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2009 07 07 CCJ?4eo 4 4 adj& City Council agendas are available on the City's web page @ www.la-quinta.org CITY COUNCIL AGENDA CITY COUNCIL CHAMBERS 78-495 Calle Tampico La Quinta, California 92253 Special Meeting TUESDAY, JULY 7, 2009 2:00 P.M. Closed Session / 4:00 P.M. Regular Open Session Beginning Resolution No. 2009-058 Ordinance No. 472 CALL TO ORDER Roll Call: Council Members: Evans, Franklin, Henderson, Sniff, and Mayor Adolph PUBLIC COMMENT At this time, members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CLOSED SESSION NOTE: Time permitting the City Council may conduct Closed Session discussions during the dinner recess. In addition, persons identified as negotiating parties are not invited into the Closed Session meeting when acquisition of real property is considered. 1. CONFERENCE WITH LABOR NEGOTIATORS, SKI HARRISON AND BRET M. PLUMLEE, REGARDING NEGOTIATIONS WITH THE LA QUINTA EMPLOYEES ASSOCIATION PURSUANT TO GOVERNMENT CODE SECTION 54957.6 — MEET AND CONFER PROCESS. "- 001 City Council Agenda 1 July 7, 2009 RECESS TO CLOSED SESSION RECONVENE AT 4:00 P.M. 4:00 P.M. PLEDGE OF ALLEGIANCE PUBLIC COMMENT At this time members of the public may address the City Council on any matter not listed on the agenda. Please complete a "request to speak" form and limit your comments to three minutes. CONFIRMATION OF AGENDA PRESENTATIONS -- NONE WRITTEN COMMUNICATIONS — NONE APPROVAL OF MINUTES 1. APPROVAL OF MINUTES OF JUNE 16, 2009. CONSENT CALENDAR NOTE: Consent Calendar items are considered to be routine in nature and will be approved by one motion. 1. APPROVAL OF DEMAND REGISTER DATED JULY 7, 2009. 2. ACCEPTANCE OF FISCAL YEAR 2009 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) AWARD IN THE AMOUNT OF $16,887 FROM THE BUREAU OF JUSTICE ASSISTANCE AND APPROVAL TO SUBMIT PROJECT APPLICATION. 3. APPROVAL OF AMENDMENT NO. 3 TO THE GOLF COURSE MANAGEMENT AGREEMENT WITH LANDMARK GOLF MANAGEMENT. City Council Agenda 2 July 7, 2009 , 002 4. APPROVAL TO APPLY FOR AMERICAN REINVESTMENT AND RECOVERY ACT OF 2009 FUNDING FOR THE AB 811 (LEVINE) CONTRACTUAL ASSESSMENTS: ENERGY EFFICIENCY IMPROVEMENTS PROGRAM. 5. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE FINANCE DIRECTOR AND TWO MEMBERS OF THE INVESTMENT ADVISORY BOARD TO ATTEND THE 2009 LOCAL AGENCY INVESTMENT FUND (LAIF) CONFERENCE IN SACRAMENTO, CALIFORNIA, OCTOBER 21-22, 2009. 6. ADOPTION OF A RESOLUTION APPROVING THE FISCAL YEAR 2009/2010 CITY OF LA QUINTA BUDGET AND ESTABLISHING THE CITY'S APPROPRIATION LIMIT. 7. ADOPTION OF A RESOLUTION ACCEPTING A DONATION FROM THE TRUST OF DAVID E. ORME. 8. APPROVAL OF A REQUEST FOR PROPOSALS (RFP) TO OBTAIN PROFESSIONAL ENGINEERING SERVICES TO PREPARE THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E) OF PROBABLE CONSTRUCTION COSTS FOR THE JEFFERSON STREET PARKWAY LANDSCAPE IMPROVEMENTS, PROJECT NO. 2009-16. 9. APPROVAL OF A REQUEST FOR PROPOSALS (RFP) TO OBTAIN PROFESSIONAL ENGINEERING SERVICES TO PREPARE THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E) OF PROBABLE CONSTRUCTION COSTS FOR THE PIONEER PARK IMPROVEMENTS, PROJECT NO. 2009-09. 10. APPROVAL OF A REQUEST FOR PROPOSALS (RFP) TO OBTAIN PROFESSIONAL ENGINEERING SERVICES TO PREPARE THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E) OF PROBABLE CONSTRUCTION COSTS FOR THE SEASONS PARK IMPROVEMENTS, PROJECT NO. 2009-05. 11. APPROVAL OF PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E) AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR NEW FIRE STATION 32, PROJECT NO. 2008-03, AND PHASE I OF THE CORPORATE YARD, PROJECT NO. 2007-08. 12. ACCEPTANCE OF ONSITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 29004, PGA WEST, KSL LAND CORPORATION. 13. ACCEPTANCE OF ONSITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 28776, PGA WEST, KSL LAND CORPORATION. City Council Agenda 3 July 7, 2009".. 003 14. APPROVAL TO AWARD A CONTRACT TO VALLEY SLURRY SEAL TO CONSTRUCT THE FISCAL YEAR 2008/2009 SLURRY SEAL AND RESTRIPING PROGRAM, PROJECT NO. 2008-1 1 . 15. ADOPTION OF A RESOLUTION MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445(a) AND AUTHORIZING THE EXPENDITURE OF FUNDS TOWARD THE MEDIAN ISLAND IMPROVEMENTS ON CALLE TAMPICO AND ON WASHINGTON STREET, APPROVAL OF THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E), AND AUTHORIZATION TO ADVERTISE FOR BID THE MISCELLANEOUS STREET IMPROVEMENTS, PROJECT NO. 2008-17. 16. ADOPTION OF A RESOLUTION APPROVING THE CITY'S PARTICIPATION IN THE COUNTY OF RIVERSIDE MORTGAGE CREDIT CERTIFICATE PROGRAM. 17. AUTHORIZATION OF OVERNIGHT TRAVEL FOR TWO MEMBERS OF THE CITY COUNCIL TO ATTEND THE LEAGUE OF CALIFORNIA CITIES 2009 LOCAL GOVERNMENT SUMMIT ON GOVERNANCE AND FISCAL REFORM TO BE HELD IN SACRAMENTO, CALIFORNIA, JULY 17-18, 2009. BUSINESS SESSION 1. CONSIDERATION OF FORMATION AND APPOINTMENT OF TWO MEMBERS TO AN AD -HOC COMMITTEE TO REVIEW THE 1ST QUARTER GRANT REQUESTS. A. MINUTE ORDER ACTION . 2. CONSIDERATION OF AN ART PURCHASE AGREEMENT WITH JULIE ANN DESIGNS FOR THE DESIGN AND PAINTING OF SIGNAL BOXES AT VARIOUS CITY LOCATIONS. A. MINUTE ORDER ACTION 3. CONSIDERATION OF A SUPPLEMENTAL MARKETING AGREEMENT FOR THE 2010 BOB HOPE CHRYSLER CLASSIC AND REVIEW OF THE 2009 BOB HOPE CLASSIC VISITOR PROFILE SURVEY. A. MINUTE ORDER ACTION City Council Agenda 4 July 7, 2009 '"" 004 STUDY SESSION 1. DISCUSSION OF THE CITY NEWSLETTER AND THE CHAMBER OF COMMERCE GEM PUBLICATION. REPORTS AND INFORMATIONAL ITEMS 1. ANIMAL CAMPUS COMMISSION (FRANKLIN) 2. BOB HOPE CHRYSLER CLASSIC AD -HOC COMMITTEE 3. CITY COUNCIL AD -HOC COMMITTEE REPORTS 4. CVAG COMMITTEE REPORTS 5. CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE (ADOLPH) 6. C.V. CONSERVATION COMMISSION (SNIFF) 7. C.V. MOSQUITO AND VECTOR CONTROL DISTRICT (ROBERT COX) 8. C.V. MOUNTAINS CONSERVANCY (FRANKLIN) 9. C.V.W.D. JOINT WATER POLICY COMMITTEE (ADOLPH) 10. IID ENERGY CONSUMERS' ADVISORY COMMITTEE (FRANKLIN) 11. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (FRANKLIN) 12. LEAGUE OF CALIFORNIA CITIES (HENDERSON) 13. PALM SPRINGS DESERT RESORT COMMUNITIES CONVENTION & VISITORS AUTHORITY (EVANS) 14. PALM SPRINGS INTERNATIONAL AIRPORT COMMISSION (NANCY DORIA) 15. RIVERSIDE COUNTY FREE LIBRARY ADVISORY COMMITTEE (DIANE GUNN) 16. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (HENDERSON) 17. SANTA ROSA/SAN JACINTO NATIONAL MONUMENT ADVISORY COMMITTEE (HENDERSON) 18. SUNLINE TRANSIT AGENCY/SUNLINE SERVICES GROUP (ADOLPH) DEPARTMENT REPORTS 1. CITY MANAGER 2. CITY ATTORNEY 3. CITY CLERK - NONE 4. BUILDING & SAFETY DEPARTMENT REPORT - NONE 5. COMMUNITY SERVICES DEPARTMENT REPORT - NONE 6. FINANCE DEPARTMENT REPORT - NONE 7. PLANNING DEPARTMENT REPORT - NONE 8. PUBLIC WORKS DEPARTMENT REPORT - NONE 9. POLICE DEPARTMENT REPORT - NONE 10. FIRE DEPARTMENT QUARTERLY REPORT - NONE City Council Agenda 5 July 7, 2009"'* * 005 MAYOR'S AND COUNCIL MEMBERS' ITEMS — NONE RECESS TO REDEVELOPMENT AGENCY MEETING RECESS TO 7:00 P.M. 7:00 P.M. PUBLIC COMMENT At this time members of the public may address the City Council on any matter not listed on the agenda., Please complete a "request to speak" form and limit your comments to three minutes. PRESENTATIONS — NONE PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "request to speak" form must be filed with the City Clerk prior to consideration of that item. A person may submit written comments to City Council before a public hearing or appear in support or opposition to the approval of a project. If you challenge a project in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to the public hearing. 1. PUBLIC HEARING TO CONSIDER AN ORDINANCE AMENDING TITLE 9, ZONING, TO: 1) PERMIT USED VEHICLE SALES NOT ASSOCIATED WITH A NEW VEHICLE SALES FACILITY WITHIN THE REGIONAL COMMERCIAL ZONING DISTRICT WITH APPROVAL OF A CONDITIONAL USE PERMIT (9.80.040); 2) ESTABLISH PROVISIONS FOR THE DEVELOPMENT OF USED CAR SALES FACILITIES (9.100.300); AND 3) DELETE ERRONEOUS TEXT IDENTIFIED WITH THE AUTOMOTIVE USES PORTION OF THE NON- RESIDENTIAL TABLE OF PERMITTED USES (9.80.040). A. TAKE UP ORDINANCE BY TITLE AND NUMBER ONLY AND WAIVE FURTHER READING B. INTRODUCE ORDINANCE NO. ON FIRST READING City Council Agenda 6 July 7, 2009 I~".0 006 ADJOURNMENT The next regular meeting of the City Council will be held on July 21, 2009, commencing with closed session at 3:00 p.m. and open session at 4:00 p.m. in the City Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Veronica Montecino, City Clerk of the City of La Quinta, do hereby declare that the foregoing agenda for the La Quinta City Council meeting of July 7, was posted on the outside entry to the Council Chamber at 78-495 Calle Tampico and on the bulletin boards at 51-321 Avenida Bermudas and 78-630 Highway 111, on July 2, 2009. DATED. July 2, 2009 VERONICA ONTECINO, City Clerk City of La Quinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's Office at 777-7103, twenty- four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the City Council, arrangement should be made in advance by contacting the City Clerk's Office at 777- 7103. A one (1) week notice is required. If background material is to be presented to the City Council during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the meeting. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the City Clerk counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during normal business hours. City Council Agenda 7 July 7, 2009 w, n 007 F U S cFM OF TtTti 9k COUNCIL/RDA MEETING DATE: July 7, 2009 ITEM TITLE: Demand Register Dated July 7 2009 RECOMMENDATION: Approve Demand Register Dated July 7, 2009 BACKGROUND: Prepaid Warrants: 83267 - 832811 83282 - 833031 83304 - 83348) Voids) Wire Transfers) P/R 35744 - 357701 P/R Tax Transfers) Payable Warrants: 83349 - 835541 FISCAL IMPLICATIONS: Demand of Cash - City Demand of Capsh^- RDA � V *Johnlconer, Finance Director 87,917.01 95,616.59 141,325.15 0.00 1,532,582.86 461,698.80 60,559.96 1,746,489.58 $4,126,189.95 $3,571,841.34 $ 554, 348.61 AGENDA CATEGORY: BUSINESS SESSION CONSENT CALENDAR STUDY SESSION PUBLIC HEARING CITY OF LA QUINTA BANK TRANSACTIONS 06/10/09 - 06/26/09 06/11/09 WIRE TRANSFER - FOUR SEASONS ESCROW $330,025.00 06/12/09 WIRE TRANSFER - ICMA $14,376,60 06/12/09 WIRE TRANSFER - PERS $61,076,69 06/12/09 WIRE TRANSFER - TASC $894A8 06/16/09 WIRE TRANSFER - CD LA JOLLA $244,000,00 06/17/09 WIRE TRANSFER - LANDMARK $153,592.19 06/17/09 WIRE TRANSFER - CD RABOBANK $245,000.00 06/18/09 WIRE TRANSFER - CD PACIFIC WESTERN $240,000,00 06/18/09 WIRE TRANSFER - PERS $2,540,86 06/23/09 WIRE TRANSFER - CD PALM DESERT NAIL $240,000.00 06/25/09 WIRE TRANSFER - TASC $1,077.04 TOTAL WIRE TRANSFER OUT �$1,532,582,86 009 .gym � M O N v m 1I1 r b N O 1I1 N, \ • Y J � b o �t �t P b N N OO b M o • W 1- � o .+ b r v m P -� v lI1 � e O 2 0 , P N N b ILI r b r N b N b b W N d' • U F• O N P N P O M b P (D W mm d 2 M N z o W W W 1' ' ao a U'W ZZ ZS' � M i z ❑r Z Z W ❑ mm Il11I1 rr bb rb O N 00 1111I1 NN vMNm O \ • 00 '•t �t �t �f PP bb NN �MtllvwON 00 00 bb MM POMM U W U . . . 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Q Q O O O O O N d' W * O 2 OZ* P O w SSNNN z z U U OW* z H O Zd* Q O f S S 2 2 2 W Q W p W Z W x* > N S d a a a a a > 3 > > Q > w O\ W w l J J d'b F-wl W WW WW d a d J* d N w U J J J J J U 1- Q d\ r w w w w w N w f* Q W b m m m m m q U' z O O q O O O O O 2 w O F W S S S Z S J p U d• J mmmmm LL Q NNNNN M O N O Vl z Q ww.rww M M M W v v v v v M v M O x 1I1II1IIIIIIIII W ww.nww N d' v vvvv v In v co f N N N N N M O N 2 O O O O O O O O O O P O O O O O O O O oz� vvvvv o in I U I I U tiww.� N w Q 0000O o 0 0 i W P PPP P P P P � 0000e o O o ❑w� o0000 0 0 0 \F- � NNNNN N N N U O� b b b b b b IO b U b W N N N N N N O N > N U N b b b b b b r b b I (.9000Oo O o Z z z O Z o 0 0 e o 0 0 o x w o m o o e o o o w o m Q U m f w r o w Z. W Q U w d' 2 d' � Z •O i 3 Q O w LL Z N O Z w d w U W J I K N JmmNNN xP ON U ,OWZ , WIL1111MMM Opltl ZM P , Z S C b b r r r w P K b O r o WUOm o Q� » 300000 3= xm Yo \ JZ. > \ M O.w O O o O b2 1N o U Q 1 J : P .. W w O ELL.OU M O d'QO . Zw ILl bW mM Ov Qd' >Z rbII1M b+ OH ON NP d o9 . q> Z v m v N N w =m O m o w WOF . ZZ OlflbrNm Om Oo o R' I Ww orrNvv OW ov OP a aUl> od o0 00 070 0 0 N b N 071 AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: July 7, 2009 BUSINESS SESSION: ITEM TITLE: Acceptance of Fiscal Year 2009-2010 CONSENT CALENDAR: Edward Byrne Memorial Justice Assistance Grant (JAG) STUDY SESSION: _ Award in the Amount of $16,887 from the Bureau of Justice Assistance and Approval to Submit Project PUBLICHEARING: Application RECOMMENDATION: Accept a Fiscal Year 2009-2010 Edward Byrne Memorial Justice Assistance Grant (JAG) award in the amount of $16,887 from the U. S. Department of Justice, and grant approval to submit the project application. FISCAL IMPLICATIONS: The City of La Quinta is eligible to receive JAG funds in the amount of $16,887 in Fiscal Year 2009-2010. Pursuant to the terms of the grant, each unit of local government may draw down any or all JAG funds after acceptance of the award. To do so, a trust fund must be established in which to deposit the funds, which the City has done by creating Fund 213. The trust fund may or may not be an interest -bearing account. If sub recipients draw down JAG funds in advance, they also must establish a trust fund in which to deposit funds. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The U. S. Department of Justice, Bureau of Justice Assistance (BJA) has made law enforcement funds available for Federal Fiscal Year 2009-2010 through the Edward Byrne Memorial Justice Assistance program. Once the application has been submitted, the Department of Justice will review the application and notify the City of its approval in approximately one month. The City will then have three years from the allocation date to spend the funds. 072 The grant is designed to be used for technical assistance, training, personnel, equipment, supplies, contractual support, information systems for criminal justice, and criminal justice related research and evaluation activities. The La Quinta Police Department has requested the funding for the purchase of six new alcohol screening units. Because alcohol screening has become widely accepted and is incorporated with the investigative phase of impaired driving cases, the screening units are vital for use in the field to assist in reducing alcohol related collisions. Staff intends to accept the JAG funds and complete the online application process upon approval by the City Council. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept a Fiscal Year 2009-2010 Edward Byrne Memorial Justice Assistance Grant award in the amount of $16,887 from the U. S. Department of Justice, and grant approval to submit the project application; or 2. Do not accept a Fiscal Year 2009-2010 Edward Byrne Memorial Justice Assistance Grant award in the amount of $16,887 from the U. S. Department of Justice, and do not grant approval to submit the project application; or 3. Provide staff with alternative direction Respectfully submitted, Bret M. Plumlee Assistant City Manager — Managemen Services Approved for submission by: rl Thomas P. Genovese, City Manager 073 T4ht 4 ZfvQubtrw AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: July 7, 2009 BUSINESS SESSION: ITEM TITLE: Approval of Amendment No. 3 to the CONSENT CALENDAR: Golf Course Management Agreement with Landmark STUDY SESSION: Golf Management PUBLIC HEARING: RECOMMENDATION: Approve Amendment No. 3 (Attachment 1) to the Golf Course Management Agreement with Landmark Golf Management (Landmark) and authorize the City Manager to execute the Amendment. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the request of the lease companies for the golf course equipment, Landmark and City staff are recommending an amendment to the language in Section 3.6 of the Golf Course Management Agreement. The lease renewals for the golf course equipment will be due in November; the leasing companies have indicated the language does not protect them if Landmark is no longer the golf course management contractor. The current golf course management contract will expire June 30, 2010 during the term of the leases. The proposed amendment is designed to facilitate the City's assumption of the leases if Landmark is no longer the course manager. The existing provision relating to the leases and the proposed amendment are as follows: Section 3.6 Contracts and Agreements (currently reads) All leases and financing agreements for Furnishings and Equipment, and all contracts and agreements relating to the operation and maintenance of the Golf Course (including without limitation golf professional contracts, contracts for maintenance and repair services, pest control, supplies, and landscaping services, and agreementsjor 074 tournaments, banquets, and other group functions), entered into during the term of this Agreement shall be entered into by Manager as the contracting party and approved, as to form, content, and vendor, by the City. Payments for all approved leases, financing agreements, contracts and otherwise (the "Assumed Agreements') are defined Golf Course Expenses. City agrees, upon expiration or termination of this Agreement, to assume all such agreements it has so approved so long as no breach by Manager, except if breach is caused by City, in the Assumed Agreements has occurred prior to assumption. The proposed amended section will read: Section 3.6 Contracts and Agreements All leases and financing agreements for Furnishings and Equipment, and all contracts and agreements relating to the operation and maintenance of the Golf Course (including without limitation golf professional contracts, contracts for maintenance and repair services, pest control, supplies, and landscaping services, and agreements for tournaments, banquets, and other group functions), entered into during the term of this Agreement shall be entered into by Manager as the contracting party and approved, as to form, content, and vendor, by the City. Payments for all approved leases, financing agreements, contracts and otherwise (the "Assumed Agreements") are defined Golf Course Expenses. City agrees, upon expiration or termination of this Agreement, to assume all such agreements it has so approved. In the event that Manager has defaulted on its obligations under any such agreements City shall not be responsible for any scheduled payments due and owing before the termination or expiration of this Agreement and shall only be responsible for any scheduled payments due and owing after the date this Agreement is terminated or expires. According to the Agreement 11.6 Modifications and Changes 'This Agreement may be amended or modified only by a writing signed by both parties. Amendment No. 3 has been signed by Landmark in agreement to amend the language in Section 3.6 of the Golf Course Management Agreement. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include 1. Approve Amendment No. 3 to the Golf Course Management Agreement with Landmark Golf Management and authorize the City Manager to execute the Amendment; or 2. Do not approve Amendment No. 3 to the Golf Course Management Agreement with Landmark Golf Management; or 3. Provide staff with alternative direction. ••.:1 075 Respectfully submitted, Edie Hylton Community Services Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Amendment No. 3 016 AMENDMENT NO. 3 TO THE ATTACHMENT GOLF COURSE MANAGEMENT AGREEMENT BY AND BETWEEN THE CITY OF LA QUINTA AND LANDMARK GOLF MANAGEMENT, LLC. The Golf Course Management Agreement ("Agreement') dated April 8, 2004, by and between the CITY OF LA QUINTA, a municipal corporation ("City") and LANDMARK GOLF MANAGEMENT, LLC, a California limited liability company ("Manager") is hereby amended as follows: Section 3.6 Contracts and Agreements, is deleted and replaced with the following language: Section 3.6 Contracts and Agreements All leases and financing agreements for Furnishings and Equipment, and all contracts and agreements relating to the operation and maintenance of the Golf Course (including without limitation golf professional contracts, contractsfor maintenance and repair services, pest control, supplies, and landscaping services, and agreements for tournaments, banquets, and other group functions), entered into during the term of this Agreement shall be entered into by Manager as the contracting party and approved, as to form, content, and vendor, by the City. Payments for all approved leases, financing agreements, contracts and otherwise (the "Assumed Agreements") are defined Golf Course Expenses. City agrees, upon expiration or termination of this Agreement, to assume all such agreements it has so approved. In the event that Manager has defaulted on its obligations under any such agreements City shall not be responsible for any scheduled payments due and owing before the termination or expiration of this Agreement and shall only be responsible for any scheduled payments due and owing after the date this Agreement is terminated or expires. All other provisions of the Agreement remain in full force and effect, as amended by Amendments No. 1 and 2. Date ATTEST: Veronica J. Montecino, CMC City Clerk APPROVED AS TO FORM: M. Katherine Jenson City Attorney "CITY" CITY OF to QUINTA, a municipal corporation Thomas P. Genovese, City Manager Page 1 of O i l APPROVED AS TO FORM: M. Katherine Jenson City Attorney Date "MANAGER" LANDMARK GOLF MANAGEMENT, LLC By: L'I d� Name: Ii�n v VOsS�� P(`QSie�� SGLt' By: Name: E M Page 2 of 2 Tw!t 4 4 Quba COUNCIL/RDA MEETING DATE: July 7, 2009 ITEM TITLE: Approval to Apply for American Reinvestment and Recovery Act of 2009 Funding for the AB 811 (Levine) Contractual Assessments: Energy Efficiency Improvements Program RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: �T PUBLIC HEARING: Approve the request to apply for American Reinvestment and Recovery Act of 2009 funding for the AB 811 (Levine) Contractual Assessments: Energy Efficiency Improvements Program. FISCAL IMPLICATIONS: CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On July 15, 2008, the City Council directed staff to prepare a summary of AB 811 (Levine) Contractual Assessments: Energy Efficiency Improvements, and its provisions. On July 21, 2008, the Governor signed into law AB 811, which authorizes cities to establish a program to enter into contractual assessment loan agreements with property owners to finance the purchase and installation of energy efficiency improvements such as air conditioning units and pool pumps. Property owners repay the loan through a contractual assessment on their property, which is collected on their tax bill at the same time and in the same manner as property taxes. On August 5, 2008, staff returned to City Council with additional information related to AB 811, addressing provisions related to implementing an energy efficiency 1�4 improvements program. At that time, City Council directed staff to further examine the benefits of implementing such a program, specifically addressing whether the cost of servicing the debt is less than the savings on a monthly basis and to contact Imperial Irrigation District (IID) to obtain further information. On October 7, 2008, staff returned to City Council to provide an update on AB 81 1 . Staff asked IID personnel to determine the feasibility of implementing an energy efficiency improvements program for homeowners in the City. IID believed that implementing this type of program would be viable and would present a great opportunity for all involved. IID personnel believed the greatest energy savings will be from the replacement of old heating, ventilation, and air conditioning (HVAC) units with high efficiency HVAC units. The program can take a variety of forms such as specializing in HVAC replacement only thereby providing a greater number of residents with the energy savings measures, to providing a comprehensive list of energy savings measures but limiting the number of residents able to apply for the loans due to funding limitations, or anywhere in between. On May 19, 2009, the City Council approved a list of potential City projects eligible for American Recovery and Reinvestment Act of 2009 (ARRA) funding. Staff will be applying for projects• which are listed as Priority A. Since the list of potential ARRA projects, deadlines and grant requirements is modified regularly, staff may return to City Council to request approval to apply for additional federal stimulus funding. These projects would again be presented to City Council as Priority A. The "Energy Efficiency Incentive/Loan Program (AB 81 1)" was noted as a Priority B project and staff would now like to include this project in the Priority A section and partner with IID staff to apply for ARRA funding. Proposed AB 811 Program IID staff will be applying for $5 million dollars in ARRA funding from the California Energy Commission State Energy Program for this proposed program. In addition, IID is planning on providing. $5 million dollars to match this funding, if awarded. IID is looking for local governments interested in partnering with them to jointly apply for funding and eventually to implement an AB 811 program. IID has existing programs for City residents and businesses that target central air conditioning systems and pool pumps to improve efficiency and reduce annual cost for owners. Specifically, IID offers rebates on energy -efficient central air conditioners/heat pumps ranging from $85 to $165 per unit, depending upon SEER rating, and rebates on variable speed pool pumps at $200 a unit. «...0 080 An AB 811 financing program will supplement the rebated programs already available through IID to further assist residents in replacing old, inefficient systems for both air conditioners and pool pumps. If IID is successful in obtaining the $5 million in ARRA funding and providing a $5 million match, this level of funding has the potential to reach many IID customers and La Quinta residents interested in reducing their energy consumption and saving money on their electric bills, while at the same time reducing their carbon footprint. IID serves about 8,000 single-family homes in La Quinta. Approximately 3,200 single-family homes are in the target market —older than 1992. If La Quinta was in the IID AB 811 program, the financing program could assist a substantial number of La Quinta residents. If IID is successful in implementing an AB 811 program for their customers, their staff has offered to provide all administrative support for the AB 811 program to assist City residences and businesses in their pursuit of energy savings. Staff will continue to work with IID personnel and return to the City Council at a later date with more specific details regarding the roles of the City and IID. At this time, staff is seeking City Council approval to apply for ARRA funding in partnership with IID for an AB 811 Program. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve the request to apply for American Reinvestment and Recovery Act of 2009 funding for the AB 811 (Levine) Contractual Assessments: Energy Efficiency Improvements Program; or 2. Do not Approve the request to apply for American Reinvestment and Recovery Act of 2009 funding for the AB 811 (Levine) Contractual Assessments: Energy Efficiency Improvements Program; or 3. Provide staff with alternative direction. Respectfully submit 0.10 Bret M. Plumlee Assistant City Manager - Management Services (�Approved for submission by: Thomas P. Genovese, City Manager 081 a QU&rC4V a Fo �7 C yOF COUNCIL/RDA MEETING DATE: July 7, 2009 AGENDA CATEGORY: ITEM TITLE: Authorization for Overnight Travel for the BUSINESS SESSION: Finance Director and Two Members of the Investment CONSENT CALENDAR: Advisory Board to Attend the 2009 Local Agency Investment Fund (LAIF) Conference October 21 — 22, STUDY SESSION: 2009, in Sacramento, California PUBLIC HEARING: RECOMMENDATION: Approve authorization for overnight travel for the Finance Director and two members of the Investment Advisory Board to attend the 2009 Local Agency Investment Fund (LAIF) Conference October 21 — 22, 2009, in Sacramento, California. FISCAL IMPLICATIONS: Account No.101-4001-415.51-01 Travel and Training contains $2,500 for two Investment Advisory Board members and one staff member to attend this conference. Registration ($100 x 3) $300 Meals ($75 per day for two days) 450 Airfare ($280 x 3) 840 Hotel ($138 per night for two nights x 3) 828 Mileage 50 Parking 20 Total (for three attendees) $2.488 CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: .. 082 The Annual Local Agency Investment Fund Conference will be held October 21 - 22, 2009 in Sacramento, California. The LAIF 2009 Annual Conference is a two-day conference that focuses on financial issues affecting local governments and the investment pool. A preliminary conference schedule is attached (Attachment 1). FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for the Finance Director and two members of the Investment Advisory Board to attend the LAIF Conference in Sacramento, California, October 21 - 22, 2009; or 2. Do not approve authorization for overnight travel for the Finance Director and two members of the Investment Advisory Board to attend the LAIF Conference in Sacramento, California, October 21 - 22, 2009; or 3. Provide staff with alternative direction. Respectfully submitted, nafner, 6�John Finance Director Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . LAIF Conference Information �- 08.3 2 ATTACHMENT 1 Save The Date Local Agency Investment Fund (LAIF) Annual Conference October 21 - 2212009 The LAIF Annual Conference will be held on Wednesday, October 21 at the Sacramento Convention Center in downtown Sacramento. A post -conference tour of Investments/LAIF is scheduled the following day Thursday, October 22 at the California State Treasurer's Office (Jesse Unruh Building). It is anticipated the conference registration form will be posted on the LAIF website (www.treasurer.ca.gov/pmia-laif) and mailed to participating LAIF agencies two months prior to the event. For questions regarding the conference please contact Janice Hayashi at jhayashi@,treasurer.ca.gov or call (916) 653-3001. 084 3 ceityl 4 4vQ,.mrw COUNCILIRDA MEETING DATE: July 7, 2009 ITEM TITLE: Adoption of a Resolution Approving the Fiscal Year 2009-2010 City of La Quinta Budget and Establishing the City's Appropriation Limit RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt. a Resolution of the City Council approving the Fiscal Year 2009-2010 City of La Quinta Budget and establishing the City's Appropriation Limit; and receive and file the Five -Year Resource Allocation Plan. FISCAL IMPLICATIONS: All Fiscal Year 2009-2010 revenues, operational appropriations and capital project funding are included in the Proposed Fiscal Year 2009-2010 Budget (Attachment 1)• The Final General Fund Balance reserve for Fiscal Year 2009-2010 is $11,309 after changes have been made based upon the June 9, 2009 Preliminary Budget Council Meeting (Attachment 2). CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the City Council Meeting of June 9, 2009, the City Council adopted the Preliminary Budget and provided staff direction regarding the Final Budget for the 2009-2010 Fiscal Year. Additionally, staff has provided a list of continuing appropriations/encumbrances for Fiscal Year 2008/2009, as well as, a copy of the June 9, 2009 Staff Report for reference (Attachments 3 & 4). As indicated in the City Manager's Budget Message, staff believes that this year's budget is a continuation of the City Council's commitment to enhancing the quality of life for La Quinta during these challenging economic times. As a result, staff has decreased the budget estimates for most general fund departments while still maintaining a conservative fiscal policy. Also provided for the City Council review is the City's annual Five -Year Resource Allocation Plan (RAP) (Attachment 5). The RAP uses general assumptions, which are included in the attachment, to project revenues and expenditures for the next five years. In addition, the RAP lists the projected staff needs for the next five years. City staff requests that this item be received and filed. Respectfully submitted, John M. Falconer, Finance Director Approved for submission by: (_ a�yff, Thomas P. Genovese, City Manager Attachments: 1. City of La Quinta Fiscal Year 2009-2010 Annual Budget and Supporting Document (under separate cover) 2. Changes between Preliminary vs. Final Budget Accounts 3. Appropriations/Encumbrances 4. June 9, 2009 Staff Report 5. City's Five -Year Resource Allocation Plan 086 RESOLUTION NO. 2009 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ESTABLISHING THE CITY'S APPROPRIATION LIMIT FOR FISCAL YEAR 2009-2010 AND APPROVING A BUDGET FOR FISCAL YEAR 2009-2010 WHEREAS, each year the La Quinta City Council adopts a Budget for Revenues and Expenditures for the upcoming Fiscal Year; and WHEREAS, the City Council desires to make provisions for a level of services commensurate with the needs of the City; and WHEREAS, the City Council has reviewed said budget and has had several public meetings to receive public input; and WHEREAS, the City Council has, after due deliberation and consideration, made such amendments in the proposed budget as it considers desirable; and WHEREAS, Section 7910 of the government Code of the State of California provides that each year the governing body of each local jurisdiction shall, by resolution, establish its appropriations limit for the following fiscal year; and WHEREAS, Section 7902(b) of the Government Code sets forth the method for determining the said appropriations limit, to be based upon the limit applicable for the prior fiscal year and adjusted for changes in the cost -of -living and in City population. NOW, THEREFORE, BE IT RESOLVED by the City of La Quinta to adopt, as follows: SECTION 1. The appropriations limit for the City of La Quinta established in accordance with Section 7902(b) of the California Government Code, for Fiscal Year 2009-2010 is $88,355,317. SECTION 2. It is hereby found and determined that in compliance with Government Code Section 7910, the documentation used in the determination of said appropriations limit for Fiscal Year 2009-2010 was available to the public in the Finance Department of the City and in the Office of the City Clerk at least fifteen days prior to this date. SECTION 3. The Fiscal Year 2009-2010 Budget which is on file with the City Clerk is hereby approved. .. 087 Resolution No. 2009- Budget Approval FY 2009-2010 Adopted: July 7, 2009 Page 2 SECTION 4. The Redevelopment Agency agrees to the reimbursement to the City for services performed by the City on behalf of the Agency. Such reimbursement, as computed and included in the budget document, shall include salary, salary related costs, direct costs, and indirect overhead costs. SECTION 5. Continuing Appropriations which remain unspent and were authorized by Council in Fiscal Year 2008-2009 are approved in the Fiscal Year 2009- 2010 Budget in an amount not to exceed $3,681,035. SECTION 6. Encumbrances for Fiscal Year 2008-2009 for committed appropriations are approved in the Fiscal Year 2009-2010 Budget in an amount not to exceed $160,222. SECTION 7. Budget adjustment procedures are approved as follows: A. Additional appropriations and the transfer of cash or unappropriated fund balance from one fund to another shall be made only upon City Council approval. B. Transfers of budgeted appropriations between divisions or capital projects shall be made only upon City Council approval. C. Transfers of budgeted appropriations between accounts within a division or capital project may be made with the approval of the City Manager or his designee. D. Prior year budget continuing Appropriations and Encumbrances for unexpended capital project appropriations remaining from uncompleted prior year capital projects shall be made with City Manager approval. These carry-over appropriations are for prior year Council approved capital projects and shall not exceed the approved project budget. SECTION 8. The City Council, recognizing the need for maintaining Fund Balance reserves has established a General Fund Cash Flow Reserve for the FY 2008- 2009 of 8.25% of the FY 2009-2010 budget which amounts to $3,347,602 for FY 2008-2009, and has also established a General Fund Emergency Reserve for FY 2008- 2009 of 35% of the FY 2009-2010 budget plus $4,000,000 which amounts to $18,201,948. ,ee Resolution No. 2009- Budget Approval FY 2009-2010 Adopted: July 7, 2009 Page 3 SECTION 9. The City Manager shall render a monthly report to the City Council on the status of City operations as it relates to the approved budget and any amendments thereto. PASSED,. APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 7th day of July, 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CIVIC, City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 089 A 1 1 AurilIvIt1V 1 L City of La Quinta Changes Between Preliminary vs. Final Budget Accounts FY 2009-2010 General Fund - Operations Preliminary Budget - Reserve La Quinla Chamber of Commerce Coachella Valley Economic Partnership Subtotal Reserves as of June 30, 2009 General Fund Cash flow reserve - 8.25% of budget Encumbrances and Continuing Appropriations - General Fund (1) Emergency reserve - 35% of budget plus $4,000,000 Continuing Operations & Projects Subtotal Preliminary Bud et Changes Final Budget 25,309 (14,000) 11,309 130,000 20,000 150,000 12,000 6,000 6,000 142,000 14,000 156,000 Preliminary Budget - Changes Final Budget 3,346,447 1,155 3,347,602 3,658,376 105,597 3,763,973 18,197,048 4,900 18,201,948 16,853,820 111,652 16,742,168 (1) An additional carryover of $40,000 from AMR Code Fines which must be used for equipment is requested, an additional $35.597 will be used to pay the County of Riverside for Traffic Maintenance services is requested and an additional $30,000 to complete the Ave 58 improvements is requested. At mid -year staff requested a reduction of $118,000 for the Ave 58 projects due to anticipated cost savings. However, the cost savings amounted to $88,000. rim /1 9 s I'. v . . . . . r.. . Coy of V Clulrrte Fideel Year 200=9 ConOnulnO AWropriatim alEneumbnnces-Note 1 6171209 As presented In Budget Documents Department Account Continuing Appropriation Encumbrances Tomt Development Services 101.1W3413.33 W 101-1003 13.33.31 101.1W3-413.33-35 CMD Landscape Design Conservation Program Publicity CMD Irrigation Controllers 17,W0 1,300 ONO 17,501) 1,3W 9900 28,700 WOO Management Services 101-1W4113.33-22 101-10044113.33-24 101-1004-413.33.24 4Imprint Rivenids County Waste Management Mity Uta 1. 3,039 2,000 7506 3,039 2,000 ]SW 12,1145 12 545 Community Services 1014001451.80-07 101-301-451.5541 101-300645171-02 FIND Food Bank AdwUsing- Barriers FumiWre 250,OW 6,0M loom 250,000 6,W0 10000 266,000 266,000 Finance 1014002491.95-10 Transfer Out -to CIP Ava 58 NOW 30Wo ",ON 30,00 Police 101-50544521.5602 Lund Industries Inc 502 502 502 502 Building and Safety 101-5055422.71-01 101-5055422.7141 101-5055422.71-02 f01-5056425.51-01 Air Cleaning Systems AMR Code Fine Compliance Equipment Furniture-Finess Equipment Simpler Life Emergency Prov.,lnc 87,250 2716 87,250 40,OW 10,0W 2716 89 966 137 260Community d4O.OW Development 101-6W1-463.32-10 1016W1-463.32-10 1016W1-463.12-10 Subtoal 1016002-46332.10 1016002463-32.10 Subtotal Total General PlanUpdate PL1320 L"ghBng OMinence PL1330 Gof Cad Plan PLI ME Update Housing Element PL2415 AmAaeological CureOon PL2425 851,235 5,575 5180 - 861990 22,718 10000 22.718 1OWO 32,718 - 32,118 ON 708 - 8941e8 Public Works 101-1001431-3207 101-]001431-320] 1O1dW1431-12.0] Subtotal Contract Services/Consultants Evans B Assadetes Tn State Land Surveyors 176.757 4,911 2950 176.757 4,911 2950 178757 7881 184618 101-7002431-32.10 1014M431-32AO 101.7002431-32.45 Subtotal 101-700d31.43.73 101-700 431.3365 tOIJW3431.34-04 101-70()3431.5646 Subtotal 101-70 31-32-07 Subtotal 101-7006.431-5602 1014WS431.%6 2 101-7006-431.32-20 Subtotal Contract Servlta6/PrefeB3lOral Condition Writing Bencbmarks/Surveys Maintenance S Repairs/Storm Drains Contract Services/Street Striping Pavement B RAN Service S SuppliesnSigns Willdan Tri State Land Surveyors Hadzog & Cmbill, Inc Operating Supplies Contract S ervicearConsullants - County of Riverside 3,000 10,000 8000 3,000 to," 60W 19 WO 19000 1,000 76,685 1,779,582 250,000 7,920 1,W0 76,685 1,779,582 2W,000 7,920 2.107.267 ] 920 2115187 4W0 4900 - 4900 4900 34.DW 35597 960 960 URN 35597 69 W3 WO 70.%3 Total 2372627 21 641 3394268 TOUT -General Furd 1 1 3603035 INA" 3763973 ... 091 CRY of to Oulrds Fiscal Year 2006106 Continuing AppropHatlonstEncumgeenees -Note / 6117QOM M presented In Budget Doaum nln, De mnent Account Descui lion Congnuing Appmpdafion Encumbrances Total AB 939 221- 0 46333-22 O01er Outside Sewic&VAB 939 Recycling 29000 - 29000 29,000 211000 EdulMenl Replacement 5014i000-511,71-03 501-0000-511.71-03 Vehiclea-Mimal Control Van Conversion Vehicles-Mimal CorMal Cargo Van 16,612 16956 16,612 169% 36 666 35,5118 hrtormagon Tecnnology Fund 5024)000512-%25 OpereOng Supplies- So6Wem 6 HTE Training 50000 50000 60000 50000 Capital Improvement Progrem 401.0000-391.OD-00 Transfer In- General Fund Ave 56 30000 30000 W." 30 000 Total: City of i-a puinfa EE41 L 3 711 036 160 222 S 906 641 Note 1 - The appropriations and enwmdmnws united ml oa aalusreo m ranee aauai-11-11u1 -a a3 01 emm ov, a-- iu r.aw, . __. ..�..o •. 092 ATTACHMENT 4 a O S C OF'MF'�� COUNCIL/RDA MEETING DATE: June 9, 2009 ITEM TITLE: Consideration of Fiscal Year 2009/2010 Preliminary Budget RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Adopt the Fiscal Year 2009/2010 Preliminary Budget and direct staff to prepare a Fiscal Year 2009/2010 Final Budget for the July 7, 2009 City Council Meeting, FISCAL IMPLICATIONS: All Preliminary Fiscal Year 2009/2010 revenues, operational appropriations and capital projects funding are included in this Preliminary Budget. Pursuant to City Council direction, staff has presented the City Council with a balanced General Fund with an estimated operating surplus of $25,309 for Fiscal Year 2009/2010. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Introduction As the City Council is aware, the Budgeting process actually starts in February when the City Council discusses the City Council Goals and the Annual Financial Management review. The Annual Financial Management review is the first component of the strategic planning process, and along with the discussion of the City Council goals are the building blocks of the Budget. The City Council has since reviewed and approved the Economic Development Plan, the Capital Improvement Program and the Marketing Plan for the upcoming Fiscal Year. Each of the implementation needs of these documents have been incorporated into the proposed budget. % , 093 This preliminary Fiscal Year 2009/2010 Budget is similar to the format implemented in previous years. This format utilizes two separate documents to develop the City, Redevelopment Agency and Financing Authority's Budget. The first of the two documents utilized for presentation of this year's budget is titled: "Fiscal Year 2009/2010 Preliminary Budget," and includes the total scope of operations for the City, Agency and Financing Authority. The second document is titled: "Supporting Document." This document provides the detail for each program operation and the justification for any of the changes requested. Executive Summary The following table shows a comparison of the revenues and expenditures in the General Fund from Fiscal year 2009/2010 and 2008/2009: Fiscal Year 200912010. 2008/2009 Change Estimated Budgeted Revenues 38,930,755 39.263,863 (333,108) Application of Reserves 0 250.000 (250.000) 'Transfers In 367,716 838,171 (470,455) Reimbursements 6,016,126 5,087,820 928,306 Total Sources 45,314,597 45,439,854 125,257 Estimated Operating Expenditures 40,562,993 44,689,748 (4,126,755) Transfers Out 4,726,295 715,454 4,010,841 Total Uses 45,289,288 1 45,405,202 115,914 Net income (loss) 25,309 1 34,652 9,343 094 Summary of This Year's Budget Revenues — General Fund This year's General Fund projected revenues of $45.3 million are only slightly down from the $45.4 million from the prior year as projected in the following table: REVENUE TYPE INCREASES County Fire - Station 32 $ 4,145,841 Change in Reimbursements 928,305 Property Tax 724,100 Intergovernmental 34,254 County Fire Operations 15,100 Miscellaneous 5,201 Subtotal 5,852,801 (DECREASES) Sales Tax (1,572,000) Transient Occupancy Tax (1,449,100) Interest (719,678) Fees for Service (688,005) Change in Transfers in (470,455) Licenses & Permits (494,880) Application of Reserve (250,000) Franchise Fee (179,900) Document Transfer Tax (143,440) Motor Vehicle in Lieu (10,600) Subtotal (5,978,058) Total $ (125,257) Reconciliation Prior Year Revenues FY 2008/2009 $ 40,352,034 Previous Year Reimbursement FY 2008/2009 5,087,820 Budget Summary FY 2008/2009 Sources $ 45,439,854 Budget Summary FY 2009/2010 Sources 45,314,597 Change $ (125,257) 095 Revenue Increases Three major increases in revenue are (1) $4.1 million in County Fire Tax Credit Funding for the construction and relocation of the new Fire Station 32 in the Cove to provide better service to the residents in the Cove and surrounding areas. It is important to remember that this revenue increase is a one-time event and does not pay for on -going operational expenses, (2) an increase of $928,000 in reimbursements from other funds to the General Fund to pay for its services, and; (3) and increase of $724,000 in property tax and no -low property taxes from non -Redevelopment Area's in the City. The majority of increases in reimbursements come from the Gas Tax ($500,000), Capital Improvement Projects ($200,000) and Library/Museum ($150,000) Funds. Revenue Decreases Staff is projecting a continued slow down in the local economy in Fiscal Year 2009/2010, which began in the fall of 2008 and has continued through the date of this report. While the City has experienced down turns in the past that have impacted certain revenues categories, such as building activities or property values (mid 1990's), tourism (post 9/11) and low interest rates (2003-2004), this slow down has impacted most if not all City revenues categories and occurred quite suddenly. Staff is projecting a 17.35% decrease or a reduction of $1.572 million in sales tax revenue for Fiscal Year 2009/2010 and a 24.5 % decrease in transient occupancy tax or $1.45 million in Fiscal Year 2009/2010. The pooled interest earnings for Fiscal Year 2009/2010 are forecasted to earn 1 % and yield $700,000 less in interest income than last year. Planning/Public Works/Building related fees for service and licenses are anticipated to decrease by $688,000 and $495,000, respectfully for a total of $1.183 million. 096 Expenditures — General Fund This year's General Fund projected expenditures of $45.3 million are only slightly down from the $45.4 million from the prior year as projected in the following table which reflects by Department the increase and decreases from last year's budget: DEPARTMENT TOTAL EXPENDITURES CHANGES REIMBURSEMENTS CHANGES INCREASES Department Police $363,899 $363,899 Fire 6,535 8,542 15,077 Subtotal 370,434 8,542 378,976 (DECREASES) Departments Public Works (2,023,276) (667.643) (2,690,919) General Government (894,906) (138,431) (1,033.337) Community Services (465,258) (110,695) (575,953) Planning (456,533) (100) (456,633) Building & Safety (415.525) 1,623 (413.902) City Clerk (137,277) 2,000 (135,277) Finance (104,414) (23,601) (128015) Subtotal (4,497,189) (936,847) (5,434,036) Net Decrease in Expenditures (4,126.755) (928,305) (5,055,060) Increase in Transfers 4,010,841 Total ($115,914) Reconciliation: Prior Year Expenditures FY 2008/2009 $44,719,498 Employee Computer Loan Program (29,750) Subtotal 44,689,748 Previous Year Transfers Out FY 2008/2009 715,454 Budget Summary FY 2008/2009 Sources $45,405,202 Budget Summary FY 2009/2010 Sources 45,289,288 Change ($115,914) 097 Decreases in General Fund Expenditures With the estimated reduction in revenues forecasted for Fiscal Year 2009/2010, the following reductions in over $50,000 in the Budget have been proposed with the intent to not decrease service level to the public, whenever possible. Some of the more notable planned expenditure decreases in this year's budget include: • Decrease in the three (3) Internal Service Fund charges for services of ($1.226 million) - Equipment Replacement Fund ($650,000), Park Maintenance Fund ($413,000) and Information Technology ($163,000). • Decrease in net General Fund expenditures of $(928,000) though increased reimbursements as outlined in pages C-5 and C-6 of the Budget. • Decrease in funding for the Palm Springs Desert Resort Convention and Visitor's Authority (CVA) ($533,000). • Decrease of ($400,000) in Planning Department special studies. • Final payment in Fiscal Year 2008/2009 to Cal State San Bernardino ($250,000). • Decrease of $(227,000) in Police Department Capital Equipment. • Decrease ($200,000) in Public Works Administration Division special studies for Washington St Corridor ($50,000) Underground Utilities Study ($75,000) and Dune Palms/Whitewater River Study ($75,000). • Decrease of ($200,000) in slurry seal program. • Decrease in salaries and fringe benefits ($183,000). • Decrease of ($150,000) in Building & Safety Plan Checking Services. • Decrease of $034,000) in Police Officers Training Fees • Decrease ($120,000) in Public Works Plan Checking Services. • Decrepse of ($135,000) in sales tax reimbursements to developers\business\hotel. • Decrease of ($100,000) in Public Works Landscape and Lighting Division special studies. • Decrease in Personnel reserve and estimated claims ($60,000 and $50,000) respectively. • Decrease of ($100,000) for multi -use trails and medians. • Decrease of $(90,000) in Fire Department overhead costs. • Decrease in staff overnight travel ($86,000). • Decrease of ($77,000) in Public Works Engineering Division contract inspections. • Decrease of ($75,000) in street signs. • Decrease in Fire Department Capital Equipment - ($60,000). • Decrease in Temporary Agency funding ($57,400) for scanning City documents. • Decrease in Police Booking fees ($50,000). 1•: Increases in General Fund Expenditures The following are some of the notable increases in the General Fund over $50,000: • Increase of $4.1 million in transfers out for the construction of the new Station 32 Fire Station and traffic signal. • Increase of $212,000 in Police Officers Salaries and Fringe Benefits. • Increase of $137,000 in Fire Department Salaries and fringe Benefits. • Increase in Bob Hope Classic Police costs of $105,000. • Increase in Police Department Mileage expenditures of $113,000. • Increase of $95,000 for the contract service agreement to operate the La Quinta Library. • Increase of $50,000 in liability and earthquake insurance for La Quinta Library. Increase in JAG Grant Expenditures of $69,000 (offset by grant revenues). Personnel The following changes for Fiscal Year 2009/2010 are being recommended to the Authorized Positions list as detailed in Section H are as follows: • Four (4) positions are being recommended for deletion from the City authorized positions, listing bringing the City-wide total from 105 in Fiscal Year 2008/2009 to 101 in Fiscal Year 2009/2010. • Community Service Department - Museum Manager Planning Department - Assistant Planner Public Works Department - Secretary Public Works Department - Traffic Engineer • With the deletion of the Traffic Engineer, staff is proposing elimination of the Traffic Division and the employees and activities be transferred to the Engineering Services Division. • The title of the Personnel/Risk Manager has been renamed to Human Resources/Risk Manager to be more in -line with the position's responsibilities and industry practice. • A transfer of the Office Assistant in Planning Department Administration Division to the City Manager Development Services Division (50%) Management Services Division (50%). Police and Fire Department Budget Discussions Police Services - the overall budget for Police -Services has increased by $364,000. This represents the largest service level cost in the proposed budget. Police Services represents 27.7% of total General Fund expenditures for Fiscal Year 2009/2010 as compared with 26.8% of the Fiscal Year 2008/2009 budget. Last year, the Police budget grew by six positions: four patrol deputies, one Community Service Officer and one dedicated Lieutenant, which was a $1.26 million increase in the Fiscal Year 2008/2009 Budget over the Fiscal Year 2007/2008 Budget. This year there is no increase in Police staff being proposed. Since the Indian Gaming Grant was not renewed for Fiscal year 2009/2010, staff is proposing the reduction of one grant funded motor officer which is estimated to occur at mid -year when the Indian Gaming Grant funds are gone. The original Police Budget had the motor officer funded for the entire year or $222,000, which has resulted in a reduction of $102,000 from the Police budget to a revised amount of $120,000. In addition, special enforcement funds were originally requested for $262,500 for Fiscal Year 2009/2010, which was a $12,500 increase from the $250,000 Fiscal Year 2008/2009 Budget. The City Manager has recommended a reduction of $10,000 to this line item for an increase of $2,500 over the prior year's budget. The largest factor for the aforementioned increase of $346,000 is $212,000 in rate increases for labor costs for the same level of service in Fiscal Year 2009/2010 as Fiscal Year 2008/2009. This increase has occurred based upon contract negotiations with the County and its employee bargaining units. Also included within the Police Department proposal is $105,000 for Bob Hope Classic costs for public safety, $70,000 for, rent expenses for the Highway 111 Police sub -station, $69,000 in Justice Assistance Grant (JAG) funds, which are offset by Federal funds, an increase of $112,000 in estimated mileage costs, and a reduction of $227,000 for capital costs for the Highway 111 Business District Police Office. Fire Services - the overall budget for Fire Services has increased by $15,000 to a total of $4,985,910 for Fiscal Year 2009/10. This represents the third largest service level in the proposed budget. Fire Services represents 11.2% of total General Fund expenditures for Fiscal Year 2009/2010 as compared with 1 1.1 % for Fiscal Year 2008/2009. The primary factor for the increase is an increase of $75,000 in the County Fire Contract, which is offset by a $60,000 decrease in equipment from the prior year. No change in Fire Services personnel is being recommended. Revenues for these services have come from the Fire Structural Tax and Property Tax increment from Project Area 1 and 2, which should exceed appropriations and continue to result in a surplus. ».. 100 Green and Sustainable Programs Included in the Fiscal Year 2009/2010 budget is a summary of City-wide green and sustainable environmental goals. Key green environmental programs include: • Manage the Green and Sustainable La Quinta Program, which is directed toward reducing energy consumption and conservation of resources; • Continue to partner with Coachella Valley Water District, Imperial Irrigation District, and the Gas Company to implement environmentally efficient programs that reduce greenhouse gas emissions; • Complete energy audits and implement conservation enhancements for City buildings; • Commence major update to City's General Plan that includes greenhouse gas and additional "green" programs and policies; • Implement LEED, water conservation and other green/environmental programs for the SilverRock Resort clubhouse, golf courses, and related infrastructures; • Install smart irrigation controllers at all City buildings; implement and monitor the City of La Quinta and Coachella Valley Water District Cooperative Landscape Water Management Program; and • Implement and monitor the City of La Quinta and Imperial Irrigation District Energy Reduction Program. Also included in the budget is a listing of department specific green and environmental projects totaling $590,282. Major projects include: Corporation Yard CNG fueling station ($197,000), turf replacement at City Hall and Fire Station 73 ($80,000 and $75,000, respectfully) and Cove Home Landscape and Irrigation Redesign ($40,000). In addition, staff is recommending continuing our cooperate efforts with CVWD on landscape conversion ($25,000) Publicity ($5,000) and Irrigation Control ($15,000) programs. 101 Community Service Projects The following table lists Community Service items exceeding $5,000 as contained in the Preliminary Budget: Chamber of Commerce La Quinta Arts Foundation Boys & Girls Club- Faciiity Use (1) YMCA Pod Contract Grant Contingency Community Special Events Date Festival Coachella Valley Economic Partnership Jacqueline Cochran Regional Airport ( Airshow and dues) (1) $30,000 from Community Development Block Grant 130, 000 145,800 70,000 32,000 100,000 9,000 5,000 12,000 15,000 Overall, the City's General Fund Budget is a positive story. As identified on page C-1 of the Preliminary Budget, this year's budget is currently balanced and contains a surplus of $25,309. Some of the significant items or changes contained in the Preliminary Budget from Fiscal Year 2008/2009, which total ($5,073,060), are listed in Attachment 1. Other Funding Requests — La Quinta Chamber of Commerce The City received a request from the La Quinta Chamber of Commerce for Fiscal Year 2009/2010 totaling $196,000. The preliminary budget for Fiscal Year 2009/2010 has $130,000 funding budgeted for the La Quinta Chamber of Commerce, which was the amount included in the Fiscal Year 2008/2009 budget. In the past, the City Council has considered these funding requests at this time or referred, as deemed appropriate, the request(s) to the grant process. Attachment 2 lists Fiscal Year 2008/2009 Grants/Contingency/Contracts/Other activities funded by the City and Attachment 3 lists the Chamber of Commerce request. State Budget Impacts The Fiscal Year 2009/2010 budget does not contain any State mandated shifts, which have resulted in lost revenues to the City and Redevelopment Agency in the past. 102 Five -Year Resource Allocation Plan, City staff is currently completing the Five -Year Resource Allocation Plan (RAP). This five-year plan forecasts the operating expenditures and the anticipated revenues to pay for these expenditures. Staff will incorporate any changes between the Preliminary Budget and the final budget into the Five -Year Resource Allocation Plan which is scheduled for presentation at the July 7, 2009 City Council meeting. Summary This memorandum is intended only as a summary of the issues and details of the budget. We look forward to these discussions with the City Council at the June 9, 2009 City Council special meeting. The City staff will be prepared with recommendations, and requests to report on, methods/suggestions to balance the operating budget. FINDINGS AND ALTERNATIVES: City staff is requesting: 1) Review and comment on the 2009/2010 Fiscal Year Budget and provide direction regarding any proposed changes to the document; and 2) Approval of the 2009/2010 Fiscal Year Preliminary Budget as amended at the June 9, 2009, City Council Special Meeting. (Any approved changes by the City Council to be incorporated into the Final Budget for adoption on July 7, 2009.) 3 4Reectfully submitted, M� John M. alconer, Finance Director Approved for submission b Thomas P. Genovese, City Manager Attachments: 1. Changes between Fiscal Year 2009/2010 & 2008/2009 General Fund Expenditures 2 Grants/Contingency/Contracts/Other & Dept Requests 3. Other Funding Requests - La Quinta Chamber of Commerce 4. Staff Outline 5. Major Highlights 6. 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Tolls for Tomorrow 5,000 S,000 5,000 Osher Leaning Institute 3.780 3.780 3,7W La Quada Entertainment & Culbral Organization 2,500 2,500 2,500 Somptomisl hdanatlwW 4,050 1,050 1,050 La Outlets Hfgh School WinterGuard 2,000 2,OOD 2,000 College of let DesM Foundation 1,000 1.000 1,000 Gam of the DesettlCily of Hope 1.000 1,OOD 1,000 Le Quin Rugby CAA 1.000 1,000 1,OD0 Visiting Nose Aasodetion of the Alerts Counties 1,000 /,000 1,000 Virginia Waiting Intention, Plano Congebtion /,000 1,OOD 1,000 he National League of American Pm Warmn /,000 1.000 1,000 JeaeO Cancer Foundation 1,000 1." 1'" 8.010 8.010 Q010 100,000 Subtotal 1W." 1 91.990 0 1 10D,000 0 Contracts Chamber of Commerce MOOD 97,500 32.500 130.000 130.000 66,000. Bob Hope Claysw Classic 100,000 100,000 100,000 100,000 Canamriy, Special Everds 12,9w 7,830 5,070 12.900 9.000 Bop &Gins Club. Facility Use 70,000 51,985 18.015 70,000 70,000 YMCA Fritz Buns Pod CaAact 38,000 24,209 13.711 38,000 32,000 Dosed Resorts Conversion Viskm Auttlamy 641.250 645.176 (62.499) 582.677 142.500 Marketing Services 570,000 388,291 101.709 570,000 550,000 DeaorlR Resorts 15,0D0 15000 15,000 1,518,577 15,000 Suololel 1,577.150 I.MD.071 188.506 1,018.500 66,000 0 DeporbnenVOler Request FINDFood Barb 250.000 0 250.000 250.000 CSUSB Paen Desert Gampus 250.000 250,000 250,0D- 250,000 subtotal 500,000 250,000 5W,000 0 0 0 Written mgwsb Le OuMa AM FelMasarl - Arlo FesBvd tOD,000 100,O00 100,000 tOD,000 Le Oulnb AM Foundation- Facility Rem 20,800 20,800 20,800 20.800 La Quin Arts Foundation - Odw Events 25,OOD 25.000 25,000 25,000 Raw" County Date Festival 5,000 6,000 5.000 5,000 Coachells Valleir Econome, Partnerstsip 12 ODD 12,000 12,000 12,000 SubWi 162,800 182,800 0 150,800 162,800 0 0 Tobl j2,J1/,J50 S7,fIJb,b12 j/l1,25b f2,27J,777 N,J1b,700 j66000 Note 1 - Gem represents reductum in Mcft fees Note 2 - $5.ODD allocated far be M Shout and i10.000 allocated for Membership Note 3-M1aml Committed of i20,800 represents nrd Of CiybclSVes dukg het Fes" 112 ; Calle Tampico #B • La Quinta CA 92253 To: Cc: CHAMBER OF COMMERCE Tom Genovese, City Manager, City of La Quinta Phone: (760)564-3199•Fa : (760) 564-3111 May 18, 2009 Scott Brooks, Chair of the Board, La Quinta Chamber of Commerce From: David S. Archer, President/CEO, La Quinta Chamber of Commerce Re: 2009-2010 City -Chamber Contract for Services Proposal Thank you for the opportunity to submit a proposal to continue to partner with the City of La Quinta for the following services: Items Discussed Below: ❑ Contract for Services Increase Analysis ❑ GEM Production ❑ Member/Business Economic Development ❑ Village Sign Renovation ❑ Key Statistics ❑ Contract for Services 1. Business Retention and Promotion 2, The GEM Community Newsletter 3. The Visitor's Center 4. Annual Financial Review ❑ Attachment "A" Total Amount: $196,000.00 RECEIVED MAY 2 6 ' 2009 CITY OF LA OUINTA CITY MANAGER'S OFFICE q:50 p- m . Our request for City funding for the fiscal year 2009-2010 is $196,000.00, with a payment schedule reflected as follows: September 29, 2009 $49,000.00 December 29, 2009 $49,000,00 March 30, 2010 $49,000.00 June 29, 2010 $49,000.00 The Chamber will continue to provide quarterly reports prior to these dates as we have done in previous terms. We appreciate the opportunity to submit this proposal and look forward to continuing to provide these services for the City of La Quinta for the benefit of current and prospective residents and businesse4. The Voice of Business 11-3 rmvau1u®fyrAanArrram www.IgrAaenc�rom Contract for Services Increase Analysis: From a historical perspective the Contract for Services was at $170,000 in FY 99-00 reducing down to $155,000 in FY 00-01 and eventually down to $125,000 following the elimination of the "Main Street" festival and was increased up to the current level of $130,000 in FY 05-06 to include the annual review/audit. The increase in the current proposed Contract for Services Agreement for FY 09-10 is from $130,000 to $196,000 and is broken into three main areas; GEM Production $26,000, Member/Business Economic Development $25,000, and the Village Sign Renovation $15,000, will be discussed separately. GEM Production As outlined in Attachment A, the GEM Newspaper Production costs have increased by 74% or $66,000 between 2005 and 2009 due to an increase in volume, postage rates, printing costs, processing fees, and publishing costs while the Contract amount has remained constant for the past nine years. In addition, the quality of GEM continued to improve into the current "magazine" type periodical that could arguably have replaced LQ Magazine. From a standards perspective most "contracts" have an escalation clause or a CPI adjustment built in normal adjustments in the economic conditions. Member/Business Economic Development Regarding the $25,000 included for Member/Business Economic Development and equates to approximately $45.00 per member, the Chamber is implementing a number of initiatives not currently in effect. ❑ Band of Locals — a discount wrist band (Lance Armstrong) whereby the "Band Member" (Chamber Member) offers the "Band of Locals" (Consumer) a discount for the summer months. This will be promoted in the GEM, Social Networking, and by various other methods. ❑ Chamber outreach to the "Village" area as discussed in the City's Economic Development Plan, the Chamber has committed to contact every business in the Village and discuss ways to enhance their business through the Chamber and or by other means. ❑ The Chamber would like to be more effective in acting as a conduit to the local business for the City on items such as "Save Our City" campaign as desired by the California League of Cities and California Redevelopment and in "Pod Cast" summaries of pertinent business items arising from the City Council meetings. Village Sign Renovation In a continued effort to aid the businesses in and around the "Village" an amount of $15,000 is being requested to renovate the outdated and weathered "Village Signs" supported by the Chamber. Presently there are seven signs throughout the Village and they have become ineffective and confused with the similar Building Industry signs. It is the intent of the Chamber to have a similar look and feel as the City's "new" signage program. The amount requested is a quote/place bolder from a Chamber member and we will do an official RFP as we move forward. 114 Key Statistics: La Quinta Chamber of Commerce Membership by CRY 4 ei M.e 3OOY Mi M.mb.r. u.w.iGM1 � • a.m VM1v� w La Qulnta Chamber of Commerce Mwn r+hlp A *d by Inee.by July er - b.e ae pmr...a.e s.�.w.. La QuInta Chamber of Commerce Memberships Dropped by Indus" .tuh er -hprll M 3M Mxnb.n OXw Ceua Prorrrbn.i S�rw feua MY NwrRoa Cwn ll% r- R..va•arcmw r% iiv.yMM E.w. LwY a% R.W ur.n. CovM 0% R-- i3x EE�Caw ••• x } 115 The areas of service to be provided under the proposed Contract for Services are defined as follows: 1. Business Retention and Promotion The Chamber surveys its membership on an annual basis and periodically as appropriate, to determine the most effective means of assisting the business community in La Quinta. What we found in our latest survey membership wanted the Chamber to continue to provide both skill enhancement and opportunities from a networking perspective as its number one response. Being a "resource" came in second. Additionally, the Chamber recognizes the potential for being a key conduit for the City to reach the Business community. The following pertains to how we have and are addressing the members' desires and programs that are in place which include: The Education Committee — Our Education Committee continues to support the existing networking opportunities i.e. The Breakfast Network and The Power Lunch. Additionally, in the plan are specific skill enhancement activities designed to enhance the members' basic and advanced skills. Recent programs include a template for members 30 second "personal commercial" and a lesson on "social internet marketing" with Linkedln, Myspace, Youtube and others. We haye received great feedback on our surveys following each event. Where's Gamby — Our program "Where's Gamby?" that allows our members the opportunity to apply and baby-sit Gamby free of charge is still a member favorite. In the monthly GEM, Gamby's location is reveled and over 23,000 readers from our community are encouraged to visit Gamby. When they ask to see Gamby they receive a special treat or reward like a free desert or granite coaster. This drives business to and creates awareness for our participating members. . Member Pot -Luck — The member pot -luck was developed to bring the members, City staff, and the Chamber together on a periodic basis in a more social atmosphere for the price of a home cooked "specialty." This allows for the deepening of relationships and a chance to get to know one another better further enhancing everyone's business. Out Bound Call Campaign — Chamber Team members continue to make five outbound calls to members to reach out and touch the membership, say "hi" and inquire how the Chamber can assist them. This continues to build our bond without asking for a raffle prize or notifying them of an outstanding fee. La Quinta Chamber and City Radio Promotions — The La Quinta Chamber of Commerce has continues it's radio campaign that is aired on Sis Radio stations in the valley and promotes upcoming events, highlights the Chamber, and a nuber of spots are directly promoting the City. Our promotional spots tun over 20 times a week on each of the six local stations and are valued at over $150,00W 116 Annual Rod & Custom Car Show — The Chamber held its Second and Third Annual events since last year and was a huge success in Village and specifically at the Frances Hack Park. The Chamber teamed with the Desert Recreation District at the park and in promoting the Annual Soap Box Derby. Next year anticipates to be an even greater event as both will work together to ensure an action packed weekend of "cars." The car show had over l 10 cars and 20 vendors and attracted over 3,000 visitors. While it is too early to articulate, the Chamber is working with the Resort on an even larger event that will be held in either conjunction with or in addition to the current Car Show. The 11'h Annual Mayor's Cup Golf Challenge — What has turned out to be one of the Valley's most anticipated golf events is the Annual Mayor's Cup Golf Challenge. The most recent event was held at SilverRock Resort for the first time and we had a terrific turnout of approximately l 10 players. The John Stanley King Band was added this year, in addition to "Beat the Pro" with local lady pro Deb Dahmer. We anticipate this event growing year over year as new ideas are implemented. The Mayor's Luncheon — Always well attended and very interactive, the highlights include the City update from the Mayor, networking with the Chamber Board of Directors, upcoming Chamber events, and an educational speaker. www.Igehamber.com - Our website draws about 260,000 visits each year. We offer links to the City, members who participate, and other points of interest in La Quinta. RFP's have been requested to enhance the Chamber's website and will be acted upon in the coming months. Leadership Coachella Valley — For our latest fiscal year the Chamber was responsible for the administration of Leadership Coachella Valley. The program is designed to identify, motivate and develop future community leaders and encourages involvement by providing knowledge and perspective on valley wide needs and concerns. This allowed the Chamber to reach out to a different cross section of constituents further enhancing our ability to attract, retain, and act as a resource for our members. BizNet 2009 — In an effort to promote and enhance La Quinta businesses the Chamber decided to move away from the traditional BizNet format and team up with the City of La Quinta at its Annual Birthday Party and Community Picnic in 2009. The Chamber was responsible for soliciting local businesses and providing a means to promote the participating businesses at a more cost effective price than at pervious BizNet events. Additionally, the businesses were able to gain access to substantially more locals, over 3,000 in attendance, than they were able to at the tri Chamber events held at Fantasy Springs. City Map and Business Directory - The Chamber is in the process of compiling and completing the current directory for delivery to the residences in late 2009 or early 2010. Two well -produced, distinct publications with extensive information for residents, the business community and visitors are produced periodically. 117 2. The GEM Newsletter The GEM is only Chamber/City newsletter in the Valley distributed to each resident, Chamber member, and non -Chamber business in La Quinta every month of approximately 23,000. Feedback continues to indicate high readership and informative content. Additionally, the Publications Committee continues to oversee, enhance, and review the GEM's content and format. New feature articles and content are being considered to broaden the GEM's appeal. Articles like "How to Play Hole #1 at SilverRock" and each subsequent hole give readers something to look forward to for the coming months. Our intent is to keep the GEM fresh with new ideas for the Committee. As a benefit to new members they are featured in the GEM announcing their membership to all the readers. 3. The Visitor's Center The Visitor Center, located within the Chamber office, continues to draw people down Washington Street from Highway 111. Folks are encouraged to come visit with us at the Chamber and have a cup of coffee or on occasion have home baked cookies on Friday. We strive to make the center as user-friendly as possible with brochure racks and business card racks. We continue to receive well over 5,000 phone calls and approximately 800 visitors per year. 4. Annual Financial Review The Chamber understands the importance of its fiscal responsibility and is working constantly to ensure our books are in order. We are in the process of finalizing the required review and the results will be made available upon completion which should be in June 2009, prior to our contract effective date of July 1, 2009. Additionally, we proactively evaluate our processes and procedures to ensure the Chamber receives fees in a timely manner and payables are filed as appropriate. 5. Additional Items for Consideration As an ongoing process and in the spirit of information sharing with the City, the Chamber has several regularly scheduled meetings outlined below. There is a bi- monthly meeting with the appointed member of the City Council whereby City Staff and Chamber Team Members discuss key issues affecting the City. Commercial and residential development, capital improvement projects, Chamber operations/activities, and Member issues are a few of the topics. On a quarterly basis the Chamber meets with the "Marketing" Committee that includes the City Staff, and other local entities like the La Quinta Arts Foundation, "Old Town" Properties, and Landmark Development to discuss events and marketing strategies that impact the group. Over the past year the Chamber has been represented at the preponderance of City Council meetings and has been an active participant as appropriate. All of the activities described have helped the Chamber better understand the inter -workings of the City and given the City a better perspective regarding the ChamW. 118 I i. Conclusion On behalf of the La Quinta Chamber of Commerce Board of Directors, we thank you for the opportunity to quote the City of La Quinta on a Contract for Services in the amount of $196,000.00 for the 2009-2010 year. We look forward to the continuing to collaborate on making La Quinta the greatest City and nurturing relationship between the Chamber and the City and sincerely appreciate your support. Respectfully, David S. Archer President/CEO La Quinta Chamber of Commerce Cc: Doug Evans, Assistant City Manager, the City of La Quinta �... 1.19 City Contract Expense Analysis Attachment A Year 2005 2009 Number Residents 16,663 20,784 Businesses 749 1,949 Total 17,412 22,733 Postage Rate Annual Postage Percent Year Percent Increase 2008 1 Increase 25% 160% 31 % 20,656 109/6 Residents $0.128 $0.142 11% Businesses $0.238 $0.270 13% Residents $25,594 $46,917 83% Businesses $2,146 $6,011 180% Total $27,740 $52,928 91% 34,258 54% Annual Processing $13,591 $22,943 69% 19,188 20% Publishing $16,500 $23,400 (1) 42% 21,141 11% Printing $32,290 $57,349 78% 59,604 -4% Sub -Total $62,381 $103,692 66% $99,933 4% Total GEM Publication $90,122 $156,620 a 74% $134,191 17% Other Contract Services Visitor Center Yes Yes Business Retention Yes Yes Business Promotion Yes Yes Review/Audit $0 $7,000 City Contract Amount $125,000 $130,000 Additional Funding Request Revise Village Signage $15,000 Retention & Promotion $25.000 Sub Total $40,000 b Total Funding Request Yr 09-10 $196,620 a+b Note: Yes Yes Yes $7,000 4% $130,000 (1) In 2005 an outside agency published the GEM. Currently the Chamber produces the GEM in house. The amount shown is an allocation of the amount of time spent on producing the GEM. 120 June 9, 2009 Staff Outline for 2009/2010 Preliminary Budget City Manager - 5 minutes • Summary of Financial Condition • Summary of Preliminary Budget_ • Summary of Revenues 1. Expenditures 2. Review Items Listed on Transmittal Letter Finance Director - 15 minutes • A-2 - Review of budget process • A-5 - Review of budget format • B-1 - Present Organizational Chart • B-7 - Review of community profile which compares changes in the categories listed. • B-3 - Present General Fund Revenue Pie Chart which shows percentages. Mention that Pages D-1 through D-5 graph major revenue items and we are prepared to go over them if requested. • B-4 - Present General Fund Operating Expenditures Pie Chart - not net of reimbursement. This indicates in what areas the City is directing its efforts. • B-5 - Present City, RDA, Financing Authority expenditures by component - this is how each dollar of total expenditures.is broken down. • C-1 - Review of the Budget Summary by Fund which brings together the financial activities of all the City, RDA and Financing Authority Funds. 121 • C-5 - Review of reimbursements to the General fund from other funds - other funds pay for personnel and operating expenditures that are recorded in the General Fund. • Section E - Explanation of Department by Department overviews of City operations. • H-1 & H-2 - Review of the City capital improvements approved by the Council in the Five Year Capital Improvement Plan. Question & Answer Period 122 City of La Quinta FY 2009/2010 - Major Highlights Staff Resources: Reduced Funding for one (1) Grant Funded Motor Officer Reduced Funding for an Assistant Planner Reduced Funding for a Museum Manager Reduced Funding for a Transportation Engineer Reduced Funding for a Secretary in the Public Works Department Capital Spending -$ Major Projects - Washington St Apts Rehabilitation SilverRock Canal Jefferson Street Parkway Landscaping (Vista Grande to Westward Ho) Dune Palms Rd Street Improvements - Highway 111 Median Landscape Improvements REVENUES All Funds Anticipated Fund Sources Three Major Fund revenues: General Fund RDA PA#1 Debt Service 1 RDA PA#1 Debt Service 2 General Fund Anticipated Funding Sources (A) Major Sources of General Fund Revenues Sales Intergovernmental Hotel Room Tax EXPENDITURES All Funds Anticipated Uses Three Majqr Fund Expenditures: Capital Projects RDA PA 1 Debt Service Fund RDA PA 2 Debt Service Fund OTHER Green & Sustainable Environmental Goals .General Fund Anticipated Expenditures (B) Surplus/(DeficiQ (A)-(B) 27-May-09 Department Police Planning Community Service Public Works Public Works $ 22,657,314 $ 9,472,971 $ 13,184.344 $ 7.300,000 $ 6,000,000 $ 2,161,048 $ 1,812,199 $ 1,321,624 $133,618,670 $148,855,516 $ (15,236.846) $.38,930,755 $39.284,663 $ . (353,908) '$43,378,400 $46,178,500 $ (2,800,100) $22,811,800 $ 23,490,800 $ . (679.000) $45.314,597 $45,439,854 $ (125,257) 19% 23% -4% 35% 24% 11% 11% 15% 4% $183,771,924 $174,236.216 $ 9,535,708 $23,235.768 $10,186,425 $ 13,049.343 $50,491,815 $51,068,874 $ (577,059) $23,548,858 $23,485,564 $ 63,294 $605,282 $763.200 $ (157,918) $45,289,288 $ 45.405,202 $ (115,914) 123. M l 1 M%oF71Y1GrY r a City of La Quinta Resource Allocation Plan Revenue/Expenditure Summary Five Year Forecast June 25, 2009 Approved Five Year Estimate 2009-10 2010-11 2011-12 2012-13 2013-14 2014-15 Operations Expenditures 40,576,993 42,903,951 45,508,268 47,236,330 49,656,366 51,563.689 TOTAL OPERATIONS EXP 40,576,993 42,903,951 45,508,268 47,236,330 49,656,366 51,563,689 Less: General Fund Revenues 38,930,755 34,841,520 35,995,816 36,942,141 37,920,178 38,930,912 Sub -Total Variance (1,646,238) (8,062,431) 9,512,452 10,294,189 (11,736,188) (12,632,777 Less: Reimbursements Gas Tax Fund 1,131,354 1,131,354 1,131.354 1,159,638 1,188,629 1.218.345 Lighting & Landscaping 979,504 979,504 979,504 1,003,992 1,029,092 1,054,819 Civic Center Developer Impact Fee 202,764 202,764 202,764 202,764 202,764 202,764 Capital Improvement Fund 426,368 90,622 0 0 21,500 0 Library&Museum Fund AB 939 1,720,350 68,482 1,749,900 68,482 1,785,100 68,482 1,838,800 68,482 1,894,100 68,482 1,951,100 68,482 RDA Reimbursements to General Fund 1,487,304 1,487,304 1,487,304 1,487,304 1,487,304 1,487,304 Total Reimbursements 6,016,126 5,709,930 1 5,654,508 5,760,980 5,891,871 5,982.814 Transfers In CDBG 30,000 30,000 30,000 30,000 30,000 30,000 SCAQMD 48,000 48,000 48,000 48,000 48,000 48,000 Indian Gaming 120,300 0 0 0 0 0 COPS & JAG Grants 169,416 0 0 0 0 0 367,716 78,000 78,000 78,000 78,000 78,000 Total Transfers Out Police/Fire 2,000 2,000 2,000 2,000 2,000 2,000 CIP - Fire Station 32 4,145,841 0 0 0 0 0 CIP 578,454 578,454 380,000 380,000 380,000 380,000 4,726,295 580,454 1 382,000 382,000:(6148',0317) 00 382,000 Total Application of reserves 0 0 0 00 0 TOTAL VARIANCE 11,309 (2,854,955) (4,161,944) (4,837.209) (6,953,963) 124 City of La Quinta Resource Allocation plan Revenue Summary Five Year Forecast Approved Five Year Estimate 2009-10 2010-11 2011-12 2012-13 1 2013-14 2014-15 TAXES Property Tax I No Low Property Tax Distribution 2,993.000 3,413,000 2,993,000 3,413,000 2,993,000 3,413,000 3,067,800 3,498,300 3,144,500 3,585.800 3,223,100 3,675,400 Document Transfer Tax 573,760 573,760 573,760 588.060 602,760 617,860 Sales Tax 5,617,500 5,617,500 5,617,500 5,757.900 5.901,800 6,049,300 Sales Tax Reimbursement 1,872,500 1,872,500 1,872,500 1,919.300 1.967,300 2.016,500 Transient Occupancy Tax 4,456.300 4,456,300 4.456,300 4,567,700 4,681,900 4,798,900 Franchise Tax 1.584.500 1,584,500 1.564,500 1,624,100 1,664,700 1,706,300 20.510,560 20,510,560 20,510,560 21,023,160 21,548,760 22,087,360 TOTAL TAXES LICENSE S. PERMITS Business License 288,800 288,800 288,800 296,000 303.400 311,000 Animal License 19,700 19,700 19,700 20,200 20,700 21,200 Building Permits Plumbing Permits 101,500 18,100 101,500 18.100 101,500 18,100 104,000 18,600 106,600 19,100 109,300 19.600 Electrical Permits 13,600 13.600 13,600 13.900 14,200 14,600 Mechanical Permits 12.400 12.400 12,400 12,700 13,000 13,300 Garage sale Permits Misc. Permits 12,600 45,300 1 12.600 45,300 1 12,600 451300 12.900 46.400 13,200 47,600 1 13,500 48,800 512.000 1 512,000 1 512,000 524,700 537,800 551,300 TOTAL LICENSES 6 PERMITS FEES General Government Fees 4,300 4.300 4,300 4.300 4.300 4.300 Community Services Fees 318,900 318,900 318,900 318,900 31B,900 318.900 Bldg S Safety Fees Community Development Fees 84,100 50,000 84,100 50,000 84,100 50,DD0 84,100 50,000 84.100 50,000 84,100 50,000 Public Works Fees 327.400 327,400 327,4D0 335.600 344,000 352,600 7S4,700 784,700 784,700 792.900 801,300 809,900 TOTAL FEES INTERGOVERNMENTAL Motor Vehicle In -Lieu 3,931,500 3.931,500 3,931.500 4.029.800 4,130,500 4,233,800 Off Hwy Vehicle License 0 0 0 0 0 0 Motor Vehicle Code Fines 107,100 107,100 107,100 107,100 107.100 107,100 Parking Violations 48,500 40,500 48.500 48,5D0 48,500 48,500 Misc Fines 36,800 36,800 36,800 36.800 36,800 36,800 CSA152 236,500 238,500 238,500 238,500 238,500 238,500 CVWD 16.800 16,800 16,800 16,800 16,800 16,800 Federal Grants 5,400 0 0 0 0 0 State Grants 11,154 11,154 11,154 11,454 11,754 12.054 County Fire Service Credit -Station 32 County Fire Service Credit - Operations TOTAL INTERGOVERNMENTAL 4,145,841 5,068,200 0 5,130,206 0 6,284,502 0 6,598,727 0 6.928.664 0 7,275,09E 13,609,795 9,520,560 10,674,856 11,087,681 11,518,618 11,968,652 INTEREST 3,407,800 3,407,800 3,407,800 3,407.800 3.407,800 3.407,800 MISCELLANEOUS 105,900 105,900 105,900 105,900 105,900 105,900 TOTAL GENERAL FUND 38,930,755 34,841,520 35,995,816 36.942.141 37,920,178 38,930,912 Summary of General Fund Revenues TAXES 20.510,560 20.510,560 20,510,560 21,023,160 21.548,760 22,087,360 LICENSE S PERMITS 512,000 512,000 512.000 524,700 537,800 551.300 FEES INTERGOVERNMENTAL 784,700 13,609,795 7S4,700 9.520,560 784,700 10,674,856 792.900 11,087,681 801,300 11,518,618 809,900 11,968,652 INTEREST 3,407,800 3.407,800 3,407,800 3,407.800 3,407,800 3,407,800 MISCELLANEOUS 105,900 105.900 105.900 105,900 105,900 105,900 30,930,755 1 34,841,520 35,995,816 36,942,141 37,920,178 38,930,912 TOTAL GENERAL FUND 125 City of La Ouinta Resource Allocation Plan Operations Expense Summary By Program Five Year Forecast Approved Five Year Estimate 2009-10 2010-11 2011-12 2012-13 2013-14 2014-15 GENERAL GOVERNMENT: LEGISLATIVE 1.005,195 1,033,200 1,062,200 1,092,200 1,123.200 1,155,300 CITY MANAGER'S OFFICE 489,424 504,363 514,263 529,463 545,163 561,363 DEVELOPMENT SERVICES 1.784,177 1,830,746 1,867,146 1,922,746 1,980,146 2,039.246 MANAGEMENT SERVICES 1,464,359 1,505.738 1,535,538 1,581.238 1.628,338 1.676,838 4,743.155 4,874,047 4,979,147 5.125,647 5,276,847 5.432,747 TOTAL GENERAL GOVERNMENT CITY CLERK 641,551 669,219 682,219 702,319 722.919 744,119 COMMUNITY SERVICES PARKS 8, RECREATION ADMIN 1,016.416 1,058,264 1,078,964 1,110.664 1.143,264 1,176,864 SENIOR CENTER 395.020 571,283 579.383 591,683 604.363 617,483 RECREATION PROGRAMS 198,832 205.207 209.307 215,507 221.907 228,607 LIBRARY 1,432,934 1.475,133 1.504,533 1,549,433 1,595,633 1,643,233 PARK MAINTENANCE 1,011,977 1,469.109 1.479.709 1,511,209 1,676,809 1,716,909 MUSEUM 287.416 293,314 299,114 307,914 317,014 326,414 4,341,595 4,768,996 4.651.896 4,978,496 5,241,996 5,363,096 TOTAL COMMUNITY SERVICES FINANCE: FISCAL SERVICES 986,826 1,028,269 1,048,369 1.079,169 1.110,869 1,143,569 CENTRAL SERVICES 326,796 373,451 380.151 390,351 400.851 411,651 1.313,622 1.401,720 1.428,520 1.469.520 1,511,720 1,555,220 TOTAL FINANCE BUILDING & SAFETY: BUILDING B SAFETY -ADMIN 342,245 356,223 363,223 373,923 384.923 396,223 BUILDING 865,963 906,787 924,487 951,487 979,387 1,008,087 CODE COMPLIANCE 958,895 1,045,107 1.064,707 1.094,607 1,125,407 1,157,107 ANIMAL CONTROL 371,295 414,854 422,454 434,054 446,054 458.454 CIVIC CENTER BUILDING-OPER 1,162,794 1,228.747 1.252,447 1,288,747 1,326,147 1,364.647 FIRE 4,985,910 5,141,465 6,295.761 6,609,986 6,939.923 7,286.357 EMERGENCY SERVICES 153.903 162.420 165,420 170,020 174,820 179,820 8,841.005 9,255,603 10,488,499 10.922.824 11.376.661 11.850,695 TOTAL BUILDING & SAFETY POLICE POLICE 12,539,455 13,233,031 74,332,352 15,045,589 16,280,788 17,091,677 12,539,455 13,233,031 14.332,352 15,045.589 16.280,788 17,091,677 TOTAL POLICE PLANNING: ADMINISTRATION 651,904 876,938 890.238 910,638 931.638 953,238 PLANNING 752,391 781,946 676,446 693,946 711,746 729,846 1.404,295 1.658,804 1.566.684 1,604,584 1,643.384 1,683,084 TOTAL PLANNING PUBLIC WORKS: PUBLIC WORKS ADMINISTRATION 564,265 582,823 594,423 612.123 630.323 649,023 DEVELOPMENT SERVICES 967,492 1,011,351 1,031,151 1,061,351 1.092,551 1,124,651 MAINT/OPERATIONS- STREETS 2,157,479 2,375,893 2,419,993 2.487,293 2,556,693 2,628,093 MAINT/OPERATIONS- LTGILANDSCAP 1,800.728 1,837.992 1,874.792 1.931,092 1,988,992 2,048,592 ENGINEERING SERVICES 1.262.351 1,234.392 1,258,592 1.295,492 1.333.492 1,372,692 6,752.315 7.042.451 7.178.951 7,387,351 7,602,051 7,823.051 TOTAL PUBLIC WORKS TOTAL GENERAL FUND OPERATING EXP 40,576,993 42,903,951 45,508.268 47,236,330 49,656,366 51,563,689 TRANSFERS OUT 4,726.295 580,454 382,000 382,000 382,000 382,000 GENERAL FUND REIMBURSEMENTS (6,016,126) (5,709,930) (5,654,508) (5,760.980) (5,891,871) (5,982,814) NET GENERAL FUND EXPENDITURES 39.287.162 37,774.475 40,235,760 41.857,350 44.146.495 45,962,875 126 City of La Quinta Resource Allocation Plan Personnel Allocation Five Year Forecast Approved Five Year Estimate 2009-10 2010-11 2011-12 2012-13 2013-14 2014-15 GENERAL GOVERNMENT: LEGISLATIVE 0 0 0 0 0 0 CITY MANAGER'S OFFICE 2 2 2 2 2 2 DEVELOPMENT SERVICES 5.5 5.5 &5 5.5 5.5 5.5 MANAGEMENT SERVICES 5.5 5.5 5.5 5.5 5.5 5.5 13 13 13 13 13 13 TOTAL GENERAL GOVERNMENT CITY CLERK 6 6 6 6 6 6 COMMUNITY SERVICES COMMUNITY SERVICE- ADMIN 5 5 5 5 5 5 SENIOR CENTER 3 3 3 3 3 3 PARKS & RECREATION PROGRAMS 1 1 1 1 1 1 PARK MAINTENANCE 1.25 1.25 1.25 1.25 2.25 2.25 SILVERROCK 0.5 0.5 0.5 0.5 0.5 0.5 MUSEUM 0 0 0 0 0 0 10.75 10.75 10.75 10.75 11.75 11.75 TOTAL COMMUNITY SERVICES FINANCE: FISCAL SERVICES 9 9 9 9 9 9 CENTRAL SERVICES 0 0 0 0 0 0 9 9 9 9 9 9 TOTAL FINANCE BUILDING & SAFETY: BUILDING B SAFETY-ADMIN 3 3 3 3 3 3 CODECOMPLIANCE 8.5 8.5 8.5 8.5 8.5 8.5 ANIMAL CONTROL 3 3 3 3 3 3 BUILDING 7.5 7.5 7.5 7.5 7.5 7.5 EMERGENCY SERVICES 1 1 1 1 1 1 CIVIC CENTER BUILDING-OPER 2 2 2 2 2 2 25 25 25 25 25 25 TOTAL BUILDING & SAFETY PLANNING: ADMINISTRATION 4 4 4 4 4 4 PLANNING 6 6 5 5 5 5 10 10 9 9 9 9 TOTAL COMMUNITY DEVELOPMENT PUBLIC WORKS: PUBLIC WORKS ADMINISTRATION 3 3 3 3 3 3 DEVELOPMENT SERVICES 7 7 7 7 7 7 ENGINEERING SERVICES 5 5 5 5 5 5 MAINT/OPERATIONS - STREETS 11.25 11.25 11.25 11.25 11.25 11.25 MAINT/OPERATIONS- LIGHTING 1 1 1 1 1 1 27.25 27.25 27.25 27.25 27.25 27.25 TOTAL PUBLIC WORKS TOTAL -CITY PERSONNEL 101 101 100 100 101 101 POLICE 55 55 57 57 59 59 FIRE 25 25 25 25 25 25 80 80.00 82.00 82.00 84.00 84.00 TOTAL -CONTRACT PERSONNEL GRAND TOTAL 181 181 182 182 185 185 1eZl City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2009-10 2010-11 2011-12 2012-13 2013-14 2014-15 GENERAL GOVERNMENT: LEGISLATIVE Salaries 144,000 144,000 144,000 144,000 144,000 144,000 Benefits 109,800 115,300 121,100 127,200 133,600 140,300 Services & Supplies 751,395 773,900 797,100 821,000 846,600 871,000 Equipment 0 0 0 0 0 0 Total 1,005,1 55 1,033,200 1,062,200 1,092,200 1,123,200 1,155,300 Positions Total 0 0 0 0 0 0 0••. 128 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2009-10 2010-11 2011-12 2012-13 2013-14 2014-15 GENERAL GOVERNMENT: CITY MANAGER Salaries 311,200 317,400 323,700 333,400 343,400 353,700 Benefits 104,150 106,200 108,300 111,500 114,800 118,200 Services & Supplies 74,074 75,600 77,100 79,400 81,800 84,300 Equipment 0 0 0 0 0 0 New Positions 0 0 0 0 0 489,424 499,200 509,100 524,300 540,000 556,200 Total Positions City Manager 1 1 1 1 1 1 Executive Assistant 1 1 1 1 1 1 Total 2 2 2 2 2 2 New Salary Costs 7 0 0 0 0 F 0 129 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2009-10 2010-11 2011-12 2012-13 1 2013-14 2014-15 GENERAL GOVERNMENT: DEVELOPMENT SERVICES Salaries 573,600 585,100 596,800 614,700 633,100 652,100 Benefits 235,200 239,900 244,700 252,000 259,600 267,400 Services & Supplies 975,377 994,900 1,014,800 1,045,200 1,076,600 1,108,900 Equipment 0 0 0 0 0 0 Total 1,784,177 1,819,900 1,856,300 1,911,900 1,969,300 2,028,400 Positions Assistant City Manager 1 1 1 1 1 1 Management Analyst 2 2 2 2 2 2 Management Assistant 1 1 1 1 1 1 Executive Assistant 1 1 1 1 1 1 Office Assistant 0.5 0.5 0.5 0.5 0.5 0.5 Total 5.5 5.5 5.5 5.5 5.5 5.5 130 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2009-10 2010-11 2011-12 2012-13 2013-14 2014-15 GENERAL GOVERNMENT: MANAGEMENT SERVICES Salaries 637,300 650,000 663,000 682,900 703,400 724,500 Benefits 207,500 211,700 215,900 222,400 229,100 236,000 Services & Supplies 619,559 632,000 644,600 663,900 683,800 704,300 Equipment 0 0 0 0 0 0 New Positions 0 0 0 0 0 1, 664,359 1,493,700 1,523,500 1,569,200 1,616,300 1.664,800 Total Positions Assistant City Manager 1 1 1 1 1 1 Management Analyst 1 1 1 1 1 1 Management Assistant 1 1 1 1 1 1 Human Resources/Risk Manager 1 1 1 1 1 1 Executive Assistant 1 1 1 1 1 1 Office Assistant 0.5 0.5 0.5 0.5 0.5 0.5 Total 5.5 5.5 5.5 5.5 5.5 5.5 New Salary Costs 0 0 0 0 0 131 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2009-10 2010-11 2011-12 2012-13 2013-14 2014-15 CITY CLERK CITY CLERK Salaries 383,900 391,600 399,400 411,400 423,700 436,400 Benefits 182,200 185,800 189,500 195,200 201,100 207,100 Services & Supplies 75,451 77,000 78,500 80,900 83,300 85,800 Equipment 0 0 0 0 0 0 New Positions 0 0 0 641,551 654,400 667,400 687,500 708,100 729,300 Total Positions City Clerk 1 1 1 1 1 1 Deputy City Clerk 2 2 2 2 2 2 Secretary 1 1 1 1 1 1 Office Assistant/Receptionist 1 1 1 1 1 1 Office Assistant 1 1 1 1 1 1 6 6 6 6 1 5 6 Total New Salary Costs 0 0 0 0 0 132 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2009-10 2010-11 2011-12 2012-13 2013-14 2014-15 COMMUNITY SERVICE ADMINISTRATION Salaries 375,700 383,200 390,900 402,600 414,700 427,100 Benefits 163,200 166,500 169,800 174,900 180,100 185,500 Services & Supplies 476,516 486,000 495,700 510,600 525,900 541,700 Equipment 0 0 0 0 0 0 New Positions 1,015,416 1,035,700 1,056,400 1,088,100 1,120,700 1,154,300 Total Positions Community Services Director 1 1 1 1 1 1 Recreation Supervisor 1 1 1 1 1 1 Recreation Supervisor 0.5 0.5 0.5 0.5 0.5 0.5 Recreation Coordinator 0.5 0.5 0.5 0.5 0.5 0.5 Senior Secretary 1 1 1 1 1 1 Office Assistant 1 1 1 1 1 1 Total 5 5 5 5 5 5 New Salary Costs 0 0 T 0 0 0 133 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2009-10 2010-11 2011-12 2012-13 2013-14 2014-15 COMMUNITY SERVICE SENIOR CENTER Salaries 154,200 157,300 160,400 165,200 170,200 175,300 Benefits 81,500 83,100 84,800 87,300 89,900 92,600 Services & Supplies 159,320 162,500 165,800 170,800 175,900 181,200 Equipment 0 0 0 0 0 0 New Positions 0 0 0 0 0 395,020 402,900 411,000 423,300 436,000 449,100 Total Positions Recreation Supervisor 1 1 1 1 1 1 Senior Ctr Activities Coord 1 1 1 1 1 1 Senior Center Assistant 1 1 1 1 1 1 Total 3 3 3 3 3 3 New Salary Costs 0 0 0 0 0 134 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2009-10 2010-11 2011-12 2012-13 2013-14 2014-15 COMMUNITY SERVICE PARK & RECREATION Salaries 92,400 94,200 96,100 99,000 102,000 105,100 Benefits 31,950 32,600 33,300 34,300 35,300 36,400 Services & Supplies 74,482 76,000 77,500 79,800 82,200 84,700 Equipment 0 0 0 0 0 0 New Positions 198,832 202,800 206,900 213,100 219,500 226,200 Total Positions Recreation Supervisor 0.5 0.5 0.5 0.5 0.5 0.5 Recreation Coordinator 0.5 0.5 0.5 0.5 0.5 0.5 Total 1 1 1 1 1 1 New Salary Costs 0 0 0 0 0 135 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2009-10 2010-11 2011-12 2012-13 2013-14 2014-15 COMMUNITY SERVICE LIBRARY Salaries 0 0 0 0 0 Benefits 0 0 0 0 0 Services & Supplies 1,427,434 1,456,000 1,485,100 1,529,700 1,575,600 1,622,900 Equipment 5,500 5,800 6,100 6,400 6,700 7,000 Total 1,432,934 1,461,800 1,491,200 1,536,100 1,582,300 1,629,900 Positions 0 0 0 0 0 0 0 0 0 0 0 0 Total 0 0 0 0 0 0 136 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2009-10 2010-11 2011-12 2012-13 2013-14 2014-15 COMMUNITY SERVICE PARK MAINTENANCE Salaries 122,000 124,400 126,900 130,700 134,600 138,600 6enerAs 49,550 50,500 51,500 53,000 54,600 56.200 Services & Supplies 840,427 857,200 874,300 900,500 927.500 955,300 Equipment 0 0 0 0 0 0 New Positions 0 133,100 139,800 1,011,977 1,032.100 1,052,700 1,084,200 1,249,800 1,289,900 Total Positions Maintenance Manager 0.25 0.25 0.25 0.25 0.25 0.25 Maintenance Foreman 0.25 0.25 0.25 0.25 0.25 0.25 Maintenance Worker 1 0.25 0.25 0.25 0.25 1.25 1.25 Goff and Park/Landscaps Manager-SilverRock 0.5 0.5 0.5 0.5 0.5 0.5 1.25 1.25 1.25 1.25 2.25 2.25 Total New Salary Costs F 1 0 0 7 0 133,100 0 131 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2009-10 2010-11 2011-12 2012-13 2013-14 2014-15 COMMUNITY SERVICE MUSEUM Salaries 0 0 0 0 0 0 Benefits 0 0 0 0 0 0 Services & Supplies 282,416 288,100 293,900 302,700 311,800 321,200 Equipment 5,000 0 0 0 0 0 New Positions 0 0 0 0 0 287,416 288,100 293,900 302,700 311,800 321,200 Total Positions Total 0 0 0 0 0 0 New Salary Costs 0 0 0 0 0 138 City of La Quinta Resource Allocation plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2009-10 2010-11 2011-12 2012-13 2013-14 2014-15 FINANCE: FISCAL SERVICES Salaries 610,100 622,300 634,700 653,700 673,300 693,500 Benefits 265,500 270,800 276,200 284,500 293.000 301,800 Services & Supplies 111,226 113,500 115,800 119,300 122,900 126,600 Equipment 0 0 0 0 0 0 986,826 1.006 0000 1,0267700 1,057,500 1 1,089,200 1,121,900 Total positions Finance Director 1 1 1 1 1 1 Accounting Manager 1 1 1 1 1 1 Financial Services Assistant 1 1 1 1 1 1 Senior Account Technician 1 1 1 1 1 1 Account Technician 1 1 1 1 1 1 Senior Account Clerk 2 2 2 2 2 2 Senior Secretary 1 1 1 1 1 1 Information Technology Analyst 1 1 1 1 1 1 9 9 9 9 9 9 Total New Salary Costs 0 0 0 0 0 139 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2009-10 2010-11 2011-12 2012-13 2013-14 2014-15 FINANCE: CENTRAL SERVICES Salaries 0 0 0 0 0 Benefits 0 0 0 0 0 Services & Supplies 326,796 333,300 340,000 350,200 360,700 371,500 Equipment 0 0 0 0 0 0 Total 326,796 333,300 340,000 350,200 360,700 371,500 Positions Total 0 0 0 0 0 0 ft... 140 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2009-10 2010-11 2011-12 2012-13 2013-14 2014-15 PUBLIC SAFETY POLICE Salaries Benefits Services & Supplies 12,539,455 13,166,428 13,824,749 14,515,986 15,241,785 16,003,874 Equipment 0 0 0 0 0 0 New Positions 441,000 463,000 972,400 1,021,200 12,539,455 13,166,428 14,265,749 14,978,986 16,214,185 17,025,074 Total Positions Patrol Officer 31 31 33 33 35 35 School Resource Officer 3 3 3 3 3 3 Target Team 6 6 6 6 6 6 Motor Officer 4 5 5 5 5 5 Narcotics Task Force Officer 1 1 1 1 1 1 Gang Task Force Officer 1 1 1 1 1 1 Dedicated Lieutenant 1 1 1 1 1 1 Dedicated Sergeant 2 2 2 2 2 2 Community Service Officer 5 4 4 4 4 4 Commercial District Officer 1 1 1 1 1 1 55 55 57 57 59 59 Total New Salary Costs 0 441,000 0 510,600 0 .... I 141 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2009-10 2010-11 2011-12 2012-13 2013-14 2014-15 BUILDING & SAFETY ADMINISTRATION Salaries 235,700 240,400 245,200 252,600 260,200 268,000 Benefits 84,150 85,800 87,500 90,100 92,800 95,600 Services & Supplies 22,395 22,800 23,300 24,000 24,700 25,400 Equipment 0 0 0 0 0 0 New Positions 0 0 0 0 0 342,245 349,000 356,000 366,700 377,700 389,000 Total Positions Building and Safety Director 1 1 1 1 1 1 Special Projects Assistant 1 1 1 1 1 1 Senior Secretary 1 1 1 1 1 1 Total 3 3 3 3 3 3 New Salary Costs 0 0 0 0 0 142 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2009-10 2010-11 2011-12 2012-13 2013-14 2014-15 BUILDING & SAFETY BUILDING & SAFETY Salaries 549,300 560,300 571,500 588,600 606,300 624,500 Benefits 244,500 249,400 254,400 262,000 269,900 278,000 Services & Supplies 72,163 73,600 75,100 77,400 79,700 82,100 Equipment 0 0 0 0 0 0 New Positions 0 0 0 0 0 865,963 883,300 901.000 928,000 955,900 984,600 Total Positions Building and Safety Manager 1 1 1 1 1 1 Senior Building Inspector 1 1 1 1 1 1 Plan Checker 1 1 1 1 1 1 Building Inspector II 2 2 2 2 2 2 Counter Technician 2 2 2 2 2 2 Office Assistant 0.5 0.5 0.5 0.5 0.5 0.5 7.5 7.5 7.5 7.5 7.5 7.5 Total New Salary Costs 0 0 0 0 0 143 City of La Quints Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2009-10 2010-11 2011-12 2012-13 1 2013-14 2014-15 BUILDING & SAFETY CODE COMPLIANCE Salaries 577,700 589,300 601,100 619,100 637,700 656,800 Benefits 265,000 270,300 275,700 284,000 292,500 301,300 Services & Supplies 116,195 118,500 120,900 124,500 128,200 132,000 Equipment 0 0 0 0 0 0 958,895 978,100 997,700 1,027,600 1,058,400 1,090,100 Total Positions Community Safety Manager 1 1 1 1 1 1 Senior Code Compliance Officer 1 1 1 1 1 1 Code Compliance Officer II 2 2 2 2 2 2 Code Compliance Officer I 1 1 1 1 1 1 Counter Technician 1 1 1 1 1 1 Office Assistant 0.5 0.5 0.5 0.5 0.5 0.5 Animal Control / Code Compliance Officer 0.5 0.5 0.5 0.5 0.5 0.5 Animal Control / Code Compliance Officer 0.5 0.5 0.5 0.5 0.5 0.5 Animal Control / Code Compliance Officer 0.5 0.5 0.5 0.5 0.5 0.5 Animal Control / Code Compliance Officer 0.5 0.5 0.5 0.5 0.5 0.5 8.5 8.5 8.5 8.5 8.5 8.5 Total New Salary Costs 0 0 0 0 0 „..: 144 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2009-10 2010-11 2011-12 2012-13 2013-14 2014-15 BUILDING & SAFETY ANIMAL Salaries 189,800 193,600 197,500 203,400 209,500 215,800 Benefits 89,100 90,900 92,700 95,500 98,400 101,400 Services & Supplies 92,395 94,200 96,100 99,000 102,000 105,100 Equipment 0 0 0 06,300 0 0 371,295 378,700 38900 397, 409,900 422,300 Total Positions Animal Control Officer II 1 1 1 1 1 1 Animal Control / Code Compliance Officer 0.5 0.5 0.5 0.5 0.5 0.5 Animal Control / Code Compliance Officer 0.5 0.5 0.5 0.5 0.5 0.5 Animal Control / Code Compliance Officer 0.5 0.5 0.5 0.5 0.5 0.5 Animal Control / Code Compliance Officer 0.5 0.5 0.5 0.5 0.5 0.5 Total 3 3 3 3 3 3 New Salary Costs 0 0 0 0 0 145 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2009-10 2010-11 2011-12 2012-13 2013-14 2014-15 BUILDING & SAFETY CIVIC CENTER OPERATIONS Salaries 105,000 107,100 109,200 112,500 115,900 119,400 Benefits 55,150 56,300 57,400 59,100 60,900 62,700 Services & Supplies 1,002,644 1,022,700 1,043,200 1,074,500 1,106,700 1,139,900 Equipment 0 0 0 0 0 0 New Positions 0 1 0 0 0 0 1,162,794 1,186,100 1,209,800 1,246,100 1,283,500 1,322,000 Total Positions Facilities Maintenance Coordinator 1 1 1 1 1 1 Maintenece Worker 1 1 1 1 1 1 1 Total 2 2 2 2 2 2 New Salary Costs 0 0 0 0 0 146 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2009-10 2010-11 2011-12 2012-13 2013-14 2014-15 BUILDING & SAFETY FIRE Salaries Benefits Note 1 Services & Supplies 4,886,910 5,130.206 5,386,716 5,656,052 5,938,855 6,235,798 Equipment 100,000 0 0 0 0 0 New Station operating expenses - 1/2 0 0 897,786 942,675 989,809 1.039.300 4,985,910 5,130,206 6.284,502 6,598,727 6,928,664 7,275,098 Total Positions Captain 3 3 3 3 3 3 Medic Engineer 2 2 2 2 2 2 Engineer 6 6 6 6 6 6 Fire Fighter 11-Medics 6 6 6 6 6 6 Fire Fighter II 7 7 7 7 7 7 Fire Service Inspector 1 1 1 1 1 1 Total 25 25 25 25 25 25 New Salary Costs 0 0 0 0 0 Note : Fourth Fire Station opens in FY 11/12. Costs do not include construction of station or equipment Note 1 - Revenue expected- 6.500.000.00 6,500,000.00 6,500,000.00 6,663,000.00 6,830,000.00 7,001,000.00 Fire tax Credit applied (1,514,090.00) (1,369,794.00) (215,498.00) (64,272,67) 98,664.17 274,097.67 General Fund contribution 4,985,910.00 5,130,206.00 6,284,502.00 6,598,727.33 6,928,664.17 7,275,097.67 Estimated credit balance available 5,200,000.00 6,714,090.00 8,083,884.00 8,299,382.00 8,363,654.67 8,264,990.50 7,990,892.83 147 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2009-10 2010-11 2011-12 2012-13 2013-14 2014-15 BUILDING & SAFETY EMERGENCY SERVICES Salaries 74,400 75,900 77,400 79,700 82,100 84,600 Benefits 32,950 33,600 34,300 35,300 36,400 37,500 Services & Supplies 41,553 42,400 43,200 44,500 45,800 47,200 Equipment 5,000 0 0 0 0 0 Total 153,903 151,900 154,900 159,500 164,300 169,300 Positions Emergency Services Coordinator 1 1 1 1 1 1 Total 1 1 1 1 1 1 148 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2009-10 2010-11 2011-12 2012-13 2013-14 2014-15 PLANNING ADMINISTRATION Salaries 396,600 404,500 412,600 425,000 437,800 450,900 Benefits 150,700 153,700 156,800 161,500 166,300 171,300 Services & Supplies 104,604 106,700 108,800 112,100 115,500 119,000 Equipment 0 0 0 0 0 0 New Positions 0 0 0 0 0 Total 651,904 664,900 678,200 698,600 719,600 741,200 Positions Community Development Director 1 1 1 1 1 1 Planning Manager 1 1 1 1 1 1 Executive Secretary 1 1 1 1 1 1 Secretary 1 1 1 1 1 1 Total 4 4 4 4 4 4 New Salary Costs 0 0 0 0 0 .... 149 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2009-10 2010-11 2011-12 2012-13 2013-14 2014-15 PLANNING PLANNING Salaries 517,700 528,100 538,700 554,900 671,500 588,600 Benefits 212,700 217,000 221,300 227,900 234,700 241,700 Services & Supplies 21,991 22,400 22,800 23,500 24,200 24,900 Equipment 0 0 0 0 0 0 New Positions 0 (120.8001 126,800 (133,100 139,800) 752,391 767,500 662,000 679,500 697,300 715,400 Total Positions Principal Planner 3 3 2 2 2 2 Associate Planner 1 1 1 1 1 1 Assistant Planner 2 2 2 2 2 2 Total 6 6 1 5 5 5 5 New Salary Costs 0 (120,800) 0 0 0 150 City of La Quints Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2009-10 2010-11 2011-12 2012-13 2013-14 2014-15 PUBLIC WORKS ADMINISTRATION Salaries 313,900 320,200 326,600 336,400 346,500 356,900 Benefits 120,500 122,900 125,400 129,200 133,100 137,100 Services & Supplies 129,865 132,500 135,200 139,300 143,500 147,800 Equipment 0 0 0 0 0 0 New Positions 0 1 0 0 0 0 Total 564,265 575,600 587,200 604,900 623,100 641,800 Positions Public Works Director / City Engineer 1 1 1 1 1 1 Management Analyst 1 1 1 1 1 1 Senior Secretary 1 1 1 1 1 1 Total 1 3 1 3 3 1 3 1 3 1 3 New Salary Costs _I: 0 0 0 0 0 ,...: 151 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2009-10 2010-11 2011-12 2012-13 2013-14 2014-15 PUBLIC WORKS DEVELOPMENT SERVICES Salaries 605,500 617,600 630,000 648,900 668,400 688,500 Benefits 250,500 255,500 260,600 268,400 276,500 284,800 Services & Supplies 111,492 113,700 116,000 119,500 123,100 126,800 Equipment 0 0 0 0 0 0 New Positions Total 967,492 986,800 1,006,600 1,036,800 1,068,000 1,100,100 Positions Principal Engineer 1 1 1 1 1 1 Senior Engineer 1 1 1 1 1 1 Associate Engineer 2 2 2 2 2 2 Assistant Engineer II 1 1 1 1 1 1 Counter Technician 2 2 2 2 2 2 Total 7 7 7 7 7 7 New Salary Costs 0 0 0 0 0 —] V.... 152 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2009-10 2010-11 2011-12 2012-13 2013-14 2014-15 PUBLIC WORKS STREET MAINTENANCE Salaries 626,000 638,500 651,300 670,800 690,900 711,600 Benefits 313,100 319,400 325,800 335,600 345,700 356,100 Services & Supplies 1,218,379 1,242,700 1,267,600 1,305,600 1,344,800 1,385,100 Equipment 0 0 0 0 0 0 New Positions 2,157,479 2,200,600 2,244,700 2,312,000 2,381,400 2,452,800 Total Positions Maintenance Manager 0.5 0.5 0.5 0.5 0.5 0.5 Maintenance Foreman 2 2 2 2 2 2 Maintenance Worker II 3.75 3.75 3.75 3.75 3.75 3.75 Maintenance Worker 1 5 5 5 5 5 5 Office Assistant 0 0 0 0 0 0 Total 11.25 11.25 11.25 11.25 11.25 11.25 New Salary Costs 0 0 0 0 0 ... 153 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2009-10 2010-11 2011-12 2012-13 2013-14 2014-15 PUBLIC WORKS LIGHTING & LANDSCAPE Salaries 82,800 84,500 86,200 88,800 91,500 94,200 Benefits 33,950 34,600 35,300 36,400 37,500 38,600 Services & Supplies 1,683,978 1,717,700 1,752,100 1,804,700 1,858,800 1,914,600 Equipment 0 0 0 0 0 0 New Positions Total 1,800,728 1,836,800 1,873,600 1,929,900 1,987,800 2,047,400 Positions Maintenance Manager 0.25 0.25 0.25 0.25 0.25 0.25 Maintenance Foreman 0.75 0.75 0.75 0.75 0.75 0.75 Maintenance Worker II 0 0 0 0 0 0 Total 1 1 1 1 1 1 New Salary Costs 0 0 0 0 0 .,.... 15 4 City of La Quinta Resource Allocation Plan Operations Expenditure Summary By Division Five Year Forecast Approved Five Year Estimate 2009-10 2010-11 2011-12 2012-13 2013-14 2014-15 PUBLIC WORKS ENGINEERING SERVICES Salaries 419,700 428,100 436,700 449,800 463,300 477,200 Benefits 169,300 172,700 176,200 181,500 186,900 192,500 Services & Supplies 594,351 606,200 618,300 636,800 655,900 675,600 Equipment 79,000 0 0 0 0 0 New Positions 1,262,351 1,207,000 1,231,200 1,268,100 1,306,100 1,345,300 Total Positions Principal Engineer 1 1 1 1 1 1 Assistant Engineer II 2 2 2 2 2 2 Assistant Engineer 1 1 1 1 1 1 1 Signal Technician 1 1 1 1 1 1 5 5 5 5 5 5 Total New Salary Costs 0 0 0 0 0 155 City of La Quinta Five Year Resource Allocation Assumptions Assumptions Revenues 2010-11 2011-12 2012-13 2013-14 2014-15 Property Taxes 0.00% 0.00% 2.50% 2.50% 2.50% No Low Property Tax 0.00% 0.00% 2.50% 2.50% 2.50% Document Transfer Tax 0.00% 0.00% 2.50% 2.50% 2.50% Sales Tax 0.00% 0.00% 2.50% 2.50% 2.50% Transient Occupancy Tax 0.00% 0.00% 2.50% 2.50% 2.50% Franchise Tax 0.00% 0.00% 2.50% 2.50% 2.50% License and Permits 0.00% 0.00% 2.50% 2.50% 2.50% Public Works fees 0.00% 0.00% 2.50% 2.50% 2.50% Motor Vehicle In -Lieu 0.00% 0.00% 2.50% 2.50% 2.50% County Fire Service Credit 0.00% 0.00% 2.50% 2.50% 2.50% Expenditures 2010-11 2011-12 2012-13 2013-14 2014-15 Salaries 2.00% 2.00% 3.00% 3.00% 3.00% Benefits 2.00% 2.00% 3.00% 3.00% 3.00% Services and Supplies 2.00% 2.00% 3.00% 3.00% 3.00% Police costs 5.00% 5.00% 5.00% 5.00% 5.00% Fire costs 5.00% 5.00% 5.00% 5.00% 5.00% Police Cost per Position 210,000 220,500 231,500 243,100 255,300 Fire Cost per Position 132,500 139,100 146,100 153,400 161,100 City Staff Cost per Position 115,000 120,800 126,800 133,100 139,800 Gas Tax Fund 0.00% 0.00% 2.50% 2.50% 2.50% Lighting & Landscaping 0.00% 0.00% 2.50% 2.50% 2.50% 156 T-dwog4VQubrw AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: July 7, 2009 BUSINESS SESSION: ITEM TITLE: Adoption of a Resolution Accepting a CONSENT CALENDAR:-7 Donation from the Trust of David E. Orme STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Adopt a Resolution of the City Council accepting a donation from the Trust of David E. Orme to the La Quinta Senior Center. FISCAL IMPLICATIO David E. Orme was an active patron of the La Quinta Senior Center for more than 17 years. He volunteered his time to assist staff and peers weekly at the facility. He recently passed away in March of 2009; in his trust he willed a donation of $10,000 to the La Quinta Senior Center. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: David E. Orme always took a great interest in the La Quinta Senior Center and enjoyed participating in the various programs and special events. He was one of the original members of the senior center when activities and social services were conducted from space at the Vons Shopping Center. Mr. Orme spent many hours at the La Quinta Senior Center and participating in activities and volunteering his time. The funds will be used for the Senior Center. Staff will be meeting with the Friends of the Senior Center to determine the use of this donation to benefit the senior center. .0. 157 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: Adopt a Resolution of the City Council accepting a donation from the Trust of David E. Orme to the La Quinta Senior Center; or 2. Do not adopt a Resolution of the City Council accepting a donation from the Trust of David E. Orme to the La Quinta Senior Center; or 3. Provide staff with alternative direction. Respectfully submitted, Edie Hylton 1 Community Services Director Approved for submission by: Thomas P. Genovese, City Manager RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ACCEPTING A DONATION FROM THE TRUST OF DAVID E. ORME TO THE LA QUINTA SENIOR CENTER WHEREAS, on July 7, 2009, the trust of David E. Orme generously offered a donation of $10,000 to be given to the La Quinta Senior Center as a contribution to the senior residents in La Quinta; and WHEREAS, the gift was offered for donation to the City of La Quinta and was not given to or limited to the use of any particular employee or official; and WHEREAS, it is in the best interest of the City of La Quinta to accept the donation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: The City of La Quinta hereby accepts the donation from the Trust of David E. Orme as a contribution to the La Quinta Senior Center and the community of senior residents in La Quinta who utilize the facility. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 7" day of July, 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California '' 159 Resolution No. 2009- David E. Orm Donation Adopted: July 7, 2009 Page 2 "lir:1RU VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (SEAL) APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 160 ``cam, ow5 F7 OFT COUNCIL/RDA MEETING DATE: July 7, 2009 ITEM TITLE: Approval of a Request for Proposal to Obtain Professional Engineering Services to Prepare the Plans, Specifications and Engineer's Estimate of Probable Construction Costs for the Jefferson Street Parkway Landscape Improvements, Project Number 2009-16 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Authorize staff to distribute a Request for Proposal (RFP) to obtain professional engineering services to prepare the plans, specifications and engineer's estimate (PS&E) for the Jefferson Street Parkway Landscape Improvements. FISCAL IMPLICATIONS: The following is the project's approved funding and funding sources: RDA Project Area Number 2 Capital Project Funds Total Funding Available: The following is the anticipated project budget: Design: Inspection/Testing/Survey: Construction: Contingency: Total: $ 2,161, 048 $ 2,161,048 $160,375 $156,365 $1,603,750 $240,558 $ 2,161,048 As illustrated, adequate funding is available to support staff's recommendation. 161 Staff has estimated that based upon the projected sources and uses in RDA Project Area Number 2 Capital Project Funds an advance of $1,500,000 from the General Fund will be required to complete the project. CHARTER CITY IMPLICATIONS: The project is 100% funded with RDA Project Area funding. As such, the project will be bid as a prevailing wage improvement. BACKGROUND AND OVERVIEW: The proposed improvements include the installation of parkway landscape and irrigation, perimeter walls and/or fencing, and precise grading within the east and west parkways on Jefferson Street between Westward Ho Drive and Vista Grande. The project will be constructed in two phases. The Phase I improvements will include the perimeter walls and/or fencing, precise grading, and meandering sidewalk. Phase II includes the installation of landscape and irrigation. The Phase I improvements are currently under design and the PS&E is tentatively scheduled for City Council consideration on July 21, 2009. The professional landscape architectural services are the subject of the RFP presented for the City Council's consideration as Attachment 1 of this report. On April 21, 2009 the City Council adopted Resolution 2009-033 approving the Fiscal Year 2009-2010 through 2013-2014 Capital Improvement Program (CIP) and Making Certain Findings Pursuant to Health and Safety Code Section 33445(a). The Jefferson Street Parkway Landscape Improvements are included within the adopted CIP and scheduled for funding during Fiscal Years 2009-2010. The RFP to obtain professional engineering services to prepare the PS&E for the Jefferson Street Parkway Landscape Improvements has been prepared and is ready for distribution to qualified consultants. The consultant selection process outlined within City Resolution No. 2005-096, adopted December 6, 2005, shall be followed. In accordance with Resolution 2005-096, the guidelines for major services will be followed as the estimated cost may exceed $50,000. The City Manager intends to appoint a Selection Committee consisting of the following members: Tim Jonasson, P.E., Public Works Director/City Engineer, Nick Nickerson, Project Manager, and Bryan McKinney, Engineering Services/CIP, Principal Engineer. If the City Council wishes to appoint a different Selection Committee, the Committee would be subject to the Brown Act unless the Committee consists solely of two council members. 162 Contingent upon City Council authorization to distribute the RFP on July 7, 2009, the following is the anticipated project schedule: Issue RFP Proposal Due Date Recommendations to City Council Project Design (3 months) Project Construction FINDINGS AND ALTERNATIVES: July 8, 2009 August 4, 2009 September 15, 2009 October 2009 — December 2009 January to March 2010 The alternatives available to the City Council include: 1. Authorize staff to distribute a Request for Proposal (RFP) to obtain professional engineering services to prepare the plans, specifications and engineer's estimate (PS&E) for the Jefferson Street Parkway Landscape Improvements, Project 2009-16; or 2. Do not authorize staff to distribute a Request for Proposal (RFP) to obtain professional engineering services to prepare the plans, specifications and engineer's estimate (PS&E) for the Jefferson Street Parkway Landscape Improvements, Project 2009-16; or 3. Provide staff with alternative direction. Respectfully submitted, T othy R. on on, P.E. Public Wo D ctor/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1. Request for Proposal (RFP) 163 ATTACHMENT 1 CITY OF LA QUINTA REQUEST FOR PROPOSAL JEFFERSON STREET PARKWAY LANDSCAPE IMPROVEMENTS The City of La Quinta requests proposals from qualified professional landscape architects to prepare plans, specifications and engineer's estimate (PS&E) for the Jefferson Street Parkway Landscape Improvements, City Project No. 2009-16. General Design Parameters The project is located on the east and west sides of Jefferson Street from Westward Ho Drive south to Fiesta Drive and at the intersection of Jefferson Street and Vista Grande. The proposed landscape improvements include installation of landscape and irrigation. The landscape palette will be the City Council approved "desertscape" theme for primary image corridors. Jefferson Street has been constructed to its General Plan configuration and the median island landscape work is complete. The City commissioned a concept design study to develop alternatives for the parkway landscape project. The selected concept 2A is included as Attachment 1. The City also has contracted for the civil design of the meandering sidewalk and precise grading of the two parkways. Construction of the sidewalk, perimeter wall/fence and grading will be completed under a separate construction contract. The plans for the sidewalk, grading and perimeter wall/fence are still being finalized. The latest version of these drawings is included as Attachment 2. The design consultant will be responsible for providing an itemized engineer's estimate, bid schedule, bid item descriptions, payment methods, and technical provisions. Samples of these specification documents are available for review within the City of La Quinta Public Works Department. Services Requested Services and products to be rendered in performing all work associated with project development may include, but may not be limited to: Base sheets are to be prepared from City -supplied topography. Perform utility coordination, identify points of connections, and obtain clearances. Prepare project plans, specifications and engineer's estimates of probable construction costs. ■ Plans will likely include: Title Sheet, Landscape Planting Plans, Irrigation Plans, and Detail Sheets. • Project Specifications and Bid Documents will likely include the detailed project description, preparation of bid schedules, bid item descriptions, payment methods, special provisions, technical specifications, and any specification detail sheets or standard ME plans. Consultant coordination will include an appropriate number of meetings with City staff. The consultant may be required to attend a City Council meeting. The design consultant will be expected to attend the pre -bid meeting and will respond to contractor requests for clarification during the bid process. Project Development Process 1. Pre -Design Meeting Initial meeting between the consultant and City staff to clarify project design objectives. 2. Agency Approval A. Consultant will submit PS&E and/or other necessary documents to City to obtain approval. At a minimum, the consultant should plan for the following plan check submittals: (1) 1 st Review - Concept Review (2) 2nd Review - 85-90% Check Plans & Specs (3) 3rd Review - 100% Check Plans, Specs, & Engineer's Estimate (4) 4th Review - Preliminary Final (screen check) B. Based upon comments received from the City, consultant will revise the preliminary Plans, Specifications, and Estimates (PS&E) and resubmit. C. Staff approved PS&E will be submitted to the City Council for approval. D. All approved plans will be provided to the City on compact disk in AutoCAD 2008 format, as well as on "D" size Mylar. Specification documents, including technical specifications, will be provided on digital medium disks in Microsoft Word for Windows format. The Engineer's estimate will be provided in Excel for Windows format. 3. Bidding Phase The consultant will be expected to provide assistance in preparing the necessary documents and coordinate advertisement of the project for bid. Technical support during the bidding and award process may also be required. 4. Proposal Format Proposals (work proposal and cost proposal) are to be submitted in separate envelopes clearly marked with the consultants name, address and phone number. Only one proposal per consultant will be considered. r Proposal packages are to be submitted to the City on/or before August 4. 2009 at/or before 5:00 p.m. Proposals received after the stated deadline shall not be accepted. Proposal packages are to be delivered to: Bryan McKinney, P.E., Principal Engineer City of La Quinta Public Works Department 78-495 Calle Tampico La Quinta, CA 92253 Consultants are encouraged to keep their proposals brief and relevant to the specific work required. Proposals shall include the following items: 1. Work Proposal (envelope 1) - submit 4 copies A. Cover Letter (1) The name, address and phone number of the consultant's contact person for the remainder of the selection process. (2) Any qualifying statements or comments regarding the consultant's proposal, the information provided in the RFP or the proposed contract. (3) Identification of sub -consultants and their responsibilities. B. Statement of Qualifications (1) A listing of proposed project personnel, including personal experiences and individual resumes for prime and sub -consultants. (2) Consultant's and sub -consultant experience with similar work, including names and current phone numbers of reference for listed projects. C. Project Understanding and Approach A description of your project understanding, and how you will approach the project. D. Scope of Work Program A description of the tasks, sub -tasks, and deliverables that will be provided. E. Project Schedule A comprehensive Critical Path Method (CPM) schedule is to be submitted describing the nature and scheduling of proposed tasks and reflecting August 24, 2009 as the start date. The City Council meets the 151 and V Tuesday of each month. The project schedule should include all approvals expected during the project period. 2. Cost Proposal (envelope 2) - Submit two (2) copies The consultant is to submit two copies of a detailed cost proposal for all 11 166 services and materials anticipated in completing the project. Man-hours and extended billing rates per classification of personnel will be indicated for each task and/or sub -task defined. Selection Process Work Programs will be reviewed by a Consultant Selection Committee. The Committee will rank the consultants for contract negotiations based upon the materials submitted within the Work Proposal. The Committee may or may not choose to interview two or more closely -rated firms, but will not expect or schedule time for elaborate presentations. Cost proposals will be opened only after the ranking process is complete. The City will open contract negotiations with the top -ranked firm. The successful consultant will be expected to enter into the Professional Services Agreement included as Attachment 3. CITY OF LA QUINTA COST PROPOSAL SHEET JEFFERSON STREET PARKWAY LANDSCAPE IMPROVEMENTS The following is a summary of costs to provide the services outlined in the Request for Proposal for professional landscape architecture consultants to prepare the PS&E for the Jefferson Street Parkway Landscape Improvements and will be used as the basis for negotiating a Professional Services Agreement: Work Objectives Proposed Cost 1. 2. 3. 4. 5. TOTAL LUMP SUM FIXED FEE: I $ Consultant may include as many, or as few, work objectives it believes are necessary to complete the project. Attached herein is a detailed man-hour and fee breakdown for the tasks and sub -tasks defined in our proposal. Prime Consultant Date Signed •e WESTWARD HO DRIVE i W 1� 4s1 .•�� }� 16 9 a tl SEE THIS SHEET ABOVE I I I I I 1 I 1 1 Iwj 1gl I I 1 D IF C 9 1 1! No I I I I� I I � I I 1 I �g 1 1 I I I I 1 I I I t 1 I I I 1 I I ��1 8, I I I I I I I I II I I�— i' I I li 1 1 I II 1 I � � 1 1 } I cO I 119 I 1 II I I I I I , 1 I 1 l I I PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and (""Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to , Project No. , as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services< required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). Last revised 6-30-09 M- 172 1 .5 Care of Work and Standard of Work. a. Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by. Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. b. Standard of Work. Consultant acknowledges and understands that the services and work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant's services and work will be held to a heightened standard of quality and workmanship. Consistent with Section 1.4 hereinabove, Consultant represents to City that it holds the necessary skills and abilities to satisfy the heightened standard of work as set forth in this Agreement. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Dollars ($ ) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Last revised 6-30-09 - 2 Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (1Oth) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. Last revised 6-30-09 - 3 - .,....J 174 3.4 Term. The term of this agreement shall commence on 200 and terminate on _ 200_(initial term)• This agreement may be extended for additional year(s) upon mutual agreement by both parties (extended term)• Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. b. C. It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be or such other person as may be designated by the City Manager of City. It shall. be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein Last revised 6-30-09 - 4 - ,N...0 175 may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Prior to the beginning of and throughout the duration of the Work performed under this Agreement, Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A -:VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Last revised 6-30-09 - 5 - 4s.. 176 Errors and Omissions Liability $1,000,000 (per claim and aggregate) Workers' Compensation (per statutory requirements) Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. Last revised 6-30-09 - 6 - "'...0 177 5.2 Indemnification. a. General Indemnification Provision. 1. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit C without the written consent of the Consultant. 2. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. 3. Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any. other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the Last revised 6-30-09 - 7 - 169..01 178 terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. 4. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. b. Indemnification Provision for Design Professionals. 1. Applicability of Section 5.2(b). Notwithstanding Section 5.2(a) hereinabove, the following indemnification provision shall apply to Consultants who constitute "design professionals" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and City's agents, officers, officials, employees, representatives, and departments ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant, anyone directly or indirectly employed by them or anyone that they control. 3. Design Professional Defined. As used in this Section 5.2(b), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. Last revised 6-30-09 ' 8 - 1l9 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 5.4 General Conditions pertaining to provisions of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. Last revised 6-30-09 - 9 - ......01 180 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right , but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements Last revised 6-30-09 - 10 - with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City, If Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. 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. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. Last revised 6-30-09 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. 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. 19. 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. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books Last revised 6-30-09 - 12 - .... ^ 183 and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by Last revised 6-30-09 - 13 - 184 submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written Last revised 6-30-09 - 1 4 - 185 notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national Last revised 6-30-09 - 15 - 1 O 1 O 6 origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: To Consultant: CITY OF LA QUINTA Attention: Thomas P. Genovese City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. Last revised 6-30-09 - 16 - 187 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager Date ATTEST: Veronica J. Montecino, CMC, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: By: Name: Title: Last revised 6-30-09 - 1 7 - ....� 188 Exhibit A Scope of Services Last revised 6-30-09 18 1.. - • 189 Exhibit B Schedule of Compensation Payment shall be on a "Fixed Fee" basis in accordance with the Consultants Schedule of Compensation attached herewith for the work tasks performed in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed ($ 1 except as specified in Section 1.6 - Additional Services of the Agreement. Last revised 6-30-09 19� r 1 Q Q Exhibit C Schedule of Performance Consultants Project Schedule is attached and made a part of this agreement. Consultant shall complete services presented within the scope of work contained within Exhibit "A" in accordance with the attached project schedule. Last revised 6-30-09 20 191 Exhibit D Special Requirements Last revised 6-30-09 2 n 192 pa�wm"7`a"c L� z y OF TKO COUNCIL/RDA MEETING DATE: July 7, 2009 ITEM TITLE: Approval of a Request for Proposal to Obtain Professional Engineering Services to Prepare the Plans, Specifications and Engineer's Estimate of Probable Construction Costs for the Pioneer Park Improvements, Project Number 2009-09 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: V Authorize staff to distribute a Request for Proposal (RFP) to obtain professional engineering and landscape architectural services to prepare the plans, specifications and engineer's estimate (PS&E) for the Pioneer Park Improvements, Project Number 2009-09. FISCAL IMPLICATIONS: The following is the project's approved funding and funding sources: QUIMBY Funds Total Funding Available: The following is the anticipated project budget: Design: Inspection/Testing/Survey: Construction: City Administration Contingency: Total: $ 504,366 $ 504,366 $37,430 $36,494 $374,300 $18,712 $37,430 $ 504,366 As illustrated, adequate funding is available to support staff's recommendation. 193 CHARTER CITY IMPLICATIONS: The project is 100% funded with locally generated QUIMBY funds. As such, the project will be bid as a non -prevailing wage improvement. BACKGROUND AND OVERVIEW: Pioneer Park is located in the southeast corner of the intersection of Miles Avenue and Seeley Drive. The park currently has a small playground area and separate dog park areas for small dogs and large dogs. Access to the park is from Seeley Drive. The City commissioned a concept design study to develop alternatives for the installation of an onsite parking lot and expansion of the large dog park area. The proposed improvements include a new driveway from Seeley Drive, a 20-stall, paved parking lot, new sidewalks, drainage improvements and expansion of the large dog park area into the Coachella Valley Water District (CVWD) property set aside for a future well site northeast of the existing dog park areas. The expansion of the large dog park area will require the removal of existing fence and construction of new perimeter fence around the CVWD well site, installation of suitable turf sod and new turf irrigation. On April 21, 2009 the City Council adopted Resolution 2009,033 approving the Fiscal Year 2009-2010 through 2013-2014 Capital Improvement Program (CIP) and Making Certain Findings Pursuant to Health and Safety Code Section 33445(a). The Pioneer Park Improvements are included within the adopted CIP and scheduled for funding during Fiscal Years 2009-2010. The RFP to obtain professional engineering and landscape architectural services to prepare the PS&E for the Pioneer Park Improvements has been prepared and is ready for distribution to qualified consultants. The consultant selection process outlined within City Resolution No. 2005-096, adopted December 6, 2005, shall be followed. In accordance with Resolution 2005-096, the guidelines for major services will be followed as the estimated cost may exceed $50,000. The City Manager intends to appoint a Selection Committee consisting of the following members: Tim Jonasson, P.E., Public Works Director/City Engineer, Nick Nickerson, Project Manager, Bryan McKinney, Engineering Services/CIP, Principal Engineer, and Steve Howlett, Golf/Park Landscape Manager. If the City Council wishes to appoint a different Selection Committee, the Committee would be subject to the Brown Act unless the Committee consists solely of two council members. 194 Contingent upon City Council authorization to distribute the RFP on July 7, 2009, the following is the anticipated project schedule: Issue RFP Proposal Due Date Recommendations to City Council Project Design (3 months) FINDINGS AND ALTERNATIVES: July 8, 2009 August 5, 2009 September 15, 2009 October 2009 — December 2009 The alternatives available to the City Council include: 1. Authorize staff to distribute a Request for Proposal (RFP) to obtain professional engineering and landscape architectural services to prepare the plans, specifications and engineer's estimate (PS&E) for the Pioneer Park Improvements, Project No. 2009-09; or 2. Do not authorize staff to distribute a Request for Proposal (RFP) to obtain professional engineering and landscape architectural services to prepare the plans, specifications and engineer's estimate (PS&E) for the Pioneer Park Improvements, Project No. 2009-09; or 3. Provide staff with alternative direction. Respectfully submitted, J mothy Jo son, P.E. Public Works rector/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Request for Proposal (RFP) ,...: ; 195 ATTACHMENT 1 CITY OF LA QUINTA REQUEST FOR PROPOSAL PIONEER PARK PARKING LOT AND DOG PARK IMPROVEMENTS The City of La Quinta requests proposals from qualified professional civil engineers and landscape architects to prepare plans, specifications and engineer's estimate (PS&E) for the Pioneer Park Parking Lot and Dog Park Improvements, City Project No. 2009-09. General Design Parameters Pioneer Park is located in the southeast corner of the intersection of Miles Avenue and Seeley Drive. The park currently has a small playground area and separate dog park areas for small dogs and large dogs. Access to the park is from Seeley Drive. The City commissioned a concept design study to develop alternatives for the installation of an onsite parking lot and expansion of the large dog park area. The selected concept, Alternative 2 is included as Attachment 1. Alternative 2 includes a new driveway from Seeley Drive, a 20-stall, paved parking lot, new sidewalks, drainage improvements and expansion of the large dog park area into the CVWD property set aside for a future well site northeast of the existing dog park areas. The expansion of the large dog park area will require the removal of existing fence and construction of new perimeter fence around the CVWD well site, installation of suitable turf sod and new turf irrigation. The design consultant will be responsible for providing an itemized engineer's estimate, bid schedule, bid item descriptions, payment methods, and technical provisions. Samples of these specification documents are available for review within the City of La Quinta Public Works Department. Services Requested Services and products to be rendered in performing all work associated with project development may include, but may not be limited to: • Base sheets are to be prepared by the selected Consultant. The City can supply a hard. copy or .pdf file of the existing topography, however, the Consultant will be responsible for obtaining any new topography necessary to complete the design. • Perform utility coordination, identify points of connections, and obtain clearances. • Prepare project plans, specifications and engineer's estimates of probable construction costs. ■ Plans will likely include: Title Sheet, Parking Lot Grading and Paving Plans, Striping Plans, Planting and Irrigation Plans, and Detail Sheets. 196 Page 1 of 5 ■ Project Specifications and Bid Documents will likely include the detailed project description, preparation of bid schedules, bid item descriptions, payment methods, special provisions, technical specifications, and any specification detail sheets or standard plans. Consultant coordination will include an appropriate number of meetings with City staff. The consultant may be required to attend a City Council meeting. The design consultant will be expected to attend the pre -bid meeting and will respond to contractor requests for clarification during the bid process. Project Development Process 1. Pre -Design Meeting Initial meeting between the consultant and City staff to clarify project design objectives. 2. Agency Approval A. Consultant will submit PS&E and/or other necessary documents to City to obtain approval. At a minimum, the consultant should plan for the following plan check submittals: (1) 1 st Review - Concept Review (2) 2nd Review - 85-90% Check Plans & Specs (3) 3rd Review - 100% Check Plans, Specs, & Engineer's Estimate (4) 4th Review - Preliminary Final (screen check) B. Based upon comments received from the City, consultant will revise the preliminary Plans, Specifications, and Estimates (PS&E) and resubmit. C. Staff approved PS&E will be submitted to the City Council for approval. D. All approved plans will be provided to the City on compact disk in AutoCAD 2008 format, as well as on "D" size Mylar. Specification documents, including technical specifications, will be provided on digital medium disks in Microsoft Word for Windows format. The Engineer's estimate will be.provided in Excel for Windows format. 3. Bidding Phase The consultant will be expected to provide assistance in preparing the necessary documents and coordinate advertisement of the project for bid. Technical support during the bidding and award process may also be required. 4. Proposal Format Proposals (work proposal and cost proposal) are to be submitted in separate envelopes clearly marked with the consultants name, address and phone ....:� 197 Page 2 of 5 number. Only one proposal per consultant will be considered. Proposal packages are to be submitted to the City on/or before August 5 2009 et/or before 5:00 p.m. Proposals received after the stated deadline shall not be accepted. Proposal packages are to be delivered to: Bryan McKinney, P.E., Principal Engineer City of La Quinta Public Works Department 78-495 Calle Tampico La Quinta, CA 92253 Consultants are encouraged to keep their proposals brief and relevant to the specific work required. Proposals shall include the following items: 1. Work Proposal (envelope 1) - Submit five (5) copies A. Cover Letter (1) The name, address and phone number of the consultant's contact person for the remainder of the selection process. (2) Any qualifying statements or comments regarding the consultant's proposal, the information provided in the RFP or the proposed contract. (3) Identification of sub -consultants and their responsibilities. B. Statement of Qualifications (1) A listing of proposed project personnel, including personal experiences and individual resumes for prime and sub -consultants. (2) Consultant's and sub -consultant experience with similar work, including names and current phone numbers of reference for listed projects. C. Project Understanding and Approach A description of your project understanding, and how you will approach the project. D. Scope of Work Program A description of the tasks, sub -tasks, and deliverables that will be provided. E. Project Schedule A comprehensive Critical Path Method (CPM) schedule is to be submitted describing the nature and scheduling of proposed tasks and reflecting August 24, 2009 as the start date. The City Council meets the 1' and V Tuesday of each month. The project schedule should include all approvals expected during the project period. 2. Cost Proposal (envelope 2) — Submit two (2) copies The consultant is to submit two copies of a detailed cost proposal for all services and materials anticipated in completing the project. Man-hours and extended billing rates per classification of personnel will be indicated for each task and/or sub -task defined. Page 3 of 5 r' 198 Selection Process Work Programs will be reviewed by a Consultant Selection Committee. The Committee will rank the consultants for contract negotiations based upon the materials submitted within the Work Proposal. The Committee may or may not choose to interview two or more closely -rated firms, but will not expect or schedule time for elaborate presentations. Cost proposals will be opened only after the ranking process is complete. The City will open contract negotiations with the top -ranked firm. The successful consultant will be expected to enter into the Professional Services Agreement included as Attachment 2. Page 4 of 5 193 CITY OF LA QUINTA COST PROPOSAL SHEET PIONEER PARK PARKING LOT AND DOG PARK IMPROVEMENTS The following is a summary of costs to provide the services outlined in the Request for Proposal for professional civil engineering and landscape architecture consultants to prepare the PS&E for the Pioneer Park Parking Lot and Dog Park Improvements and will be used as the basis for negotiating a Professional Services Agreement: Work Objectives Proposed Cost 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. TOTAL LUMP SUM FIXED FEE: $ Consultant may include as many, or as few, work objectives it believes are necessary to complete the project. Attached herein is a detailed man-hour and fee breakdown for the tasks and sub -tasks defined in our proposal. Prime Consultant Date Signed Page 5 of 5 "' • 200 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to Project No. , as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). Last revised 6-30-09 - t - 201 1 .5 Care of Work and Standard of Work. a. Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. b. Standard of Work. Consultant acknowledges and understands that the services and work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant's services and work will be held to a heightened standard of quality and workmanship. Consistent with Section 1.4 hereinabove, Consultant represents to City that it holds the necessary skills and abilities to satisfy the heightened standard of work as set forth in this Agreement. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in Exhibit "D" (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Dollars ($) (the -"Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Last revised 6-30-09 - 2 - In., 202 Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. Last revised 6-30-09 - 3 - a.. ^ 2 0 3.4 Term. The term of this agreement shall commence on 200 and terminate on _ 200_0nitial term). This agreement may be extended for additional year(s) upon mutual agreement by both parties (extended term). Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. b. C. It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein Last revised 6-30-09 - 4 - r 204 may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Prior to the beginning of and throughout the duration of the Work performed under this Agreement, Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A -:VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Last revised 6-30-09 - 5 ....:n! 205 Errors and Omissions Liability $1,000,000 (per claim and aggregate) Workers' Compensation (per statutory requirements) Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect 'against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. Last revised 6-30-09 - 6 - 206 5.2 Indemnification. a. General Indemnification Provision. 1. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit C without the written consent of the Consultant. 2. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. 3. Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the Last revised 6-30-09 - 7 - �.. � 207 terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. 4. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. b. Indemnification Provision for Design Professionals. 1. Applicability of Section 5.2(b). Notwithstanding Section 5.2(a) hereinabove, the following indemnification provision shall apply to Consultants who constitute "design professionals" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and City's agents, officers, officials, employees, representatives, and departments ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant, anyone directly or indirectly employed by them or anyone that they control. 3. Design Professional Defined. As used in this Section 5.2(b), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. Last revised 6-30-09 - 8 - t,,.. 1 208 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 5.4 General Conditions pertaining to provisions of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. Last revised 6-30-09 - 9 - ^ 9 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right , but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements Last revised 6-30-09 - 10 - „...j 210 with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City, If Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. 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. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of, the expiration of coverages. Last revised 6-30-09 - it - 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. 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. 19. 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. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books Last revised 6-30-09 - t 2 - «• 212 and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by Last revised 6-30-09 - 13 - 213 submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided tha nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written Last revised 6-30-09 - 14 - 4S.. 214 notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national Last revised 6-30-09 - 15 - 215 origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: To Consultant: CITY OF LA QUINTA Attention: Thomas P. Genovese City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. Last revised 6-30-09 - 1 6 - 216 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager ATTEST: Veronica J. Montecino, CMC, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: By: Name:- Title: - Date: Date Last revised 6-30-09 - 17 - ,...:� 211 Exhibit A Scope of Services Last revised 630-09 18 '�., . ; 218 Exhibit B Schedule of Compensation Payment shall be on a "Fixed Fee" basis in accordance with the Consultants Schedule of Compensation attached herewith for the work tasks performed in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed ($ except as specified in Section 1.6 - Additional Services of the Agreement. Last revised 6-30-09 19 'w„ .1 219 Exhibit C Schedule of Performance Consultants Project Schedule is attached and made a part of this agreement. Consultant shall complete services presented within the scope of work contained within Exhibit "A" in accordance with the attached project schedule. Cast revised 6-30-09 20 O .... . Exhibit D Special Requirements Last revised 6-30-09 21 •• • • 221 way/ 4 4v Quiftrcv COUNCIL/RDA MEETING DATE: July 7, 2009 ITEM TITLE: Approval of a Request for Proposal to Obtain Professional Engineering Services to Prepare the Plans, Specifications and Engineer's Estimate of Probable Construction Costs for the Seasons Park Improvements, Project Number 2009-05 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: /D Authorize staff to distribute a Request for Proposal (RFP) to obtain professional engineering and landscape architectural services to prepare the plans, specifications and engineer's estimate (PS&E) for the Seasons Park Improvements, Project Number 2009-05, FISCAL IMPLICATIONS: The following is the project's approved funding and funding sources: QUIMBY Funds $200,000 Total Funding Available: $200,000 The following is the anticipated project budget: Design: $14,842 Inspection/Testing/Survey: $14,472 Construction: $148,423 City Administration $7,421 Contingency: $14,842 Total: $ 200,000 As illustrated, adequate funding is available to support staff's recommendation. 222- CHARTER CITY IMPLICATIONS: The project is 100% funded with locally generated QUIMBY funds. As such, the project will be bid as a non -prevailing wage improvement. BACKGROUND AND OVERVIEW: Seasons Park is located north and east of Cloud View Way and Desert Fall Way and consists of turf, trees and a small playground area. The City intends to install separate areas for small and large dogs within the existing park. The City commissioned a concept design study to develop alternatives for the construction of the dog park areas. The plan includes a new, lighted entry ramp from Cloud View Drive, separate entries to the large dog and small dog park areas, shade structures and site furnishings (drinking fountains for humans and dogs, trash receptacles, etc.), and perimeter fencing. On April 21, 2009 the City Council adopted Resolution 2009-033 approving the Fiscal Year 2009/2010 through 2013/2014 Capital Improvement Program (CIP) and Making Certain Findings Pursuant to Health and Safety Code Section 33445(a). The Seasons Park Improvements are included within the adopted CIP and scheduled for funding during Fiscal Years 2009-2010. The RFP to obtain professional engineering and landscape architectural services to prepare the PS&E for the Seasons Park Improvements has been prepared and is ready for distribution to qualified consultants. The consultant selection process outlined within City Resolution No. 2005-096, adopted December 6, 2005, shall be followed. In accordance with Resolution 2005-096, the guidelines for major services will be followed if the design costs exceed $50,000. The City Manager intends to appoint a Selection Committee consisting of the following members: Tim Jonasson, P.E., Public Works Director/City Engineer, Nick Nickerson, Project Manager, Bryan McKinney, Engineering Services/CIP, Principal Engineer, and Steve Howlett, Golf/Park Landscape Manager. If the City Council wishes to appoint a different Selection Committee, the Committee would be subject to the Brown Act unless the Committee consists solely of two council members. Contingent upon City Council authorization to distribute the RFP on July 7, 2009, the following is the anticipated project schedule: .. 223 Issue RFP Proposal Due Date Recommendations to City Council Project Design (3 months) FINDINGS AND ALTERNATIVES: July 8, 2009 August 6, 2009 September 15, 2009 October 2009 — December 2009 The alternatives available to the City Council include: 1. Authorize staff to distribute a Request for Proposal (RFP) to obtain professional engineering and landscape architectural services to prepare the plans, specifications and engineer's estimate (PS&E) for the Seasons Park Improvements, Project No. 2009-05; or 2. Do not authorize staff to distribute a Request for Proposal (RFP) to obtain professional engineering and landscape architectural services to prepare the plans, specifications and engineer's estimate (PS&E) for the Seasons Park Improvements, Project No. 2009-05; or 3. Provide staff with alternative direction. Respectfully submitted, 4T othy R. Jona n, P.E. ublic Wor Di for/City Engineer Approved for submission by: �Iqe le4-9� Thomas P. Genovese, City Manager Attachment: 1 . Request for Proposal (RFP) 224 ATTACHMENT 1 CITY OF LA QUINTA REQUEST FOR PROPOSAL SEASONS PARK DOG PARK IMPROVEMENTS The City of La Quinta requests proposals from qualified professional landscape architects to prepare plans, specifications and engineer's estimate (PS&E) for the Seasons Park Dog Park Improvements, City Project No. 2009-05. General Design Parameters Seasons Park is located north and east of Cloud View Way and Desert Fall Way and consists of turf, trees and a small playground area. The City intends to install separate areas for small and large dogs within the existing park. The City commissioned a concept design study to develop alternatives for the construction of the dog park areas. The preliminary plan is included as Attachment 1. The plan includes a new, lighted entry ramp from Cloud View Drive, separate entries to the large dog and small dog park areas, shade structures and site furnishings (drinking fountains for humans and dogs, trash receptacles, etc.) and perimeter fencing. The design consultant will be responsible for providing an itemized engineer's estimate, bid schedule, bid item descriptions, payment methods, and technical provisions. Samples of these specification documents are available for review within the City of La Quinta Public Works Department. Services Requested Services and products to be rendered in performing all work associated with project development may include, but may not be limited to: Base sheets are to be prepared by the selected Consultant. The Consultant will be responsible for obtaining any topographic survey required to complete the design. Perform utility coordination, identify points of connections, and obtain clearances. Prepare project plans, specifications and engineer's estimates of probable construction costs. ■ Plans will likely include: Title Sheet and Notes, Site Grading and Sidewalk Plans, Shade Structures and Site Furnishings, Site Utilities, Fence Plan and Detail Sheets. ■ Project Specifications and Bid Documents will likely include the detailed project description, preparation of bid schedules, bid item descriptions, payment methods, special provisions, technical specifications, and any specification detail sheets or standard plans. Consultant coordination will include an appropriate number of meetings .. " 225 Page 1 of 5 with City staff. The consultant may be required to attend a City Council meeting. The design consultant will be expected to attend the pre -bid meeting and will respond to contractor requests for clarification during the bid process. Project Development Process 1. Pre -Design Meeting Initial meeting between the consultant and City staff to clarify project design objectives. 2. Agency Approval A. Consultant will submit PS&E and/or other necessary documents to City to obtain approval. At a minimum, the consultant should plan for the following plan check submittals: (1) 1 st Review - Concept Review (2) 2nd Review - 85-90% Check Plans & Specs (3) 3rd Review - 100% Check Plans, Specs, & Engineer's Estimate (4) 4th Review - Preliminary Final (screen check) B. Based upon comments received from the City, consultant will revise the preliminary Plans, Specifications, and Estimates (PS&E) and resubmit. C. Staff approved PS&E will be submitted to the City Council for approval. D. All approved plans will be provided to the City on compact disk in AutoCAD 2008 format, as well as on "D" size Mylar. Specification documents, including technical specifications, will be provided on digital medium disks in Microsoft Word for Windows format. The Engineer's estimate will be provided in Excel for Windows format. 3. Bidding Phase The consultant will be expected to provide assistance in preparing the necessary documents and coordinate advertisement of the project for bid. Technical support during the bidding and award process may also be required. 4. Proposal Format Proposals (work proposal and cost proposal) are to be submitted in separate envelopes clearly marked with the consultants name, address and phone number. Only one proposal per consultant will be considered. Proposal packages are to be submitted to the City on/or before August 6, 2009 at/or before 5:00 p.m. Proposals received after the stated deadline shall not be accepted. Proposal packages are to be delivered to: Bryan McKinney, P.E., Principal Engineer 226 Page 2 of 5 City of La Quinta Public Works Department 78-495 Calle Tampico La Quinta, CA 92253 Consultants are encouraged to keep their proposals brief and relevant to the specific work required. Proposals shall include the following items: 1. Work Proposal (envelope 1) - Submit five (5) copies A. Cover Letter (1) The name, address and phone number of the consultant's contact person for the remainder of the selection process. (2) Any qualifying statements or comments regarding the consultant's proposal, the information provided in the RFP or the proposed contract. (3) Identification of sub -consultants and their responsibilities. B. Statement of Qualifications (1) A listing of proposed project personnel, including personal experiences and individual resumes for prime and sub -consultants. (2) Consultant's and sub -consultant experience with similar work, including names and current phone numbers of reference for listed projects. C. Project Understanding and Approach A description of your project understanding, and how you will approach the project. D. Scope of Work Program A description of the tasks, sub -tasks, and deliverables that will be provided. E. Project Schedule A comprehensive Critical Path Method (CPM) schedule is to be submitted describing the nature and scheduling of proposed tasks and reflecting August 24, 2009 as the start date. The City Council meets the 1" and V Tuesday of each month. The project schedule should include all approvals expected during the project period. 2. Cost Proposal (envelope 2) — Submit two (2) copies The consultant is to submit two copies of a detailed cost proposal for all services and materials anticipated in completing the project. Man-hours and extended billing rates per classification of personnel will be indicated for each task and/or sub -task defined. 227 Page 3 of 5 Selection Process Work Programs will be reviewed by a Consultant Selection Committee. The Committee will rank the consultants for contract negotiations based upon the materials submitted within the Work Proposal. The Committee may or may not choose to interview two or more closely -rated firms, but will not expect or schedule time for elaborate presentations. Cost proposals will be opened only after the ranking process is complete. The City will open contract negotiations with the top -ranked firm. The successful consultant will be expected to enter into the Professional Services Agreement included as Attachment 2. 228 Page 4 of 5 CITY OF LA QUINTA COST PROPOSAL SHEET SEASONS PARK DOG PARK IMPROVEMENTS The following is a summary of costs to provide the services outlined in the Request for Proposal for professional civil engineering and landscape architecture consultants to prepare the PS&E for the Seasons Park Dog Park Improvements and will be used as the basis for negotiating a Professional Services Agreement: Work Objectives Proposed Cost 1. 2. 3. 4. TOTAL LUMP SUM FIXED FEE: S Consultant may include as many, or as few, work objectives it believes are necessary to complete the project. Attached herein is a detailed man-hour and fee breakdown for the tasks and sub -tasks defined in our proposal. Prime Consultant Date Signed 229 Page 5 of 5 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and ("Consultant"). The parties hereto agree as follows: 1.0 SERVICES OF CONSULTANT 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to Project No. , as specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference (the "services" or "work"). Consultant warrants that all services will be performed in a competent, professional and satisfactory manner in accordance with the standards prevalent in the industry for such services. 1.2 Compliance with Law. All services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations and laws of the City of La Quinta and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the services required by this Agreement. 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that (a) it has thoroughly investigated and considered the work to be performed, (b) it has investigated the site of the work and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the work should be performed, and (d) it fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). Last revised 6-30-09 - I - �•••.•.- 230 1.5 Care of Work and Standard of Work. a. Care of Work. Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work performed by Consultant, and the equipment, materials, papers and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City's own negligence. The performance of services by Consultant shall not relieve Consultant from any obligation to correct any incomplete, inaccurate or defective work at no further cost to City, when such inaccuracies are due to the negligence of Consultant. b. Standard of Work. Consultant acknowledges and understands that the services and work contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Consultant's services and work will be held to a heightened standard of quality and workmanship. Consistent with Section 1.4 hereinabove, Consultant represents to City that it holds the necessary skills and abilities to satisfy the heightened standard of work as set forth in this Agreement. 1.6 Additional Services. In accordance with the terms and conditions of this Agreement, Consultant shall perform services in addition to those specified in the Scope of Services when directed to do so by the Contract Officer, provided that Consultant shall not be required to perform any additional services without compensation. Any addition in compensation not exceeding five percent (5%) of the Contract Sum may be approved by the Contract Officer. Any greater increase must be approved by the City Council. 1.7 Special Requirements. Additional terms and conditions of this Agreement, if any, which. are made a part hereof are set forth in Exhibit "Y (the "Special Requirements"). In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit "B" (the "Schedule of Compensation") in a total amount not to exceed Dollars ($) (the "Contract Sum"), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Last revised 6-30-09 - 2 - 231 Contract Sum, or such other methods as may be specified in the Schedule of Compensation. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 2.2 Method of Payment. Any month in which Consultant wishes to receive payment, Consultant shall submit to City no later than the tenth (1Oth) working day of such month, in the form approved by City's Finance Director, an invoice for services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the services provided, including time and materials, and (2) specify each staff member who has provided services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Consultant specifying that the payment requested is for work performed in accordance with the terms of this Agreement. City will pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department. 3.0 PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Exhibit "C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the forced delay when and if in his or her judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. Last revised 6-30-09 - 3 - 232 3.4 Term. The term of this agreement shall commence on 200 and terminate on 200_(initial term)• This agreement may be extended for additional year(s) upon mutual agreement by both parties (extended term). Unless earlier terminated in accordance with Sections 7.7 or 7.8 of this Agreement, this Agreement shall continue in full force and effect until completion of the services, except as otherwise provided in the Schedule of Performance. 4.0 COORDINATION OF WORK 4.1 Representative of Consultant. The following principals of Consultant are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: a. b. C. It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principals may not be changed by Consultant and no other personnel may be assigned to perform the service required hereunder without the express written approval of City. 4.2 Contract Officer. The Contract Officer shall be or such other person as may be designated by the City Manager of City. It shall be Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and Consultant shall refer any decisions, which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein Last revised 6-30-09 - 4 - 233 may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4.5 City Cooperation. City shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to services to be performed hereunder which are reasonably available to Consultant only from or through action by City. 5.0 INSURANCE, INDEMNIFICATION AND BONDS. 5.1 Insurance. Prior to the beginning of and throughout the duration of the Work performed under this Agreement, Consultant shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, personal and public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's acts or omissions rising out of or related to Consultant's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. The following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A -:VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Last revised 6-30-09 - 5 - 234 3/1 Errors and Omissions Liability $1,000,000 (per claim and aggregate) Workers' Compensation (per statutory requirements) Consultant shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Consultant, its officers, any person directly or indirectly employed by Consultant, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Consultant's performance under this Agreement. If Consultant or Consultant's employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Consultant's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. A certificate evidencing the foregoing and naming City and its officers and employees as additional insured shall be delivered to and approved by City prior to commencement of the services hereunder. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of" the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Consultant shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. All insurance required by this Section shall be kept in effect during the term of this Agreement and shall not be cancelable without thirty (30) days written notice to City of proposed cancellation. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. Last revised 6-30-09 - 6 235 5.2 Indemnification. a. General Indemnification Provision. 1. Indemnification for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are cause in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Consultant shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit C without the written consent of the Consultant. 2. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subconsultants of Consultant. 3. Standard Indemnification Provisions. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this section from each and every subconsultant or any other person or entity involved by, 'for, with or on behalf of Consultant in the performance of this agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible according to the Last revised 6-30-09 - 7 - 236 terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns or heirs of Consultant and shall survive the termination of this agreement or this section. 4. Indemnity Provisions for Contracts Related to Construction. Without affecting the rights of City under any provision of this agreement, Consultant shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Consultant will be for that entire portion or percentage of liability not attributable to the active negligence of City. b. Indemnification Provision for Design Professionals 1. Applicability of Section 5.2(b). Notwithstanding Section 5.2(a) hereinabove, the following indemnification provision shall apply to Consultants who constitute "design professionals" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and City's agents, officers, officials, employees, representatives, and departments ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including, without limitation, injury to or death of an employee of Consultant or subconsultants), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant, anyone directly or indirectly employed by them or anyone that they control. 3. Design Professional Defined. As used in this Section 5.2(b), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. Last revised 6-30-09 ' 8 - 237 5.3 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Consultant to stop work under this Agreement and/or withhold any payment(s) which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Consultant's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractors' performance of work under this Agreement. 5.4 General Conditions pertaining to provisions of insurance coverage by Consultant. Consultant and City agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage. Last revised 6-30-09 - 9 - 238 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right , but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at City option. 8. Certificate(s) are to reflect that the insurer will provide thirty (30) days notice to City of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Consultant or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self insurance available to City. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements Last revised 6-30-09 - 10' .: 239 with subcontractors and others engaged in the project will be submitted to City for review. 11. Consultant agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City, If Consultant's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Consultant, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 12. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City will negotiate additional compensation proportional to the increased benefit to City. 13. 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. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. Last revised 6-30-09- 240 17. The provisions of any workers' compensation or similar act will not limit the obligations of Consultant under this agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials and agents. 18. 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. 19. 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. 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Consultant for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 6.0 RECORDS AND REPORTS. 6.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning Consultant's performance of the services required by this Agreement as the Contract Officer shall require. 6.2 Records. Consultant shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the cost and the performance of such services. Books Last revised 6-30-09 - t 2 - 241 and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principals. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 6.3 Ownership of Documents. Originals of all drawings, specifications, reports, records, documents and other materials, whether in hard copy or electronic form, which are prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement, shall be the property of City and shall be delivered to City upon termination of this Agreement or upon the earlier request of the Contract Officer, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder. Consultant shall cause all subcontractors to assign to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages suffered thereby. In the event City or any person, firm or corporation authorized by City reuses said documents and materials without written verification or adaptation by Consultant for the specific purpose intended and causes to be made or makes any changes or alterations in said documents and materials, City hereby releases, discharges, and exonerates Consultant from liability resulting from said change. The provisions of this clause shall survive the completion of this Contract and shall thereafter remain in full force and effect. 6.4 Release of Documents. The drawings, specifications, reports, records, documents and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Consultant shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.0 ENFORCEMENT OF AGREEMENT. 7.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 7.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by Last revised 6-30-09 - 13 - 242 submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety and general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section 7.8. 7.3 Retention of Funds. City may withhold from any monies payable to Consultant sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Consultant in the performance of the services required by this Agreement. 7.4 Waiver. No delay or omission in the exercise of any right or remedy of a non defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Consultant requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 7.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 7.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.7 Termination Prior To Expiration Of Term. This section shall govern any termination of this Agreement, except as specifically provided in the following Section 7.8 for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written Last revised 6-30-09 - t 4 - '.,... , 243 notice to Consultant. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. 7.8 Termination for Default of Consultant. If termination is due to the failure of Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over work and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of setoff or partial payment of the amounts owed City as previously stated in Section 7.3. 7.9 Attorneys' Fees. If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs of suit from the losing party. 8.0 CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 8.1 Non -liability of City Officers and Employees. No officer or employee of City shall be personally liable to Consultant, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement. 8.2 Conflict of Interest. No officer or employee of City shall have any personal interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given and will not pay or give any third party any money or general consideration for obtaining this Agreement. 8.3 Covenant against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national Last revised 6-30-09 -.t 5 - ....._; 244 origin or ancestry in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 9.0 MISCELLANEOUS PROVISIONS 9.1 Notice. Any notice, demand, request, consent, approval, communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section. To City: To Consultant: CITY OF LA QUINTA Attention: Thomas P. Genovese City Manager 78-495 Calle Tampico P.O. Box 1504 La Quinta, California 92247-1504 9.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and all previous understanding, negotiations and agreements are integrated into and superseded by this Agreement. 9.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. 9.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 9.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. Last revised 6-30-09 - 16 - 245 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA a California municipal corporation Thomas P. Genovese, City Manager ATTEST: Veronica J. Montecino, CMC, City Clerk APPROVED AS TO FORM: M. Katherine Jenson, City Attorney CONSULTANT: By: Name:- Title: - Date: Date Last revised 6-30-09 - t 7- .. n 246 Exhibit A Scope of Services ... ^ 241 Last revised 6-30-09 18 Exhibit B Schedule of Compensation Payment shall be on a "Fixed Fee" basis in accordance with the Consultants Schedule of Compensation attached herewith for the work tasks performed in conformance with Section 2.2 of the Agreement. Total compensation for all work under this contract shall not exceed ($ ) except as specified in Section 1.6 - Additional Services of the Agreement. 9 248 Last revised 6-30-09 "' Exhibit C Schedule of Performance Consultants Project Schedule is attached and made a part of this agreement. Consultant shall complete services presented within the scope of work contained within Exhibit "A" in accordance with the attached project schedule. Last revised 6-30-09 20 '•• •" 249 Exhibit D Special Requirements Last revised 6-30-09 21 ' 250 COUNCIL/RDA MEETING DATE: July 7, 2009 ITEM TITLE: Approval of Plans, Specifications, and Engineer's Estimate and Authorization to Advertise for Bids for New Fire Station 32, Project No. 2008-03 and Phase I of the Corporate Yard, Project No. 2007-08 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _ CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve the Plans, Specifications, and Engineer's Estimate (PS&E) of probable construction costs and authorize staff to advertise for bids for New Fire Station 32, Project No. 2008-03 and Phase I of the Corporate Yard, Project No. 2007-08. FISCAL IMPLICATIONS: Based upon the Engineer's estimate of probable construction costs, the following represents the anticipated combined project budget for the Fire Station and Phase I of the Corporate Yard: Design $711,008 Construction $5,305,500 Professional $87,923 Technical $216,286 Administration $152,525 Contingency $328,289 TOTAL: $6,801,531 As of May 31, 2009, $398,390 has been expended leaving a balance of $6,502,941. The project will be funded through the Fire Trust Fund, the Fire Development Impact Fee (DIF), and the Maintenance Facility DIF. Since the Fire DIF and the Maintenance Facility DIF are not completely funded, it will be necessary for the General Fund and the Fire Trust Fund to make advances to those funds in order to complete the construction now. The advances will be brought before the Council for approval at the time of the award of contract(s) for the project. 251 CHARTER CITY IMPLICATIONS: None. Due to the funding sources the City Attorney has determined the project is subject to Prevailing Wage rates. BACKGROUND AND OVERVIEW: Phase I of the Corporate Yard and the new Fire Station 32 are included in the 2007-2008 and 2008-2009 Capital Improvement Programs respectively. The plans are substantially complete and are available in the Building and Safety Department for review. The following represents the projected timeline for the project: Approve PS&E and authorize to receive bids July 7, 2009 Bid Opening September 1, 2009 Award Construction Contract(s) September 15, 2009 Construction Period October 2009- July 2010 Accept Improvements August 2010 The two projects have been designed and will be built as one project. Rather than soliciting one bid from general contractors for the entire scope of work, the City has broken the project into thirteen (13) prime contracts as follows: General Building Site Utilities Site Work Electrical Heating and Air Conditioning Plumbing Casework Fire Sprinkler Landscape Drywall, Lathe and Plaster, Painting Flooring Compressed Natural Gas Solar Electric The City has already awarded a contract to GKK Works to act as construction manager and coordinate the work of the prime contractors. This method of delivering the project should cost less than the conventional method of soliciting one lump sum bid from general contractors. More importantly, by breaking up the job into smaller components, local firms will have a good chance of getting a portion of the work. The specifications also include a local preference clause which will give local contractors a 2% bidding advantage over contractors from outside the boundaries of Coachella Valley Association of Governments. 252 FINDINGS AND ALTERNATIVES: Alternatives available to the City Council include: Approve the Plans, Specifications, and Engineer's Estimate (PS&E) of probable construction costs and authorize staff to advertise for bids for New Fire Station 32, Project # 2008-03 and Phase I of the Corporate Yard, Project # 2007-08; or 2. Do not approve the Plans, Specifications, and Engineer's Estimate (PS&E) and do not authorize staff to advertise for bids for the aforementioned project; or 3. Provide staff with alternative direction. Respectfully submitted, -7 4 Tom Hartung, Director of Efuilding and Safety Approved for submission b Thomas P. Genovese, City Manager 253 COUNCIL/RDA MEETING DATE: July 7, 2009 AGENDA CATEGORY: ITEM TITLE: Acceptance of On -Site Improvements BUSINESS SESSION: Associated with Tract Map No. 29004, PGA West, KSL CONSENT CALENDAR: Land Corporation STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: Accept on -site improvements associated with Tract Map No. 29004, PGA West, KSL Land Corporation and authorize staff to release performance securities. Direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements. FISCAL IMPLICATIONS: None. No public improvements will be accepted with this action. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 29004, PGA West, KSL Land Corporation, is located within the PGA West development south of Avenue 54 and west of Madison Street (Attachment 1). All obligations of the Subdivision Improvement Agreement and the Conditions of Approval have been satisfied. Attachment 2 indicates the amount of warranty securities. �. ' 254 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept the on -site improvements associated with Tract Map No. 29004, PGA West, KSL Land Corporation and authorize staff to release performance securities. Direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements; or 2. Do not accept the on -site improvements associated with Tract Map No. 29004, PGA West, KSL Land Corporation and do not authorize staff to release performance securities. Do not direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements; or 3. Provide staff with alternative direction. Respectfully submitted, T' othy ona ublic W cs Di ctor/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Warranty Security Exhibit .. " 255 TM 29004 PGA WEST C_ m -n M 0 z ATTACHMENT 1 53rd AVENUE 54th AVENUE CINITY 1010111A•&TOTrAm Ln MAP CITY COUNCIL MEETING: July 7, 2009 ITEM TITLE: Acceptance of On -Site Improvements Associated with Tract Map No. 29004, PGA West APPLICANT: Mr. Jim Garvis, KSL Development Corporation 'so, - - 256 ATTACHMENT 2 WARRANTY SECURITY TM 29004 Development Name: PGA West ON -SITE IMPROVEMENTS Performance Security' Improvement Description Labor& MaterialsZ Original Amount Proposed Reduction WARRANTY AMOUNT Grading $9 875 $9 875 90% $988 On-Sde Street Improvements $51 041 $51 041 90% $5 104 Domestic Water $28 490 $28 490 90% $2 849 Sanitary Sewer $15 378 $15 378 90% $1 538 Undergmund Electrical $27,500 $27,500 90% $2,750 Monumentation $0 $2,160 100% $0 Totals $132,284 $134,444 -- $13,228 Performance Security shall be released immediately upon City Council acceptance. 2 Labor & Materials Security to remain in place for 90 days after City Council acceptance of improvements. 3 WARRANTY SECURITY (10% of Original Performance Security) shall be received by the City prior to being placed on the agenda for City Council. 257 COUNCHJRDA MEETING DATE: July 7, 2009 rrEM TITLE: Acceptance of On -Site Improvements Associated with Tract Map No. 28776, PGA West, KSL Land Corporation RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: 13 STUDY SESSION: PUBLIC HEARING: Accept on -site improvements associated with Tract Map No. 28776, PGA West, KSL Land Corporation and authorize staff to release performance securities. Direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements. FISCAL IMPLICATIONS: None. No public improvements will be accepted with this action. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: Tract Map No. 28776, PGA West, KSL Land Corporation, is located within the PGA West development south of Avenue 54 and west of Madison Street (Attachment 1). All obligations of the Subdivision Improvement Agreement and the Conditions of Approval have been satisfied. Attachment 2 indicates the amount of warranty securities. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Accept the on -site improvements associated with Tract Map No. 28776, PGA West, KSL Land Corporation and authorize staff to release performance securities. Direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements; or 2. Do not accept the on -site improvements associated with Tract Map No. 28776, PGA West, KSL Land Corporation and do not authorize staff to release performance securities. Do not direct staff to release labor and materials securities ninety (90) days after City Council acceptance of the improvements; or 3. Provide staff with alternative direction. Respectfully submitted, mothy R. J nas P.E. Public Works Dir r/City Engineer Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Vicinity Map 2. Warranty Security Exhibit 259 ATTACHMENT 1 TM 28776 PGA WEST 54th AVENUE STADIUM GATE -, ?'LiE DYE- PEBM BE" l� AIRPORT OAKMONT MG TRACT NO. 287767MG ,p SPRING • HOUSE VICINITY MAP NOT TO SCALE CITY COUNCIL MEETING: July 7, 2009 ITEM TITLE: Acceptance of On -Site Improvements Associated with Tract Map No. 28776, PGA West APPLICANT: Mr. Jim Garvis, KSL Development Corporation 260 ATTACHMENT 2 WARRANTY SECURITY TM 28776 Development Name: PGA West ON -SITE IMPROVEMENTS Performance Security' Improvement Descrition Labor & Materials' Reduced Amount° Proposed Reduction WARRANTY AMOUNT Grading $50 775 $40 900 90% $4 090 On -Site Street Improvements $119 980 $68 939 90% $6 894 Domestic Water $197 750 $169 260 90% $16,926 San ftary Sewer $88,875 $73 497 90% $7 350 Underground Electrical $107,500 $80,000 90% $8,000 Monumentation $0 $6,600 100% 1 $0 Totals 1 $564,880 $439,196 -- 1 $43,260 rertormance security shall be released immediately upon City Council acceptance. ' Labor & Materials Security to remain in place for 90 days after City Council acceptance of improvements. 3 WARRANTY SECURITY (10% of Original Performance Security) shall be received by the City prior to being placed on the agenda for City Council. ° On March 16, 1999, the City Council authorized the reduction in Performance Security since some of the same improvements were securitized by Tract Map No. 29004. 261 COUNCIL/RDA MEETING DATE: July 7, 2009 ITEM TITLE: Approval to Award a Contract to Valley Slurry Seal to Construct the Fiscal Year 2008-2009 Slurry Seal and Restriping Program, Project Number 2008-1 1 RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a contract, in the amount of $1,009,462, to Valley Slurry Seal to construct the Fiscal Year 2008-2009 Slurry Seal and Restriping Program, Project Number 2008- 11. FISCAL IMPLICATIONS: The project is included within the Public Works Department Operational Budget for Fiscal Year 2008-2009. Funds in the amount of $1,781,107 (Account Number 101- 7003-431 .34-04) are available for this work. Valley Slurry Seal submitted the lowest responsive bid, in the amount of $1,009,462 for this work. Adequate funding is available to support staff's recommendation. CHARTER CITY IMPLICATIONS: The project is funded with 100% locally generated revenue. As such, the project was advertised for bid as a non -prevailing wage improvement. BACKGROUND AND OVERVIEW: In 2003, the City Council directed staff to implement an annual pavement Preservation and Maintenance Program (PMP) maintaining an average Pavement Condition Index (PC[) rating of 80 or better. 262 The PMP is a citywide survey that provides a current inventory of the City's streets, along with an analysis of the existing condition and preservation recommendations. The PMP was last updated in November 2007. This year's project will slurry seal just under 4 million square feet of street surface and restripe the streets after the slurry seal is applied. On March 17, 2009, the City Council approved the project specifications and bid documents and authorized staff to advertise the Fiscal year 2008-2009 Slurry Seal and Restriping Program, Project Number 2008-11 . On April 22, 2009, six (6) sealed bids were received for the construction of this project. The project was originally bid with a Base Bid Area and two Additive Alternates. The basis of award was written in a manner that intended that the responsive bidder would provide the lowest combined price of the Base Bid Area and either Additive Alternate Number 1 or Additive Alternate Number 2. This method proved to be confusing to the contractor's bidding the project. As such, each of the six bids received contained bid irregularities. Therefore staff recommended the project be re -advertised without additive alternates. On May 19 2009, the City Council rejected the bids received on April 22, 2009 to construct the Fiscal Year 2008-2009 Slurry Seal and Restriping Program, Project Number 2008-1 1 and authorized staff to re -advertise the project for bid. On June 22, 2009, six (6) new bids were received for the construction of this project. Valley Slurry Seal submitted the lowest responsive bid in the amount of $1,009,462. A detailed bid comparison summary is provided as Attachment 1. Contingent upon City Council authorization to award a construction contact on July 7, 2009, the following is the proposed project schedule: City Council Awards Construction Contract July 7, 2009 Construction (30 days) July - August 2009 Accept Improvements September 2009 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a contract, in the amount of $1,009,462, to Valley Slurry Seal to construct the Fiscal Year 2008/2009 Slurry Seal and Restriping Program, Project Number 2008-1 1; or 263 2. Do not approve a contract, in the amount of $1,009,462, Valley Slurry Seal to construct the Fiscal Year 2008/2009 Slurry Seal and Restriping Program, Project Number 2008-11; or 3. Provide staff with alternative direction. Respectfully submitted, 6mothy ona n, P.E. Public Works Dir for/City Engineer Approved for submission by: rD�� Thomas P. Genovese, City Manager Attachment: 1. Bid Comparison Summary 264 ATTACHMENT 6 _ � E m $r 9rv' �S8o88 $ 3rEE n m 6 �s C p� .ASnrv-- --- qq 14 t Qp qY p4 pp pp Qq oft09 a W3 S Y ol M - To o _ I a a _ tWi 8 2 2 8=Y 288 1 � - S LLJ < �S .LLp! �S �J vpLLi g q S.8 pJ S8m p EE pLLJ qJ EYE-E 8 � �—"_ d g a w 5 E 1 3 "' � d } n M Z U .5 lI All! 3 2 gg "y9�iis� � 5 $ to p8 y8 `o�BgqL qk=ppYk3 9 EE E i 5 ry € Ci< O I S 8� 265 a F`y of TKF'� COUNCILIRDA MEETING DATE: July 7, 2009 AGENDA CATEGORY: ITEM TITLE: Adoption of a Resolution Making Certain BUSINESS SESSION: Findings. Pursuant to Health and Safety Code Section CONSENT CALENDAR: 33445(a) and Authorizing the Expenditure of Funds Toward the Median Island Improvements on Calle STUDY SESSION: Tampico and on Washington Street, Approval of the PUBLIC HEARING: Plans Specifications and Engineer's Estimate, and Authorization to Advertise for Bid, the Miscellaneous Street Improvements, Project 2008-17 RECOMMENDATION: /1� Adopt a Resolution making certain findings pursuant to Health and Safety Code Section 33445(a) and authorizing the expenditure of funds toward the median island improvements on Calle Tampico and on Washington Street; approve the plans, specifications, and engineer's estimate (PS&E), and authorize staff to advertise the Miscellaneous Street Improvements, Project 2008-17 for bid. FISCAL IMPLICATIONS: The following is the project's available funding and funding source: Redevelopment Agency (RDA) Project Area Number 1 $379,669 Total Available Funding: $379,669 Based on the engineer's estimate, in the amount of $89,898, the following is the estimated project budget to complete the project: Inspection/Testing/Survey: $8,800 Construction: $89,898 Contingency: $9,866 Total: $108,564 266 As illustrated, adequate funding is available to construct the proposed improvements. CHARTER CITY IMPLICATIONS: The project is 100% funded with RDA Project Area Number 1 funds. As such, the project will be bid as a prevailing wage improvement. BACKGROUND AND OVERVIEW: The Miscellaneous Street Improvements, Project 2008-17, consist of three minor improvements. The first improvement is the final component of the Phase 1 (Part 1) Golf Cart Routes, the second improvement will modify the median island on Calle Tampico, from Washington Street to the entrance of the City's north parking lot to allow for additional left turn stacking capacity onto Washington Street, the final improvement will modify the median on Washington Street, immediately adjacent to the City's south parking lot, to allow driver's to make a safe u-turn. Staff proposes that all three of the minor improvements be constructed with the remaining funds programmed and adopted as part of the Phase I (Part 1) Golf Cart Routes. The Phase I (Part 1) Golf Cart Routes has realized economies of scale savings on all of its components. The project was originally approved to receive $456,000 within the Fiscal Year 2007-2008 through Fiscal Year 2011-2012 Capital Improvement Plan (CIP). As of the writing of this report, all of the Phase I (Part 1) Golf Cart Route components except the golf cart access work at Avenida Nuestra and Washington Street have been completed. The remaining fund balance within the project account is $379,669 and is more than adequate to complete the Phase 1 (Part 1) Golf Cart Routes and provide the funding necessary to construct the other two minor improvements. The following segments make up the Phase I (Part 1) Golf Cart Routes: • Park Ave (Ave 50 to Tampico); • Calle Tampico (Park Ave to Eisenhower); • Calle Rondo/Avenida Nuestra —The component will be constructed as part of the Miscellaneous Street Improvements addressed in this report; • Eisenhower (Fernando to Tampico); and • Avenue 52 (Bermudas to SilverRock Entrance) Considering the modification to the median islands on Calle Tampico, and on Washington Street were not included for funding as part of the original approval of the Phase I (Part 1) Golf Cart Improvements, the City Council and the RDA are required to adopt a resolution making certain findings pursuant to Health and 267 Safety Code Section 33445(a). The appropriate Resolution is included for the City Council's consideration as part of this staff report. Contingent upon City Council authorization to advertise the project for bid on July 7, 2009, the following is the anticipated project schedule: City Council Approves PS&E Project is Advertised City Council Awards Contract Sign Contracts and Mobilize Construction (45 working days) Project Close -.out July 7, 2009 July 8 — 28, 2009 August 4, 2009 August 5 - 30, 2009 September — October 2009 November 2009 FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include 1. Adopt a Resolution making certain findings pursuant to Health and Safety Code Section 33445(a) and authorizing the expenditure of funds toward the median island improvements on Calle Tampico and on Washington Street; approve the plans, specifications, and engineer's estimate (PS&E), and authorize staff to advertise the Miscellaneous Street Improvements, Project 2008-17 for bid; or 2. Do not adopt a Resolution making certain findings pursuant to Health and Safety Code Section 33445(a) and authorizing the expenditure of funds toward the median island improvements on Calle Tampico and on Washington Street; do not approve the plans, specifications, and engineer's estimate (PS&E), and do not authorize staff to advertise the Miscellaneous Street Improvements, Project 2008-17 for bid; or 3. Provide staff with alternative direction. Respectfully submitted, mothARo ass n P.E. Public Works Direc r/City Engineer N 268 Approved for submission by: Thomas P. Genovese, City Manager 269 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445(a) AND AUTHORIZING THE EXPENDITURE OF FUNDS TOWARD THE MEDIAN ISLAND IMPROVEMENTS ON CALLE TAMPICO AND ON WASHINGTON STREET WHEREAS, the median island improvements on Calle Tampico and on Washington Street are located in La Quinta Redevelopment Project Area No. 1 (the "Project Area"); and WHEREAS, Calle Tampico and Washington Street are documented as a condition of blight within the Project Area; and WHEREAS, the construction of the median island improvements on Calle Tampico and on Washington Street would afford the City's Redevelopment Agency the opportunity to address the aforementioned condition of blight; and WHEREAS, there is inadequate funding within the City's General Fund or from other sources to construct the proposed median island improvements on Calle Tampico and on Washington Street; and WHEREAS, it would be in the best interest of the public to construct the median island improvements on Calle Tampico and on Washington Street. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of La Quinta, California, as follows: SECTION 1. The above recitals are true and correct and are adopted as the findings of the City Council. SECTION 2. The City Council hereby consents to Agency funding to be utilized for the median island improvements on Calle Tampico and on Washington Street. SECTION 3. Pursuant to Health and Safety Code Section 33445(a), the City Council finds and determines that: A. The construction of the median island improvements on Calle Tampico and on Washington Street are of benefit to the Project Area and to the immediate 270 Resolution 2009- City Council Medians Tampico/Washington Adopted: July 7, 2009 Page 2 of 3 neighborhood in which the median island improvements on Calle Tampico and on Washington Street are located. B. No other reasonable means of financing the improvements are available to the community. C. The median island improvements on Calle Tampico and on Washington Street will assist in the elimination of one or more blighting conditions inside the Project Area, and is consistent with the Redevelopment Agency's implementation plan adopted pursuant to Section 33490. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 7th day of July 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CIVIC, City Clerk City of La Quinta, California 271 Resolution 2009- City Council Medians Tampico/Washington Adopted: July 7, 2009 Page 3 of 3 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California �... 272 COUNCIL/RDA MEETING DATE: July 7, 2009 ITEM TITLE: Adoption of a Resolution Approving the City's Participation in the County of Riverside Mortgage Credit Certificate Program RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: A STUDY SESSION: PUBLIC HEARING: Adopt a Resolution approving the City's participation in the County of Riverside Mortgage Credit Certificate Program. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: The County of Riverside Economic Development Agency (EDA) administers the Mortgage Credit Certification (MCC) Program, which provides qualified first time homebuyers with federal income tax credits in an amount equal to 15% of the home mortgage interest paid during the year. Since the tax credit amount directly reduces a homebuyer's federal income tax obligation dollar for dollar, lenders may increase the amount of a home mortgage loan to reflect the increased net income available for payment of principal and interest on the home loan. This may serve to either: a) increase the amount of the home loan (and purchase price); or b) reduce the homebuyer's loan qualifying ratios to enhance their credit worthiness. A detailed description of the MCC Program is provided as Attachment 1 . 213 The County's MCC Program guidelines require eligible jurisdictions to determine for each fiscal year period whether or not they would like to participate in the program. Currently, La Quinta and Coachella are the only jurisdictions located within the eligible census tracts in the County which do not participate in the MCC program. Participation in the program would provide another tool, at no cost to the City, to assist in expanding homeownership opportunities for La Quinta residents. The City of La Quinta may opt to participate in the MCC Program for Fiscal Year 2009-2010 by adopting a Resolution of the City Council, and submitting it to the County EDA. The County's application deadline to participate during Fiscal Year 2009-2010 is mid -July, 2009. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Adopt a Resolution approving the City's participation in the County of Riverside Mortgage Credit Certificate Program; or 2. Do not adopt a Resolution approving the City's participation in the County of Riverside Mortgage Credit Certificate Program; or 3. Provide staff with alternative direction. Respectfully submitted, AR. Dou"se�� Assistant City Manager — Development Services Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Detailed description of County of Riverside's Mortgage Credit Certificate Program 274 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE CITY'S PARTICIPATION IN THE COUNTY OF RIVERSIDE MORTGAGE CREDIT CERTIFICATE (MCC) PROGRAM WHEREAS, the Tax Reform Act of 1986 established the Mortgage Credit Certificate Program ("MCC Program") as means of assisting qualified individuals with the acquisition of new and existing single family housing; and WHEREAS, pursuant to Division 31, Part 1, Chapter 3.5, Article 3.4 of the California Health and Safety Code Sections 50197 et seq, local issuers are authorized to issue Mortgage Credit Certificates ("Certificates") and administer the MCC Program; and WHEREAS, the Board of Supervisors of the County of Riverside adopted Resolution No. 87-564 on December 22, 1987 establishing a Mortgage Credit Certification Program; and WHEREAS, the Board of Supervisors of the County of Riverside has authorized the Riverside County Economic Development Agency ("EDA") to administer the MCC Program pursuant to the applicable federal, state and local policies and procedures, and to enter into those agreements necessary for efficient administration of the MCC Program; and WHEREAS, the County of Riverside ("County") will be applying to the California Debt Limit Allocation Committee ("CDLAC") for a mortgage credit certificate allocation in July 28, 2008 or thereabouts; and WHEREAS, the City of La Quinta ("City") wishes to participate in the MCC Program administered by the EDA in connection with mortgage loans it will make available for the acquisition of new and existing single-family housing located in the City of La Quinta in Riverside County; and WHEREAS, the adoption of the Resolution is necessary to include the City of La Quinta as a participating unit of general government under the County's MCC program; and WHEREAS, the City agrees to cooperate with the County of Riverside to undertake the MCC program within City jurisdiction to assist persons or households of limited income to purchase new and existing single-family residences located in the City. 275 Resolution No. 2009- Mortgage Certificate Program Adopted: July 7, 2009 Page 2 of 3 NOW, THEREOFRE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The City by adopting this Resolution hereby gives notice of its election to participate in the Riverside County MCC Program. Section 2. The City of La Quinta agrees: a. To participate in the MCC Program administered by the EDA in connection with mortgage loans it will make available for the acquisition of new and existing single-family housing in the City of La Quinta in Riverside County; and b. To assist the County of Riverside to market the MCC Program within the city's jurisdictional boundary by publishing a general public notice in the local newspaper at lease twice a year. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 7tn day of July, 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: DON ADOLPH, Mayor City of La Quinta, California ATTEST: VERONICA J. MONTECINO, CMC, City Clerk City of La Quinta, California (SEAL) 276 Resolution No.2009- Mortgage Certificate Program Adopted: July 7, 2009 Page 3 of 3 APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California 277 ATTACHMENT MCC Program Overview Information Overview A Mortgage Credit Certificate (MCC) entitles qualified home buyers to reduce the amount of their federal income tax liability, on a dollar for dollar basis, for an amount equal to the first 15% portion of the mortgage interest paid during the year on a home loan. The advantages to the home buyer include: The home buyer's federal income taxes are directly reduced by the amount of the tax credit; Home buyers can qualify more easily for a mortgage loan due to their increased effective net income resulting from the tax credits; Lenders may factor the increase net income into consideration, which may allow the borrower to (i) qualify for a larger loan amount, or (ii) improve the borrower's loan qualifying ratios. If the amount of the MCC exceeds the homebuyer's tax liability, the unused portion of the credit can be carried forward to the next three years or until used, whichever comes first. Homebuyer Eligibility Criteria There are three basic criteria for determining a home buyer's eligibility for the MCC tax credits: 1. The borrower must be a first time Home Buyer defined as a person who has not had an ownership interest in his or her principal residence for the previous three (3) years. 2. The borrower's annual income must fall within the program income limits as follows: • Max Income Outside Target Area' • Household w/ 1-2 persons: $70,400 • Household w/ 3+ persons: $80,960 Max Income Inside Target Area • Household w/ 1-2 persons: $84,480 • Household w/ 3+ persons: $98,560 ' Target Areas are census tracts designated by the Federal government to encourage investment. 278 3. The home being purchased must fall within the program purchase price limits as follows: Max Home Purchase Price Outside Target Area: $339,146 Inside Target Area: $414,512 If the home is located in a Target Area, then the first-time buyer limitation does not apply and the income and cost limits are higher. In addition, the residence purchased in conjunction with a MCC must be the borrower's principal residence and may not be used as a business, rental or vacation home. The home may be a new or re -sale, detached or attached single- family home, condominium unit, a co-op unit, or a manufactured home on a permanent foundation. The home must be located within a qualified Target Area (census tract areas identified by the Federal government). The City of La Quinta is located within a qualified census tract area. Mortgage Credit Certificate Application Process The jurisdiction in which the home is located must be a participant in the County MCC program administered by the EDA. The application process is as follows: 1. Borrowers must apply for a MCC through a Participating Lender. 2. The Participating Lender will perform an initial qualification and assist the borrower in completing the MCC submission forms. 3. The Lender then submits the MCC application to the County. 4. The County reviews Borrowers qualifications and, if they meet the program guidelines, issues a letter of commitment to the Lender. 5. The Commitment Letter must be issued prior to the close of the loan. 6. The loan must close within 60 days of the commitment. 7. Upon loan closing, the Lender submits the MCC Closing Package to the County and the County issues the MCC, with the Lender and borrower each receiving a copy. 8. The borrower may then claim the tax credit on their Federal Income Tax Returns. 9. Borrowers can receive the money annually as a tax refund or adjust their W-4 withholding form to receive the benefit via an increased pay check. 279 The following table illustrates how a MCC may increase a borrower's "effective home buying power": Effective Home Buying Power With and Without an MCC Without With MCC MCC First Mortgage Amount $300,000 $300,000 Mortgage Interest Rate 7% 7% Monthly Mortgage (Principal & Interest $1,996 $1,996 Only) MCC Rate N/A 15% Monthly Credit Amount N/A $262.25 "Effective" Monthly $1,996 $1,733.75 Mortgage Payment Annual Income Needed$85,542 $74,304 Annual Income Needed is based on monthly Principal and Interest (P&I) not exceeding 28% of monthly income. 280 Tjt�p 4 4 QUM&V COUNCIL/RDA MEETING DATE: July 7. 2009 ITEM TITLE: Authorization of Overnight Travel for Two Members of the City Council to Attend the League of California Cities 2009 Local Government Summit on Governance and Fiscal Reform to be Held July 17-18, 2009 in Sacramento, California RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: _�] CONSENT CALENDAR: J/ STUDY SESSION: PUBLIC HEARING: Approve authorization for overnight travel for two members of the City Council to attend the League of California Cities 2009 Local Government Summit on Governance and Fiscal Reform to be held July 17-18, 2009 in Sacramento, California. FISCAL IMPLICATIONS: Funds for this conference attendance will be included in the Fiscal Year 2009-2010 Legislative Program's Travel, Training and Meetings Account (#101-1001-41 1.51-01). Expenditures for this conference are estimated as follows: Registration $ 80 Travel (flight and ground transportation) $ 275 Lodging (1 night) . $ 125 Meals (2 days x $75) $ 150 TOTAL $ 630 TOTAL (for 2) $1,260 CHARTER CITY IMPLICATIONS: None. M 281 BACKGROUND AND OVERVIEW: The Leagub of California Cities will be holding its 2009 Local Government Summit on Governance and Fiscal Reform July 17-18, 2009 in Sacramento, California. The purpose of the summit is to consider and craft reforms that will restore a greater degree of local control over services, taxation and spending decisions. Mayor Pro Tern Henderson and Council Member Evans have expressed an interest in attending the summit. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve authorization for overnight travel for two members of the City Council to attend the League of California Cities 2009 Local Government Summit on Governance and Fiscal Reform to be held July 17-18, 2009 in Sacramento, California; or 2. Do not approve the request for overnight travel; or 3. Provide staff with alternative direction. Respectfully submitted, U)IL - Awl Wanda P. Wise -Latta, Executive Assistant Approved for submission by: Thomas P. Genovese, City Manager Attachment: 1 . Announcement — League of California Cities 2009 Local Government Summit on Governance and Fiscal Reform 282 ATTACHMENT 1 L E AG U E 1400 K Street, Suite 400 • Sacramento, California 95814 k OF CALIFC�k,NIA Phone: 916.658.8200 Fax: 916.658.8240 q h m �-}-� I C T j E S www.cacities.org j You Are Invited to the Local Government Summit on Governance and Fiscal Reform July 17-18, Sacramento sponsored by the Cities Counties Schools Partnership A collaboration of the League of California Cities, the California State Association of Counties and the California School Boards Association Join with hundreds of city, county and school leaders to consider and help craft reforms that will restore a greater degree of local control over services, taxation and spending decisions and end the decades of the state's failure to adopt balanced budgets and meet the pressing needs of our state. ✓ Hear from Experts ✓ Review Draft Local Government Principles of Reform ✓ Consider Whether We Need a Constitutional Convention to Do the job ✓ Work with Peers to Create a Plan for Reform Local Governments Need! It's Time to Restore Local Control! Additional Details Who: Elected and senior appointed city/county officials and school board members When: Friday, July 17: 1 - 2 p.m. - Registration 2 - 4:30 p.m. - Program 5 - 6:30 p.m. — Reception then dinner on your own Saturday, July 18: 8 am - 3 p.m. — Program, including breakfast/lunch Where: Hyatt Regency, Hyatt Regency Sacramento, 1209 L Street, Sacramento Cost: $80 for elected and senior appointed city and county officials and school board members; $120 for all others How City Officials and Others' Can REGISTER: • Summit Registration: online at www.cacities.org/events • Hotel Reservation: Contact the Hyatt Regency directly at (800) 233-1234 and ask for the special Local Government Summit room block, $99 (reduced from $124) plus taxes for the night of Friday, July 17 o Cut -Off Date for Hotel Rooms: July 7, 2009 County officials should register through CSAC and school board members through CSBA. 283 T-2*y 44Qu&rw COUNCHJRDAMEETING DATE: July 7, 2009 ITEM TITLE: Consideration of Formation and Appointment of Two Members to an Ad -Hoc Committee to Review the Vt Quarter Grant Requests RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: None. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: As part of the 2009/2010 Fiscal Year Budget, the City Council allocated $100,000 to fund Community Services Grants. Staff is requesting the formation of an Ad - Hoc Committee comprised of two City Council members. This Ad -Hoc Committee will review and recommend the 1" Quarter (July 2009 — September 2009) grants to City Council on August 4, 2009. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1 2. Establish an Ad -Hoc Committee to Consider Vt Quarter Grant Requests and to appoint two City Council members to serve; or Do not establish an Ad -Hoc Committee to Consider 1s` Quarter Grant Requests and to appoint two City Council members to serve; or 3. Provide staff with alternative direction. 284 Respectfully submitted, Edie Hylton Community Servfces Director Approved for submission by: Thomas P. Genovese, City Manager W Tw�t 4 4 Qum& COUNCIL/RDA MEETING DATE: July 7, 2009 ITEM TITLE: Consideration of an Art Purchase Agreement with Julie Ann Designs for the Design and Painting of Signal Boxes at Various City Locations RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve an Art Purchase Agreement (Attachment 1) with Julie Ann Designs to design and paint six signal and electrical boxes at various locations in the City and authorize the City Manager to execute the agreement. FISCAL IMPLICATIONS: The cost for design and painting of six signal and electrical boxes is $9,600. Funds are available in the Art in Public Places Fund Account No. 270-0000-451.74-80. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: On March 9, 2009, the Community Services Commission recommended to City Council that a Request for Proposals (RFP) be sent out for the design and painting of signal boxes at various locations throughout the City. On April 7, 2009, the City Council authorized staff to distribute an RFP to design and paint signal and electrical boxes at six locations (Attachment 2). The signal boxes are 60" by 71" and the electrical boxes are 26'x 48". Both boxes are to be painted at the six locations. The boxes will be primed and painted using a heat resistant exterior paint and sealed with an epoxy sealer to protect from weather damage and chipping. 286 The locations include: Washington Street and Avenue 48 • Washington Street and Highway 111 • Washington Street and the Village Shopping Center • Washington Street and Avenue 50 • Washington Street and Avenue 52 • Eisenhower Street and Calle Tampico On May 15, 2009, proposals were submitted from the following artists: Nancy and Larry Cush Susan Smith Evans Julie Kirk All the artists were invited to attend the Community Services Commission to describe their designs. On June 8, 2009, the Commission interviewed the three artists and selected Julie Kirk's proposal (Attachment 3) for City Council consideration. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve an Art Purchase Agreement with Julie Ann Designs to design and paint six signal and electrical boxes at various locations in the City and authorize the City Manager to execute the agreement; or 2. Do not Approve an Art Purchase Agreement with Julie Ann Designs to design and paint six signal and electrical boxes at various locations in the City and do not authorize the City Manager to execute the agreement; or 3. Provide staff with alternative direction. Respec fully submitted, Edie Hylton Community Services Director 287 2 Approved for submission by: el Thomas P. Genovese, City Manager Attachments: 1. Art Purchase Agreement 2. RFP for design and painting signal boxes at various City locations 3. Proposal from Julie Kirk :: 3 ATTACHMENT 1 ART PURCHASE AGREEMENT THIS ART PURCHASE AGREEMENT (the "Agreement") is entered into this day of 2009, by and among THE CITY OF LA QUINTA, a California municipal corporation (the "City") and JULIE ANN DESIGNS (the "Artist"). RECITALS The City Council is commissioning the creation and installation of certain ARTWORK (the "Artwork") to be installed and displayed by the Artist at the site locations as described in Exhibit A. NOW, THEREFORE, the parties hereto, for the consideration and under the conditions hereinafter set forth, hereby mutually agree as follows: ARTICLE I. SCOPE OF SERVICES AND PAYMENT 1.1 Scope of Design Services. Artist shall prepare or cause to be prepared, required details and samples, and shall do all other things necessary and incidental to the performance of the Artist's obligations pursuant to this Agreement. 1.2 Scope of Fabrication Services. Artist shall fabricate and install the Artwork pursuant to and by the time set forth in the Scope of Design Build Services and the Schedule of Performance attached hereto as Exhibit A and Exhibit B, respectively, and incorporated herein by this reference. The City shall have the right to review the Artwork at reasonable times during the fabrication thereof. Artist shall submit to the City progress narratives, including photographs, as required by the Schedule of Performance (Exhibit B). The narratives shall include the percentage of the Artwork completed to date, along with an estimated completion date. Artist shall furnish all tools, equipment, apparatus, labor, services, materials, and transportation, to perform all work necessary to install in a good and workmanlike manner the scope of work set forth in the Scope of Design Build Services (Exhibit A), or reasonably inferable therein, together with the appurtenances thereto, at the site locations. It is understood and agreed that all said labor, services, materials, equipment, and facilities shall be furnished and said work performed and completed by Artist as an independent contractor, subject to the inspection and approval of the City. The Artist shall present to the City in writing for further review and advance approval any and all significant changes in the scope, design, color, size, material or texture, of the Artwork not permitted by or not in substantial conformity with the approved working drawings and the Scope of Design Build Services (Exhibit A). A significant change is any change in the scope, design, color, size, material, texture, or site location which affects installation, scheduling, site preparation, or maintenance for the Artwork or the schematic concept of the Artwork as represented in the schematic drawings, the approved working drawings, and the Scope of Design Build Services (Exhibit A). Artist shall at all times maintain a safe work area and provide safe access for inspection of the Artwork by the City, its representatives, and to the sites wherein the Artwork is located prior to installation. Where specifications require work to be specially tested or approved, it shall 289 ... Page 1 of 16 4 not be tested without timely notice to the City, of its readiness for inspection and without the approval thereof, or consent thereto by the City. The Artist shall promptly notify the City when the artist's work is ready for inspection. The artist agrees to do all work required to comply with the inspections, and any such requests for corrections from the City makes as a result of the inspections, without additional charge to the City. The Artist shall perform all work necessary to obtain approvals from the authorities mentioned above without additional cost to the City. 1.3 Change Orders. Artist shall adhere strictly to the Scope of Design Build Services (Exhibit A), unless a change there from is authorized in writing. In such case, the terms of said change shall be understood and agreed upon in writing by the City Manager and Artist before commencement of said revised work. 1.4 Post -Completion. a. The Artist shall be available at such reasonable time or times as may be agreed between the City and Artist to attend any and all inauguration, ground breaking, or presentation ceremonies upon completion of the Artwork. b. The City shall have the right to arrange for publicity for the completed artwork by local media and publications and otherwise as may be determined between the City following completion. C. Upon completion of the Artwork, the Artist shall provide the City with written instructions for appropriate maintenance and preservation of the Artwork. 1.5 Final Acceptance. a. The Artist shall advise the City in writing when it believes that the Artwork and its installation are complete. Following receipt of such notice the City shall cause the installed Artwork to be inspected, and, within five (5) working days following completion of such inspection(s), the City shall either provide the artist with reasonably specific written objections, and a list of needed corrections to the installed Artwork or notify the Artist of their acceptance of the Artwork by a Notice of Completion in the form attached hereto as Exhibit D. Such Notice of Completion (Exhibit D) shall be evidence of the satisfactory completion and installation of the Artwork in conformity with this Agreement, subject to the indemnification, representations, and further performance obligations set forth in this Agreement. b. Final Acceptance by the City of the Artwork will occur at the filing of the Notice of Completion. Given that the Artwork is being installed on signal boxes and electrical cabinets owned by the City, once the installation process begins ownership of the Artwork and any completed or uncompleted portions thereof shall pass to the City even though the Notice of Completion has not yet been filed. 1.6 Risk of Loss. Upon receipt of the Notice of Completion, the risk of loss or damage to the Artwork shall be borne by the City. Prior to the Notice of Completions, the Artist shall bear the risk of loss or damage. The Artist shall take such measures as are necessary to protect the Artwork from loss or damage, through insurance or other adequate security, and to maintain Page 2 of 16 rj the Artwork until the Notice of Completion is made by the City. 1.7 Title. Title to the Artwork and any construction drawings, plans, or other work product generated pursuant to this Agreement shall remain with the Artist during the creation process. However, once the installation process begins title to all of these items shall pass to and vest with the City. Title to these items shall also pass to and vest with the City upon Termination pursuant to Article IX hereof. 1.8 Payment: The Artist shall be paid the compensation set forth in Exhibit C for the completion of Artwork in accordance with this Agreement. The total compensation to be paid to the Artist shall not exceed $9,600.00 (Nine Thousand Six Hundred Dollars). ARTICLE II. TIME OF PERFORMANCE 2.1 Time. The Artist agrees to punctually and diligently perform all obligations under this Agreement. It is further understood and agreed that should the Artist fail to furnish the labor, materials, equipment, and or services, to perform all work and labor as herein provided in the manner herein set forth in good and workmanlike manner, Artist shall, in addition to any other penalties provided in the Agreement, be liable to the City for all losses or damages that either may suffer on account thereof. Artist warrants that he alone is performing the services called for by this Agreement, and that he will not be utilizing the services of employees or agents to complete the work. If the Artist fails in any respect to properly and diligently prosecute the work covered by this Agreement, or otherwise fails to perform fully any and all of the Covenants and obligations herein contained; then the City may, at its option, (1) after giving twenty-four (24) hours written notice to Artist and City as applicable, provide any such labor and materials as may be necessary ; or (2) terminate the Artist's right to proceed with the work and, in the event, the City, at its option, shall have the right to take possession of all work product relating to the Artwork for the purpose of completing the work included under this Agreement, and to take possession of the Artwork or any portion thereof, and all materials, tools, sketches, and drawings, and may employ any other person or persons to finish the work and provide the materials therefore. In the event City provides labor and/or materials, as set forth in 0 ) above, or finishes the work, as set forth in (2) above, City may deduct the cost of such labor and materials and all costs incurred in finishing the work, if applicable, from any money then due or thereafter to become due to Artist under this Agreement until the work undertaken by the City is completely finished. At that time, if the unpaid balance of the amount to be paid to the Artist under this Agreement exceeds the expenses incurred by the City in providing labor and materials and/or in finishing Artist's work, such excess shall be paid by the City to Artist, but if such expense shall exceed such unpaid balance, then Artist shall promptly pay to City the amount by which such expense shall exceed such unpaid balance. The expense incurred by the City as herein provided, either for furnishing materials, or for finishing the work, and any damages incurred by the City by reason of Artist's default, shall be chargeable to, and paid by Artist, aforesaid, to secure the payment thereof. If the City elects not to terminate Artist's right to proceed, Artist agrees to reimburse the City for losses or damages resulting for the delay in speedy progress of work. If Artist should neglect to prosecute the work properly or fail to perform any provisions of this Agreement, the City, after ten (10) days written notice to Artist, may without prejudice to any other remedy it may have make good such deficiencies. In the event the City makes good 291 Page 3 of 16 6 such deficiencies, it may deduct the cost thereof from the payment then or thereafter -due Artist. In addition to specific provisions of Agreement, performance by any party hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, strikes, lock- outs, riots, floods, earthquakes, fires, casualties, supernatural causes, acts of the public enemy, epidemics, quarantine restrictions, freight embargoes, lack of transportation, governmental restrictions or priority, litigation, unusually severe weather, inability to secure necessary labor, materials or tools, delays of any contractor, subcontractor or supplies, acts of the other party, acts or failure to act of any public or governmental agency or entity, including, without limitation, unreasonable delays in the processing and issuance of required permits for the installation of the Artwork by Artist (except that any act or failure to act of City shall not excuse performance by City) or any other causes beyond the reasonable control or without the fault of the party claiming an extension of time to perform. Notwithstanding the foregoing, market and economic conditions shall not entitle Artist to an extension of time to perform. An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within ten (10) days of knowledge of the commencement of the cause. In addition, times of performance under this Agreement may be extended by mutual written agreement by City and Artist. ARTICLE III. WARRANTIES 3.1 Title. The Artist represents and warrants that: (a) the Artwork is solely the result of the artistic effort of the Artist; (b) that the Artwork is unique and original and does not infringe upon any copyright; (c) the Artwork, or a duplicate thereof, has not been accepted for sale elsewhere; and (d) the Artwork is free and clear of any and all encumbrances and/or monetary liens. 3.2 Quality and Condition. The Artist represents and warrants, except as otherwise disclosed to the City in writing, that: (a) the creation of the Artwork will be performed in a workmanlike manner; (b) the Artwork will be free of patent and latent defects in material and workmanship, including any defects or qualities which cause or accelerate deterioration of the Artwork; and (c) reasonable maintenance of the Artwork will not require procedures substantially in excess of those described in the maintenance recommendations to be submitted by the Artist to the City. The warranties described in Section 3.2 shall survive for a period of one (1) year after the Acceptance of the Artwork, except the representation and warranty concerning latent defects shall survive for a period of three (3) years from the Acceptance of the Artwork. The City shall give notice to the Artist of any observed and claimed breach with reasonable promptness. The Artist shall, at the request of the City and at no cost to the City cure reasonably and promptly the breach of any such warranty which is curable by the Artist and which cure is consistent with professional conservation standards (including, for example, cure by means of repair or creation of the Artwork). ARTICLE IV. PERFORMANCE BONDS 4.1 Bonds. The Artist shall not be required by the City to post any performance bonds or similar undertakings, and any requirement of any other authority for performance bonds shall be the responsibility of the City. Nevertheless, Artist shall prevent any lien from attaching to 292 Page 4 of 16 7 the Artwork or the Site Locations by any person claiming under Artist. ARTICLE V. REPRODUCTION RIGHTS 5.1 General. The City shall have all rights under the Copyright Act of 1976, 17 U.S.C. Sections 101 et seq., and all other rights in and to the Artwork, including ownership and possession. Artist shall retain no rights in the Artwork and shall have no rights under the Copyright Act of 1976, 17 U.S.C. Sections 101 et seq. In view of the intention that the Artwork shall be unique, the Artist shall not make any duplicates or reproductions of the final artwork, nor shall the Artist grant permission to others to do so. The parties recognize that the City alone may grant such approval. The City and its assigns may make reproductions of the Artwork for commercial purposes, including but not limited to reproductions used in posters, advertising, brochures, media publicity, and catalogues, provided that these rights are exercised in a tasteful and professional manner. All proceeds from such reproductions shall belong to the City. 5.2 Notice. All reproductions by the City shall contain a credit to the Artist and denote its location. ARTICLE VI. ARTIST'S RIGHTS 6.1 Identification. The City shall, at its expense, prepare and install at the site location, a signature identifying the Artist, the title of the Artwork and the year of completion. 6.2 Maintenance. The parties recognize that maintenance of the Artwork on a regular basis is essential to the integrity of the Artwork. Until such time as the City determines it no longer wishes to display the Artwork, the City shall maintain the Artwork. 6.3 Repairs and Restoration. a. The City shall have the right to determine, after consultation with a professional art conservator, when and if repairs and restoration to the Artwork will be made. At the City's option, the Artist, during the Artist's lifetime, may be given the opportunity to make or personally supervise significant restoration and shall be paid a reasonable fee for any such services, provided that the City and the Artist mutually agree in writing, prior to the commencement of any significant restoration, upon the Artist's fee for such services. The City shall have no obligation to utilize the services of Artist in this respect if it chooses to have the restoration done by other professionals. No fees shall be paid to Artist for restoration due to a breach of the representations and warranties set forth herein. b. All restorations shall be made in accordance with recognized principles of conservation. 6.4 Maintenance, Alteration and Removal of the Artwork. a. The City shall maintain the Artwork in a manner that the City determines appropriate in its sole discretion. All decisions regarding alterations to the Artwork are within the sole and absolute discretion of the City. b. If any alteration is made to the Artwork without the consent of Artist, Artist 293 Page 5 of 16 $ shall have the right to direct the City to remove Artist's name from the Artwork. In connection herewith, Artist hereby acknowledges and agrees that Artist is familiar with the California Art Preservation Act, as set forth in Section 987 of the California Civil Code and the Visual Artists Rights Act of 1990, as set forth in 17 United States Code Annotated, Section 106A, and the rights and protection afforded Artist there under, and Artist hereby waives each and all of Artist's rights and protection under Section 987 of the California Civil Code and under 17 United States Code Annotated, Section 106A to the fullest extent permitted by law. C. The parties acknowledge and agree that because the Artwork is being installed on signal boxes and electrical cabinets owned by the City, it will not be possible to preserve the Artwork if the City determines that it no longer wishes to have the Artwork on display at that location. By way of example, the parties recognize that is would not be feasible or practical to relocate the Artwork after it is installed. For this reason, the parties agree that the City shall have the right at any time and for any reason, to paint over or otherwise cover the Artwork, and the Artist shall have no right to notice of such actions. The City shall have no obligation to preserve the Artwork if it determines it no longer wishes to display the Artwork. 6.5 Permanent Record. The City shall maintain a record of this Agreement and of the location and disposition of the Artwork. 6.6 Artist's Address. The Artist shall notify the City of changes in address. The City shall take reasonable effort(s) to locate the Artist when matters arise relating to the Artist's rights under this Agreement. ARTICLE VII. ARTIST AS INDEPENDENT CONTRACTOR 7.1 The Artist shall perform all work under this Agreement as an independent contractor and not as an agent, joint venture, partner or an employee of the City. The Artist shall not: a. be supervised by any employee or official of the City; b. exercise supervision over any employee or official of the City; C. have authority to contract for or bind the City in any manner; or represent itself as an agent of the City; or otherwise be authorized to act for or on behalf of the City; d. have status as a City employee or have any right to any benefits that the City grants to its employees. ARTICLE Vill. ASSIGNMENT OR TRANSFER 8.1 No party shall assign or transfer an interest in this Agreement without the prior written consent of the other parties. ARTICLE IX. TERMINATION 9.1 The City may, at either its option, by written notice to the Artist, terminate this Agreement either (a) upon the failure by Artist to perform any of its obligations hereunder in accordance with the terms hereof or any other breach by Artist of the terms of this 294 Page 6 of 16 9 Agreement, and such failure or breach continues uncured for fifteen (15) days following notice thereof from the City to Artist ("Termination for Default"), or (b) at any other time in the sole and absolute discretion of the City ("Discretionary Termination"). Termination for Default and Discretionary Termination are sometimes hereinafter collectively referred to as "Termination." Upon Termination, except as provided in this Article IX, all parties shall be released from all further obligations and liability hereunder. Effective upon a Termination, the Artwork, or so much thereof or has then been completed, shall be transferred to and shall belong to the Developer. In such event and upon Artist's written request, the City shall remove Artist's name from the Artwork. ARTICLE X. CITY'S CONTRACT ADMINISTRATOR ' 10.1 The Contract Administrator for this Agreement shall be the City Community Services Director. Wherever this Agreement requires any notice to be given to or by the City, or any determination or action to be made by the City, the City Community Services Director shall represent and act for the City. ARTICLE XI. NON-DISCRIMINATION 11.1 In carrying out the performance of the services designated herein, none of the Artist and the City shall discriminate as to race, color, creed, religion, marital status, national origin or ancestry, and the Artist shall comply with the equality of employment opportunity provisions of State and local laws and regulations as presently existing or hereafter amended. ARTICLE XII. ENTIRE AGREEMENT 12.1 This Agreement, and all of the exhibits attached hereto, embodies the entire Agreement and understanding between the parties hereto, and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby, except as set forth herein above. ARTICLE XIII. MODIFICATION 13.1 No alteration, change or modification of the terms of the Agreement shall be valid unless made in writing and signed by each party hereto and approved by appropriate action of the City. ARTICLE XIV. WAIVER 14.1 No waiver of performance by any party hereto shall be construed as or operate as a waiver of any subsequent default of any terms, covenants and conditions of this Agreement. The payment or acceptance of fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. ARTICLE XV. GOVERNING LAW 15.1 This Agreement, regardless of where executed or performed, shall be governed by and construed in accordance with the laws of the State of California. 15.2 In addition to any other rights or remedies and subject to the restrictions otherwise set forth in this Agreement, any party hereto may institute legal action to seek speeific 295 Page 7 of 16 10 performance of the terms of this Agreement, to recover damages, or to obtain any other remedy, at law or in equity, consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Riverside, in the Indio Branch municipal court, or in the Federal District Court in the district of California, which includes Riverside County. 15.3 If any party to this Agreement brings a legal action or proceeding against another party to enforce the provisions of this Agreement, or on account of a claim or dispute arising out of this Agreement, then the prevailing party in such arbitration or legal action or proceeding shall be entitled to reimbursement by the other party of the legal fees and costs, including reasonable attorney fees and expert witness fees, incurred by the prevailing party in connection with the legal action or proceeding. ARTICLE XVI. HEIRS AND ASSIGNS 16.1 This Agreement shall be binding upon and shall inure to the benefit of the City and Artist, and their respective heirs, personal representatives, successors and permitted assigns. ARTICLE XVII. NOTICES 17.1 All notices, requests, demands and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, as follows: CITY: City of La Quinta Attn: Community Services Director P.O. Box 1504 78-495 Calle Tampico La Quinta, CA 92247-1504 (760) 777-7032 ARTIST: Julie Ann Designs Attn: Julie Kirk ARTICLE XVIII. INDEMNITY 18.1 Artist shall defend, indemnify and hold harmless City, its officers, employees, representatives and agents ("Indemnified Parties"), from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys' fees, arising out of any liability or claim for liability, for injury to or death of person(s), for damage to property (including property owned by City) and for errors and omissions committed by Artist, its officers, employees representatives, and agents, which arise out of acts or activities of Artist or Artist's Officers, employees, agents or representatives ("Claims"), whether or not such act or activity is authorized by this Agreement, except to the extent of such loss as may be caused by City's own negligence or that of its officers or employees. In the event the Indemnified Parties are made a party to any action, lawsuit, or other adversarial proceeding in any way involving such Claims, Artist shall provide a defense to the Indemnified Parties, or at the City's option, reimburse the Indemnified Parties their costs of defense, including reasonable attorneys' fees, incurred in defense of such Claims. In addition, Artist shall be obligated to promptly pay any final judgment or portion thereof rendered against the Indemnified Parties. 296 Page 8 of 16 11 18.2 Except for third party claims, no party shall be liable for any indirect, special, incidental, or consequential damages resulting from another party's performance or use of the artwork under this agreement. Except for third party claims, in no event shall Artist's total liability under this agreement, for any reason whatsoever, exceed the aggregate amount of all payments received pursuant to the terms of this agreement. ARTICLE XIX. INSURANCE 19.1 Policies. Throughout creation of the Artwork the Artist shall maintain Comprehensive General Liability Insurance, or Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability (employee and contractual exclusions deleted), Products/Completed Operations Liability, Broad -Form Property Damage and Independent Contractors' ($1,000,000) per occurrence, combined single limit, written on an occurrence form, and such other forms and amounts of insurance as the City may deem necessary or desirable. All required insurance shall be evidenced by an insurance policy or policies (or the renewal or replacement thereof) reasonably acceptable to the City. Artist, as applicable, shall not proceed with any work nor receive payment under this Agreement until, among other things; the City has received the appropriate insurance certificates. The Artist's General Liability policy required by this Agreement shall contain the following clauses: "The City of La Quinta and its officers, agents, employees, representatives, and volunteers are added as additional insured as respective operations and activities of, or on behalf of the named insured, performed under this agreement." Prior to commencing any work under this Agreement, Artist shall deliver to the City insurance certificates confirming the existence of the insurance required by this Agreement, and including the applicable clause referenced above. Also, within thirty (30) days of the execution date of this Agreement, Artist shall provide to the City an endorsement to the General Liability policy, which adds to this policy the applicable clause referenced above. Said endorsement shall be signed by an authorized representative of the insurance company and shall include the signator's company affiliation and title. Should it be deemed necessary by the City, it shall be the Artist's responsibility to see that the City receives documentation acceptable to the City, which sustains that the individual signing said endorsement is indeed authorized to do so by the insurance company. Also, the City has the right to demand, and to receive within a reasonable time period, copies of any insurance policy required under this Agreement. In addition to any other remedies the City may have if Artist fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, the City, at is sole option, may terminate this Agreement. City's termination of the Agreement, however, is an alternative to other remedies the City may have, and is not the exclusive remedy for Artist's failure to maintain insurance or secure appropriate endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Artist may be held responsible for payments of damages to persons or property resulting from Artist's, or Artist's respective agent's contractors or subcontractors, performance of the work covered under this Agreement. 297 Page 9 of 16 12 ARTICLE XX. GENERAL 20.1 Any provisions of this Agreement, which shall prove to be invalid, void, or illegal shall in no way affect, impair or invalidate any other provision hereof, and such remaining provisions shall remain in full force and effect. 20.2 Whenever in the specifications any materials or process is indicated or specified by patent or proprietary name or by name of manufacturer, such specification shall be deemed to be used for the purpose of facilitating description of the material and/or process desired, and shall be deemed to be followed by the words "OR EQUAL," and Artist may offer any material or process which shall be equal in every respect to that so indicated or specified. 20.3 Artist shall not offer any substitute in said proposal or if a substitute so offered by Artist is not found to be equal to that so indicated or specified by name, if one only be so specified or named, or, if more than one be so specified or named, then such one as shall be specified in the proposal, or if none be so specified, then such one as shall be required by the City or Developer. 20.4 Unless a different date is provided in this Agreement, the Effective Date shall be the latest Date of Execution, hereinafter set forth below the names of the signature hereto. Should the Artist fail to enter a Date of Execution, the Effective Date shall be the Date of Execution by the City. 20.5 Artist is only authorized to work on facilities owned by the city which are the traffic signal controller and associated power pedestal located at the designated intersections. All other utility boxes and vaults are outside the scope of this contract and require separate permission from the owners of those facilities. 20.6 Artist shall not commence work until notifying Public Works at (760) 777-7075 at least 48 hours in advance. 20.7 Artist shall be required to follow all traffic control requirements as deemed necessary by the City Engineer to insure public safety as well as the artist's safety. 20.8 Artist's work is only intended as an enhancement. In no case will artwork be allowed that might affect the operation of the traffic signal equipment or operation of the roadway. City reserves the right to apply coatings to the signal equipment enclosures as necessary to protect the signal equipment from the elements and vandalism. City shall also have access to operate the signal equipment if necessary during installation of the artwork. 298 Page 10 of 16 13 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. CITY: CITY OF LA QUINTA, a California Municipal Corporation ATTEST: VERONICA MONTECINO, CMC, City Clerk City of La Quinta, California APPROVED AS TO FORM: M. KATHERINE JENSON, City Attorney City of La Quinta, California ARTIST: By: THOMAS P. GENOVESE, City Manager Title: State License 299 Page 11 of 16 14 EXHIBIT A SCOPE OF DESIGN BUILD SERVICES I. SCOPE OF WORK A. Artist shall furnish all labor, material, tools, equipment, etc., required to design the Artwork in accordance with the quality level and intent of the concept drawings as prepared by Artist and approved by the City, along with all governing agency requirements and code criteria. B. Artist is responsible for submitting all required documents relating to the Artwork design so that all required approvals may be obtained in a timely manner. C. Artist shall immediately notify the City in writing of any cost impact or schedule impact whether increase or decrease, resulting from any modifications to the design. Any redesign fees or any other costs incurred by the Artist shall not be charged to the City unless the City has agreed to such charge in writing. D. Artist shall complete the design in sufficient scale and detail as required by the City for approval. E. Artist's design and specifications shall be subject to approval by the City and its consultants. F. Should the City wish to make posters or prints of the Artwork, Artist shall cooperate with the City's efforts, and shall execute any necessary consent forms, waivers, or other required documentation. The City owns all rights with regard to the Artwork, including the right of reproduction in the form of photographs, prints and posters, and has the right to sell these items. Il. GENERAL ITEMS OF INCLUSION: As a further clarification to the plans and specifications, the work shall include but not necessarily be limited to the following: A. Artist shall examine or cause to be examined all supporting and adjacent surfaces and record any defects to the City prior to installing any material. The installation of any material constitutes the Artist's complete acceptance of all substrates as compatible with the work under this agreement. B. Any work not provided for in this Agreement must be authorized by the City prior to the installation of such work. C. Artist is responsible for all repairs or replacement of any existing property or work which is damaged as a result of the performance of the work under this Agreement. Artist shall keep the work area in a neat and orderly manner. The Artist shall be responsible for all necessary signage or barricades to protect the Artwork during the installation. D. Artist shall provide for all unloading, hoisting, scaffolding, and bracing for the 300 Page 12 of 16 15 Artwork, and shall ensure that the area in which he is working is maintained in a safe and orderly manner. III. SPECIFIC ITEMS OF INCLUSION The artwork includes, but is not limited to: design and development of original artwork on each signal box and electrical service cabinet at the following locations: • Washington Street and Avenue 48 • Washington Street and Highway 111 • Washington Street and the Village Shopping Center • Washington Street and Avenue 50 • Washington Street and Avenue 52 • Eisenhower and Calle Tampico Artist shall draw illustrations of each element to be painted on the above signal boxes and electrical cabinets. •. 301 Page 13 of 16 16 EXHIBIT B SCHEDULE OF PERFORMANCE SCHEDULING: The Artist has estimated that the project will take approximately six weeks to complete once instructed to proceed. Work will commence on October 1, 2009 and be completed no later than November 15, 2009. REVIEWS: The Community Services Director will have regular visits and shall receive written progress reports from the Artist. The project may be reviewed by the City Council as deemed appropriate. Any comments made by the City Council shall be addressed by the Artist. 302 Page 14 of 16 17 EXHIBIT C SCHEDULE OF COMPENSATION PRICE: Total not to exceed Nine Thousand Six Hundred Dollars ($9,600.00). SCHEDULE OF PAYMENTS: The first payment of $1,500.00 will be made upon execution of the Agreement. The final payment of $8,100.00 shall be made upon the issuance of the Notice of Completion. 303 Page 15 of 16 18 EXHIBIT D NOTICE OF COMPLETION FOR ARTWORK Piece of Artwork: Painting of Signal Boxes & Electrical Service Cabinets WHEREAS, by that certain Art Purchase Agreement dated , 2009 ("Agreement"), THE CITY OF LA QUINTA, a California municipal corporation (the "City") contracted with Julie Ann Designs (Artist) to provide certain "Artwork" (as defined in the Agreement); and, WHEREAS, as referenced in the Agreement, the City shall furnish Artist with a Notice of Completion upon completion of the fabrication and installation of the Artwork; and, WHEREAS, such certificate shall be conclusive determination of satisfactory completion of the fabrication and installation of the Artwork, as required by the Agreement, has been satisfactorily completed. NOW, THEREFORE, the parties hereto certify as follows 1. As provided in the Agreement, the City hereby certifies that the fabrication and installation of the Artwork has been fully performed and completed. 2. Nothing contained in this instrument shall modify in any other way any executory portions of the Agreement. IN WITNESS WHEREOF, the City has executed this certificate this day of 2009. CITY OF LA QUINTA, a California Municipal Corporation Ln 304 Page 16 of 16 19 ATTACHMENT 2 CITY OF LA QUINTA REQUEST FOR PROPOSALS FOR THE DESIGN AND PAINTING OF SIGNAL BOXES AT VARIOUS LOCATIONS IN THE CITY The City of La Quinta is requesting proposals from qualified individuals to provide originally designed murals to be designed and painted on signal boxes at various locations in the City. This proposal will include design, painting, sealing, and all materials. PROPOSAL: Applicants are encouraged to keep their proposals brief and relevant to the specific services required. The City has set aside a budget not to exceed $10,000 for the entire project, "turnkey," including, but not limited to: Design, plan, estimate, professional services, permits, approvals, any and all meetings, of original signal box murals that fit with the location. For this proposal, the Artwork is defined as follows: "Originally designed murals" means art that has been designed by an individual that is recognized as an Artist. The artwork must be able to withstand the natural elements with little maintenance, and in scale to the structures on which they are placed. Themes can relate to the individual location of each signal box as well as history, culture, sports, and flora and fauna of the area. Other creative themes are also encouraged. The artwork includes, but is not limited to: design and development of original artwork on each signal box and electrical service cabinet at the following locations: • Washington Street and Avenue 48 • Washington Street and Highway 111 • Washington Street and the Village Shopping Center • Washington Street and Avenue 50 • Washington Street and Avenue 52 • Eisenhower and Calle Tampico Ten copies of the proposal shall be submitted and should include the project approach, project schedule, development team (including all artists involved), and a listing of similar projects with references that are relevant to this type of work. In a separate sealed envelope, applicants must submit a cost breakdown for each location of the proposed work. SELECTION PROCESS: The Community Services Commission will rank the proposals based upon the artist's experience, approach to the project, project schedule, qualifications, written proposal, and verbal presentation to the Community Services Commission. It is anticipated that interviews will be conducted on June 8, 2009 at 5:30 p.m. Upon Community Services Commission review, a recommendation will be forwarded for City Council consideration at the July 7, 2009 City Council meeting. The successful artist will be expected to enter into an Art Purchase Agreement. 305 Mc ANTICIPATED PROJECT TIMELINE 2009: Request for Proposal Due Date May 15, 2009 Community Services Commission Review June 8, 2009 City Council Consideration July 7, 2009 CITY RIGHTS AND OPTIONS: This solicitation does not commit the City of La Quinta to award a contract, to pay any cost incurred with the preparation of services of a qualifications statement, or to procure or contract for services or supplies. The City of La Quinta reserves the right to accept or reject any or all submittals received in response to the request, to negotiate with any qualified source, or to cancel in whole or in part this process if it is in the best interest of the City to do so. Subsequent to negotiations, prospective Artists may be required to submit revisions to their statements. All artists submitting proposals should note that any contract pursuant to this solicitation is dependent upon the recommendation of City staff and the approval of City Council. The City of La Quinta reserves the right to postpone selection for its own convenience, to withdraw the Request for Proposals at any time and to reject any and all submittals without indicating any reason for such rejection. As a function of the RFP process, the City of La Quinta reserves the right that specific personnel with specific expertise be added to the team if the City determines that the specific expertise is lacking in the project team. The City of La Quinta reserves the right to abandon the RFP process and/or change its procurement process for the contract at any time if it is determined that abandonment and/or change would be in the City's best interest. In the event of an abandonment or change, the City will not be liable to the Artist for any costs or damages arising out of its response to the RFP. The request to receive proposals will close at 5:00 p.m. on Friday, May 15, 2009. The proposal packages are to be delivered to: City of La Quinta Community Services Department P.O. Box 1 504 78-495 Calle Tampico La Quinta, California 92247-1504 Proposals will be addressed to the attention of Edie Hylton, Community Services Director. Please call (760) 777-7032 for more information. 306 21 ATTACHMENT 3 Proposed Murals City of La Quinta Signal Light Boxes Phase One 301 22 Proposed Murals City of La Quinta signal light boxes Phase One Whether you're a resident, snowbird, or a visitor traveling through La Quinta you can't help but observe the beauty of our mountains, public art and wonderful golf courses. But resting at a signal light you might take notice to the large bland boxes sitting at the intersection , uncovered and out of place. By painting attractive murals on the boxes, with subjects related to the City of La Quinta, this will tie the beauty of our city together and withhold our title as the "Gem of the Desert". ■ Themes: ' Each location will be designed with a different theme. Themes range from modem interpretations of our palm trees, desert landscape, Spanish architecture, tennis and golf courses, and Gamby the Quail. `See attached for sketched renderings. ■ Locations: Prioritized by most prominent from the street Washington St. and Avenue 48 Washington St and Highway III Washington St and Village Shopping Washington St and Avenue 50 Washington and Avenue 52 Eisenhower and Calle Tampico 1 *Additional boxes available upon request ■ Box Sixes: There are two boxes at each location. (Priced together) Small- 26"x 48" Large- 60"x 71" ■ Process: Prime all boxes to make applicable to absorb paint. Paint murals with metal exterior paint by Sinclair Paint Company. Seal with epoxi sealer to protect colors from weather damage and chipping. ■ Timeline for phase one: Phase one work will start on September 9, 2009. Each location will take up to 8 days from preparation to completion depending on mural and size. Total job will take approximately 3 months. ■ Materials: Behr Primer Multiple colors of Sinclair metal exterior paint Behr Sealer Rollers Trays Brushes ■ Maintenance: The epoxi sealer protects the boxes from sun and rain damage. Due to unexpected events maintenance may be required. If vandalized with spray paint, a process is available to remove the graffiti. Cost is $65.00 per hour for repair. M 23 ■ About the Artists: Julie Kirk: Started her business, Julie Ann Designs, in La Quinta 13 years ago. It started as a small adventure for an artist and evolved into a vast business painting murals for children s rooms, trompe o led scapes, faux finishes, Venetian plas- ters, and canvas: Her art is most recently featured in Newport Beach at Fleur -de -Lys where you can view over 15 can- vas'. She has created art work in various locations through out the Coachella Valley including La Serena Villas Hotel, Iris, Lady Bugs and Leap Frogs, Trio, and 100's of private estates. Jake Pratt: Julies son has followed in his mothers foot steps as an artist He has completed a year and a half at the Art Institute of California, and has worked for Julie Ann Designs for 6 years, creating over 20 murals in homes throughout the desert. His work can be viewed at Howard's Gallery and Custom Framing in Rancho Mirage and Big Marna's Soul food in Cathedral City. Thank you for the opportunity to submit our vision for the ury or La tlurnra. 309 24 ; �Y '���. ��� M1A � i �qw �' 7•� . 1 I -. 1 f. � 1 J ■a w L EFn s _ l r i, rr� - � F ��q+ ii f.� T, � � � 3 �r � � . a �� '� i �. Y n �� f ti � 4:.� ..a: �- .,.. 313 28 " W h,�;U11111!1,11[AIl Av"q,y 52 314 29 1 41, Taf 4 4V a" COUNCIL/RDA MEETING DATE: July 7, 2009 ITEM TITLE: Consideration of a Supplemental Marketing Agreement for the 2010 Bob Hope Chrysler Classic and Review of the 2009 Bob Hope Classic Visitor Profile Survey RECOMMENDATION: AGENDA CATEGORY: BUSINESS SESSION: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: Approve a Supplemental Marketing Agreement for 2010 with the Bob Hope Chrysler Classic (BHCC) in an amount not to exceed $145,000. FISCAL IMPLICATIONS: Police services are estimated to be $105,000; Fire/Emergency Medical services are estimated to be $25,000; and waste/recycling services are estimated to be $15,000; for a not -to -exceed total of $145,000. The City will also provide in -kind services, including the use of four traffic safety message boards and installation of tournament banners in the Village. These services will be funded from the Fiscal Year 2009-2010 budget and no new appropriation is required. In addition, the City's Economic Development Plan includes marketing SilverRock Resort and the City of La Quinta via the Bob Hope Chrysler Classic. The Plan also emphasizes attracting residents and visitors to the City. In 2010, the entire Bob Hope Chrysler Classic will take place in La Quinta, thus attracting thousands of people to the City of La Quinta. CHARTER CITY IMPLICATIONS: The City's Charter allows the City to utilize general fund revenues to encourage, support, and promote economic development. The Bob Hope Chrysler Classic will take place in the City of La Quinta, and will therefore benefit the local economy. BACKGROUND AND OVERVIEW: 316 In June 2007, the City entered into an Amended Use Agreement with Desert Classic Charities (dba Bob Hope Chrysler Classic) for use of the Arnold Palmer Classic Course at SilverRock Resort. In 2008, Hope Classic officials announced that the 2009 Hope Classic tournament would take place primarily in La Quinta, with only one tournament course located outside the City. Hope Classic officials requested the City's participation in related public safety and recycling costs; in return, the Hope Classic agreed to provide enhanced marketing and promotional benefits in addition to those provided by the existing Use Agreement. To that end, on November 18, 2008, the City entered into a Supplemental Marketing Agreement with the Hope Classic. In January 2010, all golf play will take place within the City of La Quinta — four golf courses, including the Arnold Palmer Classic Course at SilverRock Resort, the La Quinta Country Club, and the Nicklaus and Palmer courses at PGA West are part of the rotation. Staff has met with Hope Classic officials, the La Quinta Police Department, the Fire Department, and Burrtec Waste. For police services, the City will pay costs at its standard billable rates; services will include traffic control, on -site event coverage, and required supervision. The estimate for police services is $105,000. The estimate for Fire Department/Emergency Medical Services is $25,000. Recycling and waste disposal services are estimated at $15,000. The City will also provide in -kind services, including the use of four traffic safety message boards, and installation of tournament banners in the Village. The total not -to -exceed amount is $145,000. Details are contained within the attached Supplemental Marketing Agreement (Attachment 1). The existing Use Agreement includes several "City Benefit" items, including recognition that the City is an official Tournament Sponsor; joint press releases, seats at the Bob Hope Classic Ball, passes to the Bob Hope Club, the ability to purchase Ball Sponsor spots, and direct marketing benefit to SilverRock Resort and the City of La Quinta. For the proposed Supplemental Marketing Agreement, the City has agreed to focus a percentage of its budgeted marketing dollars to be used in joint or co - promotions with the BHCC, SilverRock Resort and La Quinta businesses. This will not only help to bring people into the City, but will help solidify and build the reputation of the City as host to one of the longest running PGA Tour events. The City and the BHCC have also agreed to meet and further develop a joint marketing plan. In addition, the BHCC will have a prominent position on the City's PlaylnLaQuinta.com website, from November through January. The BHCC will receive an active Banner on the City's PlayinLaQuinta.com website during this time frame, with a direct link to the BHCC website. The BHCC website will contain links to La Quinta hotels on the lodging page, as well as a link to the PlayinLaQuinta.com website. Further, the Agreement is designed to engage and benefit local hotels and businesses and includes: tournament, hotel, and golf packages; (as of this writing, the BHCC has 317 reserved 520 rooms at various La Quinta hotels, totaling 2,977 room nights); cooperative and enhanced regional advertising; a small business expo; a "City of La Quinta Day" event; a Bob Hope Classic store in Old Town; and various events in the Village. City staff will be working closely with the BHCC to ensure a prominent and exciting La Quinta message is incorporated in BHCC marketing materials and promotions. A complete list of marketing items is included in the attached Supplemental Marketing Agreement, Exhibit C. Visitor Profile Survey Last year, in order to gauge the economic effect of the Hope Classic, the City contracted with Wheeler's Desert Intelligence to conduct a survey of BHCC visitors to learn about their spending habits during their stay in La Quinta; transportation and lodging arrangements during the Classic; how the visitors obtained information about La Quinta and the BHCC; demographics; and the visitors' general impression of the tournament and La Quinta. Wheeler's prepared a comprehensive report, which is included as Attachment 2. Bob Marra of Wheeler's Market Intelligence will discuss his report at today's meeting. To summarize, Wheeler's was able to obtain 700 email addresses from BHCC attendees. Wheeler's sent a survey to all 700 emails, and received 219 responses. (Note that the goal was to receive at least 200 responses.) Key data within the report includes: •89.1 % of respondents rated the City of La Quinta and the Bob Hope Chrysler Classic very highly. •35.5% of respondents would definitely and 34.9% would very likely recommend La Quinta as a place to visit. •29.2% of respondents stayed in La Quinta; half of them stayed with family or friends, 12.1 % rented a home; and 37% stayed in a hotel. Of the hotel patrons, 29.3% stayed at the Homewood Suites, 3.4% stayed at the La Quinta Resort, 3.4% stayed at the Embassy Suites, and 1.7% stayed at the Lake La Quinta Inn. It should be noted that the La Quinta Resort had previously booked a conference during the same timeframe; therefore, there were fewer rooms available to BHCC attendees. (See report, page 8 for details.) •43.6% of respondents reported spending nothing on lodging as they stayed with family or friends. 9.4% spent over $250 per day on lodging; 20.5% spent $125-$200 per day; 12.8% spent $51-$120; and 13.7% spent $1-$50. (See report, page 14 for details.) • Nearly 87% of respondents dined out and nearly 70% shopped while in town. 318 The reported per -day expenditures averaged $90.97 for lodging, $107.70 for food and drink, $81.96 for shopping and gifts, and $88.03 on entertainment and events, for a total of $368.66 spent per day. (See report, pages 13-15 for details.) The report also includes data on how respondents heard about La Quinta and the BHCC; how they made their lodging reservations; demographics; familiarity with the area; if they plan to return, etc. Additional information was provided by the BHCC, and City staff also gathered data on tournament attendance, hotel occupancy, and television ratings as follows: According to BHCC officials, the total number of badges/tickets distributed (including complimentary and sold) is as follows: Badges (good for all five days) 26,822 Tickets (good for one day) 11,000 Skybox sponsors 815 Hospitality Tent 595 Total 39,232 City staff manually counted the number of people entering the main gate the tournament at PGA West on Saturday and Sunday — there were approximately 5,000 people on Saturday and approximately 4,500 people on Sunday. Since PGA West golf courses are open facilities, the actual number of attendees was much higher. The BHCC conducted a parking count at the various locations throughout the 5 days; however, they indicate the counts at PGA West may be low, as they didn't count the cars parked along the curbs within the PGA West neighborhoods. Total vehicle count for the five days was 18,587 according to the BHCC (10,036 at SilverRock and 8,551 at PGA West). Both the Homewood Suites and Embassy Suites reported positive results - this was their busiest week in January and both saw an increase in occupancy and revenues. The La Quinta Resort reports booking 100 rooms for the BHCC. Old Town La Quinta reported the restaurants did very well, the shops were busy, and the Bob Hope Store was very popular. Old Town and its merchants hope to be even more involved in 2010. The Chamber surveyed some of its members; restaurants reported increased business, but the retailers surveyed did not see an increase in sales. The Golf Channel handled television coverage of the BHCC. The Golf Channel reports that a total of 3.46 million households tuned into the 2009 BHCC tournament over the five days it was aired; this is an increase over the 2008 BHCC, which had 2.80 million households tune in over the five day period (Attachment 3). The largest ratings were 319 on Saturday and Sunday, with 863,000 and 1,427,000 viewers, respectively. Based on these ratings, La Quinta receives wide exposure on national and international television during the BHCC. The Golf Channel's audience is a targeted, golf -oriented market and is La Quinta's tourism market as well. In addition, the Golf Channel produced a short clip about Old Town La Quinta, which also aired during the tournament coverage, thus giving national and international exposure for local businesses. While it is difficult to quantify the immediate economic benefit of the BHCC, especially in the first year of a cooperative marketing agreement, all reports indicate an increase in business during the tournament, particularly for hotels and restaurants. A primary benefit is the national and international television exposure for La Quinta, reaching millions of households during the tournament. The 2010 Supplemental Marketing Agreement builds upon last year's efforts, adding a focus on the regional drive-in market, hotel/BHCC/golf packages, internet-based marketing, and increased participation by local businesses. FINDINGS AND ALTERNATIVES: The alternatives available to the City Council include: 1. Approve a Supplemental Marketing Agreement for 2010 with the Bob Hope Chrysler Classic in an amount not to exceed $145,000; or 2. Do not approve a Supplemental Marketing Agreement for 2010 with the Bob Hope Chrysler Classic; or 3. Provide staff with alternative direction. Respectfully submitted, Douglas R. vans, Assistant City Manager — Development Services 390 Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. Supplemental Marketing Agreement for 2010 with the Bob Hope Chrysler Classic 2. Bob Hope Classic Visitor Profile Survey 3. Golf Channel Ratings 321 ATTACHMENT 1 SUPPLEMENT MARKETING AGREEMENT BY AND BETWEEN DESERT CLASSIC CHARITIES AND THE CITY OF LA QUINTA This Supplement Marketing Agreement ("Agreement") is entered into this _ day of , 2009, by and between the City of La Quinta, a municipal corporation ("City") and the Desert Classic Charities, dba Bob Hope Chrysler Classic, a California public benefit corporation ("Hope Classic"). The City and the Hope Classic are sometimes hereinafter individually referred to as "Party" and collectively as "Parties." RECITALS A. The Hope Classic holds a professional golf tournament played each January in Coachella Valley over four different golf courses (the "Hope Classic Tournament'). B. The City owns and maintains a golf course on certain real property generally located on the western side of Jefferson Street between Avenue 52 and Avenue 54 in the City of La Quinta (the "SilverRock Tournament Course"). C. On or about June 6, 2007, the City and the Hope Classic entered into an Amended Use Agreement providing that the Hope Classic have exclusive use of the SilverRock Tournament Course for one (1) consecutive seven-day period each year for ten (10) years for the purpose of conducting the Hope Classic Tournament. D. Four courses used in the 2010 Hope Classic Tournament are located in the City of La Quinta at the PGA West Golf Club and the La Quinta Country Club . E. The event was successful last year; therefore, the Parties mutually desire to enter into this Agreement for a second year with the intent to leverage marketing dollars to enhance promotion of the City and the Bob Hope Chrysler Classic, bring more visitors to the City and Tournament, and to expand community participation. F. The Parties mutually desire to enter into this Agreement for the purpose of providing certain base levels of community safety resources, solid waste disposal and recycling services, and in -kind services during the 2010 Hope Classic Tournament at the PGA West, the La Quinta Country Club, and the SilverRock Tournament Course in the City of La Quinta (the "La Quinta Courses") in exchange for additional marketing and advertising that will promote and provide publicity for the City and the SilverRock Tournament Course. NOW, THEREFORE, in consideration of the above recitals and the mutual covenants set forth herein, and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 2284/015610-0002 969056.01 a06/25/09 322 SECTION 1. Term. The Term of this Agreement shall be effective on December 2, 2009, and terminate on September 30, 2010. SECTION 2. Public Safety Services. Section I.I. Public Safety Services at the La Ouinta Courses. The Parties agree that for the Term. of this Agreement, City shall provide a base level of public safety services for that portion of the 2010 Hope Classic Tournament held at the La Quinta Courses as specified in Exhibit "A", attached hereto and incorporated herein by this reference ("Public Safety Services"). Any additional public safety services requested by the Hope Classic at the La Quinta Courses during the Term of this Agreement not specified in Exhibit "A" shall be charged to and paid for by the Hope Classic. Section 1.2. Public Safety Services Beyond the La Quinta Courses. This Agreement does not afford public safety services for any and all 2010 Hope Classic Tournament events held outside City limits, and any and all 2010 Hope Classic Tournament events held within City limits beyond the La Quinta Courses as provided in Section 1.1 herein. The Hope Classic must contract directly with the Riverside County Sheriff's Department for any and all public safety services not covered by Section 1.1 of this Agreement. SECTION 3. Solid Waste Disposal And Recycling Services. The Parties agree that for the Term of this Agreement, City shall provide solid waste disposal and recycling services at the La Quinta Courses as specified in Exhibit "B", attached hereto and incorporated herein by this reference ("Solid Waste Services"). The Hope Classic shall pay for any additional services that are not specified in Exhibit "B". SECTION 4. Marketing Benefits. In consideration for the Public Safety Services and Solid Waste Services, the Hope Classic shall provide to the City additional marketing benefits as provided in Exhibit "C", attached hereto and incorporated herein by this reference ("Marketing Benefits"). SECTION 5. In -Kind Services. The City of La Quinta agrees to provide four (4) traffic safety message boards, and the City's Public Works Department shall install street banners in the Village, as provided in Exhibit "D". SECTION 6. Indemnity. Section 6.1 City to Indemnify. The City hereby agrees to indemnify, defend, and hold the Hope Classic and its officials, officers, employees, volunteers, and agents ("Hope Classic Indemnified Parties") harmless against and from any liability for any claim, action or proceeding against the Hope Classic Indemnified Parties that arises solely out of any negligent acts, omissions, or willful misconduct by the City and its officials, officers, employees, volunteers and agents in the performance of any act related to the subject matter of this Agreement. In their sole discretion and at their own cost and expense, the Hope Classic Indemnified Parties may participate in the defense of any such claim, action or proceeding, utilizing legal counsel of their choice; however, such participation shall not relieve the City of any obligation imposed pursuant to this Agreement. The Hope Classic shall promptly notify the City of any such claim, action or proceeding and shall cooperate fully in the defense of the same. 2284/015610-0002 969056.01 a06/25/09 323 Section 6.2 Hope Classic to Indemnify. The Hope Classic hereby agrees to indemnify, defend, and hold the City, its golf course operator, the Agency, and their respective officials, officers, employees, volunteers, and agents ("City Indemnified Parties") harmless against and from any liability for any claim, action or proceeding against the City Indemnified Parties that arises solely out of any negligent acts, omissions, or willful misconduct by the Hope Classic and its officials, officers, employees, volunteers, and agents in the performance of any act related to the subject matter of this Agreement. The Hope Classic further agrees to indemnify, defend, and hold the City Indemnified Parties harmless against and from any liability for any claim, action or proceeding against the City Indemnified Parties that relates to the Tournament. In their sole discretion and at their own cost and expense, the City Indemnified Parties may participate in the defense of any such claim, action or proceeding, utilizing legal counsel of its choice; however, such participation shall not relieve the Hope Classic of any obligation imposed pursuant to this Agreement. The City shall promptly notify the Hope Classic of any such claim, action or proceeding and shall cooperate fully in the defense of the same. Section 6.3 Claims Arising from Joint Acts or Omissions. The City and the Hope Classic, respectively, shall provide their own defense with respect to any claim, action or proceeding that arises out of the joint acts or omissions of the Parties arising from this Agreement. In such situation, both the City and the Hope Classic shall retain their own legal counsel and shall bear their own defense costs. Each Party shall waive any right to reimbursement of defense costs from the other. Section 6.4. Joint Defense. Notwithstanding the provisions of Section 5.3 above, the City and the Hope Classic may agree in writing to a joint defense of any claim, action or proceeding that arises out of the joint acts or omissions of the Parties. Any such agreement may provide that the Parties appoint mutually acceptable legal counsel to defend such claim, action or proceedings. In such a case, the Parties shall bear equally the cost of any joint defense and any amount paid by the Parties in settlement of, or as a result of a court judgment, arbitration or mediation award related to the claim, action or proceeding, if any. The Parties shall also share equally in any amount awarded to or received by both Parties in settlement of, or as a result of, a court judgment, arbitration or mediation award of such a claim, action or proceeding Neither Party may bind the other Party to any settlement of such a claim, action or proceeding, without the express written consent of the other Party. Section 6.5. Comparative Fault. Notwithstanding any provision contained herein to the contrary, in the event of any settlement, court judgment, or arbitration or mediation award that allocates or determines the comparative fault of the Parties, either Party may seek the reimbursement from the other Party, of defense costs, settlement payments, judgments or awards, that are consistent with such comparative fault to the extent that such settlement, judgment, award, payment or cost are not covered by insurance the Parties are required to maintain under this Agreement. SECTION 7. Entire Agreement; Amendment. Except as provided herein, this Agreement and the terms herein stated shall constitute the entire Agreement between the Hope Classic and the City and supersedes all prior written and verbal agreements, representatives, promises or understandings between the Parties. However, this Agreement 2284/015610-0002 324 969056.01 a06/25/09 •• shall not supersede the Amended Use Agreement entered into between the Agency and the Hope Classic on or about June 6, 2007. Any amendment to this Agreement, or its terms, must be made in writing and be executed by both Parties. SECTION 8. Assi nment. This Agreement or any interest of either Party herein shall not at any time after the date hereof, without the prior written consent of the other Party, be assigned or transferred. SECTION 9. Operational Contacts. The Hope Classic and the City shall provide each other with the names and telephone numbers of personnel that are responsible for the day to day operations of programs and facilities including after-hours contacts in the event of emergency situations. Said list shall be updated as needed based on personnel changes. SECTION 10. Notices. All notices, statements, demands, requests, consents, approvals, authorizations, appointments or designations hereunder by either Party to the other shall be in writing and shall be sufficiently given and served upon the other Party, if sent by United States registered mail, return receipt requested, postage prepaid and addressed as follows: City: City Manager City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 Hope Classic: Bob Hope Chrysler Classic, P.O. Box 865 Rancho Mirage, CA 92270 Attn: President Either Party may change its address by giving notice to the other Party in the manner provided for in this Section. SECTION 11. Waiver. The failure of either Party to insist upon strict performance of any of the terms, conditions or covenants in this Agreement shall not be deemed a waiver of any right or remedy for a subsequent breach or default of the terms, conditions or covenants herein contained. SECTION 12. Counterparts. This Agreement may be executed ,in two (2) or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one in the same Agreement. SECTION 13. Attorneys Fees. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorney's fees and all other costs of such action. SECTION 14. Applicable Law and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. Any legal action or proceeding brought to enforce the terms and provisions of this Agreement shall be brought in the Superior Court of the State of California, Riverside County or in the United States District Court, Central District of California. 2284/015610-0002 969056.01 a0625/09 .. 325 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement in duplicate originals as of the dates set forth below, DATED: ATTEST: Veronica J. Montecino, City Clerk APPROVED AS TO FORM: City Attorney, City of La Quinta APPROVED AS TO FORM Dave Erwin, Best Best & Krieger, Counsel for Desert classic Charities CITY OF LA QUINTA By: City Manager, City of La Quinta DESERT CLASSIC CHARITIES al 2284/015610-0002 969056.01 a06/25/09 326 EXHIBIT "A" PUBLIC SAFETY SERVICES To assist Hope Classic in the Police and Fire Public Safety efforts during the term of this agreement, the City agrees to pay for Police Services in an amount not to exceed $105,000 and for Fire and EMT Services in an amount not to exceed $25,000. These costs will provide a base level of public safety services for that portion of the 2010 Hope Classic Tournament held at the La Quinta courses. 2284/015610-0002 327 969056.01 a0625/09 EXHIBIT "B" SOLID WASTE DISPOSAL AND RECYCLING SERVICES In an effort to promote the green recycling efforts and maintain solid waste diversion mandates of the City of La Quinta (the "City") and to supplement funding for the Desert Classic Charities, dba Bob Hope Chrysler Classic ("Hope Classic"), the City agrees to pay for the waste and recycling fees in an amount not to exceed $15,000. 2284/015610-0002 969056.01 a06/25/09 328 EXHIBIT "C" 2010 BHCC IN KIND SPONSORSHIP Cooperative Marketing Programs 1. The BHCC and the City of La Quinta shall cooperatively work to develop a year round marketing program that will market the tournament and the City as a year round golf resort. Efforts shall include utilization of both the BHCC.com and PlayinLaQuima.com websites and to the extent feasible shall use paid search engines to drive traffic to each website. Each website shall have direct links to the other. Both BHCC and City shall use its best efforts to increase attendance and expand the reach of tournament promotion. 2. BHCC and City will use its best efforts to engage the La Quinta business community in the promotion and marketing of the tournament. This may include a La Quinta business expo exhibit which could feature restaurants and retailers. BHCC shall offer a prominent location at PGA West for La Quinta businesses and shall offer reduced rental rates (reduced rates shall be defined at a later date). The City shall provide a letter signed by the Mayor encouraging participation in support of BHCC from La Quinta businesses and residents. 3. The BHCC will assist the City and La Quinta hotels in developing BHCC hotel, tournament, and golfing package promotions by providing up to 150 Grounds Badges, and up to 500 daily tickets to La Quinta hotels for the sole purpose of joint advertising of hotel, tournament, and golfing packages for BHCC, local hotels, and the City. No value may be placed upon the badges and tickets other than their face value. BHCC Media & Advertising Plan 1. BHCC shall submit to City its detailed Media & Advertising Plan by September 15, 2009. 2. The BHCC Media & Advertising Plan shall outline media purchases, advertising mediums, run dates/frequency, size of advertisements, and length of radio/TV commercials. Plan shall not include rates/costs for media purchases. 3. Plan shall include enhanced regional marketing in an effort to drive more visitors to La Quinta from throughout Southern California. BHCC will work with the City on cooperative regional advertising that may include regional magazines and business journals (i.e., Los Angeles, Orange County, San Diego, and Inland Empire), area newspapers, and digital marketing all intended to yield value added coverage such as editorials and online exposure. 4. The BHCC will look into further expanding its marketing coverage in important Regional Drive-in Markets, inclusive of Los Angeles and Orange County. The City and BHCC will further discuss working together to form a cooperative effort, to market the City, the event, and the cities lodging to the driving distance market. 2284/015610.0002 •• 329 969056.01 a06/25/09 5. 2010 BHCC Tournament creative graphic design for ads, banners, posters, billboards, etc. shall be submitted to City for review and comment by October 1, 2009. This requirement for submission does not include generic Host Course, i.e. Palmer Private at PGA West, signs/signage produced for 2009 tournament that will be used again for 2010 tournament. 6. All artwork, radio spots, commercials, emails, graphics and other marketing - related tangibles involving City, SilverRock, or La Quinta hotelsibusinesses shall be submitted to City for review and comment with at least a two -working day turnaround time. This requirement for submission does not include generic Host Course, i.e. Palmer Private at PGA West, signs/signage produced for 2009 tournament that will be used again for 2010 tournament. Benefits to City of La Quinta Television Radio 1. The BHCC will exercise its best efforts to encourage "The Golf Channel" to include the City of La Quinta in its commercials, promotions, on -air mentions, and advertisements in connection with their broadcast of the BHCC. Should BHCC produce commercials, promotions, and advertisements exclusively for The Golf Channel, the City shall have the option to develop a City of La Quinta "tag phrase" that shall be incorporated into promotional material. The City will also provide a set of graphic guidelines for all City advertising/marketing handled by BHCC; said guidelines will outline use of City logos, scripts, photography, text, and dimensions of graphic elements. 2. City logo or City name will be graphically shown as "Host City" in video commercials on all targeted local and/or regional stations that might be run. 3. City logo or City name will be mentioned as "Host City" on all commercials that are run by the BHCC on Time Warner Cable's local channels. As an alternative to "Host City" the City may request the use of a marketing phrase such as "SHOP, DINE, STAY in La Quinta" in commercials. The BHCC will work with the City in developing commercials. City will provide BHCC with City 30-second spots for incorporation in Time Warner Cable broadcast. 4. BHCC will work to increase/leverage television coverage with other advertisers in an effort to reach a regional market. 1. City name will be mentioned as "Host City" in all local and/or regional radio advertising run by the BHCC. For BHCC produced radio commercials, promotions, and advertisements, the City shall have the option to develop a City of La Quints "tag phrase" that shall be incorporated into promotional material. 2. City name will be mentioned as "Host City" during any live remotes conducted by the BHCC. For BHCC produced radio commercials, promotions, and advertisements, the City shall have the option to develop a City of La Quinta "tag phrase" that shall be incorporated into promotional material. 2284/015610-0002 330 969056.01 a06/25/09 '� Print 3. If a radio live remote is scheduled to be held in the City prior to or during the 2010 BHCC, the City name will be mentioned as "Host City" during that live remote. Promotion will include popular local DJ as the emcee and special guests including, but not limited to, the Bob Hope Classic Girls. Radio promotion to include interview with the Mayor or a SilverRock representative. For BHCC produced radio commercials, promotions, and advertisements, the City shall have the option to develop a City of La Quinta "tag phrase" that shall be incorporated into promotional material. 1. City logo or City name will be written as "Host City" in all BHCC ads to be nm in The Desert Sun newspaper. As an alternative to "Host City," the City may use a marketing phrase such as "SHOP, DINE, STAY in La Quinta" to the extent possible. The City will also provide a set of graphic guidelines for all City advertising/marketing handled by BHCC; said guidelines will outline use of City logos, scripts, photography, text, and dimensions of graphic elements. 2. City logo or City name will be written as "Host City" in all regional or national publications that the BHCC advertises in. As an alternative to "Host City" the City may use a marketing phrase such as "SHOP, DINE, STAY in La Quinta" to the extent possible. The City will also provide a set of graphic guidelines for all City advertising/marketing handled by BHCC; said guidelines will outline use of City logos, scripts, photography, text, and dimensions of graphic elements. 3. City logo or City name will be written as "Host City" on all five pairings sheets, one four (4) day and four (4) single day pairing sheets. As an alternative to "Host City" the City may use a marketing phrase such as "SHOP, DINE, STAY in La Quinta" to the extent possible, and as mutually agreed upon by BHCC and City to promote the City of La Quinta in the best light possible. The City will also provide a set of graphic guidelines for all City advertising/marketing handled by BHCC; said guidelines will outline use of City logos, scripts, photography, text, and dimensions of graphic elements. 4. BHCC Commemorative Program: City entitled to a 4-page editorial about the City of La Quinta in addition to a welcome letter signed by the Mayor to be displayed inside the front section of the program; City to provide camera ready art work. 5. City logo or City name will be written as "Host City" on a variety of signage prepared for the tournament. Details include: on -course directional signs, banners located in and around Old TownNillage area, and other signs throughout the City of La Quinta. As an alternative to "Host City" the City may use a marketing phrase such as "SHOP, DINE, STAY in La Quinta" to the extent possible, and as mutually agreed upon by BHCC and City to promote the City of La Quinta in the best light possible. The City will also provide a set of graphic guidelines for all City advertising/marketing handled by BHCC; said guidelines will outline use of City logos, scripts, photography, text, and dimensions of graphic elements. 6. City logo or City name will be written as "Host City" on the official tournament poster. As an alternative to "Host City" the City may use a marketing phrase such 2284/015610.0002 i,.... 331 969056.01 a0625/09 Web as "SHOP, DINE, STAY in La Quinta" to the extent possible, and as mutually agreed upon by BHCC and City to promote the City of La Quinta in the best light possible. The City will also provide a set of graphic guidelines for all City advertising/marketing handled by BHCC; said guidelines will outline use of City logos, scripts, photography, text, and dimensions of graphic elements. 1. City and BHCC shall work cooperatively to promote "SHOP, DINE and STAY in La Quinta" in the re -designed BHCC website. 2. All hotels within the City of La Quinta will be featured in the Lodging section of the BHCC website. 3. There will be an active link to get to the City's tourism website (www.PlayinLaQuinta.com) directly from the BHCC website. 4. The City will have a prominent position on the BHCC's website, www.BHCC.com, from November 2009 through January 2010, which may include an active Banner. The banner will have a direct link to the City's tourism website. 5. BHCC//hotel/golf packages will be developed in coordination with BHCC, the Arnold Palmer Classic Course at SilverRock, and La Quinta hotels; and posted on respective parties' website to promote stay and play in La Quinta during and/or after the BHCC. Electronic 1. BHCC and City will work cooperatively to utilize electronic marketing, including but not limited to email blasts to increase marketing of BHCC and City. 2. Use BHCC email blasts to promote hotel packages and other BHCC, City, SilverRock, shop/dine/play/stay La Quinta marketing efforts. 3. Tap into Southern California Golf Association/FORE membership email via BHCC connection to promote hotel packages and other BHCC, City, SilverRock, shop/dine/play/stay La Quinta marketing efforts. Events & Other Promos 1. The BHCC will make best efforts to open the Bob Hope Store and participate in a Museum exhibition within the City of La Quinta for the 2010 event. 2. The City business community, including hotels will be given the opportunity to utilize and host a hospitality tent on the 181h fairway of the Host Course. The participating businesses will be responsible for the hard costs associated with the building and catering of the structure. The BHCC will waive any and all sponsorship fees that are typically part of the hospitality structures. 3. The City will be given twelve Bob Hope Club Memberships. 4. The BHCC will provide special guests (PGA Tour Players, Celebrity Guest) to attend a Mayor's luncheon or breakfast if the event is planned at a mutually 2284/015610-0002 969056.01 a06/25/09 agreeable time during the lead up to the event. BHCC will consider providing the venue during a practice round of the 2010 BHCC. 5. The BHCC will work with the City of La Quinta to expand upon the "City of La Quinta Day" during the BHCC. The number of tickets will be increased and associated with the special day for La Quinta residents. Additional concepts to make the day special to residents of La Quinta shall be pursued by City and BHCC. 6. The BHCC will host the Charity Check Distribution event within the City of La Quinta again at a mutually agreed upon location. 7. City, in coordination with BHCC and City marketing partners, shall explore the possibility of hosting a small welcome reception for Golf Channel crew members. Benefits to BHCC 1. Assist the BHCC in Police and Fire Public Safety efforts. The city agrees to pay for all Police Services within La Quinta City Limits that have to do with the BHCC in an amount not to exceed $105,000. The city agrees to pay for all fire and EMT services that take place within La Quinta that have to do with the BHCC in an amount not to exceed $25,000. 2. In an effort to promote the green recycling efforts and maintain solid waste diversion mandates of the city of La Quinta and to supplement funding for the BHCC the city agrees to pay for the waste and recycling fees in an amount not to exceed $15,000. 3. In an effort to promote the City of La Quinta and its association with the Bob Hope Chrysler Classic, the city agrees to focus a percentage of its budgeted marketing dollars to be used in joint or co -promotions with BHCC, SilverRock Resort and La Quinta businesses. The ads will' include at a minimum the BHCC Name, Dates, Website, and Phone number. This will not only help to bring people into the city, but will help solidify and build the reputation of the city as host to one of the longest running PGA Tour events. The city and BHCC agree to meet and further develop a joint marketing plan. 4. The BHCC will have a prominent position on the City's "www.PlayInQuinta.com" website, from November 2009 through January 2010. The BHCC will receive an active Banner during this time frame. The banner will have a direct link to the BHCC Website. 5. In an effort to keep the streets running and moving in the safest and most efficient manner during the BHCC, The city of La Quinta agrees to supply four (4) traffic safety message boards provided the City does not have a traffic safety event elsewhere in the city during the BHCC. 6. The city will use the Public Works department to install the Street Banners that promote the event and the City of La Quinta's affiliation with the BHCC within the Village. 2284/015610-0002 333 969056.01 a06/25/09 EXHIBIT "D" IN -KIND SERVICES In an effort to move traffic in the safest and most efficient manner possible during the Hope Classic, the City of La Quinta agrees to supply four (4) traffic safety message boards provided the City does not have a traffic safety event elsewhere in the City during the Hope Classic. 2. The City's Public Works Department will install the Street Banners that promote the event and the City of La Quinta's affiliation with the Hope Classic within the Village. 2284/015610-0002 334 969056.01 a0625/09 ATTACHMENT City of La Quinta the Bob Hope Classic Visitor Profile Survey ROSE INSTITUTE OF STATE AND LOCAL GOVERNMENT CLAREMONTMCKENNACOLLEGE 9 �q Market �r p � k E £�'� • Coachella • ll ,,A February 2009 335 TABLE OF CONTENTS EXECUTIVE SUMMARY 3 Methodology 4 DETAILED FINDINGS Top of Mind Perception 5 Purpose and Length of Stay 6 Lodging 7 Reservations 8 Transportation 10 Information and Advertising 10 Activities and Spending 13 Number of Visits and General Impression 16 Recommend and Return 21 Demographics 24 ABOUT THE ROSE INSTITUTE 27 SURVEY INSTRUMENT 28 EXECUTIVE SUMMARY 2 336 Most of those surveyed rated the City of La Quinta and the Bob Hope Classic very highly, with 89.1% reporting a positive experience during their stay and at the golf tournament. While many respondents bad previously visited La Quinta, the Hope Classic, or the Coachella Valley, 53% said that their opinion of the area had improved following their most recent trip. Almost half the survey respondents stayed for several days, with 46.5% staying a week or more in the Valley. These extended stays seem to be facilitated by having friends or family in the area, as 43.6% reported that they spent $0 on lodging per day while exactly 50% of those who said they lodged in La Quinta stayed with family or friends. Similarly, when planning their trip, 24.9% said they consulted family or friends while 38.3% said they were already familiar with the Coachella Valley. Survey results indicate a solid number of repeat visitors to La Quinta with 45% making five or more trips to the city while 53.4% said they made five or more trips to other Coachella Valley cities during the past five years. During their stay, survey respondents participated in a variety of activities and made several purchases for goods and services each day. An impressive 86.8% said that they dined out during their stay while 70.7% said they went shopping. Just over a quarter at 27.2% said they enjoyed the night life of clubs and bars while 24.1 % said they gambled in local casinos. Exceptionally few respondents engaged in business activities on their trip, with only 2.9% attending a convention and 4.6% reporting that they conducted business during their stay. Survey respondents' per day expenditures in the City of La Quinta averaged $90.97 for lodging, $107.70 for food and drink, $81.96 for shopping and gifts, and $88.03 on recreation, entertainment and special events. While 43.6% said they spent $0 per day on lodging, 42.7% said they spent $51 a day or more on accommodations during their stay. Similarly, 32% reportedly spent from $0 to $45 a day on food and drink while 39.5% spent $100 or more per day on those expenses. Most of those surveyed made daily expenditures on shopping or gifts with only 5.4% spending less than $10 per day on shopping. While 27.7% spent $20 to $40 on shopping per day, 39.2% spent $50 to $100 and 16.1 % spent $140 or more on shopping each day. Just under half of those surveyed at 47% reported that they spent $50 to $100 a day on recreation expenses. Survey demographics suggest that most visitors to the Hope Classic were relatively wealthy, with 52.4% reporting income of $100,000 a year or more. While 38.6% said their income was between $50,000 and $100,000 a year only 9% said they earned less than $50,000. Visitors also tended to skew older as almost half of those surveyed at 43.8% said they were retired while 53.5% of respondents said they were born before 1950. Nearly 90% said they had no persons in their immediate party under the age of 18. Methodology u.... 3 3 _, The Rose Institute conducted a survey of La Quinta visitors and 50th Bob Hope Classic attendees via email during February 2009. Respondents answered 50 questions related to their overall experience in La Quinta and at the Hope Classic while also providing information about their accommodations, expenditures, travel arrangements, and demographic profile. Out of roughly 700 email addresses provided to the Rose Institute, 219 people responded to the survey. Question responses varied in number due to the relevance to the respondent, for instance whether or not the respondent was a first time visitor to La Quinta, or by personal choice to not answer some questions on the survey. The complete survey instrument is included at the end of the report. Top of Mind Perception ... 338 Question 1: Brief Description of Experience at Bob Hope Classic and City of La Quinta Nearly 90 percent of survey respondents gave very positive reviews to the Bob Hope Classic as well as the time spent in the City of La Quinta. Nearly 70 percent said that they had a very enjoyable experience, had a great time, or felt that the event was excellent. Another 8.5% specifically highlighted how well organized and well -run the golf tournament was. Similarly, 9.4% mentioned how much they enjoyed being spectators at the tournament or the opportunity to see the pros up close. A handful of respondents at 2.4% mentioned how much they enjoyed the weather in La Quinta. Only 9% rated the event as fair while 1.9% were negative or critical. These respondents generally stated that the tournament was fine except for certain annoyances such as high food and beer prices, poor food vendors, the need for more bleachers, inadequate directions to the event, and police speed traps. The negative responses did not specifically elaborate why they had a bad experience. Purpose and Length of Stay 339 Question 2 Primary Purpose of Trip to Coachella Valley `ga\oc c° c10c ��Ja ey\aectie Ors` J � 0 S Several responses were given as to the primary purpose of visiting the Coachella Valley. Nearly half the respondents at 42.4% said they were visiting the Valley to attend the Bob Hope Classic while 25.2% said they were on vacation. A high number of seasonal residents were surveyed at 8.3% while 11.7% said they were visiting family and friends. Another 7.8% said they were in the Valley for recreation while only 1.9% said they were here on business. Question 3: Overnight or Day Trip Almost three out of four respondents said that their trip to the Coachella Valley was an overnight trip as opposed to a day trip. Only 25.5% said they were only in the Valley for the day. Lod in 340 Question 4: Number of Nights Spent at Coachella Valley 30% 27 She Oa 701. 20% 10% 0% Oto3 4to6 7to9 10 to16 30+ There was a broad range in the number of nights respondents stayed in the Coachella Valley. A majority of respondents stayed less than a week in the Valley, with 25.7% staying four to six days and 27.8% staying from zero to three days. For those who stayed over a week, 21.5% stayed from seven to nine days, while 11.8% stayed from 10 to 16 days. An impressive 13.2% of respondents said they stayed 30 or more days in the Valley, suggesting a healthy number of attendees stay for extended periods of time. Question 5: Did you stay in La Quinta? Only 29.2% of respondents said they stayed overnight in La Quinta during their trip to the Valley. The remaining 70.8% stated that they lodged somewhere else. Reservations 341 50% 25% 0% Question 6: Lodging in La Quinta 50.0% La Quinta Resort Embassy Suites Hilton Homewood La Quinta Inn Rental Home Friends/Family Of those respondents who said they stayed in La Quinta, exactly half said they stayed at the homes of friends or family while 12.1 % said they stayed in a rental home. Of those who stayed at a hotel, 29.3% stayed at the Hilton Homewood Suites, while 3.4% stayed at the La Quinta Resort, 3.4% at Embassy Suites, and 1.7% at the La Quinta Inn. 30% 20% 10% 0% Question 7: How Many Days in Advance Lodging Reservations Were Made 25.7% 0 to 10 14 to 30 40 to 90 120 to 200 210+ Most of those surveyed arranged their lodging reservations less than a month before the start of the Bob Hope Classic. Only 25.7% booked their lodgings two weeks to a month before the tournament, while 22.9% made their reservations from zero to ten days before the event. Almost a quarter of respondents at 23.9% reserved their accommodations from 40 to 90 days before the Classic, while 16.5% booked 120 to 200 days out. Only 11% of those surveyed made reservations 210 or more days before the tournament. 342 32% 24% 16% 8% 0% Question 8: How Reservations Were Made Phone Internet Travel Agent Group Business Timeshare Family/Friends Other When asked about how they made their lodging reservations, 30.2% said they used the Internet while 22.4% called the hotel directly. Only 6% made their reservations through a group or club. Several respondents listed "other." Of those, 15.5% said they arranged their accommodations with family and friends while 12.1 % either own homes in the Valley or have a timeshare. 40% 30% 20% 10% 0% Question 9: Sites Used to Make Internet Reservations HoteVrimeshare Sites Expedia /Priceline VRBO/RCI Google/Yahoo Airlines Of those who made their lodging arrangements via the Internet, 37.8% said they used specific hotel or timeshare Web sites such as Hilton or Marriott while 16.2% used travel aggregation Web sites such as Expedia, Priceline, or Hotwire that allow the customer to book their hotel accommodations along with their airfare. Just under a quarter of respondents at 24.3% used Vacation Rentals By Owner (VRBO.com) or Resort Condominium International (RCI.com) to arrange timeshares in local condominiums. Only a handful at 10.8% arranged their lodging through their airline Web sites while 8.1% said they used search engines Google or Yahoo for their accommodations. 343 Transaortation 80% 60% 40% 20% 0% Question 10: Primary Method of Travel 66.3 % Airplane Personal Vehicle RV Other Most respondents said they traveled to the Coachella Valley in their own personal vehicle, with 66.3% saying they traveled by car, pick-up, or motorcycle. Only 25.6% traveled by air while 7.5% came by RV. No respondent said they came on a scheduled bus, a chartered bus, or by train. Information and Advertising Question 11: Source that Piqued Interest in Coachella Valley 50% 43.88% 40% 30% 20% 10% 0% \Oo anti `ce �q cti oe �o z� Qi When asked what initially piqued their interest -in visiting the Coachella Valley, 42.9% of those surveyed said they had prior experience in the area while 36.7% said their friends or family suggested they make a visit to the region. Only a handful at 3.1% decided to visit the Valley based on something they saw on the Internet. No one listed the radio, billboard, or AAA travel guidebooks as piquing their interest while only three people said a magazine ad, travel professional, or visitor brochure sparked their curiosity. Of the 12.8% who listed "other," roughly half said they were drawn by the Bob Hope Classic or got a recommendation from someone that they visit La Quinta. 10 344 40% 30% 20% 10% 0% Question 14: Primary Source of Information Used to Plan Trip weYce� �\ce INa Aec`' racz oov- oov- Yea " K S �a0 a�Q ,e\P 0Yo` \az0 raYO ce�P O` �f- Regarding the primary information source respondents used to plan their most recent trip to the Coachella Valley, 38.3% replied that they were already familiar with or had had prior experience in the area. Similarly, 24.4% said that they relied on friends or family to help plan their trip. An impressive 30.1% replied that they used the Internet as the primary information source while 2.6% referred to visitor pamphlets or brochures. Only a handful of respondents said they used a magazine, guide book, travel professional, or AAA travel book to plan their stay in the Valley. Travel Arrangements Lodging Dining Spas Sports Other Recreation Events/Attractions Maps/Directions Schedules Weather No use of Internet Other Question 17: Type of Information Searched for on the Internet 0% 10% 20% 30% 40% 40.9% 50% As to what type of information those surveyed sought on the Internet, 40.9% said they looked up maps and directions while 34.1% searched for sport activities such as golf and tennis to help arrange their trip. Several people searched for lodging and dining at 29% and 27.3% respectively while 22.7% searched for travel arrangements. Of the 11.4% who listed other, they most frequently looked for information about the Bob Hope Classic or the local weather. 11 345 _' n7s [: I ..r •• •n- iti .ram e • • .. n r. When asked if they had seen or heard any advertisements about the City of La Quinta, 62.4% of those surveyed said they had not heard or seen any ads for the city while 37.6% said they had. In sharp contrast, 87.2% said that they had seen or heard ads for the Bob Hope Classic in the past year while only 12.8% had not. Just under a quarter of respondents said that they had seen or heard ads for the SilverRock Resort in the past year while 75.4% said they had not. 12 346 Activities and Spending Convention Special Event Business Dining Out Nightlife Gambling Spas Sports Recreation Concerts Shopping Sightseeing Museums Friends/Family National Parks Question 21: Activities Participated in While in the Coachella Valley 0% 15% 30% 45% 60% 75% 90% The survey respondents participated in a wide variety of activities during their stay in the Valley. An impressive 86.8% said that on their trip they dined out while 70.7% said they shopped. Around half of the respondents said they visited friends or family, attended a special event, or participated in a sport. As for other recreational activities, 24.3% engaged in an outdoor activity like hiking or biking, 27.2% enjoyed the night life of clubs or bars, and 24.1% gambled in the local casinos. Exceptionally few respondents engaged in business activities on their trip, with only 2.9% attending a convention and 4.6% conducting business. $110 $55 $0 Question 22: Average Amount of Money Spent Per Day Lodging Food & Drink Shopping & Gifts Entertainment & Events Daily expenditures in the City of La Quinta averaged $90.97 for lodging, $107.70 for food and drink, $81.96 for shopping and gifts, and $88.03 on recreation, entertainment and special events. 13 347 50% 40% 30% 20% 10% 0% Question 22: Daily Lodging Expenditures $0 $1 -$50 $51-$120 $125-$200 $250+ A significant 43.6% reported that they spent zero dollars on lodging. This is reflective of the answer to Question #6 in which half the respondents said they stayed with family and friends. Of those who paid for lodging, 20.5% spent $125 to $200 a day for their accommodations, while 13.7% spend from $1 to $50 a day and 12.8% spent $51 to $120 each day. Only 9.4% spent $250 or more dollars on their lodgings. 40% 30% 20% 10% 0% Question 22: Daily Food and Drink Expenditures $0-$45 $50 $60-$80 $100 $120-$150 $200+ Daily expenses for food and drink seem to reflect the expenses for lodging, with 32% of respondents spending $45 or less a day for food and beverages. This small amount spent on food may suggest that many of those staying with family and friends have their meals supplemented or provided at their accommodations. A solid 19% said they spent $50 a day on food and drink, 7.5% said they spent $60 to $80 per day, and 17.7% said they spent $100 a day. Only 6.8% reported that they spent $120 to $150 a day while 15% said they spent $200 or more for food and drink. 14 348 30% 20% 10% 0% Question 22: Daily Shopping/Gifts Expenditures $0 $1-$10 $20-$25 $30-$40 $50-$80 $81-$100 $140-$200 $250+ Expenses for shopping showed that most respondents made several purchases each day. Like lodging and food expenses, 11.5% said they spent zero dollars but only 5.4% said they spent less that $10 each day on shopping and gifts. Most respondents made several daily purchases with 17.7% spending $20 to $25, 21.5% spending $50 to $80, and 17.7% spending $81 to $100 on shopping and gifts each day. An impressive 16.1% spent $140 or more a day on shopping. 30.0% 22.5% 15.0% 7.5% 0% Question 22: Daily Recreation Expenditures $0 $1 - $45 $50 $60 - $100 $120 - $200 $220+ The majority of respondents at 57.6% spent $50 or less per day on recreation. A quarter of those surveyed spent $60 to $100 while 17.4% spent $120 or more each day to engage in recreational activities. 15 .... 349 Number of Visits and General Impression Question 23: First trip to the Coachella Valley 50% 25% 0% Four out of five of respondents said that their most recent trip to the Coachella Valley was not their first to the area as an adult. Only 18.6% said it was their first trip to the area. Question 24: Impression of the City of La Quinta Prior to Visit No Impression/Unfamiliar Nice Community Resort/Golf Tournament Other First time visitors generally had positive impressions of La Quinta prior to their visit. Nearly half at 47.8% said that they had heard La Quinta was a beautiful community. Many respondents, at 30.4%, said they had no impression or were unfamiliar with the city before their visit. Another 8.7% mentioned that they Icnew the Hope Classic was held in La Quinta. 16 350 5-7 10+ Question 26: Number of Trips Made to La Quints in the Past Year 0% 10% 20% 30% 32:5% 40% Repeat visitors averaged 2.46 trips to La Quinta in the past year. Just over a quarter of respondents at 28.4% said they hadn't made a trip to La Quinta in the past 12 months while 32.6% said they had made only one. More frequent visitors tended to be a smaller portion of the overall total, with 15.6% making two trips and 16.4% making three to seven trips in the past year. An impressive 7.1% said that they had made ten or more trips in the past year. 10+ Question 27: Number of Trips Made to Coachella Valley Cities in the Past Year 0% 10% 20% 30% When repeat visitors were asked how many trips they made to other cities in the Coachella Valley over the past year, the average response was 3.95 trips. As before, a large portion of respondents at 28.3% said they hadn't visited any other Valley cities in the past year while 28.3% said they only made one trip to the area over the past 12 months. Fewer respondents made frequent visits to other Valley cities with only 13.8% making two trips and 7.2% making three trips. While few respondents made between four and nine trips, 10.9% made ten or more trips to other Valley cities in the past year. 17 351 G 2 3 4 5 6-12 15-20 25 - 80 Question 28: Number of Trips to La Quinta in the Past Five Years 0% 5% 10% 15% 4% 16.2% 20% Repeat visitors averaged 8.07 trips to La Quinta over the past five years. A surprising number of respondents made numerous trips to La Quinta with 13.2% making six to twelve trips, 8.8% making 15 to 20, and 7.4% making between 25 and 80 trips to the city in the past five years. This seems to suggest a number of "snowbird" respondents who maintain private or second homes in the city. Less frequent visitors still made up a sizable portion of those surveyed, with 16.2% making five trips and 15.4% making three trips to La Quinta over the past five years. 0 2 3 4 5 6-15 20 - 40 50+ Question 29: Number of Trips Made to the Coachella Valley in the Past 5 Years 0% 5% 10% 15% 20% 23.1 25% Repeat visitors surveyed average 12.39 trips to other Coachella Valley cities over the past five years. This high visitor frequency is reflected in total visits, with 15.7% visiting other Valley cities five times and 23.1% visiting between six and 15 times in the past five years. Less frequent visitors who made four or less trips to other Valley cities in the past years comprised 44.8% of those surveyed. ID 352 50% 40% 30% 20% 10% 60% 45% 30% 15% 0% Question W. Impressions of the Valley After Most Recent Trip Question 31: Rating La Quints 1 (Poor) 2 3 4 5 (Excellent) Question 32 Rating the Hope Classic 58.1 % 1 (Poor) 2 3 4 5 (Excellent) 19 Based upon their current trip experience, survey respondents had generally positive impressions of the area. An impressive 52.9% said that their impressions had improved due to this trip while 42.9% said that their views of the area remained the same. Only 4.1% said that their opinion of the area had declined due to their experiences from their latest trip. When survey respondents were asked to rate their overall experience in the City of La Quinta they generally responded quite positively, giving an average rating of 4.26 with 45.3% rating the city a "5" or "excellent." Similarly, 39.5% rated the city as a "4" and 12.8% gave it a "3." Only 1.7% rated the city with a "I" or a generally "poor" overall experience. Respondents rated their overall experience at the Bob Hope Classic extremely positively, with an average rating of 4.39 and 58.1% giving the tournament a "5" or "excellent' rating. Another 28.7% rated the tournament with a "4" while only 2.4% said their overall experience was a "I" or "poor." 353 Traffic Cheaper Prices More Shopping Less Police Signage Other Nothing Question 33: One Thing to Change in La Quinta ' 0% 10% 20% 30% 33.3% 40% In response to an open-ended question that asked if they could change one thing about La Quinta as a place to visit, 33.3% of respondents said "nothing." Several respondents, comprising 14.3% of the total, mentioned problems with parking and traffic while 4.8% mentioned specific problems with the heavy police presence at the tournament. Other respondents at 11.4% suggested cheaper lodging and food prices along with reduced golfing fees. Many of those surveyed gave responses that didn't fall into the general categories, suggesting direct flights from distant locations, more bike lanes, more opportunities for recycling, and, in one case, "less wind." These "Other" responses comprised 21 % of the comments made. 20 354 Recommend and Return Question 34: Likeliness to Return to the Bob Hope Classic Next Year Definitely - (19.7% Very Likely _ E I Possibly 1 i i Unlikely 10.4% i Very Unlikely 5.2% 0% 10% 20% 25.4% 30% 40% When asked how likely are you to return to the Bob Hope Classic next year, 19.7% said that they were definitely coming back while 39.3% said it was very likely they would return. Roughly a quarter responded they would possibly attend next year while 10.4% said it was unlikely and 5.2% said it was not likely they would return. Other Plans No Time Too Far/Inconvenient Travel Somewhere Else Financial Reason Don't Like the Area Had a Bad Experience Will Visit at a Later Date Other Question 35: Reason for Not Returning to the Bob Hope Classic 0% 10% 20% 25.7% 30% As to why some of those surveyed said they were not likely to return to the Bob Hope Classic next year, 25.7% said they have other plans while 20% said they would visit again but at a later date. A fair number at 11.4% said they were unlikely to return due to financial reasons while a handful who chose to enter a separate reason said they would be less likely to return if the tournament doesn't improve or land higher -caliber professional golfers. 21 355 Question 37: Single Most Important Factor For Another Visit to La Quinta The Bob Hope Classic Golf Lower Green Fees Lower Prices in General Friends/Family Weather Location Could Afford More Vacation More Events in the Area Nothing/Unsure Will Never Come Again Other 0% 4% _ 8% 12% 16% Respondents offered several opinions on the single factor that would most encourage them to visit La Quinta more frequently in the future. The most frequent response at 24.4% was better golf events or easier access to the city's fine golf courses. Along similar lines, 23.7% said they would be more likely to return if there were bargains or reduced prices on lodging or tournament tickets and especially on green fees. Weather was frequently mentioned at 18.3% as a major factor in return to La Quinta as were better accommodations at 11.5%. Question 38: How Likely to Recommend Bob Hope Classic to Friend or Relative Definitely Very Likely Possibly Unlikely Very Unlikely 0% 10% 20% 30% 40% 44.1 % 50% Most of those surveyed said they would be likely to suggest attending the Bob Hope Classic to friends or relatives. An impressive 44.1% said they would definitely recommend the event to their friends while 40% said they would be very likely to recommend it. Only 4.1 % said they were not at all likely to endorse the Bob Hope Classic to their acquaintances and relatives. 22 356 Definitely Very Likely Possibly Unlikely Very Unlikely Question 39: How Likely to Recommend the City of La Quinta as Place to Visit 0% 10% 20% 30% 35.5% K9% 40% Many respondents said they would recommend La Quinta as a place to visit with 35.5% saying they would definitely recommend the city and 34.9% very likely to recommend La Quinta to others. Another quarter said they would possibly suggest La Quinta to others while only 1.7% said they were not at all likely to suggest La Quints to their friends and family. 23 357 DemolrraOics Question 40: Number of Adults over the Age of 18 50% 41.18% 25% 0% s0% 45% 0% 89 Question 41: Persons Under Age 18 0 1 2 3 6 Question 42 Primary Residence As to how many adults age 18 and older were in their immediate party, 41.2% of respondents said they had two adults while 11.2% had three, 22.4% had four, and 12.4% had five or more. Only 12.9% said their party consisted of zero to one adult over age 18. Nearly 90% of those surveyed had no persons in their immediate party under the age of 18. Only 4.3% said they had one person under 18 while another 4.3% said they had two. Question 43: Canadian Visitors by Province Regarding residence, 79.9% of respondents said they resided in the United States while 20.1% lived in a foreign country. Those listing foreign residences, with only one exception, came from Canada. Of those, 41.2% reside in Alberta and 32.4% live in British Columbia. 24 358 Question 45: U.S. Visitors by Region An analysis of the respondent zip codes showed that 43.5% of those who reside in the U.S. live in California. There were also strong showings from the Rocky Mountain states at 16.8% and the Pacific Northwest at 10.7%. Midwesterners, stretching from Nebraska to Ohio, comprised 19.1% of the respondents, with only 10.7% and 2.3% coming from the South and Northeast respectively. Question 46. Employment Status Full -Time Part -Time Self -Employed Retired Unemployed Other 43.8% 0% 10% 20% 30% 40% 50% Over a quarter of those surveyed were employed full-time, with 8.3% employed on a part-time basis. Most respondents were retired, comprising 43.8% of the total while 14.8% were self- employed or owned their own businesses. Only one person said they were unemployed. 90% 60% 30% 0% Question 47. Marital Status Single Married Widowed Cohabiting Divorced ' &i An impressive 83.4% of respondents said they were married, with only a few reporting they were single, widowed, cohabiting, or divorced. 359 45% 30% 15% 0% Question 48: Date of Birth by Decade 1920s 1930s 1940s 1950s 1960s 1970s 1980s 1990s The average age of those surveyed was 58.5 years old, with eldest person 87 years old and the youngest only 18, and a median age of 61. The respondents were heavily skewed towards the middle-aged, with 42.6% born in the 1940s, 26.8% born in the 1950s, and 13.4% born in the 1960s. Only eight people surveyed were born after 1970. less than $50,000 $50,000 to $100,000 $100,000 to $150,000 $150,000 or more Question 49: Annual Household Income (Before Taxes) 0% 10% 20% 30% 1 3 .6% 40% Regarding the household income of those surveyed, 69.6% earned between $50,000 and $150,000 a year in income before taxes, with 38.6% falling between $50,000 and $100,000 and 28.3% earning between $100,000 and $150,000. Only 9% said they earned less than $50,000 in income. Significantly, 24.1% made $150,000 in pre-tax income, suggesting that attendees were generally moderately wealthy high -income earners. Question 50: Gender Visitors surveyed were 59.6% male and 40.4% female. 26 360 ROSE INSTITUTE OF STATE AND LOCAL GOVERNMENT -] CLAREMONTMM NACOLLEGE The Rose Institute of State and Local Government is located at Claremont McKenna College in Claremont, California. The Institute has specialized in economic survey research for over 25 years, having conducted surveys in cities and regional areas throughout Southern California. The Institute is also known for its work in demographic research, fiscal and economic impact analysis, political redistricting, and regulatory policy studies. Rose Institute Personnel: Dr. Ralph A. Rossum Salvatori Professor of American Constitutionalism Claremont McKenna College Director, Rose Institute Project Manager: G. David Huntoon Fellow, Rose Institute Marionette Moore Administrative Assistant Brad Jensen Research Associate Emily McNab Student Researcher Emily Forden Student Researcher Contact Information: Adams Hall, 340 E. Ninth Street Claremont, California 91711-6420 Phone: (909) 621-8159 Fax:(909) 607-4288 E:mail: roseins d tutegclaremontm ckenna. edu www.claremonttnckenna.edu 27 361 SURVEY INSTRUMENT City of La Quinta - Bob Hope Classic Visitor Profile Study - Questionnaire In field: February 2, 2009 Top of Mind Perception 1. In a few words, how would you describe your experience at the Bob Hope Classic and in the City of La Quinta? (open-ended) Purpose and Length of Stay 2. What was the primary purpose of your trip to the Coachella Valley? ❑ Attend the Bob Hope Classic ❑ Vacation ❑ Recreation (golf, tennis, hiking, horseback riding, etc.) ❑ Business ❑ Convention / trade show / conference / reunion / seminar ❑ Visit friends or family ❑ Other, please specify: 3. Was your trip to the Coachella Valley an overnight trip or day trip? ❑ Overnight trip ❑ Day trip (skip to Q10, do not ask lodging questions) Lodging — Overnight trip 4. (If overnight): How many nights did you spend in the Coachella Valley? By nights, mean the number of nights you spent in a hotel or other accommodations, not the number of days in the area. Number of Nights: 5. Did you stay in La Quinta? ❑ Yes ❑ No 6. If yes, where: ❑ La Quinta Resort ❑ Embassy Suites ❑ Hilton Homewood Suites ❑ La Quinta Inn ❑ Rental home in La Quinta ❑ Home of friends or family (Skip to Question 10: TRANSPORTATION section) 28 362 Reservations — Overnight trip 7. How far in advance of your arrival did you make your lodging reservations? 8. Number of Days: How did you make your reservations? ❑ Called the hotel/motel/other lodging directly ❑ Internet, please specify site: 9. ❑ Travel Professional ❑ Tour Operator ❑ Organized group or club ❑ Airline ❑ My business or company ❑ Other Transportation 10. What was your primary method of travel to the Coachella Valley? ❑ Air ❑ Personal vehicle (car, pick-up, motorcycle) ❑ RV ❑ Scheduled Bus (e.g., Greyhound) ❑ Chartered Bus / Motorcoach (Group tour) ❑ Train ❑ Other Information and Advertising 11. What source initially piqued your interest to consider taking a trip to the Coachella Valley? ❑ Television ❑ Radio ❑ Billboard ❑ Internet ❑ Magazine, specify (12). ❑ Friends or family ❑ Travel professional ❑ Visitor pamphlet/brochure ❑ AAA travel guide/book ❑ Other guide/tour book, specify (13). ❑ Prior experience / already knew area ❑ Other source, specify 29 363 14. What primary source of information did you use to plan your most recent trip to the Coachella Valley area? ❑ Internet ❑ Magazine, specify (15). ❑ Friends or family ❑ Travel professional ❑ Visitor pamphlet/brochure ❑ AAA travel guide/book ❑ Other guide/tour book, specify (16). ❑ Prior experience / already knew area ❑ Other source, specify 17. For what type of information about your trip did you search on the internet? (Please check all that apply) ❑ Travel arrangements ❑ Lodging ❑ Restaurants / dining ❑ Spa / wellness centers ❑ Sport activities (golf, tennis, etc.) ❑ Outdoor recreation (hiking, horseback riding, jeep tours, etc.) ❑ Special events, attractions, tours ❑ Maps / directions ❑ Schedules ❑ Other, specify 18. In the past 12 months, have you seen or heard any advertisements about the City of La Quinta? ❑ Yes ❑ No 19. In the past 12 months, have you seen or heard any advertisements about the Bob Hope Classic golf tournament? ❑ Yes ❑ No 20. In the past 12 months, have you seen or heard any advertisements about SilverRock Resort? ❑ Yes ❑ No 364 Activities and Spending 21. While in the Coachella Valley, did you participate in any of the following activities? (Read each item, select all that apply) E N(fi Attend a convention, trade show, seminar, or reunion ❑ ❑ Attend a special event or festival ❑ ❑ Conduct business ❑ ❑ Dine out ❑ ❑ Enjoy the nightlife at bars or clubs ❑ ❑ Gamble ❑ ❑ Go to a spa ❑ ❑ Participate in sport activities such as golf or tennis ❑ ❑ Participate in outdoor recreation such as hiking or biking ❑ ❑ See a live show or concert ❑ ❑ Shop ❑ ❑ Sightsee/tour ❑ ❑ Visit a museum or art gallery ❑ ❑ Visit friends or family ❑ ❑ Visit national parks / monuments ❑ ❑ 31 365 22. Thinking about the time you spent in the city of La Quinta, about how much money, on average, did you spend per day in your immediate party for: Lodging Food and drinks Shopping and gifts $_ Recreation, entertainment, special events Number of Visits and General Impression 23. Was your most recent trip to the Coachella Valley your first trip to the area as an adult? ❑ Yes ❑ No (skip to Q26) First-time Visitors Only 24. Prior to your recent visit, what was your general impression of the city of La Quinta as a place to visit? (open-ended) (After answering, first-time visitors skip to Q30) 25. (For email surveys only: Confirmation question, the purpose of which is to create a logic skip) You are a first-time visitor, right? ❑ Yes ❑ No Repeat Visitors Only 26. (Ask of repeat visitors) Not including your most recent visit, how many trips have you made to La Quinta in the past 12 months? Number of visits to La Quinta: 27. (Ask of repeat visitors) Not including your most recent visit, how many trips have you made to other Coachella Valley cities in the past 12 months? Number of visits to other Coachella Valley cities: 28. (Ask of repeat visitors) And not including your most recent visit, how many trips have you made to La Quinta in the past five years? Number of visits to La Quinta: (Number should be > response to Q26) 29. (Ask of repeat visitors) And not including your most recent visit, how many trips have you made to other Coachella Valley cities in the past five years? Number of visits to other Coachella Valley cities: 32 CI All Respondents 30. Based on your trip experience, has your general impression of the area as a place to visit ... ❑ Improved, ❑ Remained the same, or ❑ Declined? 31. On a scale of 1 to 5 where 1 is "poor" and 5 is "excellent," how would you rate your overall experience in the city of La Quinta? ❑ 1 (Poor) ❑ 2 ❑ 3 ❑ 4 ❑ 5 (Excellent) 32.On a scale of 1 to 5 where 1 is "poor" and 5 is "excellent," how would you rate your overall experience at the Bob Hope Classic? ❑ 1 (Poor) ❑ 2 ❑ 3 ❑ 4 ❑ 5 (Excellent) 33. If you could change one thing about La Quinta as a place to visit, what would it be? Likely to Recommend and Return 34. How likely are you to return to the Bob Hope Classic next year? Would you say... ❑ Definitely (Skip to Q38 in Recommend and Return section) ❑ Very likely (Skip to Q38 in Recommend and Return section) ❑ Possibly, ❑ Unlikely, or ❑ Not at all likely (if "Possibly," "Unlikely," or "Not at all" to Return in Q34): 35. What is the primary reason you might not return to the Bob Hope Classic next year? ❑ Other plans ❑ No time ❑ Too far/inconvenient ❑ Like to go/see various places ❑ Financial reason ❑ Don't like the area ❑ Had a bad experience, specify: 36. ❑ Will visit again, but at a later date ❑ Other — Specify 33 •• r 367 37. In a few words, what single factor would most encourage you to visit La Quinta more frequently in the future? (open-ended) Recommend and Return 38. How likely are you to recommend attending the Bob Hope Classic to a friend or relative? Would you say ... ❑ Definitely, ❑ Very likely, ❑ Possibly, ❑ Unlikely, or ❑ Not at all likely 39. How likely are you to recommend the city of La Quinta as a place to visit? Would you say ... ❑ Definitely, ❑ Very likely, ❑ Possibly, ❑ Unlikely, or ❑ Not at all likely Demographics 40. Including yourself, how many adults age 18 or over were with you in your immediate party, such as family members or close friends? Number of People: (if traveled alone enter "I') 41. How many persons under age 18 were with you in your immediate party? Number of People: (If none, enter "0') 42. Is your primary residence in: ❑ The United States (skip to 44) ❑ Another country 43. (If primary residence is Another County): Please specify city and country: (Skip to Q45) 44. (If Q42 response is in the United States): What is the ZIP code of your primary residence? 34 ....^ 368 45. What is your employment status? ❑ Employed full time ❑ Employed part-time ❑ Self employed or business owner ❑ Homemaker ❑ Retired ❑ Not employed ❑ Military ❑ Other — Specify 46. What is your marital_ status? ❑ Single ❑ Married ❑ Widowed ❑ Living with partner ❑ Divorced 47. In what year were you born? 19 46. Which category best describes your annual household income, before taxes? ❑ Less than $50,000 ❑ $50,000 to less than $100,000 ❑ $100,000 to less than $150,000 ❑ $150,000 or more 49. What is your gender? ❑ Male ❑ Female Those are all the questions I have. Thank you very much for your participation. 35 M ATTACHMENT 3 Golf Channel Ratings 2009 Bob Hope Chrysler Classic i Total uieuu2rS uuas 3,40 million 110Use11olds in 1003 compared to 1.60 million in 2008 • First number is the live audience and 2nd number is the replay Wednesday 229,000 Average Viewers (Afternoon) Wednesday 137,000 Average Viewers (Evening) Wednesday Total 366,000 Average Viewers Thursday 285,000 Average Viewers (Afternoon) Thursday 149,000 Average Viewers (Evening) Thursday Total 434,000 Average Viewers Friday 258,000 Average Viewers (Afternoon) Friday 200,000 Average Viewers (Evening) Friday Total 458,000 Average Viewers Saturday 714,000 Average Viewers (Afternoon) Saturday 149,000 Average Viewers (Evening) Saturday Total 863,000 Average Viewers Sunday 1,266,000 Average Viewers (Afternoon) Sunday 161,000 Average Viewers (Evening) Sunday Total 1,427,000 Average Viewers 370 Tihw44Qghr., AGENDA CATEGORY: COUNCIL/RDA MEETING DATE: July 7, 2009 BUSINESS SESSION: ITEM TITLE: Discussion of the City Newsletter and the Chamber of Commerce GEM Publication CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: RECOMMENDATION: As deemed appropriate by the City Council. FISCAL IMPLICATIONS: Depending upon Council direction, there could be potential cost savings associated with combining the City newsletter with the Chamber of Commerce's GEM newspaper. CHARTER CITY IMPLICATIONS: None. BACKGROUND AND OVERVIEW: At the June 9, 2009 special City Council meeting on the preliminary 2009-2010 budget, the Council discussed the Chamber of Commerce's budget request. The Chamber noted the majority of its funding request is related to the publication of the GEM newspaper, which is distributed to all City of La Quinta households, all La Quinta Chamber members, and all non -Chamber member La Quinta businesses. The Council also discussed the City's newsletter, and asked whether the two publications could somehow be combined to save costs. Council directed staff to bring the item back for further discussion. By way of background, the City's newsletter, the "La Quinta City Report," started as 3 11 an annual publication in fall 2002. The City Council wanted to create a vehicle to communicate directly with residents about important topics such as the City's annual budget, how property tax dollars are allocated, economic development, capital project updates, SilverRock Resort updates, etc. The rationale was that residents would be more inclined to read a publication that comes directly from the City of La Quinta, especially if the publication was to arrive in the mail. In 2005, Council directed staff to publish the "La Quinta City Report" on a quarterly basis, which allowed for a wider range of feature story -oriented articles, such as local economy messages, emergency preparedness, code compliance, affordable housing, special event coverage, special program/project announcements, etc. A complete list of all "La Quinta City Report" article topics is included as Attachment 1. The average distribution of the "La Quinta City Report" is 22,000 copies, sent to all La Quinta households. The number varies slightly, depending on the time of year (i.e., higher in the early spring, lower in the summer). In addition, the "La Quinta City Report" is printed on high -quality, recycled paper. The City has control over creative design, thus ensuring the City's messages are transmitted in a consistent manner that reflects the City's image. In March 2009, during its discussion of the Fiscal Year 2009-2010 City Marketing Plan, the City Council agreed to reduce the number "La Quinta City Report" issues from four to three per year. The recommendation was made by staff and Furino/Greene Creative in an effort to save money on this public communication program. The amount budgeted in Fiscal Year 2009-2010 for three issues is $37,500 for production, printing, and mailing (an estimated $9,600 of this total is for mailing or $3,200 per issue), which amounts to $12,500 per issue. The Chamber of Commerce's GEM is a monthly publication, printed on newsprint -style paper. The GEM contains articles of interest to its members, general interest articles, and ads. According to the Chamber, the GEM has a total distribution of 22,733 copies. This includes 20,784 mailed to City residents, approximately 1,300 mailed to non -Chamber member La Quinta businesses, and 550 mailed to Chamber members (50% of which are located in La Quinta). Extra copies are also made available at the Chamber office, City Hall, and La Quinta Library. According to figures provided by the Chamber, the approximate monthly cost to produce the GEM is $8,641, and monthly postage cost is $4,411, for a total of $13,052 per month or an annual total of $156,624. The GEM contains a four page insert, entitled "City Scene." The "City Scene" primarily contains class, program, and event oriented listings related to Community Services (e.g., SilverRock golf, museum, library, senior center, Community Services excursions and special events). There is also a City Manager's message, and usually 312 one or two short feature articles. The City provides the content and photos; however, the Chamber controls the layout, formatting, and design of these pages. The Chamber reported it is planning to conduct a survey in a future issue of the GEM to gauge readership, which would be especially helpful to understand how many GEM recipients are reading the publication. City and Chamber staff met to discuss the City Council's comments. The discussion resulted in several options, including mailing the two documents together. This would result in a postage cost savings for the City of $3,200 per issue of the "La Quinta City Report ($9,600 total for three issues). The Chamber discussed the various options with its current printer (Hi Desert Printing) to see if they would be able to print the "La Quinta City Report" newsletter along with the GEM at a reduced cost. Chamber staff has briefly explored providing the GEM in an electronic format such as via email or on a computer CD; however, they are still conducting research on this. Options the City Council may want to consider include: 1) Reduce the number of issues for both publications, and continue to produce and mail them separately. Chamber would consider publishing ten issues of the GEM per year (possibly eliminating two summer issues), which would save the Chamber an estimated total of $26,104, and City would consider reducing number of newsletters from three to two per year which would result in a total cost savings of $12,500. 2) Mail both publications together with the "La Quinta City Report" retaining its current size, quality level, and format. This would occur three times per year; in the fall, winter, and late spring/summer per the "La Quinta City Report" mailing schedule. The other nine issues of the GEM would be mailed as usual. The "La Quinta City Report" would be placed outside or inside the GEM. An example is included as Attachment 2. The City would retain creative control of the "La Quinta City Report." However, Hi Desert Printing is not able to produce the City's newsletter at the same level of quality. Therefore, the City would be responsible for producing the 'La Quinta City Report and delivering it to Hi Desert Printing. Hi Desert Printing indicated they can place the "La Quinta City Report" inside the GEM at a cost of $644 per issue, for a total of $1,932 per year. If the "La Quinta City Report" were to be placed on the outside of the GEM, Hi Desert Printing would have to do this manually, which would cost $1,700 per issue, for a total of $5,100 per year. Under this option, the City would save $9,600 total in postage, but would spend either $1,932 or $5,100 per year to combine the "La Quinta City Report" with the GEM. Net cost savings to the City would be either $7,668 or $4,500, depending on where the City newsletter is placed. 373 3) Merge the two publications according to the "La Quinta City Report" production schedule. Create a "La Quinta City Report" edition of the GEM three times per year, and mail as one publication. The "La Quinta City Report" would change in size, layout, and paper from its current form, but the design would be similar as the City would retain creative control. Hi Desert Printing can include the "La Quinta City Report" as an insert within the GEM, or as the first four pages of the GEM, at a cost of $2,600 per issue, or a total of $7,800 per year. Under this scenario, the City would save printing and postage costs of approximately $9,200 per issue, for a total of $27,600 per year. The other nine issues of the GEM would be produced and mailed as usual. Staff is not recommending, regardless of the option, that the monthly "City Scene" in the current GEM be eliminated or changed. Staff is looking for City Council direction, so that the Chamber's 2009-2010 Professional Services Agreement maybe finalized, as well as Furino/Greene's scope of services. Respectfully submitted, Douglas R. vans Assistant City Manager — Development Services Approved for submission by: Thomas P. Genovese, City Manager Attachments: 1. List of "La Quinta City Report" articles 2. Combined GEM/La Quinta City Report Example (Council only) 314 ATTACHMENT 1 La Quinta City Report (City Newsletter) 2002-2003 . Understanding the City's Budget and Growth Outlook for 2002-2003 . Where do my Property Taxes Go? . Economic Development Benefits the City and its Residents . New Community Services Project Include Library and Community Park . New Budget Address Some Public Safety Needs . What is "The Ranch" Project? 2003-2004 . City Takes Cautious Approach to 2003-04 Fiscal Year . Where do my Property Taxes Go? . Your Landscape and Lighting District: How a little green goes a long way . New Community Amenities for your Enjoyment (the new La Quinta Park) A Great Climate for Business Premier Public Golf at La Quinta's Silver Rock Ranch 2004-2005 . Financial Future of "the Gem" Shines Bright . Where do my Property Taxes Go? . Silver Rock's Big Debut on Target for Early 2005 . City Continues to Prioritize Public Safety with Increased Budget . New Amenities and Improvements Brighten "The Gem" . Exciting New Businesses Open in La Quinta . Coming Soon! Your 2005 City Calendar 2005-2006 . City Continues Plan to Enhance Life in La Quinta with 2005-06 Fiscal Year Budget . Where do my Property Taxes Go? . Silver Rock Opens to Rave Reviews . Citizens on Patrol (COPS) Volunteer Unit Reporting for Duty . State -of -the -Art Library Now Open in La Quinta Grand Opening November 16, 2005, 3pm . Hard at work for you . From Sand to Sam's Club: New Businesses Surface in La Quinta . La Quinta Village (Downtown) Why Waste? 375 Winter 2005-2006 . Being Prepared When Disaster Strikes . What's New at SilverRock? . Community Bicycle Patrol . Today's Youth, Tomorrow's Leaders . Public Workshops is in the Works! . Community Corner . Why Waste? . Up Coming Household Hazardous . We Want to Hear From You! . Street and Parking Enhancements . Community Concert - Fall 2006 . City Kicks off 2006-07 Fiscal Year with Balanced Budget . Celebrate Holiday Fun Upcoming Events Sponsored by the City of La Quinta . Measure "J" on the November Ballot News from SilverRock Business is Good in La Quinta La Quinta First In The Valley To Offer Online Registration New Program Fights Crime in Business Districts Keeping La Quinta In Top Shape Protect Yourself From Identity Theft! City Shred Day (for La Quinta residents) Spring 2006 . Spring into the Season with Fun -filled City Events and Amenities Spring fever is in the air, and the City of La Quinta has lots of ways to get in on some springtime fun! . Police Department Continues to Expand Services . News from SilverRock Resort . Do Your Part for the Environment: Practice Smart Recycling . Library Happenings . Leading Planner Has High Praise for La Quinta's Village Area Free Residential Document Shred Day -Protect Yourself from Identity Theft! Fire Department Adds New Truck to Fleet Summer 2006 . Hollywood Makes its Way to La Quinta with New Open Air Cinema Event . Enjoy A Dip In The Pool . La Quintals Affordable Housing Efforts . City Council Updates . Making La Quinta Better: City Improvements . Did You Know ... (mind your water) . Your Top Picks! Volunteers on Wheels Low Summer Rates At SilverRock Dance Under The Stars At Summer Concert Series Cool New Library Hours Spring 2007 . 25`s Anniversary Events To Light Up La Quinta . La Quinta Bike Map Now Available . Dark Skies Make for Better Stargazing (An Interview with Lucia and Mark Moran) . City Launches New Website! . SilverRock is Rocking . La Quinta Briefs . City Hall Expands and Builds New Emergency Center Winter 2006/07 Happy 25`" Birthday La Quinta! Join The Celebration! A Glimpse of La Quinta 25 Years Ago Through the Eyes of Kay Wolff 25 Years of Celebrating the Arts La Quinta Arts Foundation 25 of Honoring History What's Ahead for La Quinta? Summer 2007 . La Quinta Housing Project Garnering National Recognition for "Green" Building Standards . Happy Trails For Commuters Jefferson Street Bridge Complete . SilverRock Hosts Junior Golf Academy . Alert! Register for City's New "CodeRed" Emergency System . Free Movies In The Park -They're Back! . City Briefs . Eisenhower Builds Extension Project in La Quinta Fall 2007 . Sales Tax Increase Help Pave Way for New Projects and Services in Fiscal Year 2007-08 . SilverRock Gears Up For Bob Hope Chrysler Classic . More Shopping! More Dining! . Fitness Center Adds Morning Hours . Watch Your Mail Box! . Upcoming Holiday Events . Soon More to Explore at La Quinta Library and Historical Museum Winter 2007-08 La Quinta Green Report . City of La Quinta Cultivates Green Efforts . CVAG Hosts Energy and Environment Summit for the Coachella Valley . IID: Helping You Maximize Your Energy . CVWD and City of La Quinta Partner to Form Water Conservation Program . Burtec Waste and Recycling Services . Recycling Fun Facts 377 Spring 2008 . La Quinta Museum: Join Us for a Preview Tour (the new La Quinta Museum) . La Quinta Fun! Community Picnic & Birthday Celebration Saturday, Apri126 Movies in the Park . La Quinta Museum: Join Us for a Preview Tour . Road Report . La Quinta Police On Law Enforcement's Cutting Edge . La Quinta's `New Look' . La Quinta Fun! La Quinta Summer Golf Tour . Going Green Tips . Annual Resident Golf Tournament at SilverRock Summer 2008 . Plans Revealed for Spectacular SilverRock Clubhouse . Great Getaways! . Summer Council Meetings . Plans Revealed for Spectacular SilverRock Clubhouse . Emergency Preparedness: Don't Put it Off Another Day . Junior Golf Academy at Silver Rock . Wanted: Your Input on Housing Issues . Senior Center Designated as Cool Center . Going Green Tips . Code Compliance: Keeping La Quinta Beautiful Fall 2008 . City Looks Forward to Financial Stability in 2008-09 Fiscal Year . SilverRock Hosts 2009 Hope Classic . Overseeding: What You Need to Know . Preparing for the Holiday Season . Holiday Happenings Roundabout Rules of the Road Going Green Tips Museum Features National Geographic Exhibition, Events & More Winter 2008-2009 . City of La Quinta Evaluating Local Economic Impacts . Top 10 Ways to Enjoy La Quinta On a Budget . New Fire Station and City Yard Coming Soon . Road Report . Green Updates City and CVWD Launch Rebate Program Exclusive to La Quinta . Reduce, Reuse & Recycle: Being Wise in Waste . IID'S Programs and Tips Make Energy Efficiencies Easy . City of La Quinta Premier Sponsor of La Quinta Arts Festival 378 Spring 2009 . Enjoy La Quinta's Preserved Natural Beauty and Trails . Springtime Fun! . Shop Local, Shop La Quinta . Annual Resident Golf Tournament at SilverRock . Celebrate Earth Day at Going Green Workshop! . La Quinta Restaurant Week June 10-June 19, 2009 379 f IOAP' IAMm-,' 9100 ?XA . ARTIST WILLIAM CAIN www.williamcain.com 760 564 3401 City of La Quinta Budget and Grant allotments for 2010 The city of La Quinta has been a premier sponsor of grants to the La Quinta Arts Foundation for a number of years, but that support has not transferred to local La Quinta artist in the main event the foundation holds every year in March the La Quinta Arts Festival. In my 13 years of living in La Quinta as an artist and applying over those years I have only been juried in once to the La Quinta Arts Festival (in the year 2006) and I believe that was only because I went into the office of La Quinta Arts Foundation and questioned what I might be doing wrong in my application process. In any given year there are no more than 9 Valley artists and only 2 or 3 La QUINTA artists one of which donates services to the foundation, of the 250 spaces available a large percentage of the spots favor the same group of artist year to year. I would like to see the city council add a stipulation to the corning years grant and future grants that the La Quinta Arts Foundation set aside a percentage (most cities set aside 15%) of spaces in the March show for La Quinta artist. Other cities do this on a regular basis with no detrimental effect to the shows. I believe this would have a positive effect for the local artist community in La Quinta. I would like to hear back from the city as to any action they may take in this matter. Regards William Cain �a/� C (: 'Z U C� OF'ItiF'94 COUNCIL/RDA MEETING DATE: July 7, 2009 ITEM TITLE: Public Hearing to Consider an Ordinance Amending Title 9, Zoning, Relating to Used Vehicle Sales Within the Regional Commercial Zoning District, to Establish Design and Development Criteria, and Remove Text Automotive Uses Provisions in Portion of the Non -Residential Table of Permitted Uses (9.80.040) RECOMMENDATION AGENDA CATEGORY: CONSENT CALENDAR: STUDY SESSION: PUBLIC HEARING: I Motion to take up Ordinance No. , by title and number only and waive further reading, amending the La Quinta Charter and Municipal Code Section 9, Zoning. FISCAL IMPLICATIONS None. CHARTER CITY IMPLICATIONS None. BACKGROUND AND OVERVIEW On June 2, 2009, the City Council approved a temporary urgency ordinance establishing a procedure to conditionally permit used car sales in the Regional Commercial (CR) Zoning District, which is primarily located along Highway 111 between Washington Street and Jefferson Street. This urgency ordinance was in response to the recent decision of the Chrysler Corporation to terminate the franchise agreement, effective June 8, 2009, with the Dodge City Chrysler Jeep dealership located at 79-025 Highway 1 1 1. Dodge City has since applied for a Conditional Use Permit to continue their operations, currently being processed by staff. In the review of the urgency ordinance, the City Council determined that any subsequent closure of new car dealerships would have a negative financial impact on 381 the City, including increasing unemployment, creating vacancies along the City's busiest commercial corridor, and eliminating the sales taxes that these dealerships currently collect which help fund City operations. Permitting the operation of stand- alone used car sales facilities could reduce some of these problems. Based on these findings, the Council directed staff to prepare a Zoning Ordinance Amendment to enable the establishment of stand-alone used car sales facilities. PROPOSAL: In light of recent events that have affected local auto sales and sales tax revenue, staff has prepared a Zoning Ordinance Amendment to address this issue with a permanent amendment to the City"s code requirements. The proposed changes will affect Section 9.80.040, Table 9-5, the Table of Permitted Uses, by identifying used car sales not associated with a new car sales facility as being permitted in the Regional Commercial zoning district with a Conditional Use Permit. In addition, staff is proposing to delete some erroneous text identified within the table that references mixed uses. With these proposed changes, permitted automotive uses within Table 9-5 (Recommended Ordinance Exhibit A) will appear as follows: Land Use CR CP CC CN CT CO MC Automotive Uses I ,(Subject to Section 9.100.120, Outdoor storage and display) Automobile service stations, C C C C X X X with or without minimart Car washes C C C X X X X Auto body repair and i X C X X X X X painting; transmission repair *:ic_ ...0.c:. ... _a. Q01, eF i Auto repair specialty shops, C C C X X X X providing minor auto 'maintenance: tire sales/service, muffler, brake, '', Aube and tune-up services — not including major engine or drivetrain repair Auto and motorcycle sales C C X X X X X 382 and rentals I k cl C X X X X I X Used vehicle sales, not associatedwith a new: i vehicle sales facility, as per Section, 9.100.3001 (Truck, recreation vehicle C C X X X i j X X land boat sales Auto parts stores, with no P P P C X X X (repair or parts installation on the premises Auto or truck storage yards, X C X X X i X X not including dismantling I Private parking lots/garages C C C X C C X as a principal use subject to Chapter 9.150, Parking In addition to these changes, staff is proposing the establishment of code provisions to specifically regulate the design, operation, and activities associated with used vehicle sales facilities (Recommended Ordinance Exhibit B). These provisions include regulating where and how vehicles are displayed within the property, the screening of service bays and storage areas, and limiting used vehicle sales facilities to properties in an approved specific plan having a minimum of 4 acres in size. ANALYSIS: The proposed ordinance will allow the establishment of stand-alone used vehicle sales facilities while addressing potential nuisance issues. The proposal is consistent with the City's General Plan because the General Plan authorizes automobile sales in the Regional Commercial zoning district and does not prohibit used automobile sales. Individual conditions and environmental impacts for future proposed used vehicle sales facilities will be reviewed on a case -by -case basis through the Conditional Use Permit process, in addition to the requirement that they be located within an approved Specific Plan. The most likely location for used car sales facilities in the future will be within existing automotive dealerships such as the La Quinta Auto Centre. Although used vehicle sales facilities are already permitted via a Conditional Use Permit in the Commercial Park zoning district, there are currently no provisions specific to the design and operations of used vehicle sales facilities. Staff has drafted a new code chapter to address the most common site design and operations matters related to used vehicles sales. Project -specific design issues or potential nuisances that are not covered in these code provisions will be addressed and reviewed in a public hearing through a mandatory conditional use permit process. With these provisions, staff 383 believes that used vehicle sales facilities could be a positive addition to the permitted automotive uses within the Regional Commercial corridor. Following the Planning Commission's review of the proposed' Zoning Ordinance Amendment, staff has revised the proposed outdoor loudspeaker and intercom provisions in order to accommodate existing automobile dealerships, rather than prohibiting their use outright, as was recommended by the Planning Commission. The revised text prohibits the use of outdoor loudspeakers and intercoms within 300 feet of existing residences and now references the existing noise control provisions of the Zoning Ordinance. Environmental Review: The proposed Zoning Ordinance Amendment has been determined to be exempt from the provisions of the California Environmental Quality Act pursuant to Title 14 California Code of Regulations Section 15061(b)(3), because the environmental impact of permitting stand-alone used vehicle sales facilities will be evaluated on a project -by - project basis through the Conditional Use Permit approval process. As a result, there is no possibility that its adoption would have a significant effect on the environment. Planning Commission The Planning Commission considered the proposed text amendments and conducted a public hearing at its June 9, 2009 meeting. No one from the public spoke on this item. The commissioners commented on the unfortunate closure of dealerships nationwide and the negative effect on local tax revenue. The Planning Commission recommended approval of the proposed Ordinance to the City Council under Resolution 2009-017 by unanimous decision. Public Notice This project was advertised in The Desert Sun newspaper on May 29, 2009 and June 26, 2009. To date, no comments have been received. Any written comments received will be handed out at the meeting. FINDINGS AND ALTERNATIVES The Findings for approval can be made as noted above and in the attached Ordinance. The alternatives available to the Council include: 1. Motion to introduce Ordinance No. _ on first reading amending the La Quinta Charter and Municipal Code to Section 9, Zoning, 1) to permit used vehicle sales not associated with a new vehicle sales facility within the Regional Commercial Zoning District with approval of a Conditional Use Permit (9.80.040), 2) to establish provisions for the development of used car sales facilities (9.100.300), and 3) delete erroneous text identified with the automotive uses portion of the Non -Residential Table of permitted uses (9.80.040). 2. Do not move to take up Ordinance No. 3. Provide staff with alternative direction. Respectfully submitted, Jopfnson, Planning Director Approved for submission by: Thomas P. Genovese, City Manager 385 ORDINANCE NO. AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 9 OF THE LA QUINTA MUNICIPAL CODE, 1) TO PERMIT USED VEHICLE SALES NOT ASSOCIATED WITH A NEW VEHICLE SALES FACILITY WITHIN THE REGIONAL COMMERCIAL ZONING DISTRICT WITH APPROVAL OF A CONDITIONAL USE PERMIT (9.80.040), 2) TO ESTABLISH PROVISIONS FOR THE DEVELOPMENT OF USED CAR SALES FACILITIES (9.100.300), AND 3) DELETION OF ERRONEOUS TEXT IDENTIFIED WITH THE AUTOMOTIVE USES PORTION OF THE NON-RESIDENTIAL TABLE OF PERMITTED USES (9.80.040) WHEREAS, the City has found that changes in policies, procedures, and issues with permitting have arisen as staff implements the Zoning Ordinance; and WHEREAS, the City has, from time to time, made amendments to the Zoning Ordinance to address similar changes in circumstances; and WHEREAS, the City finds that the allowance of used car sales in regional commercial zones of the City, subject to a conditional use permit, is desirable; and WHEREAS, automobile sales and service related uses are identified in the La Quinta General Plan as an appropriate land use in the Regional Commercial land use designation; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 9`h of June, 2009, hold a duly noticed Public Hearing for review of a Zoning Ordinance Amendment to 1) Permit used vehicle sales not associated with a new vehicle sales facility within the Regional Commercial Zoning District with approval of a' Conditional Use Permit (9.80.040), 2) to establish provisions for the development of used car sales facilities (9.100.300), and 3) delete erroneous text identified with the automotive uses portion of the non- residential table of permitted uses (9.80.040); and recommended approval of the proposed Amendments to the City Council; and WHEREAS, the City Council held a duly noticed public hearing on the 71h day of July, 2009, and considered the evidence, written and oral, presented at the hearing: 386 Ordinance No. Zoning Ordinance Amendment 2008-098 Adopted: July 7, 2009 Page 2 of 3 NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of La Quinta does ordain as follows: SECTION 1. Title 9, the Zoning Ordinance of the La Quinta Municipal Code, is amended as identified on Exhibits "A" and "B," on file in the Planning Department. SECTION 2. CONSISTENCY WITH THE GENERAL PLAN. The City Council hereby finds that this Ordinance is consistent with the La Quinta General Plan, which authorizes automobile sales in the Regional Commercial District and does not prohibit used automobile sales. SECTION 3. ENVIRONMENTAL. The Planning Director has determined said Zoning Ordinance Amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 83-63) in that the La Quinta Planning Department has reviewed the Amendment under the provisions of CEQA, and has determined that the Amendment is exempt pursuant to Section 15061(B)(3), Review for Exemptions of the CEQA Guidelines. SECTION 4. SEVERABILITY. The provisions of this Ordinance shall be severable, and if any clause, sentence, paragraph, subdivision, section, or part of this Ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. SECTION 5. LEGAL CONSTRUCTION. The provisions of this Ordinance shall be construed as necessary to effectively carry out its purposes, which are hereby found and declared to be in furtherance of the public health, safety and welfare. SECTION 6. EFFECTIVE DATE. This Ordinance shall take full force and effect and be in force 30 days after passage. SECTION 7. PUBLICATION. The City Clerk is directed to publish this Ordinance in the manner and in the time required by law. 387 Ordinance No. Zoning Ordinance Amendment 2008-098 Adopted: July 7, 2009 Page 3 of 3 PASSED, APPROVED and ADOPTED by the City Council of the City of La Quinta at a regular meeting thereof held on the 7t" day of July, 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN DON ADOLPH, Mayor City of La Quinta California ATTEST: VERONICA MONTECINO, City Clerk City of La Quinta, California FA1» :TeP/ 4 D7eF*A 1191111010 JI F M. KATHERINE JENSON, City Attorney City of La Quinta, California EXHIBIT A 9.80.040 Table of permitted uses, Automotive Uses Table 9-5 Permitted Uses In Nonresidential Districts P = Principal use District Regional Commercial Community Neighbor- Tourist Office Major A = Accessory use hood Commercial Park Commercial Commercial Commercial Community C = Conditional use Commercial permit Facilities M = Minor use permit T = Temporary use permit X = Prohibited use Land Use CR CP CC CN CT CO MC Automotive Uses (Subject to Section 9.100.120, Outdoor storage and display) s rc_...4 _o.....:..va ....,.� 9.80.020 or . Used, vehicle sales, not! x C! C X X X X X associated with a new. vehicle sales facility, as per Section 9.100.3001 389 WC.T-T 3 9.100.300 Used Vehicle Sales Not Associated with a New Vehicle Sales Facility A. Use Permit Required. Used vehicle sales not associated with a new vehicle sales facility may be permitted in the CR district subject to approval of a conditional use permit when consistent with a Specific Plan. Used vehicle sales facilities are subject to the use and design standards herein. B. Signs. Used vehicle sales facility signage shall be approved through a sign program in accord with Section 9.160.090. Balloons, streamers, spinning or animated signs and devices, strobe lights, spotlights, lasers, and inflatable devices shall be prohibited. C. Hazardous Materials. All used vehicle sales facilities shall comply with the requirements of Section 9.100.230 pertaining to hazardous materials, underground storage tanks, product lines, dispensing equipment, etc. D. Standards for Used Vehicle Sales Facilities. 1. Types of Used Vehicles Defined. Permitted principal use shall consist of the sale of used motorized vehicles to include motorcycles, cars, trucks, and commercial vehicles. 2. Accessory Uses. Permitted accessory uses shall include: vehicle service and repair, sales and installation of automotive parts, electronics, and accessories, car washing, and auto detailing. All accessory uses must be specifically included in the conditional use permit approval. 3. Screening. A block wall of at least six feet in height and a 20 foot wide landscaping buffer shall be installed along all site boundaries which abut residentially zoned properties. All screening shall comply with the height standards in Section 9.100.030 (Walls and Fences). 4. Storage and Display. All retail, service, repair, and storage uses shall occur wholly within an enclosed building and in a specific location designated in the approved conditional use permit. Focal display areas elevated more than one foot above the average finish grade of the overall outdoor parking lot or display area shall be prohibited. Hoods, trunks, and doors of all vehicles displayed outdoors shall remain closed at all times. Vehicles must be parked on a paved surface and are prohibited from being displayed from sidewalks or within landscaped areas. 5. Orientation of Service Bays. Service bays and garage doors shall not be visible from perimeter arterial streets. 6. Property Standards. Used vehicle sales facilities shall not be permitted on parcels less than four acres in size. 390 7. Outdoor Speakers. The use of outdoor loudspeakers and intercoms shall be prohibited on projects located within 300 feet of existing residences. In all other instances, outdoor loudspeakers and intercoms shall be subject to the provisions of Section 9.100.210 (Noise Control). 391