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Home My WebLink About10/14/2008 RDA Reports CITY OF LAKE ELSINORE REDEVELOPMENT AGENCY AGENDA THOMAS BUCKLEY, CHAIRMAN WWW.LAKE- ELSINORE.ORG ROBERT SCHIFFNER, VICE - CHAIRMAN (951) 674 -3124 PHONE DARYL HICKMAN, MEMBER (951) 674 -2392 FAX GENIE KELLEY, MEMBER LAKE ELSINORE CULTURAL CENTER ROBERT MAGEE, MEMBER 183 NORTH MAIN STREET ROBERT BRADY, EXECUTIVE DIRECTOR LAKE ELSINORE, CA 92530 ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** TUESDAY, OCTOBER 14, 2008 STUDY SESSION AT 4:00 P.M. CLOSED SESSION AT 5:00 P.M. PUBLIC SESSION AT 7:00 P.M. CALL TO ORDER -- 5:00 P.M. ROLL CALL CLOSED SESSION (1) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov't Code §54956.8) Properties: APNs 363281024 -3, 363540003 -4, 373061009 -3, 373062006 -3, 373082021 -8, 373083020 -0, 373132052 -0, 373132053 -1, 373132058 -6, 373132059 -7, 373133001 -7, 373133002 -8, 373134024 -1, 373134025 -2, 373134026 -3, 373135019 -0, 373152001 -6, 374043014 -8, 374072026 -9, 374262004 -6, 374262011 -2, 375031023 -6, 375042027 -4, 375042028 -5, 375152048 -3, 375152049 -4, 375201019 -8, 375201020 -8, 375223036 -1, 375223037 -2, 375274009 -5, 375274010 -5, 375274046 -8, 375274047 -9, 375293023 -6, 375293029 -2, 375293030 -2, 375321006 -7, 375321029 -8, 375321030 -8, 375321031 -9, 375321032 -0, 375321033 -1, 375321053 -9, 375321054 -0, 375324010 -9, 378055055 -0, 378100008 -7, 378100009 -8, 378100017 -5, 378157040 -1, 378182017 -9, 378182018 -0, 378182035 -5, 379191004 -2. City /RDA negotiator: City Manager / Executive Director Brady Negotiating parties: Redevelopment Agency, City of Lake Elsinore, and the County of Riverside, et al. Under negotiation: Price and terms of payment CALL BACK TO ORDER - 7:00 P.M. CLOSED SESSION REPORT ROLL CALL PUBLIC COMMENTS - NON - AGENDIZED ITEMS -1 MINUTE (Please read & complete a Speaker's Form at the podium, prior to the start of the City Council Meeting.) PUBLIC COMMENTS — AGENDIZED ITEMS — 3 MINUTES (Please read & complete a Speaker's Form at the Podium, prior to the Start of the City Council Meeting. The Chairman will call on you to speak, when your item is called.) CONSENT CALENDAR (All matters on the Consent Calendar are approved on one motion, unless a Boardmember or any member of the public requests separate action on a specific item.) (2) Approval of Redevelopment Agency Minutes Recommendation: Approve the following minutes: a) Joint City Council /Redevelopment Agency Study Session — September 23, 2008. b) Regular Meeting — September 23, 2008. (3) Warrant List Dated September 30, 2008 Recommendation: Authorize payment of Warrant List dated September 30, 2008. (4) Downtown Master Plan Consultant Selection Recommendation: The City Council authorize the City Manager to enter into a contract with Cooper Carry, Inc. to prepare the City of Lake Elsinore Downtown Master Plan, in an amount not to exceed $207,280. PUBLIC HEARING(S) No public hearings scheduled. BUSINESS ITEM(S) No business items scheduled. PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES EXECUTIVE DIRECTOR COMMENTS LEGAL COUNSEL COMMENTS BOARDMEMBER COMMENTS ADJOURNMENT The Lake Elsinore Redevelopment Agency will adjourn to a regular meeting to be held on Tuesday, October 28, 2008, at 5:00 p.m. to be held in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. AFFIDAVIT OF POSTING I, VIVIAN M. MUNSON, Agency Secretary of the City of Lake Elsinore, do hereby affirm that a copy of the foregoing agenda was posted at City Hall, 72 hours in advance of this meeting. / /ss // VIVIAN M. MUNSON DATE AGENCY SECRETARY C I'TY OF .�... LAKE OLSINORI. ' DREAM EXTREME Sr- REPORT TO THE REDEVELOPMENT AGENCY TO: HONORABLE CHAIRMAN AND MEMBERS OF THE REDEVELOPMENT AGENCY FROM: ROBERT A. BRADY EXECUTIVE DIRECTOR DATE: OCTOBER 14, 2008 SUBJECT: CLOSED SESSION ITEM(S) Discussion (1) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov't Code §54956.8) Properties: APNs 363281024 -3, 363540003 -4, 373061009 -3, 373062006 -3, 373082021 -8, 373083020 -0, 373132052 -0, 373132053 -1, 373132058 -6, 373132059 -7, 373133001 -7, 373133002 -8, 373134024 -1, 373134025 -2, 373134026 -3, 373135019 -0, 373152001 -6, 374043014 -8, 374072026 -9, 374262004 -6, 374262011 -2, 375031023 -6, 375042027 -4, 375042028 -5, 375152048 -3, 375152049 -4, 375201019 -8, 375201020 -8, 375223036 -1, 375223037 -2, 375274009 -5, 375274010 -5, 375274046 -8, 375274047 -9, 375293023 -6, 375293029 -2, 375293030 -2, 375321006 -7, 375321029 -8, 375321030 -8, 375321031 -9, 375321032 -0, 375321033 -1, 375321053 -9, 375321054 -0, 375324010 -9, 378055055 -0, 378100008 -7, 378100009 -8, 378100017 -5, 378157040 -1, 378182017 -9, 378182018 -0, 378182035 -5, 379191004 -2. City /RDA negotiator: City Manager / Executive Director Brady Negotiating parties: Redevelopment Agency, City of Lake Elsinore, and the County of Riverside, et al. Under negotiation: Price and terms of payment Recommendation Recess prior to adjournment of tonight's meeting in order to conduct an executive (closed) session. Prepared by: Vivian Muns n City Clerk Approved by: Robert A. Agenda Item No. 1 Brady Y Executive Directo Page 1 of 1 LAKE QLSITIORE DREAM EXTREME T N REPORT TO THE REDEVELOPMENT AGENCY TO: HONORABLE CHAIRMAN AND MEMBERS OF THE REDEVELOPMENT AGENCY FROM: ROBERT A. BRADY EXECUTIVE DIRECTOR DATE: OCTOBER 14, 2008 SUBJECT: APPROVAL OF MINUTES Discussion The following Redevelopment Agency minutes are for approval as follows: a) Joint City Council /Redevelopment Agency Study Session — September 23, 2008. b) Regular Meeting — September 23, 2008. Recommendation Concur with City Council approval of all submitted Joint City Council /Redevelopment Agency Study Session Minutes and all regular meeting Redevelopment Agency minutes as submitted. Prepared by: Vivian M. Muns Agency Secretary Approved by: Robert A. Brady 1 Executive Directo �` Agenda Item No. 2 Page 1 of 5 MINUTES REDEVELOPMENT AGENCY MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, SEPTEMBER 23, 2008 CALL TO ORDER — 7:00 P.M. Chairman Buckley called the Redevelopment Agency meeting to order at 8:42 p.m. ROLL CALL PRESENT: CHAIRMAN BUCKLEY VICE - CHAIRMAN SCHIFFNER MEMBER HICKMAN MEMBER KELLEY MEMBER MAGEE ABSENT: NONE Also present were Executive Director Brady, Agency Counsel Leibold, Administrative Services Director Pressey, City Treasurer Weber, Captain Fetherolf, Captain Cleary, Director of Public Works /City Engineer Seumalo, Director of Parks and Recreation Gonzales, Lake and Aquatic Resources Director Kilroy, Finance Manager Riley, Director of Community Development Preisendanz, Planning Manager Weiner, and Agency Secretary Munson. PUBLIC COMMENTS — NON - AGENDIZED ITEMS —1 MINUTE There were no public comments. PUBLIC COMMENTS — AGENDIZED ITEMS — 3 MINUTES There were no public comments. AGENCY APPROVES CONSENT CALENDAR NOS. 1 THROUGH 3 The following items were listed on the Consent Calendar for Agency approval: (1) Approval of Redevelopment Agency Minutes Recommendation: Approve the following minutes: a) Joint City Council /Redevelopment Agency Study Session — May 22, 2008. 1 Agenda Item No. 2 Page 2of5 b) Joint City Council /Redevelopment Agency Study Session — September 9, 2008. c) Regular Meeting — September 9, 2008. (2) Warrant List Dated September 15, 2008 Recommendation: Authorize payment of Warrant List dated September 15, 2008. (3) Investment Report — August 2008 Recommendation: Receive and file. It was moved by Member Kelley, and seconded by Member Hickman to approve Consent Calendar Item Nos. 1 through 3. The following vote resulted: AYES: CHAIRMAN BUCKLEY VICE - CHAIRMAN SCHIFFNER MEMBER HICKMAN MEMBER KELLEY MEMBER MAGEE NOES: NONE ABSENT: NONE ABSTAIN: MEMBER HICKMAN (Items 1 b and 1c) PUBLIC HEARING(S) (4) AGENCY RECEIVES AND FILES MID -TERM REVIEW TO EVALUATE THE AGENCY'S REDEVELOPMENT AND HOUSING IMPLEMENTATION PLAN 2005 -2009 AND THE PROGRESS OF THE RANCHO LAGUNA REDEVELOPMENT PROJECTS NO. I, NO. II AND NO. III Chairman Buckley opened the public hearing at 8:43 p.m. Agency Counsel provided the staff report. Counsel indicated Redevelopment Law Law requires the Agency consider and open a public hearing for comment with respect to its Five Year Implementation Plan sometime during the middle of that five year term. She noted the current Implementation Plan runs from 2005 through 2009 and one year from now a new updated Implementation Plan for the Agency's board consideration. She noted there are no substantial changes proposed for this mid -term review. 2 Agenda Item No. 2 Page3of5 There being no public comments, Chairman Buckley closed the public hearing at 8:45 p.m. It was moved by Member Kelley and seconded by Vice - Chairman Schiffner to receive and file the mid -term report. The following vote resulted: AYES: CHAIRMAN BUCKLEY VICE- CHAIRMAN SCHIFFNER MEMBER HICKMAN MEMBER KELLEY MEMBER MAGEE NOES: NONE ABSENT: NONE ABSTAIN: NONE BUSINESS ITEM(S) There were no business items. PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES There were no public comments. EXECUTIVE DIRECTOR COMMENTS No comments. LEGAL COUNSEL COMMENTS No comment. MEMBER COMMENTS Chairman Buckley announced the Redevelopment Agency was awarded $1 million federal grant by the Housing and Urban Development Department to build housing and revitalize downtown. ADJOURNMENT It was the consensus of the Redevelopment Agency to adjourn to a regular meeting on October 14, 2008, at 5:00 p.m. at the Cultural Center located at 183 N. Main Street, 3 Agenda Item No. 2 Page 4 of 5 Lake Elsinore, CA, 92530. The following vote resulted: AYES: CHAIRMAN BUCKLEY VICE -CHAIR SCHIFFNER MEMBER HICKMAN MEMBER KELLEY MEMBER MAGEE NOES: NONE ABSENT: NONE ABSTAIN: NONE Chairman Buckley adjourned the meeting at 8:47 p.m. THOMAS BUCKLEY, CHAIRMAN REDEVELOPMENT AGENCY ATTEST: VIVIAN M. MUNSON AGENCY SECRETARY 4 Agenda Item No. 2 Page 5 of 5 CITY OF i. LAKE 5LS I NOTE DREAM EXTREME,. REPORT TO THE REDEVELOPMENT AGENCY TO: HONORABLE CHAIRMAN AND MEMBERS OF THE REDEVELOPMENT AGENCY FROM: ROBERT A. BRADY EXECUTIVE DIRECTOR DATE: OCTOBER 14, 2008 SUBJECT: WARRANT LIST DATED SEPTEMBER 30, 2008 Discussion The warrant list is a listing of all general checks issued since the prior Warrant List. Recommendation Authorize payment of Warrant List dated September 30, 2008. Prepared By: Crystal Robinson n ,� Account Specialist I l%� Reviewed By: Matt N. Presse Director of Admini rative Services /R. D. A. Treasurer Approved By: Robert A. Brady Executive Director Agenda Item No. 3 Page 1 of 3 SEPTEMBER 30, 2008 LAKE ELSINORE WARRANT SUMMARY REDEVELOPMENT AGENCY UN'D DESCRIPTION TOTAL 910 R.D.A. AREA 1 FUND $ 2,715.83 913 DEBT SERVICE FUND 127,871.88 D AREA 1 2 _ _ 66.75 0 914 20% HOUSING SET ASIDE FUND 198, --- - _ 2,715.83 , 715715 .83 920 R.D.A. AREA 2 FUND 232 2, 923 DEBT SERVICE FUND AREA 2 930 R.D.A. AREA 3 FUND - 2,715.84 - - - 933 DEBT SERVICE FUND AREA 3 118,648.37 952 CFD 90 -2 DEBT SERVICE FUND 1,263,990.11 GRAND TOTAL $ 1,946,825.64 10/1/2008 Warrant 093008 1 of 1 Agenda Item No. 3 Page 2 of 3 SEPTEMBER 30, 2008 LAKE ELSINORE WARRANT LIST REDEVELOPMENT AGENCY CHECK# VENDOR NAME AMOUNT $ 150.00 6028 I -215 SUMMIT 891,070.6 1 3 6029 UNION BANK OF CALIFORNIA 3 - - - - - - 7 6030 BURKE, WILLIAMS & SORENSEN 9,966.27 - - - - - 6031 CITY OF LAKE ELSINORE 362.42 6032 RIVERSIDE COUNTY, OFFICE OF EDUCATION 3,658.35 6033 E.V.M.W.D. 9,024.67 - - - - - 268.35 , 6034 ELSINORE WATER DISTRICT 6 6, 6035 HARRIS & ASSOCIATES, INC. 1,510.65 6036 KEYSER MARSTON ASSOCIATES, INC. 7,997.50 6037 LAKE ELSINORE UNIFIED SCHOOL DISTRICT 14,775.10 6038 MT. SAN JACINTO JR. COLLEGE 1,772.00 6039 THE PRESS ENTERPRISE 269.70 TOTAL $ 1,946,825.64 10/1/2008 Warrant 093008 1 of 1 Agenda Item No. 3 Page 3 of 3 CITY OF LAKE LSITIORE DREAM EXTREME, REPORT TO THE REDEVELOPMENT AGENCY TO: HONORABLE CHAIRMAN AND MEMBERS OF THE REDEVELOPMENT AGENCY • FROM: ROBERT A. BRADY CITY MANAGER DATE: OCTOBER 14, 2008 SUBJECT: DOWNTOWN MASTER PLAN CONSULTANT SELECTION Background Based on Redevelopment Agency directives, the Planning Division has been tasked with fostering and managing the process of adopting a "Master Plan" for the City's downtown area. A downtown master plan is a "district" or "area" plan that identifies development goals tailored to the specific needs of the downtown area. A downtown master plan represents a bridge between present conditions and the future, which is conceptualized in the General Plan. The Downtown Master Plan will emphasize short-term specific objectives rather than Tong -range general goals, and contain specific development policies and recommendations. By applying the priorities and goals of the community, the Downtown Master Plan will guide future development of the City Center. Discussion In August of 2008, staff sent out a Request for Proposal (RFP) (Attachment 1) to prepare a Downtown Master Plan document. Staff requested that the Master Plan include design & land use considerations, urban design guidelines, public investment projects and programs necessary to facilitate goals and objectives of the city & downtown area, parking and infrastructure needs, an implementation plan, and a public outreach component. The RFP was posted on the City website, the American Planning Association website, and also mailed to appropriate consulting firms. Staff received ten (10) proposals from consulting firms listed in the matrix below (in order of cost). Consultant -, . y ;Location ? Cost PCI Seal Beach, CA $75,000 Project Design Consultants San Diego, CA $168,634 *Cooper Carry, Inc. Newport Beach, CA $207,280 RRM Design Group San Clemente, CA $222,040 Agenda Item No. 4 Page 1 of 23 Downtown Master Plan Consultant Selection October 14, 2008 Page 2 Consultant Matrix (continued) [/�) r 8 r � �7 r,, �' #� a �k'x ri � : i . t t " 7 1y �' 3t "" , t� ': i � t ' i`� ; 4f, k ` "im i �: ti 0 1 �C ansultant d .,�. A 2.2' �I ��5 7"�� 4 , ' ,, �r�� o ,t .. P 1 C Y San Diego, CA PMC $329,653 g Danielian Associates Irvine, CA $ 379,265 RBF Consulting Ontario, CA $396,139 Tierra Verde Temecula, CA $398,400 DWG Consulting Escondido, CA $499,470 Carrier - Johnson San Diego, CA $549,817 * Selected Consultant • Selection Criteria While reviewing the submitted RFPs, staff employed the following factors to determine the best qualified firm and most advantageous proposal to the City. • Willingness and flexibility to attend multiple meetings and public hearings without affecting the budget for the project; • Experience with Downtown Master Plans; • Qualifications and number of staff committed to the successful completion of the project; • Innovative, yet proven, ideas to create a thorough and user friendly document; • A thorough cost matrix/estimate encompassing all related costs; • Components and format to address the proposed scope of work; • References; • Cost estimate. Many of the consulting firms that responded to the RFP exhibited experience and dependability with the preparation of similar projects, including knowledge of specific aspects of a Downtown Master Plan process. Cost estimates from the most qualified firms varied greatly given the general scope of work provided. Staff recommends the selection of Cooper Carry, Inc. This firm demonstrated the ability to provide the most advantageous program for the City. Cooper Carry's proposal was on the lower -end cost wise compared to the other most qualified proposals. The proposal provided added elements such as a full breakdown of associated costs, review of past projects, and most importantly, a provision which makes all meetings and public hearings "all-inclusive," which is a key component related to approval timeframes and avoiding cost overruns. Cooper Carry's proposal has been included in the agenda packet for reference. Agenda Item No. 4 Page 2 of 23 Downtown Master Plan Consultant Selection October 14, 2008 Page 3 Fiscal Impact Associated costs for the Downtown Master Plan will be paid through Redevelopment Agency funds. Existing Planning Division staff will conduct project support and there will be no impact to the General Fund. Recommendation Staff recommends that the Inc. to prepare Council authorize the City Manager to enter into a contract with Cooper Carry, the C ty of Lake Elsinore Downtown Master Plan, in an amount not to exceed $207,280. Prepared by: Tom Weiner Acting Director of Community Development Approved by: Robert A. Brady, ► City Manager 111 Attachment Downtown Master Plan Request for Proposals Agenda Item No. 4 Page 3 of 23 Attachment CITY OF LAI.,E OLSINOrkE V3 DREAM EXTREME.. CITY OF LAKE ELSINORE COMMUNITY DEVELOPMENT DEPARTMENT "PLANNING DIVISION" REQUEST FOR PROPOSALS DOWNTOWN MASTER PLAN Contact Information City of Lake Elsinore Planning Division 130 S. Main Street Lake Elsinore, Ca 92530 Phone: (951) 674 -3124 Fax: (951) 471 -1419 www.lake- elsinore.org DUE DATE: AUGUST 25, 2008 Agenda Item No. 4 Page 4 of 23 City of Lake Elsinore RFP Downtown Master Plan Page 1 REQUEST FOR PROPOSALS (RFP) DOWNTOWN MASTER PLAN City of Lake Elsinore Introduction The City of Lake Elsinore Community Development Department, through the Planning Division, and the Redevelopment Agency of the City of Lake Elsinore (RDA) are requesting proposals from qualified consulting firms (hereinafter called "Consultant ") to enter into a contract in order to assist in preparing an innovative Downtown Master Plan for the City of Lake Elsinore, California. The "Downtown Master Plan" will be focused within the boundaries proposed in the Draft General Plan as the "Main Street Overlay Area." The Main Street Overlay Area is located in the center of the City and has been the focal point of the City since its incorporation in 1888. The City has invested a significant amount of resources into preserving historic structures as well as improving the appearance of the district. Currently the Historic Elsinore Architectural Design Standards overlay document, which was created in 1993, governs the area within the Historic Elsinore boundary. The primary focus of this forward- looking endeavor is to identify a development scheme for the "Downtown" area, thereby concentrating and strengthening the revitalization of the "Downtown" area as the premier civic, commercial, and cultural destination of the City and surrounding areas, as well as providing a strong connection to the lake and a vibrant location for the civic center. The City and the RDA desire to have a well planned and sustainable civic, commercial, and cultural destination that reflects common goals and objectives of community stakeholders. This desire has led the City to initiate this RFP in an effort to update and expand upon the existing Historic Elsinore Architectural Design Standards, thus pursuing and concentrating on the creation of an innovative Downtown Master Plan that reflects the optimal vision for the area. Purpose The purpose of the Downtown Master Plan is to accomplish the following: 1) Create a readily actuated and incremental comprehensive urban design vision for the area; 2) Provide land development regulations and a regulatory framework to guide future public and private development in the area; 3) Encourage the development of public space and community art; 4) Foster opportunities for historic preservation and redevelopment; Agenda Item No. 4 Page 5 of 23 City of Lake Elsinore RFP Downtown Master Plan Page 2 5) Develop evidence -based economic strategies and a comprehensive implementation plan necessary to support the desired vision; and 6) Establish and recognize an innovative and distinct downtown Main Street ambiance and experience. Scope of Services A well- developed and feasible implementation plan is vital to successful future development and redevelopment of the Downtown area. The proposal should include, but not be limited to, the identification of priorities, timelines, strategies, projects, programs, cost estimates, funding sources, and economic incentives necessary to realize the successful implementation of the Downtown Master Plan. Examples of programs to be analyzed and considered for inclusion in the implementation strategy include, but should not be limited to, the founding of a Business Improvement District, the creation of a downtown permit expediting program, the establishment of shovel -ready sites, the distribution of facade improvement grants, the formation of a nationally registered historic district, the development of a restaurant incentive program, and other innovative and proven methods of encouraging desirable economic development and redevelopment appropriate for the area and its vision. The Consultant will be responsible for providing a response which meets the direction provided in this Request for Proposals. The City desires this to be an interactive process that directly involves key representatives and stakeholders within the City as a team in outlining an implementation strategy and identifying the priorities for which all participants can assert a strong commitment and a sense of ownership. The Consultant must serve as the ambassador /liaison between the community, stakeholders, the RDA, and the Planning Division to work toward sound solutions to real needs. The Consultant must take on the leadership to execute the tasks contracted and should intimately involve staff, officials, and the community in the preparation of the "Downtown Master Plan." The proposal must include the following: 1. Project Management, Coordination and Communication: • In addition to the specific services detailed below, the Consultant's team shall coordinate with the City and its RDA the documented scope of services contained herein, participate in team conference calls, and provide timely invoicing and reporting of project progress, which must include any out of scope issues that arise. Also, the Consultant must notify the City and RDA of any changes in the scope and vision that may arise during the preparation of the "Downtown Master Plan." 2. Public Involvement Strategy: • The Consultant shall work with City and RDA staff to develop an intimate and all inclusive public involvement strategy to engage diffuse participation at all levels of the community— from elected officials to the general public— throughout the length of the Agenda Item No. 4 Page 6 of 23 City of Lake Elsinore RFP Downtown Master Plan Page 3 planning process. While civically active community groups and individuals should be consulted as part of this process, the Consultant should also solicit input from individuals presently less engaged in the downtown. This task may include public workshops, individual interviews of elected officials, meetings, surveys, charrettes, and /or other methods of efficiently and effectively moving the planning process forward. The Consultant should also utilize existing data where available, such as from the Community Civic Center Survey conducted in 2007. 3. Contextual Analysis and Development of Issues and Opportunities: • The Consultant shall work with the City and its RDA to assess background information needs and availability. Based on this information, the consultant shall analyze existing conditions from the perspectives of urban design, land development regulations, public space, the development community, transportation and utility infrastructure, housing densities, civic locations, affordable housing needs, market suitability, steps for neighborhood historic preservation, economic strategies necessary to support the desired vision, crime prevention through environmental design, leadership in energy and environmental design, and a regulatory framework to guide future public and private investment. It should be noted that the City and its RDA respect private property rights and have no intention of wholesale eminent domain. The outcome and analysis under this section shall include a list of issues and opportunities to guide the objectives of the Downtown Master Plan. Specific items to be studied are: D Physical Inventory The Consultant will analyze and map existing and proposed future land uses, public streets and alleys, ecological features, historical /cultural features, vacant or underutilized land, public space /parks, neighborhoods, building and development patterns, etc. ➢ Land Use History The Consultant will become familiar with the history of the City and develop a description of the land use and development history of the downtown area in order to place past trends in the context of future public and private opportunities. D Demographic Assessment- The Consultant will develop a demographic evaluation of the Downtown study area. D Land Utilization Utilizing existing City property parcel information, physical assessments and land use information, the Consultant shall create a land utilization assessment of the study area to identify candidate catalytic development and redevelopment opportunities in the corridor. Specific downtown projects to be analyzed and considered include the civic center (including a 6,000 square foot Council Chamber, open public space, a 45,239 square foot City Hall, 10,000 square feet of other government offices, a retail post office, and a 25,200 square foot library), a recreational /entertainment/retail pier, hotel, parking, and affordable housing. Although not limited to this list, past studies have also Agenda Item No. 4 Page 7 of 23 City of Lake Elsinore RFP Downtown Master Plan Page 4 demonstrated an interest in the analysis and consideration of a museum/historic /arts center, Motocross Hall of Fame, community playhouse, other community facilities, restaurants, bell/clock tower, recreational linkages to the Channel Walk and boat launch, and other desirable public and private developments necessary for the realization of the downtown master plan vision. Additionally, a thorough site analysis linked with the implementation strategy should identify sites to include in a shovel -ready site development program. ➢ Transition of Design and Uses- The Consultant should allow for the transition of design and use from more traditional design requirements and private uses toward the 15 freeway and in the downtown core Main Street Overlay Area, to a less design restrictive area that is more open to innovation and public uses toward the Lake and outside of the downtown core. ➢ Documentation (Community Analysis)- The Consultant will create a series of urban context diagrams that graphically illustrate the various issues to highlight their importance. Examples of these diagrams may include development history, districts, neighborhoods, parks and open space, transportation/access, building massing and scale, architectural development opportunities, etc. Deliverables: The Consultant will summarize the aforementioned findings in a draft technical memorandum to be delivered to the City of Lake Elsinore and will deliver this memorandum in an editable electronic format compatible with the City's computing capabilities. 4. Market Absorption Study: • Partially utilizing existing market studies of the area, the Consultant will develop a market study and economic analysis of the Downtown study area. The Consultant shall prepare an economic analysis to quantify the phased residential, non - residential, mixed - use development, redevelopment, and tourism opportunities within the study area. This study shall focus on quantifying the level of opportunity for desirable downtown development, including retail and employment land uses and assessing the current and projected market conditions for both market rate and affordable housing. Deliverable: The Consultant shall prepare and analyze a summary of key conclusions relative to the issues and incremental opportunities in the study area from a market, economic and demographic viewpoint. The study will be developed to identify short-term, mid -term, and long- term market options and strategies for this area.. 5. Master Plan: • The Consultant shall develop a Downtown Master Plan that: ➢ Identifies major urban design character districts and recommends associated design and land use considerations (consistent with the General Plan Update). Agenda Item No. 4 Page 8 of 23 City of Lake Elsinore RFP Downtown Master Plan Page 5 ➢ Presents urban design guidelines and land development regulations in a highly illustrated form; the narrative portion should be written with the assumption that the City's Planning Division will take the role of codification. D Gathers LiDAR data and provides a high quality virtual walkthrough and ground - based 3D urban modeling of the downtown master plan area that corresponds to various stages of the vision for the area. ➢ Identifies phased public investment projects and programs necessary to incrementally facilitate the goals and objectives of the City/RDA and the Downtown area. D Proposes an actionable, comprehensive, and incremental implementation plan, including project /program descriptions and features, schedules /timelines, and strategies that are appropriate for the area, incrementally forward- thinking and innovative, and justified by market goals, analyses, and projections. D Utilizes City and RDA studies of the area, and other sources, to develop a cost/benefit analysis that will include itemized implementation strategy program /project expenses and projected revenues, as well as proposed suitable funding sources for the vision (e.g., specific grant programs, General Fund, Tax Increment, private investment ). ➢ Identifies public space opportunities, community art opportunities, including a civic center area, and requirements for effective programming. D Identifies parking and infrastructure needs for the Downtown area. ➢ Provides an index, definition, and acronym explanation section. 6. Design Parameters for the Form -Based Code: • Considering the existing Historic Elsinore Architectural Design Standards, the Consultant will develop a comprehensive set of design requirements for the Main Street Overlay Area. During this task, the Consultant shall develop the "Community Design" parameters for a new code section that will regulate development to ensure high - quality public spaces defined by a variety of building types and uses including mixed -uses, housing (including developments for a variety of income levels), retail, restaurant, entertainment, and office- space. The new code will incorporate a regulation plan, building form standards, street standards (plan & section), parking form (which may include the need for a parking structure), use regulations as needed, descriptive building or lot types, and other elements needed to implement the principles of functional and vital urbanism and practical management of smart growth. The "Community Design Standards" of this document would typically include the following: Agenda Item No. 4 Page 9 of 23 City of Lake Elsinore RFP Downtown Master Plan Page 6 ➢ Overview, including definitions, principles, and intent; and explanation of the regulations and process in clear user - friendly language. ➢ Regulating Plan (a schematic representation of the Downtown Master Plan) illustrating the location of streets, blocks, public spaces, and other special features. Regulating plans may also include aspects of Building Form Standards such as "build -to- lines" or "required building lines" and building type or form designations. ➢ Identification and incorporation of public alleyways. ➢ Building Form Standards governing basic building form, placement, and fundamental urban elements to ensure that all buildings complement neighboring structures and the street. These standards should be based upon study of building types for the region, climate, and neighborhood vitality. ➢ Public Space /Street Standards defining design attributes and geometries that balance the needs of motorists, pedestrians, bicyclists, and transit riders while promoting a vital public realm. These standards should include design specifications for pedestrian friendly sidewalks, travel lane widths, on- and -off street parking, curb geometry, trees and lighting. ➢ The Downtown Master Plan shall identify and provide examples of architectural designs, design elements, and other features reflective of the history and culture of the Downtown, while also allowing for useful and respectful innovations, such as design features that reflect the Leadership in Energy and Environmental Design and Crime Prevention through Environmental Design guidelines. Other sections should include building or lot types, architectural standards (exterior materials and quality), crime prevention through environmental design requirements, leadership in energy and environmental design incentives, and landscape standards, which should include provisions for drought - tolerant California Friendly landscaping. Deliverables: The Consultant shall .prepare a set of design parameters for a new form -based code for parts or all of the study area. The deliverable will be able to be integrated by City staff into the City's existing regulatory framework (zoning and land development regulations) in a manner that ensures procedural consistency, meshes with state and local legal requirements, provides clarity as to applicability of existing regulations, and maximizes the effectiveness of the code. In addition, the Consultant will prepare an analysis of the staffing needs to enforce the new code and implement the Downtown Master Plan. General Requirements for Request for Proposals (RFP) The contractor shall provide the following: Agenda Item No. 4 Page 10 of 23 City of Lake Elsinore RFP Downtown Master Plan Page 7 • A brief description of the consulting firm, organizational structure, location of principal offices, number of professional personnel, names of staff members that may work on assigned projects, and all other pertinent information. • The name and relevant experience of the principal or project manager in the firm who will have direct and continued responsibility for the project. This person will be the City's contact on all matters dealing with the project and will handle all day -to -day through completion of the project. • The names of any outside consultants and /or sub - consultants to be utilized, including a brief description of their role in the project. The intent of the City is to have the firm receiving this RFP perform the bulk of the work to be covered by the annual agreement. Sub - consulting must be pre- authorized by the Director of Community Development and will only be allowed in limited situations. • The Consultant's understanding of the purpose of the agreement and proposed approach for completing work. • A detailed list of the items of work to be performed by the consultant. • Resumes of all personnel that will provide services in relation to the Downtown Master Plan. • Examples of each consultant's recent relevant experience. • A detailed cost estimate for completing the Downtown Master Plan project, which includes a schedule for expected payments, and an hourly cost for additional time should also be included. • An authorized official of the consulting firm shall sign the proposal. • The proposal shall be valid for a minimum of 90 days. Upon expiration, a new proposal shall be provided and agreed upon. • The Consultant is obligated to provide evidence of insurance liability and abide by all City of Lake Elsinore Risk Management procedures. • The Consultant will maintain required professional licenses and registration during the life of the agreement with the City. • Projected timetable for completing the Scope of Work and presenting Final Deliverables. • Number of meetings, whether workshops or public hearings, shall be included in the proposed cost and a cost for any additional meetings. Agenda Item No. 4 Page 11 of 23 • City of Lake Elsinore RFP Downtown Master Plan Page 8 • List of data required from the client for the consultant to complete the Scope of Work, and expectations of the consultant in terms of client's role /participation in the project. General Information • The City of Lake Elsinore reserves the right to reject any and all submittals. • The City and its agents reserve the right at any time, in their sole and absolute discretion, to modify or suspend any and all aspects of this RFP. • No oral interpretations of the RFP or related information will be binding. • Should the selected Consultant, if any, be deemed by the City to lack the necessary expertise, or to need wider consulting assistance, the Consultant may be required to associate with other consultants for the project. No consultant should be chosen without the concurrence of both the City and the selected Consultant. • Consultant shall not bill the City for any travel time and/or expenses associated with any meetings or charge a set minimum number of hours for each meeting beyond that which has been agreed to. • The terms and scope of the Agreement will be arrived at on the basis of professional negotiations between the City and the prospective consultant. If the City and prospective consultant fail to reach a contractual agreement, the City may renegotiate with any other finalist. The City's standard agreement is attached for reference. • Each Consultant, by submitting for this RFP, waives any claim, liability or expense whatsoever against the City of Lake Elsinore and /or the Redevelopment Agency of the City of Lake Elsinore, and their respective officers, commissioners, employees, and agents. • Please refer any questions regarding the technical content of this RFP to Justin Carlson, Associate Planner or Tom Weiner, Planning Manager at (951) 674 -3124 ext's. 295 and 270 respectively. Selection Criteria • The City and RDA plans to consider the consulting firm's experience with performing work in a similar capacity, the qualification and number of staff available for the assignment, the experience of any sub - consultants, references, and the firm's demonstrated ability to meet deadlines. Agenda Item No. 4 Page 12 of 23 City of Lake Elsinore RFP Downtown Master Plan Page 9 • A selection team will review the RFP submitted and may request interviews from the top candidates. The top candidates will be ranked by the selection team based on qualifications and presentations. The City and RDA reserves the right to negotiate terms and scope of work with the two (2) highest ranked candidates. If an agreement cannot be negotiated, the City and RDA reserve the right to renegotiate with any other finalist. The final authority for the approval of any contract rests entirely with the Redevelopment Agency Board of Directors and the City Council of the City of Lake Elsinore. Time Schedules The following is the City/RDA's tentative schedule for completing review of the submitted RFP and executing an agreement: 1. Issuance of RFP request: August 1, 2008 2. Deadline for filing RFP with City: August 25, 2008 3. Staff review of Statement of Qualifications: August 26 - September 1, 2008 4. Interview of top consultants (if deemed necessary): September 15 — 18 2008 5. Recommendation to City Council for approval: Late September 2008 6. Agreement Term: TBD 7. First Council review of Consultant's work January 2009 Five (5) copies of the Statement of Qualifications must be received in person or via mail by 5:00 p.m. on the filing deadline of August 25, 2008 to the: City of Lake Elsinore City Clerk Attn: Vivian Munson 130 S. Main Street Lake Elsinore, Ca 92530 Please clearly mark the envelope as follows: Request for Proposals (RFP) City of Lake Elsinore Downtown Master Plan — Community Development Department Attachments: Exhibit "A" Agreement for Professional Services Agenda Item No. 4 Page 13 of 23 City of Lake Elsinore RFP Downtown Master Plan Page 10 Exhibit "A" AGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional Services (the "Agreement ") is made and entered into as of the _. day of , 200_, by and between the City of Lake Elsinore, a municipal corporation ( "City ") and ( "Consultant "). RECITALS A. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement. B. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. C. City desires to retain Consultant to render professional consulting services and related work as set forth in this Agreement. AGREEMENT 1. Scope of Services. Consultant shall perform the services described in the attached Down Town Master Plan Request for Proposal (RFP) and incorporated herein by reference. Consultant shall provide said services at the time, place, and in the manner specified in RFP, subject to the direction of the City through its staff that it may provide from time to time. 2. Time of Performance. The services of Consultant are to commence upon execution of this Agreement and shall continue for a period of one (1) year. 3. Compensation. Compensation to be paid to Consultant shall be in accordance with the detailed cost estimates for completing the Downtown Master Plan provided with the consultant's response to the RFP. In no event shall Consultant's compensation exceed $ without additional authorization from the City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. 4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff. When payments made by City equal 90% of the maximum fee provided for in this Agreement, no further payments shall be made until the final work under this Agreement has been accepted by City. Agenda Item No. 4 Page 14 of 23 City of Lake Elsinore RFP Downtown Master Plan Page 11 5. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City. Extra work will be invoiced separately from services performed in accordance with the Scope of Services 6. Termination. This Agreement may be terminated by the City immediately for cause or by either party without cause upon thirty (30) days' written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination. 7. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City acknowledges that any use of such materials in a manner beyond the intended purpose as set forth herein shall be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless Consultant, its officers, officials, agents, employees and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the City's use of such materials in a manner beyond the intended purpose as set forth herein. a. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ( "Documents & Data "). Consultant shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. b. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the Agenda Item No. 4 Page 15 of 23 City of Lake Elsinore RFP Downtown Master Plan Page 12 performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs relating to project for which Consultant's services are rendered, or any publicity pertaining to the Consultant's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 8. Consultant's Books and Records. a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement. b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above -named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor -in- interest. 9. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights. Agenda Item No. 4 Page 16 of 23 City of Lake Elsinore RFP Downtown Master Plan Page 13 10. Interests of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant: a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) 11. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise. 12. Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 13. Licenses. Consultant represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. 14. Indemnity. Consultant agrees to defend, indemnify and hold harmless the City, its officers, officials, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, agents, employees or volunteers. 15. Insurance Requirements. Agenda Item No. 4 Page 17 of 23 City of Lake Elsinore RFP Downtown Master Plan Page 14 a. Insurance. Consultant, at Consultant's own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non -owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant's operations under this Agreement, whether such operations by the Consultant or by its employees, subcontractors, or subconsultants. The amount of this insurance shall not be less than one million dollars ($1,000,000) on a claims -made annual aggregate basis, or a combined single limit per occurrence basis. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language: The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising Agenda Item No. 4 Page 18 of 23 City of Lake Elsinore RFP Downtown Master Plan Page 15 out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self - insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. v. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents, or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. c. Deductibles and Self- Insured Retentions. Any deductibles or self - insured retentions must be declared to and approved by the City. At the City's option, Consultant shall demonstrate financial capability for payment of such deductibles or self - insured retentions. d. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 16. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 If to Consultant: Agenda Item No. 4 Page 19 of 23 City of Lake Elsinore RFP Downtown Master Plan Page 16 17. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 18. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 19. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant and the subcontractors. Consultant shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 20. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 21. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 22. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 23. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. 24. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE ( "JAMS ") or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. Agenda Item No. 4 Page 20 of 23 City of Lake Elsinore RFP Downtown Master Plan Page 17 25. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 26. Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. 27. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 28. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non - discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. Agenda Item No. 4 Page 21 of 23 City of Lake Elsinore RFP Downtown Master Plan Page 18 IN WITNESS WHEREOF the parties have caused this Agreement to be executed on the date first written above. CITY OF LAKE ELSINORE: CONSULTANT: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Agenda Item No. 4 Page 22 of 23 City of Lake Elsinore RFP Downtown Master Plan Page 19 NON - DISCRIMINATION CLAUSE The City of Lake Elsinore, in compliance with Title VI and Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Section 402 of the Readjustment Assistance Act of 1974, Americans With Disabilities Act and other Federal laws and regulations and California law and regulations, does not discriminate on the basis of race, color, ethnicity, national origin, sex, age, religion, disability, political affiliation, or status as a veteran in any of its policies, practices, or procedures. This includes but is not limited to employment and the provision of municipal services. Agenda Item No. 4 Page 23 of 23