Riverside Co/Geologic Studies 131
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AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE COUNTY OF RIVERSIDE
AND THE CITY OF LA QUINTA
The County of Riverside, California (hereinafter "COUNTY"), and the City of La Quinta California
(hereinafter ."CITY"), hereby agree as follows:
RECITALS
A. CITY desires that the Transportation & Land Management Agency — Planning Department
(hereinafter "TLMA") provide certain professional services for CITY.
B. Services by any other County departments or agencies are not the subject of this
Agreement.
C. COUNTY and CITY desire to define the scope of the professional services to be provided
and the terms and conditions pursuant to which COUNTY will provide the professional
services.
NOW THEREFORE, the parties hereto mutually agree as follows:
SECTION 1 - RECITALS INCORPORATED
The foregoing recitals are incorporated herein and made a part of this Agreement by this
reference.
SECTION 2 - ADMINISTRATION
The TLMA Director, or his designee, shall administer this Agreement on behalf of COUNTY
(hereinafter "COUNTY'S contract administrator"). The CITY manager, or his designee, shall
administer this Agreement on behalf of CITY (hereinafter "CITY'S contract administrator").
SECTION 3 - SCOPE OF SERVICES
Pursuant to this Agreement, COUNTY'S State licensed professional geologist (hereinafter
"COUNTY'S geologist") shall, subject to the procedures set forth herein, .review each of the
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following: site -specific geologic reports prepared and submitted pursuant to the Alquist-Priolo
Fault Zoning Act; site -specific geologic reports assessing rockfall hazard; and other geologic
reports. COUNTY'S geologist shall review these reports to the same extent and in the same
manner as if the reports were prepared for projects in the unincorporated area of COUNTY.
SECTION 4 - REQUESTS FOR SERVICES
CITY may use any desired means or process to decide whether to request professional
services. CITY may request professional services for a single project or a group or class of
projects. CITY shall make all requests for professional services in writing and CITY'S contract
administrator shall send such requests to COUNTY'S contract administrator. Before requesting
professional services, CITY'S contract administrator may ask COUNTY'S contract administrator
for a written estimate of the cost of the services.
SECTION 5 - APPROVAL OF REQUESTS
Upon receipt of CITY's written request for services, COUNTY'S contract administrator shall
notify CITY'S contract administrator in writing. COUNTY shall not provide professional services
if the request for such services is not made and approved in the manner described above.
SECTION 6 - PERTINENT INFORMATION
Once a request for professional services has been made and approved in the manner described
above, CITY'S contract administrator shall promptly transmit to COUNTY'S contract
administrator all pertinent information conceming the project or group or class of projects. Such
information shall, at a minimum, include a complete wet -signed "Application for Submittal of
Geologic Report"; two (2) wet -signed copies of the geologic report; and CITY'S case number
and appropriate case maps (hereinafter "CITY'S transmittal package").
SECTION 7 - SERVICE DELIVERY PROCEDURE
COUNTY shall provide services in accordance with the following service delivery procedure,
unless the parties mutually agree to a different procedure: COUNTY'S geologist shall assign a
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COUNTY geologic report number to each geologic report in CITY'S transmittal package;
COUNTY'S geologist shall review each geologic report and, if necessary, visit the site described
in each report within thirty (30) days of receiving CITY'S transmittal package; COUNTY'S
geologist shall prepare a review letter for each geologic report describing any deficiencies and
shall send the review letters to CITY and the geologist(s) who prepared the reports; COUNTY'S
geologist shall work directly with the geologist(s) who prepared the reports to insure any
deficiencies have been adequately addressed. ; once COUNTY'S geologist determines that the
geologic reports are acceptable, COUNTY'S geologist shall prepare an approval letter for each
report containing a statement of approval, the conclusions and recommendations of the reports
and appropriate conditions of approval. COUNTY'S geologist shall send all approved geologic
reports and approval letters to CITY.
SECTION 8 - PERSONNEL
In providing the professional services described in this Agreement, COUNTY and its staff shall
be considered independent contractors and shall not be considered CITY employees for any
purpose. COUNTY staff shall at all times be under COUNTY'S exclusive direction and control.
COUNTY shall pay all wages, salaries and other amounts due such personnel in connection
with their provision of the professional services and as required by law. COUNTY staff shall be
located at COUNTY facilities.
SECTION 9 - COST OF SERVICES
The CITY shall pay the COUNTY for services performed, products provided and expenses
incurred in accordance with the terms in Attachment A. Maximum payments by CITY to
COUNTY shall not exceed Thirty Thousand Dollar ($30,000.00) annually including all expenses.
CITY shall pay COUNTY for all such services, including staff -to -staff consultations, at the hourly
rates set forth in Attachment A to this Agreement. CITY shall pay COUNTY for each hour of
services it provides, or each fraction of an hour billed at 1/10th increments, including any
required travel time. Notwithstanding the above, CITY shall pay COUNTY the full costs of
producing any aerial photographs, aerial maps or satellite images for CITY. COUNTY may
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increase these rates subject to a 60 day written notice to CITY.
SECTION 10 - RECORDS and BILLING
COUNTY'S contract administrator shall submit to CITY'S contract administrator a monthly
invoice which shall include an itemized accounting of all services performed and the cost
thereof.
SECTION 11 - PAYMENTS
CITY shall pay each monthly invoice within thirty (30) days of the date CITY'S contract
administrator receives the invoice from COUNTY'S contract administrator. CITY may dispute
any monthly invoice by submitting a written description of the dispute to COUNTY'S contract
administrator within ten (10) days of the date CITY'S contract administrator receives the invoice
from COUNTY'S contract administrator. CITY may defer the payment of any portion of the
invoice in dispute until such time as the dispute is resolved; however, all portions of the invoice
not in dispute must be paid within the thirty (30)-day period set forth herein.
SECTION 12 - DUTY TO INFORM AND RESPOND
CITY'S contract administrator shall promptly transmit to COUNTY'S contract administrator all
inquiries, complaints, and correspondence that CITY receives concerning professional services
provided by COUNTY. COUNTY'S contract administrator shall promptly transmit to CITY'S
contract administrator all inquiries, complaints, and correspondence that COUNTY receives in
the course of providing professional services. CITY shall be responsible for responding to all
such inquiries, complaints and correspondence.
SECTION 13 - NOTICES
Any notices required or permitted to be sent to either party shall be deemed given when
personally delivered to the individuals identified below or when addressed as follows and
deposited in the U.S. Mail, postage prepaid:
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County of Riverside
Transportation & Land Management Agency
P.O. Box 1409
Riverside, CA 92502-1409
Attention: Planning Department Director
SECTION 14 - OWNERSHIP OF DATA
City of La Quinta
78.495 Calle Tampico
La Quinta CA 92253
Attention: Tim Jonasson
Public Works Director/City Engineer
Ownership and title to all reports, documents, plans, specifications, and estimates produced or
compiled pursuant to this Agreement shall automatically be vested in CITY and become the
property of CITY. CITY reserves the right to authorize others to use or reproduce such materials
and COUNTY shall not circulate such materials, in whole or in part, or release such materials to
any person or entity other than CITY without the authorization of CITY'S contract administrator.
SECTION 15 - CONFIDENTIALITY
COUNTY shall observe all Federal and State regulations concerning the confidentiality of
records.
SECTION 16 - INDEMNIFICATION
Indemnification by COUNTY. Excepted as provided below in the paragraph entitled "Special
Circumstances", COUNTY shall indemnify, defend and hold harmless CITY, its officials, officers,
employees and agents from all claims and liability for loss, damage, or injury to property or
persons, including wrongful death, based on COUNTY'S negligent acts, omissions or willful
misconduct arising out of or in connection with the performance of professional services under
this Agreement including, without limitation, the payment of attorney's fees.
Indemnification by CITY. CITY shall indemnify, defend and hold harmless COUNTY, its
officials, officers, employees and agents from all claims and liability for loss, damage, or injury to
property or persons, including wrongful death, based on CITY'S negligent acts, omissions or
willful misconduct arising out of or in connection with the performance of professional services
under this Agreement including, without limitation, the payment of attorney's fees.
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Special Circumstances. CITY shall indemnify, defend, and hold harmless COUNTY, its
officials, officers, employees and agents, from all claims and liability resulting from any of the
following: —The invalidity of CITY'S codes; California Environmental Quality Act, Brown Act or
any other statutory violation; and the design of City facilities, including, but not limited to, streets
and sidewalks.
• How CITY decides to address, or prioritize actions addressing, alleged violations of
CITY'S codes.
• How CITY decides to maintain, or prioritize the maintenance of, CITY facilities,
including, but not limited to, streets and sidewalks.
• The design of CITY facilities, including, but not limited to, streets and sidewalks
constructed after July 1, 2009.
• CITY'S failure to provide pertinent information and inform as provided in Sections 6.
and 12 of this Agreement.
SECTION 17 - INSURANCE
The parties agree to maintain the types of insurance and liability limits that are expected for
entities of their size and diversity. The types of insurance maintained and the limits of liability for
each insurance type shall not limit the indemnification provided by each party to the other. If
CITY chooses to provide vehicles for COUNTY'S use, CITY shall maintain liability insurance for
the CITY -owned vehicles and insurance for any physical damage to the CITY -owned vehicles in
an amount equal to the replacement value of all vehicles provided. The vehicle policies shall, by
endorsement, name COUNTY, its agencies and departments and their respective officials,
officers, employees and agents as additional insureds.
SECTION 18 - IMMUNITIES
Nothing in this Agreement is intended to nor shall it impair the statutory limitations and/or
immunities applicable or available to the parties under State laws and regulations.
SECTION 19 - MODIFICATIONS
This Agreement may be amended or modified only by mutual agreement of the parties. No
alteration or variation of the terms of this Agreement shall be valid unless made in writing and
signed by the parties hereto, and no oral understanding or agreement not incorporated herein
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shall be binding on any of the parties hereto.
SECTION 20 - WAIVER
Any waiver by a party of any breach of one or more of the terms of this Agreement shall not be
construed to be a waiver of any subsequent or other breach of the same or of any other term
hereof. Failure on the part of either party to require exact, full and complete compliance with
any terms of this Agreement shall not be construed as changing in any manner the terms hereof,
or estopping that party from enforcing the terms hereof.
SECTION 21 - DELEGATION OR ASSIGNMENT
This Agreement may not be delegated or, assigned, either in whole or in part.
SECTION 22 - SEVERABILITY
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void
or unenforceable, the remaining provisions will nevertheless continue in full force without being
impaired or invalidated in any way.
SECTION 23 - TERM
Upon approval by the Riverside County Board of Supervisors, this Agreement shall be effective
as of July 1, 2013 and shall remain in effect until June 30, 2014 with the ability to extend this
Agreement for two (2) years, in one (1) year increments, unless terminated earlier. Any request
to extend this Agreement shall be submitted in writing by CITY to COUNTY. This Agreement
may be terminated by either party upon thirty (30) days written notice to the other party.
SECTION 24 - ENTIRE AGREEMENT
The Agreement includes the following exhibit(s): Attachment A -Hourly Rates for Professional
Services consisting of one (1) page. This Agreement is intended by the parties as a final
expression of their understanding with respect to the subject matter hereof and supersedes any
and all prior and contemporaneous agreements and understandings, written or oral.
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APPROVALS
COUNTY Approvals
APPROVED AS TO FORM:
Dated: 9 13
Marsha L. Victor
Principal Deputy County Counsel
APPROVED BY BOARD OF SUPERVISORS
ted: N�13
#CohairmanolRiverside
ent
County Board
of Supervisors
ATTEST: KECIA HARPER-IHEM
CLERK OF THE BOARD:
/.�.� I .I 1 1 7A� I
(SEAL)
CITY Approvals
APPROVED AS TO FORM:
70 ;
City Attorney, Vy of La Quinta
APPROVED BY CITY COUNCIL:
__ J� Dated:
Frank. Spe cek, City Manager
City of uinta, California
ATTEST:
CITY CLERK:
By:�*- ated: R If Zo�3
Susan Maysels, ity Clerk
City of La Quinta
i
W
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ATTACHMENT A
HOURLY RATES FOR PROFESSIONAL SERVICES
`�DEPAR` MENT
_
POSITION .'
REGULAR
HOURS !
OVERTIME
HOURS ,
Geologist
Planning Department
(Including Geologic and
Paleontological Services
$140
N/A
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COUNTY OF RIVERSIDE
AMENDMENT NO. 1 TO THE AGREEMENT
WITH
CITY OF LA QUINTA CALIFORNIA
CONTRACTOR: County of Riverside
Contract Term: July 1, 2014 through June 30, 2015
Effective Date of Amendment: July 1, 2014
Annual Maximum Contract Amount: $ 30,000
The original Agreement between County of Riverside, herein referred to as COUNTY, and the City of La
Quinta, California, herein referred to as CITY, is hereby amended as follows:
1. On page 7 of the Agreement, amend SECTION 23 "TERM" to amend all references to the Term
from July 1, 2013 to June 30, 2014, to a new term of July 1, 2014 through June 30, 2015 with the option
to renew for one additional year unless terminated earlier.
2. All other terms and conditions of the Agreement not modified herein are to remain unchanged.
IN WITNESS WHEREOF, the Parties hereto have caused their duly authorized representatives to
execute this Amendment.
County
County of Riverside
Transportation and Land Management Agency
4080 Lemon Street, 10 Floor
Riverside, CA 92501
By:
Name: eff S o
Title: Chairman of the Board of Supervisors
Date: 'JUL 012014
Attest:
Kecia Harper-Ihem, Clerk
Citv
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Na :Fran J. vacek
City er
Title:
Date:
ATTEST:
Susan Maysels, City Clerk
APPROVED AS TO FORM:
& /,& /I--
JUL 012014 . K tlierine Jens n, City Attorney
August 6, 2015
County of Riverside
Transportation & Land Management Agency
P.O. Box 1409
Riverside, CA 92502-1409
SUBJECT: City of La Quinta/County of Riverside Professional Services Agreement
Dear Planning Department Director,
The City of La Quinta is hereby requesting a second extension to the
"Agreement for Professional Services Between the County of Riverside and the
City of Ld Quinta" signed by Chairman Benoit on November 26, 2013. The
professional services provided to the City, via this Agreement, are rendered. by
the County's State licensed professional geologist.
This request is being made pursuant to Section 23 - TERM: "...ability. to extend
this Agreement for two (2) years, in one (1) year increments, unless terminated
earlier. Any request to extent this Agreement shall be submitted in writing by
CITY to COUNTY." All other terms and conditions are to remain the same and in
full force.
The County of Riverside shall acknowledge approval of the City's request by
signing below with authorized signatures, as deemed appropriate by County.
Sincerely,
1) 1ta11ys1gned by FankJ. Spevacek
DN:
erialN umber-1 n615001202cvmj,
z US, st=Califomla, l=La Quinta, _
-Frank J. Spevacek, cn=Frank J.
Spevacek
Date: 2015.08.11 10:2350 -07'00'
Frank J. Spevacek
City Manager
Enclosures: Copy of Agreement & Amendment No.1
78-495 Calle Tampico i La Quinta I California 92253 1 760.777.7000 1 www.La-Quinta.org
APPROVALS
COUNTY Approvals
[Authorized Signature]
[Authorized Signature]
CITY Approvals
IMNEB 1N COUNTERPART
William H. Ihrke
City Attorney, City of La Quints
Digitally signed by FrankJ. Spevacek
DN: sedalNumber--1 n615nh01202cvmj,
r--US, st=Califomia, I=La Quinta, o=Frank
,J. Spevacek, cn=Frank J. Spevacek
Date: 2015.08.11 10:25:27 -07'00'
Frank J: Spevacek, City Manager
City of La Quinta, California
ATTEST:
CITY CLERK
Digitally signed by City of La Quinta
DN: 1
erialNumber=6fmhzhdhvfjz93cr,
c=US, st=California, Icn= ity of ,
o=City_of La Quints, cn=City of La
Quinta
Date: 2015.08.11 1331:34-07'00'
Susan Maysels, City Clerk
City of La Quinta
2
APPROVALS
COUNTY Approvals
SIGNED IN COUNTERPART
[Authorized Signature]
[Authorized Signature]
CITY Approvals
William H. Ihrke
City Attorney, City of La Quinta
Dlglplly signed by FrankJ.Spevacek
DN: sedaftnnber=-1 n615nh01202c nrj
st=Cnldomia, l=La Quinta, o=frank
_JSpevacek cn=FrankJ. Spevacek
Date: 2015.08.11 102527-07'00'
Frank J. Spevacek,.City Manager
City of La Quinta, California
ATTEST:
CITY CLERK
Digitally signed by City of La Quinta
DN: sedalNumber=6fmhzhdhez93cr,
"c=US, st=California, I=La Quinta,
aL ty of La Quinta, cn=City of La
Quinta-
' Date: 2015.08.1113:31:34-07'00'
Susan Maysels, City Clerk
City of La Quinta
2
MEMORANDUM
TO: Frank J. Spevacek, City Manager
FROM: nothy R. Jonasson, Public Works Director/City Engineer
DATE: September 21, 2015
RE: Amendment No. 2 to Agreement with Riverside County's Transportation
and Land Management Agency for Services to be Rendered by County's
State Licensed Professional Geologist
Attached for your signature is Amendment No. 2 to the above referenced agreement,
which will allow the City to continue using the expertise of the County's State licensed
professional geologist for various studies, including rock fall studies.
The County is requesting signatures of the attached amendment document, which
extends the term of the agreement and updates the tasks of the County geologist.
Attachments
Requesting department shall check and attach the items below as appropriate:
X Contract payments will be charged to account number 101-7002-60104
A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is attached with
no reportable interests in LQ or reportable interests
N/A A Conflict of Interest Form 700 Statement of Economic Interests is not required because this Consultant does not meet
the definition in FPPC regulation 18701(2)•
Authority to execute this agreement is based upon:
Approved by the City Council on (date)
City Manager's signature authority provided under Resolution No. 2005-095
Public Works projects for $30,000 or less.
City Manager's signature authority provided under Resolution No. 2005-096
Service agreements for $30,000 or less.
City Manager's signature authority provided under Contract Change Order Policy
Contracts under $100,000= 10% max, contracts over $100,000= $25,000 max
The following required documents are attached to the agreement:
Insurance certificates as required by the agreement (initialed by Risk Manager on
Performance bonds as required by the agreement (originals)
City of La Quinta Business License (copy or note number & expiration date here No: )
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COUNTY OF RIVERSIDE
AMENDMENT NO.2 TO THE AGREEMENT
WITH
CITY OF LA QUINTA
CONTRACTOR: County of Riverside
Contract Term: July 1, 2015 through June 30, 2016
Effective Date of Amendment: July 1, 2015
Annual Maximum Contract Amount: $ 30,000
The original Agreement between County of Riverside, herein referred to as COUNTY, and the City of La
Quinta, California, herein referred to as CITY, first amended on July 1, 2014, Agenda Item no. 3-5 1, is
hereby amended as follows effective July 1, 2015:
1. On page 7 of the Agreement, amend SECTION 23 "TERM" to amend all references to the Term
from July 1, 2014 to June 30, 2015, to a new term of July 1, 2015 through June 30, 2016.
2. On page 1 of the Agreement, amend SECTION 3 "SCOPE OF SERVICES" to update tasks, by
replacing with the following:
"Pursuant to this Agreement, COUNTY'S State licensed professional (hereinafter "COUNTY'S
geologist") shall, subject to the procedures set forth herein, review and provide the City written comment
on each of the following: site -specific geologic reports prepared and submitted pursuant to the Alquist-
Priolo Earthquake Fault Zoning Act; site -specific geologic reports assessing rockfall hazard; and other
site -specific geologic hazards reports. COUNTY' S geologist shall review these reports to the same extent
and in the same manner as if the reports were prepared for projects in the unincorporated area of
COUNTY."
3. All other terms and conditions of the Agreement not modified herein are to remain unchanged.
IN WITNESS WHEREOF, the Parties hereto have caused their duly authorized representatives to
execute this Amendment.
1 Amendment No. 2 with City of La Quinta
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County
County of Riverside
Planning Department
4080 Lemon Street, 12�h Floor
Riverside, CA 92501
By:
Name: Steven Weiss
Title: Planning Director
Date:
By:
Deputy
Citv
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
Digitally signed by Frank.. Spevacel,Aj��
DN:
serialNumber=l n615nh01202cvmj,
c=US, st=California, I=La Quinta,
o=Frank J. Spevacek cn=Frank J.
Spevacek
By Date: 2015.09.24 13:47:34 -07'00'
Name:
Title:
Date:
ATTEST:
Susan Maysels, City Clerk
Digitally signed by City of La Quinta
DN:serialNumber=6fmhzhdhvfjz93cr,
-Us, st=California, I=La Quinta, o=City
of La Quinta, cn=City of La Quinta
Date: 2015.09.24 1 5:07:34 -07'00'
APPROVED AS TO FORM:
William H. Ihrke, City Attorney
2 Amendment No. 2 with City of La Quinta