RFP - X-Park Management and Maintenance Services
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REQUEST FOR PROPOSALS / QUALIFICATIONS
The City of La Quinta (City) seeks proposals from qualified firms to provide X Park
Management and Maintenance services for the City.
Project/Services Title: X Park Management and Maintenance Services
Issue Date: August 6, 2021
DUE DATE: August 30, 2021
Requesting Department: Community Resources Department
GENERAL TERMS AND CONDITIONS
1. SUBMISSION REQUIREMENTS
Proposals must be submitted via email or USB and must bear original or electronic signatures.
Submissions may be up to 20 pages (excluding the cover page) which shall be delivered via an
email as a .PDF format or a USB, to the following contact:
City of La Quinta
Attn: Michael Calderon, Community Resources Analyst
78495 Calle Tampico
La Quinta, California 92253
Tel: (760) 777 – 7014
Email: mcalderon@laquintaca.gov
Email Subject: RFP– North La Quinta Regional Skate & BMX Park Proposal
2. SUBMISSION RESTRICTIONS
All proposals must be submitted in writing; no oral, facsimile, or telephone proposals or
modifications will be considered. Proposals received after the due date and time are considered
non-responsive, and will be returned unopened.
3. QUESTIONS or REQUESTS FOR CLARIFICATIONS
Any requests for clarification or other questions concerning this RFP must be submitted in writing
by August 16, 2021; and sent via email to Michael Calderon, Community Resources
Analyst, mcalderon@laquintaca.gov
4. ERRORS AND OMISSIONS
If a proposer discovers any ambiguity, conflict, discrepancy, omission, or other error in the RFP
or any of its attachments, he/she shall immediately notify the City of such error in writing and
request modification or clarification of the document. Modifications will be made by addenda.
Clarifications will be provided in writing to all parties who have submitted proposals or who have
requested an RFP for purposes of preparing a proposal, without divulging the source of the
request.
If a proposer fails to notify the City prior to the date fixed for submission of proposals of an error
in the RFP known to him/her, or an error that reasonably should have been known to him/her,
he/she shall submit a proposal at his/her own risk, and if he/she is awarded an agreement,
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he/she shall not be entitled to additional compensation or time by reason of the error or any
corrections thereof.
5. MODIFICATIONS AND WITHDRAWALS OF SUBMITTED PROPOSALS
Proposer may withdraw proposals prior to the Submittal Deadline by submitting a written
request to Michael Calderon, Community Resources Analyst at mcalderon@laquintaca.gov.
Withdrawn proposals will be returned unopened.
Proposers may modify proposals prior to the Submittal Deadline by withdrawing their proposal
as noted above and re-submitting anew before the Submittal Deadline.
6. ADDENDA
The City may modify this RFP, any of its key action dates, or any of its attachments, prior to the
submittal deadline. Addenda will be numbered consecutively and noted following the RFP title.
It is the proposer’s responsibility to ensure they have incorporated all addenda. Failure to
acknowledge and incorporate addenda will not relieve the proposer from the responsibility to
meet all terms and conditions of the RFP and any subsequent addenda.
7. REJECTION OF PROPOSALS
The City may reject any or all proposals in whole or in part for any reason, including suspicion
of collusion among proposers, and may waive any immaterial deviation in a proposal. The City’s
waiver of an immaterial defect shall in no way modify the RFP as published or excuse the
proposer from full compliance with the specifications if he/she is awarded the agreement.
Proposals referring to terms and conditions other than the City’s terms and conditions as listed
in the RFP, may be rejected as being non-responsive.
The City may conduct an investigation as deemed necessary to determine the ability of the
proposer to perform the work, and the proposer shall furnish to the City all such information and
data for this purpose as requested by the City. The City reserves the right to reject any proposal
if the evidence submitted by, or investigation of, such proposer fails to satisfy the City that such
proposer is properly qualified to carry out the obligations of the agreement and to complete the
work specified.
8. CANCELLATION OF RFP
This RFP does not obligate the City to enter into an agreement. The City reserves the right to
cancel this RFP at any time, should the project be cancelled, the City loses the required funding,
or it is deemed in the best interest of the City. No obligation, either expressed or implied, exists
on the part of the City to make an award or to pay any cost incurred in the preparation or
submission of a proposal.
9. DISPUTES/PROTESTS
The City encourages proposers to resolve issues regarding the requirements or the procurement
process through written correspondence and discussions during the period in which clarifying
addenda may be issued. The City wishes to foster cooperative relationships and to reach a fair
agreement in a timely manner. Formal proposals for major professional and technical services
shall be governed by the City’s Purchasing Policy.
10. NEGOTIATIONS AND FINAL AGREEMENT
The City’s Agreement for Contract Services is enclosed as Attachment 1 for review prior to
submitting a proposal. An agreement will not be binding or valid with the City unless and until
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it is executed by authorized representatives of the City and of the selected proposer. At the
discretion of the City, any or all parts of the successful proposal shall be made a binding part of
the agreement.
11. PRICING ADJUSTMENTS
The City reserves the right to negotiate final pricing with the most qualified proposer. Pricing
shall remain firm for the entire initial term of the agreement. Thereafter, any proposed pricing
adjustment for additional periods, if any, shall be subject to the terms of the agreement.
12. SELECTION PROCESS
Proposals shall be reviewed and rated based on the information requested by this RFP, as well
as responses from references and clients, background checks, any research on proposers, and
other information pertinent to the evaluation process. Closely ranked firms may be asked to
furnish evidence of capability, equipment, and financial resources to adequately provide the
services.
13. RFP TIMELINE
RFP Issue Date:
August 6, 2021
Deadline for Proposers’ Questions:
August 16 2021
Proposals Submittal Deadline:
August 30, 2021
Complete Evaluations of Proposals:
September 6 – September 10, 2021
Agreement Negotiations and Signing, Proof
of Insurance Coverage, Forms 700:
September 13 – September 15, 2021
City Council Consideration and Approval:
October 19, 2021
Agreement Effective Date and
Project Start Date
November 1, 2021
14. PROPRIETARY, CONFIDENTIAL, AND PUBLIC INFORMATION
14.1 Proprietary and Trade Secret Information:
A copy of each proposal will be retained as an official record and will become open to
public inspection, unless the proposal or specific parts can be shown to be exempt by the
California Public Records Act [California Government Code §6250 et seq.]. Each proposer
may clearly label part of a proposal as “Confidential” if the proposer thereby agrees to
indemnify and defend the City for honoring such a designation. The failure to so label any
information that is released by the City will constitute a complete waiver of all claims for
damages caused by any release of the information. If a request for public records for
labeled information is received by the City, the City will notify the proposer of the request
and delay access to the material until seven working days after notification to the
proposer. Within that time delay, it will be the duty of the proposer to act in protection
of its labeled information. Failure to so act will constitute a complete waiver.
14.2 Confidential Information:
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Evaluation scores, weight factors, and negotiation notes are confidential and will not be
released or retained [California Government Code §6254(a)].
14.3 Public Information:
All proposals will be opened on September 6, 2021 and will be made available to the public
upon request. By submitting a proposal, the proposer acknowledges and accepts that the
content of the proposal and associated documents will become open to public inspection.
The final, executed agreement will be a public document. Proposals and other information
will not be returned.
15. PROPOSAL PREPARATION COSTS
Any costs incurred in the preparation of a proposal, preparation of changes or additions
requested by the City, presentation to the City, travel in conjunction with such presentations, or
samples of items, shall be entirely the responsibility of the proposer.
16. INSURANCE REQUIREMENTS and ACKNOWLEDGEMENT
Proposals must include a completed “Insurance Requirements Acknowledgment” form included
as Attachment 2 stating that, if selected, the proposer will provide the minimum insurance
coverage and indemnification noted in Exhibits E and F, respectively, of the City’s Agreement for
Contract Services.
Commercial General Liability (at least as broad as ISO CG 0001)
$1,000,000 (per occurrence); $2,000,000 (general aggregate)
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Noncontributory
Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,000,000 (per accident)
Personal Auto Declaration Page if applicable
Errors and Omissions Liability $1,000,000 (per claim and aggregate)
Worker’s Compensation (per statutory requirements)
Must include the following endorsements:
Worker’s Compensation Waiver of Subrogation
Worker’s Compensation Declaration of Sole Proprietor if applicable
17. NON-COLLUSION AFFIDAVIT
Proposals must include an executed Non-Collusion Affidavit, included as Attachment 3, executed
by an official authorized to bind the firm.
18. CONFLICT OF INTEREST
The City requires a Statement of Economic Interest (Form 700) to be filed by any proposer who
is involved in the making of decisions which may have a foreseeable material effect on any City
financial interest pursuant to the City’s Conflict of Interest Code and the California Political
Reform Act of 1974.
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19. LOCAL BUSINESS PREFERENCE
Local vendors are encouraged, but not required. For purposes of this section, ‘local’ shall be
defined as an individual, partnership, or corporation, which regularly maintains a place of
business within a 40-mile radius of the City.
20. CITY RIGHTS AND OPTIONS
The City reserves the right to:
▪ Make the selection based on its sole discretion.
▪ Issue subsequent RFP.
▪ Postpone opening proposals or selection for any reason.
▪ Remedy errors in the RFP or in the RFP process.
▪ Modify the Scope of Services in the RFP.
▪ Approve or disapprove the use of particular subcontractors.
▪ Negotiate with any, all or none of the proposers.
▪ Accept other than the lowest offer.
▪ Waive informalities and irregularities in proposals.
▪ Request additional information or clarification.
▪ Request revisions during negotiations.
▪ Invite any consultant of its choosing to assist with the evaluation of proposal responses
or to provide the City with a second opinion.
▪ Enter into an agreement with another proposer in the event the originally selected
proposer defaults or fails to execute an agreement with the City in a timely manner.
REQUESTED SERVICES
The City of La Quinta (City) seeks proposals from qualified firms to provide North La Quinta
Skate & BMX Park (X Park) Management and Maintenance services for the City. The Management
and Maintenance is for a three-(3) year period (November 1, 2021 – June 30, 2024) with an
option to renew and renegotiate the terms and compensation for two (2) additional one-year
periods (2024-2025, 2025-2026, and 2026-2027) at the City’s sole discretion.
I. INTRODUCTION
The X Park is anticipated to be complete by December 2021. The X Park will be the largest skate
park in the Coachella Valley and with two pump tracks it will be one of the largest facilities in
California. The X Park will have two bowls and features for beginners, advanced and professional
users, two pump tracks, pro-shop building with restrooms, 20 parking stalls, and spectating
areas. Due to the size of the skate park, a consensus was made to have the facility maintained
and supervised by an outside contractor who specializes in operating and promoting these types
of facilities.
The X Park is located on the southeast corner of Dune Palms Road and Blackhawk Way which is
directly east of La Quinta High School. Less than a mile north of the park are Amelia Earhart
Elementary School and John Glenn Middle School. There are residential communities all around
that park that will also attribute to the traction the facility will receive.
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II. SCOPE OF SERVICES
• Manage, promote, supervise, operate and maintain skate park and pro
shop/concession building. Services will include, but not limited to:
o Professional supervision of skate park during hours of operation.
▪ The skate park will be staffed with a minimum of two (2) trained staff
members over the age of eighteen (18) during all hours of operation.
▪ Two (2) qualified staff members to be present inside the skating
surface/facility during the most popular skating times and when there are
more than 100 participants in the skating area.
o The firm shall comply with all Federal, State and Local laws and statues
concerning safety. The firm shall manage all work areas to ensure the safety of
employees and visitors in the property.
▪ All Staff must be CPR and First Aid certified.
o Provide supervision of skate and BMX use during park hours of operation.
▪ Skate Park hours of operation are Monday-Friday 9:00AM-9:00PM and
Saturday and Sunday 9:00AM-9:00PM. Management Team may request
to reduce hours during school operation.
o Implement a participant data base.
▪ Track park users and secure liability waivers on file.
o Enforce rules, regulations, and safety standards.
▪ Supervise park users and insure proper gear is enforced, facility rules and
park ordinance(s) (Attachment 7)
o Provide safety gear rental equipment.
o Promote, provide, monitor, conduct lessons, special programs (camps), and
competitions throughout the year. Provide proposed schedule to the City, such
as:
▪ Camps – maximum of six (6) 5-day camps per year (30 participants per
camp).
▪ Lessons – maximum of one session per week (20 participants per
session).
▪ Contests – maximum of 8 per year (100 participants max per contest).
▪ Concerts – maximum of 12 per year (200 participants per competition).
o Provide necessary repairs, cleaning and regular/routine maintenance of facility.
Maintenance shall include janitorial services. Provide proposed scope and
schedule to the City.
o Operate and maintain a staff pro shop, provide all supplies, materials and
equipment necessary for operation, food and beverage, first aid, minor
equipment repairs, maintain inventory of equipment and merchandise, facility
skate operation, concession facility and operations. The City will collect a
percentage of monthly pro shop sales to be negotiated upon the execution of
contract services.
• Contractor must have at least five (5) years of experience operating a municipal skate
park facility and at least three (3) municipal park facilities currently in operation.
• Contractor will obtain and continue to maintain, in full force and effect during the term
of this contract, all necessary licenses, permits, policies, etc. to include but not be
limited to, a general and professional liability insurance policy naming the City of La
Quinta additionally insured in the amount of one million dollars and a City of La Quinta-
issued Business License.
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III. PROPOSAL FORMAT
Firms are encouraged to keep their proposals brief and relevant to the specific information
requested herein. Proposals should be straightforward, concise, and provide “layman”
explanation of technical terms that are used. The City is seeking a single Work Proposal and
a Cost Proposal. Given that this is a solicitation for professional services, the City will rank
the proposals based upon qualifications and cost. Only one proposal per consultant will be
considered.
All proposals shall be firm offers subject to acceptance by the City and may not be withdrawn
for a period of 180 calendar days following the last day to accept proposals. Proposals may not
be amended after the due date except by consent of the City. All proposals must clearly address
all of the requirements outlined in this RFP.
Proposal packages are to be submitted to the City on/or before Monday, August 30, 2021 at/or
before 5:00 p.m. Proposals received after the stated deadline shall not be accepted. Proposal
packages are to be delivered to:
Michael Calderon
Community Resources Analyst
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
All questions must be submitted in writing to the City via email to Michael Calderon at
mcalderon@laquintaca.gov on/or before August 16, 2021 at/or before 5:00 p.m.
Contractors are encouraged to keep their proposals brief and relevant to the specific work
required. Each proposal shall be limited to twenty (20) pages and must include a minimum of
three (3) references, which include the address, telephone number, and email address of each
reference. Resumes and brochures may be added provided they are located in the appendix at
the back of the proposal. Should the proposer have concerns about meeting any noted
requirements, the proposer shall include a clearly labeled subsection in the appendices with
individual statements specifically identifying the concerns and exceptions.
Proposals shall include the following
Present the proposals in a format and order that corresponds to the numbering and
lettering contained herein, with minimal reference to supporting documentation, so that
proposals can be accurately compared.
1. Cover Letter
Signed by an official authorized to bind the firm with name, address, phone number, and
email address of firm’s contract person, location of firm’s main office, location of the office
that would service this project, a validity statement that all information and pricing provided
in the proposal is valid for at least ninety (90) days, and a statement that any individual
who will perform work for the City is free of any conflict of interest.
Firms Background, Qualifications, and Experience, including the following:
(a) Number of years in business
(b) Taxpayer identification number
(c) Number of years performing skatepark management and maintenance services.
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(d) Resumes of the Project Manager and key personnel who will be responsible for
performance if any agreement results from this RFP.
(e) Firm ownership and if incorporated, list the state in which the firm is incorporated
and the date of incorporation
(f) If the firm is a subsidiary of a parent company, identify the parent company
(g) Statement of qualifications including details of pertinent experience of persons
directly involved in management, operation, and maintenance to which the proposal
relates, including resumes for prime and sub-contractors.
(h) Project Understanding and Approach - A description of the firm’s project
understanding and how the contractor team will approach the project.
(i) Scope of Work - A description of the tasks, sub-tasks, and deliverables that will be
provided. The Scope of Work should be presented in a logical format that can be
easily attached to the Agreement for Contract Services.
(j) Schedule of Events - A comprehensive calendar describing the nature and scheduling
of special events throughout the year.
(k) Schedule of Maintenance and Janitorial Services - A comprehensive calendar
describing the nature and scheduling of services throughout the year.
2. References of California government agencies (preferably cities utilizing)
(a) Client name, client project manager, telephone number, and email address
(b) Project description
(c) Project start date, and end date
(d) Staff assigned to each project by the firm
(e) Provide a summary of final outcome
3. Complete Pricing List
Proposal shall include a detailed fee schedule for the services requested by this RFP. Man-
hours and extended billing rates per classification of personnel will be indicated for each task
and/or sub-task defined.
4. Staffing and Project Organization
5. Subcontracting Services
Subcontracting any portion(s) of the Scope of Services is not preferable; however, if a
proposer can demonstrate to the City’s satisfaction that is in the best interest of the project
to permit a portion of the service(s) to be subcontracted by the proposer, it may be
considered. Provide details on the role of any subcontractor that will be used. Assignment
is prohibited.
6. Disclosures
Disclosure of any alleged significant prior or ongoing agreement failure, any civil or criminal
litigation or investigation pending, which involved the proposer or in which the proposer has
been judged guilty or liable within the last five (5) years. If there is no information to
disclose, proposer must affirmatively state there is no negative history.
7. Acknowledgement of Insurance Requirements (Attachment 2)
Proposals must include a written statement that, if selected, the proposer will provide the
minimum insurance coverage and indemnification noted in Exhibits E and F, respectively,
of the City’s Agreement for Contract Services included as Attachment 1.
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8. Non-Collusion Affidavit (Attachment 3)
Proposals must include an executed Non-Collusion Affidavit, included as Attachment 3,
executed by an official authorized to bind the firm.
9. Acknowledgement of Addenda (Attachment 4)
If any addendum/addenda are issued, the proposer shall initial the Acknowledgement of
Addenda, included as Attachment 4.
ATTACHMENTS
1. Agreement for Contract Services
2. Insurance Requirements Acknowledgement
Must be executed by proposer and submitted with the proposal
3. Non-Collusion Affidavit
Must be executed by proposer and submitted with the proposal
4. Addenda Acknowledgement
Must be executed by proposer and submitted with the proposal
5. Location Map
6. Evaluation Criteria
7. Park Ordinances
AGREEMENT FOR CONTRACT SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (the “Agreement”) is made
and entered into by and between the CITY OF LA QUINTA, (“City”), a California
municipal corporation, and Name[insert the type of business entity, e.g. sole
proprietorship, CA Limited Liability Corp, an S Corp.] (“Contracting Party”).
The parties hereto agree as follows:
1.SERVICES OF CONTRACTING PARTY.
1.1 Scope of Services. In compliance with all terms and conditions of
this Agreement, Contracting Party shall provide those services related to X
Park management and maintenance services, as specified in the “Scope of
Services” attached hereto as “Exhibit A” and incorporated herein by this
reference (the “Services”). Contracting Party represents and warrants that
Contracting Party is a provider of first-class work and/or services and
Contracting Party is experienced in performing the Services contemplated
herein and, in light of such status and experience, Contracting Party covenants
that it shall follow industry standards in performing the Services required
hereunder, and that all materials, if any, will be of good quality, fit for the
purpose intended. For purposes of this Agreement, the phrase “industry
standards” shall mean those standards of practice recognized by one or more
first-class firms performing similar services under similar circumstances.
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 and any Federal, State, or local governmental
agency of competent jurisdiction.
1.3 Wage and Hour Compliance, Contracting Party shall comply with
applicable Federal, State, and local wage and hour laws.
1.4 Licenses, Permits, Fees and Assessments. Except as otherwise
specified herein, Contracting Party 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, including a City of
La Quinta business license. Contracting Party and its employees, agents, and
subcontractors shall, at their sole cost and expense, keep in effect at all times
during the term of this Agreement any licenses, permits, and approvals that
are legally required for the performance of the Services required by this
Agreement. Contracting Party 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, and shall indemnify, defend (with
counsel selected by City), and hold City, its elected officials, officers,
ATTACHMENT 1
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employees, and agents, free and harmless against any such fees,
assessments, taxes, penalties, or interest levied, assessed, or imposed
against City hereunder. Contracting Party shall be responsible for all
subcontractors’ compliance with this Section.
1.5 Familiarity with Work. By executing this Agreement, Contracting
Party warrants that (a) it has thoroughly investigated and considered the
Services to be performed, (b) it has investigated the site where the Services
are to be performed, if any, and fully acquainted itself with the conditions
there existing, (c) it has carefully considered how the Services should be
performed, and (d) it fully understands the facilities, difficulties, and
restrictions attending performance of the Services under this Agreement.
Should Contracting Party discover any latent or unknown conditions materially
differing from those inherent in the Services or as represented by City,
Contracting Party shall immediately inform City of such fact and shall not
proceed except at Contracting Party’s risk until written instructions are
received from the Contract Officer, or assigned designee (as defined in
Section 4.2 hereof).
1.6 Standard of Care. Contracting Party acknowledges and
understands that the Services contracted for under this Agreement require
specialized skills and abilities and that, consistent with this understanding,
Contracting Party’s work will be held to an industry standard of quality and
workmanship. Consistent with Section 1.5 hereinabove, Contracting Party
represents to City that it holds the necessary skills and abilities to satisfy the
industry standard of quality as set forth in this Agreement. Contracting Party
shall adopt reasonable methods during the life of this Agreement to furnish
continuous protection to the Services performed by Contracting Party, 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 Services by City, except such losses or
damages as may be caused by City’s own negligence. The performance of
Services by Contracting Party shall not relieve Contracting Party 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
Contracting Party.
1.7 Additional Services. In accordance with the terms and conditions
of this Agreement, Contracting Party shall perform services in addition to
those specified in the Scope of Services (“Additional Services”) only when
directed to do so by the Contract Officer, or assigned designee, provided
that Contracting Party shall not be required to perform any Additional Services
without compensation. Contracting Party shall not perform any Additional
Services until receiving prior written authorization (in the form of a written
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change order if Contracting Party is a contractor performing the Services) from
the Contract Officer, or assigned designee, incorporating therein any
adjustment in (i) the Contract Sum, and/or (ii) the time to perform this
Agreement, which said adjustments are subject to the written approval of
Contracting Party. It is expressly understood by Contracting Party that the
provisions of this Section shall not apply to the Services specifically set forth
in the Scope of Services or reasonably contemplated therein. It is specifically
understood and agreed that oral requests and/or approvals of Additional
Services shall be barred and are unenforceable. Failure of Contracting Party
to secure the Contract Officer’s, or assigned designee’s written authorization
for Additional Services shall constitute a waiver of any and all right to
adjustment of the Contract Sum or time to perform this Agreement, whether
by way of compensation, restitution, quantum meruit, or the like, for
Additional Services provided without the appropriate authorization from the
Contract Officer, or assigned designee. Compensation for properly
authorized Additional Services shall be made in accordance with Section 2.3
of this Agreement.
1.8 Special Requirements. Additional terms and conditions of this
Agreement, if any, which are made a part hereof are set forth in “Exhibit D”
(the “Special Requirements”), which is incorporated herein by this reference
and expressly made a part hereof. In the event of a conflict between the
provisions of the Special Requirements and any other provisions of this
Agreement, the provisions of the Special Requirements shall govern.
2. COMPENSATION.
2.1 Contract Sum. For the Services rendered pursuant to this
Agreement, Contracting Party shall be compensated in accordance with
“Exhibit B” (the “Schedule of Compensation”) in a total amount not to exceed
Enter Amount Dollars per year for the life of the Agreement, encompassing
the initial and any extended terms. (the “Contract Sum”), except as provided
in Section 1.7. The method of compensation set forth in the Schedule of
Compensation may include a lump sum payment upon completion, payment
in accordance with the percentage of completion of the Services, payment for
time and materials based upon Contracting Party’s rate schedule, but not
exceeding the Contract Sum, or such other reasonable methods as may be
specified in the Schedule of Compensation. The Contract Sum shall include
the attendance of Contracting Party at all project meetings reasonably deemed
necessary by City; Contracting Party shall not be entitled to any additional
compensation for attending said meetings. 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
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method of compensation set forth in the Schedule of Compensation,
Contracting Party’s overall compensation shall not exceed the Contract Sum,
except as provided in Section 1.7 of this Agreement.
2.2 Method of Billing & Payment. Any month in which Contracting
Party wishes to receive payment, Contracting Party 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
Contracting Party specifying that the payment requested is for Services
performed in accordance with the terms of this Agreement. Upon approval in
writing by the Contract Officer, or assigned designee, and subject to
retention pursuant to Section 8.3, City will pay Contracting Party for all items
stated thereon which are approved by City pursuant to this Agreement no
later than thirty (30) days after invoices are received by the City’s Finance
Department.
2.3 Compensation for Additional Services. Additional Services
approved in advance by the Contract Officer, or assigned designee, pursuant
to Section 1.7 of this Agreement shall be paid for in an amount agreed to in
writing by both City and Contracting Party in advance of the Additional
Services being rendered by Contracting Party. Any compensation for
Additional Services amounting to five percent (5%) or less of the Contract
Sum may be approved by the Contract Officer, or assigned designee. Any
greater amount of compensation for Additional Services must be approved by
the La Quinta City Council, the City Manager, or Department Director,
depending upon City laws, regulations, rules and procedures concerning public
contracting. Under no circumstances shall Contracting Party receive
compensation for any Additional Services unless prior written approval for the
Additional Services is obtained from the Contract Officer , or assigned
designee, pursuant to Section 1.7 of this Agreement.
3. PERFORMANCE SCHEDULE.
3.1 Time of Essence. Time is of the essence in the performance of
this Agreement. If the Services not completed in accordance with the
Schedule of Performance, as set forth in Section 3.2 and “Exhibit C”, it is
understood that the City will suffer damage.
3.2 Schedule of Performance. All Services rendered pursuant to this
Agreement shall be performed diligently and within the time period
established in “Exhibit C” (the “Schedule of Performance”). Extensions to the
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time period specified in the Schedule of Performance may be approved in
writing by the Contract Officer, or assigned designee.
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 Contracting
Party, 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 Contracting Party shall within ten (10) days of
the commencement of such delay notify the Contract Officer, or assigned
designee, in writing of the causes of the delay. The Contract Officer , or
assigned designee, 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 the Contract Officer’s judgment such delay is justified, and the
Contract Officer’s determination, or assigned designee, shall be final and
conclusive upon the parties to this Agreement. Extensions to time period in
the Schedule of Performance which are determined by the Contract Officer , or
assigned designee, to be justified pursuant to this Section shall not entitle
the Contracting Party to additional compensation in excess of the Contract
Sum.
3.4 Term. Unless earlier terminated in accordance with the provisions
in Article 8.0 of this Agreement, the term of this agreement shall commence
on , and terminate on (“Initial Term”). This Agreement may
be extended for two (2) additional year(s) upon mutual agreement by both
parties (“Extended Term”), and executed in writing.
4. COORDINATION OF WORK.
4.1 Representative of Contracting Party. The following principals of
Contracting Party (“Principals”) are hereby designated as being the principals
and representatives of Contracting Party authorized to act in its behalf with
respect to the Services specified herein and make all decisions in connecti on
therewith:
(a) Don Thaler, Senior Vice President-
Tel No.
E-mail:
(b) Pearl Alonzo, General Mgr.
Tel No.
Email:
It is expressly understood that the experience, knowledge, capability,
and reputation of the foregoing Principals were a substantial inducement for
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City to enter into this Agreement. Therefore, the foregoing Principals shall be
responsible during the term of this Agreement for directing all activities of
Contracting Party and devoting sufficient time to personally supervise the
Services hereunder. For purposes of this Agreement, the foregoing Principals
may not be changed by Contracting Party and no other personnel may be
assigned to perform the Services required hereunder without the express
written approval of City.
4.2 Contract Officer. The “Contract Officer”, otherwise known as
the [ENTER NAME OF DEPARTMENT MANAGER OR DIRECTOR] or
assigned designee may be designated in writing by the City Manager of the
City. It shall be Contracting Party’s responsibility to assure that the Contract
Officer, or assigned designee, is kept informed of the progress of the
performance of the Services, and Contr acting Party shall refer any decisions,
that must be made by City to the Contract Officer , or assigned designee.
Unless otherwise specified herein, any approval of City required hereunder
shall mean the approval of the Contract Officer , or assigned designee. The
Contract Officer, or assigned designee, shall have authority to sign all
documents on behalf of City required hereunder to carry out the terms of this
Agreement.
4.3 Prohibition Against Subcontracting or Assignment. The
experience, knowledge, capability, and reputation of Contracting Party, its
principals, and its employees were a substantial inducement for City to enter
into this Agreement. Except as set forth in this Agreement, Contracting Party
shall not contract or subcontract 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
transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or
by operation of law, without the prior written approval of City. Transfers
restricted hereunder shall include the transfer to any person or group of
persons acting in concert of more than twenty five percent (25%) of the
present ownership and/or control of Contracting Party, taking all transfers into
account on a cumulative basis. Any attempted or purported assignment or
contracting or subcontracting by Contracting Party without City’s express
written approval shall be null, void, and of no effect. No approved transfer
shall release Contracting Party of any liability hereunder without the express
consent 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 Contracting
Party, its agents, or its employees, perform the Services required herein,
except as otherwise set forth herein. City shall have no voice in the selection,
discharge, supervision, or control of Contracting Party’s employees, servants,
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representatives, or agents, or in fixing their number or hours of service.
Contracting Party 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.
Contracting Party 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. City shall not
in any way or for any purpose become or be deemed to be a partner of
Contracting Party in its business or otherwise or a joint venture or a member
of any joint enterprise with Contracting Party. Contracting Party shall have
no power to incur any debt, obligation, or liability on behalf of City.
Contracting Party 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. Except for
the Contract Sum paid to Contracting Party as provided in this Agreement,
City shall not pay salaries, wages, or other compensation to Contracting Party
for performing the Services hereunder for City. City shall not be liable for
compensation or indemnification to Contracting Party for injury or sickness
arising out of performing the Services hereunder. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the
contrary, Contracting Party and any of its employees, agents, and
subcontractors providing services under this Agreement shall not qualify for
or become entitled to any compensation, benefit, or any incident of
employment by City, including but not limited to eligibility to enroll in the
California Public Employees Retirement System (“PERS”) as an employee of
City and entitlement to any contribution to be paid by City for employer
contributions and/or employee contributions for PERS benefits. Contracting
Party agrees to pay all required taxes on amounts paid to Contracting Party
under this Agreement, and to indemnify and hold City harmless from any and
all taxes, assessments, penalties, and interest asserted against City by reason
of the independent contractor relationship created by this Agreement.
Contracting Party shall fully comply with the workers’ compensation laws
regarding Contracting Party and Contracting Party’s employees. Contracting
Party further agrees to indemnify and hold City harmless from any failure of
Contracting Party to comply with applicable workers’ compensation laws. City
shall have the right to offset against the amount of any payment due to
Contracting Party under this Agreement any amount due to City from
Contracting Party as a result of Contracting Party’s failure to promptly pay to
City any reimbursement or indemnification arising under this Section.
4.5 Identity of Persons Performing Work. Contracting Party
represents that it employs or will employ at its own expense all personnel
required for the satisfactory performance of any and all of the Services set
forth herein. Contracting Party represents that the Services required herein
will be performed by Contracting Party or under its direct supervision, and
that all personnel engaged in such work shall be fully qualified and shall be
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authorized and permitted under applicable State and local law to perform such
tasks and services.
4.6 City Cooperation. City shall provide Contracting Party with any
plans, publications, reports, statistics, records, or other data or information
pertinent to the Services to be performed hereunder which are reasonably
available to Contracting Party only from or through action by City.
5. INSURANCE.
5.1 Insurance. Prior to the beginning of any Services under this
Agreement and throughout the duration of the term of this Agreement,
Contracting Party shall procure and maintain, at its sole cost and expense,
and submit concurrently with its execution of this Agreement, policies of
insurance as set forth in “Exhibit E” (the “Insurance Requirements”) which is
incorporated herein by this reference and expressly made a part hereof.
5.2 Proof of Insurance. Contracting Party shall provide Certificate of
Insurance to Agency along with all required endorsements. Certificate of
Insurance and endorsements must be approved by Agency’s Risk Manager
prior to commencement of performance.
6. INDEMNIFICATION.
6.1 Indemnification. To the fullest extent permitted by law,
Contracting Party shall indemnify, protect, defend (with counsel selected by
City), and hold harmless City and any and all of its officers, employees,
agents, and volunteers as set forth in “Exhibit F” (“Indemnification”) which is
incorporated herein by this reference and expressly made a part hereof.
7. RECORDS AND REPORTS.
7.1 Reports. Contracting Party shall periodically prepare and submit
to the Contract Officer, or assigned designee, such reports concerning
Contracting Party’s performance of the Services required by this Agreement
as the Contract Officer, or assigned designee, shall require. Contracting
Party hereby acknowledges that City is greatly concerned about the cost of
the Services to be performed pursuant to this Agreement. For this reason,
Contracting Party agrees that if Contracting Party becomes aware of any facts,
circumstances, techniques, or events that may or will materially increase or
decrease the cost of the Services contemplated herein or, if Contracting Party
is providing design services, the cost of the project being designed,
Contracting Party shall promptly notify the Contract Officer, or assigned
designee, of said fact, circumstance, technique, or event and the estimated
increased or decreased cost related thereto and, if Contracting Party is
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providing design services, the estimated increased or decreased cost estimate
for the project being designed.
7.2 Records. Contracting Party shall keep, and require any
subcontractors to keep, such ledgers, books of accounts, invoices, vouchers,
canceled checks, reports (including but not limited to payroll reports), studies,
or other documents relating to the disbursements charged to City and the
Services performed hereunder (the “Books and Records”), as shall be
necessary to perform the Services required by this Agreement and enable the
Contract Officer, or assigned designee, to evaluate the performance of such
Services. Any and all such Books and Records shall be maintained in
accordance with generally accepted accounting principles and shall be
complete and detailed. The Contract Officer, or assigned designee, shall
have full and free access to such Books and Records at all times during normal
business hours of City, including the right to inspect, copy, audit, and make
records and transcripts from such Books and Records. Such Books and
Records shall be maintained for a period of three (3) years following
completion of the Services hereunder, and City shall have access to such
Books and Records in the event any audit is required. In the event of
dissolution of Contracting Party’s business, custody of the Books and Records
may be given to City, and access shall be provided by Contracting Party’s
successor in interest. Under California Government Code Section 8546.7, if
the amount of public funds expended under this Agreement exceeds Ten
Thousand Dollars ($10,000.00), this Agreement shall be subject to the
examination and audit of the State Auditor, at the request of City or as part
of any audit of City, for a period of three (3) years after final payment under
this Agreement.
7.3 Ownership of Documents. All drawings, specifications, maps,
designs, photographs, studies, surveys, data, notes, computer files, reports,
records, documents, and other materials plans, drawings, estimates, test
data, survey results, models, renderings, and other documents or works of
authorship fixed in any tangible medium of expression, including but not
limited to, physical drawings, digital renderings, or data stored digitally,
magnetically, or in any other medium prepared or caused to be prepared by
Contracting Party, its employees, subcontractors, and agents in the
performance of this Agreement (the “Documents and Materials”) shall be the
property of City and shall be delivered to City upon request of the Contract
Officer, or assigned designee, or upon the expiration or termination of this
Agreement, and Contracting Party shall have no claim for further employment
or additional compensation as a result of the exercise by City of its full rights
of ownership use, reuse, or assignment of the Documents and Materials
hereunder. Any use, reuse or assignment of such completed Documents and
Materials for other projects and/or use of uncompleted documents without
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specific written authorization by Contracting Party will be at City’s sole risk
and without liability to Contracting Party, and Contracting Party’s guarantee
and warranties shall not extend to such use, revise, or assignment.
Contracting Party may retain copies of such Documents and Materials for its
own use. Contracting Party shall have an unrestricted right to use the
concepts embodied therein. All subcontractors shall provide for assignment
to City of any Documents and Materials prepared by them, and in the event
Contracting Party fails to secure such assignment, Contracting Party shall
indemnify City for all damages resulting therefrom.
7.4 In the event City or any person, firm, or corporation authorized
by City reuses said Documents and Materials without written verification or
adaptation by Contracting Party 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 Contracting Party
from liability resulting from said change. The provisions of this clause shall
survive the termination or expiration of this Agreement and shall thereafter
remain in full force and effect.
7.5 Licensing of Intellectual Property. This Agreement creates a non-
exclusive and perpetual license for City to copy, use, modify, reuse, or
sublicense any and all copyrights, designs, rights of reproduction, and other
intellectual property embodied in the Documents and Materials. Contracting
Party shall require all subcontractors, if any, to agree in writing that City is
granted a non-exclusive and perpetual license for the Documents and
Materials the subcontractor prepares under this Agreement. Contracting Party
represents and warrants that Contracting Party has the legal right to license
any and all of the Documents and Materials. Contracting Party makes no such
representation and warranty in regard to the Documents and Materials which
were prepared by design professionals other than Contracting Party or
provided to Contracting Party by City. City shall not be limited in any way in
its use of the Documents and Materials at any time, provided that any such
use not within the purposes intended by this Agreement shall be at City’s sole
risk.
7.6 Release of Documents. The Documents and Materials shall not be
released publicly without the prior written approval of the Contract Officer, or
assigned designee, or as required by law. Contracting Party shall not
disclose to any other entity or person any information regarding the activities
of City, except as required by law or as authorized by City.
7.7 Confidential or Personal Identifying Information. Contracting
Party covenants that all City data, data lists, trade secrets, documents with
personal identifying information, documents that are not public records, draft
documents, discussion notes, or other information, if any, developed or
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received by Contracting Party or provided for performance of this Agreement
are deemed confidential and shall not be disclosed by Contracting Party to any
person or entity without prior written authorization by City or unless required
by law. City shall grant authorization for disclosure if required by any lawful
administrative or legal proceeding, court order, or similar directive with the
force of law. All City data, data lists, trade secrets, documents with personal
identifying information, documents that are not public records, draft
documents, discussions, or other information shall be returned to City upon
the termination or expiration of this Agreement. Contracting Party’s covenant
under this section shall survive the termination or expiration of this
Agreement.
8. ENFORCEMENT OF AGREEMENT.
8.1 California Law. This Agreement shall be interpreted, construed,
and governed 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 Contracting
Party covenants and agrees to submit to the personal jurisdiction of such court
in the event of such action.
8.2 Disputes. In the event of any dispute arising under this
Agreement, the injured party shall notify the injuring party in writing of its
contentions by submitting a claim therefore. The injured party shall continue
performing its obligations hereunder so long as the injuring party commences
to cure such default within ten (10) days of service of such notice and
completes the cure of such default within forty-five (45) days after service of
the notice, or such longer period as may be permitted by the Contract Officer,
or assigned designee; provided that if the default is an immediate danger to
the health, safety, or 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 this Article 8.0. During the period of time that Contracting
Party is in default, City shall hold all invoices and shall, when the default is
cured, proceed with payment on the invoices. In the alternative, City may, in
its sole discretion, elect to pay some or all of the outstanding invoices during
any period of default.
8.3 Retention of Funds. City may withhold from any monies payable
to Contracting Party sufficient funds to compensate City for any losses, costs,
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liabilities, or damages it reasonably believes were suffered by City due to the
default of Contracting Party 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
Contracting Party 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 Contracting Party. 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 declaratory or injunctive relief, or
to obtain any other remedy consistent with the purposes of this Agreement.
8.7 Termination Prior To Expiration of Term. This Section shall govern
any termination of this Agreement, except as specifically provided in the
following Section 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 Contracting Party. Upon receipt of any notice of
termination, Contracting Party shall immediately cease all Services hereunder
except such as may be specifically approved by the Contract Officer, or
assigned designee. Contracting Party 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, or assigned designee, thereafter
in accordance with the Schedule of Compensation or such as may be approved
by the Contract Officer, or assigned designee, except amounts held as a
retention pursuant to this Agreement.
8.8 Termination for Default of Contracting Party. If termination is due
to the failure of Contracting Party to fulfill its obligations under this Agreement,
Contracting Party shall vacate any City-owned property which Contracting
Party is permitted to occupy hereunder and City may, after compliance with
the provisions of Section 8.2, take over the Services and prosecute the same
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to completion by contract or otherwise, and Contracting Party 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 Contracting Party for the purpose of setoff or partial payment
of the amounts owed City.
8.9 Attorneys’ Fees. If either party to this Agreement is required to
initiate or defend or made a party to any action or proceeding in any way
connected with this Agreement, the prevailing party in such action or
proceeding, in addition to any other relief which may be granted, whether
legal or equitable, shall be entitled to reasonable attorneys’ fees; provided,
however, that the attorneys’ fees awarded pursuant to this Section shall not
exceed the hourly rate paid by City for legal services multiplied by the
reasonable number of hours spent by the prevailing party in the conduct of
the litigation. Attorneys’ fees shall include attorneys’ fees on any appeal, and
in addition a party entitled to attorneys’ fees shall be entitled to all other
reasonable costs for investigating such action, taking depositions and
discovery, and all other necessary costs the court allows which are incurred in
such litigation. All such fees shall be deemed to have accrued on
commencement of such action and shall be enforceable whether or not such
action is prosecuted to judgment. The court may set such fees in the same
action or in a separate action brought for that purpose.
9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.
9.1 Non-liability of City Officers and Employees. No officer, official,
employee, agent, representative, or volunteer of City shall be personally liable
to Contracting Party, or any successor in interest, in the event or any default
or breach by City or for any amount which may become due to Contracting
Party or to its successor, or for breach of any obligation of the terms of this
Agreement.
9.2 Conflict of Interest. Contracting Party covenants that neither it,
nor any officer or principal of it, has or shall acquire any interest, directly or
indirectly, which would conflict in any manner with the interests of City or
which would in any way hinder Contracting Party’s performance of the
Services under this Agreement. Contracting Party further covenants that in
the performance of this Agreement, no person having any such interest shall
be employed by it as an officer, employee, agent, or subcontractor without
the express written consent of the Contract Officer , or assigned designee.
Contracting Party agrees to at all times avoid conflicts of interest or the
appearance of any conflicts of interest with the interests of City in the
performance of this Agreement.
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No officer or employee of City shall have any financial interest, direct
or indirect, in this Agreement nor shall any such officer or employee
participate in any decision relating to this Agreement which effects his financial
interest or the financial interest of any corporation, partnership or association
in which he is, directly or indirectly, interested, in violation of any State statute
or regulation. Contracting Party warrants that it has not paid or given and will
not pay or give any third party any money or other consideration for obtaining
this Agreement.
9.3 Covenant against Discrimination. Contracting Party covenants
that, by and for itself, its heirs, executors, assigns, and all persons claiming
under or through them, that there shall be no discrimination against or
segregation of, any person or group of persons on account of any
impermissible classification including, but not limited to, race, color, creed,
religion, sex, marital status, sexual orientation, national origin, or ancestry in
the performance of this Agreement. Contracting Party shall take affirmative
action to ensure that applicants are employed and that employees are treated
during employment without regard to their race, color, creed, religion, sex,
marital status, sexual orientation, national origin, or ancestry.
10. MISCELLANEOUS PROVISIONS.
10.1 Notice. Any notice, demand, request, consent, approval, or
communication either party desires or is required to give the other party or
any other person shall be in writing and either served personally or sent by
prepaid, first-class mail to the address set forth below. Either party may
change its address by notifying the other party of the change of address in
writing. Notice shall be deemed communicated forty-eight (48) hours from
the time of mailing if mailed as provided in this Section.
To City:
CITY OF LA QUINTA
Attention: Insert Contract Officer
78495 Calle Tampico
La Quinta, California 92253
To Contracting Party:
VENDORS COMPANY NAME
VENDORS CONTACT
VENDORS STREET ADDRESS
VENDORS CITY, STATE, ZIP
10.2 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed
for or against either party by reason of the authorship of this Agreement or
any other rule of construction which might otherwise apply.
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10.3 Section Headings and Subheadings. The section headings and
subheadings contained in this Agreement are included for convenience only
and shall not limit or otherwise affect the terms of this Agreement.
10.4 Counterparts. This Agreement may be executed in counterparts,
each of which shall be deemed to be an original, and such counterparts shall
constitute one and the same instrument.
10.5 Integrated Agreement. This Agreement including the exhibits
hereto is the entire, complete, and exclusive expression of the understanding
of the parties. It is understood that there are no oral agreements between
the parties hereto affecting this Agreement and this Agreement supersedes
and cancels any and all previous negotiations, arrangements, agreements,
and understandings, if any, between the parties, and none shall be used to
interpret this Agreement.
10.6 Amendment. No amendment to or modification of this Agreement
shall be valid unless made in writing and approved by Contracting Party and
by the City Council of City. The parties agree that this requirement for written
modifications cannot be waived and that any attempted waiver shall be void.
10.7 Severability. In the event that any one or more of the articles,
phrases, sentences, clauses, paragraphs, or sections contained in this
Agreement shall be declared invalid or unenforceable, such invalidity or
unenforceability shall not affect any of the remaining articles, p hrases,
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 unless the invalid provision is so material that its
invalidity deprives either party of the basic benefit of their bargain or renders
this Agreement meaningless.
10.8 Unfair Business Practices Claims. In entering into this Agreement,
Contracting Party offers and agrees to assign to City all rights, title, and
interest in and to all causes of action it may have under Section 4 of the
Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2,
(commencing with Section 16700) of Part 2 of Division 7 of the Business and
Professions Code), arising from purchases of goods, servi ces, or materials
related to this Agreement. This assignment shall be made and become
effective at the time City renders final payment to Contracting Party without
further acknowledgment of the parties.
10.9 No Third-Party Beneficiaries. With the exception of the specific
provisions set forth in this Agreement, there are no intended third -party
beneficiaries under this Agreement and no such other third parties shall have
any rights or obligations hereunder.
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10.10 Authority. The persons executing this Agreement on behalf of
each of the parties hereto represent and warrant that (i) such party is duly
organized and existing, (ii) they are duly authorized to execute and deliver
this Agreement on behalf of said party, (iii) by so executing this Agreement,
such party is formally bound to the provisions of this Agreement, and (iv) that
entering into this Agreement does not violate any provision of any other
Agreement to which said party is bound. This Agreement shall be binding
upon the heirs, executors, administrators, successors, and assigns of the
parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of
the dates stated below.
CITY OF LA QUINTA,
a California Municipal Corporation
JON McMILLEN, City Manager
City of La Quinta, California
Dated:
CONTRACTING PARTY:
By:
Name:
Title:
ATTEST:
MONIKA RADEVA, City Clerk
City of La Quinta, California
By:
Name:
Title:
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
(DIRECTOR TO DETERMINE IF THE FOLLOWING IS TO BE FOLLOWED OR
DELETED:)
NOTE: (1) TWO SIGNATURES ARE REQUIRED IF A CORPORATION’S
BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR
REGULATIONS APPLICABLE STATE THAT TWO SIGNATURES ARE REQUIRED
ON CONTRACTS, AGREEMENTS, AMENDMENTS, CHANGE ORDERS, ETC.
(2) CONTRACTING PARTY’S SIGNATURES SHALL BE DULY
NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY
BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATIO N, OR OTHER
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RULES OR REGULATIONS APPLICABLE TO CONTRACTING PARTY’S BUSINESS
ENTITY.
Exhibit A
Page 1 of 5 Last revised summer 2017
Exhibit A
Scope of Services
1. Services to be Provided:
[TO BE PROVIDED BY STAFF (include location of work)]
2. Performance Standards:
[TO BE PROVIDED BY STAFF]
OR
[See Attached]
Exhibit A
Page 2 of 5
ADDENDUM TO AGREEMENT
Re: Scope of Services
If the Scope of Services include construction, alteration, demolition,
installation, repair, or maintenance affecting real property or structures or
improvements of any kind appurtenant to real property, the following apply:
1. Prevailing Wage Compliance. If Contracting Party is a contractor
performing public works and maintenance projects, as described in this
Section 1.3, Contracting Party shall comply with applicable Federal, State, and
local laws. Contracting Party is aware of the requirements of California Labor
Code Sections 1720, et seq., and 1770, et seq., as well as California Code of
Regulations, Title 8, Sections 16000, et seq., (collectively, the “Prevailing
Wage Laws”), and La Quinta Municipal Code Section 3.12.040, which require
the payment of prevailing wage rates and the performance of other
requirements on “Public works” and “Maintenance” projects. If the Services
are being performed as part of an applicable “Public works” or “Maintenance”
project, as defined by the Prevailing Wage Laws, and if construction work over
twenty-five thousand dollars ($25,000.00) and/or alterations, demolition,
repair or maintenance work over fifteen thousand dollars ($15,000.00) is
entered into or extended on or after January 1, 2015 by this Agreement,
Contracting Party agrees to fully comply with such Prevailing Wage Laws
including, but not limited to, requirements related to the maintenance of
payroll records and the employment of apprentices. Pursuant to California
Labor Code Section 1725.5, no contractor or subcontractor may be awarded
a contract for public work on a “Public works” project unless registered with
the California Department of Industrial Relations (“DIR”) at the time the
contract is awarded. If the Services are being performed as part of an
applicable “Public works” or “Maintenance” project, as defined by the
Prevailing Wage Laws, this project is subject to compliance monitoring and
enforcement by the DIR. Contracting Party will maintain and will require all
subcontractors to maintain valid and current DIR Public Works contractor
registration during the term of this Agreement. Contracting Party shall notify
City in writing immediately, and in no case more than twenty-four (24) hours,
after receiving any information that Contracting Party’s or any of its
subcontractor’s DIR registration status has been suspended, revoked, expired,
or otherwise changed. It is understood that it is the responsibility of
Contracting Party to determine the correct salary scale. Contracting Party
shall make copies of the prevailing rates of per diem wages for each craft,
classification, or type of worker needed to execute the Services available to
interested parties upon request, and shall post copies at Contracting Party’s
principal place of business and at the project site, if any. The statutory
penalties for failure to pay prevailing wage or to comply with State wage and
hour laws will be enforced. Contracting Party must forfeit to City TWENTY -
Exhibit A
Page 3 of 5
FIVE DOLLARS ($25.00) per day for each worker who works in excess of the
minimum working hours when Contracting Party does not pay overtime. In
accordance with the provisions of Labor Code Sections 1810 et seq., eight
(8) hours is the legal working day. Contracting Party also shall comply with
State law requirements to maintain payroll records and shall provide for
certified records and inspection of records as required by California Labor Code
Section 1770 et seq., including Section 1776. In addition to the other
indemnities provided under this Agreement, Contracting Party shall defend
(with counsel selected by City), indemnify, and hold City, its elected officials,
officers, employees, and agents free and harmless from any claim or liability
arising out of any failure or alleged failure to comply with the Prevailing Wage
Laws. It is agreed by the parties that, in connection with performance of the
Services, including, without limitation, any and all “Public works” (as defined
by the Prevailing Wage Laws), Contracting Party shall bear all risks of payment
or non-payment of prevailing wages under California law and/or the
implementation of Labor Code Section 1781, as the same may be amended
from time to time, and/or any other similar law. Contracting Party
acknowledges and agrees that it shall be independently responsible for
reviewing the applicable laws and regulations and effe ctuating compliance
with such laws. Contracting Party shall require the same of all subcontractors.
2. Retention. Payments shall be made in accordance with the
provisions of Article 2.0 of the Agreement. In accordance with said Sections,
City shall pay Contracting Party a sum based upon ninety-five percent (95%)
of the Contract Sum apportionment of the labor and materials incorporated
into the Services under this Agreement during the month covered by said
invoice. The remaining five percent (5%) thereof shall be retained as
performance security to be paid to Contracting Party within sixty (60) days
after final acceptance of the Services by the City Council of City, after
Contracting Party has furnished City with a full release of all undisputed
payments under this Agreement, if required by City. In the event there are
any claims specifically excluded by Contracting Party from the operation of the
release, City may retain proceeds (per Public Contract Code § 7107) of up to
one hundred fifty percent (150%) of the amount in dispute. City’s failure to
deduct or withhold shall not affect Contracting Party’s obligations under the
Agreement.
3. Utility Relocation. City is responsible for removal, relocation, or
protection of existing main or trunk-line utilities to the extent such utilities
were not identified in the invitation for bids or specifications. City shall
reimburse Contracting Party for any costs incurred in locating, repairing
damage not caused by Contracting Party, and removing or relocating such
unidentified utility facilities. Contracting Party shall not be assessed liquidated
Exhibit A
Page 4 of 5
damages for delay arising from the removal or relocation of such unidentified
utility facilities.
4. Trenches or Excavations. Pursuant to California Public Contract
Code Section 7104, in the event the work included in this Agreement requires
excavations more than four (4) feet in depth, the following shall apply:
(a) Contracting Party shall promptly, and before the following
conditions are disturbed, notify City, in writing, of any: (1) material that
Contracting Party believes may be material that is hazardous waste, as
defined in Section 25117 of the Health and Safety Code, that is required to be
removed to a Class I, Class II, or Class III disposal site in accordance with
provisions of existing law; (2) subsurface or latent physical conditions at the
site different from those indicated by information about the site made
available to bidders prior to the deadline for submitting bids; or (3) unknown
physical conditions at the site of any unusual nature, different materially from
those ordinarily encountered and generally recognized as inherent in work of
the character provided for in the Agreement.
(b) City shall promptly investigate the conditions, and if it finds
that the conditions do materially so differ, or do involve hazardous waste, and
cause a decrease or increase in Contracting Party’s cost of, or the time
required for, performance of any part of the work shall issue a change order
per Section 1.8 of the Agreement.
(c) in the event that a dispute arises between City and
Contracting Party whether the conditions materially differ, or involve
hazardous waste, or cause a decrease or increase in Contracting Party’s cost
of, or time required for, performance of any part of the work, Contracting
Party shall not be excused from any scheduled completion date provided for
by this Agreement, but shall proceed with all work to be performed under this
Agreement. Contracting Party shall retain any and all rights provided either
by contract or by law which pertain to the resolution of disputes and protests
between the contracting Parties.
5. Safety. Contracting Party shall execute and maintain its work so
as to avoid injury or damage to any person or property. In carrying out the
Services, Contracting Party shall at all times be in compliance with all
applicable local, state, and federal laws, rules and regulations, and shall
exercise all necessary precautions for the safety of employees appropriate to
the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be
limited to: (A) adequate life protection and lifesaving equipment and
procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders,
Exhibit A
Page 5 of 5
bridges, gang planks, confined space procedures, trenching and shoring,
equipment and other safety devices, equipment and wearing apparel as are
necessary or lawfully required to prevent accidents or injuries; and
(C) adequate facilities for the proper inspection and maintenance of all safety
measures.
6. Liquidated Damages. Since the determination of actual damages
for any delay in performance of the Agreement would be extremely difficult or
impractical to determine in the event of a breach of this Agreement,
Contracting Party shall be liable for and shall pay to City the sum of One
Thousand dollars ($1,000.00) as liquidated damages for each working day of
delay in the performance of any of the Services required hereunder, as
specified in the Schedule of Performance. In addition, liquidated damages
may be assessed for failure to comply with the emergency call out
requirements, if any, described in the Scope of Services. City may withhold
from any moneys payable on account of the Services performed by
Contracting Party any accrued liquidated damages.
Exhibit B
Page 1 of 1
Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for
in Section 2.3 of this Agreement, the maximum total compensation to be paid
to Contracting Party under this Agreement is not to exceed
______________________ ($ __________) (“Contract Sum”). The Contract
Sum shall be paid to Contracting Party in installment payments made on a
monthly basis and in an amount identified in Contracting Party’s schedule of
compensation attached hereto for the work tasks performed and properly
invoiced by Contracting Party in conformance with Section 2.2 of this
Agreement.
Exhibit C
Page 1 of 1
Exhibit C
Schedule of Performance
Contracting Party shall complete all services identified in the Scope of
Services, Exhibit A of this Agreement, in accordance with the Project
Schedule, attached hereto and incorporated herein by this reference.
Exhibit D
Page 1 of 1
Exhibit D
Special Requirements
[insert Special Requirements or indicate “None” if there are none]
Exhibit E
Page 1 of 7
Exhibit E
Insurance Requirements
E.1 Insurance. Prior to the beginning of and throughout the duration of
this Agreement, 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)
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Non-contributory
Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,000,000 (per accident)
Personal Auto Declaration Page if applicable
Errors and Omissions Liability
$1,000,000 (per claim and aggregate)
Workers’ Compensation
(per statutory requirements)
Must include the following endorsements:
Workers Compensation with Waiver of Subrogation
Workers Compensation Declaration of Sole Proprietor if applicable
Cyber Liability
$1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Contracting Party 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 Contracting Party’s acts or omissions rising out of
or related to Contracting Party’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 Contracting Party’s
performance hereunder and neither City nor its insurers shall be required to
contribute to any such loss. An endorsement evidencing the foregoing and
naming the City and its officers and employees as additional insured (on the
Commercial General Liability policy only) must be submitted concurrently with
Exhibit E
Page 2 of 7
the execution of this Agreement and approved by City prior to commencement
of the services hereunder.
Contracting Party 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 Contracting
Party, its officers, any person directly or indirectly employed by Contracting
Party, any subcontractor or agent, or anyone for whose acts any of them may
be liable, arising directly or indirectly out of or related to Contracting Party’s
performance under this Agreement. If Contracting Party or Contracting
Party’s employees will use personal autos in any way on this project,
Contracting Party 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 Contracting
Party’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 Contracting Party 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.
Contracting Party 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.
Contracting Party shall procure and maintain Cyber Liability
insurance with limits of $1,000,000 per occurrence/loss which shall include
the following coverage:
a. Liability arising from the theft, dissemination and/or use of
confidential or personally identifiable information; including
credit monitoring and regulatory fines arising from such theft,
dissemination or use of the confidential information.
b. Network security liability arising from the unauthorized use of,
access to, or tampering with computer systems.
Exhibit E
Page 3 of 7
c. Liability arising from the failure of technology products
(software) required under the contract for Consultant to
properly perform the services intended.
d. Electronic Media Liability arising from personal injury, plagiarism
or misappropriation of ideas, domain name infringement or
improper deep-linking or framing, and infringement or violation
of intellectual property rights.
e. Liability arising from the failure to render professional services.
If coverage is maintained on a claims-made basis, Contracting Party shall
maintain such coverage for an additional period of three (3) years following
termination of the contract.
Contracting Party shall provide written notice to City within ten
(10) working days if: (1) any of the required insurance policies is terminated;
(2) the limits of any of the required polices are reduced; or (3) the deductible
or self-insured retention is increased. In the event any of said policies of
insurance are cancelled, Contracting Party shall, prior to the cancellation date,
submit new evidence of insurance in conformance with this Exhibit to the
Contract Officer. The procuring of such insurance or the delivery of policies
or certificates evidencing the same shall not be construed as a limitation of
Contracting Party’s obligation to indemnify City, its officers, employees,
contractors, subcontractors, or agents.
E.2 Remedies. In addition to any other remedies City may have if
Contracting Party 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 Contracting Party to stop work under this Agreement
and/or withhold any payment(s) which become due to Contracting Party
hereunder until Contracting Party demonstrates compliance with the
requirements hereof.
c. Terminate this Agreement.
Exercise 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 Contracting Party’s failure to maintain or secure appropriate
Exhibit E
Page 4 of 7
policies or endorsements. Nothing herein contained shall be construed as
limiting in any way the extent to which Contracting Party may be held
responsible for payments of damages to persons or property resulting from
Contracting Party’s or its subcontractors’ performance of work under this
Agreement.
E.3 General Conditions Pertaining to Provisions of Insurance Coverage
by Contracting Party. Contracting Party and City agree to the following with
respect to insurance provided by Contracting Party:
1. Contracting Party 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. Contracting Party
also agrees to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this
Agreement shall prohibit Contracting Party, or Contracting Party’s employees,
or agents, from waiving the right of subrogation prior to a loss. Contracting
Party 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 Contracting Party
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 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.
Contracting Party 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.
Exhibit E
Page 5 of 7
7. Proof of compliance with these insurance requirements, consisting
of certificates of insurance evidencing all the coverages required and an
additional insured endorsement to Contracting Party’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 Contracting Party or deducted from sums due Contracting
Party, at City option.
8. It is acknowledged by the parties of this agreement that all
insurance coverage required to be provided by Contracting Party 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. Contracting Party agrees to ensure that subcontractors, and any
other party involved with the project that is brought onto or involved in the
project by Contracting Party, provide the same minimum insurance coverage
required of Contracting Party. Contracting Party 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.
Contracting Party agrees that upon request, all agreements with
subcontractors and others engaged in the project will be submitted to City for
review.
10. Contracting Party 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 Contracting Party’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 Contracting Party, 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 this
Agreement to change the amounts and types of insurance required by giving
the Contracting Party ninety (90) days advance written notice of such change.
If such change results in substantial additional cost to the Contracting Party,
Exhibit E
Page 6 of 7
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. Contracting Party acknowledges and agrees that any actual or
alleged failure on the part of City to inform Contracting Party 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. Contracting Party 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 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. Contracting Party 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 Contracting Party’s insurance agent to this
effect is acceptable. A certificate of insurance and an additional insured
endorsement is 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 Contracting Party under this agreement. Contracting
Party 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.
Exhibit E
Page 7 of 7
19. The requirements in this Exhibit 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 Exhibit.
20. Contracting Party 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 Contracting Party 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. Contracting Party agrees to provide immediate notice to City of
any claim or loss against Contracting Party 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.
Exhibit F
Page 1 of 3
Exhibit F
Indemnification
F.1 Indemnity for the Benefit of City.
a. Indemnification for Professional Liability. When the law
establishes a professional standard of care for Contracting Party’s Services, to
the fullest extent permitted by law, Contracting Party shall indemnify, protect,
defend (with counsel selected by City), and hold harmless City and any and
all of its officials, employees, and agents (“Indemnified Parties”) from and
against any and all claims, losses, liabilities of every kind, nature, and
description, damages, injury (including, without limitation, injury to or death
of an employee of Contracting Party or of any subcontractor), costs and
expenses of any kind, whether actual, alleged or threatened, including,
without limitation, incidental and consequential damages, court costs,
attorneys’ fees, litigation expenses, and fees of expert consultants or expert
witnesses incurred in connection therewith and costs of investigation, to the
extent same are caused in whole or in part by any negligent or wrongful act,
error or omission of Contracting Party, its officers, agents, employees or
subcontractors (or any entity or individual that Contracting Party shall bear
the legal liability thereof) in the performance of professional services under
this agreement. With respect to the design of public improvements, the
Contracting Party 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 Contracting Party.
b. Indemnification for Other Than Professional Liability. Other
than in the performance of professional services and to the full extent
permitted by law, Contracting Party shall indemnify, defend (with counsel
selected by City), and hold harmless the Indemnified Parties from and against
any liability (including liability for claims, suits, actions, arbitration
proceedings, administrative proceedings, regulatory proceedings, losses,
expenses or costs of any kind, whether actual, alleged or threatened,
including, without limitation, incidental and consequential damages, court
costs, attorneys’ fees, litigation expenses, and fees of expert consultants or
expert witnesses) incurred in connection therewith and costs of investigation,
where the same arise out of, are a consequence of, or are in any way
attributable to, in whole or in part, the performance of this Agreement by
Contracting Party or by any individual or entity for which Contracting Party is
legally liable, including but not limited to officers, agents, employees, or
subcontractors of Contracting Party.
c. Indemnity Provisions for Contracts Related to Construction
(Limitation on Indemnity). Without affecting the rights of City under any
Exhibit F
Page 2 of 3
provision of this agreement, Contracting Party shall not be required to
indemnify and hold harmless City for liability attributable to the acti ve
negligence of City, provided such active negligence is determined by
agreement between the parties or by the findings of a court of competent
jurisdiction. In instances where City is shown to have been actively negligent
and where City’s active negligence accounts for only a percentage of the
liability involved, the obligation of Contracting Party will be for that entire
portion or percentage of liability not attributable to the active negligence of
City.
d. Indemnification Provision for Design Professionals.
1. Applicability of this Section F.1(d). Notwithstanding
Section F.1(a) hereinabove, the following indemnification provision shall apply
to a Contracting Party who constitutes a “design professional” as the term is
defined in paragraph 3 below.
2. Scope of Indemnification. When the law establishes a
professional standard of care for Contracting Party’s Services, to the fullest
extent permitted by law, Contracting Party shall indemnify and hold harmless
City and any and all of its officials, employees, and agents (“Indemnified
Parties”) from and against any and all losses, liabilities of every kind, nature,
and description, damages, injury (including, without limitation, injury to or
death of an employee of Contracting Party or of any subcontractor), costs and
expenses, including, without limitation, incidental and consequential
damages, court costs, reimbursement of attorneys’ fees, litigation expenses,
and fees of expert consultants or expert witnesses incurred in connection
therewith and costs of investigation, to the extent same are caused by any
negligent or wrongful act, error or omission of Contracting Party, its officers,
agents, employees or subcontractors (or any entity or individual that
Contracting Party shall bear the legal liability thereof) in the performance of
professional services under this agreement. With respect to the design of
public improvements, the Contracting Party 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 Contracting
Party.
3. Design Professional Defined. As used in this
Section F.1(d), the term “design professional” shall be limited to licensed
architects, registered professional engineers, licensed professional land
surveyors and landscape architects, all as defined under current law, and as
may be amended from time to time by Civil Code § 2782.8.
F.2 Obligation to Secure Indemnification Provisions. Contracting
Party agrees to obtain executed indemnity agreements with provisions
Exhibit F
Page 3 of 3
identical to those set forth herein this Exhibit F, as applicable to the
Contracting Party, from each and every subcontractor or any other person or
entity involved by, for, with or on behalf of Contracting Party in the
performance of this Agreement. In the event Contracting Party fails to obtain
such indemnity obligations from others as required herein, Contracting Party
agrees to be fully responsible according to the terms of this Exhibit. 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 in this Agreement are
binding on the successors, assigns or heirs of Contracting Party and shall
survive the termination of this Agreement.
Page 11 of 17
ATTACHMENT 2
INSURANCE REQUIREMENTS ACKNOWLEDGEMENT
Must be executed by proposer and submitted with the proposal
I, ________________________________________ (name) hereby acknowledge and
confirm that __________________________________ (name of company) has reviewed
the City’s indemnification and minimum insurance requirements as listed in Exhibits E and
F of the City’s Agreement for Contract Services (Attachment 1); and declare that insurance
certificates and endorsements verifying compliance will be provided if an agreement is
awarded.
I am _________________________________ of ______________________________,
(Title) (Company)
Commercial General Liability (at least as broad as ISO CG 0001)
$1,000,000 (per occurrence); $2,000,000 (general aggregate)
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Noncontributory
Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,000,000 (per accident)
Personal Auto Declaration Page if applicable
Errors and Omissions Liability $1,000,000 (per claim and aggregate)
Worker’s Compensation (per statutory requirements)
Must include the following endorsements:
Worker’s Compensation Waiver of Subrogation
Worker’s Compensation Declaration of Sole Proprietor if applicable
Page 12 of 17
ATTACHMENT 3
NON-COLLUSION AFFIDAVIT FORM
Must be executed by proposer and submitted with the proposal
I, ________________________________________ (name) hereby declare as follows:
I am _________________________________ of ______________________________,
(Title) (Company)
the party making the foregoing proposal, that the proposal is not made in the interest of,
or on behalf of, any undisclosed person, partnership, company, association, organization,
or corporation; that the proposal is genuine and not collusive or sham; that the proposer
has not directly or indirectly induced or solicited any other proposer to put in a false or
sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed
with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain
from proposing; that the proposer has not in any manner, directly or indirectly, sought by
agreement, communication, or conference with anyone to fix the proposal price of the
proposer or any other proposer, or to fix any overhead, profit, or cost element of the
proposal price, or of that of any other proposer, or to secure any advantage against the
public body awarding the agreement of anyone interested in the proposed agreement;
that all statements contained in the proposal are true; and, further, that the proposer has
not, directly or indirectly, submitted his or her proposal price or any breakdown thereof,
or the contents thereof, or divulged information or data relative hereto, or paid, and will
not pay, any fee to any corporation, partnership, company, association, organization,
proposal depository, or to any member or agent thereof to effectuate a collusive or sham
proposal.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Proposer Signature: __________________________________________________
Proposer Name: __________________________________________________
Proposer Title: __________________________________________________
Company Name: __________________________________________________
Address: __________________________________________________
Page 13 of 17
ATTACHMENT 4
ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA
Must be executed by proposer and submitted with the proposal;
If no addenda has been issued, mark “N/A” under Addendum No. indicating
Not Applicable and sign
ADDENDUM NO. SIGNATURE INDICATING RECEIPT
Page 14 of 17
ATTACHMENT 5
LOCATION MAP
Page 15 of 17
ATTACHMENT 6
EVALUATION CRITERIA
Category Max Pts
Understanding of work to be done 25
Staffing and Scope of Work 20
Pertinent Project Experience 15
Schedule of Events 15
Format/Organization 10
Cost 10
Intangible Qualities 5
Total 100
Scoring Breakdown:
Understanding of work to be done - 25 points maximum
0-8: Scope of work is off topic or is missing more than 5 key elements.
9-17: Scope of work is understandable but missing a few key elements.
18-25: Scope of work well justified and most or all key elements are included.
Staffing and Scope of Work - 20 points maximum
0-8 points: Staffing is not clearly listed or does not match scope of work
proposed.
9-15 points: Staffing is included but experience is not relevant or similar.
16-20 points: Staffing is included, matches the scope of work, and experience is
relevant.
Pertinent Project Experience - 15 points maximum
0-4 points: Consultant does not include previous experience or has very minimal
experience.
5-10 points: Consultant lists previous experience, but experience is not relevant
or similar.
11-15 points: Consultant lists relevant previous experience with similar work.
Schedule of Event- 15 Points Maximum
0-4 points: Events are not listed or is missing key elements
5-10 points: Events are listed but are not well scheduled or missing few key
elements
11-15 points: Events are listed and are well justified or all key elements are
included
Format/Organization - 10 points maximum
0-4: Scope of work is not or barely organized into tasks and subtasks, does not
flow clearly.
5-7: Scope of work is organized into tasks and subtasks, but not in a clear
logical order.
8-10: Scope of work is well organized into logical tasks and subtasks to complete
a project.
Page 16 of 17
Cost - 10 points maximum
0-4 points: Contractor rates significantly vary from standard rates for similar
services, and/or there are significant errors in calculations.
5-7 points: Contractor rates vary from standard rates for similar services and/or
there are minor errors in calculations.
8-10 points: Contractor rates are within standard rates for similar services.
Intangible Qualities - 5 points maximum
Intangible qualities are those traits or abilities that are not included in the
above categories.
Title 11 - PEACE, MORALS AND SAFETY
Chapter 11.44 PARKS AND RECREATION AREAS
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Chapter 11.44 PARKS AND RECREATION AREAS
11.44.010 Application of chapter.
A.The provisions of this chapter shall apply to and be in full force and effect at all park and recreation areas
which are now or which may hereafter be under the jurisdiction and control of the city, including, but not
limited to, all grounds, roadways, avenues, parks, buildings, trails, open spaces/usable open spaces as
defined in Title 9, Section 9.280.030 of this code, school facilities when they are in use as recreational
facilities, and areas, under the control, management or direction of the city manager. The provisions of this
chapter shall govern the use of all such parks and recreation areas and the observance of such provisions
shall be a condition under which the public may use such parks and recreation areas. Certain provisions of
this chapter shall further be applicable outside such parks and recreation areas where the context indicates
an intention that they be so applied.
B.The provisions of this chapter shall not apply to any public officer, employee or peace officer who is acting in
the course of and within the scope of the public business, nor to any other person conducting public business
or related activities for, on behalf of, and pursuant to lawful authority of, an appropriate public entity.
(Ord. 568 § 8, 2018; Ord. 10 § 1, 1982)
11.44.020 Enforcement powers of peace officers and city personnel.
A.For purposes of this section, the following definitions apply:
1."Expulsion notice" constitutes an administrative citation pursuant to Chapter 1.09 of this code.
2."Repeat violator" means an individual who has been arrested, cited, ejected, or expelled as a violator
of this chapter within thirty (30) days of a previous arrest, citation, ejection, or expulsion as a violator
of this chapter.
3."Violator" means an individual who has violated any of the provisions of this chapter or any other law,
ordinance or rule that may be in effect now or may hereafter be passed or adopted for the regulation
and government of parks or recreation areas, or of public places in general, in the city.
B.Power and authority is hereby given to the city manager, the city manager's authorized representatives, and
to any of the attendants employed in such parks or recreation areas, in their discretion, to eject and expel
from the parks or recreation areas or building thereon, any violator. In addition to his or her ordinary powers
of arrest or citation, any peace officer enforcing any law or regulation shall be authorized, in lieu of arresting
or citing any violator, in his or her discretion, to eject and expel the violator. No person being ejected or
expelled pursuant to the authority of this subsection shall refuse to leave as ordered, nor shall any person
who has been so ejected or expelled return, during the calendar day in which he or she was ejected, to the
same park, recreation area or building, unless specifically permitted to do so by the person who ejected him
or her, by the city manager or by an authorized representative thereof.
C.In addition to the other powers and authorities in this section, any peace officer, in addition to his or her
ordinary powers of arrest or citation, who is enforcing any law or regulation, shall be authorized, in lieu of
arresting or citing any violator, in his or her discretion, to eject and expel a violator or repeat violator. The
ejection and expulsion of a violator shall be accompanied by service of an expulsion notice that may include a
fifty dollar ($50.00) administrative fine for the initial violation, which shall be paid by the violator. The
ejection and expulsion of a repeat violator shall be accompanied by service of an expulsion notice that may
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include a one hundred dollar ($100.00) administrative fine for each subsequent violation, which shall be paid
by the repeat violator, and may expel the repeat violator from the same park, recreation area or building, for
a period of up to one (1) year. No person being ejected or expelled pursuant to the authority of this
subsection as a violator or repeat violator shall refuse to leave as ordered, nor shall any person who has been
so ejected or expelled return, during the calendar day in which he or she was ejected, to the same park,
recreation area or building, unless specifically permitted to do so by the person who ejected him or her, by
the city manager or by an authorized representative thereof. Furthermore, no person being ejected or
expelled as a repeat violator may return to the same park, recreation area or building, for the period
specified in the repeat violator's expulsion notice, unless the period is modified by administrative action
pursuant to a timely contesting of the expulsion notice. Any person receiving an expulsion notice pursuant to
this subsection may contest the expulsion or fine, or both, in accordance with the procedures provided in
Chapter 1.09 of this code.
(Ord. 568 § 8, 2018; Ord. 10 § 1, 1982)
11.44.030 Public may be excluded.
A. In an emergency or when the city manager, chief of police (or an appropriately designated representative of
any such official) determines that the public safety, or public health, or public morals, or public interest
demands such action, any park, square, avenue, grounds or recreation center or any part or portion thereof,
may be closed against the public and all persons may be excluded therefrom until the emergency or other
reason upon which the determination of the city manager of chief of police is based has ceased, and upon
the cessation thereof the park, square, avenue, grounds or recreation center or part or portion thereof so
closed shall again be reopened to the public by order of proper authority.
B. No person having knowledge of or having been advised of any closure order issued pursuant to subsection A
of this section shall refuse or fail immediately to remove him or herself from the area or place so closed, and
no such person shall enter or remain within any such area or place known by him or her to be so closed, until
the area or place has been reopened to the public by order of proper authority.
(Ord. 568 § 8, 2018; Ord. 10 § 1, 1982)
11.44.040 Permits for gatherings and meetings.
A. No person shall hold, conduct, participate in, attend or address any meeting, organized gathering or
assemblage, group picnic, celebration, parade, service or exercise, of fifty (50) or more persons, in any park
or recreation area without a written permit granted by the city manager as provided in this section.
B. The city manager (acting personally or by delegated designee) is empowered to grant permits authorizing
any person, society, association or organization to hold or conduct a meeting, organized gathering or
assemblage, group picnic, celebration, parade, service or exercise for the observance of or commemoration
of any public celebration, event, or demonstration of a patriotic, municipal or memorial character, or for
social, educational, training, entertainment or recreational purposes.
C. An application for a permit shall be granted if the issuing authority determines:
1. That the requested activity is consistent and compatible with proper and appropriate park and
recreation area uses at the location applied for;
2. That the requested activity is reasonable and will not interfere with general use of the park or
recreation area by other individual or group members of the public;
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3. That the requested activity will in all respects comply with the provisions of this code and of any other
ordinance, law, rule or regulation in effect at the time and place the activity is to be conducted;
4. That the requested activity is not reasonably anticipated to incite violence, crime or disorderly conduct;
5. That the requested activity will not entail unusual, extraordinary or burdensome expense or police
operation by the city; and
6. That no other reason exists why the granting of the permit would be detrimental to the public interest.
D. Except in cases where a fee is paid adequate in amount to fully reimburse the public accounts for all involved
costs and permits shall not be granted for the purpose of conducting services of any religious denomination
or sect, or for the purpose of discussing, expounding, advocating or opposing the principles or creed of any
religious denomination or sect. In all other respects, however, applications for such permits shall be
considered and processed on an equal basis, subject to the same advantages, qualifications and limitations
as other applications by or for another nonreligious organizations, groups or gatherings.
E. In the event it is proposed that an admission fee be charged for attendance at the requested activity, or that
contributions will be solicited or a collection taken up at the requested activity, the application for a permit
shall expressly state such proposal. No person shall charge any such admission fee or solicit contributions or
take up any collection at or for any such activity unless a provision allowing it to be done is included in a
permit issued under this section.
F. The issuing authority may attach conditions to any such permit which are deemed necessary or appropriate
to assure that the activity will be carried on in conformance with applicable laws, rules and regulations, in a
manner consistent with proper park and recreation area uses, and in a manner not detrimental to the public
interest. Where deemed appropriate, the issuing authority may require suitable insurance, indemnity bond
or other guarantee to protect city property from damage, to protect the public from unusual and undue
expense, or to protect the city from liability of any kind or character. In this connection there may further be
required a money deposit or payment to defray unusual expenses to be incurred by the city, such as costs of
additional police services, fire protection services, cleanup services, or other municipal services of whatever
nature.
G. Any permit granted pursuant to the provisions of this section shall specify the time when and the place
where the activity shall be held or conducted, and shall designate the name of the person, society,
association or organization to whom the permit is issued.
(Ord. 568 § 8, 2018; Ord. 10 § 1, 1982)
11.44.050 Rules and regulations—Promulgation by city manager.
A. The city manager shall have power and authority to promulgate rules and regulations governing the use and
enjoyment by the public and by individual members of the public, of any park, recreation area, recreation or
community center, or any portion thereof, or governing the use and enjoyment of any building, structure,
equipment, apparatus or appliances thereon, or governing any portions of the foregoing. A copy of the rules
and regulations, or a synopsis thereof shall be posted in some conspicuous place at or near the premises
where the rules and regulations are to be effective, or in lieu thereof, signs or notices may be posted at or
near the premises in order to give public notice of the rules and regulations.
B. No person having knowledge of or having been advised of any rule or regulation promulgated pursuant to
subsection A of this section, shall disobey, violate, or fail to comply with, any such rule or regulation.
C. No person shall disobey, violate, or fail to comply with, any instruction, sign or notice posted in any park,
recreation area, or community or recreation center, or in any building or structure thereon, for the control,
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management, or direction of the premises, when the instruction, sign or notice has been posted in
implementation of any rule or regulation promulgated pursuant to subsection A of this section.
(Ord. 568 § 8, 2018; Ord. 10 § 1, 1982)
11.44.060 Prohibited conduct generally.
Within the limits of any public park or recreation area of the city, no person shall:
A. Hitch, fasten, lead, drive or let loose any animal or fowl of any kind; provided, that this shall not apply
to a dog when led by a cord or chain, not more than six (6) feet long;
B. Ride or drive any horse or other animal, or propel any street, off-road or farm vehicle, cycle or
automobile, except at a place especially designated and provided for such purpose;
C. Carry or discharge any firecracker, rocket, torpedo or any other fireworks; provided, that this
subsection shall not be deemed to prohibit city-sponsored events or the possession or use of safe and
sane fireworks not otherwise prohibited by law, with a permit and at places designated for such
purpose by the city;
D. Cut, break, injure, deface, remove or disturb any tree, shrub, plant, flower, turf, soil, sand, gravel,
fertilizer, rock, building, cage, pen, monument, fence, bench or other structure, apparatus or property;
or mark or write upon, paint or deface in any manner, any building, monument, fence, bench or other
structure;
E. Install, plant, place, or add any landscape material, monument, park furniture, play equipment or
addition of any kind, including any memorial item without prior city approval;
F. Swim, bathe, wade in, or pollute the water of any fountain, pond, lake or stream, except at a place
especially designated and provided for such purpose;
G. Make or kindle a fire except as provided in subsection J;
H. Camp or lodge therein at any time, or otherwise remain overnight, whether or not in a structure
permanently affixed to the ground, except at a place especially designated and provided for such
purpose;
I. Bring a portable grill, stove or barbeque into the area;
J. Utilize anything other than the city-provided, permanent equipment to cook or barbeque food;
K. Leave garbage, cans, bottles, papers or other refuse elsewhere than in receptacles provided therefor;
L. Play or engage in model airplane flying, remote-controlled equipment or toys operating in the air, on
the ground or in water including airplanes, watercraft, vehicles or drones of any kind, driving of golf
balls, baseball, softball, football, soccer, volleyball or any similar games of a hazardous nature except at
such places where there is at least three thousand (3,000) square feet of open land and/or water and
in a clearing not obstructed by trees or overhead wires;
M. Play or bet at or against any game which is played, conducted, dealt or carried on with cards, dice, or
other device, for money, chips, shells, credit or any other representative of value, or maintain or
exhibit any gambling table or other instrument of gambling or gaming;
N. Indulge in riotous, offensive, threatening, or indecent conduct, or abusive, threatening, profane, or
indecent language;
O. Disturb in any unreasonable manner any picnic, meeting, service, concert, sporting event, exercise or
exhibition;
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P. Distribute any commercial handbill (as defined in Section 5.20.020) without a prior permit so to do
from the city manager, which permit shall be issued only after due processing of an application
pursuant to Chapter 5.20, and then only if the city manager determines that it would be affirmatively in
the public interest to allow upon public property the commercial activity involved;
Q. Post, place, erect, or leave posted, placed or erected, any commercial or noncommercial bill, handbill,
circular, notice, paper, or advertising device or matter of any kind, in or upon any building, structure,
pole, wire, or other architectural or natural feature of whatever character, except upon a bulletin
board or such place especially designated and provided for such purposes, unless prior approval to do
so has been obtained from the city manager, which approval shall be given only if the city manager
determines that it would be affirmatively in the public interest to allow the use of public property for
such purposes, or that constitutional principles require that it be allowed;
R. Sell or offer for sale any merchandise, article or thing whatsoever, or practice, carry on, conduct, or
solicit for, any trade, occupation, business or profession, unless the activity has been expressly allowed
pursuant to specific provisions to such effect contained in either: a permit issued pursuant to Section
11.44.040; a permit issued pursuant to Chapter 5.20; a permit issued pursuant to Chapter 5.48; a
concession agreement or franchise or the like duly entered into or granted by the city council;
S. Remain, stay or loiter therein between the hours of 10:00 p.m. and dawn of the following day, except
while attending a gathering or meeting for which a permit has been issued or which is being sponsored
or conducted by the city. This subsection shall not apply to persons lawfully lodging, camping or
otherwise remaining overnight at a place especially designated and provided for such purposes;
T. Row, sail or operate any boat, craft or other device, on or in any pond, lake, stream or water except at
such place as is especially designated and provided for use of such boat, craft, or device;
U. Hunt, frighten, chase, set snare for, catch, injure or destroy any animal or bird, or destroy, remove or
disturb any of the young or eggs of the same, or injure or maltreat any domestic or other animal;
V. Fish with hook and line, seine, trap, spear, or net, or by any other means, in any pond, lake, stream or
water, except at a place especially designated and provided for such purpose;
W. Feed, chase, capture, harass, injure any species of wild animal or damage the nest or eggs of any wild
animal, except as provided in Section 10.28.110 of this code;
X. Smoke within the boundaries of the city parks. Smoking shall include all tobacco and cannabis products
and all electronic or battery-operated devices that deliver vapor for inhalation.
Nothing in this section shall replace or otherwise limit the applicability and enforcement of Chapter 11.16 to all
park and recreation areas which are now or which may hereafter be under the jurisdiction and control of the city,
including, but not limited to, all grounds, roadways, avenues, parks, buildings, trails, open spaces/usable open
spaces as defined in Section 9.280.030 of this code, school facilities when they are in use as recreational facilities,
and areas, under the control, management or direction of the city manager.
(Ord. 568 § 8, 2018; Ord. 510 § 1, 2013; Ord. 360 § 1, 2001; Ord. 10 § 1, 1982)
11.44.070 Use of pedestrian and equestrian ways.
A. No person shall drive or operate any motor vehicle, motorcycle, motor-driven cycle (as the foregoing are
defined in the Vehicle Code) or any other motorized or self-propelled vehicle or device upon which a person
can ride, on, over or along any public property or easement (whether or not on a public park or recreation
area) which has been designated, set aside, or is used, as a pedestrian walkway, trail, path, lane or way, or as
an equestrian trail, path, lane or way.
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B. The public entity having ownership or control over any such trail, path, lane, way or walkway may cause it to
be posted with an appropriate sign or signs expressly allowing the use of vehicles or devices otherwise
prohibited under the provisions of subsection A of this section, and to the extent that such signs allow
variations from such prohibitions, the provisions of subsection A of this section shall be inapplicable.
C. The provisions of subsection A of this section shall not apply to any electrically-driven wheelchair carrying a
person with a disability.
D. The public entity having ownership or control over any trail, path, lane, way or walkway mentioned in
subsection A of this section, may, by the posting of an appropriate sign or signs, further restrict the use of
the trail, path, lane, way or walkway by persons riding bicycles or other non-motorized vehicles or devices, or
by equestrians, and when any such sign is posted, no person shall disobey any prohibition, restriction,
direction or other regulation expressed thereon.
(Ord. 568 § 8, 2018; Ord. 10 § 1, 1982)
11.44.080 Obstructing pathways.
No persons shall assemble, collect or gather together in any walk, driveway, passageway or pathway in any park or
in other places set apart for the travel of persons or vehicles in or through any park or recreation area, or occupy
the vehicle so that the free passage or use thereof by persons or vehicles passing along the same is obstructed in
any unreasonable manner.
(Ord. 568 § 8, 2018; Ord. 10 § 1, 1982)
11.44.090 Children visiting parks with lakes.
No parent or guardian, or any person having the custody of any child under the age of eight (8) years, shall cause,
permit or allow the child to enter or visit any public park or recreation area having a lake within the boundaries of
the park or recreation area unless the child is accompanied by a person of not less than sixteen (16) years of age.
(Ord. 568 § 8, 2018; Ord. 10 § 1, 1982)
11.44.100 Dog park rules and regulations.
A. Dog parks are to be used by dog owners (handlers) and their dogs only. All other activities are prohibited.
B. Dog owners using the dog park are using it at their own risk.
C. The city is not responsible for injuries to people and dogs or illnesses dogs may contract.
D. The city reserves the right to eject anyone from the dog park at any time for any reason.
E. Adults must accompany children twelve (12) years old and younger.
F. Dog park hours are dawn to 10:00 p.m.
G. Dogs must never be left unattended.
H. No exception for dogs whose owners have opted to not vaccinate their dogs based on the state exemption.
I. Unruly dogs are not allowed, including excessive barking. Courtesy to residents surrounding parks is
expected.
J. Female dogs in estrus (heat) are not allowed.
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K. Dogs are only allowed in the area that is designated for their weight class.
L. Dogs in small dog areas are to be twenty-five (25) pounds or less.
M. Dog owners must clean up after their dog(s).
N. Owners must stop their dog(s) from digging. Any holes created must be filled by the owner of the dog(s).
O. No smoking, (including tobacco and cannabis products and electronic vaping devices), alcohol, or illegal drug
use is permitted.
P. No loitering permitted in the designated dog park.
Q. Unauthorized pieces of equipment, obstacles, or apparatus are not allowed in the designated dog park
(skateboards, scooters, bicycles, etc.).
R. No dog food (e.g., dog treats) or human food allowed in the dog park.
S. Glass containers are not allowed in the dog park.
T. Special events or contests are not allowed in the dog park without first obtaining written authorization from
the city.
U. Owners must keep dogs from disturbing or interfering with park maintenance personnel.
(Ord. 568 § 8, 2018; Ord. 488 § 1, 2011)