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HomeMy WebLinkAboutCity Council & SA Regular Agenda Packet 08-12-2014Cit of Lake Elsinore LAKE-ELSINORE.ORG C i _ Y (',:� r ,.. `, 7 (951) 674-3124 PHONE LIKE LSI N 0 K CULTURAL CENTER 183 N. MAIN STREET —�. [��,,r:,u,; �?:i �t,�.A•��: LSINORE, CA LAKE E Regular Agenda 92530 City Council NATASHA JOHNSON, MAYOR STEVE MANOS, MAYOR PRO TEM BRIAN TISDALE, COUNCIL MEMBER DARYL HICKMAN, COUNCIL MEMBER ROBERT MAGEE, COUNCIL MEMBER GRANT YATES, CITY MANAGER Tuesday, August 12, 2014 7:00 PM Cultural Center CLOSED SESSION at 5:00 PM Cultural Center 183 N. Main St., Lake Elsinore PUBLIC SESSION at 7:00 PM Cultural Center 183 N. Main St., Lake Elsinore The City of Lake Elsinore appreciates your attendance. Citizens' interest provides the Council and Agency with valuable information regarding issues of the community. Meetings are held on the 2nd and 4th Tuesday of every month. In addition, meetings are televised live on Time Warner Cable Station Channel 29 and Verizon subscribers can view the meetings on Channel 31. If you are attending this City Council Meeting, please park in the parking lot across the street from the Cultural Center. This will assist us in limiting the impact of meetings on the Downtown Business District. Thank you for your cooperation. The agenda is posted 72 hours prior to each meeting outside of City Hall and is available at each meeting. The agenda and related reports are also available at City Hall on the Friday prior to the Council meeting and are available on the City's website at www.Lake-Elsinore.org. Any writings distributed within 72 hours of the meeting will be made available to the public at the time it is distributed to the City Council. In compliance with the Americans with Disabilities Act, any person with a disability who requires a modification or accommodation in order to participate in a meeting should contact the City Clerk's Department at (951) 674 3124 Ext. 269, at least 48 hours before the meeting to make reasonable arrangements to ensure accessibility. City of Lake Elsinore Page 1 Printed on 81712014 City Council Regular Agenda August 12, 2014 CALL TO ORDER 5:00 P.M. ln/11 1 ^ A I 1 PUBLIC COMMENTS CITY COUNCIL CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL --ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (1 potential case) CONFERENCE WITH LEGAL COUNSEL --ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: (1 potential case) CALL TO ORDER - 7:00 P.M. PLEDGE OF ALLEGIANCE INVOCATION — MOMENT OF SILENT PRAYER ROLL CALL CLOSED SESSION REPORT PRESENTATIONS / CEREMONIALS None PUBLIC COMMENTS — NON-AGENDIZED ITEMS — 1 MINUTE (Please read & complete a Request to Address the City Council form prior to the start of the City Council meeting and turn it into the City Clerk. The Mayor or City Clerk will call on you to speak.) City of Lake Elsinore Page 2 Printed on 8/7/2014 City Council Regular Agenda August 12, 2014 CONSENT CALENDAR 1) 2) 3) 4) (All matters on the Consent Calendar are approved in one motion, unless a Council Member or any member of the public requests separate action on a specific item.) ID# 14-224 Approval of Minutes Recommendation: It is recommended that the City Council approve the Minutes as submitted. Attachments: CC Minute Report 5.27-2014 Minutes of Budget Study Session May 27, 2014 ID# 14-225 Warrant List Dated J u ly 10 & 24 2014 Recommendation: It is recommended that the City Council of the City of Lake Elsinore receive and file the Warrant List dated July 10 & 24, 2014. Attachments: City Staff Report 08 12 14 Warrant Summary City 07 10 14 Warrant List City 07 10 14 Warrant Summa City 07 24 14 Warrant List City 07 24 14 ID# 14-226 City Investment -Report for June 2014 Recommendation: Staff recommends that the City Council receive and file the City Investment Report for June 2014. Attachments: City Investment Report Cover 2014-06.pdf City Investment Report 201406. df ID# 14-227 A Resolution of the City Council of the Citv of Lake Elsinore California, in Support of Online Authorization of Army and Air Force Exchange Recommendation: It is recommended that the City Council consider adoption of Resolution No. 2014-061 supporting online authorization of Army and Air Force exchange service access by all honorably discharged veterans; and to direct the City Clerk to forward a certified copy of the resolution to our State legislative officials. Attachments: Staff Report Reso of Suppog for Online Authorization of Army and Air Force Ex( Resolution Supporting Online Authorization of AAFES City of Lake Elsinore Page 3 Printed on 8/7/2014 City Council Regular Agenda August 12, 2014 5) 6) 7) 8) ID# 14-228 Award of Professional Services Aqreement (PSA) with Kimlev-Horn and Associates Inc. for the Capital Improvement Program Project Management and Engineering Services Recommendation: 1.) Award the consultant PSA to Kimley-Horn and Associates, Inc. in an amount not to exceed $310,000 for FY 14/15 Capital Improvement Program (CIP) project management and engineering services; 2.) Authorize the City Manager to execute the contract with Kimley-Horn and Associates, Inc. for FY 14/15 CIP project management and engineering services; and, 3.) Authorize staff to appropriate $310,000 from the FY 14/15 CIP administration funds for FY 14/15 CIP project management and engineering services. Attachments: Staff Report- Kimle -Horn 081214 PSA- Kimley-Horn 08.1214 ID# 14-229 Approval of the 2014-2015 Agreement between the Lake Elsinore Valley Chamber Of Commerce and the City of Lake Elsinore Recommendation: It is recommended that the City Council approve the 2014-2015 Economic Development Services and Tourism & Visitors Bureau Services Agreement and authorize the Mayor to execute the agreement between the City of Lake Elsinore and the Lake Elsinore Valley Chamber of Commerce. Attachments: Staff Report - 2014-2015 Agreement between LEVCC and the City Lake Elsinore Valley Chamber of Commerce Agreement 2014-15 Exhibit A - Economic Develo ment Services Exhibit B - Toursim Visitors Bureau Services ID# 14-230 Household Hazardous Waste Collection Agreement - County of Riverside Waste Management Department Recommendation: Approve the agreement with the County of Riverside Waste Management Department for collection of Household Hazardous Waste. Attachments: Staff Report - HHW 081214 Agreement - HHW 081214 ID# 14-231 Professional Services Agreement - National Pollutant Discharae Elimination System NPDES Industrial/Commercial Inspection Services Recommendation: 1.) Award the Professional Service Agreement to Lynn Merrill to perform NPDES Permit compliance inspection services; 2.) Authorize the City Manager or his designee to execute all contracts and associated documents, adjust contract amount at mid -year, not to exceed available funds, and execute up to three (3) annual renewal options, each not to exceed available budget. Attachments: Staff Report -Award PSA LynnMerriil 08122014 Attachment A NPDES Inspection PSA - Merrill City of Lake Elsinore Page 4 Printed on 8/7/2014 City Council Regular Agenda August 12, 2014 9) ID# 14-232 Resolution Confirming Fiscal Year 2014-15 Special Taxes and Assessments for CFD 2003-2 Recommendation: Adopt Resolution No. 2014-062 confirming special taxes and assessments for Fiscal Year 2014-15 for the Community Facilities District 2003-2 Canyon Hills - Fire Tax. Attachments: Staff Report for August 12 2014 CCA ends- CFD consent blI RESOLUTION NO 2014 - CFD LEVY FY2014-15 2003-2 bll 10) ID# 14-233 Consideration of a Healthy City Resolution in Support of a Healthy Active Community Recommendation: Adopt Resolution No. 2014-063, A Resolution of the City Council of the City of Lake Elsinore, California, Approving a Healthy City Resolution Setting Forth the City's Commitment to a Healthy Active Community. Attachments, CC Staff Report re Healthy City FINAL CC Healthy City Resolution FINAL PUBLIC HEARING(S) - None APPEAUS) - None BUSINESS ITEM(S) 11) ID# 14-234 Second Reading and Adoption of Ordinance No. 2014-1327 Recommendation: Waive further reading and adopt by title only Ordinance No. 2014-1327 by roll call vote: ORDINANCE NO. 2014-1327 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING TITLE 5, BUSINESS TAXES, LICENSES AND REGULATION, OF THE LAKE ELSINORE MUNICIPAL CODE, ADDING CHAPTER 5.33; MOBILE FOOD TRUCKS. Attachments: Second reading of Ord 2014-1327 Mobile Food Trucks Ordinance No. 2014-1327 Mobile Food Trucks 2014 Adopted 12) ID# 14-235 Resolution Temporarily Offering Free Boating Days on the Lake Recommendation: It is recommended the City Council approve and adopt Resolution No. 2014-064 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, TEMPORARILY OFFERING FREE BOATING DAYS ON WEDNESDAYS AND SUNDAYS. Attachments: Report to City Council - Increasing Lake Use CC Reso re Lake Use Pass Free days DHM Clean Dissolved Oxygen Levels 7 27 - 8 2 - Grand Buoy, Dissolved O en Levels 7-27 8-2 - Lakeshore Buoy PUBLIC COMMENTS — NON-AGENDIZED ITEMS — 3 MINUTES (Please read & complete a Request to Address the City Council form prior to the start of the City Council Meeting and turn it in to the City Clerk. The Mayor or City Clerk will call on you to speak.) City of Lake Elsinore Page 5 Printed on 8/7/2014 City Council Regular Agenda August 12, 2014 CITY MANAGER COMMENTS CITY ATTORNEY COMMENTS CITY COUNCIL COMMENTS ADJOURNMENT The Lake Elsinore City Council will adjourn this meeting to the next regularly scheduled meeting of Tuesday, August 26, 2014. The regular Closed Session meeting will be held at 5:00 p.m. at Cultural Center and the regular Public meeting will be held at 7:00 p.m. at the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA. AFFIDAVIT OF POSTING I, Virginia J. Bloom, City Clerk 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. Virginia J. Bloom, City Clerk City of Lake Elsinore Page 6 Printed on 8/712014 . n L_ _ LI -SIE. L4INC)I�L- CjR.I`.MM F.?;PIUNI&_ City of Lake Elsinore Regular Agenda Successor Agency NATASHA JOHNSON, CHAIR STEVE MANOS, VICE -CHAIR BRIAN TISDALE, AGENCY MEMBER DARYL HICKMAN, AGENCY MEMBER ROBERT MAGEE, AGENCY MEMBER GRANT YATES, EXECUTIVE DIRECTOR LAKE-ELSINORE ORG (951) 674-3124 PHONE CULTURAL CENTER 183 N. MAIN STREET LAKE ELSINORE, CA 92530 Tuesday, August 12, 2014 7:00 PM Cultural Center CLOSED SESSION - None PUBLIC SESSION at 7:00 PM Cultural Center 183 N. Main St., Lake Elsinore The City of Lake Elsinore appreciates your attendance. Citizens' interest provides the Council and Agency with valuable information regarding issues of the community. Meetings are held on the 2nd and 4th Tuesday of every month. In addition, meetings are televised live on Time Warner Cable Station Channel 29 and Verizon subscribers can view the meetings on Channel 31. If you are attending this City Council Meeting, please park in the parking lot across the street from the Cultural Center. This will assist us in limiting the impact of meetings on the Downtown Business District. Thank you for your cooperation. The agenda is posted 72 hours prior to each meeting outside of City Hall and is available at each meeting. The agenda and related reports are also available at City Hall on the Friday prior to the Council meeting and are available on the City's website at www.Lake-Elsinore.org. Any writings distributed within 72 hours of the meeting will be made available to the public at the time it is distributed to the City Council. In compliance with the Americans with Disabilities Act, any person with a disability who requires a modification or accommodation in order to participate in a meeting should contact the City Clerk's Department at (951) 674 3124 Ext. 269, at least 48 hours before the meeting to make reasonable arrangements to ensure accessibility. City of Lake Elsinore Page 1 Printed on 81712014 Successor Agency Regular Agenda CALL TO ORDER - 7:00 P.M. PLEDGE OF ALLEGIANCE INVOCATION - MOMENT OF SILENT PRAYER Pr)l I (_AI I CLOSED SESSION REPORT - None PRESENTATIONS / CEREMONIALS - None PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE August 12, 2014 (Please read & complete a Request to Address the Agency form prior to the start of the meeting and turn it into the Clerk. The Chair or Clerk will call on you to speak.) CONSENT CALENDAR 1) 2) (All matters on the Consent Calendar are approved in one motion, unless a Member or any member of the public requests separate action on a specific item.) ID# 14-236 Successor Aaericy Investment Report for June 2014 Recommendation: Staff recommends that the Members of the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore receive and file the Investment Report for June 2014. Attachments: SA RDA investment Report Cover 2014-06.pdf SA Investment Report 2014-08. df ID# 14-237 Warrant List Dated July 10 & 24 2014 Recommendation: It is recommended that the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore receive and file the Warrant List dated July 10 & 24, 2014. Attachments: SA RDA Staff Report 08 12 14 Warrant SA RDA summary 07 10 14 Warrant SA RDA List 07 10 14 Warrant SA RDA summa 07 24 14 Warrant SA RDA List 07 24 14 City of Lake Elsinore Page 2 Printed on 8/712014 Successor Agency Regular Agenda August 12, 2014 3) ID# 14-238 Resolution Confirming Fiscal Year 2014-15 Special Taxes for CFD No. 90-2 (Tuscany Hills Public Improvements) Recommendation: It is recommended that the Successor Agency of the Redevelopment Agency of the City of Lake Elsinore adopt Resolution No. SA -2014-002 requesting the Tax Collector of the County of Riverside to place special taxes on properties within CFD No. 90-2 for Fiscal Year 2014-15. Attachments: Staff Report CFL) 90-2 SA2 LMM SA RESOLUTION NO Lev PUBLIC HEARING(S) - None APPEAL(S) - None BUSINESS ITEM S - None PUBLIC COMMENTS — NON-AGENDIZED ITEMS — 3 MINUTES (Please read & complete a Request to Address the Agency form prior to the start of the Meeting and turn it in to the Clerk. The Chair or Clerk will call on you to speak.) EXECUTIVE DIRECTOR COMMENTS LEGAL COUNSEL COMMENTS AGENCY MEMBER COMMENTS ADJOURNMENT The Successor Agency Chair will adjourn this meeting to the next regularly scheduled meeting of Tuesday, August 26, 2014. The regular Closed Session meeting will be held at 5:00 p.m. at Cultural Center and the regular Public meeting will be held at 7:00 p.m. at the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA. AFFIDAVIT OF POSTING I, Virginia J. Bloom, City Clerk 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. Virginia J. Bloom, City Clerk City of Lake Elsinore Page 3 Printed on 81712014 CITY OF LAKE �' r I� � LSIIYDRE DREAM. EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: GRANT M. YATES CITY MANAGER DATE: AUGUST 12, 2014 SUBJECT: AWARD OF PROFESSIONAL SERVICES AGREEMENT (PSA) WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR CAPITAL IMPROVEMENT PROGRAM PROJECT MANAGEMENT AND ENGINEERING SERVICES Recommendations: 1. Award the consultant PSA to Kimley-Horn and Associates, Inc. in an amount not to exceed $310,.000 for FY 14/15 Capital Improvement Program (CIP) project management and engineering services. 2. Authorize the City Manager to execute the contract with Kimley-Horn and . Associates, Inc. for FY 14/15 CIP project management and engineering services. 3. Authorize staff to appropriate $310,000 from the FY 14115 CIP administration funds for FY 14115 CIP project management and engineering services. Background On June 10, 2014, Council approved the FY 14/15 operating budget. On June 24, 2014, Council approved the FY 14/15 $25AM CIP. The current staffing levels in the Engineering Division of the Public Works Department consists of the Public Works Director, City Engineer, three senior engineering technicians and two construction inspectors. Project management and engineering services are complimented by a contract project manager and a contract traffic engineer, both part-time services. Award of Professional Service Agreement with Kimsey -Horn and Associates, Inc. August 12, 2014 Page 2 Discussion The $25AM CIP includes projects consisting of the pavement management program, alignment studies, master plans, parks, storm drains, streets and facilities. The number and size of projects far exceeds the capabilities of present staff to implement in a timely manner. In addition, the $25AM CIP requires additional resources in order to implement the program in a cost-effective and timely manner. On June 27, 2014 staff issued a Request for Qualifications from several engineering and project management firms. The services requested included civil design, master plan development, alignment study, park and facility planning, project management and engineering on-call extension of staff services. On July 11, 2014, staff received over twenty (20) responses to the request for qualifications. Staff first reviewed the responses from those firms presenting qualifications to provide on-call extension of staff services. After review by staff, Kimley- Horn and Associates was determined best to meet the needs of the City to provide on- call extension of staff services for project management and engineering services in implementation of the $25AM CIP. Fiscal Impact The cost of services provided by Kimley-Horn and Associates is estimated at $310,000 per annum. Funds are available in the FY 14/15 CIP administration budget. fir Prepared by: Walter Allison, P. E.6_J A ] City Engineer Vince Damasse, P.E. Public Works Director Approved by: Grant M. Yates City Manager Attachments: Kimley-Horn and Associates, Inc. - Professional Services Agreement ATTACHMENT A AGREEMENT FOR PROFESSIONAL SERVICES This Agreement for Professional Services (the "Agreement")is made and entered into as of thet _? , day of Apt u�Lt , 2014 , by and between the City of Lake Elsinore, a municipal corporation ("City") and Kimig -Horn and Associates Inc., a ("Consultant"). RECITALS A. City desires to retain Consultant to perform Prolect Management services in the City and Consultant desires to provide such professional services and related work as set forth in this Agreement, B. Consultant possesses the skill, experience, ability, background, certification and knowledge to perform the services described in this Agreement on the terms and conditions described herein. AGREEMENT 1. Sco a of Services. Consultant shall perform the services described on Exhibit A which is attached hereto and incorporated herein by reference. Consultant shall provide said services at the time, place, and In the manner specified in Exhibit A, 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 [until completed in accordance with the schedule set forth in the Scope of Work (Exhibit A)] or [for a period of one year. Professional services as described in Exhibit A may be extended at the discretion of the City on an annual basis for a total of three (3) years.] 3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Exhibit B, which is attached hereto and incorporated herein by reference. in no event shall Consultant's compensation exceed $_3'i0.000 without additional written authorization from the City_ Expenses set forth in Exhibit B shall be reimbursed at cost without an inflator or administrative charge; provided however that approved sub consultants listed in Exhibit D may be billed at cost plus 10%. 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 tCity describing the work performed during the preceding month. Consultant's bills shall be segoregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Consultant provides services. 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. 5. Extra Work. At any time during the term of thisAgreement'C ity 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 perfonn, 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. Attachment A — Pacle 2 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 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. 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 Atl:achmenf A = Page 3 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(x)(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. Consultant shall maintain a City of Lake Elsinore business license. 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), to the extent arising out of the consultant's negligence 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. 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 Coveracfe. 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 t achment A — Page 4 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. In the event that Consultant is exempt from Worker's Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California, Consultant shall complete and submit to the City a Certificate of Exemption from Workers Compensation Insurance in the form attached hereto as Exhibit C. 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 sub consultants. 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: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising 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. Attachment A - Page 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: Vince Damasse 130 South Main Street Lake Elsinore, CA 92530 If to Consultant: Jennifer Harry, P. E. —Vice President Kimley-Horn and Associates, Inc. 401 B Street, Suite 600 San Diego, CA 92101 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 listed in Exhibit D. 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 Atta—cliffrient A ­ _ Page 0 performed under this Agreement except as provided in Exhibit D without the written authorization of the City. If City consents to such subcontract, Consultant shall be felly 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. 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. AuthorityAp 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 ac men — age 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. IN WITNESS WHEREOF the parties have caused this Agreement to be executed on the date first written above. CITY OF LAKE ELSINORE: By: _ Printed Name: Title: APPROVED AS TO FORM: City Attorney CONSULTANT: By: Printed Name: Title: Business License # ATTEST: City Clerk Attachments: Exhibit A - Scope of Services Exhibit B - Fee Schedule Exhibit C - Certificate of Exemption from Workers' Compensation Insurance Exhibit D — List of Subcontractors Attachment: A — Paae 8 EXHIBIT "A" SCOPE OF SERVICES Attachment A --Page 9 N A Mm[e�r*Horn June 30, 2014 Mr. Vince Damasse, P.E. Mr Walter Alfison, RE Director of Public WorksfCity Engineer City of Lake Elsinore 130 S. Main Street Lake Elsinore, California 92530 Re. PavementManagament and Capital Improvement Programs Dear Mr. Damasse & Mr. Allison: IGmley-Horn and Associates, in(,. {`Kimsey -Homo or'Consultant°} is pleased to submit this Scope of Services (Ihe 'Scope) to 7 -he City of Lake Elsinore {`Client' or "City"} for as -needed project management related to ilio City`s Pavetaell t Management Program and Capital Improvement Program, Scope of Services Kmley-Horn will provide the services specifically setforth below. Task 7- Pavement Mana errient Pro rain Fra eat Manzi a errt Il is understood the City is requesting assistance from Kimfey+fora to help prioritize the City`s Pavement Management Program. The exact details of this task will be Further defined in upcoming discussions Wth the City and Kimley-Horn, but may Include some of the following types of activities: • Assistancr vain prioritizing the Citys Pavement Management Program, including. assessment of the current pavement surveys and pavernent indexes. Development of policies and procedures-forimplementalion of the Pavement Management Program. Assistance developing and/or implementing project management best practices. Task 2- Ca ltal lm rovernent Program Project Manzi emo It. is underslood the City is requesting assistance from Kirnley-{-fern to frelp prioritize the City's Capital Improvement Prcgram. The exact details of this taste will be further defined in upcoming discussions with the City and WFnley-Nom, but may include some of the following types of adivilies. Assistance with prioritizing the City's Capital Improvement Program Development of policies and procedures for implementation of ffieCapital improvement Prw.am. Assfstance developing and/or implementing pro ect'managernent best practices, The nature of ser lees for Tasks 1 and 2 wr71 ho, further detar7ed based' on the discussions noted above and will be coMpleterd as requested try the Cify'on an hourly basis. Acdvifies will be prioritized based on file budget available, and as such, some of the activities noted alcove may. not ba compfefed as part of these initial tasks. In addition, if large, disfinct projects are-mquested of Kimfey-Horn, a separate scope and fee can prepared if requested by the City. Additional Services Any Items requested that are not specifically outlined in the above scope will be considered additional services and %gill be provided as requested and authorized by [fire Client:, Fee and. Expenses fCrmley4lorn will perform the general services in Tasks 1 & 2 of the Scope of Services (as further defined with the City. in initial meetings) on an hourly basis utilizing our then-Oufrent standard hourly rates (which are subject to artnualadjustment), vrith a maximum budget of $15,0& Paymentwill be due witHn 25 days dyour receQA of the 0 AV invoice. Closure Page 2 IGmley-Horn, in an effort to expedite invoices and reduce paper waste, offers its c 1enfs the option to receive electronio invaices., flrese invoices come vla email in an Adobe PDF format. We can also provide a paper copy via regular mail if requested. Please select a billing method from the choices below, _..,_ Please email all invoices to — Please provide a hard copy invoice to the to the attention of Please provide invoice via email and hard copy If you concur In all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute a City of Lake Elsinore Professional Services Agfeement, retain one copy, and return one copy to us. We will commence services only after we have received a fully -executed agreement fees and tlmes stated In this Agreement are valid for srxty (60) days ager the date of this letter. We would like to take this opportunity to ratify you that Jennifer Harry is licensed by the California Board for Professional Engineers and Land Surveyors as a Civil Engineer. This notification to you is to comply with the requirements, effective March 9, 2311, of Title 16, California Code of Regulations, section 463.5. Your signature In the signature block belowalso serves as acknowledgement that you have received this notification. We appreciate the opportunity to provide these services to you. Please contact me if you have any questions. Sincerely, L - .iendrer HM, P.E. (CA PI: # 62918) Kirk Ammerman, P.E. Vice President Attachments: Current Standard Hourly Rate Schedule EXHIBIT "B" SCHEDULE OF CHARGES Aftachment A — Page 10 KIMLEY-HORN AND ASSOCIATES, INC. HOURLY RATE SCHEDULE Effective August 1, 2014 for a period of one year Classification PRINCIPAIISR, TECHNICAL ADVISOR ........ ........................................ $240.00 SENIOR PROFESSIONAL ........................................................................ $185.00 PROFESSIONAL.................................................... ...... $165.00 ANALYST................................................. ...................•......................... $135.00 SENIOR DESIGNER.................................,............................................... $150.00 DESIGNERfrECHNICIAWCADD OPERATOR ...................... ................ $125.00 PROJECT ADMINISTRATION................................................................. $125.00 SUPPORTSTAFF....................................................................................$ 85.00 Rates are subject to a yearly 4% increase Expenses AUTHORIZED SPECIALIST TRAVEL (per day) .............................. $300.00 (includes flight, hotel, meals for%rmwide specialist resource to be utilized only as preapproved by City) OFFICE EXPENSES (% of Billing Rate) .............................................. 5.1% (Covers direct expenses, such as in-house duplicating and blueprinting, mileage, postage) SUBCONSULTANT MARK -UP ........................................................ 10.0% DIRECT EXPENSE MARK -Up .....................•................................... 5.09/0 EXHIBIT "C" CERTIFICATE OF EXEMPTION FROM WORKERS= COMPENSATION INSURANCE I hereby certify that in the performance of the work for which this Agreement is entered into, I shall not employ any person in any manner so as to become subject to the Workers' Compensation Laws of the State of California. Executed on this __ day of, 120 at California. Consultant Attachment A — Page 11 EXHIBIT "D" LIST OF SUB -CONSULTANTS / SUBCONTRACTORS Attachment A — Page 12 AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND THE LAKE ELSINORE VALLEY CHAMBER OF COMMERCE 2014-2015 ECONOMIC DEVELOPMENT SERVICES AND TOURISM & VISITORS BUREAU SERVICES AGREEMENT This Agreement is entered into by and between the City of Lake Elsinore, a municipal corporation (hereinafter called "City"), and the Lake Elsinore Valley Chamber of Commerce, a nonprofit California corporation (hereinafter called "Chamber"). RECITALS WHEREAS, the City is desirous of promoting its advantages as a business, educational, cultural, recreational, industrial and residential center, disseminating information relative thereto, and properly following up and giving consideration to inquiries made from time to time relative to the various activities of the City; and WHEREAS, the Chamber is a nonprofit organization designed to advance the commercial, financial, industrial, tourism and civic interests of the Lake Elsinore community and to serve as an information bureau and a research and promotion medium; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. SCOPE OF SERVICES a) Economic Development Services. The Chamber shall employ competent personnel to carry on promotional activities herein enumerated and maintain regular office hours of 8:00 a.m. — 4:00 p.m. Monday, Wednesday and Friday, and 9:00 a.m. — 5:00 p.m. Tuesday and Thursday, excluding holidays, with variations as deemed necessary by the Board of Directors and/or staff. However, office hours may begin earlier than 8:00 a.m. and extend later than 4:00 p.m. Chamber staff shall answer promptly all correspondence relative to the business, industrial, residential, educational, cultural and recreational advantages and opportunities in the City, and disseminate information by correspondence, newspaper publicity and personal contacts favorably advertising such advantages and opportunities. The Chamber shall serve as an information bureau and referral agency to its members and all contacts requesting information and shall disseminate City publications and materials provided by the City. In addition, the Chamber shall work in good faith to accomplish services described in Exhibit A addressing major tasks such as marketing promotion; business retention, expansion, and attraction; - 1 - and City/Chamber Partnerships, attached hereto and incorporated herein. In matters involving Chamber representation of City views; i.e., legislative issues, the Chamber shall confer with the City Manager to ensure that City views are being properly represented. Reports of issues discussed at the meetings attended under Exhibit A, item 2, shall be included in the Chamber's monthly reports. b) Tourism & Visitors Bureau. The staffing requirements and hours of operation shall be the same as identified in Section 1(a) for tourism related services. The Chamber shall work to promote the tourism and recreational activities and businesses of Lake Elsinore. This will include, but not be limited to, the services, publications, events and programs identified in Exhibit B. 2. COMPENSATION Subject to and in accordance with the terms of said Agreement, the City agrees to pay the Chamber as follows: a) Economic Development Services. The City agrees to pay Chamber for general services, as set forth in Exhibit A, a total sum of $46,000 per year, payable in quarterly installments of $11,500, for which the City will receive Chamber of Commerce membership benefits and scope of services as provided in Exhibit A. An invoice shall be provided by the Chamber to the City prior to payment. The invoice shall include a summary of activities and services provided during the invoice period. The annual total sum payment shall be subject to approval on an annual basis by the City Council as part of the City's operating budget adoption process. Quarterly installments shall be made on or about the 15th of July, October, January and April of the 2014/15 fiscal year. b) Tourism & Visitors Bureau Services. The City agrees to pay Chamber for Tourism services, as set forth in Exhibit B, a total sum of $52,000 per year, payable in monthly installments of $4,333.33. An invoice shall be provided by the Chamber to the City prior to payment. The invoice shall include a summary of activities and services, as outlined in the scope of services per Exhibit B, provided during the invoice period. Payments will be made on or about the 15th of each month. The annual total sum payment shall be subject to the approval by the City Council as part of the City's operating budget adoption process. -2- 3. RECORDS AND AUDITS 4 5. The Chamber shall provide monthly financial statement to the City Manage City Manager and by appointment Chamber, financial information will be his/her designated representative. TERM OF AGREEMENT financial reports and an annual r. Upon reasonable request by the with the President/CEO of the reviewed with the City Manager or a) This Agreement shall be effective as of the 1 st day of July 2014, and shall automatically terminate on June 30, 2015, except as provided herein. b) The term of Agreement shall continue on an annual basis until such time that it is cancelled by either party. Each fiscal year, as part of the budget process, the City will consider whether or not to budget for the funding of this Agreement as provided for in Section 2. Failure to provide funding of this Agreement shall constitute a cancellation of the Agreement by the City. c) The Agreement may be terminated immediately by the City if there is a material failure by the Chamber to fulfill the terms of this Agreement. d) The City may require the Chamber to repay all or part of the funding if: i. Fraud or malfeasance is proven; ii. The funding is not used for the service or activity specified, unless the City was given an opportunity in advance to accept any legitimate request related to an unspecified use of funds; iii. The Chamber is not able to provide the service or activity specified to the agreed standard, unless the City accepts any legitimate reasons which have prevented the obligations from being fully met; iv. In these circumstances, a solution will be determined with the City and implemented by the Chamber; v. The Chamber or its Visitor/Tourism Services Bureau ceases to exist. e) The terms and/or scope of services of the Agreement may be modified by mutual consent of the City and the Chamber. REPORTS The Chamber shall submit written progress reports, on a monthly basis, to the City Manager relating to the scope of service outlined herein as well as the activities undertaken as specified in this contract. The report shall recount the Chamber's services and its activities during the monthly reporting period. The monthly reports shall separately identify economic development activities and tourism & visitors bureau activities. Reports will include data and statistics regarding website transactions, bookings - 3 - and such other information to gauge the level of tourism. In addition to the written reports, the President/CEO or his designee shall give an oral report at a regular City Council meeting as requested. Within ninety (90) days of the close of the City's fiscal year or termination of this Agreement, Chamber shall submit to City a fiscal year expenditure report with a detailed accounting of all expenditures related to the scope of services provided for by this Agreement, including the receipt and appropriated expenditure of compensation by the Chamber hereunder. 6. INDEMNIFICATION The Chamber agrees to defend and hold the City and all its officers, agents, employees and representatives harmless from and against any and all claims brought for or on account of personal injury, including death, claims for breach of confidentiality, or business and property damage, which may arise from the Chamber's willful or negligent acts, errors or omissions under this Agreement. The Chamber agrees to defend and indemnify the City and its officers, agents, employees and representatives from any suits or actions at law of equity for damages caused, or alleged to have been caused, by reason of the Chamber's willful or negligent acts, errors or omissions. 7. INSURANCE The Chamber shall, throughout the duration of this Agreement, maintain comprehensive general liability and property damage insurance covering all operations hereunder of the Chamber, its agents and employees, including but not limited to premises and automobile, with minimum coverage of one million dollars ($1,000,000) combined single limits. The policy shall name the City of Lake Elsinore, inclusive of each of its officers and employees, as an additional insured, and a Certificate of Insurance shall be furnished to the City Clerk at 130 S. Main Street, Lake Elsinore, CA 92530. Said policy or policies shall provide thirty (30) days notice to the City Clerk of the City of Lake Elsinore of cancellation or of a material change. The Chamber shall also carry worker's compensation insurance in a statutory amount, evidence of which is to be furnished to the City Clerk in the form of a Certificate of Insurance. All such policies shall be in a form satisfactory to the City Attorney. 8. INDEPENDENT CONTRACTOR The parties agree that the Chamber is an independent contractor and shall not in any way be considered to be an employee of the City, nor shall any representative or employee of the Chamber represent or imply directly or indirectly that he or she represents or is authorized to speak for or bind the City. -4- 9. NOTICES (a) Any notice may be served upon either party by delivering it in person, or by depositing it in a U.S. mail deposit box with the postage thereon fully prepaid, and addressed to the party at the address set forth below: (b) City: City Manager City of Lake Elsinore 130 S. Main Street Lake Elsinore, CA 92530 Chamber: President/CEO Chamber of Commerce 132 W. Graham Avenue Lake Elsinore, CA 92530 (c) Any notice given hereunder shall be deemed effective in the case of personal delivery, upon receipt thereof, or, in the case of mailing, at the moment of deposit in the course of transmission with the United States Postal Service, with the exception of a notice of termination, which shall be effective for three (3) days following deposit with the United States Postal Service. 10. ASSIGNMENT This is a Professional Services Contract for unique services. Neither the Chamber nor the City may assign or transfer any rights or obligations arising from this Agreement, or any part thereof, without the prior written consent of the other party. 11. ATTORNEY'S 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 from the losing party reasonable attorney's fees and expenses of litigation, including but not limited to court costs. 12. AMENDMENTS The provisions of this Agreement may be amended only by an instrument in writing duly executed by each of the parties hereto. 13. INTEGRATION This writing constitutes the entire and complete Agreement between the parties hereto relative to the subject hereof. No party relies upon any - 5 - warranty or representation, express or implied not specifically set forth herein. 14. 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. 15. 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. 16. 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. 17. 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. It 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. 18. 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. 19. AUTHORITY TO ENTER AGREEMENT The Chamber has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants a mo 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. 20. PROHIBITED INTERESTS The Chamber maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Chamber, to solicit or secure this Agreement. Further, Chamber 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 Chamber, 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. 21. EQUAL OPPORTUNITY EMPLOYMENT The Chamber 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. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on , 2014. City of Lake Elsinore By: Mayor Attest: By City Clerk -7- Lake Elsinore Valley Chamber of Commerce President/CEO Approved as to Form: City Attorney EXHIBIT A ECONOMIC DEVELOPMENT SCOPE OF SERVICES Economic Development Consultation Services and Retail Attraction Activities • City Advocate and Ambassador for Businesses — guide them through permitting and approval process with the City. • One-on-one Business and Marketing Consultations - one-time assistance for all new businesses, ongoing assistance and collaboration for Chamber members. • Build an Updated Retail Economic Development "Tool Kit" —this includes acquiring the software to gather the data and outreach lists needed to develop lists of targeted retailers and restaurateurs to strategically approach based on the City Council's priorities and the available land, lease opportunities and demographics in the City. • Monthly outreach, in coordination with the City, to targeted franchises and retail partners. • Monthly business retention visits and reports. • Offer business relocation assistance and relocation packets. • Participation in the Downtown Merchants Association. • Ribbon Cuttings/Grand Opening Events for new or relocated businesses in the City. Activities to Support & Grow Local Businesses • Business Mixers & Networking Events. • EWDC Luncheons (10 per year) —Topics may include the following: o Annual Franchise Workshop o Regular Broker Gatherings o Conversations with the Southwest CA City Managers o Economic Development Update for the Region • Business Workshops with the City regarding topics such as signage, business licenses, etc. • Administer the Student of the Month/Year Program. • Legislative Advocate on behalf of the City and Local Businesses. • Economic Development Advocate at regional stakeholder meetings and events including Southwest California Economic Development Council, Murrieta Temecula Group, US & Cal Chamber, etc. • Maintain, update and promote important chamber and business activities occurring in the City on the Chamber website and social media websites. Promotional Materials • "Action Sports Capital of the World" City Map including distribution to area businesses and tourist destinations. This includes posting and promoting the map online. • Promote City activities, news and events on Chamber website and social media sites. • Maintain supplies of collateral materials from the City and local organizations at the Chamber Office. City Economic Development Events & Participation • Preparation for and attendance as Economic Development Representative for the City at the International Council of Shopping Centers (ICSC) in San Diego and Las Vegas. • Mayor's State of the City — plan, organize and execute annual event in coordination with City staff including securing sponsorships for promotional items at or for the event (up to 24 seats provided for City representatives). City Participation at Chamber Events: o Chamber Installation Dinner —January 2015 (Event Sponsor - up to 5 seats to the event) o EWDC Luncheons -10 peryear— Complimentary attendance for City representatives. Administration and Performance Reports ■ Monthly Economic Development Collaboration and Strategy Meetings with City Staff. ■ Monthly Reports to the City Council regarding activities such as number of business contacted, visited and secured in the City. Other data could include event attendance data, website traffic and upcoming events. • Ongoing, regular communication with the City regarding local business interests and consultations. EXHIBIT B TOURISM & VISITORS BUREAU SCOPE OF SERVICES Tourism Events and Partnership Efforts • Work with the City and our local business community to explore a Business Improvement District to stimulate economic development and promote tourism locally. • Organize a Community Task Force to plan, execute and promote the next Frontier Days. m Participate in the City's Extreme Marketing Alliance efforts to promote the City as the Action Sports Capital of the World. This includes the potential launch of a new community hub for Action Related activities and photos occurring in the City. ■ Advocate on behalf of the City of Lake Elsinore as a tourist destination at tourism related events and trade shows including the annual Fred Hall Shows and the Dream Extreme Fishing Derby. • Participate in City ad-hoc committee or development efforts related to Tourism as they arise. Advertising & Promotional Activities • Promote City action -related activities on tourism website and social media websites. ■ Coordinate and assist the City in its ongoing tourism promotions with area media outlets including the Fishing Ventures promotions and assisting with media familiarity tours. • Promote, host and maintain the existing tourism website, www.visitlakeelsinore.com, including a booking engine for ease in reserving your stay locally and an up-to-date community calendar. • In coordination with City Staff, update content on the tourism website (as requested) and develop a plan for future upgrades to the website. • Maintain adequate supply of promotional materials online and at the Chamber Office promoting local events in town including Storm Baseball, Lucas Oil Races, Lake Elsinore Grand Prix, etc. • Quarterly Visitor's Magazine featuring local activities, events, city information and an article from the Mayor. • Post Visitor's Magazine with ISSU and explore new digital outreach methods for the magazine. • Tourism Advertisements in the following publications: o Community Little Book o Country Review o Inland Empire Magazine o The Press -Enterprise o Lake Elsinore Outlets o San Diegan Ad (Co-sponsored advertisement) • Maintain and update a landing page for the City of Lake Elsinore on Trip Advisor, which includes 10 photos, 2 videos and links to the visitors guide, promotional deals and event listings. 6 7 8 9 10 11 12 13 14 .15 1.6 17 IS 19 20 21 22 23 . 24 25 �g AGREEMENT BETWEEN COUNTY OF RIVERSIDE AND CITY OF LAKE ELSINORE FOR HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM This Agreement is made and entered into by and between the City of Lake Elsinore, hereinafter called "CITY," and the County of Riverside Waste Management Department, hereinafter called "COUNTY," to establish the responsibilities of each party in implementing COUNTY'S Household Hazardous Waste ("HHW") Collection Program in CITY. RECITALS WHEREAS, CITY and COUNTY recognize' that it is in the public interest to establish and implement waste diversion and separation programs to prevent landfill disposal of hazardous waste, including household hazardous waste; and, WHEREAS, COUNTY has a well-developed and established HHW Collection Program for the purpose of diverting and properly managing household hazardous waste; and, WHEREAS, COUNTY operates a Permanent HHW Collection Facility ("PHHWCF") on land owned by CITY at 512 North Langstaff Street, in CITY,. and, 1. COUNTY'S DUTIES 1.1 COUNTY agrees to provide and/or perform the following duties to implement COUNTY'S HHW Collection Program in CITY: 1.1.1 Continue to operate CITY'S permitted PHHWCF on CITY land located at 512 North Langstaff Street. 1.1.2 Maintain all necessary per.nxit authorizations from. COUNTY's Community Health Agency, Department of Environmental Health, Certified Unified Program Agency ("CUPA') for COUNTY to continue operating PHHWCF located -at 512 'North'Langstaff ,Street"ifi CITY. . ...... Wnlent with City ofLake Elsinore 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 -' 23 1.1.3 Obtain and fund the services of a state -certified, licensed, bonded and insured hazardous waste transportation and disposal company through the competitive bidding process, with all costs for disposal of residentially generated waste, staffing, and implementation of the program remaining the responsibility of COUNTY. 1.1.4 Determine that the hazardous waste disposal company contracted has obtained appropriate certificates of insurance that meet the criteria as established in the Code of Federal Regulations, Title 49, California Health and Safety Code, and for Workers' Compensation coverage. 1.1.5 Advertise the schedule of operation of the PHHWCF in CITY through regional advertising of the HHW Event Schedule for the COUNTY'S HHW Collection Program. 1.1.6 Provide liability coverage and indemnification to the extent specified in Section 5, with insurance coverage provided through COUNTY'S self-insurance program. 1.1.7 Cleanup any spills associated with the collection and handling of HHW at the PHHWCF and, upon completion of the operating day, clean up the PHHWCF to the condition existing prior to the beginning of the operating day. 1.1.8 During operation of the PHHWCF provide staffing from the contracted disposal company to assist in site security and supervision and to receive, classify, package, and store and/or transport HHW received off-site. Staff assigned with supervision responsibilities will remain on-site until all waste is packaged and safely stored and/or transported off-site. g'r+Aemerir�v3rh C`rryq�X�Ee:Elsitiore .... . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 2. 17 18 19 20 21 22 1.1.9 Ensure that the contracted hazardous waste disposal company completes the off-site transportation and ultimate recycling or disposal of the hazardous waste, in accordance with State and Federal hazardous waste management and transportation laws. 1.1.10 Purchase equipment necessary to manage and run the HHW site. 1.1.11 Act as an independent contractor in the performance of its obligations hereunder, being subject to the control or direction of CITY merely as to the result to be accomplished by the services hereunder, and not as to the means and methods to accomplish the results. COUNTY assumes exclusively the responsibility for its acts, and the acts of its employees or agents as they relate to the services to be provided under this Agreement; COUNTY shall not be entitled to any benefits payable to employees of CITY, including CITY workers' compensation benefits, and hereby holds CITY harmless from any and all claims that may be made against CITY based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement. CITY'S DUTIES S 2.1 CITY agrees to provide CITY -owned land, currently, located at 512 North Langstaff Street, in CITY, that is satisfactory to COUNTY and meets the following requirements: 2.1.1 Safety considerations. 2.1.2 Convenient to the public. 2.1.3 Safe and convenient traffic flow. 2.1.4 Available work space for handling, packaging,and transportation of ,,,�..w.........__�_...ha�rdous waste:.._. .. �.__ _� ..___.__...........,._... m... __._............ . ................. _ _ �..-.._... _ i!g►'eeineritwilh'CltyQj',�ka Els&sore 1 2 3 4 5 6 7 S 9 - 10 11 12 13 14 .15 16 17 18 19 3. 20, 21 22 23 �Mn 25..�I,i 2.1.5 Covered concrete work area. 2.1.6 Continue to provide and maintain a fenced area to prevent unauthorized entry to the site. 2.1.7 Provide an electrical utility stub in order to have electricity for the hazardous waste fire suppression system within the chemical storage container. 2.1.8 Access to trash disposal dumpsters, gates, water, electrical, and restroom facilities for the duration of the PHHWCF operating day(s) and on weekdays during normal business hours to prepare waste for shipping. 2.1.9 Maintain Pollution Prevention Plan and its requirements during non- operating hours. 2.2 CITY shall be responsible for the following activities: 2.2.1 Advertising of the PHHWCF to CITY's residents through local news media, distribution of printed flyers and/or posters, and community, service organizations at CITY expense; 2.2.1 Obtaining the use of volunteers the CITY requires for specific tasks such as traffic control, handing out of flyers, surveys, etc. with any personnel within the PHHWCF, subject to COUNTY approva[. 2.2.2 Provide keys for to COUNTY for access during non -operation hours. JOINT PROVISIONS 3.1 COUNTY and CITY shall undertake joint responsibility for planning and coordination meetings with CITY'S City Manager's office, COUNTY'S Waste Management Department, CITY'S Fire Department, and other departments or agency representatives as necessary. Qrearlierit svilh CUY'dfLake Elsih&a ... »........ �:.»... �,.» ,.:. ,_.�..,.._.................. ... 1 1 2 3 4 5 6 7 4. 8 9 10 11 12 13 14 15 16 17 .18 19 20 21 22 - 23 ,.77..724.. 3.2 All equipment purchased by COUNTY, including equipment purchased through grant funding, will remain property of COUNTY, and all equipment purchased by CITY will remain properly of CITY at conclusion of agreement. 3.3 The days of operation for the PHHWCF will be the first weekend non -holiday Saturday excepting in December and January. The hours of operation for collection events will be from 9:00 a.m. to 2:00 p.m. on the mutually agreed upon scheduled days. EIRW COLLECTION" PROGRAM 4.1 The PHHWCF shall meet the following operation standards: 4. 1.1 Traffic cones will be set up to safely control traffic flow and minimize traffic congestion through the collection facility. 4.1.2 All participants' vehicles will have trunks open upon entering the restricted zone, and occupant will participate in a survey to be designed for both CITY and COUNTY use. Only authorized, trained personnel will be allowed in the restricted waste handling areas. The restricted areas will include the following: 4.1.2.1 Vehicle unloading area; 4.1.2.2 Categorization and waste packaging area; 4.1.2.3 Area for processing "unknown" wastes to determine hazard class. 4.1.3 Trained staff, either contracted or COUNTY, will segregate wastes according to hazard class, package compatible materials into Federal Department of Transportation approved hazardous materials shipping containers, and fill with inert, moisture absorbent, granular, packing material as appropfiate. Each shipping container will be labeled and marked in- accordance with State and Federal laws 'dnd regulations: gree"" " merit with Ci ""' City rflflads� Elsinore' .......... ..... _........_.........., ........_ _.._._ ............- .. 1 2 3 4 5 6 7 9 10 ' 11 12 13 14 15 16 17 1$ 19 20 21 22 23 4.1.4 Shipping papers will consist of written Hazardous Waste Manifests and Bills of Lading according to the appropriate waste stream profile. 4.1.5 CITY shall retain copies of each Hazardous Waste Manifest and/or Bill of Lading for a minimum of three years as prescribed by law. 4.1.6 All waste classification, packaging, labeling, marking, manifesting, and transportation, for recycling and/or disposal of hazardous waste shall be done in accordance with all applicable Federal and State laws and regulations pertaining to household hazardous waste. 4.1.7 COUNTY will have the responsibility concerning the disposition of the hazardous waste collected from the PHHWCF, with concurrence of the contracted hazardous waste transportation and disposal company. 4.1.8 Reuse and recycling, rather than disposal, will be considered as the primary waste management methods for material that can be reused or recycled in a timely and cost effective manner. 4.1.9 Treatment methods of detoxification and/or incineration will be considered before Class I landfill disposal. 4.1.10 All final recycling, treatment, and disposal facilities considered must be authorized by the appropriate State and/or Federal regulatory agencies and found without substantial violations. 4. 1.11 Effort will be made to recycle water-based paint so that it can be utilized for graffiti abatement projects or other useful purposes. 4.1.12 COUNTY or contracted personnel will remain on-site until all hazardous - waste is .properly packaged, stowed and removed from the PHHWCF in secured 25'. -4greemenl OA-0vdr L keElsinore" �........._...._.... _ .:....... _..�_......._ _ ;.._.. I trailers to prevent the potential for spills or release to the PHHWCF, unless prior 2 arrangemetas are made with CITY. 3 4.1.13 During operating days, COUNTY'S Community Health Agency, 4 Department of Environmental Health/County Fire Department Hazardous 5 Materials Emergency Response Team will be on call. 6 1 4.1.14 COUNTY requires that this program be open and available to any resident 7 of COUNTY and that non -residentially generated waste is excluded from 8 acceptance. 9 4.1.15 COUNTY will provide a report to CITY that will quantify the amount and 10 types of HHW collected at the PHHWCF. 11 115. HOLD HARMLESS 12 11 5.1 CITY shall indemnify and hold harmless the County of Riverside, its Agencies, 13 Districts, Special Districts and Departments, their respective directors, officers, Board of 14 Supervisors, elected and appointed officials, employees, agents and representatives (the 15 "COUNTY'S Indene-jifed Parties") from any liability, claim, action or damage 16 whatsoever, including but not limited to, property damage, bodily injury, or death, based 17 or asserted upon any act or omission of CITY, its officers, employees, subcontractors, 18 agents or representatives arising out of or in any way relating to this Agreement and 19 CITY shall defend at its sole expense and pay all costs and fees, including but not limited 20 11 to, attorney fees, cost of investigation, defense and settlements or awards, on behalf of the 21 COUNTY'S Indemnified Parties in any such claim or action based upon such liability. 22 5.2 COUNTY shall indemnify and hold harmless CITY, its officers, employees, —23 subcontractors, agents or representatives (the "CITY'S Indemnified Parties") from ally �:'�24 liability whatsoever; including but` riot limited to; propezty damage; bodily injury; or ' "�'�'� M._ .._.25... Agreement ivith City of Lake Els1nore' .......,..._.....:._ ... ....... --_......... ......... ........-'.......... 1 2 3 4 5 6 7 -8 9 10 11 12 13 14 15 6. 16 17 18 19 M1 death, based or asserted upon any services of COUNTY, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives arising out of or in any way relating to this Agreement and COUNTY shall defend at its sole expense and pay all costs and fees, including but not limited to, attorney fees, cost of investigation, defense and settlements or awards, on behalf of the CITY'S Indemnified Parties in any claim or action based upon such liability. 5.3 With respect to any action or claim subject to indemnification herein, the indemnifying party shall, at their sole cost, have the right to use counsel of their choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of the indemnified party; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes the indemnifying party's obligation to indemnify as set forth herein. 5.4 The provisions of this section shall survive the term of this Agreement. ADMINISTRATION 6.1 The COUNTY Waste Management Department General Manager -Chief Engineer (or designee) shall administer this Agreement on behalf of COUNTY. 6.2 The CITY Manager, or designee shall administer this Agreement on behalf of CITY. 7. ALTERATION 21 7.1 No alteration or variation of the terms of this Agreement shall be valid unless 22 made in writing and signed by the parties hereto, and no oral understanding or agreement 23 not incorporated herein; shall be binding on any of the parties hereto. _....... 25 �4hree�nent with City of Lake Elsinore._ . _ , ... . ,. ................, ...._:........ _ _ ... ... . ... . ....... _.._..:...� �._ �...._..__....... I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 8. TERM OF AGREEMENT 8.1 This Agreement shall be effective as of July 1, 2014 and continue in effect through June 30, 2024, unless terminated by either .party, without cause, upon thirty (30) days written notice served on the other party. 9. ENTIRE AGREEMENT 9.1 This Agreement contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements both oral and written. This Agreement may be amended in writing with the concurrence of both parties. IN WITNESS WHEREOF, the Parties have caused their duly authorized representatives to execute this Agreement on the date written below. CITY OF LAKE ELSINORE COUNTY OF RIVERSIDE By___EY General Manager -Chief Engineer Title Waste Management Department Date: Date: FORtROJE*NT� COt1N5r—NEAL RKfPGATE Agreement with"City'of Lake'kX1W' -e. ".................. .............._.,... ...... ..... ... • ...... _ ...........