2014 07 01 CC
CITY COUNCIL
AGENDA
CITY HALL COUNCIL CHAMBERS
78-495 Calle Tampico, La Quinta
REGULAR MEETING ON TUESDAY, JULY 1, 2014
3:30 P.M. CLOSED SESSION | 4:00 P.M. OPEN SESSION
CALL TO ORDER
ROLL CALL: Councilmembers: Evans, Franklin, Henderson, Osborne, Mayor Adolph
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
At this time, members of the public may address the City Council on any matter not listed
on the agenda. Okd`rd bnlokdsd ` !qdptdrs sn rod`j! enql `mc khlhs xntq bnlldmsr sn
sgqdd lhmtsdr- 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
1.
SPEVACEK, PURSUANT TO GOVERNMENT CODE SECTION 54956.8
CONCERNING POTENTIAL TERMS AND CONDITIONS OF ACQUISITION
AND/OR DISPOSITION OF REAL PROPERTY LOCATED EAST OF JEFFERSON
STREET, SOUTH OF PALM CIRCLE DRIVE, NORTH OF THE WHITEWATER
STORMWATER CHANNEL (PORTIO-080-001, 600-080-
002, 600-080-003, 600-080-004, 600-080-005, 600-080-006, 600-080-
007, 600-080-008, and 600-080-009). PROPERTY BUYER/NEGOTIATOR:
JIM SNELLENBERGER, SNELLENBERGER FAMILY INV. L.L.C.
CITY COUNCIL AGENDA 1
JULY 1, 2014
2.CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION
SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO SUBDIVISION (B)
OF GOVERNMENT CODE SECTION 54956.9 (ONE MATTER)
QDBDRR SN BKNRDC RDRRHNM
RECONVENE AT 4:00 P.M.
PLEDGE OF ALLEGIANCE
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
At this time, members of the public may address the City Council on any matter not listed
on the agenda. Okd`rd bnlokdsd ` !qdptdrs sn rod`j! enql `mc khlhs xntq bnlldmsr sn
sgqdd lhmtsdr- 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
ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS
NONE
CONSENT CALENDAR
NOTE: Consent Calendar items are routine in nature and can be approved by one motion.
PAGE
1.APPROVE MINUTES OF JUNE 17, 2014 6
2.RATIFY EMERGENCY CONSTRUCTION CONTRACT WITH GRANITE 16
CONSTRUCTION COMPANY TO PERFORM STORM DAMAGE
REPAIR OF SINKHOLE ON ADAMS STREET
3.APPROVE PROFESSIONAL SERVICES AGREEMENT WITH HR 18
GREEN CALIFORNIA, INC. TO PROVIDE ON-CALL ENGINEERING
PLAN CHECK SERVICES
4.44
AUTHORIZE STAFF TO OBTAIN BIDS FOR FISCAL YEAR
2014/2015 SLURRY SEAL PROGRAM
5.APPROVE AMENDMENT NO. 1 TO AGREEMENT WITH RUTAN & 50
TUCKER, LLP LEGAL SERVICES AND DESIGNATION OF CITY
ATTORNEY
CITY COUNCIL AGENDA 2
JULY 1, 2014
PAGE
6.APPROVE OVERNIGHT TRAVEL FOR TWO COUNCIL MEMBERS, 58
CITY MANAGER AND ASSISTANT TO THE CITY MANAGER TO
ATTEND THE LEAGUE OF CALIFORNIA CITIES ANNUAL
CONFERENCE IN LOS ANGELES, CALIFORNIA SEPTEMBER 3-5,
2014
7.ADOPT RESOLUTION TO APPROVE RIVERSIDE COUNTY 60
COOPERATION AGREEMENT FOR COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS, HOME INVESTMENT PARTNERSHIP
PROGRAM, AND EMERGENCY SHELTER GRANT FUNDS FOR
FISCAL YEARS 2015-2017
\[RESOLUTION 2014-030\]
8.APPROVE FIRST AMENDMENT TO EMPLOYMENT AGREEMENT 80
FOR CITY MANAGER
9.ADOPT RESOLUTION TO APPROVE MEMORANDUM OF 84
UNDERSTANDING BETWEEN CITY OF LA QUINTA AND LA
2014/2015
\[RESOLUTION 2014-031\]
10.ADOPT RESOLUTION TO APPROVE SALARY AND BENEFIT 114
ADJUSTMENTS FOR MANAGEMENT, CONTRACT MANAGEMENT
AND CONFIDENTIAL EMPLOYEES FOR FISCAL YEAR 2014/2015
AND APPROPRIATE $30,000 FROM THE UNASSIGNED GENERAL
FUND BALANCE
\[RESOLUTION 2014-032\]
BUSINESS SESSION - NONE
STUDY SESSION - NONE
REPORTS AND INFORMATIONAL ITEMS
1.CVAG CONSERVATION COMMISSION
(Evans)
2.CVAG ENERGY & ENVIRONMENTAL RESOURCES COMMITTEE
(Evans)
3.GREATER PALM SPRINGS CONVENTION & VISITORS BUREAU
(Evans)
4.ANIMAL CAMPUS COMMISSION
(Franklin)
5.CALIFORNIA JOINT POWERS INSURANCE AUTHORITY
(Franklin)
6.CHAMBER OF COMMERCE INFO EXCHANGE COMMITTEE
(Adolph)
7.COACHELLA VALLEY ECONOMIC PARTNERSHIP
(Franklin)
8.COACHELLA VALLEY MOUNTAINS CONSERVANCY
(Franklin)
CITY COUNCIL AGENDA 3
JULY 1, 2014
9.JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY
(Franklin)
10.CVAG PUBLIC SAFETY COMMITTEE
(Henderson)
11.CVAG TRANSPORTATION COMMITTEE
(Henderson)
12.LEAGUE OF CALIFORNIA CITIES DELEGATE
(Henderson)
13.RIVERSIDE COUNTY TRANSPORTATION COMMISSION
(Henderson)
14.CVAG VALLEY-WIDE HOMELESSNESS COMMITTEE
(Osborne)
DESERT SANDS UNIFIED SCHOOL DISTRICT COMMITTEE
15.(Osborne & Franklin)
16.
(Osborne)
17.COACHELLA VALLEY WATER DISTRICT JOINT POLICY COMMITTEE
(Adolph)
18.CVAG EXECUTIVE COMMITTEE
(Adolph)
19.SO. CALIFORNIA ASSOCIATION OF GOVERNMENTS DELEGATE
(Adolph)
20.SUNLINE TRANSIT AGENCY
(Adolph)
DEPARTMENTAL REPORTS NONE
M
PUBLIC HEARINGS NONE
ADJOURNMENT
****************************
The next regular meeting of the City Council will be held on July 15, 2014
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
website, near the entrance to the Council Chambers at 78-495 Calle Tampico, and
the bulletin boards at the Stater Brothers Supermarket at 78-630 Highway 111,
and the La Quinta Cove Post Office at 51-321 Avenida Bermudas, on June 27,
2014
DATED: June 27, 2014
SUSAN MAYSELS, City Clerk
City of La Quinta, California
CITY COUNCIL AGENDA 4
JULY 1, 2014
Public Notices
The La Quinta City Council Chamber is handicapped accessible. If special
777-7103, twenty-four (24) hours in advance of the meeting and accommodations
will be made.
If special electronic equipment is needed to make presentations to the City Council,
777-7103. A one (1) week notice is required.
If background material is to be presented to the Councilmembers 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 Community
Development counter at City Hall located at 78-495 Calle Tampico, La Quinta,
California, 92253, during normal business hours.
CITY COUNCIL AGENDA 5
JULY 1, 2014
CONSENT ITEM: 1
CITY COUNCIL
MINUTES
TUESDAY, JUNE 17, 2014
A regular meeting of the La Quinta City Council was called to order at 3:02 p.m. by
Mayor Adolph.
PRESENT: Councilmembers Evans, Franklin, Henderson, Osborne, Mayor Adolph
ABSENT: None
PUBLIC COMMENT ON MATTERS NOT ON AGENDA
PUBLIC SPEAKER: Hal Seay, La Quinta Mr. Seay
compliance case and Code Compliance Officer Moreno. He also suggested using
herding dogs to manage the Bighorn Sheep as opposed to building a fence.
CLOSED SESSION
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION, PURSUANT TO
GOVERNMENT CODE SECTION 54957, COUNCIL APPOINTED POSITION
CITY MANAGER
2. CONFERENCE WITH LABOR NEGOTIATOR, TERRY DEERINGER,
REGARDING NEGOTIATIONS WITH THE LA QUINTA CITY EMPLOYEES
ASSOCIATION PURSUANT TO GOVERNMENT CODE SECTION 54957.6
MEET AND CONFER PROCESS
COUNCIL RECESSED TO CLOSED SESSION AT 3:11 P.M.
MAYOR ADOLPH RECONVENED THE CITY COUNCIL MEETING AT 4:01 P.M. WITH
ALL MEMBERS PRESENT. NO ACTIONS WERE TAKEN IN CLOSED SESSION
THAT REQUIRES REPORTING PURSUANT TO GOVERNMENT CODE SECTION
54957.1 (BROWN ACT).
Mayor Adolph led the audience in the pledge of allegiance.
PUBLIC COMMENT ON MATTERS NOT ON AGENDA
PUBLIC SPEAKER
: Carolyn Krausse, La Quinta - Ms. Krausse spoke about bus stops
without shade or seats, and the few that exist are unattractive with porous sides and
roofs. She said the City needs to be more sensitive to people using buses and
suggested the Council consider involving artists in the design of bus
CITY COUNCIL MINUTES 1
JUNE 17, 2014
6
shelters. Ms. Krausse also stated that traffic signals need to be better synchronized to
lessen wait times of idling cars, which is bad for the environment.
PUBLIC SPEAKER:
Christopher English, La Quinta Mr. English said he has a
petition circulating in La Quinta. He said residents should call the shopping center
owner and Ralph Grocery number to encourage them to remain in business.
CONFIRMATION OF AGENDA
Councilmember Franklin requested that Consent Calendar Item Nos. 6, 13, 14, 16, and
17 be pulled for discussion, and Councilmember Osborne requested that Item No. 3 be
pulled for discussion. Council concurred.
ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS
CONSENT CALENDAR
1. APPROVE MINUTES OF JUNE 3, 2014
2. APPROVE DEMAND REGISTER DATED JUNE 17, 2014
3. APPROVE INVESTMENT ADVISORY BOARD WORK
Pulled for discussion >>>
PLAN FOR FISCAL YEAR 2014/2015
4. ADOPT RESOLUTION TO EXTEND TIME TO COMPLETE ON-SITE AND OFF-
SITE IMPROVEMENTS FOR PARCEL MAP NO. 33954
\[RESOLUTION 2014-025\]
5. ADOPT RESOLUTION TO REAFFIRM ADOPTION OF ANNUAL
ASSESSMENT FOR COUNTY SERVICE AREA 152, AUTHORIZE RIVERSIDE
COUNTY TO CONTINUE TO LEVY ASSESSMENTS, AND INDEMNIFY AND
HOLD THE COUNTY HARMLESS FOR LEVYING ASSESSMENTS ON CITY
PARCELS
\[RESOLUTION 2014-026\]
6. ADOPT A RESOLUTION APPROVING THE
Pulled for discussion >>>
SUBORDINATION OF THE STATUTORY PASS-THROUGH PAYMENTS DUE
TO THE CITY OF LA QUINTA FROM THE SUCCESSOR AGENCY FOR THE
COUNTY OF RIVERSIDE
\[RESOLUTION 2014-027\]
7. APPROVE OVERNIGHT TRAVEL FOR ONE COUNCILMEMBER AND CITY
CLERK TO ATTEND THE QUARTERLY LEAGUE OF CALIFORNIA CITIES
POLICY COMMITTEE MEETINGS IN SACRAMENTO, CALIFORNIA JUNE
18-19, 2014
8.
2014 ARCHITECTURAL AND LANDSCAPING REVIEW BOARD MEETING
9. APPROVE A CONTRACT EXTENSION WITH VINTAGE ASSOCIATES FOR
PARK LANDSCAPE MAINTENANCE FOR FISCAL YEAR 2014/2015
CITY COUNCIL MINUTES 2
JUNE 17, 2014
7
10. APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH JNS MEDIA
FOR MARKETING SERVICES
11.
AND MARCH 31, 2014
12. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORTS DATED
FEBRUARY 28, 2014 AND MARCH 31, 2014
13. APPROVE A CONTRACT SERVICES AGREEMENT
Pulled for discussion >>>
WITH THE LA QUINTA CHAMBER OF COMMERCE
14. APPROVE A CONTRACT SERVICES AGREEMENT
Pulled for discussion >>>
WITH THE LA QUINTA ARTS FOUNDATION
15. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BENGAL
ENGINEERING TO PROVIDE ENGINEERING SERVICES FOR DUNE PALMS
ROAD BRIDGE IMPROVEMENTS
16. ADOPT A RESOLUTION APPROVING THE
Pulled for discussion >>>
INVESTMENT POLICY OF THE CITY OF LA QUINTA FOR FISCAL YEAR
2014/2015
\[RESOLUTION 2014-028\]
17. APPROVE A PROFESSIONAL SERVICES
Pulled for discussion >>>
AGREEMENT WITH TERRA NOVA PLANNING AND RESEARCH INC. FOR
PLANNING AND ENVIRONMENTAL SERVICES
18. APPROVE SPE
AUTHORIZE STAFF TO OBTAIN BIDS FOR PHASE 1 OF LA QUINTA
MUSEUM AMERICANS WITH DISABILITIES ACT PUBLIC FACILITY
IMPROVEMENTS PROJECT
MOTION: A motion was made and seconded by Councilmembers Franklin/Osborneto
approve Consent Calendar Item Nos. 1, 2, 4, 5, 7, 8, 9, 10 11, 12, 15 and 18 as
recommended with Item Nos. 4 and 5 adopting Resolution Nos. 2014-025 and 2014-
026 respectively. Motion passed unanimously.
The Council received clarification from staff on the items pulled for discussion.
Item No. 3 Councilmember Osborne requested that the Investment Advisory Board
Work Plan for Fiscal Year 2014/2015 be amended to include an examination of reserve
amounts kept by a variety of cities of the same size as La Quinta.
Item No. 13 Councilmembers Franklin and Evans proposed reallocating the $5,000
noted in the staff report for an annual financial review to the economic development
services to be performed by the Chamber. Councilmember Franklin said the City
should not pay for a financial review that is a standard city requirement under similar
contracts.
CITY COUNCIL MINUTES 3
JUNE 17, 2014
8
PUBLIC SPEAKER: Douglas Motz, La Quinta, Incoming Chairman of the Board of
Directors of the Chamber of Commerce and David Archer, President and CEO of the
Chamber of Commerce - Mr. Motz provided information on his background and the
Mr.
member. He has , so the Chamber is working
with the property owner and city staff.
MOTION: A motion was made and seconded by Councilmembers Evans/Franklin to
approve Consent Calendar Item Nos. 3, 6, 14, 16 and 17 as recommended; adopt
Resolution Nos. 2014-027 and 2014-028, and; approve Item No. 13 with funding
reallocated as follows: (1) business retention, promotion and economic development -
$30,000, (2) The GEM community newsletter - $89,000- $8,500,
and (4) annual financial review - $0. Motion passed unanimously.
BUSINESS SESSION
1. ADOPT RESOLUTION TO APPROVE FISCAL YEAR 2014/2015 BUDGET
RESOLUTION 2014-029\]
Finance Director Conrad presented the
Office.
PUBLIC SPEAKER: Patrick Swarthout, La Quinta Mr. Swarthout commented on
(CVEP), particularly its
Career Pathways program now called Workforce Excellence, which includes the Career
Academies. He provided information on the accomplishments of the program.
The Council discussed
not want to attend college, i.e. academies that focus on healthcare, technical industry,
green energy, and arts and media; discontinuation of the 10-year grant from the College
Access Foundation; possible parcel tax by College of the Desert, a portion of which
would be passed-through to CVEP; reasoning for continuing to charge dues to cities but
not school districts given that school districts financial positions are not any worse than
cities; success of the Workforce Excellence component of CVEP programs; need for
quantitative results in the economic development arena; city financial support of the
East Valley iHub; reduction in CVEP funding for Fiscal Year 2014/15; the contribution
the City makes with its Public Works Internship Program.
Patrick Swarthout said he would provide Council with a list of CVEP employees and
their respective salaries. He said he would also inquire as to why only certain CVEP
partners, such as cities, pay dues and others, such as school districts, do not.
Regarding the Fiscal Year 2014/2015 budget, Councilmember Henderson requested
that the projected $476,000 surplus be added to the reserve fund after funding staff
requests totaling $48,140. Ms. Henderson said she does not support increasing the
grant program by $20,000, and asked Council to put it into reserves or the capital
improvement program. She noted that the City already has over 100 programs for
CITY COUNCIL MINUTES 4
JUNE 17, 2014
9
youth, seniors and others including programs at ,
the Library, the Museum, the Senior Center, the Community Services Department, and
$50,000 for the hungry and homeless. With the exception of the additional $20,000
allocated to the grants program, Ms. Henderson said she supports the budget as
presented.
Councilmember Osborne said he could support reducing the grants program from
$25,000, , in order to provide greater support to the
Workforce Excellence program and to continue its regional economic development
work. He said that he supports all other portions of the budget.
Councilmember Franklin said that the grant program allows the City to reach out directly
to residents and assist when they are in need. Funding for these grants has been
decreasing from its high of $100,000 per year. She said that increasing the fund from
$40,000 to $60,000 is important because all grant applicants are needy and deserving.
Ms. Franklin said that she supports the budget as presented.
Councilmember Evans said she agrees with Councilmember Franklin in that a clear
return on investment is evident from grant dollars spent in the community; she approves
of budget as submitted.
Mayor Adolph said he is not a big supporter of CVEP because it did not bring new
business into La Quinta, but he does believe that Coachella Valley cities and the county
need to be a cohesive group working together to help each other. He agreed that the
grant fund should be increased to $60,000 because the money directly assists those in
our community. Mayor Adolph expressed concern about the recent La Quinta Middle
School request for $25,000 in funding because it breaks with precedent, which sets the
maximum funding at $5,000. He said any exception may cause an onslaught of similar
requests, so he suggested that the school district apply under the grant program
parameters like all other organizations. Lastly, Mayor Adolph requested that
supplemental requests be included within the main budget document and not listed as
optional items.
MOTION: A motion was made and seconded by Councilmembers Evans/Franklin to
adopt Resolution 2014-029 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
FOR FISCAL YEAR 2014/2015 AND APPROVING A BUDGET FOR
FISCAL YEAR 2014/2015
Motion passed: ayes 4, noes 1 (Henderson)
Business Session Item No. 3 moved up by concurrence of Council >>
3.
ADVERTISE FOR BID PHASE II OF THE SILVERROCK GOLF COURSE
RESTORATION PROJECT
CITY COUNCIL MINUTES 5
JUNE 17, 2014
10
Public Works Director Jonasson presented the staff report, which is on file in the City
MOTION: A motion was made and seconded by Councilmembers Franklin/Henderson
-purchase
of turf, and advertise for bid Phase II of the SilverRock Golf Course Restoration Project.
Motion passed unanimously.
2. INTERVIEWS AND APPOINTMENTS OF RESIDENTS TO VARIOUS CITY
BOARDS AND COMMISSIONS
Mayor Adolph thanked all applicants for their willingness to serve the City, and
explained the process Council would follow in conducting the interviews and
appointments.
City Clerk Maysels held a random drawing resulting in the following interview order:
1. Community Services Commission
2. Architectural & Landscaping Review Board
3. Investment Advisory Board
4. Planning Commission
5. Palm Springs International Airport Commission
COMMUNITY SERVICES COMMISSION
: (three vacancies)
The following applicants gave a brief presentation on their qualifications:
Rosemary Anaya
Heather Engel
Linda Hagood
Mark Johnson
Arthur Lambrose
Paula Kay Simonds
City Clerk Maysels collected, tabulated and announced the votes as follows:
Councilmember Evans: Engel, Lambrose, Simonds
Councilmember Franklin: Johnson, Engel, Simonds
Councilmember Henderson: Johnson, Engel, Simonds
Councilmember Osborne: Johnson, Lambrose, Simonds
Mayor Adolph: Johnson, Engel, Simonds
MOTION: A motion was made and seconded by Councilmembers Franklin/Henderson
to appoint Heather Engel, Mark Johnson, and Paula Kay Simonds to the Community
Services Commission. Motion passed unanimously.
ARCHITECTURAL & LANDSCAPING REVIEW BOARD
(one vacancy)
The following applicant gave a brief presentation on his qualifications:
Kevin McCune
CITY COUNCIL MINUTES 6
JUNE 17, 2014
11
MOTION: A motion was made and seconded by Councilmembers Evans/Henderson to
appoint Kevin McCune to the Architectural & Landscaping Review Board. Motion
passed unanimously.
INVESTMENT ADVISORY BOARD
(one vacancy)
The following applicant gave a brief presentation on her qualifications:
Jennifer Donais
(not present)
Ronald Villa
City Clerk Maysels collected, tabulated and announced the votes as follows:
Councilmember Evans: Donais
Councilmember Franklin: Donais
Councilmember Henderson: Donais
Councilmember Osborne: Donais
Mayor Adolph: Donais
MOTION: A motion was made and seconded by Councilmembers Evans/Henderson to
appoint Jennifer Donais to the Investment Advisory Board. Motion passed
unanimously.
PLANNING COMMISSION
(three vacancies)
The following applicants gave a brief presentation on their qualifications:
Philip Bettencourt
Frank Blum
Mike Carl
Kathleen Fitzpatrick
not present)
Javier Lopez (
Andrea Spirtos
City Clerk Maysels collected, tabulated and announced the votes as follows:
Councilmember Evans: Bettencourt, Blum, Fitzpatrick
Councilmember Franklin: Bettencourt, Blum, Fitzpatrick
Councilmember Henderson: Blum, Fitzpatrick, Spirtos
Councilmember Osborne: Bettencourt, Blum, Fitzpatrick
Mayor Adolph: Blum, Carl, Spirtos
MOTION: A motion was made and seconded by Councilmembers Evans/Franklin to
appoint Philip Bettencourt, Frank Blum, and Kathleen Fitzpatrick to the Planning
Commission. Motion passed unanimously.
PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION
(one vacancy)
The following applicants gave a brief presentation on their qualifications:
Tina Bartel
(not present)
Douglas Fioresi
Lawrence Ponce
Steven Rosen
Robert Teal
CITY COUNCIL MINUTES 7
JUNE 17, 2014
12
City Clerk Maysels collected, tabulated and announced the votes as follows:
Councilmember Evans: Robert Teal
Councilmember Franklin: Robert Teal
Councilmember Henderson: Robert Teal
Councilmember Osborne: Robert Teal
Mayor Adolph: Robert Teal
MOTION: A motion was made and seconded by Councilmembers Evans/Franklin to
appoint Robert Teal to the Palm Springs International Airport Commission. Motion
passed unanimously.
3. APPOINT VOTING DELEGATE AND ALTERNATE TO THE 2014 LEAGUE OF
CALIFORNIA CITIES ANNUAL CONFERENCE
MOTION: A motion was made and seconded by Councilmembers Franklin/Osborneto
appoint Councilmember Evans as voting delegate and alternate to the 2014 League of
California Cities Annual Conference. Motion passed unanimously.
STUDY SESSION
None
REPORTS AND INFORMATIONAL ITEMS
, reported on her
participation in the following organizations meeting:
CVAG CONSERVATION COMMISSION
CVAG ENERGY & ENVIRONMENTAL RESOURCES COMMITTEE
DEPARTMENT REPORTS
s
office.
City Manager Spevacek reported that the City sold $65.6 million in bonds tied to the
refund of the 2004 bonds approved in October 2013. He said the good news is that
bond insurance was not required because the City received an AA- rating from
S. As a result of the refund of the 2004 bonds and this bond sale, the
outstanding debt is reduced by $10 million or $685,000 per year. When combined with
the other bond refinancing done recently, the is reduced by
approximately $20 million. La Quinta was well received in the market because of the
strength of the credit rating.
Councilmember Franklin clarified that a 4/5 vote of Council in support of any tax
measure is needed to place it on the ballot.
CITY COUNCIL MINUTES 8
JUNE 17, 2014
13
Councilmember Evans said that she wants to examine the results of the survey, and if
voters are overwhelmingly in support, she will support it and promote it.
PUBLIC HEARINGS
None
ADJOURNMENT
There being no further business, a motion was made and seconded by
Councilmembers Evans/Henderson to adjourn 8:52 p.m. Motion passed unanimously.
Respectfully submitted,
X
Susan Maysels
City Clerk, City of La Quinta
CITY COUNCIL MINUTES 9
JUNE 17, 2014
14
15
CITY MEETING DATE: July 1, 2014
ITEM TITLE: RATIFY EMERGENCY CONSTRUCTION
CONTRACT WITH GRANITE CONSTRUCTION
COMPANY TO PERFORM STORM DAMAGE REPAIR
OF SINKHOLE ON ADAMS STREET
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: 2
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Ratify an emergency construction contract with Granite Construction Company to
repair a sinkhole on Adams Street at Blackhawk Way.
EXECUTIVE SUMMARY:
The storm of August 25, 2013 caused a large sinkhole to develop in the
southbound travel lanes of Adams Street near the intersection of Blackhawk
Way.
Granite Construction Company was constructing the Adams Street Bridge
just south of this location and was able to immediately begin repairs of the
street.
The total cost of the repair was $34,782.15, which has been submitted to
the County of Riverside for possible reimbursement from the Federal
Emergency Management Agency (FEMA).
FISCAL IMPACT:
Ratification of this contract will authorize the payment of $34,782.15 to Granite
Construction Company for the storm repair work. This amount was part of the
continuing appropriations for Fiscal Year 2013/14 in Public Works; therefore, no
additional appropriation is necessary.
BACKGROUND/ANALYSIS:
Rainfall from the storm that hit the City on August 25, 2013 was estimated to be
of 150-year intensity. The heavy rainfall resulted in storm drain failure beneath
16
the southbound lanes of Adams Street just south of Blackhawk Way. A large
sinkhole developed, which closed the southbound travel lanes on Adams Street.
Granite Construction Company was constructing the Adams Street Bridge at that
time just south of the sinkhole. Since Granite was already on site, the City was
able to save the time and expense of mobilizing another contractor in order to
repair the storm drain and road.
The lag time in reimbursing Granite for the work is due to the following reasons:
1.The City did not receive the final invoice from Granite with substantiating
backup documents for time and material until well after the punch list work
on the bridge was completed in January 2014.
2.The work was originally going to be paid for as part of the Adams Street
Bridge work via a change order. Due to the complexity of closing out the
bridge project, and the negotiations still ongoing over cost and time for
outstanding change order work, it was decided to remove the sinkhole repair
work and pay for it separately to eliminate any further delays.
Staff included the estimated costs for the sinkhole repair in the storm damage
report, submitted to the County of Riverside in October 2013, to request
reimbursement from Federal Emergency Management Agency. Any reimbursement
for this incident will be returned to the General Fund.
ALTERNATIVES:
Due to the emergency nature of the work and the need to reimburse the
contractor, staff does not recommend any alternatives.
Report prepared by: Bryan McKinney, P.E., Principal Engineer
Report approved for submission by: Timothy R. Jonasson, P.E.
Public Works Director/City Engineer
17
CITY MEETING DATE: July 1, 2014
ITEM TITLE: APPROVE PROFESSIONAL SERVICES
AGREEMENT WITH HR GREEN CALIFORNIA, INC. TO
PROVIDE ON-CALL ENGINEERING PLAN CHECK
SERVICES
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: 3
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Approve a professional services agreement with HR Green California, Inc., for
$120,000, to provide on-call engineering plan check services.
EXECUTIVE SUMMARY:
Contract plan check services are included in the Public Works budget in order
to meet the greater workload from increased development activity.
Through a competitive selection process last year, HR Green California, Inc.
of Riverside, California, was selected and is recommended to continue to
perform on-call engineering plan check, as necessary, to augment in-house
plan check capacity.
Budgeted funds for the original professional services agreement (PSA) were
for Fiscal Year (FY) 2013/2014; the new PSA provides funding through FY
2014/2015.
Staff recommends approval of the new PSA (Attachment 1) to ensure timely
processing of development projects through engineering plan check.
FISCAL IMPACT:
The Fiscal Year 2014/2015 budget includes $150,000 for consultant plan check
services for Public Works. Ninety percent of the $120,000 contract cost will be
covered by plan check fee income; the remaining 10 percent or $12,000 would be
funded by the General Fund. Per the 2013 City fee schedule, 90 percent of
development review costs are funded by permit fee income. These services are
18
used on an as-needed basis and if services are not required then these funds will
not be expended.
BACKGROUND/ANALYSIS:
As part of the City reorganization in February 2013, staffing in the Development
Services Division of Public Works was reduced in recognition of the much lower
level of private development at that time. Since late summer 2013, private
development activity has increased significantly resulting in the need to increase
sgd BhsxŬr dmfhmddqhmf ok`m bgdbj b`o`bhsx- After a competitive selection process
in August 2013, HR Green was selected to provide engineering plan check services
on an as-needed basis under a minor service contract. Staff was seeking a firm
that demonstrated expertise in local hydrology, which HR Green possessed; this
knowledge has proven invaluable in plan checking certain development projects.
Historically, this level of expertise has not been readily available in local engineering
firms. The on-call consultant selection process is repeated about every two years
or as necessary to provide the latest expertise for development review.
ALTERNATIVES:
Since demand for on-call plan check services remains high and HR Green has
demonstrated their capability to provide these services, staff does not recommend
an alternative to this action.
Report prepared by: Ed Wimmer, P.E., Principal Engineer
Report approved for submission by: Timothy R. Jonasson, P.E.
Public Works Director/City Engineer
Attachment: 1. Professional Services Agreement
19
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT FOR CONTRACT SERVICDR 'sgd Ů@fqddldmsů( hr l`cd
and entered into by and between the CITY NE K@ PTHMS@+ 'ŮBhsxů(+ ` B`khenqmh`
municipal corporation, and HR GREEN CALIFORNIA, INC. 'ŮBnmrtks`msů(- Sgd
parties hereto agree as follows:
1.0 SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide those services related to On Call Engineering
Plan Check Services+ `r rodbhehdc hm sgd ŮRbnod ne Rdquhbdrů `ss`bgdc gdqdsn `r
Dwghahs Ů@ů `mc hmbnqonq`sdc gdqdhm ax sghr qdedqdmbd 'sgd Ůrdquhbdrů nq Ůvnqjů(-
Consultant warrants that all services will be performed in a competent, professional
and satisfactory manner in accordance with the standards prevalent in the industry
for such services.
1.2 Compliance with Law. All services rendered hereunder shall be provided
in accordance with all ordinances, resolutions, statutes, rules, regulations and laws
of the City of La Quinta and any Federal, State or local governmental agency of
competent jurisdiction.
1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified
herein, Consultant shall obtain at its sole cost and expense such licenses, permits
and approvals as may be required by law for the performance of the services
required by this Agreement. Consultant shall have the sole obligation to pay for
any fees, assessments and taxes, plus applicable penalties and interest, which may
be imposed by law and arise from or are necessary for the performance of the
services required by this Agreement.
1.4 Familiarity with Work. By executing this Agreement, Consultant
warrants that (a) it has thoroughly investigated and considered the work to be
performed, (b) it has investigated the site of the work and fully acquainted itself
with the conditions there existing, (c) it has carefully considered how the work
should be performed, and (d) it fully understands the facilities, difficulties and
restrictions attending performance of the work under this Agreement. Should
Consultant discover any latent or unknown conditions materially differing from
those inherent in the work or as represented by City, Consultant shall immediately
inform City of such fact and shall not proceed except at Consultant's risk until
written instructions are received from the Contract Officer (as defined in Section
4.2 hereof).
1.5 Care of Work and Standard of Work.
Last revised 2-5-14 1
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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 tmcdqrs`mchmf+ Bnmrtks`msŬr rdquhbdr `mc
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
Rbnod ne Rdquhbdr 'Ů@cchshnm`k Rdquhbdrů( vgdm chqdbsdc 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 Consuls`ms sn rdbtqd sgd Bnmsq`bs L`m`fdqŬr
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 gdqdne `qd rds enqsg hm Dwghahs ŮCů 'sgd
ŮRodbh`k Qdpthqdldmsrů(- Hm sgd dudms ne ` 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,
Bnmrtks`ms rg`kk ad bnlodmr`sdc hm `bbnqc`mbd vhsg Dwghahs ŮAů 'sgd ŮRbgdctkd ne
Bnlodmr`shnmů( hm ` sns`k `lntms mns sn dwbddc One Hundred Twenty Thousand
Dollars ($120,000) 'sgd ŮBnmsq`bs Rtlů(+ dwbdos `r provided in Section 1.6. The
Last revised 2-5-14 2
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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
ne bnlodmr`shnm rds enqsg hm sgd Rbgdctkd ne Bnlodmr`shnm+ Bnmrtks`msŬr nudq`kk
compensation shall not exceed the Contract Sum, except as provided in Section
0-5 ne sghr @fqddldms+ Ů@cchshnm`k Rdquhbdr-ů
2.2 Compensation for Additional Services. Additional services approved
in advance by the Contract Manager pursuant to Section 1.6 of this Agreement,
Ů@cchshnm`k Rdquhbdr+ů rg`kk ad o`hc enq hm an amount agreed to in writing by both
City 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
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
BhsxŬr Ehm`mbd Cdo`qsldms-
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
Last revised 2-5-14 3
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Dwghahs B 'sgd ŮRbgdctkd ne Odqenql`mbdů(- 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 July 1, 2014
and terminate on June 30, 2015. This agreement may be extended for one
additional year upon mutual agreement by both parties.
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.Tina York, P.E.
Email: tyork@hrgreen.com
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.
Last revised 2-5-14 4
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4.2 Contract Officer. The Contract Officer shall be Timothy R. Jonasson,
Public Works Director/City Engineer or such other person as may be designated by
the City Manager of City. It shall be Consultant's responsibility to assure that the
Contract Officer is kept informed of the progress of the performance of the
services and Consultant shall refer any decisions, which must be made by City to
the Contract Officer. Unless otherwise specified herein, any approval of City
required hereunder shall mean the approval of the Contract Officer.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability and reputation of Consultant, its principals and employees
were a substantial inducement for City to enter into this Agreement. Except as set
forth in this Agreement, Consultant shall not contract with any other entity to
perform in whole or in part the services required hereunder without the express
written approval of City. In addition, neither this Agreement nor any interest herein
may be assigned or transferred, voluntarily or by operation of law, without the prior
written approval of City.
4.4 Independent Contractor. Neither City nor any of its employees shall have
any control over the manner, mode or means by which Consultant, its agents or
employees, perform the services required herein, except as otherwise set forth.
Consultant shall perform all services required herein as an independent contractor
of City and shall remain at all times as to City a wholly independent contractor with
only such obligations as are consistent with that role. Consultant shall not at any
time or in any manner represent that it or any of its agents or employees are agents
or employees of City.
4.5 City Cooperation. City shall provide Consultant with any plans,
publications, reports, statistics, records or other data or information pertinent to
services to be performed hereunder which are reasonably available to Consultant
only from or through action by City.
5.0 INSURANCE
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
Last revised 2-5-14 5
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(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)
VnqjdqrŬ Bnlodmr`shnm
(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
Bnmrtks`msŬr dloknxddr vill use personal autos in any way on this project,
Consultant shall provide evidence of personal auto liability coverage for each such
odqrnm- Sgd sdql Ů`tsnlnahkdů hmbktcdr+ ats is not limited to, a land motor vehicle,
trailer or semi-trailer designed for travel on public roads. The automobile insurance
policy shall contain a severability of interest clause providing that coverage shall be
primary for losses arising out of Consultant's performance hereunder and neither
City nor its insurers shall be required to contribute to such loss.
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 `mc ŮBnudqdc Oqnedrrhnm`k Rdquhbdrů `r
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
`ffqdf`sd- Sgd onkhbx ltrs Ůo`x nm adg`ke neů sgd hmrtqdc `mc ltrs hmbktcd `
oqnuhrhnm drs`akhrghmf sgd hmrtqdqŬr ctsx sn defend. The policy retroactive date shall
be on or before the effective date of this agreement.
Last revised 2-5-14 6
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Consultant shall carry Workers' Compensation Insurance in accordance with
State Worker's Compensation laws with dloknxdqŬr kh`ahkhsx khlhsr mn kdrr sg`m
$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.
5.3 General Conditions pertaining to provisions of insurance coverage by
Consultant. Consultant and City agree to the following with respect to insurance
provided by Consultant:
1. Consultant agrees to have its insurer endorse the third party general
liability coverage required herein to include as additional insureds City, its officials,
employees and agents, using standard ISO endorsement No. CG 2010 with an
edition prior to 1992. Consultant also agrees to require all contractors, and
subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this
Agreement shall prohibit Consultant, or Cnmrtks`msŬr dloknxddr+ nq `fdmsr+ eqnl
Last revised 2-5-14 7
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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
rdqud sn dkhlhm`sd rn,b`kkdc Ůsghqc o`qsx `bshnm nudqů bk`hlr+ hmcluding 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 discovdqx odqhnc( sg`s l`x `eedbs BhsxŬr
oqnsdbshnm vhsgnts BhsxŬr 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 Consuls`msŬr fdmdq`k kh`ahkhsx onkhbx+ rg`kk ad
delivered to City at or prior to the execution of this Agreement. In the event such
proof of any insurance is not delivered as required, or in the event such insurance is
canceled at any time and no replacement coverage is provided, City has the right,
but not the duty, to obtain any insurance it deems necessary to protect its interests
under this or any other agreement and to pay the premium. Any premium so paid
by City shall be charged to and promptly paid by Consultant or deducted from
sums due Consultant, at City option.
8. 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
Last revised 2-5-14 8
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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
Bnmrtks`msŬr dwhrshmf bnudq`fd hmbktcdr ` cdctbshakd nq rdke,hmrtqdc qdsdmshnm+ sgd
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.
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
eqnl Bnmrtks`msŬr hmrtq`mbd `fdms sn sghr effect is acceptable. A certificate of
Last revised 2-5-14 9
28
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.
05- Sgd oqnuhrhnmr ne `mx vnqjdqrŬ 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.
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
` oqnedrrhnm`k rs`mc`qc ne b`qd enq Bnmrtks`msŬr Rdquhbdr+ sn sgd etkkdrs dwsdms
Last revised 2-5-14 10
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permitted by law, Consultant shall indemnify, protect, defend and hold harmless
City and any and all of its officials, emplnxddr `mc `fdmsr 'ŮHmcdlmhehdc O`qshdrů(
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, attorndxrŬ eddr+ khshf`shnm dwodmrdr+ `mc eddr
of expert consultants or expert witnesses incurred in connection therewith and
costs of investigation, to the extent same are cause in whole or in part by any
negligent or wrongful act, error or omission of Consultant, its officers, agents,
employees or subconsultants (or any entity or individual that Consultant shall bear
the legal liability thereof) in the performance of professional services under this
agreement. With respect to the design of public improvements, the Consultant
shall not be liable for any injuries or property damage resulting from the reuse of
the design at a location other than that specified in Exhibit 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
c`l`fdr+ bntqs bnrsr+ `ssnqmdxrŬ eddr+ 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 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.
Last revised 2-5-14 11
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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
mdfkhfdms `mc vgdqd BhsxŬr `bshud mdfkhfence 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
Bnmrtks`msr vgn bnmrshstsd Ůcdrhfm oqnedrrhnm`krů `r sgd sdql hr cdehmdc hm
paragraph 3 below.
2. Scope of Indemnification. To the fullest extent permitted by
law, Consultant shall indemnify, defend, and hold harmless City `mc BhsxŬr `fdmsr+
officers, officials, employees, representashudr+ `mc cdo`qsldmsr 'ŮHmcdlmhehdc
O`qshdrů( eqnl `mc `f`hmrs `mx `mc `kk bk`hlr+ 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, attorndxrŬ eddr+ khshf`shnm dwodmrdr+ `mc eddr
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),
sgd sdql Ůcdrhfm oqnedrrhnm`ků rg`kk ad khlited 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.
Last revised 2-5-14 12
31
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
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.
Last revised 2-5-14 13
32
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
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
Last revised 2-5-14 14
33
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.
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,
Last revised 2-5-14 15
34
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: To Consultant:
CITY OF LA QUINTA HR Green California, Inc.
Attention: Frank Spevacek Attention: Roy F. Stephenson
City Manager Principal-in-Charge
78-495 Calle Tampico 3403 10th Street, Suite 704
La Quinta, California 92253 Riverside, California 92501
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.
Last revised 2-5-14 16
35
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
CONSULTANT: HR Green California, Inc.______
By: ___________________________________________
Name: ________________________________________
Title: _________________________________________
Date: _______________________________
Last revised 2-5-14 17
36
Exhibit A
Scope of Services
Plan checking may be provided by an On Call Engineering Plan Check Consultant,
as applicable, with the following scopes:
Plan Checking
Improvement plan checking will include the review of plans submitted for
subdivision (residential) improvements, commercial developments, and
infrastructure improvements within the CisxŬr qhfgs ne v`x- Sgd ok`mr rg`kk ad
reviewed for conformance with local and other applicable (County, State and
Federal) ordinances and standards with a strict attention to details. Plan check
services may include, but are not limited to the following:
Grading Plans including mass grading, rough grading and precise grading plans
Street Improvement Plans including street widening, rehabilitation and new
street plans
Storm Drainage Plans
Hydrology and Hydraulic Calculations and Reports
DmfhmddqŬr Bnrs Drshl`sd enq sgd qdk`sed items of work for bonding purposes
DmfhmddqŬr Qdonqsr hmbktchmf Etfhshud Dust Control (PM10) Plans, Storm Water
Pollution and Prevention Plans
Water Quality Management Plans
Erosion and Sediment Control Plans
The tasks of the plan checker include:
To check for design conformance to:
The approved Tentative Map
Related Specific Plans
General Plan and City Ordinances
Conditions of Approval
City Standards
ADA Standards
Sgd BhsxŬr Rtachuhrhnm Ok`m Bgdbj Khrsr
Other Agency Requirements such as Riverside County Flood Control
District (RCFCD), Coachella Valley Water District (CVWD) and CalTrans
To review plans for sound engineering practices.
Sn bgdbj enq `bbtq`bx ne cdrhfm hm bnmenql`mbd vhsg sgd BhsxŬr lnrs btqqdms
Plan Check Lists.
To check general mathematics and design criteria.
To call for redesign of any portion of plans that:
Will not function due to poor engineering.
Last revised 2-5-14 18
37
Is not consistent with the Approved Tentative Map or Conditions of
Approval.
Will be potentially unsafe to the public.
Is Impractical to construct.
All plans shall be reviewed under the direct supervision of a California Registered
Engineer.
Prevailing Wage - In accordance with Section 1770 of the Labor Code, the City has
ascertained and does hereby specify that the prevailing wage rates shall be those
provided in Article 1110-20.0, WAGE RATES. The said rates shall include all
employer payments that are required by Section 1773.1 of the Labor Code. The City
will furnish to the Contractor, upon request, a copy of such prevailing rates. It shall
be the duty of the Contractor to post a copy of such prevailing wages at the job site.
38
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 is One Hundred Twenty Thousand Dollars ($120,000)
'ŮBnmsq`bs Rtlů(- Sgd Bnmsq`bs Rtl rg`kk be paid to Consultant in installment
payments made on a monthly basis and in an amount 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.
Plan Check Compensation
Plan check payment shall be made in etkk `s ` Ůehwdc eddů q`sd ne9
$625 per sheet (submittals with 1-5 sheets in quantity)
$600 per sheet (submittals with 6-15 sheets in quantity)
$550 per sheet (submittals with 16 or more sheets in quantity)
Sheet counts are based on the number of sheets submitted for plan check. Sheets
may include title and detail sheets, street plans, storm drain plans, meandering
sidewalk and parkway grading plans, rough & precise grading plans at 20, 30, 40
or 50 feet per inch scale.
Consultant receives no additional compensation for review of supporting
documents including, but not limited to hydrology and hydraulic calculation reports,
rnhkr qdonqsr % dmfhmddqŬr bnrs drshl`sdr+ conditions of approval, tentative tract
and parcel maps.
Consultant receives no additional compensation for delivery or postage fees
necessary to transmit or receive plans from City.
Consultant receives no additional compensation for travel to and from City Hall.
This rate shall be compensation for up to three (3) plan checks. Supplemental
payment for additional plan checks after the third check or for special engineering
reports including Water Quality Management Plans (WQMP) or other engineering
reports, shall be in made at the rates listed in the Schedule of Billing Rates attached
herewith for the actual hours submitted in conformance with Section 2.2 of the
Agreement. An estimate of hours to complete the plan check (after the third plan
check) or for special reports shall be made in writing to the Contract Officer for
approval as specified in Section 1.6 - Additional Services of the Agreement.
Last revised 2-5-14 20
39
Compensation for the first three plan checks shall be distributed at the following
schedule:
First Plan Check 65% of the Total Plan Check Fee
Second Plan Check 20% of the Total Plan Check Fee
Third Plan Check 15% of the Total Plan Check Fee
The Consultant shall be compensated upon the completion of each plan check as
indicated in the above schedule and in conformance with Section 2.2 of the
Agreement. If a project is suspended, either definitely or indefinitely, the
Consultant shall be compensated based on the last completed plan check. If the
plan check process is completed prior to the third plan check, 100% of the plan
check fee will be paid upon completion of the final plan check.
The Consultant shall separately invoice per plan and per plan check. No exceptions
will be allowed to the payment schedule.
Consultant also may be requested to provide general civil consulting services for
specific development related engineering projects for the City as applicable.
Payment shall be made in full at an hourly rate of:
#044 odq gntq ũ mn nudqshld+ sq`udk shld+ dwpenses or other administrative charges
will be allowable over and above the stated hourly rate schedule.
40
Exhibit C
Schedule of Performance
Consultant shall complete all services identified in the Scope of Services,
Dwghahs Ů@ů ne sghr @fqddldms hm `bbnqc`mce with the attached Project Schedule,
attached hereto and incorporated herein by this reference.
Consultant shall provide services for a term of twelve (12) months beginning July
1, 2014 and terminating on June 30, 2015.
OFFICE HOURS
The Consultant shall maintain normal office hours between 8:00 a.m. and 5:00
p.m., Monday through Friday. The Consultant shall be available to meet with City
Staff during normal working hours with 48 hours advance notice.
SCHEDULE
The Consultant shall adhere to the following plan check schedule:
Plan Submittal Plan Check Turn-Around (From Receipt from City Staff)
st
1 Plan Check 15 Working Days
nd
2 Plan Check 10 Working Days
rd
3 Plan Check 10 Working Days
For larger, more complex projects such as golf course developments, one (1)
additional week for the 1 st and 2 nd plan check shall be provided, if necessary to
complete a thorough plan check. The consultant shall advise the Contract Officer,
in writing, if additional time is needed.
Normal plan check operations will be conducted as follows:
1 st Submittal
st
Upon completing the 1 qduhdv+ sgd Bnmrtks`ms rg`kk rtalhs sgd Ůqdc khmdců ok`mr
and a copy of the applicable Plan Check List to the City. The City will provide
supplemental comment as necessaqx `mc enqv`qc Ůqdc khmdců plans to the applicant.
2 nd and Subsequent Submittals
nd
Upon receipt of the 2 round plan check submittal from the applicant and upon
nd
completing the 2qduhdv+ sgd Bnmrtks`ms rg`kk rtalhs Ůqdc khmdců ok`mr `mc ` bnox
nd
of the applicable 2review Plan Check List to the City. The City will provide
nd
supplemental comment as applicable and forward 2qduhdv Ůqdc khmdců ok`mr sn sgd
applicant. The process of applicant correction, Consultant review followed by City
qduhdv `mc Ůqdc khmdců ok`m qdstqm sn `pplicant shall continue until approvable plans
are generated and a plan approval letter is submitted to the City by the Consultant.
Last revised 2-5-14 22
41
If necessary, the Consultant shall be available to meet with City staff and/or the
applicant to review the plan check comments. The Consultant will communicate
directly with the applicant regarding plan check issues and clarifications. The City
desires an average of no more than 3 plan check rounds before final plan approval.
The Consultant shall also maintain a plan check log as follows to track the plan
check status. The plan check log shall include the following information:
1)Receipt Date
2)Transmittal Dates
3)Who is Receiving the Information
4)Status of Plan Check
5)Project Description and City Plan Check Number
6)Plan Check Fees
The Consultant shall maintain all files for a period of three years. Copies of
requested files will be furnished to the City upon request.
42
Exhibit D
Special Requirements
At no additional cost to the City:
1.The Consultant shall provide a hand held (type) cellular telephone for each
plan checker assigned to the City Project(s) to assure rapid availability by
telephone.
2.The Consultant shall provide his or her own transportation to and from the
designated work site. Consultant will not be compensated for travel time to
and from designated work site.
3.The Consultant shall respond to requests for plan check within twenty-four
(24) hours.
4.The Consultant shall supply all necessary tools and materials to perform their
work.
Last revised 2-5-14 24
43
CITY MEETING DATE: July 1, 2014
ITEM TITLE: APPROVE SPECIFICATIONS AND
ENGINEER'S ESTIMATE AND AUTHORITZE STAFF TO
OBTAIN BIDS FOR FISCAL YEAR 2014/2015 SLURRY
SEAL PROGRAM
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: 4
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Approve the specifications and dmfhmddqŬr drshl`sd `mc `tsgnqhyd rs`ee sn nas`hm
bids for the Fiscal Year 2014/2015 Slurry Seal Program under the Pavement
Management Program Street Improvements.
EXECUTIVE SUMMARY:
As part of the Pavement Management Program (PMP) the City routinely
reconditions streets with an oil and sand mixture (i.e., slurry seal) in order to
extend the life of the pavement.
The specifications and construction cost estimate for the Fiscal Year (FY)
2014/2015 Slurry Seal Program are now complete and include an additive
alternate for refreshing striping on all major streets.
As the PMP is designed to ensure maximum service life of City streets, staff
recommends approval of this project for advertisement of bids.
FISCAL IMPACT:
The PMP is included within the FY 2014/2015 Capital Improvement Plan and
hmbktcdr #0+///+/// eqnl sgd BhsxŬr Fdmdq`k Etmc- A`rdc nm sgd dmfhmddqŬr
estimate, the project construction phase will use approximately $905,000, with the
balance used to cover soft costs; including design, inspection, administration, and
contingency. The PMP expenditure is ndbdrr`qx hm nqcdq sn ldds sgd BhsxŬr
Maintenance of Effort of $937,007 annually from the General Fund, which allows
the City to receive its share of Measure A half-cent sales tax proceeds.
44
BACKGROUND/ANALYSIS:
The Pavement Management Update Report, dated August 2012, provides an
inventory of City roadways including current conditions, roadway preservation
needs and a roadway improvement funding schedule. During FY 2014/2015, the
PMP recommended slurry and crack seal for streets in the Cove from Calle Tampico
to Calle Nogales (see Attachment 1). Additionally, staff has included the
intersection of Washington Street and Highway 111, which was scheduled for
slurry seal last fall (Attachment 2) as well as the first 750 feet of SilverRock Way,
which has experienced considerable wear since SilverRock opened in 2005. As per
past practice, staff has also included the refreshment of striping along major streets
as an additive alternate for this project.
The specifications and construction cost estimate is complete for the slurry and
crack seal project and is available for review at the Public Works Department
bntmsdq- Bnmshmfdms tonm Bhsx BntmbhkŬr approval to advertise the FY 2014/2015
Slurry Seal Program on July 1, 2014, the following is the anticipated project
schedule:
City Council Bid Authorization July 1, 2014
Bid Period July 1 thru July 23, 2014
Bid Opening July 24, 2014
Award of Project August 5, 2014
Construction August through October 2014
Accept Improvements October 2014
ALTERNATIVES:
Since the PMP program is necessary to ensure maximum service life of City streets
and this project is best constructed during summer months when there is less
disruption to motorists and residents, no alternative is recommended.
Report prepared by: Bryan McKinney, Principal Engineer
Report approved for submission by: Timothy R. Jonasson, P.E.
Public Works Director/City Engineer
Attachments: 1. Slurry Seal Location Map
2. Slurry Seal Washington Street and Highway 111
Intersection Limits Map
45
46
47
49
CITY MEETING DATE: July 1, 2014
ITEM TITLE:
APPROVE AMENDMENT NO. 1 TO THE
AGREEMENT WITH RUTAN & TUCKER, LLP LEGAL
SERVICES AND DESIGNATION OF CITY ATTORNEY
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: 5
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Approve Amendment No. 1 to Rutan & Tucker, LLP Agreement for Contract Legal
Services and approve the appointment of William H. Ihrke as City Attorney.
EXECUTIVE SUMMARY:
The Contract for Legal Services with Rutan & Tucker (Rutan) has not been
updated since 2010.
L- J`sgdqhmd Idmrnm+ sgd BhsxŬr btqqdnt Rutan attorney, specializes in land
use litigation and California Environmental Quality Act matters.
Mr. Ihrke, also an attorney with Rutan, specializes in areas that the City will
require in the upcoming year.
Rutan is proposing an amendment to the agreement to appoint Mr. Ihrke as
the City Attorney and Ms. Jenson as the Assistant City Attorney. In
addition, the Amendment updates the contract insurance requirements.
FISCAL IMPACT:
No changes are proposed to the rates charged by Rutan.
BACKGROUND/ANALYSIS:
Rutan has provided legal services for the City since the 1990s and became the
contract City Attorney in 2000. Ms. Jenson has served as City Attorney since that
time. Ms. Jenson is an equity partner at Rutan and serves as the Chair of the
50
Rutan Land Use/Natural Resources Practice Group, and her practice focuses
primarily on CEQA and land use litigation.
Mr. Ihrke is also an equity partner at Rutam `mc hr sgd Bg`hq ne Qts`mŬr @eenqc`akd
Housing & Economic Development Practice Group. Among other state-wide and
regional organizations, he has led regular conference calls and advisory meetings
enq sgd Kd`ftd ne B`khenqmh` BhshdrŬ Onrs-Redevelopment Working Group, and he has
extensive experience in post redevelopment agency legal work. While Mr. Ihrke
g`mckdr khshf`shnm+ hmbktchmf sgd BhsxŬr khshfation against the Department of Finance,
his primary focus is on transactional and advisory work, including development
financing involving public agencies, post Redevelopment Agency wind down
issues, review and compliance with state and local entitlement laws, and affordable
housing and real estate transactions. Mr. Ihrke also has extensive experience
advising elected and appointed public officials on open meeting laws, public records
requirements, and conflict-of-interest matters. Given the nature of the most
rhfmhehb`ms vnqj enq sgd Bhsx @ssnqmdxŬr Department in the upcoming year, Rutan
has recommended that Mr. Ihrke be designated as the City Attorney and that Ms.
Jenson be designated as the Assistant City Attorney.
Amendment No. 1 also updates the insurance requirements to reflect the existing
standard terms (Attachment 1). No change in the fee schedule is proposed.
ALTERNATIVES:
Council may provide direction as to alternative changes to the proposed agreement.
Report prepared by: M. Katherine Jenson, Rutan & Tucker, LLP, City Attorney
Report approved for submission by: Frank J. Spevacek, City Manager
Attachment: 1. Amended Agreement
51
ATTACHMENT1
AMENDMENT NO. 1 TO AGREEMENT FOR
CONTRACT LEGAL SERVICES
THIS AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT LEGAL
SERVICES (“Amendment”) is made and entered into as of the 2nd day of July, 2014
(“Effective Date”), by and between the CITY OF LA QUINTA, a California municipal
corporation (“City”), and RUTAN & TUCKER, LLP, a limited liability partnership
(“Rutan”).
R E C I T A L S:
A. Rutan has served as the contract City Attorney for the City since June
2000.
B. The most recent Agreement for Contract Legal Services (“Contract”)
between the City and Rutan was entered into on June 21, 2010.
C. The City and Rutan wish to amend the Contract to update the insurance
requirements and to re-designate the positions of City Attorney and Assistant City
Attorney.
A M E N D M E N T:
In consideration of the foregoing Recitals, which are incorporated herein by this
reference, and the covenants and promises hereinafter contained, and for other good
and valuable consideration, the sufficiency and receipt of which are hereby
acknowledged, the parties hereto agree as follows:
I.
Section 4.1 of the Contract shall be amended to read as follows:
4.1 R&T as General Counsel.
William H. Ihrke is designated, effective July 2, 2014, as the City Attorney and
Successor Agency’s general counsel, and shall have the primary responsibility for
coordination of all legal services for the City and Agency. M. Katherine Jenson was
designated, effective June 27, 2000, as the City Attorney and Successor Agency's
general counsel, and is designated, effective July 2, 2104, as the Assistant City
Attorney and Assistant Agency Counsel. During the term of this Agreement, City
Attorney will be either William H. Ihrke or M. Katherine Jenson, as determined by the
City Council.
II.
Section 4.6 of the Contract shall be amended to read as follows:
4.6 Insurance.
4.6.1 Insurance. Prior to the beginning of and throughout the duration of the
Work performed under this Agreement, Rutan shall procure and maintain, at its cost,
119/015610-0002
-1-
7188403.1 a06/25/14
52
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 Rutan's acts or omissions rising out of or related to Rutan'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 Rutan'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)
Rutan 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 Rutan, its officers, any person directly or indirectly employed by Rutan,
any subcontractor or agent, or anyone for whose acts any of them may be liable, arising
directly or indirectly out of or related to Rutan's performance under this Agreement. If
Rutan or Rutan’s employees will use personal autos in any way on this project, Rutan
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 Rutan'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 Rutan 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.
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Rutan 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 Rutan's obligation to
indemnify City, its officers, employees, contractors, subcontractors, or agents.
4.6.2 Remedies. In addition to any other remedies City may have if Rutan 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 Rutan to stop work under this Agreement and/or withhold any
payment(s) which become due to Rutan hereunder until Rutan 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
Rutan'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 Rutan
may be held responsible for payments of damages to persons or property resulting from
Rutan's or its subcontractors' performance of work under this Agreement.
4.6.3 General Conditions pertaining to provisions of insurance coverage by
Rutan. Rutan and City agree to the following with respect to insurance provided by
Rutan:
1. Rutan 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. Rutan also agrees to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Rutan, or Rutan’s employees, or agents, from waiving the right of subrogation
prior to a loss. Rutan 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.
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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. Rutan 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 Rutan’s general liability policy, shall be delivered to City at or
prior to the execution of this Agreement. In the event such proof of any insurance is not
delivered as required, or in the event such insurance is canceled at any time and no
replacement coverage is provided, City has the right, but not the duty, to obtain any
insurance it deems necessary to protect its interests under this or any other agreement
and to pay the premium. Any premium so paid by City shall be charged to and promptly
paid by Rutan or deducted from sums due Rutan, at City option.
8. It is acknowledged by the parties of this agreement that all insurance
coverage required to be provided by Rutan 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. Rutan agrees to ensure that subcontractors, and any other party involved with
the project that is brought onto or involved in the project by Rutan, provide the same
minimum insurance coverage required of Rutan. Rutan 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. Rutan agrees that upon
request, all agreements with subcontractors and others engaged in the project will be
submitted to City for review.
10. Rutan 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 Rutan’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 Rutan, which may include
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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 Rutan ninety (90)
days advance written notice of such change. If such change results in substantial
additional cost to the Rutan, 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. Rutan acknowledges and agrees that any actual or alleged failure on the
part of City to inform Rutan 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.
14. Rutan 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. Rutan 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 Rutan’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 Rutan under this agreement. Rutan 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.
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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. Rutan 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 Rutan 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.
21. Rutan agrees to provide immediate notice to City of any claim or loss against
Rutan 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.
III.
All other provisions of the existing Agreement will remain the same.
“CITY”
CITY OF LA QUINTA, a municipal
corporation
Date:
Frank J. Spevacek, City Manager
ATTEST:
Susan Maysels, City Clerk
“RUTAN”
RUTAN & TUCKER, LLP
Dated:
M. Katherine Jenson, City Attorney
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CITY MEETING DATE: July 1, 2014
ITEM TITLE:
APPROVE OVERNIGHT TRAVEL FOR TWO
COUNCIL MEMBERS, CITY MANAGER AND
ASSISTANT TO CITY MANAGER TO ATTEND
LEAGUE OFCALIFORNIA CITIES ANNUAL
CONFERENCE IN LOS ANGELES, CALIFORNIA
SEPTEMBER 3-5, 2014
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: 6
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Authorize overnight travel for Council Members Henderson and Evans, City
Manager Spevacek and Assistant to City Manager Escobedo to attend the League
of California Cities Annual Conference being held in Los Angeles, California,
September 3-5, 2014.
EXECUTIVE SUMMARY:
The League of California Cities (League) is an association of California city
officials who work together to enhance their knowledge and skills, exchange
information, and combine resources so that they may influence policy
decision that affect cities.
The League's Annual Conference provides attendees the opportunity to
participate in education sessions and discussion forums. Additionally,
meetings of the League's Board, Policy Committees and Regional Divisions
are scheduled.
Networking opportunities are provided to attendees to share experiences and
knowledge.
FISCAL IMPACT:
Costs associated with this conference will be funded through the Fiscal Year
2014/2015 Budget, which has allocated funds for travel, training and meetings for
City Council, City Manager and staff. Estimated expenditures for each attendee are
as follows:
58
Conference registration: $ 500.00
Lodging and meals (two nights): $ 700.00
Travel (mileage and parking): $ 275.00
TOTAL $1475.00
BACKGROUND/ANALYSIS:
Sgd Kd`ftdŬr @mmt`k Bnmedqdmbd oqnuhcdr sgd noonqstmhsx enq knb`k kd`cdqr sn kd`qm
from leading experts as well as from their peers. Education sessions and forums
will include topics such as communication, governance, technology and service
delivery. City Manager Spevacek and Assistant to City Manager Escobedo will be
guest presenters for one of the education sessions.
Hm `cchshnm+ sgd Kd`ftdŬr @mmt`k Atrhmdrr Lddshmf+ gdkc ctqhmf sgd Fdmdq`k
Assembly, takes action on resolutions that establish League policy. Council
Ldladq Du`mr g`r addm cdrhfm`sdc `r sgd BhsxŬr unshmf cdkdf`sd-
ALTERNATIVES:
As it is crucial to have City representashnm `s sgd Kd`ftdŬr @mmt`k Atrhmdrr lddshmf
and the City Manager and Assistant to City Manager will be presenters during one
of the education sessions, staff does not recommend an alternative.
Report prepared by: Wanda P. Wise-Latta, Executive Assistant
Report approved for submission by: Frank J. Spevacek, City Manager
59
CITY MEETING DATE: July 1, 2014
ITEM TITLE: ADOPT RESOLUTION TO APPROVE
RIVERSIDE COUNTY COOPERATION AGREEMENT FOR
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS,
HOME INVESTMENT PARTNERSHIP PROGRAM, AND
EMERGENCY SHELTER GRANT FUNDS FOR FISCAL
YEARS 2015 THROUGH 2017
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: 7
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Adopt a resolution approving the Riverside County Cooperation Agreement for
Community Development Block Grant Funds, Home Investment Partnership
Program, and Emergency Shelter Grant Funds for Fiscal Years 2015 through 2017
and authorize the Mayor to execute said agreement.
EXECUTIVE SUMMARY:
The County of Riverside is currently in the process of applying for Urban
County qualification with the United States Department of Housing and Urban
for the period of July 1, 2015 through June 30, 2018.
In order for the County to participate and receive program funding for the
qualify as an Urban County.
As part of the HUD application process, the County must have Cooperation
established with participating cities that cover the
Urban County qualification period.
The City must enter into an Agreement with the County to be eligible to
receive CDBG funds and to apply for Home Investment Partnership (HOME)
The existing three-year Cooperation Agreement expires June 30, 2015. A new
s qualification process, which will be
effective July 1, 2015 through June 30, 2018.
60
FISCAL IMPACT:
There is no fiscal impact associated with approval of the Agreement. Renewing
would provide a three-year revenue source
for eligible CDBG projects.
BACKGROUND/ANALYSIS:
The CDBG program provides grants from HUD to local governments to provide
adequate housing, suitable living environments, and expansion of economic
opportunities to persons of very low, low, and moderate income. The City has
participated in the CDBG program since 1983. The County Economic
Development Agency is in the process of requalifying as an Urban County with
HUD, enabling the County to receive annual CDBG, HOME, and ESG program
funds. The County acts as the intermediary between HUD and the City in the
distribution of CDBG funds.
City ion
in the HOME and ESG programs. These programs do not require City staff support
or funding; the City acts as a liaison by providing program information to interested
residents.
The existing three-year Agreement with the County expires June 30, 2015.
However, as part of the Urban County qualification process, HUD requires the
County establish Agreements covering the Urban County qualification period from
July 1, 2015 to June 30, 2018. Therefore, a new Agreement between the City
and Riverside County is required at this time. Key provisions of the Agreement
include:
City and County are obligated to take all actions necessary to assure
compliance with all applicable federal statutes.
City develops a Community Development Plan for the term of the Agreement.
City must follow the approved Citizen Participation Plan.
City certifies there is no undue influence in the appropriation of granted CDBG
funds.
The City cannot opt out of the CDBG program during the Agreement period.
ALTERNATIVES:
Council may opt to not approve the Agreement; however, such action would result
in the loss of CDBG funds and in the discontinuation of projects/services provided
61
by these funds.
Report prepared by: Carla Triplett, Housing Coordinator
Report approved for submission by: Les Johnson, Community
Development Director
Attachment: 1. Cooperation Agreement for Community Development
Block Grant Funds for Fiscal Years 2015-2017
62
63
RESOLUTION NO. 2014 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, AUTHORIZING
PARTICIPATION IN THE COUNTY OF RIV
URBAN COUNTY PROGRAM FOR FISCAL YEARS 2015-
2016, 2016-2017, 2017- 2018
WHEREAS, the City of La Quinta has elected to participate as unit of local
for Federal Fiscal Years 2015-2016, 2016-2017, and 2017-2018; and
WHEREAS, the Cooperation Agreement will allow the City to carry-out
activities which are funded by Community Development Block Grant (CDBG) and
Home Investment Partnership Program (HOME) funds; and
WHEREAS, the Cooperation Agreement will allow the Cooperating City to
participate in the Urban County Consolidated Planning Programs.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
La Quinta, California, as follows:
SECTION 1.
The Cooperation Agreement between the County of Riverside and the City of La
Quinta is hereby approved; and
SECTION 2.
The City Council hereby authorizes and directs the Mayor to execute the
Cooperation Agreement on behalf of the City of La Quinta.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta
City Council held on this 1st day of July, 2014, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
64
Resolution No. 2014-
Cooperation Agreement for Urban County Qualification
Adopted: July 1, 2014
Page 2
_____________________________
DON ADOLPH, Mayor
City of La Quinta, California
ATTEST:
__________________________________________
SUSAN MAYSELS, City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
_______________________________________
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
65
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74
75
76
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79
CITY MEETING DATE: July 1, 2014
ITEM TITLE: APPROVE FIRST AMENDMENT TO
EMPLOYMENT AGREEMENT FOR CITY MANAGER
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: 8
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Approve the First Amendment to the Employment Agreement between the City of
La Quinta and the City Manager.
EXECUTIVE SUMMARY:
The City of La Quinta entered into an employment agreement ("Agreement")
with the City Manager on June 4, 2012.
According to the Agreement, the City Council conducts an annual
performance evaluation, which includes review of salary and/or benefits.
On June 17, 2014, Council conducted the performance evaluation and
recommended an amendment to the Agreement.
The attached amendment (Attachment 1) sets forth the change to the terms
of employment, pursuant to the Municipal Code, between the City of La
Quinta and the City Manager.
FISCAL IMPACT:
None.
BACKGROUND/ANALYSIS:
The City Council met in Closed Session on June17, 2014 to provide the City
Manager with his annual performance evaluation, per the provisions of his
80
Agreement. The Agreement between the City of La Quinta and the City Manager
contains a provision, which provides for an annual evaluation by Council of the City
L`m`fdqŬr odqenql`mbd- Hs rs`sdr+ hm o`qs9
ŮDloknxdq `fqddr sn qduhdv r`hc a`rd r`k`ry and/or other benefits of Employee at
the time of an annual evaluation which shall be initiated no later than the end of
May each year. Employer may recommend adjustments to salary and/or other
admdehsr ctqhmf sgd shld odqhnc sg`s sgd `mmt`k qduhdv hr odqenqldc-ů
Council is recommending an amendment to sgd Bhsx L`m`fdqŬr @fqddldms sg`s
grants the City Manager an additional 40 hours of Administrative Leave between
July 1, 2014 and December 31, 2014, and an increase to his annual Administrative
Leave of 120 hours per year, beginning January 1, 2015. The amendment reflects
this revision. All other terms remain as set forth in the original Employment
Agreement.
ALTERNATIVES:
As Council recommended this amendment, staff has no alternative
recommendations.
Report prepared by: Terry Deeringer, Human Resources/Risk Manager
Report approved for submission by: Frank J. Spevacek, City Manager
Attachment 1: Amendment
81
ATTACHMENT1
FIRST AMENDMENT TO EMPLOYMENT AGREEMENT
This FIRST AMENDMENT TO EMPLOYLDMS @FQDDLDMS 'ŮEhqrs @ldmcldmsů(
is made and entered as of Itkx 0+ 1/03 'ŮDeedbshud C`sdů(+ ax `mc adsvddm sgd Bhsx
ne K` Pthms`+ ` otakhb ancx 'ŮBhsxů nq ŮDloknxdqů(+ `mc Eq`mj I- Rodu`bdj+ `m
hmchuhct`k 'ŮDloknxddů(+ ansg ne whom understand as follows:
WITNESSETH:
WHEREAS, the parties entered into an Employment Agreement as of June 4,
2012 for a term of June 4, 2012 through June 3, 2015; and
WHEREAS, the parties now desire to amend the Employment Agreement.
NOW, THEREFORE, in consideration of the mutual covenants herein contained,
the parties agree as follows:
Section 1.
Section 7 of the Employment Agreement is amended to provide the City Manager
with an additional 40 hours of Administrative Leave between July 1, 2014 and
December 31, 2014, and increasing the total Administrative Leave from 80 hours to
120 hours effective January 1, 2015.
Section 2.
The annual salary in Section 7 of the Employment Agreement was increased from
$195,000 to $198,900 effective July 1, 2012 to reflect a 2% COLA given to all
employees at that time.
Section 3.
The addresses in Section 12 of the Employment Agreement have been revised to
reflect current mailing addresses for both parties, as follows:
EMPLOYER: CITY OF LA QUINTA
78-495 Calle Tampico
La Quinta, CA 92253
EMPLOYEE: Frank J. Spevacek
53065 Avenida Navarro
La Quinta, CA 92253
82
Section 4.
Except as specifically amended by this First Amendment, the Employment Agreement
remains in full force and effect.
IN WITNESS WHEREOF, the City of La Quinta has caused this First Amendment
to be signed and executed in its behalf by its Mayor, and duly attested by its City
Clerk, and the Employee has signed and executed this First Amendment, both in
duplicate, to become effective as of the Effective Date.
EMPLOYER:
CITY OF LA QUINTA
By:_______________________________
DON ADOLPH
Mayor of the City of La Quinta
ATTEST:
________________________________________
Susan Maysels, CITY CLERK
City of La Quinta, California
(City Seal)
APPROVED AS TO FORM:
________________________________________
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
EMPLOYEE:
By: _______________________________
Frank J. Spevacek
2
83
CITY MEETING DATE: July 1, 2014
ITEM TITLE: ADOPT RESOLUTION TO APPROVE
MEMORANDUM OF UNDERSTANDING BETWEEN
CITY OF LA QUINTA AND LA QUINTA CITY
EMPLOYEES' ASSOCIATION FOR FISCAL YEAR
2014/2015
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: 9
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Adopt a Resolution approving a Memorandum of Understanding between the City
of La Quinta and the La Quinta City Employees' Association for Fiscal Year
2014/2015.
EXECUTIVE SUMMARY:
The current Memorandum of Understanding (MOU) with the La Quinta
City Employees Association (LQCEA) expires on June 30, 2014.
The recommended MOU shall take effect on July 1, 2014 and shall
remain in effect through June 30, 2015.
The MOU implements:
A Pay for Performance Classification and Compensation
o
System, shown on Attachment 1 (Authorized Positions) and
Attachment 2 (Schedule of Salary Ranges). All employees
below the job rate of their new range shall be brought to the
salary closest to, but not lower than, their current salary.
Provides a one-time lump sum recognition payment (in lieu of a
o
Cost of Living Adjustment) of $1,500 for each LQCEA member
hired prior to January 1, 2014.
Increases the Educational Incentive Program total
o
reimbursement amount to $25,000 with a maximum fiscal year
reimbursement per employee of $2,500.
84
Grants an additional 4 hours of paid holiday time for Christmas
o
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(employees currently work a half day on both of these holidays).
The additional holiday hours would apply when either day when
falls on the weekend.
Updates the Computer Purchase Program policy to be less
o
restrictive on purchasing guidelines.
Will subsequently incorporate various legislative and procedural
o
amendments to the Personnel Policies, to be reviewed and
approved by the LQCEA prior to August 1, 2014.
FISCAL IMPACT:
The MOU with LQCEA will cost $110,000 to implement the salary adjustments and
one-time recognition payments. The FY 2014/14 Central Services budget contains
$120,000 to implement the Pay for Performance Classification and Compensation
System.
BACKGROUND/ANALYSIS:
The City and LQCEA, in a series of meetings beginning March 6, 2014, met and
conferred on matters relating to employment conditions and employer/employee
relations including wages, hours, and other terms of employment. The LQCEA
Negotiating Team worked diligently to explore and craft ways to assist the City in
implementing the Pay for Performance Classification and Compensation System and
other negotiable items in a manner that was beneficial to everyone. The attached
MOU (Exhibit A of the Resolution) is the result of these meetings and discussions.
A summary of the most significant changes from the previous MOU are outlined
below:
Term 1 year, beginning July 1, 2014 and ending June 30,
2015
Salary A new Classification and Compensation System tied
to a Pay for Performance compensation model adjusts
salaries where appropriate to align with the new Salary
Schedule; a one-time lump sum recognition payment of
$1,500 for all members hired prior to January 1, 2014
(not added to base salary and does not require a City or
employee PERS retirement contributions)
Medical, Dental, Vision & Existing medical cap remains at $1,312 per month; no
Life Insurance Coverage medical reopener during term of MOU
85
Educational Incentive Total budget increased to $25,000 with a maximum of
Program $2,500 per employee per fiscal year
Holidays Add 4 hours of paid holiday leave for Christmas Eve
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weekday. The additional holiday hours do not apply to
either day when they fall on a weekend
CalPERS RetirementDloknxdd bnmshmtdr sn o`x dloknxddŬr etkk rg`qd+ sn `
maximum of 8% of annual salary; the existing funding
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salary for each year of service at age 60 for employees
who are existing CalPERS members and 2% of an
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employees who join CalPERS
Personnel Policy To be reviewed and approved prior to finalization
Additions & Amendments(outlined in Exhibit A to the Resolution); these
amendments will incorporate the Classification and
Compensation System and Pay for Performance
compensation model
The Pay for Performance compensation model has traditionally been reserved for
the private sector, while many public sector dloknxdqr bnmshmtd sn tshkhyd ` Ůrsdo
`mc fq`cdů ldsgnc ne bnlodmr`shnm+ vghbh rewards employees for longevity rather
than performance. The Pay for Performance model is predicated on the belief that
employees should be compensated based on their performance, and those
employees whose performance exceeds the expectations of the organization are
duly rewarded for their efforts. The Performance Evaluation model used in a Pay
for Performance model is crafted such sg`s chrshmbshnmr adsvddm ` Ůrtbbdrretků
dloknxdd `mc `m Ůdwbdoshnm`ků dloknxdd `qd hcdmsheh`akd `mc ld`rtq`akd-
Employers are able to reward employees for exhibiting the behaviors that are
valued by and important to their organization, thus creating an environment of
greater innovation, creativity and job satisfaction.
ALTERNATIVES:
The City and Association have worked in a true spirit of cooperation to assemble
this MOU to equitably serve the needs of both parties. Approval of the MOU will
conclude a successful labor negotiation process. Staff does not recommend any
alternatives.
Report prepared by: Terry Deeringer, Human Resources/Risk Manager
Report approved for submission by: Frank J. Spevacek, City Manager
Attachments: 1. 2014/2015 Authorized Positions
2. 2014/2015 Schedule of Salary Ranges
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CITY MEETING DATE: July 1, 2014
ITEM TITLE: ADOPT RESOLUTION TOAPPROVE
SALARY AND BENEFIT ADJUSTMENTS FOR
MANAGEMENT, CONTRACT MANAGEMENT AND
CONFIDENTIAL EMPLOYEES FOR FISCAL YEAR
2014/2015 AND APPROPRIATE $30,000 FROM THE
UNASSIGNED GENERAL FUND BALANCE
AGENDA CATEGORY:
BUSINESS SESSION:
CONSENT CALENDAR: 10
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDED ACTION:
Adopt a Resolution approving salary and benefit adjustments for Management,
Contract Management and Confidential Employees for Fiscal Year 2014/2015 and
appropriate funds in the amount of $30,000 from the unassigned General Fund
balance.
EXECUTIVE SUMMARY:
The La Quinta City Employees' Assocation (LQCEA) has accepted a new
Memorandum of Understanding (MOU) for Fiscal Year 2014/2015.
The MOU contains a Pay for Performance Classification and Compensation
System, a one time lump sum recognition payment and other benefits that
affect the Management, Contract Management and Confidential Employees
who are not represented by the LQCEA.
A resolution adopting similar negotiated benefits for the Management,
Contract Management and Confidential Employees is needed to accomplish
this task.
FISCAL IMPACT:
The cost to implement the salary adjustments and one-time recognition payments is
approximately $40,000. The Fiscal Year 2014/14 Central Services budget
contains $120,000 to implement the Pay for Performance Classification and
Compensation System of which $10,000 remains after allocation to the LQCEA.
An additional $30,000 is needed from the unassigned General Fund balance to
cover the remainder.
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BACKGROUND/ANALYSIS:
Past practice has afforded the Management, Contract Management and
Confidential employees the same salary and benefit adjustments as provided to the
employees represented by the LQCEA. A summary of the most significant
negotiated benefits are outlined below:
Term 1 year term,beginning July 1, 2014 and ending June
30, 2015
Salary New Classification and Compensation System tied to a
Pay for Performance compensation model adjusting
salaries where appropriate to align with the new Salary
Schedule; a one-time lump sum recognition payment of
$1,500* for all members hired prior to January 1, 2014
(not added to base salary and does not require a City or
employee PERS retirement contribution)
(*Note: Positions excluded from the one-time lump sum recognition payment are
City Clerk, City Manager, Community Development Director, Community Services
Director, Finance Director and Public Works Director.)
Pay for PerformanceNew Performance Evaluation model applied to all
employees and to be implemented in accordance with
the Implementation Schedule set forth in the MOU
Medical, Dental, Vision Existing medical cap remains at $1,312 per month; no
& Life Insurance medical reopener during term of MOU
Coverage
Educational Incentive Total budget increased to $25,000 with a maximum of
Program $2,500 per employee per fiscal year
Holidays Add 4 hours of paid holiday leave for Christmas Eve and
Mdv Xd`qŬr Dud vgdm sgnre days fall on a weekday.
The additional holiday hours do not apply to either day
when they fall on the weekend
CalPERS Retirement Dloknxdd bnmshmtdr sn o`x dloknxddŬr etkk rg`qd+ to a
maximum of 8% of annual salary; the existing funding
formula upon retirement rem`hmr9 1$ ne `m dloknxddŬr
salary for each year of service at age 60 for employees
who are existing CalPERS members and 2% of an
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employees who join CalPERS
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Personnel Policy To be reviewed and approved prior to finalization (as
Additions & ntskhmdc hm sgd @rrnbh`shnmŬr LNT(
Amendments
The Pay for Performance compensation model has traditionally been reserved for
the private sector, while many public sector dloknxdqr bnmshmtd sn tshkhyd ` Ůrsdo
`mc fq`cdů ldsgnc ne bnlodmr`shnm+ vghbh rewards employees for longevity rather
than performance. The Pay for Performance model is predicated on the belief that
employees should be compensated based on their performance, and those
employees whose performance exceeds the expectations of the organization are
duly rewarded for their efforts. The Performance Evaluation model used in a Pay
for Performance model is crafted such sg`s chrshmbshnmr adsvddm ` Ůrtbbdrretků
dloknxdd `mc `m Ůdwbdoshnm`ků dloknxdd `qd hcdmsheh`akd `mc ld`rtq`akd-
Employers are able to reward employees for exhibiting the behaviors that are
valued by and important to their organization, thus creating an environment of
greater innovation, creativity and job satisfaction.
ALTERNATIVES:
BntmbhkŬr o`rs oq`bshbd g`r aden to grant the same salary and benefit changes to
the unrepresented employees as those acnosdc enq sgd K` Pthms` Bhsx DloknxddrŬ
Association. Accordingly, staff does not recommend any alternatives.
Report prepared by: Terry Deeringer, Human Resources/Risk Manager
Report approved for submission by: Frank J. Spevacek, City Manager
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RESOLUTION NO. 2014-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA, APPROVING SALARY
AND BENEFIT ADJUSTMENTS FOR NON-
REPRESENTED MANAGEMENT, CONTRACT
MANAGEMENT AND CONFIDENTIAL EMPLOYEES,
COMMENCING ON JULY 1, 2014, AND TERMINATING
JUNE 30, 2015
WHEREAS, the City of La Quinta, hereinafter referred to as "City" desires to
make salary and benefit adjustments for non-represented management, contract
management and confidential employees commencing on July 1, 2014 and
terminating June 30, 2015.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
La Quinta, California, as follows:
SECTION 1. The City does hereby ratify and approve, ratify and authorize for non-
represented management, contract management and confidential employees
implementation of salary and fringe benefit adjustments for Fiscal Year 2014/2015,
as set forth in Exhibit "A" attached hereto.
SECTION 2. The City recognizes contract management positions as the City Clerk,
City Manager, Community Services Director, Community Development Director,
Finance Director, Principal Engineer, and Public Works Director.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La uinta
Q
st
City Council held on this 1 day of July, 2014, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
DON ADOLPH, Mayor
City of La Quinta, California
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Resolution No. 2014-
Adoption of Salary & Benefits Adjustments for
Non-Represented Employees
Adopted: July 1, 2014
Page of 2
2
ATTEST:
_____________________________________
SUSAN MAYSELS, City Clerk
City of La Quinta, California
(City Seal)
APPROVED AS TO FORM:
_____________________________________
M. KATHERINE JENSON, City Attorney
City of La Quinta, California
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