AGENDA
Regular Meeting
Tuesday, July 7, 2009
4:30 p.m., Open Session
Live video streaming available at:
www.ci.carmel.ca.us
Broadcast date
Sunday, July 12, 2009
8:00 a.m., KMST Channel 26
City Hall
East side of Monte Verde Street between Ocean and Seventh Avenues
Hearing assistance units are available to the public for meetings held in the Council Chambers
The City Council welcomes your interest and participation. If you want to speak on an agenda item during its review, you may do so when the Mayor opens the item for public comment. Persons are not required to give their names but it is helpful in order that the City Clerk may identify them in the minutes of the meeting. Please keep remarks to a maximum of three (3) minutes, or as otherwise established by the City Council. Always speak into the microphone, as the meeting is recorded on tape.
I. Call to Order
II. Roll Call
III. Pledge of Allegiance
IV. Extraordinary Business
A. Introduction of Amy Donahue, new Executive Director of the Carmel Public Library Foundation.
V. Announcements from Closed Session, from City Council Members and the City Administrator.
A. Announcements from Closed Session
B. Announcements from City Council members (Council members may ask a question for clarification, make a brief announcement or report on his or her activities)
C. Announcements from City Administrator
1. Receive report on the Nicolay actuarial study on Other Post-Employment Benefits (OPEB).
2. Receive report from Tom Burns on Devendorf Park art show.
VI. Appearances
Anyone wishing to address the City Council on matters within the jurisdiction of the City and are not on the agenda may do so now. Matters not appearing on the City Council’s agenda will not receive action at this meeting but may be referred to staff for a future meeting. Presentations will be limited to three (3)minutes, or as otherwise established by the City Council. Persons are not required to give their names, but it is helpful for speakers to state their names in order that the City Clerk may identify them in the minutes of the meeting.
Always speak into the microphone, as the meeting is recorded. The City Council Chambers is equipped with a portable microphone for anyone unable to come to the podium. Assisted listening devices are available upon request of the City Clerk. If you need assistance, please advise Heidi Burch as to which item you would like to comment on and the microphone will be brought to you.
VII. Consent Calendar
These matters include routine financial and administrative actions, which are
usually approved by a single majority vote. Individual items may be removed from Consent by a member of the Council or the public for discussion and action.
A. Ratify the minutes for the special meeting of May 27, 2009.
B. Ratify the minutes for the regular meeting of June 2, 2009.
C. Ratify the minutes for the special meeting of June 9, 2009.
D. Ratify the minutes for the special meeting of June 16, 2009.
E. Ratify the bills paid for the month of June 2009.
F. Consideration of a Resolution approving a lease agreement with National Parking and Valet for the management of City parking lots for the period July 1, 2009 through June 30, 2012.
G. Consideration of a Resolution amending the agreement with Tristar Risk Management for processing workers compensation claims.
H. Consideration of a Resolution accepting grant proceeds of $261,100 from the State of California Department of Parks and Recreation for the 4th Avenue Riparian Habitat Project and approving a transfer of $166,795 from the General Fund to the Capital Reserve Fund.
I. Consideration of a Resolution authorizing the City Administrator to execute a Consultant Services Agreement with Michael Rachel for Building Inspection Services in fiscal year 2009/2010 in an amount not to exceed $45,000.
J. Consideration of a Resolution entering into an agreement with Burghardt + Doré Advertising, Inc. for destination marketing services in an amount not to exceed $128,750 in fiscal year 2009/10.
K. Consideration of a Resolution extending the agreement with the City of Monterey to provide interim Fire Administration and Emergency Incident Management Services until January 31, 2010, in an amount not to exceed $94,500.
L. Consideration of a Resolution of Support of the League of California Cities, Other Cities and Counties in Challenging the Constitutionality of Seizure by Any State Government of the City’s Street Maintenance and Redevelopment Funds.
VIII. Public Hearings
If you challenge the nature of the proposed action in Court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing.
A. None.
IX. Ordinances
A. Consideration of an Ordinance Calling and Fixing the Date of a Special Election to Submit to the City Electors the Question of Discontinuance and Abandonment of the Use of Public Park Land on Which Protests Were Overruled (Second Reading).
B. Consideration of an Ordinance to revise the Municipal Code and Zoning Ordinance/Local Coastal Implementation Plan returning all design and land use responsibilities to the Planning Commission (Second Reading).
C. Consideration of an Ordinance amending Carmel Municipal Code Chapter 15, establishing Green Building Standards for new construction in the City (First Reading).
X. Resolutions
A. Consideration of a Resolution amending the Carmel/Carmel Valley/Ambulance Joint Powers Agreement with Carmel Valley Fire District.
B. Consideration of a Resolution Ordering an Election, Requesting the County Elections Department to Conduct the Election, and Requesting Consolidation of the Election.
XI. Orders of Council
A. Receive a report and provide policy direction on the schematic design of the Forest Theater renovation project.
B. Receive report and provide policy direction on a draft of the updated Housing Element of the General Plan.
C. Ratify Appointment to the Harrison Memorial Library Board of Trustees
D. Scheduling Future City Council meetings – Please Bring Your Calendar
XII. Adjournment
The next meeting of the City Council will be:
Regular Council Meeting – 4:30 p.m.
Tuesday, August 4, 2009
Council Chambers
The City of Carmel-by-the-Sea does not discriminate against persons with disabilities. Carmel-by-the-Sea City Hall is an accessible facility. The City of Carmel-by-the-Sea telecommunications device for the Deaf/Speech Impaired (T.D.D.) number is 1-800-735-2929.
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at Carmel-by-the-Sea City Hall, on the east side of Monte Verde Street, between Ocean and 7th Avenues, during normal business hours.
MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
July 7, 2009
I. CALL TO ORDER
The regular meeting of the City Council of the City of Carmel-by-the-Sea, California, was held on the above date at the stated hour of 4:36 p.m. Mayor McCloud called the meeting to order.
II. ROLL CALL
PRESENT: Council Members Hazdovac, Rose, Sharp, Talmage & McCloud
STAFF PRESENT: Rich Guillen, City Administrator
Don Freeman, City Attorney
Heidi Burch, City Clerk
George Rawson, Public Safety Director
Sean Conroy, Planning and Building Services Manager
III. PLEDGE OF ALLEGIANCE
Members of the audience joined the Mayor and Council Members in the Pledge of Allegiance.
IV. EXTRAORDINARY BUSINESS
Mayor McCloud called for a moment of silence in honor of the passing of Kay Prine.
Introduction of Amy Donahue, new Executive Director of the Carmel Public Library Foundation.
Peter Mollman, a board member of the Carmel Public Library Foundation, introduced Amy Donahue.
V. ANNOUNCEMENTS FROM CLOSED SESSION, FROM COUNCIL MEMBERS AND THE CITY ADMINISTRATOR
A. Announcements from Closed Session
City Attorney Don Freeman reported the Council had discussed three matters of existing litigation, one potential matter of litigation and provided direction regarding labor negotiations with the City’s bargaining units. Freeman said there were no public announcements.
B. Announcements from City Council members.
Council Member Sharp noted that she had attended a swearing-in ceremony for new citizens. She also spoke about the debut of the trolley over the July Fourth weekend and noted that the Herald had run a feature story about the trolley.
Council Member Rose noted that a concerted effort of several individuals and agencies allowed Carmel Regional Fire Ambulance to be retained, despite financial difficulties.
Council Member Hazdovac noted the success of the City’s Fourth of July celebration in Devendorf Park.
C. Announcements from City Administrator
1. Receive report on the Nicolay actuarial study on Other Post-Employment Benefits (OPEB).
Doug Tokerud, a senior consultant from Nicolay, presented the report.
2. Receive report from Tom Burns on Devendorf Park art show.
Tom Burns discussed the 2009 Carmel Art and Film Festival planned for October 8-11, 2009.
VI. APPEARANCES
Mayor McCloud opened the meeting to public comment at 5:09 p.m.
Stephen Moorer announced the opening of women’s restrooms at the Golden Bough, the final dates of “Laughter on the 23rd Floor” and “The Blue Room” and the upcoming productions of the “Carmel Follies” and “Oliver!”.
Barbara Livingston, President of the Carmel Residents Association, announced the release of “Carmel from A to Z” and the pending mailing of the directory.
Skip Lloyd noted there were numerous fires on the beach on the Fourth of July.
Mayor McCloud closed the meeting to public comment at 5:16 p.m.
VII. CONSENT CALENDAR
A. Ratify the minutes for the special meeting of May 27, 2009.
B. Ratify the minutes for the regular meeting of June 2, 2009.
C. Ratify the minutes for the special meeting of June 9, 2009.
D. Ratify the minutes for the special meeting of June 16, 2009.
E. Ratify the bills paid for the month of June 2009.
F. Consideration of a Resolution approving a lease agreement with National Parking and Valet for the management of City parking lots for the period July 1, 2009 through June 30, 2012.
G. Consideration of a Resolution amending the agreement with Tristar Risk Management for processing workers compensation claims.
H. Consideration of a Resolution accepting grant proceeds of $261,100 from the State of California Department of Parks and Recreation for the 4th Avenue Riparian Habitat Project and approving a transfer of $166,795 from the General Fund to the Capital Reserve Fund.
I. Consideration of a Resolution authorizing the City Administrator to execute a
Consultant Services Agreement with Michael Rachel for Building Inspection Services in fiscal year 2009/2010 in an amount not to exceed $45,000.
J. Consideration of a Resolution entering into an agreement with Burghardt + Doré Advertising, Inc. for destination marketing services in an amount not to exceed
$128,750 in fiscal year 2009/10.
K. Consideration of a Resolution extending the agreement with the City of Monterey to provide interim Fire Administration and Emergency Incident Management Services until January 31, 2010, in an amount not to exceed $94,500.
L. Consideration of a Resolution of Support of the League of California Cities, Other Cities and Counties in Challenging the Constitutionality of Seizure by Any State Government of the City’s Street Maintenance and Redevelopment Funds.
City Administrator Guillen pulled Item J to be heard at a future meeting.
City Attorney Don Freeman clarified that the fire contract proposed in Item K would
commence July 1, 2009.
Council Member Talmage pulled Item F for discussion at the end of the meeting.
Mayor McCloud opened the meeting to public comment at 5:22 p.m.
Carolyn Hardy pulled Item K for discussion at the end of meeting.
Mayor McCloud closed the meeting to public comment at 5:22 p.m.
Council Member ROSE moved adoption of the Consent Agenda Items A-E, G-I and L, as amended, seconded by Council Member HAZDOVAC and carried unanimously.
VIII. PUBLIC HEARINGS
A. None.
IX. ORDINANCES
A. Consideration of an Ordinance Calling and Fixing the Date of a Special Election to Submit to the City Electors the Question of Discontinuance and Abandonment of the Use of Public Park Land on Which Protests Were Overruled (Second Reading).
Mayor McCloud opened the meeting to public comment at 5:24 p.m.
Roberta Miller read a statement into the record and Skip Lloyd addressed Council
regarding the election.
Mayor McCloud closed the meeting to public comment at 5:26 p.m.
Council Member ROSE moved adoption of an Ordinance on Second Reading Calling and Fixing the Date of a Special Election to Submit to the City Electors the Question of Discontinuance and Abandonment of the Use of Public Park Land on Which Protests Were Overruled, seconded by Council Member HAZDOVAC and carried by the following roll call:
AYES: COUNCIL MEMBERS: HAZDOVAC; ROSE; SHARP; TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
B. Consideration of an Ordinance to revise the Municipal Code and Zoning Ordinance/Local Coastal Implementation Plan returning all design and land use
responsibilities to the Planning Commission (Second Reading).
Mayor McCloud opened and closed the meeting to public comment at 5:28 p.m.
Council Member ROSE moved adoption of an Ordinance to revise the Municipal Code and Zoning Ordinance/Local Coastal Implementation Plan returning all design and land use responsibilities to the Planning Commission, seconded by Council Member TALMAGE and carried by the following roll call:
AYES: COUNCIL MEMBERS: ROSE; SHARP; TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: HAZDOVAC
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
C. Consideration of an Ordinance amending Carmel Municipal Code Chapter 15, establishing Green Building Standards for new construction in the City (First Reading).
Sean Conroy, Planning Services Manager, presented the staff report.
Mayor McCloud opened the meeting to public comment at 5:33 p.m.
Safwat Malek and Jordan Daniels addressed Council.
Mayor McCloud closed the meeting to public comment at 5:35 p.m.
Council Member ROSE moved adoption of an Ordinance on Second Reading amending Carmel Municipal Code Chapter 15, establishing Green Building Standards for new construction in the City, seconded by Council Member SHARP and carried by the following roll call:
AYES: COUNCIL MEMBERS: HAZDOVAC; ROSE; SHARP; TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
X. RESOLUTIONS
A. Consideration of a Resolution amending the Carmel/Carmel Valley/Ambulance Joint
Powers Agreement with Carmel Valley Fire District.
City Administrator Guillen presented the staff report.
Mayor McCloud opened the meeting to public comment at 5:50 p.m.
Carolyn Hardy addressed Council.
Mayor McCloud opened the meeting to public comment at 5:52 p.m.
Council Member Rose and City Administrator Guillen answered questions posed by the
public. Council Member ROSE moved adoption of a Resolution amending the Carmel/Carmel Valley/Ambulance Joint Powers Agreement with Carmel Valley Fire District, seconded by Council Member TALMAGE and carried by the following
roll call:
AYES: COUNCIL MEMBERS: HAZDOVAC; ROSE; SHARP; TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
B. Consideration of a Resolution Ordering an Election, Requesting the County Elections Department to Conduct the Election, and Requesting Consolidation of the Election.
Brian Roseth, Principal of Monterey Bay Planning Services, presented the staff report.
Mayor McCloud opened the meeting to public comment at 6:02 p.m.
Barbara Livingston and Skip Lloyd addressed Council.
Mayor McCloud closed the meeting to public comment at 6:03 p.m.
City Attorney Don Freeman read aloud the proposed ballot language.
Council Member ROSE moved adoption of a Resolution Ordering an Election, Requesting the County Elections Department to Conduct the Election, and Requesting Consolidation of the Election, seconded by Council Member HAZDOVAC and carried by the following roll call:
AYES: COUNCIL MEMBERS: HAZDOVAC; ROSE; SHARP; TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
XI. ORDERS OF COUNCIL
A. Receive a report and provide policy direction on the schematic design of the Forest Theater renovation project.
City Administrator Guillen presented the staff report.
Mayor McCloud opened the meeting to public comment at 6:12 p.m.
Safwat Malek and Skip Lloyd, on behalf of the Carmel Residents Association, read a statement into the record, and Carolyn Hardy and Stephen Moorer addressed Council.
Mayor McCloud closed the meeting to public comment at 6:22 p.m.
Council directed staff to work with Bill Camille on a cost breakdown and report back at the next Council meeting.
B. Receive report and provide policy direction on a draft of the updated Housing
Element of the General Plan.
Sean Conroy, Planning Services Manager, introduced Magdalena Barker, from RBF Consulting, who presented the report.
Mayor McCloud opened and closed the meeting to public comment at 6:52 p.m.
C. Ratify Appointment to the Harrison Memorial Library Board of Trustees
Mayor McCloud and Mayor Pro Tem Sharp recommended Nancy Collins to finish out the term left vacant by the resignation of Denise Swift.
Council Member ROSE moved approval of the appointment of Nancy Collins to the Harrison Memorial Library Board of Trustees, seconded by Council Member TALMAGE and carried by the following roll call:
AYES: COUNCIL MEMBERS: HAZDOVAC; ROSE; SHARP; TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
D. Scheduling Future City Council meetings – Please Bring Your Calendar
ITEM VII.F. – was heard at this time after being pulled from the Consent Agenda by Council Member Talmage.
Consideration of a Resolution approving a lease agreement with National Parking
and Valet for the management of City parking lots for the period July 1, 2009 through June 30, 2012.
Mayor McCloud opened and closed the meeting to public comment at 7:02 p.m.
Council Member HAZDOVAC moved approval of a Resolution approving a lease agreement with National Parking and Valet for the management of City parking lots for the period July 1, 2009 through June 30, 2012, seconded by Council Member ROSE and carried by the following roll call:
AYES: COUNCIL MEMBERS: HAZDOVAC; ROSE; SHARP; & McCLOUD
NOES: COUNCIL MEMBERS: TALMAGE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
ITEM VII. -K. – was heard at this time after being pulled from the Consent Agenda by
Carolyn Hardy.
Consideration of a Resolution extending the agreement with the City of Monterey to
provide interim Fire Administration and Emergency Incident Management Services until
January 31, 2010, in an amount not to exceed $94,500.
City Administrator Guillen presented the staff report.
Mayor McCloud opened the meeting to public comment at 7:11 p.m.
Carolyn Hardy and Mary Ellen Thomas, on behalf of the Carmel Residents Association,
addressed Council.
Mayor McCloud closed the meeting to public comment at 7:16 p.m.
The second sentence in paragraph 1.2 of the agreement referring to “good faith effort” was struck.
Jim Thompson, Monterey Deputy City Manager, answered Council questions. He said the intent of the sentence in paragraph 1.2 deleted by Council was to indicate that
the City of Monterey could not continue to offer interim fire service to the City of Carmel indefinitely.
Council Member ROSE moved approval of a Resolution, as amended, extending the agreement with the City of Monterey to provide interim Fire Administration and
Emergency Incident Management Services until January 31, 2010, in an amount not to exceed $94,500, seconded by Council Member TALMAGE and carried by the following roll call:
AYES: COUNCIL MEMBERS: HAZDOVAC; ROSE; SHARP; TALMAGE& McCLOUD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
XII. ADJOURNMENT
Mayor McCloud declared the meeting adjourned at 7:22 p.m.
Respectfully submitted,
_____________________________
Heidi Burch, City Clerk
ATTEST:
____________________________
SUE McCLOUD, MAYOR
Saturday, July 4, 2009
CITY COUNCIL: Check Register July 2009
City of Carmel-by-the-Sea
July 2009 Check Register
Check No-Check Date-Vendor Name-Net Amount-Expense Account-Account Name
118239 7/7/09 ALAN SIEGRIST $ 158.31 01 33404 REFUND OF DUPLICATE BLDG PERMITS PAID
118250 7/14/09 ALHAMBRA $ 49.21 01 64053 BOTTLED WATER SERVICE
118205 7/7/09 ALLIANT INSURANCE SVCS $ 2,067.00 01 67425 FY 2009/10 CRIME POLICY + PUBLIC OFFICIAL BONDS
118251 7/14/09 AMBAG/ASSN. OF MONTEREY $ 3,383.00 01 60033 FY 2009/10 ANNUAL MBRSHIP FEES
118287 7/21/09 AMERICAN SUPPLY COMPANY $ 3,432.66 01 70044 CUSTODIAL SUPPLIES
118288 7/21/09 ANDON LAUNDRY SERVICE $ 371.25 01 72053 CONTRACTUAL SERVICES
118206 7/7/09 ANIMAL CARE EQUIP & SVS. $ 928.22 01 74095 POLICE DEPT ANIMAL CONTROL SUPPLIES
118289 7/21/09 BAYSTAR EXPRESS/MARNI $ 422.18 01 64039 PRINTING
118252 7/14/09 BICKMORE RISK SERVICES $ 2,500.00 01 67425 SELF-FUNDED WORKERS COMP ACTUARIAL STUDY
118207 7/7/09 BMW OF SANTA CRUZ COUNTY $ 1,147.11 01 76049 POLICE DEPT MOTORCYCLE MAINTENANCE/REPAIRS
118290 7/21/09 BMW OF SANTA CRUZ COUNTY $ 48.27 01 74049 POLICE DEPT MOTORCYCLE MAINTENANCE/REPAIRS
----Vendor Total---- $ 1,195.38
118208 7/7/09 BOTANICAL CONSULTING SERVICES $ 5,126.70 01 88405 DEL MAR/N. DUNES MASTER PLAN PROJECT EXPENSES
118291 7/21/09 BOUND TREE MEDICAL LLC $ 339.36 01 64095 OPERATIONAL SERVICE/SUPPLIES
118291 7/21/09 BOUND TREE MEDICAL LLC $ 345.38 01 72603 MEDICAL SUPPLIES
118291 7/21/09 BOUND TREE MEDICAL LLC $ 302.89 01 74054 EQUIPMENT/SUPPLIES
----Vendor Total---- $ 987.63
118253 7/14/09 BRUNO'S MARKET & DELI $ 49.62 01 67401 BUDGET PREPARATION MEETING EXPENSES
118209 7/7/09 BURGHARDT-DORE ADVERTISING, INC. $ 54,849.10 01 85200 REGIONAL DESTINATION MARKETING
118254 7/14/09 BURGHARDT-DORE ADVERTISING, INC. $ 1,332.50 01 85200 REGIONAL DESTINATION MARKETING
----Vendor Total---- $ 56,181.60
118292 7/21/09 CAL-AM WATER COMPANY $ 190.65 01 64026 UTILITIES
118292 7/21/09 CAL-AM WATER COMPANY $ 3,272.05 01 70026 UTILITIES
118292 7/21/09 CAL-AM WATER COMPANY $ 196.84 01 72026 UTILITIES
118292 7/21/09 CAL-AM WATER COMPANY $ 126.24 01 74026 UTILITIES
118292 7/21/09 CAL-AM WATER COMPANY $ 3,159.66 01 76026 UTILITIES
118292 7/21/09 CAL-AM WATER COMPANY $ 19.42 01 82026 UTILITIES
118292 7/21/09 CAL-AM WATER COMPANY $ 418.14 01 84026 UTILITIES
118292 7/21/09 CAL-AM WATER COMPANY $ 132.48 60 81026 UTILITIES
----Vendor Total---- $ 7,515.48
118210 7/7/09 CALIF BUILDING STANDARDS COMMISSION $ 111.60 50 24050 SB 1473 SPECIAL BLDG PERMIT FEES FOR QTR ENDED 6/30/09
118212 7/7/09 CARMEL FIRE PROTCTN ASSOC $ 175.00 50 24050 PLAN CHECK (CONTRACT FIRE EXP)
118211 7/7/09 CARMEL PINE CONE $ 262.40 01 69040 ADVERTISING
118255 7/14/09 CARMEL PINE CONE $ 149.94 01 61051 SPECIAL ELECTION NOTICING
118293 7/21/09 CARMEL PINE CONE $ 83.30 01 69040 ADVERTISING
----Vendor Total---- $ 495.64
118294 7/21/09 CARMEL YOUTH CENTER, INC. $ 15,000.00 01 64209 DONATION
118270 7/14/09 CAROLINE MALEKI $ 450.00 50 24050 REFUND OF HISTORIC DEPOSIT
118213 7/7/09 CCMF $ 400.00 01 64033 CITY ADMINISTRATOR ANNUAL DUES
118256 7/14/09 CDW-G GOVERNMENT INC. $ 854.66 01 65045 INFORMATON SYST DEPT MATERIALS/SUPPLIES
118224 7/7/09 CHRISTOPHER C. JOHNSON $ 500.00 01 64030 POLICE DEPT STAFF TRAINING
118257 7/14/09 CITY OF MONTEREY $ 11,250.00 01 72053 JUN 2009 FIRE CHIEF/DUTY CHIEF SERVICES
118258 7/14/09 COASTAL HEALTHCARE $ 588.00 01 67017 MEDICAL PROGRAM
118258 7/14/09 COASTAL HEALTHCARE $ 261.00 01 69017 MEDICAL PROGRAM
118258 7/14/09 COASTAL HEALTHCARE $ 245.00 01 70017 MEDICAL PROGRAM
118258 7/14/09 COASTAL HEALTHCARE $ (55.00) 01 74017 MEDICAL PROGRAM
118258 7/14/09 COASTAL HEALTHCARE $ 1,433.10 01 76017 MEDICAL PROGRAM
118258 7/14/09 COASTAL HEALTHCARE $ 511.80 01 84017 MEDICAL PROGRAM
118295 7/21/09 COASTAL HEALTHCARE $ 182.50 01 60017 MEDICAL PROGRAM
118295 7/21/09 COASTAL HEALTHCARE $ 155.90 01 64017 MEDICAL PROGRAM
118295 7/21/09 COASTAL HEALTHCARE $ 19.00 01 65017 MEDICAL PROGRAM
118295 7/21/09 COASTAL HEALTHCARE $ 38.00 01 67017 MEDICAL PROGRAM
118295 7/21/09 COASTAL HEALTHCARE $ 47.50 01 69017 MEDICAL PROGRAM
118295 7/21/09 COASTAL HEALTHCARE $ 19.00 01 70017 MEDICAL PROGRAM
118295 7/21/09 COASTAL HEALTHCARE $ 114.00 01 72017 MEDICAL PROGRAM
118295 7/21/09 COASTAL HEALTHCARE $ 1,486.90 01 74017 MEDICAL PROGRAM
118295 7/21/09 COASTAL HEALTHCARE $ 76.00 01 76017 MEDICAL PROGRAM
118295 7/21/09 COASTAL HEALTHCARE $ 28.50 01 78017 MEDICAL PROGRAM
118295 7/21/09 COASTAL HEALTHCARE $ 85.50 01 84017 MEDICAL PROGRAM
----Vendor Total---- $ 5,236.70
118259 7/14/09 COASTLINE BUSINESS FORMS $ 368.62 01 74039 PRINTING
118296 7/21/09 CODE PUBLISHING COMPANY $ 149.50 01 64053 CONTRACTUAL SERVICES
118260 7/14/09 COMFORT INN $ 990.00 01 64030 POLICE DEPT STAFF TRAVEL/TRAINING EXPENSES
118297 7/21/09 COMMUNITY HOSPITAL OF THE MONTEREY PENINSULA $ 60.00 01 74053 CONTRACTUAL SERVICES
118214 7/7/09 COMMUNITY HUMAN SERVICES $ 12,000.00 01 60033 FY 2009/10 ANNUAL JPA FEES
118215 7/7/09 COPIES BY-THE-SEA $ 375.84 01 67401 BUDGET PREPARATION
118215 7/7/09 COPIES BY-THE-SEA $ 49.62 01 69039 PRINTING
----Vendor Total---- $ 425.46
118298 7/21/09 CSAC EXCESS INS AUTHORITY $ 522.00 01 67120 EMPLOYEE ASSISTANCE PROGRAM-QTR ENDING 9/30/09
118298 7/21/09 CSAC EXCESS INS AUTHORITY $ 212,443.00 01 67425 FY 09/10 LIABILIITY AND PROPERTY INSURANCE PREMIUMS
----Vendor Total---- $ 212,965.00
118261 7/14/09 DEPARTMENT OF JUSTICE $ 17.00 01 74050 OUTSIDE LABOR
118299 7/21/09 DEPARTMENT OF JUSTICE $ 115.00 01 67110 PRE-EMPLOYMENT
----Vendor Total---- $ 132.00
118218 7/7/09 DEWEY D. EVANS $ 200.00 01 63053 JULY 2009 CITY TREASURER SERVICES
118300 7/21/09 DOCUTEC $ 75.78 01 65042 OFFICE MACHINE SUPPLIES
118217 7/7/09 EMBASSY SUITES-SAN FRANCISCO AIRPORT $ 279.72 01 64030 POLICE DEPT STAFF TRAVEL/TRAINING EXPENSES
118219 7/7/09 FIRST ALARM-MONTEREY CO. $ 226.50 01 72053 CONTRACTUAL SERVICES
118220 7/7/09 FORT ORD REUSE AUTHORITY $ 14,000.00 01 60033 FY 09/10 ANNUAL DUES
118264 7/14/09 GALL'S, INC. $ 194.81 01 72057 SAFETY EQUIPMENT
118221 7/7/09 GRANICUS, INC. $ 521.90 01 65053 CONTRACTUAL SERVICES
118301 7/21/09 HOME DEPOT/GECF $ 18.86 01 70045 MATERIAL/SUPPLIES
118301 7/21/09 HOME DEPOT/GECF $ 151.86 01 76054 TOOLS/EQUIPMENT
----Vendor Total---- $ 170.72
118267 7/14/09 IKON OFFICE SOLUTIONS $ 173.18 01 64053 CONTRACTUAL SERVICES
118267 7/14/09 IKON OFFICE SOLUTIONS $ 36.09 01 72053 CONTRACTUAL SERVICES
----Vendor Total---- $ 209.27
118222 7/7/09 INTERNATIONAL INSTITUTE OF MUNICIPAL CLERKS $ 100.00 01 64023 FY 2009/10 ANNUAL DUES
118280 7/14/09 JAN ROEHL $ 2,231.25 01 64051 GRANT WRITING PROFESSIONAL SERVICES
118263 7/14/09 JOEL FRANKLIN $ 15,545.12 01 61051 LEGAL PROFESSIONAL SERVICES
118276 7/14/09 JOSH PLOSSER $ 526.00 01 64030 POLICE DEPT STAFF TRAVEL/TRAINING EXPENSES
118265 7/14/09 JOYCE GIUFFRE $ 13.75 01 64030 MILEAGE REIMBURSEMENT
118225 7/7/09 JRP HISTORICAL CONSULTING $ 740.85 01 64051 FOREST THEATER HISTORIC SURVEY
118266 7/14/09 KATHRYN GUALTIERI $ 1,100.00 50 24050 HISTORIC SURVEY
118268 7/14/09 KELLY PRODUCTIONS $ 1,400.00 01 82055 CITY'S JULY 4TH ENTERTAINMENT EXPENSES
118302 7/21/09 KENNEDY, ARCHER & HARRAY $ 2,116.54 01 61051 LEGAL PROFESSIONAL SERVICES
118226 7/7/09 L-3 COMMUNICATIONS $ 335.58 21 24021 POLICE DEPT MOTORCYCLE PARTS
118227 7/7/09 LIEBERT CASSIDY WHITMORE $ 2,366.03 01 61051 LEGAL PROFESSIONAL SERVICES
118269 7/14/09 LIU OF NA $ 1,426.23 01 21285 RETIREMENT
118269 7/14/09 LIU OF NA $ 187.20 01 65016 RETIREMENT
118269 7/14/09 LIU OF NA $ 187.20 01 67016 RETIREMENT
118269 7/14/09 LIU OF NA $ 748.80 01 69016 RETIREMENT
118269 7/14/09 LIU OF NA $ 187.20 01 70016 RETIREMENT
118269 7/14/09 LIU OF NA $ 1,497.60 01 76016 RETIREMENT
118269 7/14/09 LIU OF NA $ 374.40 01 78016 RETIREMENT
118269 7/14/09 LIU OF NA $ 1,061.28 01 84016 RETIREMENT
----Vendor Total---- $ 5,669.91
118272 7/14/09 MCCLEOA $ 100.00 01 74033 POLICE DEPT DUES/MEMBERSHIPS
118303 7/21/09 MCFTOA (MTRY CNTY FIRE TRAINING OFFICER ASSN) $ 63.33 01 72600 EMERGENCY RESPONSE TRAINING
118229 7/7/09 MELVIN MUKAI $ 150.00 01 64030 POLICE DEPT STAFF TRAVEL/TRAINING EXPENSES
118309 7/21/09 MELVIN MUKAI $ 191.63 01 64030 POLICE DEPT STAFF TRAVEL/TRAINING EXPENSES
----Vendor Total---- $ 341.63
118308 7/21/09 MONTEREY BAY PLANNING SERVICES $ 2,810.00 01 61051 PLANNING SERVICES FOR FLANDERS MANSION
118304 7/21/09 MONTEREY CNTY ANIMAL SERV $ 429.00 01 74053 POLICE DEPT ANIMAL CONTROL SERVICES
118307 7/21/09 MONTEREY COUNTY VISITOR & CONVENTION BUREAU $ 28,413.00 01 85203 QTR ENDING 9/30/09 MCCVB MEMBERSHIP
118305 7/21/09 MONTEREY COUNTY BUSINESS $ 1,007.61 01 74053 BOOKING FEES
118271 7/14/09 MONTEREY COUNTY HERALD $ 269.61 01 61051 FLANDERS MANSION PUBLIC NOTICING
118306 7/21/09 MTY COUNTY TELECOMM $ 226.00 01 74053 CONTRACTUAL SERVICES
118310 7/21/09 NANCY'S MID VLY FLORIST $ 173.20 01 64095 OPERATIONAL SERVICE/SUPPLIES
118230 7/7/09 NEILL ENGINEERS CORP. $ 150.00 01 62053 CONTRACTUAL SERVICES
118273 7/14/09 NEXTEL COMMUNICATIONS $ 56.76 01 64036 TELEPHONE
118273 7/14/09 NEXTEL COMMUNICATIONS $ 271.32 01 65036 TELEPHONE
118273 7/14/09 NEXTEL COMMUNICATIONS $ 250.56 01 70036 TELEPHONE
118273 7/14/09 NEXTEL COMMUNICATIONS $ 91.42 01 72036 TELEPHONE
118273 7/14/09 NEXTEL COMMUNICATIONS $ 392.87 01 74036 TELEPHONE
118273 7/14/09 NEXTEL COMMUNICATIONS $ 99.17 01 76036 TELEPHONE
118273 7/14/09 NEXTEL COMMUNICATIONS $ 29.26 01 78036 TELEPHONE
118273 7/14/09 NEXTEL COMMUNICATIONS $ 32.04 01 82036 TELEPHONE
----Vendor Total---- $ 1,223.40
118231 7/7/09 NIELSEN BROS. MARKET,INC. $ 60.00 50 24050 SENIORS-HELPING SENIORS PROGRAM
118232 7/7/09 OFFICE DEPOT, INC. $ 168.42 01 74042 OFFICE MACHINE SUPPLIES
118311 7/21/09 OFFICE DEPOT, INC. $ 283.57 01 72043 OFFICE SUPPLIES
118311 7/21/09 OFFICE DEPOT, INC. $ 26.85 01 74043 OFFICE SUPPLIES
----Vendor Total---- $ 478.84
118274 7/14/09 ORCHARD SUPPLY $ 65.24 01 70045 MATERIAL/SUPPLIES
118233 7/7/09 PACIFIC GAS & ELECTRIC CO $ 644.23 01 64026 UTILITIES
118233 7/7/09 PACIFIC GAS & ELECTRIC CO $ 80.47 01 70026 UTILITIES
118233 7/7/09 PACIFIC GAS & ELECTRIC CO $ 873.25 01 72026 UTILITIES
118233 7/7/09 PACIFIC GAS & ELECTRIC CO $ 2,713.21 01 74026 UTILITIES
118233 7/7/09 PACIFIC GAS & ELECTRIC CO $ 1,528.98 01 76026 UTILITIES
118233 7/7/09 PACIFIC GAS & ELECTRIC CO $ 45.45 01 78026 UTILITIES
118233 7/7/09 PACIFIC GAS & ELECTRIC CO $ 355.50 01 82026 UTILITIES
118233 7/7/09 PACIFIC GAS & ELECTRIC CO $ 2,425.54 01 84026 UTILITIES
118233 7/7/09 PACIFIC GAS & ELECTRIC CO $ 254.16 60 81026 UTILITIES
----Vendor Total---- $ 8,920.79
118234 7/7/09 PEBBLE BEACH COMPANY $ 253.28 01 74053 BEACHFRONT RADIO COMMUNICATION LICENSE
118275 7/14/09 PENINSULA MESSENGER SERVICE $ 4,260.00 01 64204 MAIL SERVICE CONTRACT
118312 7/21/09 PETTY CASH - RECREATION $ 193.46 01 82055 COMMUNITY ACTIVITIES
118277 7/14/09 PROFESSIONAL PROP MAINT $ 6,842.52 01 70053 CONTRACTUAL SERVICES
118235 7/7/09 PUBLIC SAFETY CENTER INC. $ 184.64 01 72603 MEDICAL SUPPLIES
118236 7/7/09 PUBLIC STORAGE $ 286.00 01 67053 OFF-SITE STORAGE RENTAL
118313 7/21/09 RADISSON HOTEL $ 282.39 01 64030 POLICE DEPT STAFF TRAVEL/TRAINING EXPENSES
118278 7/14/09 RANCHO CAR WASH $ 14.71 01 74050 OUTSIDE LABOR
118238 7/7/09 RBF CONSULTING $ 11,668.70 01 88401 GENERAL PLAN PROJECT EXPENSES
118279 7/14/09 RBF CONSULTING $ 3,928.25 01 88406 GENERAL PLAN HOUSING ELEMENT PROJECT EXPENSES
----Vendor Total---- $ 15,596.95
118223 7/7/09 ROBERT S. JAQUES $ 1,925.00 01 76055 STORM WATER RUNOFF PROGRAM EXPENSES
118216 7/7/09 RYAN RANCH PRINTERS $ 222.91 01 69039 PRINTING
118262 7/14/09 RYAN RANCH PRINTERS $ 390.24 01 69039 PRINTING
----Vendor Total---- $ 613.15
118281 7/14/09 RYDIN DECAL $ 819.48 01 74039 PRINTING
118282 7/14/09 SENTRY ALARM SYSTEMS $ 1,388.16 01 64053 CONTRACTUAL SERVICES
118282 7/14/09 SENTRY ALARM SYSTEMS $ 600.00 01 65053 CONTRACTUAL SERVICES
118282 7/14/09 SENTRY ALARM SYSTEMS $ 5,691.00 01 72053 CONTRACTUAL SERVICES
118282 7/14/09 SENTRY ALARM SYSTEMS $ 423.00 01 76053 CONTRACTUAL SERVICES
----Vendor Total---- $ 8,102.16
118314 7/21/09 SHELL FLEET PLUS $ 86.74 01 72095 FIRE DEPT TRAVEL EXPENSES
118240 7/7/09 SO. BAY REGIONAL PUBLIC SFTY TRNG CONSORTIUM $ 175.00 01 64030 POLICE DEPT STAFF TRAVEL/TRAINING EXPENSES
118241 7/7/09 STAYBRIDGE SUITES $ 1,415.00 01 64030 POLICE DEPT STAFF TRAVEL/TRAINING EXPENSES
118237 7/7/09 STEVE RANA $ 145.70 01 74054 REIMBURSEMENT FOR EQUIPMENT/SUPPLIES
118249 7/7/09 SUNSET CULTURAL CTR. INC. $ 170,000.00 01 80900 QTR ENDING 9/30/09 ENABLING GRANT
118315 7/21/09 TARGETSAFETY $ 1,245.00 01 72053
FIRE DEPT ANNUAL USER LICENSE & SUBSCRIPTION FEE-RISK MGT PROGRAM
118248 7/7/09 THE WRITERS, AUTHORS, IDEA FESTIVAL $ 150.00 01 33405 REIMBURSEMENT FOR PLANNING PERMITS
118283 7/14/09 THOMSON WEST $ 768.58 01 61034 DOCUMENTS/PUBLICATIONS
118243 7/7/09 TRACNET CORPORATION $ 12,000.00 01 74053 POLICE DEPT CONTRACTUAL SERVICES
118242 7/7/09 TRANSPORTATION AGENCY $ 1,398.00 01 60033 FY 2009/10 ANNUAL MBRSHIP FEES
118244 7/7/09 TRISTAR RISK MANAGEMENT $ 1,900.00 01 67424 ADMIN FEES FOR WORKERS COMP SELF-FUNDED CLAIMS
118245 7/7/09 TRUCKSIS ENTERPRISES,INC. $ 300.00 01 69055 COMMUNITY ACTIVITIES
118284 7/14/09 VAPOR CLEANERS INC $ 21.50 01 74050 OUTSIDE LABOR
118246 7/7/09 VASILOVICH RESIDENTIAL PLNG & DESIGN $ 552.50 50 24050 VOLUME STUDIES
118247 7/7/09 VERIZON WIRELESS $ 34.51 01 60036 TELEPHONE
118247 7/7/09 VERIZON WIRELESS $ 53.87 01 64036 TELEPHONE
----Vendor Total---- $ 88.38
118316 7/21/09 WASSON'S CLEANING SVCS. $ 1,000.23 01 74053 CONTRACTUAL SERVICES
118285 7/14/09 WELLS FARGO (CREDIT CARD) $ 82.90 01 70045 MATERIAL/SUPPLIES
118285 7/14/09 WELLS FARGO (CREDIT CARD) $ 607.18 01 82055 COMMUNITY ACTIVITIES
118317 7/21/09 WELLS FARGO (CREDIT CARD) $ 320.58 01 72600 EMERGENCY RESPONSE TRAINING
118317 7/21/09 WELLS FARGO (CREDIT CARD) $ 71.99 01 74050 OUTSIDE LABOR
118318 7/21/09 WELLS FARGO (CREDIT CARD) $ 35.00 01 78045 MATERIAL/SUPPLIES
----Vendor Total---- $ 1,117.65
118286 7/14/09 WIDEBAND CORPORATION $ 1,995.00 01 65045 INFORMATION SYSTEM DEPT MATERIALS/SUPPLIES
113 Checks Total: $672,420.82
July 2009 Check Register
Check No-Check Date-Vendor Name-Net Amount-Expense Account-Account Name
118239 7/7/09 ALAN SIEGRIST $ 158.31 01 33404 REFUND OF DUPLICATE BLDG PERMITS PAID
118250 7/14/09 ALHAMBRA $ 49.21 01 64053 BOTTLED WATER SERVICE
118205 7/7/09 ALLIANT INSURANCE SVCS $ 2,067.00 01 67425 FY 2009/10 CRIME POLICY + PUBLIC OFFICIAL BONDS
118251 7/14/09 AMBAG/ASSN. OF MONTEREY $ 3,383.00 01 60033 FY 2009/10 ANNUAL MBRSHIP FEES
118287 7/21/09 AMERICAN SUPPLY COMPANY $ 3,432.66 01 70044 CUSTODIAL SUPPLIES
118288 7/21/09 ANDON LAUNDRY SERVICE $ 371.25 01 72053 CONTRACTUAL SERVICES
118206 7/7/09 ANIMAL CARE EQUIP & SVS. $ 928.22 01 74095 POLICE DEPT ANIMAL CONTROL SUPPLIES
118289 7/21/09 BAYSTAR EXPRESS/MARNI $ 422.18 01 64039 PRINTING
118252 7/14/09 BICKMORE RISK SERVICES $ 2,500.00 01 67425 SELF-FUNDED WORKERS COMP ACTUARIAL STUDY
118207 7/7/09 BMW OF SANTA CRUZ COUNTY $ 1,147.11 01 76049 POLICE DEPT MOTORCYCLE MAINTENANCE/REPAIRS
118290 7/21/09 BMW OF SANTA CRUZ COUNTY $ 48.27 01 74049 POLICE DEPT MOTORCYCLE MAINTENANCE/REPAIRS
----Vendor Total---- $ 1,195.38
118208 7/7/09 BOTANICAL CONSULTING SERVICES $ 5,126.70 01 88405 DEL MAR/N. DUNES MASTER PLAN PROJECT EXPENSES
118291 7/21/09 BOUND TREE MEDICAL LLC $ 339.36 01 64095 OPERATIONAL SERVICE/SUPPLIES
118291 7/21/09 BOUND TREE MEDICAL LLC $ 345.38 01 72603 MEDICAL SUPPLIES
118291 7/21/09 BOUND TREE MEDICAL LLC $ 302.89 01 74054 EQUIPMENT/SUPPLIES
----Vendor Total---- $ 987.63
118253 7/14/09 BRUNO'S MARKET & DELI $ 49.62 01 67401 BUDGET PREPARATION MEETING EXPENSES
118209 7/7/09 BURGHARDT-DORE ADVERTISING, INC. $ 54,849.10 01 85200 REGIONAL DESTINATION MARKETING
118254 7/14/09 BURGHARDT-DORE ADVERTISING, INC. $ 1,332.50 01 85200 REGIONAL DESTINATION MARKETING
----Vendor Total---- $ 56,181.60
118292 7/21/09 CAL-AM WATER COMPANY $ 190.65 01 64026 UTILITIES
118292 7/21/09 CAL-AM WATER COMPANY $ 3,272.05 01 70026 UTILITIES
118292 7/21/09 CAL-AM WATER COMPANY $ 196.84 01 72026 UTILITIES
118292 7/21/09 CAL-AM WATER COMPANY $ 126.24 01 74026 UTILITIES
118292 7/21/09 CAL-AM WATER COMPANY $ 3,159.66 01 76026 UTILITIES
118292 7/21/09 CAL-AM WATER COMPANY $ 19.42 01 82026 UTILITIES
118292 7/21/09 CAL-AM WATER COMPANY $ 418.14 01 84026 UTILITIES
118292 7/21/09 CAL-AM WATER COMPANY $ 132.48 60 81026 UTILITIES
----Vendor Total---- $ 7,515.48
118210 7/7/09 CALIF BUILDING STANDARDS COMMISSION $ 111.60 50 24050 SB 1473 SPECIAL BLDG PERMIT FEES FOR QTR ENDED 6/30/09
118212 7/7/09 CARMEL FIRE PROTCTN ASSOC $ 175.00 50 24050 PLAN CHECK (CONTRACT FIRE EXP)
118211 7/7/09 CARMEL PINE CONE $ 262.40 01 69040 ADVERTISING
118255 7/14/09 CARMEL PINE CONE $ 149.94 01 61051 SPECIAL ELECTION NOTICING
118293 7/21/09 CARMEL PINE CONE $ 83.30 01 69040 ADVERTISING
----Vendor Total---- $ 495.64
118294 7/21/09 CARMEL YOUTH CENTER, INC. $ 15,000.00 01 64209 DONATION
118270 7/14/09 CAROLINE MALEKI $ 450.00 50 24050 REFUND OF HISTORIC DEPOSIT
118213 7/7/09 CCMF $ 400.00 01 64033 CITY ADMINISTRATOR ANNUAL DUES
118256 7/14/09 CDW-G GOVERNMENT INC. $ 854.66 01 65045 INFORMATON SYST DEPT MATERIALS/SUPPLIES
118224 7/7/09 CHRISTOPHER C. JOHNSON $ 500.00 01 64030 POLICE DEPT STAFF TRAINING
118257 7/14/09 CITY OF MONTEREY $ 11,250.00 01 72053 JUN 2009 FIRE CHIEF/DUTY CHIEF SERVICES
118258 7/14/09 COASTAL HEALTHCARE $ 588.00 01 67017 MEDICAL PROGRAM
118258 7/14/09 COASTAL HEALTHCARE $ 261.00 01 69017 MEDICAL PROGRAM
118258 7/14/09 COASTAL HEALTHCARE $ 245.00 01 70017 MEDICAL PROGRAM
118258 7/14/09 COASTAL HEALTHCARE $ (55.00) 01 74017 MEDICAL PROGRAM
118258 7/14/09 COASTAL HEALTHCARE $ 1,433.10 01 76017 MEDICAL PROGRAM
118258 7/14/09 COASTAL HEALTHCARE $ 511.80 01 84017 MEDICAL PROGRAM
118295 7/21/09 COASTAL HEALTHCARE $ 182.50 01 60017 MEDICAL PROGRAM
118295 7/21/09 COASTAL HEALTHCARE $ 155.90 01 64017 MEDICAL PROGRAM
118295 7/21/09 COASTAL HEALTHCARE $ 19.00 01 65017 MEDICAL PROGRAM
118295 7/21/09 COASTAL HEALTHCARE $ 38.00 01 67017 MEDICAL PROGRAM
118295 7/21/09 COASTAL HEALTHCARE $ 47.50 01 69017 MEDICAL PROGRAM
118295 7/21/09 COASTAL HEALTHCARE $ 19.00 01 70017 MEDICAL PROGRAM
118295 7/21/09 COASTAL HEALTHCARE $ 114.00 01 72017 MEDICAL PROGRAM
118295 7/21/09 COASTAL HEALTHCARE $ 1,486.90 01 74017 MEDICAL PROGRAM
118295 7/21/09 COASTAL HEALTHCARE $ 76.00 01 76017 MEDICAL PROGRAM
118295 7/21/09 COASTAL HEALTHCARE $ 28.50 01 78017 MEDICAL PROGRAM
118295 7/21/09 COASTAL HEALTHCARE $ 85.50 01 84017 MEDICAL PROGRAM
----Vendor Total---- $ 5,236.70
118259 7/14/09 COASTLINE BUSINESS FORMS $ 368.62 01 74039 PRINTING
118296 7/21/09 CODE PUBLISHING COMPANY $ 149.50 01 64053 CONTRACTUAL SERVICES
118260 7/14/09 COMFORT INN $ 990.00 01 64030 POLICE DEPT STAFF TRAVEL/TRAINING EXPENSES
118297 7/21/09 COMMUNITY HOSPITAL OF THE MONTEREY PENINSULA $ 60.00 01 74053 CONTRACTUAL SERVICES
118214 7/7/09 COMMUNITY HUMAN SERVICES $ 12,000.00 01 60033 FY 2009/10 ANNUAL JPA FEES
118215 7/7/09 COPIES BY-THE-SEA $ 375.84 01 67401 BUDGET PREPARATION
118215 7/7/09 COPIES BY-THE-SEA $ 49.62 01 69039 PRINTING
----Vendor Total---- $ 425.46
118298 7/21/09 CSAC EXCESS INS AUTHORITY $ 522.00 01 67120 EMPLOYEE ASSISTANCE PROGRAM-QTR ENDING 9/30/09
118298 7/21/09 CSAC EXCESS INS AUTHORITY $ 212,443.00 01 67425 FY 09/10 LIABILIITY AND PROPERTY INSURANCE PREMIUMS
----Vendor Total---- $ 212,965.00
118261 7/14/09 DEPARTMENT OF JUSTICE $ 17.00 01 74050 OUTSIDE LABOR
118299 7/21/09 DEPARTMENT OF JUSTICE $ 115.00 01 67110 PRE-EMPLOYMENT
----Vendor Total---- $ 132.00
118218 7/7/09 DEWEY D. EVANS $ 200.00 01 63053 JULY 2009 CITY TREASURER SERVICES
118300 7/21/09 DOCUTEC $ 75.78 01 65042 OFFICE MACHINE SUPPLIES
118217 7/7/09 EMBASSY SUITES-SAN FRANCISCO AIRPORT $ 279.72 01 64030 POLICE DEPT STAFF TRAVEL/TRAINING EXPENSES
118219 7/7/09 FIRST ALARM-MONTEREY CO. $ 226.50 01 72053 CONTRACTUAL SERVICES
118220 7/7/09 FORT ORD REUSE AUTHORITY $ 14,000.00 01 60033 FY 09/10 ANNUAL DUES
118264 7/14/09 GALL'S, INC. $ 194.81 01 72057 SAFETY EQUIPMENT
118221 7/7/09 GRANICUS, INC. $ 521.90 01 65053 CONTRACTUAL SERVICES
118301 7/21/09 HOME DEPOT/GECF $ 18.86 01 70045 MATERIAL/SUPPLIES
118301 7/21/09 HOME DEPOT/GECF $ 151.86 01 76054 TOOLS/EQUIPMENT
----Vendor Total---- $ 170.72
118267 7/14/09 IKON OFFICE SOLUTIONS $ 173.18 01 64053 CONTRACTUAL SERVICES
118267 7/14/09 IKON OFFICE SOLUTIONS $ 36.09 01 72053 CONTRACTUAL SERVICES
----Vendor Total---- $ 209.27
118222 7/7/09 INTERNATIONAL INSTITUTE OF MUNICIPAL CLERKS $ 100.00 01 64023 FY 2009/10 ANNUAL DUES
118280 7/14/09 JAN ROEHL $ 2,231.25 01 64051 GRANT WRITING PROFESSIONAL SERVICES
118263 7/14/09 JOEL FRANKLIN $ 15,545.12 01 61051 LEGAL PROFESSIONAL SERVICES
118276 7/14/09 JOSH PLOSSER $ 526.00 01 64030 POLICE DEPT STAFF TRAVEL/TRAINING EXPENSES
118265 7/14/09 JOYCE GIUFFRE $ 13.75 01 64030 MILEAGE REIMBURSEMENT
118225 7/7/09 JRP HISTORICAL CONSULTING $ 740.85 01 64051 FOREST THEATER HISTORIC SURVEY
118266 7/14/09 KATHRYN GUALTIERI $ 1,100.00 50 24050 HISTORIC SURVEY
118268 7/14/09 KELLY PRODUCTIONS $ 1,400.00 01 82055 CITY'S JULY 4TH ENTERTAINMENT EXPENSES
118302 7/21/09 KENNEDY, ARCHER & HARRAY $ 2,116.54 01 61051 LEGAL PROFESSIONAL SERVICES
118226 7/7/09 L-3 COMMUNICATIONS $ 335.58 21 24021 POLICE DEPT MOTORCYCLE PARTS
118227 7/7/09 LIEBERT CASSIDY WHITMORE $ 2,366.03 01 61051 LEGAL PROFESSIONAL SERVICES
118269 7/14/09 LIU OF NA $ 1,426.23 01 21285 RETIREMENT
118269 7/14/09 LIU OF NA $ 187.20 01 65016 RETIREMENT
118269 7/14/09 LIU OF NA $ 187.20 01 67016 RETIREMENT
118269 7/14/09 LIU OF NA $ 748.80 01 69016 RETIREMENT
118269 7/14/09 LIU OF NA $ 187.20 01 70016 RETIREMENT
118269 7/14/09 LIU OF NA $ 1,497.60 01 76016 RETIREMENT
118269 7/14/09 LIU OF NA $ 374.40 01 78016 RETIREMENT
118269 7/14/09 LIU OF NA $ 1,061.28 01 84016 RETIREMENT
----Vendor Total---- $ 5,669.91
118272 7/14/09 MCCLEOA $ 100.00 01 74033 POLICE DEPT DUES/MEMBERSHIPS
118303 7/21/09 MCFTOA (MTRY CNTY FIRE TRAINING OFFICER ASSN) $ 63.33 01 72600 EMERGENCY RESPONSE TRAINING
118229 7/7/09 MELVIN MUKAI $ 150.00 01 64030 POLICE DEPT STAFF TRAVEL/TRAINING EXPENSES
118309 7/21/09 MELVIN MUKAI $ 191.63 01 64030 POLICE DEPT STAFF TRAVEL/TRAINING EXPENSES
----Vendor Total---- $ 341.63
118308 7/21/09 MONTEREY BAY PLANNING SERVICES $ 2,810.00 01 61051 PLANNING SERVICES FOR FLANDERS MANSION
118304 7/21/09 MONTEREY CNTY ANIMAL SERV $ 429.00 01 74053 POLICE DEPT ANIMAL CONTROL SERVICES
118307 7/21/09 MONTEREY COUNTY VISITOR & CONVENTION BUREAU $ 28,413.00 01 85203 QTR ENDING 9/30/09 MCCVB MEMBERSHIP
118305 7/21/09 MONTEREY COUNTY BUSINESS $ 1,007.61 01 74053 BOOKING FEES
118271 7/14/09 MONTEREY COUNTY HERALD $ 269.61 01 61051 FLANDERS MANSION PUBLIC NOTICING
118306 7/21/09 MTY COUNTY TELECOMM $ 226.00 01 74053 CONTRACTUAL SERVICES
118310 7/21/09 NANCY'S MID VLY FLORIST $ 173.20 01 64095 OPERATIONAL SERVICE/SUPPLIES
118230 7/7/09 NEILL ENGINEERS CORP. $ 150.00 01 62053 CONTRACTUAL SERVICES
118273 7/14/09 NEXTEL COMMUNICATIONS $ 56.76 01 64036 TELEPHONE
118273 7/14/09 NEXTEL COMMUNICATIONS $ 271.32 01 65036 TELEPHONE
118273 7/14/09 NEXTEL COMMUNICATIONS $ 250.56 01 70036 TELEPHONE
118273 7/14/09 NEXTEL COMMUNICATIONS $ 91.42 01 72036 TELEPHONE
118273 7/14/09 NEXTEL COMMUNICATIONS $ 392.87 01 74036 TELEPHONE
118273 7/14/09 NEXTEL COMMUNICATIONS $ 99.17 01 76036 TELEPHONE
118273 7/14/09 NEXTEL COMMUNICATIONS $ 29.26 01 78036 TELEPHONE
118273 7/14/09 NEXTEL COMMUNICATIONS $ 32.04 01 82036 TELEPHONE
----Vendor Total---- $ 1,223.40
118231 7/7/09 NIELSEN BROS. MARKET,INC. $ 60.00 50 24050 SENIORS-HELPING SENIORS PROGRAM
118232 7/7/09 OFFICE DEPOT, INC. $ 168.42 01 74042 OFFICE MACHINE SUPPLIES
118311 7/21/09 OFFICE DEPOT, INC. $ 283.57 01 72043 OFFICE SUPPLIES
118311 7/21/09 OFFICE DEPOT, INC. $ 26.85 01 74043 OFFICE SUPPLIES
----Vendor Total---- $ 478.84
118274 7/14/09 ORCHARD SUPPLY $ 65.24 01 70045 MATERIAL/SUPPLIES
118233 7/7/09 PACIFIC GAS & ELECTRIC CO $ 644.23 01 64026 UTILITIES
118233 7/7/09 PACIFIC GAS & ELECTRIC CO $ 80.47 01 70026 UTILITIES
118233 7/7/09 PACIFIC GAS & ELECTRIC CO $ 873.25 01 72026 UTILITIES
118233 7/7/09 PACIFIC GAS & ELECTRIC CO $ 2,713.21 01 74026 UTILITIES
118233 7/7/09 PACIFIC GAS & ELECTRIC CO $ 1,528.98 01 76026 UTILITIES
118233 7/7/09 PACIFIC GAS & ELECTRIC CO $ 45.45 01 78026 UTILITIES
118233 7/7/09 PACIFIC GAS & ELECTRIC CO $ 355.50 01 82026 UTILITIES
118233 7/7/09 PACIFIC GAS & ELECTRIC CO $ 2,425.54 01 84026 UTILITIES
118233 7/7/09 PACIFIC GAS & ELECTRIC CO $ 254.16 60 81026 UTILITIES
----Vendor Total---- $ 8,920.79
118234 7/7/09 PEBBLE BEACH COMPANY $ 253.28 01 74053 BEACHFRONT RADIO COMMUNICATION LICENSE
118275 7/14/09 PENINSULA MESSENGER SERVICE $ 4,260.00 01 64204 MAIL SERVICE CONTRACT
118312 7/21/09 PETTY CASH - RECREATION $ 193.46 01 82055 COMMUNITY ACTIVITIES
118277 7/14/09 PROFESSIONAL PROP MAINT $ 6,842.52 01 70053 CONTRACTUAL SERVICES
118235 7/7/09 PUBLIC SAFETY CENTER INC. $ 184.64 01 72603 MEDICAL SUPPLIES
118236 7/7/09 PUBLIC STORAGE $ 286.00 01 67053 OFF-SITE STORAGE RENTAL
118313 7/21/09 RADISSON HOTEL $ 282.39 01 64030 POLICE DEPT STAFF TRAVEL/TRAINING EXPENSES
118278 7/14/09 RANCHO CAR WASH $ 14.71 01 74050 OUTSIDE LABOR
118238 7/7/09 RBF CONSULTING $ 11,668.70 01 88401 GENERAL PLAN PROJECT EXPENSES
118279 7/14/09 RBF CONSULTING $ 3,928.25 01 88406 GENERAL PLAN HOUSING ELEMENT PROJECT EXPENSES
----Vendor Total---- $ 15,596.95
118223 7/7/09 ROBERT S. JAQUES $ 1,925.00 01 76055 STORM WATER RUNOFF PROGRAM EXPENSES
118216 7/7/09 RYAN RANCH PRINTERS $ 222.91 01 69039 PRINTING
118262 7/14/09 RYAN RANCH PRINTERS $ 390.24 01 69039 PRINTING
----Vendor Total---- $ 613.15
118281 7/14/09 RYDIN DECAL $ 819.48 01 74039 PRINTING
118282 7/14/09 SENTRY ALARM SYSTEMS $ 1,388.16 01 64053 CONTRACTUAL SERVICES
118282 7/14/09 SENTRY ALARM SYSTEMS $ 600.00 01 65053 CONTRACTUAL SERVICES
118282 7/14/09 SENTRY ALARM SYSTEMS $ 5,691.00 01 72053 CONTRACTUAL SERVICES
118282 7/14/09 SENTRY ALARM SYSTEMS $ 423.00 01 76053 CONTRACTUAL SERVICES
----Vendor Total---- $ 8,102.16
118314 7/21/09 SHELL FLEET PLUS $ 86.74 01 72095 FIRE DEPT TRAVEL EXPENSES
118240 7/7/09 SO. BAY REGIONAL PUBLIC SFTY TRNG CONSORTIUM $ 175.00 01 64030 POLICE DEPT STAFF TRAVEL/TRAINING EXPENSES
118241 7/7/09 STAYBRIDGE SUITES $ 1,415.00 01 64030 POLICE DEPT STAFF TRAVEL/TRAINING EXPENSES
118237 7/7/09 STEVE RANA $ 145.70 01 74054 REIMBURSEMENT FOR EQUIPMENT/SUPPLIES
118249 7/7/09 SUNSET CULTURAL CTR. INC. $ 170,000.00 01 80900 QTR ENDING 9/30/09 ENABLING GRANT
118315 7/21/09 TARGETSAFETY $ 1,245.00 01 72053
FIRE DEPT ANNUAL USER LICENSE & SUBSCRIPTION FEE-RISK MGT PROGRAM
118248 7/7/09 THE WRITERS, AUTHORS, IDEA FESTIVAL $ 150.00 01 33405 REIMBURSEMENT FOR PLANNING PERMITS
118283 7/14/09 THOMSON WEST $ 768.58 01 61034 DOCUMENTS/PUBLICATIONS
118243 7/7/09 TRACNET CORPORATION $ 12,000.00 01 74053 POLICE DEPT CONTRACTUAL SERVICES
118242 7/7/09 TRANSPORTATION AGENCY $ 1,398.00 01 60033 FY 2009/10 ANNUAL MBRSHIP FEES
118244 7/7/09 TRISTAR RISK MANAGEMENT $ 1,900.00 01 67424 ADMIN FEES FOR WORKERS COMP SELF-FUNDED CLAIMS
118245 7/7/09 TRUCKSIS ENTERPRISES,INC. $ 300.00 01 69055 COMMUNITY ACTIVITIES
118284 7/14/09 VAPOR CLEANERS INC $ 21.50 01 74050 OUTSIDE LABOR
118246 7/7/09 VASILOVICH RESIDENTIAL PLNG & DESIGN $ 552.50 50 24050 VOLUME STUDIES
118247 7/7/09 VERIZON WIRELESS $ 34.51 01 60036 TELEPHONE
118247 7/7/09 VERIZON WIRELESS $ 53.87 01 64036 TELEPHONE
----Vendor Total---- $ 88.38
118316 7/21/09 WASSON'S CLEANING SVCS. $ 1,000.23 01 74053 CONTRACTUAL SERVICES
118285 7/14/09 WELLS FARGO (CREDIT CARD) $ 82.90 01 70045 MATERIAL/SUPPLIES
118285 7/14/09 WELLS FARGO (CREDIT CARD) $ 607.18 01 82055 COMMUNITY ACTIVITIES
118317 7/21/09 WELLS FARGO (CREDIT CARD) $ 320.58 01 72600 EMERGENCY RESPONSE TRAINING
118317 7/21/09 WELLS FARGO (CREDIT CARD) $ 71.99 01 74050 OUTSIDE LABOR
118318 7/21/09 WELLS FARGO (CREDIT CARD) $ 35.00 01 78045 MATERIAL/SUPPLIES
----Vendor Total---- $ 1,117.65
118286 7/14/09 WIDEBAND CORPORATION $ 1,995.00 01 65045 INFORMATION SYSTEM DEPT MATERIALS/SUPPLIES
113 Checks Total: $672,420.82
CITY COUNCIL: Resolution Approving Lease Agreement with National Parking & Valet for City Parking Lots Management
Meeting Date: July 7, 2009
Prepared by: Joyce Giuffre, Admin Svcs Director
City Council
Agenda Item Summary
Name: Consideration of a Resolution approving a lease agreement with National Parking and Valet for the management of City parking lots for the period July 1, 2009 through June 30, 2012.
Description: The City’s current lease agreement with National Parking and Valet is for the management of the parking lot located on the north lot of Sunset Center and the tour bus parking lot located at the corner of Ocean Avenue and Junipero. The original lease agreement commenced on January 1, 2005 and was extended through June 30, 2009.
The new lease agreement calls for a 36-month term commencing on July 1, 2009 and ending on June 30, 2012. The new agreement increases the City’s percentage of gross parking revenues. The City now retains 65% of the gross parking revenues. Based on the new agreement, the percentage will increase to 68.5%, effective July 1, 2009.
Overall Cost: City Funds: Estimate of $45,000-$65,000 per fiscal year (National Valet’s portion of parking revenues)
Staff Recommendation: Approve the new lease agreement with National Parking and Valet for the period July 1, 2009 through June 30, 2012.
Important Considerations: National Valet has effectively managed the Sunset Center north parking lot and tour bus parking areas for several years. The new agreement allows for a larger percentage of parking revenues to be retained by the City, which should result in an estimated revenue increase to the City of approximately $6,000 - $8,000 per year.
Decision Record: The current lease agreement was approved with Resolution 2006-25, dated June 6, 2006.
Reviewed by:
______________________________ _________________
Rich Guillen, City Administrator Date
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2009 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA APPROVING A LEASE AGREEMENT WITH NATIONAL PARKING AND VALET FOR THE MANAGEMENT OF CITY PARKING LOTS FOR THE PERIOD JULY 1, 2009 THROUGH JUNE 30, 2012
WHEREAS, the City of Carmel-by-the-Sea has a lease agreement with National Parking and Valet for the management of the parking lot located on the north lot of Sunset Center and the tour bus parking lot located at the corner of Ocean Avenue and Junipero; and
WHEREAS, the current lease agreement will expire on June 30, 2009; and
WHEREAS, National Parking and Valet has demonstrated that it has the necessary expertise and experience to monitor the operation and maintenance of the parking kiosks; and
WHEREAS, the City Council desires to extend the lease agreement through June 30, 2012, and increase the percentage of parking revenues retained by the City from 65% to 68.5%.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES:
1. Authorize the City Administrator to execute on behalf of the City the attached lease agreement with National Parking and Valet for the period July 1, 2009 through June 30, 2012.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 7th day of July 2009, by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
SIGNED:
_______________________
SUE McCLOUD, MAYOR
ATTEST:
_____________________
Heidi Burch, City Clerk
LEASE AGREEMENT BETWEEN THE CITY OF CARMEL-BY-THE-SEA AND NATIONAL PARKING AND VALET
This Lease, executed at Carmel-by-the-Sea, California this 1st day of July 2009 by and between the City of Carmel-by-the-Sea (hereinafter referred to as “LESSOR”) and NATIONAL PARKING AND VALET, a division of Pacific Parking & Valet, LLC (hereinafter referred to as “LESSEE”), supersedes all previous agreements between the parties with respect to Premises described herein.
IT IS AGREED between the parties hereto as follows:
1. Description of Premises.
1.1 LESSOR hereby leases to LESSEE, and LESSEE hires from LESSOR, under the terms and conditions hereinafter set forth, those certain improvements located on those certain parcels of land situated in the City of Carmel-by-the-Sea and commonly described as the parking lot located on the north lot of Sunset Center and the tour bus parking lot located at the corner of Ocean Avenue and Junipero Street, Carmel-by-the-Sea, Monterey County, California (hereafter “Premises”).
2. Term.
2.1 The term of this Lease shall be for thirty six (36) months, commencing on July 1, 2009 and ending on June 30, 2012.
3. Compensation.
3.1 LESSEE shall pay to LESSOR sixty-eight and ½ percent (68.5%) of the Gross Revenue as defined herein below. In addition, LESSEE shall pay to LESSOR the sum of $1,000 as set forth in 4.6 of this Agreement. Gross Revenue as referred to above is defined to include, but not be limited to, total receipts from parking collections prior to the payment of local taxes including any possessory use tax, permit and licensing fees, and utilities. Gross Receipts shall exclude parking citation revenues collected by the LESSOR, federal and state income tax, and parking machine parts and maintenance.
3.2 LESSEE acknowledges that the late payment by LESSEE of any rentals due hereunder will cause LESSOR to incur certain cost and expenses not contemplated under this Lease, the exact amount of which will be extremely difficult or impractical to ascertain. Such costs and expenses include, without limitation, administrative and collection costs and processing and accounting expenses. Accordingly, if any rental payment hereunder is not received by LESSOR from LESSEE within ten (10) days from the date it becomes due, LESSEE shall immediately pay to LESSOR, without prior notice or demand, a late charge of five percent (5%) of the then-gross monthly rental. LESSOR and LESSEE agree that this late charge represents a reasonable estimate of such costs and expenses and is fair compensation to LESSOR for its losses sustained by reason of LESSEE’s failure to make timely payment. In no event shall this provision for the payment of a late charge be deemed to grant to LESSEE a grace period or extension of time within which to pay any rental due hereunder or prevent LESSOR from exercising any right or remedy available to LESSOR upon LESSEE’s failure to pay such rental when due, including the right to terminate this Lease.
3.3 Payments are due to the LESSOR by the 10th of the month for the prior month’s receipts. If any rental remains delinquent for a period in excess of thirty (30) days, then, in addition to the late charge provided hereinabove, LESSEE shall pay to LESSOR interest on any rental that is not paid when due at the lesser of eighteen percent (18%) per annum or the maximum interest rate permitted by law (the “Default Rate”), from the thirtieth (30th) day following the date such amount became due, until paid.
4. Use.
4.1 The Premises shall be used only for the commercial parking of motor vehicles, and for purposes incidental thereto. Premises shall be operated between the hours (8:00 a.m. to 6:00 p.m.), or as negotiated with LESSOR. At all other times LESSOR has exclusive use of the Premises. LESSEE agrees to have an attendant available at the lot for daytime Monterey Symphony events, to assist the public with using the parking ticket machines to minimize delays due to user or machine errors. The attendant shall be available for the period of a minimum of one and one-half hours (one hour prior to event through 30 minutes after the event begins for late
arrivals). LESSEE has the responsibility of obtaining a calendar from the Sunset Center so that attendants can be scheduled accordingly.
4.2 LESSEE may operate and make available special event parking, overnight parking, tour bus and/or hostelry valet guest programs from time to time during the term of
this Lease and any extension or renewal thereof. LESSEE shall notify the Carmel-by-the-Sea in advance of any said usages. All revenues generated from such overnight parking programs shall be included in the monthly gross revenue referred to in Section 3.1 hereof.
4.3 LESSEE shall not use or permit the Premises or any part thereof to be used for
any purpose or purposes other than those for which the Premises are hereby leased.
4.4 From time to time, LESSEE may exercise the right to use Premises for afterhours
special events/hospitality purposes for its customers, conditioned upon such use not
conflicting with any of the terms of this Lease.
4.5 In the event of an act of God or a major emergency/disaster which renders
Premises not useable by LESSEE, or requires LESSOR to use Premises for its emergency purposes, all of LESSEE’s obligations hereunder shall cease during LESSOR’s emergency
use and the term of this Lease will be extended for the same period of time LESSEE is unable to use Premises.
4.6 LESSEE shall be permitted to operate the back half of the Sunset Center North Parking Lot from Thursday through Sunday of the AT&T National Pro AM Golf Tournament for a private client. LESSEE will pay LESSOR $1,000 for usage of lot during this time. The front half of the lot will remain open for the general public.
5. Taxes.
5.1 LESSOR shall pay all real estate and/or personal property taxes on the Premises. LESSEE shall pay for permits, fees and a City of Carmel-by-the-Sea business license.
5.2 LESSEE shall pay the Monterey County Possessory Use Tax as assessed by the County of Monterey.
6. Repairs and Maintenance, Utilities.
6.1 LESSEE shall, during the term of this Lease and any renewal or extension hereof, at its sole expense, maintain the Premises in a clean, orderly and good condition, reasonable wear and tear excepted. LESSEE shall not commit or suffer to be committed any waste or any nuisance upon the Premises. LESSEE shall not knowingly commit or willingly permit to occur or be committed any act or thing contrary to the laws and regulations prescribed from time to time by any federal, state or municipal authority. LESSEE shall pay, or cause to be paid, all charges for water, sewer, gas, electricity, light, heat, power, telephone and other utility service used or supplied upon or in connection with the Premises, and all charges for licenses and permits necessary for use of the Premises for the purposes authorized herein. LESSEE shall not permit the accumulation of any rubbish, dirt or refuse on the Premises or on the streets, pathways, sidewalks, planters, curbs or alleys (Mission Street, Eighth Avenue, San Carlos Street and Sunset Center ramp) adjoining the Premises and shall promptly remove all such material.
6.2 LESSEE accepts the Premises as being in good and sanitary order, condition and repair, and shall surrender unto LESSOR Premises in clean and good condition,
reasonable use and wear thereof excepted, upon the termination of this Lease. LESSEE shall provide and pay for ongoing maintenance of landscaping ensuring the natural growth characteristic of same, including the continued watering and maintenance of landscaping and planters for the term of this Lease. LESSOR shall be responsible for maintenance and repair of light poles/lights, electricity and on or by the premises, asphalt damage, and plumbing located on or related to use.
6.3 LESSEE is responsible for obtaining parts and making minor repairs to the parking ticket machines. LESSEE agrees to respond and send an attendant to the lot within 30 minutes of being notified of a parking ticket machine malfunction (as signaled by a red light on the parking ticket machine). LESSOR is responsible for the hardware and software repairs and/or upgrades for the parking ticket machines.
7. Improvements.
7.1 LESSEE shall have the right, from time to time, to make such alterations and improvements to the Premises as shall be reasonably necessary or appropriate in LESSEE’s judgment for LESSEE’s use of the Premises as provided herein, subject to LESSEE’s first obtaining LESSOR’s approval of plans therefore, which consent and approval shall not be unreasonably withheld. All such alterations and improvements shall be deemed to be part of Premises herein described and shall remain upon Premises at the sole discretion of LESSOR, and become the property of LESSOR upon the termination of this Lease or any extension or renewal thereof.
8. Indemnity.
8.1 LESSEE hereby agrees to indemnify, defend and hold LESSOR and its public officials, officers and employees, harmless from and against all liabilities, losses, costs and expenses incurred by LESSOR and claims made against LESSOR for injury or death to persons or damage to property of whatsoever kind or nature (including, without limitation, reasonable attorney’s fees and costs) which are in any way connected with LESSEE’s use or occupancy of Premises or the streets, sidewalks and alleys adjacent thereto.
9. Compliance with the Law.
9.1 LESSEE shall, at its sole cost and expense, comply with all requirements of municipal, state and federal authorities now, or which may hereafter be, in force pertaining to LESSEE’s use or occupancy of the Premises, or LESSOR’s ownership thereof. The judgment of any court of competent, jurisdiction or the admission of LESSEE in any action or proceeding against LESSEE, whether LESSOR be a party thereto or not, that LESSEE has violated any such ordinance regulation or statute in its use or occupancy of the Premises and adjacent areas shall be conclusive of that fact as between LESSOR and LESSEE.
10. Insurance.
10.1 LESSOR shall provide at its own expense and maintain in effect throughout the term of this Agreement a policy or policies of insurance with the following minimum limits of liability:
a. Commercial general liability, including but not limited to premises, personal
injuries, death, products, and completed operations, with a combined single limit of liability of not less than $1,000,000 per occurrence and not less than $2,000,000 general aggregates, and
b. LESSEE shall maintain workers compensation insurance in accordance with the California Labor Code with a minimum of $1,000,000 per occurrence for employer liability. All insurance required by this Agreement shall be with a company acceptable to LESSOR and authorized by law to conduct insurance business in the State of California. All such insurance shall be written on an occurrence basis, or, if the policy is not written on an occurrence basis, such policy with the coverage required herein shall continue in effect for a period of two (2) years. Each insurance policy shall provide an endorsement naming CITY, its officers, agents, employees and volunteers as Additional Insured and shall further provide that such insurance is primary insurance to any insurance or self-insurance maintained by CITY and that the insurance of the Additional Insured shall not be called upon to contribute to a loss covered by the insurance CITY. Each insurance policy shall provide that LESSOR shall be given notice in writing at least thirty (30) days in advance of any change, cancellation or non-renewal thereof. Said policy shall provide identical coverage for each subcontractor, if any, performing work under this Agreement, or be accompanied by a certificate of insurance showing each subcontractor has identical coverage. As a condition precedent to LESSOR performance pursuant to this Agreement, LESSEE shall file with a certificate of insurance with the City Risk Management Officer, on or before July 1, 2009, showing that they have in effect the insurance required by this Agreement. LESSEE shall file a new or amended certificate of insurance promptly after any change is made to any insurance policy, which would alter the information on the certificate then on file.
10.2 For all times during the term of this Lease and any extension or renewal hereof, LESSEE shall procure and maintain, at LESSEE’s sole expense, fire and extended coverage, vandalism and malicious mischief and all-risk insurance coverage for its own personal property and leasehold improvements. LESSEE shall submit to LESSOR certificates evincing the insurance required hereunder, which certificates shall name LESSOR and its public officials, officers and employees as additional insureds as its interests may appear and shall contain a written obligation on the part of the insurance carrier (s) named therein requiring that carrier shall notify LESSOR in writing thirty (30) days prior to any cancellation, modification, or nonrenewal thereof for any cause or reason whatsoever.
11. Default and Remedies.
11.1 The occurrence of any one or more of the following events shall constitute a material default and breach of this Lease by LESSEE:
a. The vacating or abandonment of Premises by LESSEE.
b. The failure by LESSEE to make any payment of rent or any other payment required to by made by LESSEE hereunder, as and when due, where such failure shall continue for a period of three (3) days after written notice thereof from LESSSOR to LESSEE. In the event that LESSOR serves LESSEE with a Notice to Pay Rent or Quit pursuant to applicable unlawful detainer statues, such Notice to Pay Rent or Quit shall also constitute the notice required by this subparagraph.
c. The failure by LESSEE to observe or perform any of the covenants, conditions or provisions of this Lease to be observed or performed by LESSEE, other than described in subparagraph b. above, where such failure shall continue for a period of thirty (30) days after written notice thereof from LESSOR to LESSEE; provided, however, that if the nature of LESSEE’s default is such that more than thirty (30) days is
reasonably required for its cure, then LESSEE shall not be deemed to be in default if LESSEE commences such cure within said thirty-(30)-day period and thereafter diligently prosecutes such cure to completion.
12. No Waiver Implied.
12.1 The continuation by LESSOR of the tenancy of the LESSEE following a breach of the terms hereof by LESSEE shall in no event be considered a waiver by LESSOR of any subsequent breach by LESSEE or of the benefits of any of the provisions thereof or in any way subject LESSOR to legal disability.
13. Eminent Domain.
13.1 If any part of the premises shall be taken or condemned for a public or quasipublic use, and a part thereof remains which is susceptible of occupation hereunder, LESSOR shall have the sole option to terminate this Lease as pertaining to the entire Premises as of the date when title to the part so condemned vests in the condemnor, but this Lease shall as to the parts so take, continue in full force and effect except that the rent payable hereunder shall be adjusted so that LESSEE shall be required to pay for the remainder of the term only such portion of such rent as the value of the part remaining after condemnation bears to the value of the entire Premises at the date of condemnation. If the entire Premises is taken or condemned, or if such part thereof be taken or condemned which renders, in the reasonable judgment of both LESSOR and LESSEE, that portion of the Premises remaining unusable for the uses herein described, this Lease shall terminate upon such taking or condemnation, if a part or all of the premises be taken or condemned, all compensation to be awarded upon such condemnation or taking shall be paid to LESSOR
14. Audit.
14.1 On July 1 of each year during the term of this Lease or any renewal or extension hereof, a representative from LESSOR and a representative from LESSEE shall meet for an audit and review of the parking operation at the request of LESSOR. Any adjustments to the monthly rental shall be paid within thirty (30) days from the completion of the audit.
14.2 In addition, within ten (10) days after the end of each Lease-year, commencing with July 1, 2009 and ending with the tenth (10th) day of the month following the last month of the Lease term, LESSEE shall furnish LESSOR with a statement to be certified as correct by LESSEE or the employee of LESSEE authorized so to certify, which sets forth LESSEE’s gross parking revenue for the year just concluded. With each annual statement, LESSEE shall pay to LESSOR the amount of any additional percentage rent which is payable to LESSOR, considering any installments of percentage rent paid by LESSEE to LESSOR during the previous Lease-year or partial Lease-year, as appropriate. If the annual statement shows that during the previous Lease-year, LESSEE paid more percentage rent than it was obligated to pay under the terms of this Lease, the amount of such overpayment shall be applied to the next installment or installments of minimum rent due or, if such overpayment was in the last year of the Lease term, LESSOR shall refund to LESSEE the full amount of
such overpayment within thirty (30) days of LESSOR’s receipt of the statement. Once with respect to each Lease-Year, and within three (3) years after its end, whether
during or after the term of this Lease, LESSOR may cause an audit of LESSEE’s business by an independent accountant of LESSOR’s own selection, and if LESSEE’s annual statement for such Lease-year is found to be more than two percent (2%) less than the amount of LESSEE’s actual gross parking revenue for the period covered by such statement, LESSEE shall immediately pay the cost of such audit as well as any additional percentage rent shown to be payable by LESSEE, together with interest thereon from the original due date at the default rate specified in Paragraph 12 hereof; otherwise, the cost of such an audit shall be paid by LESSOR. If LESSEE fails to provide to LESSOR any annual statements at the time and in the manner herein specified, such failure shall constitute a default under this Lease and LESSOR shall have the right, in addition to any other rights or remedies it might have hereunder: 1) to require LESSEE to pay an administrative fee of five percent (5%) of the minimum monthly rent set forth in Paragraph 3 hereof for each such default: and 2) to conduct an audit to determine such revenues, and LESSEE shall immediately reimburse LESSOR for the cost of such audit upon written demand by LESSOR. If any annual statement is found to be more than six percent (6%) less than the amount of LESSEE’s gross revenue shown by such audit, such understatement shall be deemed willful and LESSOR may terminate this Lease upon written notice given at any time within thirty (30) days after receipt of the audit by LESSOR. If at any time LESSEE causes an audit of LESSEE’s business at Premises to be made by an independent accountant, LESSEE shall furnish LESSOR a copy of the report of such audit at no cost to LESSOR within ten (10) days from LESSEE’s receipt of such audit report.
14.3 The acceptance by LESSOR of any monies paid to LESSOR by LESSEE as percentage rent for Premises as shown by any annual statement furnished by LESSEE shall not be an admission of the accuracy of such statement, or of the sufficiency of the amount of percentage rent payments, but LESSOR shall be entitled at any time within three (3) years from the end of the Lease-year for which any such percentage rent payments have been made to question the sufficiency of the amount paid and/or the accuracy of the statement or statements furnished by LESSEE to justify the amount. LESSEE shall, for each period of three (3) years, including the three (3) years, following the end of the term of this Lease, keep safe and intact all of the records, books, and accounts relevant to the gross parking revenue generated on Premises and shall, upon request, make such records available to LESSOR, LESSOR’s auditor, representative or agent for examination at any reasonable time during such period.
14.4 LESSEE shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Agreement; the accounting and control systems shall be satisfactory to LESSOR. LESSOR and LESSOR’s auditor shall be afforded access to LESSEE’s records, books, correspondence and other data relating to this Agreement. LESSEE shall preserve these records, books, correspondence and other data relating to this Agreement for a period of three (3) years after final payment, or for such longer period as may be required by law. In addition, LESSEE agrees to make said records, books, correspondence and other data relating to this Agreement available to LESSOR as LESSOR’s principal place of business upon 72 hours written notice.
15. Rates, Distribution, Stall Count.
15.1 Specifications and rates, Sunset Center Parking Summary (all subject to review, change and approval by Resolution of LESSOR’s City Council):
Stall Count:
Standard (9 x 18) 71
Compact (8 x 16) 64
Distribution of Stalls:
Monthly Permits __Approx 70
Transient __Approx 65
Rates:
Monthly $ ___60___ / month
Transient $ ___3.00__/ hour
($20.00 daily maximum)
Sunset Center Special Events No charge after 5 p.m.
16. LESSOR’s Access.
16.1 LESSOR and LESSOR’s agents shall have the right to enter Premises at reasonable times for the purpose of inspecting the same, showing the same to prospective
purchasers, lenders or lessees, and make such alterations, repairs, improvements or additions to Premises as LESSOR may deem necessary or desirable. During the last one hundred and twenty (120) days of the term of this Lease, LESSOR may, at any time, place on or about Premises any ordinary “For Lease” signs, all without rebate of rent to LESSEE or liability to LESSOR.
17. Assignment and Subletting.
17.1 In consideration for the favorable rental and lease terms and conditions, this
Lease is personal to LESSEE and as such LESSEE shall not sell, transfer, assign, mortgage or hypothecate this Lease, or any interest in this Lease, nor permit the use of Premises by any person or persons other than LESSEE, nor sublet Premises or any part thereof. However, in the event that LESSEE desires to sell, transfer, assign, sublet, mortgage or hypothecate this Lease or any interest therein, the parties hereto agree that it shall be reasonable for LESSOR’s consent thereto, if any, to be predicated, in part, upon the financial and professional qualifications of the proposed successor in interest as well as the proposed successor’s willingness to pay additional rent in an amount then designated by LESSOR to be the then-fair market rental for similar space in the vicinity of Premises and it shall be
reasonable that such consent shall be subject to a document preparation fee of not less than one thousand dollars ($1,000). Consent to any of the aforementioned acts shall not operate as a waiver of LESSOR’s right to terminate this Lease in the event of a sale, transfer, assignment or sublease of Premises.
18. Hold-Over Tenant.
18.1 It is covenanted that there shall be no renewal of this Lease, except upon
execution of a written agreement, and the fact that LESSEE may continue in possession of Premises without the written consent of LESSOR, shall not operate to renew this Lease. If LESSEE should hold over after the expiration of the term hereof without the written consent of LESSOR, LESSEE shall be deemed to be a tenant at sufferance. This provision for holdover tenancy is not to be construed as limiting the rights or remedies otherwise available to LESSOR to remove LESSEE, or to limit the rights of LESSOR or LESSEE to resolve any dispute relating to rental for any option period. In the event of a holdover, the rent will be the then-current base rent plus five hundred dollars ($500) per month.
19. Capital Improvements.
19.1 Cost and / or installation of any future capital improvements proposed by either party shall be negotiated in good faith at the time of any renewal date of this Lease Agreement.
20. Binding on Successor.
20.1 Subject to the provisions contained in this Lease, the covenants and conditions
of each party herein specified shall apply to and bind the heirs, executors, administrators and successors of such party.
21. Notices.
21.1 All notices to be given to LESSEE or LESSOR shall be made in writing and
shall be deemed delivered upon receipt either personally or by registered or certified mail addressed as follows:
LESSEE LESSOR:
Pacific Parking and Valet, LLC City of Carmel-by-the-Sea
dba National Parking and Valet Attn: Rich Guillen
578 A. Houston Street Box CC
Monterey, CA 93940 Carmel-by-the-Sea, CA 93921
22. Attorney’s Fees.
22.1 If either party hereto should bring any suit against the other party hereto
(formal judicial proceeding, mediation or arbitration), for the breach of any term, covenant, condition or obligation herein contained to be kept by such other party for the recovery of any sum due hereunder, or to recover possession of Premises, or for any summary action for forfeiture of this Lease or to prevent further violations of any of its terms, covenants, conditions, or obligations, or for any other relief then, and in that event, the case shall be handled in Monterey County, California, and the prevailing party in such suit or summary action shall be entitled to a reasonable attorney’s fee to be fixed by the judge, mediator or arbitrator hearing the case and such fee shall be included in the judgment, together with all costs.
23. Governing Law.
23.1 This Lease shall be governed by the laws of the State of California.
24. Agreement Contains All Understandings; Amendment.
24.1 This document represents the entire and integrated Agreement between LESSOR and LESSEE and supersedes all prior negotiations, representations, and agreements, either written or oral.
25. Hazardous Materials
25.1 For the purposes of this Agreement, a “hazardous material” is defined to mean any substance, material or waste, including asbestos and petroleum (including crude oil or any fraction thereof), which is or becomes designated, classified or regulated as being “toxic,” “hazardous,” a “pollutant” or similar designation under any federal, state or local
law, regulation or ordinance.
25.2 LESSEE shall not bring onto, or install, or permit to be brought onto or installed on the Premises any hazardous materials as defined in article 25.1 above.
25.3 LESSEE agrees to indemnify, defend and hold LESSOR harmless from and against all liabilities, claims, actions, damages, costs and expenses or loss arising out of or resulting from the presence of any hazardous material brought or installed or permitted to be brought or installed by LESSEE upon the demised premises.
26. Compliance with Laws, Ordinances, Regulations, Etc.
26.1 LESSEE shall comply with all laws, ordinances, regulations, covenants,
conditions and restrictions now or hereafter affecting the Premises or any part thereof or requiring any alterations or improvements, including without limitation: (a) all Hazardous Materials Laws; (b) the Americans with Disabilities Act, Public Law 101-336 (the “ADA”); (c) shall not commit or permit any waste or deterioration of the Premises or the improvements; (d) shall not allow changes in the use for which all or any part of the Premises or the improvements were intended; (e) and shall not initiate or acquiesce in a change in the zoning classification of the Premises or the improvements without prior consent of LESSOR.
IN WITNESS WHEREOF, the parties hereto have set their hands this _____day of
______________, 200 ___.
LESSOR: LESSEE:
CITY OF CARMEL-BY-THE-SEA NATIONAL PARKING & VALET, a
division of PACIFIC PARKING &
VALET, LLC
__________________________ ____________________________
Rich Guillen Steven E. Summers
City Administrator Managing Operating Partner
Prepared by: Joyce Giuffre, Admin Svcs Director
City Council
Agenda Item Summary
Name: Consideration of a Resolution approving a lease agreement with National Parking and Valet for the management of City parking lots for the period July 1, 2009 through June 30, 2012.
Description: The City’s current lease agreement with National Parking and Valet is for the management of the parking lot located on the north lot of Sunset Center and the tour bus parking lot located at the corner of Ocean Avenue and Junipero. The original lease agreement commenced on January 1, 2005 and was extended through June 30, 2009.
The new lease agreement calls for a 36-month term commencing on July 1, 2009 and ending on June 30, 2012. The new agreement increases the City’s percentage of gross parking revenues. The City now retains 65% of the gross parking revenues. Based on the new agreement, the percentage will increase to 68.5%, effective July 1, 2009.
Overall Cost: City Funds: Estimate of $45,000-$65,000 per fiscal year (National Valet’s portion of parking revenues)
Staff Recommendation: Approve the new lease agreement with National Parking and Valet for the period July 1, 2009 through June 30, 2012.
Important Considerations: National Valet has effectively managed the Sunset Center north parking lot and tour bus parking areas for several years. The new agreement allows for a larger percentage of parking revenues to be retained by the City, which should result in an estimated revenue increase to the City of approximately $6,000 - $8,000 per year.
Decision Record: The current lease agreement was approved with Resolution 2006-25, dated June 6, 2006.
Reviewed by:
______________________________ _________________
Rich Guillen, City Administrator Date
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2009 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA APPROVING A LEASE AGREEMENT WITH NATIONAL PARKING AND VALET FOR THE MANAGEMENT OF CITY PARKING LOTS FOR THE PERIOD JULY 1, 2009 THROUGH JUNE 30, 2012
WHEREAS, the City of Carmel-by-the-Sea has a lease agreement with National Parking and Valet for the management of the parking lot located on the north lot of Sunset Center and the tour bus parking lot located at the corner of Ocean Avenue and Junipero; and
WHEREAS, the current lease agreement will expire on June 30, 2009; and
WHEREAS, National Parking and Valet has demonstrated that it has the necessary expertise and experience to monitor the operation and maintenance of the parking kiosks; and
WHEREAS, the City Council desires to extend the lease agreement through June 30, 2012, and increase the percentage of parking revenues retained by the City from 65% to 68.5%.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES:
1. Authorize the City Administrator to execute on behalf of the City the attached lease agreement with National Parking and Valet for the period July 1, 2009 through June 30, 2012.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 7th day of July 2009, by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
SIGNED:
_______________________
SUE McCLOUD, MAYOR
ATTEST:
_____________________
Heidi Burch, City Clerk
LEASE AGREEMENT BETWEEN THE CITY OF CARMEL-BY-THE-SEA AND NATIONAL PARKING AND VALET
This Lease, executed at Carmel-by-the-Sea, California this 1st day of July 2009 by and between the City of Carmel-by-the-Sea (hereinafter referred to as “LESSOR”) and NATIONAL PARKING AND VALET, a division of Pacific Parking & Valet, LLC (hereinafter referred to as “LESSEE”), supersedes all previous agreements between the parties with respect to Premises described herein.
IT IS AGREED between the parties hereto as follows:
1. Description of Premises.
1.1 LESSOR hereby leases to LESSEE, and LESSEE hires from LESSOR, under the terms and conditions hereinafter set forth, those certain improvements located on those certain parcels of land situated in the City of Carmel-by-the-Sea and commonly described as the parking lot located on the north lot of Sunset Center and the tour bus parking lot located at the corner of Ocean Avenue and Junipero Street, Carmel-by-the-Sea, Monterey County, California (hereafter “Premises”).
2. Term.
2.1 The term of this Lease shall be for thirty six (36) months, commencing on July 1, 2009 and ending on June 30, 2012.
3. Compensation.
3.1 LESSEE shall pay to LESSOR sixty-eight and ½ percent (68.5%) of the Gross Revenue as defined herein below. In addition, LESSEE shall pay to LESSOR the sum of $1,000 as set forth in 4.6 of this Agreement. Gross Revenue as referred to above is defined to include, but not be limited to, total receipts from parking collections prior to the payment of local taxes including any possessory use tax, permit and licensing fees, and utilities. Gross Receipts shall exclude parking citation revenues collected by the LESSOR, federal and state income tax, and parking machine parts and maintenance.
3.2 LESSEE acknowledges that the late payment by LESSEE of any rentals due hereunder will cause LESSOR to incur certain cost and expenses not contemplated under this Lease, the exact amount of which will be extremely difficult or impractical to ascertain. Such costs and expenses include, without limitation, administrative and collection costs and processing and accounting expenses. Accordingly, if any rental payment hereunder is not received by LESSOR from LESSEE within ten (10) days from the date it becomes due, LESSEE shall immediately pay to LESSOR, without prior notice or demand, a late charge of five percent (5%) of the then-gross monthly rental. LESSOR and LESSEE agree that this late charge represents a reasonable estimate of such costs and expenses and is fair compensation to LESSOR for its losses sustained by reason of LESSEE’s failure to make timely payment. In no event shall this provision for the payment of a late charge be deemed to grant to LESSEE a grace period or extension of time within which to pay any rental due hereunder or prevent LESSOR from exercising any right or remedy available to LESSOR upon LESSEE’s failure to pay such rental when due, including the right to terminate this Lease.
3.3 Payments are due to the LESSOR by the 10th of the month for the prior month’s receipts. If any rental remains delinquent for a period in excess of thirty (30) days, then, in addition to the late charge provided hereinabove, LESSEE shall pay to LESSOR interest on any rental that is not paid when due at the lesser of eighteen percent (18%) per annum or the maximum interest rate permitted by law (the “Default Rate”), from the thirtieth (30th) day following the date such amount became due, until paid.
4. Use.
4.1 The Premises shall be used only for the commercial parking of motor vehicles, and for purposes incidental thereto. Premises shall be operated between the hours (8:00 a.m. to 6:00 p.m.), or as negotiated with LESSOR. At all other times LESSOR has exclusive use of the Premises. LESSEE agrees to have an attendant available at the lot for daytime Monterey Symphony events, to assist the public with using the parking ticket machines to minimize delays due to user or machine errors. The attendant shall be available for the period of a minimum of one and one-half hours (one hour prior to event through 30 minutes after the event begins for late
arrivals). LESSEE has the responsibility of obtaining a calendar from the Sunset Center so that attendants can be scheduled accordingly.
4.2 LESSEE may operate and make available special event parking, overnight parking, tour bus and/or hostelry valet guest programs from time to time during the term of
this Lease and any extension or renewal thereof. LESSEE shall notify the Carmel-by-the-Sea in advance of any said usages. All revenues generated from such overnight parking programs shall be included in the monthly gross revenue referred to in Section 3.1 hereof.
4.3 LESSEE shall not use or permit the Premises or any part thereof to be used for
any purpose or purposes other than those for which the Premises are hereby leased.
4.4 From time to time, LESSEE may exercise the right to use Premises for afterhours
special events/hospitality purposes for its customers, conditioned upon such use not
conflicting with any of the terms of this Lease.
4.5 In the event of an act of God or a major emergency/disaster which renders
Premises not useable by LESSEE, or requires LESSOR to use Premises for its emergency purposes, all of LESSEE’s obligations hereunder shall cease during LESSOR’s emergency
use and the term of this Lease will be extended for the same period of time LESSEE is unable to use Premises.
4.6 LESSEE shall be permitted to operate the back half of the Sunset Center North Parking Lot from Thursday through Sunday of the AT&T National Pro AM Golf Tournament for a private client. LESSEE will pay LESSOR $1,000 for usage of lot during this time. The front half of the lot will remain open for the general public.
5. Taxes.
5.1 LESSOR shall pay all real estate and/or personal property taxes on the Premises. LESSEE shall pay for permits, fees and a City of Carmel-by-the-Sea business license.
5.2 LESSEE shall pay the Monterey County Possessory Use Tax as assessed by the County of Monterey.
6. Repairs and Maintenance, Utilities.
6.1 LESSEE shall, during the term of this Lease and any renewal or extension hereof, at its sole expense, maintain the Premises in a clean, orderly and good condition, reasonable wear and tear excepted. LESSEE shall not commit or suffer to be committed any waste or any nuisance upon the Premises. LESSEE shall not knowingly commit or willingly permit to occur or be committed any act or thing contrary to the laws and regulations prescribed from time to time by any federal, state or municipal authority. LESSEE shall pay, or cause to be paid, all charges for water, sewer, gas, electricity, light, heat, power, telephone and other utility service used or supplied upon or in connection with the Premises, and all charges for licenses and permits necessary for use of the Premises for the purposes authorized herein. LESSEE shall not permit the accumulation of any rubbish, dirt or refuse on the Premises or on the streets, pathways, sidewalks, planters, curbs or alleys (Mission Street, Eighth Avenue, San Carlos Street and Sunset Center ramp) adjoining the Premises and shall promptly remove all such material.
6.2 LESSEE accepts the Premises as being in good and sanitary order, condition and repair, and shall surrender unto LESSOR Premises in clean and good condition,
reasonable use and wear thereof excepted, upon the termination of this Lease. LESSEE shall provide and pay for ongoing maintenance of landscaping ensuring the natural growth characteristic of same, including the continued watering and maintenance of landscaping and planters for the term of this Lease. LESSOR shall be responsible for maintenance and repair of light poles/lights, electricity and on or by the premises, asphalt damage, and plumbing located on or related to use.
6.3 LESSEE is responsible for obtaining parts and making minor repairs to the parking ticket machines. LESSEE agrees to respond and send an attendant to the lot within 30 minutes of being notified of a parking ticket machine malfunction (as signaled by a red light on the parking ticket machine). LESSOR is responsible for the hardware and software repairs and/or upgrades for the parking ticket machines.
7. Improvements.
7.1 LESSEE shall have the right, from time to time, to make such alterations and improvements to the Premises as shall be reasonably necessary or appropriate in LESSEE’s judgment for LESSEE’s use of the Premises as provided herein, subject to LESSEE’s first obtaining LESSOR’s approval of plans therefore, which consent and approval shall not be unreasonably withheld. All such alterations and improvements shall be deemed to be part of Premises herein described and shall remain upon Premises at the sole discretion of LESSOR, and become the property of LESSOR upon the termination of this Lease or any extension or renewal thereof.
8. Indemnity.
8.1 LESSEE hereby agrees to indemnify, defend and hold LESSOR and its public officials, officers and employees, harmless from and against all liabilities, losses, costs and expenses incurred by LESSOR and claims made against LESSOR for injury or death to persons or damage to property of whatsoever kind or nature (including, without limitation, reasonable attorney’s fees and costs) which are in any way connected with LESSEE’s use or occupancy of Premises or the streets, sidewalks and alleys adjacent thereto.
9. Compliance with the Law.
9.1 LESSEE shall, at its sole cost and expense, comply with all requirements of municipal, state and federal authorities now, or which may hereafter be, in force pertaining to LESSEE’s use or occupancy of the Premises, or LESSOR’s ownership thereof. The judgment of any court of competent, jurisdiction or the admission of LESSEE in any action or proceeding against LESSEE, whether LESSOR be a party thereto or not, that LESSEE has violated any such ordinance regulation or statute in its use or occupancy of the Premises and adjacent areas shall be conclusive of that fact as between LESSOR and LESSEE.
10. Insurance.
10.1 LESSOR shall provide at its own expense and maintain in effect throughout the term of this Agreement a policy or policies of insurance with the following minimum limits of liability:
a. Commercial general liability, including but not limited to premises, personal
injuries, death, products, and completed operations, with a combined single limit of liability of not less than $1,000,000 per occurrence and not less than $2,000,000 general aggregates, and
b. LESSEE shall maintain workers compensation insurance in accordance with the California Labor Code with a minimum of $1,000,000 per occurrence for employer liability. All insurance required by this Agreement shall be with a company acceptable to LESSOR and authorized by law to conduct insurance business in the State of California. All such insurance shall be written on an occurrence basis, or, if the policy is not written on an occurrence basis, such policy with the coverage required herein shall continue in effect for a period of two (2) years. Each insurance policy shall provide an endorsement naming CITY, its officers, agents, employees and volunteers as Additional Insured and shall further provide that such insurance is primary insurance to any insurance or self-insurance maintained by CITY and that the insurance of the Additional Insured shall not be called upon to contribute to a loss covered by the insurance CITY. Each insurance policy shall provide that LESSOR shall be given notice in writing at least thirty (30) days in advance of any change, cancellation or non-renewal thereof. Said policy shall provide identical coverage for each subcontractor, if any, performing work under this Agreement, or be accompanied by a certificate of insurance showing each subcontractor has identical coverage. As a condition precedent to LESSOR performance pursuant to this Agreement, LESSEE shall file with a certificate of insurance with the City Risk Management Officer, on or before July 1, 2009, showing that they have in effect the insurance required by this Agreement. LESSEE shall file a new or amended certificate of insurance promptly after any change is made to any insurance policy, which would alter the information on the certificate then on file.
10.2 For all times during the term of this Lease and any extension or renewal hereof, LESSEE shall procure and maintain, at LESSEE’s sole expense, fire and extended coverage, vandalism and malicious mischief and all-risk insurance coverage for its own personal property and leasehold improvements. LESSEE shall submit to LESSOR certificates evincing the insurance required hereunder, which certificates shall name LESSOR and its public officials, officers and employees as additional insureds as its interests may appear and shall contain a written obligation on the part of the insurance carrier (s) named therein requiring that carrier shall notify LESSOR in writing thirty (30) days prior to any cancellation, modification, or nonrenewal thereof for any cause or reason whatsoever.
11. Default and Remedies.
11.1 The occurrence of any one or more of the following events shall constitute a material default and breach of this Lease by LESSEE:
a. The vacating or abandonment of Premises by LESSEE.
b. The failure by LESSEE to make any payment of rent or any other payment required to by made by LESSEE hereunder, as and when due, where such failure shall continue for a period of three (3) days after written notice thereof from LESSSOR to LESSEE. In the event that LESSOR serves LESSEE with a Notice to Pay Rent or Quit pursuant to applicable unlawful detainer statues, such Notice to Pay Rent or Quit shall also constitute the notice required by this subparagraph.
c. The failure by LESSEE to observe or perform any of the covenants, conditions or provisions of this Lease to be observed or performed by LESSEE, other than described in subparagraph b. above, where such failure shall continue for a period of thirty (30) days after written notice thereof from LESSOR to LESSEE; provided, however, that if the nature of LESSEE’s default is such that more than thirty (30) days is
reasonably required for its cure, then LESSEE shall not be deemed to be in default if LESSEE commences such cure within said thirty-(30)-day period and thereafter diligently prosecutes such cure to completion.
12. No Waiver Implied.
12.1 The continuation by LESSOR of the tenancy of the LESSEE following a breach of the terms hereof by LESSEE shall in no event be considered a waiver by LESSOR of any subsequent breach by LESSEE or of the benefits of any of the provisions thereof or in any way subject LESSOR to legal disability.
13. Eminent Domain.
13.1 If any part of the premises shall be taken or condemned for a public or quasipublic use, and a part thereof remains which is susceptible of occupation hereunder, LESSOR shall have the sole option to terminate this Lease as pertaining to the entire Premises as of the date when title to the part so condemned vests in the condemnor, but this Lease shall as to the parts so take, continue in full force and effect except that the rent payable hereunder shall be adjusted so that LESSEE shall be required to pay for the remainder of the term only such portion of such rent as the value of the part remaining after condemnation bears to the value of the entire Premises at the date of condemnation. If the entire Premises is taken or condemned, or if such part thereof be taken or condemned which renders, in the reasonable judgment of both LESSOR and LESSEE, that portion of the Premises remaining unusable for the uses herein described, this Lease shall terminate upon such taking or condemnation, if a part or all of the premises be taken or condemned, all compensation to be awarded upon such condemnation or taking shall be paid to LESSOR
14. Audit.
14.1 On July 1 of each year during the term of this Lease or any renewal or extension hereof, a representative from LESSOR and a representative from LESSEE shall meet for an audit and review of the parking operation at the request of LESSOR. Any adjustments to the monthly rental shall be paid within thirty (30) days from the completion of the audit.
14.2 In addition, within ten (10) days after the end of each Lease-year, commencing with July 1, 2009 and ending with the tenth (10th) day of the month following the last month of the Lease term, LESSEE shall furnish LESSOR with a statement to be certified as correct by LESSEE or the employee of LESSEE authorized so to certify, which sets forth LESSEE’s gross parking revenue for the year just concluded. With each annual statement, LESSEE shall pay to LESSOR the amount of any additional percentage rent which is payable to LESSOR, considering any installments of percentage rent paid by LESSEE to LESSOR during the previous Lease-year or partial Lease-year, as appropriate. If the annual statement shows that during the previous Lease-year, LESSEE paid more percentage rent than it was obligated to pay under the terms of this Lease, the amount of such overpayment shall be applied to the next installment or installments of minimum rent due or, if such overpayment was in the last year of the Lease term, LESSOR shall refund to LESSEE the full amount of
such overpayment within thirty (30) days of LESSOR’s receipt of the statement. Once with respect to each Lease-Year, and within three (3) years after its end, whether
during or after the term of this Lease, LESSOR may cause an audit of LESSEE’s business by an independent accountant of LESSOR’s own selection, and if LESSEE’s annual statement for such Lease-year is found to be more than two percent (2%) less than the amount of LESSEE’s actual gross parking revenue for the period covered by such statement, LESSEE shall immediately pay the cost of such audit as well as any additional percentage rent shown to be payable by LESSEE, together with interest thereon from the original due date at the default rate specified in Paragraph 12 hereof; otherwise, the cost of such an audit shall be paid by LESSOR. If LESSEE fails to provide to LESSOR any annual statements at the time and in the manner herein specified, such failure shall constitute a default under this Lease and LESSOR shall have the right, in addition to any other rights or remedies it might have hereunder: 1) to require LESSEE to pay an administrative fee of five percent (5%) of the minimum monthly rent set forth in Paragraph 3 hereof for each such default: and 2) to conduct an audit to determine such revenues, and LESSEE shall immediately reimburse LESSOR for the cost of such audit upon written demand by LESSOR. If any annual statement is found to be more than six percent (6%) less than the amount of LESSEE’s gross revenue shown by such audit, such understatement shall be deemed willful and LESSOR may terminate this Lease upon written notice given at any time within thirty (30) days after receipt of the audit by LESSOR. If at any time LESSEE causes an audit of LESSEE’s business at Premises to be made by an independent accountant, LESSEE shall furnish LESSOR a copy of the report of such audit at no cost to LESSOR within ten (10) days from LESSEE’s receipt of such audit report.
14.3 The acceptance by LESSOR of any monies paid to LESSOR by LESSEE as percentage rent for Premises as shown by any annual statement furnished by LESSEE shall not be an admission of the accuracy of such statement, or of the sufficiency of the amount of percentage rent payments, but LESSOR shall be entitled at any time within three (3) years from the end of the Lease-year for which any such percentage rent payments have been made to question the sufficiency of the amount paid and/or the accuracy of the statement or statements furnished by LESSEE to justify the amount. LESSEE shall, for each period of three (3) years, including the three (3) years, following the end of the term of this Lease, keep safe and intact all of the records, books, and accounts relevant to the gross parking revenue generated on Premises and shall, upon request, make such records available to LESSOR, LESSOR’s auditor, representative or agent for examination at any reasonable time during such period.
14.4 LESSEE shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Agreement; the accounting and control systems shall be satisfactory to LESSOR. LESSOR and LESSOR’s auditor shall be afforded access to LESSEE’s records, books, correspondence and other data relating to this Agreement. LESSEE shall preserve these records, books, correspondence and other data relating to this Agreement for a period of three (3) years after final payment, or for such longer period as may be required by law. In addition, LESSEE agrees to make said records, books, correspondence and other data relating to this Agreement available to LESSOR as LESSOR’s principal place of business upon 72 hours written notice.
15. Rates, Distribution, Stall Count.
15.1 Specifications and rates, Sunset Center Parking Summary (all subject to review, change and approval by Resolution of LESSOR’s City Council):
Stall Count:
Standard (9 x 18) 71
Compact (8 x 16) 64
Distribution of Stalls:
Monthly Permits __Approx 70
Transient __Approx 65
Rates:
Monthly $ ___60___ / month
Transient $ ___3.00__/ hour
($20.00 daily maximum)
Sunset Center Special Events No charge after 5 p.m.
16. LESSOR’s Access.
16.1 LESSOR and LESSOR’s agents shall have the right to enter Premises at reasonable times for the purpose of inspecting the same, showing the same to prospective
purchasers, lenders or lessees, and make such alterations, repairs, improvements or additions to Premises as LESSOR may deem necessary or desirable. During the last one hundred and twenty (120) days of the term of this Lease, LESSOR may, at any time, place on or about Premises any ordinary “For Lease” signs, all without rebate of rent to LESSEE or liability to LESSOR.
17. Assignment and Subletting.
17.1 In consideration for the favorable rental and lease terms and conditions, this
Lease is personal to LESSEE and as such LESSEE shall not sell, transfer, assign, mortgage or hypothecate this Lease, or any interest in this Lease, nor permit the use of Premises by any person or persons other than LESSEE, nor sublet Premises or any part thereof. However, in the event that LESSEE desires to sell, transfer, assign, sublet, mortgage or hypothecate this Lease or any interest therein, the parties hereto agree that it shall be reasonable for LESSOR’s consent thereto, if any, to be predicated, in part, upon the financial and professional qualifications of the proposed successor in interest as well as the proposed successor’s willingness to pay additional rent in an amount then designated by LESSOR to be the then-fair market rental for similar space in the vicinity of Premises and it shall be
reasonable that such consent shall be subject to a document preparation fee of not less than one thousand dollars ($1,000). Consent to any of the aforementioned acts shall not operate as a waiver of LESSOR’s right to terminate this Lease in the event of a sale, transfer, assignment or sublease of Premises.
18. Hold-Over Tenant.
18.1 It is covenanted that there shall be no renewal of this Lease, except upon
execution of a written agreement, and the fact that LESSEE may continue in possession of Premises without the written consent of LESSOR, shall not operate to renew this Lease. If LESSEE should hold over after the expiration of the term hereof without the written consent of LESSOR, LESSEE shall be deemed to be a tenant at sufferance. This provision for holdover tenancy is not to be construed as limiting the rights or remedies otherwise available to LESSOR to remove LESSEE, or to limit the rights of LESSOR or LESSEE to resolve any dispute relating to rental for any option period. In the event of a holdover, the rent will be the then-current base rent plus five hundred dollars ($500) per month.
19. Capital Improvements.
19.1 Cost and / or installation of any future capital improvements proposed by either party shall be negotiated in good faith at the time of any renewal date of this Lease Agreement.
20. Binding on Successor.
20.1 Subject to the provisions contained in this Lease, the covenants and conditions
of each party herein specified shall apply to and bind the heirs, executors, administrators and successors of such party.
21. Notices.
21.1 All notices to be given to LESSEE or LESSOR shall be made in writing and
shall be deemed delivered upon receipt either personally or by registered or certified mail addressed as follows:
LESSEE LESSOR:
Pacific Parking and Valet, LLC City of Carmel-by-the-Sea
dba National Parking and Valet Attn: Rich Guillen
578 A. Houston Street Box CC
Monterey, CA 93940 Carmel-by-the-Sea, CA 93921
22. Attorney’s Fees.
22.1 If either party hereto should bring any suit against the other party hereto
(formal judicial proceeding, mediation or arbitration), for the breach of any term, covenant, condition or obligation herein contained to be kept by such other party for the recovery of any sum due hereunder, or to recover possession of Premises, or for any summary action for forfeiture of this Lease or to prevent further violations of any of its terms, covenants, conditions, or obligations, or for any other relief then, and in that event, the case shall be handled in Monterey County, California, and the prevailing party in such suit or summary action shall be entitled to a reasonable attorney’s fee to be fixed by the judge, mediator or arbitrator hearing the case and such fee shall be included in the judgment, together with all costs.
23. Governing Law.
23.1 This Lease shall be governed by the laws of the State of California.
24. Agreement Contains All Understandings; Amendment.
24.1 This document represents the entire and integrated Agreement between LESSOR and LESSEE and supersedes all prior negotiations, representations, and agreements, either written or oral.
25. Hazardous Materials
25.1 For the purposes of this Agreement, a “hazardous material” is defined to mean any substance, material or waste, including asbestos and petroleum (including crude oil or any fraction thereof), which is or becomes designated, classified or regulated as being “toxic,” “hazardous,” a “pollutant” or similar designation under any federal, state or local
law, regulation or ordinance.
25.2 LESSEE shall not bring onto, or install, or permit to be brought onto or installed on the Premises any hazardous materials as defined in article 25.1 above.
25.3 LESSEE agrees to indemnify, defend and hold LESSOR harmless from and against all liabilities, claims, actions, damages, costs and expenses or loss arising out of or resulting from the presence of any hazardous material brought or installed or permitted to be brought or installed by LESSEE upon the demised premises.
26. Compliance with Laws, Ordinances, Regulations, Etc.
26.1 LESSEE shall comply with all laws, ordinances, regulations, covenants,
conditions and restrictions now or hereafter affecting the Premises or any part thereof or requiring any alterations or improvements, including without limitation: (a) all Hazardous Materials Laws; (b) the Americans with Disabilities Act, Public Law 101-336 (the “ADA”); (c) shall not commit or permit any waste or deterioration of the Premises or the improvements; (d) shall not allow changes in the use for which all or any part of the Premises or the improvements were intended; (e) and shall not initiate or acquiesce in a change in the zoning classification of the Premises or the improvements without prior consent of LESSOR.
IN WITNESS WHEREOF, the parties hereto have set their hands this _____day of
______________, 200 ___.
LESSOR: LESSEE:
CITY OF CARMEL-BY-THE-SEA NATIONAL PARKING & VALET, a
division of PACIFIC PARKING &
VALET, LLC
__________________________ ____________________________
Rich Guillen Steven E. Summers
City Administrator Managing Operating Partner
CITY COUNCIL: Resolution Amending Tristar Risk managment Agreement for Workers Compensation Claims
Meeting Date: July 7, 2009
Prepared by: Joyce Giuffre, Admin Services Director
City Council
Agenda Item Summary
Name: Consideration of a Resolution amending the agreement with Tristar Risk Management for processing workers compensation claims.
Description: Effective July 1, 2006, the City entered into an agreement with Tristar Risk Management for processing workers compensation claims related to the City’s self-insured policy. The City’s self-insured policy ended June 30, 2006. Tristar Risk Management continues to process the run-out claims related to this policy.
Due to lower claims activity, the agreement with Tristar was amended on July 1, 2008, and the annual claims administration fee was lowered. Effective July 1, 2009, the City wishes to execute a third amendment, per the attached Exhibit “A”, which will further lower the cost of the annual clams administration fees from $25,200 to $22,800 payable in 12 monthly installments. This fee is premised on an estimated average annual (open) indemnity claims volume of 12 files. The case management fees remain the same. The amended agreement will continue in full force and effect until June 30, 2010.
In fiscal year 2010/2011, the terms of the agreement would further lower the cost of the annual claims administration fees from $22,800 to $21,660. These also will be payable in 12 monthly installments. This fee is premised on an estimated average annual (open) indemnity claims volume of 10 files. The case management fees would remain the same.
Overall Cost: City Funds: FY 2009/10 annual cost of $22,800, FY 2010/11 annual cost of $21,660 funded by Workers Compensation Insurance departmental accounts ending in “019”, plus case management fees, if necessary.
Staff Recommendation: Approve the Resolution.
Important Considerations: The amended agreement will result in FY 2009/10 annual savings of $2,400 and FY 2010/11 annual savings of $1,140 in claims administration fees, due to decreased claims volume.
Decision Record: Resolution 2008-41, approved by City Council on July 1, 2008.
Reviewed by:
______________________________ _________________
Rich Guillen, City Administrator Date
CITY COUNCIL
CITY OF CARMEL-BY-THE-SEA
RESOLUTION 2009 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AMENDING THE AGREEMENT WITH TRISTAR RISK MANAGEMENT FOR PROCESSING WORKERS COMPENSATION CLAIMS
__________________________________________________________________________
WHEREAS, the City entered into an agreement with Tristar Risk Management, effective
July 1, 2006, for processing workers compensation run-out claims associated with the City’s prior self-insured policy; and
WHEREAS, the City amended that agreement with Tristar Risk Management, effective July 1, 2008, for processing workers compensation run-out claims associated with the City’s prior self-insured policy; and
WHEREAS, the City desires to amend the agreement effective July 1, 2009 through June 30, 2011, per the attached Exhibit “A”, which will result in lower claims administration fees for the City.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES:
1. Authorize the City Administrator to amend the agreement with Tristar Risk Management effective July 1, 2009 through June 30, 2011, per the attached Exhibit “A”.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 7th day of July 2009, by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
SIGNED,
_________________________
Heidi Burch, City Clerk
_________________________
ATTEST: SUE McCLOUD, MAYOR
THIRD AMENDMENT TO AGREEMENT
That certain Two Party Claims Servicing Agreement effective July 1, 2006, by and between Tristar Risk Management, (hereinafter referred to as “TRISTAR”) and City of Carmel-by-the-Sea, (hereinafter collectively referred to as “Client”) for the period July 1, 2006 through June 30, 2007, is amended herein by deleting in its entirety Article II and EXHIBIT A, such amendment to be effective July 1, 2009. All other terms and conditions of the above referenced Agreement remain unchanged.
II. EFFECTIVE DATE/TERM
2.1 This Agreement shall be effective as of July 1, 2009, and shall continue in full force and effect until June 30, 2011 or until termination in accordance with the provisions of Article Fourteen.
EXHIBIT “A”
COMPENSATION
This Exhibit, effective July 1, 2009, is attached to and made part of the Two Party Claims Servicing Agreement between TRISTAR Risk Management (“TRISTAR”) and City of Carmel-by- the-Sea (“Client”) effective July 1, 2006.
Claims Administration Fees
For services rendered pursuant to the attached Agreement, for the period of July 1, 2009 to June 30, 2010, Client will pay TRISTAR an annual Claims Administration Fee of $22,800.00, payable, in advance, in twelve (12) monthly installments of $1,900.00. This fee is premised on an estimated average annual (open) indemnity claims volume of 12 files.
For services rendered pursuant to the attached Agreement, for the period of July 1, 2010 to June 30, 2011, Client will pay TRISTAR an annual Claims Administration Fee of $21,660.00, payable, in advance, in twelve (12) monthly installments of $1,805.00. This fee is premised on an estimated average annual (open) indemnity claims volume of 10 files.
Should the actual claim volumes be less than or exceed these estimates by 15%, then both parties will agree to negotiate in good faith, as reasonable fee adjustment. Bill Review Fees TRISTAR shall utilize TRISTAR Managed Care (TMC) for Medical Bill Review and PPO Network Access. TMC fees for such services will be paid against individual claim files. The following TMC fees have been agreed to:
a) For medical treatment and pharmacy bills reviewed to the Official Medical Fee Schedule or Usual and Customary database:
The fee is fifteen percent (15%) of savings
b) For medical treatment and pharmacy bills that belong to the PPO:
The fee is thirty percent (30%) of the PPO savings.
c) For IMFS (Inpatient Medical Fee Schedule):
The fee is fifteen percent (15%) of savings.
d) For Specialty Bill Review reductions:
The fee is thirty percent (30%) of savings.
Case Management Fees
For nurse case management services provided by TRISTAR Managed Care, the fees will be as follows:
Utilization Review: In Patient - $95.00 per hour (includes review of treatment guidelines for appropriateness of care including length of stay and need for assistant surgeon; directing into PPO and confirmation letters)
Out Patient - $95.00 per hour (includes review of treatment guidelines for appropriateness of care, directing into PPO and confirmation letters)
Telephonic Case Management: $95.00 per hour
Field Case Management: $105.00 per hour, plus expenses
Peer Review: $200.00 per hour for record review without MD discussion $250.00 per hour for record review with MD discussion
In consideration of such compensation, TRISTAR shall handle all claims for the period of the Agreement.
TRISTAR RISK MANAGEMENT
Date: By:
Thomas J. Veale
Title: President
CARMEL-BY-THE-SEA
Date: By:
Rich Guillen
Title: City Administrator
Prepared by: Joyce Giuffre, Admin Services Director
City Council
Agenda Item Summary
Name: Consideration of a Resolution amending the agreement with Tristar Risk Management for processing workers compensation claims.
Description: Effective July 1, 2006, the City entered into an agreement with Tristar Risk Management for processing workers compensation claims related to the City’s self-insured policy. The City’s self-insured policy ended June 30, 2006. Tristar Risk Management continues to process the run-out claims related to this policy.
Due to lower claims activity, the agreement with Tristar was amended on July 1, 2008, and the annual claims administration fee was lowered. Effective July 1, 2009, the City wishes to execute a third amendment, per the attached Exhibit “A”, which will further lower the cost of the annual clams administration fees from $25,200 to $22,800 payable in 12 monthly installments. This fee is premised on an estimated average annual (open) indemnity claims volume of 12 files. The case management fees remain the same. The amended agreement will continue in full force and effect until June 30, 2010.
In fiscal year 2010/2011, the terms of the agreement would further lower the cost of the annual claims administration fees from $22,800 to $21,660. These also will be payable in 12 monthly installments. This fee is premised on an estimated average annual (open) indemnity claims volume of 10 files. The case management fees would remain the same.
Overall Cost: City Funds: FY 2009/10 annual cost of $22,800, FY 2010/11 annual cost of $21,660 funded by Workers Compensation Insurance departmental accounts ending in “019”, plus case management fees, if necessary.
Staff Recommendation: Approve the Resolution.
Important Considerations: The amended agreement will result in FY 2009/10 annual savings of $2,400 and FY 2010/11 annual savings of $1,140 in claims administration fees, due to decreased claims volume.
Decision Record: Resolution 2008-41, approved by City Council on July 1, 2008.
Reviewed by:
______________________________ _________________
Rich Guillen, City Administrator Date
CITY COUNCIL
CITY OF CARMEL-BY-THE-SEA
RESOLUTION 2009 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AMENDING THE AGREEMENT WITH TRISTAR RISK MANAGEMENT FOR PROCESSING WORKERS COMPENSATION CLAIMS
__________________________________________________________________________
WHEREAS, the City entered into an agreement with Tristar Risk Management, effective
July 1, 2006, for processing workers compensation run-out claims associated with the City’s prior self-insured policy; and
WHEREAS, the City amended that agreement with Tristar Risk Management, effective July 1, 2008, for processing workers compensation run-out claims associated with the City’s prior self-insured policy; and
WHEREAS, the City desires to amend the agreement effective July 1, 2009 through June 30, 2011, per the attached Exhibit “A”, which will result in lower claims administration fees for the City.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES:
1. Authorize the City Administrator to amend the agreement with Tristar Risk Management effective July 1, 2009 through June 30, 2011, per the attached Exhibit “A”.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 7th day of July 2009, by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
SIGNED,
_________________________
Heidi Burch, City Clerk
_________________________
ATTEST: SUE McCLOUD, MAYOR
THIRD AMENDMENT TO AGREEMENT
That certain Two Party Claims Servicing Agreement effective July 1, 2006, by and between Tristar Risk Management, (hereinafter referred to as “TRISTAR”) and City of Carmel-by-the-Sea, (hereinafter collectively referred to as “Client”) for the period July 1, 2006 through June 30, 2007, is amended herein by deleting in its entirety Article II and EXHIBIT A, such amendment to be effective July 1, 2009. All other terms and conditions of the above referenced Agreement remain unchanged.
II. EFFECTIVE DATE/TERM
2.1 This Agreement shall be effective as of July 1, 2009, and shall continue in full force and effect until June 30, 2011 or until termination in accordance with the provisions of Article Fourteen.
EXHIBIT “A”
COMPENSATION
This Exhibit, effective July 1, 2009, is attached to and made part of the Two Party Claims Servicing Agreement between TRISTAR Risk Management (“TRISTAR”) and City of Carmel-by- the-Sea (“Client”) effective July 1, 2006.
Claims Administration Fees
For services rendered pursuant to the attached Agreement, for the period of July 1, 2009 to June 30, 2010, Client will pay TRISTAR an annual Claims Administration Fee of $22,800.00, payable, in advance, in twelve (12) monthly installments of $1,900.00. This fee is premised on an estimated average annual (open) indemnity claims volume of 12 files.
For services rendered pursuant to the attached Agreement, for the period of July 1, 2010 to June 30, 2011, Client will pay TRISTAR an annual Claims Administration Fee of $21,660.00, payable, in advance, in twelve (12) monthly installments of $1,805.00. This fee is premised on an estimated average annual (open) indemnity claims volume of 10 files.
Should the actual claim volumes be less than or exceed these estimates by 15%, then both parties will agree to negotiate in good faith, as reasonable fee adjustment. Bill Review Fees TRISTAR shall utilize TRISTAR Managed Care (TMC) for Medical Bill Review and PPO Network Access. TMC fees for such services will be paid against individual claim files. The following TMC fees have been agreed to:
a) For medical treatment and pharmacy bills reviewed to the Official Medical Fee Schedule or Usual and Customary database:
The fee is fifteen percent (15%) of savings
b) For medical treatment and pharmacy bills that belong to the PPO:
The fee is thirty percent (30%) of the PPO savings.
c) For IMFS (Inpatient Medical Fee Schedule):
The fee is fifteen percent (15%) of savings.
d) For Specialty Bill Review reductions:
The fee is thirty percent (30%) of savings.
Case Management Fees
For nurse case management services provided by TRISTAR Managed Care, the fees will be as follows:
Utilization Review: In Patient - $95.00 per hour (includes review of treatment guidelines for appropriateness of care including length of stay and need for assistant surgeon; directing into PPO and confirmation letters)
Out Patient - $95.00 per hour (includes review of treatment guidelines for appropriateness of care, directing into PPO and confirmation letters)
Telephonic Case Management: $95.00 per hour
Field Case Management: $105.00 per hour, plus expenses
Peer Review: $200.00 per hour for record review without MD discussion $250.00 per hour for record review with MD discussion
In consideration of such compensation, TRISTAR shall handle all claims for the period of the Agreement.
TRISTAR RISK MANAGEMENT
Date: By:
Thomas J. Veale
Title: President
CARMEL-BY-THE-SEA
Date: By:
Rich Guillen
Title: City Administrator
CITY COUNCIL: Resolution Accepting State Grant for 4th Av. Riparian Habitat Project
Meeting Date: July 7, 2009
Prepared by: Joyce Giuffre Admin. Services Director
City Council
Agenda Item Summary
Name: Consideration of a Resolution accepting grant proceeds of $261,100 from the State of California Department of Parks and Recreation for the 4th Avenue Riparian Habitat Project and approving a transfer of $166,795 from the General Fund to the Capital Reserve Fund.
Description: The City submitted a grant progress payment request to the California State Department of Parks and Recreation for design and construction expenses for the 4th Avenue Riparian Habitat Project. On June 2, 2009, the City received two checks totaling $261,100 from the State in response to the payment request. The checks were deposited to the City’s General Fund.
On August 19, 2008, the City Council approved a Resolution 2008-55, awarding the 4th Avenue construction contract to Green Valley Landscaping and approving the transfer of $166,795 from the Capital Project Reserve to the General Fund. The transfer was intended to cover the construction costs in excess of the $170,000 budgeted as the City’s match in the FY 2008/09 Capital Improvement Budget.
Now that the City has received the grant progress payment of $261,100, it is prudent to transfer $166,795 from the General Fund back to the Capital Project Reserve.
Overall Cost: City Funds: N/A
Grant Funds: $261,100 received –then transfer $166,795 from the General Fund to Capital Reserve
Staff Recommendation: Adopt the Resolution.
Important Considerations: City Policy C99-04, “Application For and Utilization of Grant Funds”, requires City Council to approve both the acceptance of grant awards and also the transfer of reserve funds to temporarily cover project expenditures.
Decision Record: Resolution 2008-55 (August 19, 2008).
Reviewed by:
______________________________ ______________________________
Rich Guillen, City Administrator Date
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA ACCEPTING GRANT PROCEEDS OF $261,100 FROM THE STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION
FOR THE 4TH AVENUE RIPARIAN HABITAT PROJECT AND APPROVING A TRANSFER OF $166,795 FROM THE GENERAL FUND TO THE CAPITAL RESERVE FUND
WHEREAS, a $373,000 grant from the State of California Department of Parks and Recreation was previously accepted by the City of Carmel-by-the-Sea for the 4th Avenue Riparian Habitat Project; and
WHEREAS, a grant progress payment of $261,100 was received from the State Department of Parks and Recreation on June 2, 2009, and deposited to the General Fund, and;
WHEREAS, Resolution 2008-55, dated August 19, 2008, approved the transfer of $166,795 from the Capital Project Reserve to the General Fund to cover construction costs above the City’s match budgeted amount, and;
WHEREAS, with receipt of the grant progress payment, $166,795 should be transferred from the General Fund back to the Capital Project Reserve to reverse the transfer previously approved with Resolution 2008-55.
NOW, THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES:
1. Accept the grant proceeds of $261,100 from the State of California Department of Parks and Recreation for the 4th Avenue Riparian Habitat Project.
2. Approve the transfer of $166,795 from the General Fund to the Capital Project Reserve to reverse the transfer previously approved with Resolution 2008-55.
PASSED AND ADOPTED BY THE CITY COUNCIL this 7th day of July 2009 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
SIGNED,
_________________________
Heidi Burch, City Clerk
_________________________
ATTEST: SUE McCLOUD, MAYOR
Prepared by: Joyce Giuffre Admin. Services Director
City Council
Agenda Item Summary
Name: Consideration of a Resolution accepting grant proceeds of $261,100 from the State of California Department of Parks and Recreation for the 4th Avenue Riparian Habitat Project and approving a transfer of $166,795 from the General Fund to the Capital Reserve Fund.
Description: The City submitted a grant progress payment request to the California State Department of Parks and Recreation for design and construction expenses for the 4th Avenue Riparian Habitat Project. On June 2, 2009, the City received two checks totaling $261,100 from the State in response to the payment request. The checks were deposited to the City’s General Fund.
On August 19, 2008, the City Council approved a Resolution 2008-55, awarding the 4th Avenue construction contract to Green Valley Landscaping and approving the transfer of $166,795 from the Capital Project Reserve to the General Fund. The transfer was intended to cover the construction costs in excess of the $170,000 budgeted as the City’s match in the FY 2008/09 Capital Improvement Budget.
Now that the City has received the grant progress payment of $261,100, it is prudent to transfer $166,795 from the General Fund back to the Capital Project Reserve.
Overall Cost: City Funds: N/A
Grant Funds: $261,100 received –then transfer $166,795 from the General Fund to Capital Reserve
Staff Recommendation: Adopt the Resolution.
Important Considerations: City Policy C99-04, “Application For and Utilization of Grant Funds”, requires City Council to approve both the acceptance of grant awards and also the transfer of reserve funds to temporarily cover project expenditures.
Decision Record: Resolution 2008-55 (August 19, 2008).
Reviewed by:
______________________________ ______________________________
Rich Guillen, City Administrator Date
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA ACCEPTING GRANT PROCEEDS OF $261,100 FROM THE STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION
FOR THE 4TH AVENUE RIPARIAN HABITAT PROJECT AND APPROVING A TRANSFER OF $166,795 FROM THE GENERAL FUND TO THE CAPITAL RESERVE FUND
WHEREAS, a $373,000 grant from the State of California Department of Parks and Recreation was previously accepted by the City of Carmel-by-the-Sea for the 4th Avenue Riparian Habitat Project; and
WHEREAS, a grant progress payment of $261,100 was received from the State Department of Parks and Recreation on June 2, 2009, and deposited to the General Fund, and;
WHEREAS, Resolution 2008-55, dated August 19, 2008, approved the transfer of $166,795 from the Capital Project Reserve to the General Fund to cover construction costs above the City’s match budgeted amount, and;
WHEREAS, with receipt of the grant progress payment, $166,795 should be transferred from the General Fund back to the Capital Project Reserve to reverse the transfer previously approved with Resolution 2008-55.
NOW, THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES:
1. Accept the grant proceeds of $261,100 from the State of California Department of Parks and Recreation for the 4th Avenue Riparian Habitat Project.
2. Approve the transfer of $166,795 from the General Fund to the Capital Project Reserve to reverse the transfer previously approved with Resolution 2008-55.
PASSED AND ADOPTED BY THE CITY COUNCIL this 7th day of July 2009 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
SIGNED,
_________________________
Heidi Burch, City Clerk
_________________________
ATTEST: SUE McCLOUD, MAYOR
CITY COUNCIL: Resolution for Consultant Services Agreement for Building Inspection Services with Michael Rachel
Meeting Date: 7 July 2009
Prepared by: Sean Conroy, Planning & Building Services Manager
City Council
Agenda Item Summary
Name: Consideration of a Resolution authorizing the City Administrator to execute a Consultant Services Agreement with Michael Rachel for Building Inspection Services in fiscal year 2009/2010 for an amount not to exceed $45,000.
Description: The consultant will provide building inspection services and other duties related to the Building Department on an “as needed” basis for fiscal year 2009/2010 at an hourly rate of $50.00.
Overall Cost:
City Funds: Not to exceed $45,000.
Grant Funds: N/A
Staff Recommendation: Adopt the Resolution.
Important Considerations: With the anticipated one-year absence of The City’s Building Official, the City will require part time assistance for the duration. The Building Official’s position includes a wide range of responsibilities, the primary of which is performing construction inspections. The consultant will provide construction inspection services and building-related assistance to the Department of Community Planning and Building during the absence of the Building Official.
Decision Record: N/A
Reviewed by:
_____________________________ _____________________
Rich Guillen, City Administrator Date
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE A CONSULTANT SERVICES AGREEMENT WITH MICHAEL RACHEL FOR BUILDING INSPECTION SERVICES AND OTHER BUILDING-RELATED ASSISTANCE TO THE DEPARTMENT OF COMMUNITY PLANNING AND BUILDING FOR FISCAL YEAR 2009/2010
WHEREAS, The City of Carmel-by-the-Sea is a unique community that prides itself its unique character and the safety of its citizens; and
WHEREAS, the City has adopted a Building Code to coordinate the administration of the construction codes by establishing uniform procedures; and
WHEREAS, the City requires construction projects to be inspected to ensure compliance with the Building Code; and
WHEREAS, Michael Rachel submitted a proposal for consultant services to provide Building Inspection Services and other building-related assistance to the Department of Community Planning and Building for fiscal year 2009/2010.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA does hereby:
Authorize the City Administrator to execute a Consultant Services Contract with Michael Rachel for an amount not to exceed $45,000.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 7th day of July, 2009 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
SIGNED,
________________________
SUE McCLOUD, MAYOR
ATTEST:
__________________________________
Heidi Burch, City Clerk
CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT, dated this 7th day of July 2009 is by and between the CITY OF CARMEL-BY-THE-SEA, a municipal corporation of the State of California, hereinafter referred to as the “City”, and MICHAEL RACHEL, hereinafter referred to as “Consultant”.
I. SERVICES BY CONSULTANT
A. Consultant will provide Building Inspection Services and other assistance as requested for the Department of Community Planning and Building.
B. Said services and all duties incidental or necessary thereto shall be performed diligently and competently and in accordance with generally accepted professional standards of performance.
II. COMPENSATION
A. City shall pay Consultant for services rendered at an hourly rate of $50.00, but not to exceed $45,000 for fiscal year 2009/2010. Consultant agrees to perform all services required by this Agreement on an ongoing basis until this Agreement is amended or terminated. Such amount shall constitute full and complete payment by City under this Agreement.
B. Consultant shall submit an itemized invoice to City on a monthly basis. Each invoice shall reference the specific project assignments completed during that period for which payment is requested. City shall make payment for work invoiced within thirty (30) days of receipt of invoice.
C. City shall have the right to withhold payment to Consultant for any work not completed in accordance with this agreement until such time as Consultant modifies such work so that the same is in accordance with the professional standards of performance.
III. OWNERSHIP OF WORK PRODUCT
A. Ownership of any reports, data, studies, surveys, charts, maps, figures, photographs, memoranda, and any other documents which are developed, compiled, or produced as a result of this Agreement, whether or not completed, shall be vested in City. Use of such data by City for projects not the subject of this Agreement shall be at City’s sole risk without legal liability or exposure to Consultant.
B. Methodology, materials, software, logic and systems developed under the said Contract are the property of Consultant.
IV. GENERAL ADMINISTRATION AND MANAGEMENT
A. The City Administrator of the City of Carmel-by-the-Sea, or his designee, shall have primary administrative responsibility for City under this Agreement, and shall review and approve Consultant's invoices to City under this Agreement.
B. The City Administrator of the City of Carmel-by-the-Sea, or his designee, shall have primary responsibility for overseeing and reviewing Consultant's work and shall coordinate all communications with Consultant from City.
V. COMPLETION DATE
A. It is projected that the work contracted will be completed by 1 July 2010. Consultant will diligently proceed with the work contracted for, but it is expressly agreed and understood that Consultant shall not be held responsible for delays occasioned by factors beyond its control, nor by factors that could not reasonably have been foreseen at the time of the execution of the Agreement between the parties.
VI. DELAYS AND EXTENSIONS
A. Time is of the essence concerning performance of this Agreement; however, Consultant will be granted time extensions for delays beyond Consultant’s control. Time extensions will be equal to the length of the delay or as otherwise agreed upon between Consultant and City. Any such time extensions shall be in writing and signed by both parties.
VII. SUSPENSION OF AGREEMENT/DISPUTES
A. Consultant and City reserve the right to terminate or suspend this Agreement, without cause, at any time by giving twenty (20) days written notice to the other party.
B. In the event that City requests termination of the work prior to completion, Consultant reserves the right to complete such analyses and records as may be necessary to place its files in order.
C. Should either party to this Agreement bring legal action against the other (formal judicial proceeding, mediation or arbitration) the case shall be handled in Monterey County, California, and the party prevailing in such action shall be entitled to a reasonable attorney’s fee which shall be fixed by the judge, mediator or arbitrator hearing the case and such fee shall be included in the judgment, together with all costs.
VIII. NON-DISCRIMINATION/AFFIRMATIVE ACTION
A. Consultant will not discriminate against any employee or applicant for employment because of race, creed, color, sex, age, national origin, marital status, physical or other motor handicap, unless based upon bona fide occupational qualification. Consultant will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, age, national origin, marital status, physical or other motor handicap.
IX. ASSIGNMENT
A. This Agreement may not be assigned or otherwise transferred by either party hereto without the prior written consent of the other party. Any purported assignment or delegation of performance in violation of this provision is void. Subject to the foregoing, this Agreement is binding and shall inure to the benefit of the successors and assigns of the parties to this Agreement.
X. MODIFICATION
A. No change, alteration, modification, or addition to this Agreement will be effective unless it is in writing and properly signed by all parties hereto.
XI. HOLD HARMLESS
A. Consultant is covered by, and agrees to maintain, general liability insurance for bodily injury and property damage arising directly from its negligent acts or omissions with limits as specified below. Certificates of insurance shall be provided to City upon request. Within the limits and conditions of such insurance, Consultant agrees to indemnify, protect, defend and name City, its public officials, officers and employees as additional insureds and hold harmless any negligent act or omission by Consultant. Consultant shall not be responsible for any loss, damage or liability beyond the amounts, limits and conditions of such insurance. Consultant shall not be responsible for any loss, damage or liability arising from any act or omission by City, its agents, staff, other consultants, independent contractors, third parties or others working on the project that have not been hired by Consultant and over which Consultant has no supervision or control.
XII. COMPLIANCE WITH LAWS
A. This Agreement shall be governed by all applicable federal, State of California, and local laws, rules and regulations affecting Consultant and his/her work hereunder, and shall ensure that all subcontractors do the same. Consultant represents and warrants to City that Consultant has and will keep in effect during the term of this Agreement all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice Consultant’s profession and to do the work hereunder.
B. Consultant agrees to abide by the requirements of the Immigration and Control Reform Act pertaining to assuring that all employees of Consultant performing any services under this Agreement have a legal right to work in the United States of America, that all required documentation of such right to work is inspected, and that INS Form 1-9 (as it may be amended from time to time) is completed and on file for each employee. Consultant shall make the required documentation available upon request to City for inspection.
XIII. INSURANCE
A. Without limiting Consultant’s duty to indemnify, Consultant shall maintain in effect throughout the term of this agreement a policy or policies of insurance covering all of its operations (including public liability coverage, property damage coverage and professional malpractice) with the following minimum limits of liability:
1. COMMERCIAL GENERAL LIABILITY INSURANCE:
a. Commercial General Liability, including but not limited to, premises, personal injuries, products and completed operations, with a combined single limit of not less than $1,000,000.00 per occurrence.
b. Bodily injury $1,000,000.00 per occurrence and $1,000,000.00 aggregate and
$1,000,000.00 property damage; and
c. A combined single limit of not less than $1,000,000.00 per occurrence.
2. AUTOMOBILE LIABILITY INSURANCE
a. Comprehensive automobile liability covering all motor vehicles including owned, leased, non-owned, and hired vehicles, used in providing services under this agreement, with a combined single limit of not less than $1,000,000.00 per occurrence.
b. Bodily injury $1,000,000.00 per occurrence and $1,000,000.00 aggregate and
$1,000,000.00 property damage; and
c. A combined single limit of not less than $1,000,000.00 per occurrence.
3. WORKER’S COMPENSATION INSURANCE:
Worker’s compensation insurance in accordance with California Labor Code section 3700 and with a minimum of $100,000.00 per occurrence for employer’s liability.
XIV. ADDITIONAL SERVICES
A. It is understood and agreed by City and Consultant that City might request Consultant to render additional professional services beyond the original Scope of Services as described in Section 1.A. of this Agreement. Such additional services may include those due to abnormal conditions beyond Consultant's control, changes in phasing, time delays, changes in scope or requirements on the part of others and services necessitated by legal challenge of the work products. Any work requested of Consultant by City beyond what is noted in Section 1.A. of this
Agreement shall constitute additional services. Such work will be undertaken only upon written authorization of City, written agreement by all parties, and based upon an agreed amount of compensation.
XV. INDEPENDENT CONTRACTOR
A. Consultant is and shall be at all times during the term of this Agreement an independent contractor.
B. Consultant shall maintain a valid business license with the City of Carmel-by-the-Sea at all times during the term of this Agreement.
C. Without receiving the Consultant’s written permission, City agrees not to hire, retain or contract with any employee of Consultant who performs services for City under this Agreement for a period of one year from the date this Agreement is terminated
XVI. SUBCONTRACTING
A. None of the services covered by this Agreement shall be subcontracted without the prior written consent of City. In accordance with Government Code Section 7550, Consultant agrees to state in a separate section of any filed report the numbers and dollar amounts of all contracts and subcontracts relating to preparation of the report(s).
XVII. RECORDS OF PERFORMANCE
A. Consultant shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Agreement; the accounting and control systems shall be satisfactory to City. City and City’s auditor shall be afforded access to Consultant’s records, books, correspondence and other data relating to this Agreement. Consultant shall preserve these records, books, correspondence and other data relating to this Agreement for a period of four (4) years after final payment, or for such longer period as may be required by law. In addition, Consultant agrees to make said records, books, correspondence and other data relating to this Agreement available to City at City’s principal place of business upon seventy-two (72) hours written notice. The City Administrator, or his or her designee, shall at all times have the right to inspect the work, services, or materials. Consultant shall furnish all reasonable aid and assistance required by City for the proper examination of the work or services and all parts thereof. Such inspection shall not relieve Consultant from any obligation to perform said work or services strictly in accordance with the specifications or any modification thereof and in compliance with the law.
XVIII. CONFLICTS OF INTEREST
A. Consultant shall at all times avoid conflicts of interest, or the appearance of conflicts of interest, in the performance of this Agreement.
XIX. INTERPRETATION
A. In the event of a conflict between the provisions of this Agreement, the Agreement together with its attachments shall take precedence. Notwithstanding the fact that one or more persons of this Agreement may have been drafted by one of the parties to this Agreement, such provisions shall be interpreted as though they were a product of a joint drafting effort and no provisions shall be interpreted against a party on the grounds that said party was solely or primarily responsible for drafting the language to be interpreted.
XX. STATEMENT OF ECONOMIC INTEREST
A. If City determines Consultant comes within the definition of Consultant under the Political Reform Act (Government Code Section 87100.1), Consultant shall complete and file and shall require any other person doing work under this Agreement to complete and file a “statement of Economic Interest” with City disclosing Consultant and/or such other person’s financial interests.
XXI. THIRD PARTY BENEFICIARIES
A. Nothing in this Agreement shall be construed to create, and the parties do not intend to create, any rights in third parties.
XXII. SEVERABILITY
A. If any term of this Agreement is held invalid by a court of competent jurisdiction, or arbitrator, the remainder of this Agreement shall remain in effect.
XXIII. NOTICES
Any notices to be given to the parties hereunder shall be addressed as follows (until notice of a different address is given to the parties):
CITY CONSULTANT
Rich Guillen Michael Rachel
City Administrator PO Box 5605
City Hall Carmel, CA 93921
PO Box CC
Carmel CA 93921
Any and all notices or other communications required or permitted relative to this Agreement shall be in writing and shall be deemed duly served and given when personally delivered to the parties to whom it is directed; or in lieu of such personal service, when deposited in the United States mail, first class, postage prepaid, addressed to CITY or to CONSULTANT at the addresses set forth above.
Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided for in the preceding paragraph.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written.
CITY OF CARMEL-BY-THE-SEA, MICHAEL RACHEL
CALIFORNIA
By: By:
____________________________ ____________________________
Rich Guillen, City Administrator MICHAEL RACHEL
Prepared by: Sean Conroy, Planning & Building Services Manager
City Council
Agenda Item Summary
Name: Consideration of a Resolution authorizing the City Administrator to execute a Consultant Services Agreement with Michael Rachel for Building Inspection Services in fiscal year 2009/2010 for an amount not to exceed $45,000.
Description: The consultant will provide building inspection services and other duties related to the Building Department on an “as needed” basis for fiscal year 2009/2010 at an hourly rate of $50.00.
Overall Cost:
City Funds: Not to exceed $45,000.
Grant Funds: N/A
Staff Recommendation: Adopt the Resolution.
Important Considerations: With the anticipated one-year absence of The City’s Building Official, the City will require part time assistance for the duration. The Building Official’s position includes a wide range of responsibilities, the primary of which is performing construction inspections. The consultant will provide construction inspection services and building-related assistance to the Department of Community Planning and Building during the absence of the Building Official.
Decision Record: N/A
Reviewed by:
_____________________________ _____________________
Rich Guillen, City Administrator Date
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE A CONSULTANT SERVICES AGREEMENT WITH MICHAEL RACHEL FOR BUILDING INSPECTION SERVICES AND OTHER BUILDING-RELATED ASSISTANCE TO THE DEPARTMENT OF COMMUNITY PLANNING AND BUILDING FOR FISCAL YEAR 2009/2010
WHEREAS, The City of Carmel-by-the-Sea is a unique community that prides itself its unique character and the safety of its citizens; and
WHEREAS, the City has adopted a Building Code to coordinate the administration of the construction codes by establishing uniform procedures; and
WHEREAS, the City requires construction projects to be inspected to ensure compliance with the Building Code; and
WHEREAS, Michael Rachel submitted a proposal for consultant services to provide Building Inspection Services and other building-related assistance to the Department of Community Planning and Building for fiscal year 2009/2010.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA does hereby:
Authorize the City Administrator to execute a Consultant Services Contract with Michael Rachel for an amount not to exceed $45,000.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 7th day of July, 2009 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
SIGNED,
________________________
SUE McCLOUD, MAYOR
ATTEST:
__________________________________
Heidi Burch, City Clerk
CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT, dated this 7th day of July 2009 is by and between the CITY OF CARMEL-BY-THE-SEA, a municipal corporation of the State of California, hereinafter referred to as the “City”, and MICHAEL RACHEL, hereinafter referred to as “Consultant”.
I. SERVICES BY CONSULTANT
A. Consultant will provide Building Inspection Services and other assistance as requested for the Department of Community Planning and Building.
B. Said services and all duties incidental or necessary thereto shall be performed diligently and competently and in accordance with generally accepted professional standards of performance.
II. COMPENSATION
A. City shall pay Consultant for services rendered at an hourly rate of $50.00, but not to exceed $45,000 for fiscal year 2009/2010. Consultant agrees to perform all services required by this Agreement on an ongoing basis until this Agreement is amended or terminated. Such amount shall constitute full and complete payment by City under this Agreement.
B. Consultant shall submit an itemized invoice to City on a monthly basis. Each invoice shall reference the specific project assignments completed during that period for which payment is requested. City shall make payment for work invoiced within thirty (30) days of receipt of invoice.
C. City shall have the right to withhold payment to Consultant for any work not completed in accordance with this agreement until such time as Consultant modifies such work so that the same is in accordance with the professional standards of performance.
III. OWNERSHIP OF WORK PRODUCT
A. Ownership of any reports, data, studies, surveys, charts, maps, figures, photographs, memoranda, and any other documents which are developed, compiled, or produced as a result of this Agreement, whether or not completed, shall be vested in City. Use of such data by City for projects not the subject of this Agreement shall be at City’s sole risk without legal liability or exposure to Consultant.
B. Methodology, materials, software, logic and systems developed under the said Contract are the property of Consultant.
IV. GENERAL ADMINISTRATION AND MANAGEMENT
A. The City Administrator of the City of Carmel-by-the-Sea, or his designee, shall have primary administrative responsibility for City under this Agreement, and shall review and approve Consultant's invoices to City under this Agreement.
B. The City Administrator of the City of Carmel-by-the-Sea, or his designee, shall have primary responsibility for overseeing and reviewing Consultant's work and shall coordinate all communications with Consultant from City.
V. COMPLETION DATE
A. It is projected that the work contracted will be completed by 1 July 2010. Consultant will diligently proceed with the work contracted for, but it is expressly agreed and understood that Consultant shall not be held responsible for delays occasioned by factors beyond its control, nor by factors that could not reasonably have been foreseen at the time of the execution of the Agreement between the parties.
VI. DELAYS AND EXTENSIONS
A. Time is of the essence concerning performance of this Agreement; however, Consultant will be granted time extensions for delays beyond Consultant’s control. Time extensions will be equal to the length of the delay or as otherwise agreed upon between Consultant and City. Any such time extensions shall be in writing and signed by both parties.
VII. SUSPENSION OF AGREEMENT/DISPUTES
A. Consultant and City reserve the right to terminate or suspend this Agreement, without cause, at any time by giving twenty (20) days written notice to the other party.
B. In the event that City requests termination of the work prior to completion, Consultant reserves the right to complete such analyses and records as may be necessary to place its files in order.
C. Should either party to this Agreement bring legal action against the other (formal judicial proceeding, mediation or arbitration) the case shall be handled in Monterey County, California, and the party prevailing in such action shall be entitled to a reasonable attorney’s fee which shall be fixed by the judge, mediator or arbitrator hearing the case and such fee shall be included in the judgment, together with all costs.
VIII. NON-DISCRIMINATION/AFFIRMATIVE ACTION
A. Consultant will not discriminate against any employee or applicant for employment because of race, creed, color, sex, age, national origin, marital status, physical or other motor handicap, unless based upon bona fide occupational qualification. Consultant will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, age, national origin, marital status, physical or other motor handicap.
IX. ASSIGNMENT
A. This Agreement may not be assigned or otherwise transferred by either party hereto without the prior written consent of the other party. Any purported assignment or delegation of performance in violation of this provision is void. Subject to the foregoing, this Agreement is binding and shall inure to the benefit of the successors and assigns of the parties to this Agreement.
X. MODIFICATION
A. No change, alteration, modification, or addition to this Agreement will be effective unless it is in writing and properly signed by all parties hereto.
XI. HOLD HARMLESS
A. Consultant is covered by, and agrees to maintain, general liability insurance for bodily injury and property damage arising directly from its negligent acts or omissions with limits as specified below. Certificates of insurance shall be provided to City upon request. Within the limits and conditions of such insurance, Consultant agrees to indemnify, protect, defend and name City, its public officials, officers and employees as additional insureds and hold harmless any negligent act or omission by Consultant. Consultant shall not be responsible for any loss, damage or liability beyond the amounts, limits and conditions of such insurance. Consultant shall not be responsible for any loss, damage or liability arising from any act or omission by City, its agents, staff, other consultants, independent contractors, third parties or others working on the project that have not been hired by Consultant and over which Consultant has no supervision or control.
XII. COMPLIANCE WITH LAWS
A. This Agreement shall be governed by all applicable federal, State of California, and local laws, rules and regulations affecting Consultant and his/her work hereunder, and shall ensure that all subcontractors do the same. Consultant represents and warrants to City that Consultant has and will keep in effect during the term of this Agreement all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice Consultant’s profession and to do the work hereunder.
B. Consultant agrees to abide by the requirements of the Immigration and Control Reform Act pertaining to assuring that all employees of Consultant performing any services under this Agreement have a legal right to work in the United States of America, that all required documentation of such right to work is inspected, and that INS Form 1-9 (as it may be amended from time to time) is completed and on file for each employee. Consultant shall make the required documentation available upon request to City for inspection.
XIII. INSURANCE
A. Without limiting Consultant’s duty to indemnify, Consultant shall maintain in effect throughout the term of this agreement a policy or policies of insurance covering all of its operations (including public liability coverage, property damage coverage and professional malpractice) with the following minimum limits of liability:
1. COMMERCIAL GENERAL LIABILITY INSURANCE:
a. Commercial General Liability, including but not limited to, premises, personal injuries, products and completed operations, with a combined single limit of not less than $1,000,000.00 per occurrence.
b. Bodily injury $1,000,000.00 per occurrence and $1,000,000.00 aggregate and
$1,000,000.00 property damage; and
c. A combined single limit of not less than $1,000,000.00 per occurrence.
2. AUTOMOBILE LIABILITY INSURANCE
a. Comprehensive automobile liability covering all motor vehicles including owned, leased, non-owned, and hired vehicles, used in providing services under this agreement, with a combined single limit of not less than $1,000,000.00 per occurrence.
b. Bodily injury $1,000,000.00 per occurrence and $1,000,000.00 aggregate and
$1,000,000.00 property damage; and
c. A combined single limit of not less than $1,000,000.00 per occurrence.
3. WORKER’S COMPENSATION INSURANCE:
Worker’s compensation insurance in accordance with California Labor Code section 3700 and with a minimum of $100,000.00 per occurrence for employer’s liability.
XIV. ADDITIONAL SERVICES
A. It is understood and agreed by City and Consultant that City might request Consultant to render additional professional services beyond the original Scope of Services as described in Section 1.A. of this Agreement. Such additional services may include those due to abnormal conditions beyond Consultant's control, changes in phasing, time delays, changes in scope or requirements on the part of others and services necessitated by legal challenge of the work products. Any work requested of Consultant by City beyond what is noted in Section 1.A. of this
Agreement shall constitute additional services. Such work will be undertaken only upon written authorization of City, written agreement by all parties, and based upon an agreed amount of compensation.
XV. INDEPENDENT CONTRACTOR
A. Consultant is and shall be at all times during the term of this Agreement an independent contractor.
B. Consultant shall maintain a valid business license with the City of Carmel-by-the-Sea at all times during the term of this Agreement.
C. Without receiving the Consultant’s written permission, City agrees not to hire, retain or contract with any employee of Consultant who performs services for City under this Agreement for a period of one year from the date this Agreement is terminated
XVI. SUBCONTRACTING
A. None of the services covered by this Agreement shall be subcontracted without the prior written consent of City. In accordance with Government Code Section 7550, Consultant agrees to state in a separate section of any filed report the numbers and dollar amounts of all contracts and subcontracts relating to preparation of the report(s).
XVII. RECORDS OF PERFORMANCE
A. Consultant shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Agreement; the accounting and control systems shall be satisfactory to City. City and City’s auditor shall be afforded access to Consultant’s records, books, correspondence and other data relating to this Agreement. Consultant shall preserve these records, books, correspondence and other data relating to this Agreement for a period of four (4) years after final payment, or for such longer period as may be required by law. In addition, Consultant agrees to make said records, books, correspondence and other data relating to this Agreement available to City at City’s principal place of business upon seventy-two (72) hours written notice. The City Administrator, or his or her designee, shall at all times have the right to inspect the work, services, or materials. Consultant shall furnish all reasonable aid and assistance required by City for the proper examination of the work or services and all parts thereof. Such inspection shall not relieve Consultant from any obligation to perform said work or services strictly in accordance with the specifications or any modification thereof and in compliance with the law.
XVIII. CONFLICTS OF INTEREST
A. Consultant shall at all times avoid conflicts of interest, or the appearance of conflicts of interest, in the performance of this Agreement.
XIX. INTERPRETATION
A. In the event of a conflict between the provisions of this Agreement, the Agreement together with its attachments shall take precedence. Notwithstanding the fact that one or more persons of this Agreement may have been drafted by one of the parties to this Agreement, such provisions shall be interpreted as though they were a product of a joint drafting effort and no provisions shall be interpreted against a party on the grounds that said party was solely or primarily responsible for drafting the language to be interpreted.
XX. STATEMENT OF ECONOMIC INTEREST
A. If City determines Consultant comes within the definition of Consultant under the Political Reform Act (Government Code Section 87100.1), Consultant shall complete and file and shall require any other person doing work under this Agreement to complete and file a “statement of Economic Interest” with City disclosing Consultant and/or such other person’s financial interests.
XXI. THIRD PARTY BENEFICIARIES
A. Nothing in this Agreement shall be construed to create, and the parties do not intend to create, any rights in third parties.
XXII. SEVERABILITY
A. If any term of this Agreement is held invalid by a court of competent jurisdiction, or arbitrator, the remainder of this Agreement shall remain in effect.
XXIII. NOTICES
Any notices to be given to the parties hereunder shall be addressed as follows (until notice of a different address is given to the parties):
CITY CONSULTANT
Rich Guillen Michael Rachel
City Administrator PO Box 5605
City Hall Carmel, CA 93921
PO Box CC
Carmel CA 93921
Any and all notices or other communications required or permitted relative to this Agreement shall be in writing and shall be deemed duly served and given when personally delivered to the parties to whom it is directed; or in lieu of such personal service, when deposited in the United States mail, first class, postage prepaid, addressed to CITY or to CONSULTANT at the addresses set forth above.
Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided for in the preceding paragraph.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written.
CITY OF CARMEL-BY-THE-SEA, MICHAEL RACHEL
CALIFORNIA
By: By:
____________________________ ____________________________
Rich Guillen, City Administrator MICHAEL RACHEL
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