund (SIB 856 The City applied for California's Indian Gaming Special Distribution Fund toward continuation of salary and benefits for an additional motor officer to assist with increased traffic generated by patrons traveling to and from the Augustine Casino, via City roadways. Senate Bill 856 established the method of calculating the distribution of appropriations from the Indian Gaming Special Distribution Fund for grants to local government agencies impacted by tribal gaming. The bill required each county's Indian Gaming Local Community Benefit Committee to submit a list of approved projects to the State Controller, who would release the funds directly to the chosen local government entities. On March 20, 2012, the City Council authorized filing a grant application with the Indian Gaming Local Community Benefit Committee for funding based on the City's proximity to the Augustine Casino. Due to limited funding available, the City was not awarded funding for this grant. Edward Byrne Memorial Justice Assistance Grant (JAG) The City applied for and was awarded JAG grant funds in the amount of $10,631 for Fiscal Year 2012/2013. The grant funded equipment that will -168- enhance the quality and effectiveness of enforcement efforts and traffic collision investigations, as well as enable officers to better document interaction with the public. Equipment includes 1) a trail camera, which will be used to conduct surveillance of areas that are prone to crimes such as vandalism and theft; 2) a digital camera, which will be used to photograph crime scenes that can be used as evidence in court proceedings; 3) an Extended Warranty for a Forensic Phone Kit, which was purchased with JAG grant funds in a prior year and includes Software Upgrades and Technical Support. The Forensic Phone Kit downloads data from cell phones, be used to aid criminal investigations; 4) three new Electronic Development Automation devices for the Traffic Team. These devices will be used to issue electronic traffic citations, generate traffic collision reports and serve as a 'Mobile Data Computer, which has the capability of connecting to the county's computer -aided dispatch system. Federal Emergency Management Agency (FEMA) Staff applied for an Emergency Management Performance Grant in the amount of $11,832 to improve the City's Emergency Operations Center and emergency response capability. If awarded, the funds will be used to purchase 1) 50% of the City's CODE RED Reverse 911 Notification annual service fee, 2) Community Emergency Response Team (CERT) Response Kits with Field Operating Guides, 3) a rescue mannequin, 4) Triage Rescue Kits, 5) seven Depiction Software licenses, 6) Building Inspector Kits, and 7) 2,500 People Responding with Emergency Preparedness (PREP) booklets. Staff also applied for State Homeland Security Grant funds in the amount of $6,467. These funds are used to support CERT activities. If awarded, the funds will be used to purchase: 1) 5,000 PREP booklets, 2) 1,000 PREP business booklets, and 3) 36 first aid bags. Department of Conservation The California Department of Conservation, through the CalRecycle Division, provided $10.5 million in funding through their City/County Payment Program for beverage container recycling and litter cleanup projects for Fiscal Year 2011/2012. The City was awarded an allocation of $10,446 based on population. Staff intends to carry forward accumulated funds for future recycling and litter prevention projects. This listing does not include subvention funds and other grant funds that the City automatically receives from the Federal, State, and County governments and periodic grants the Police Department applies for and administers on behalf of the City. Examples of this type of revenue include: California Traffic Congestion -169 Relief Funds (AB 2928), California Law Enforcement Equipment Program funds, various law enforcement funds, Community Development Block Grant funds, Community Oriented Policing Services funds, and various transportation -related funds. -.s 170