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
Saturday, July 4, 2009
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
CITY COUNCIL: Resolution for Agreement with Burghardt + Doré Advertising, Inc. for Destination Marketing Services
Meeting Date: July 7, 2009
Prepared by: Joyce Giuffre, Admin Svcs Director
City Council
Agenda Item Summary
Name: 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.
Description: The City has a contract with Burghardt + Doré for destination marketing services. Jeff Burghardt of Burghardt + Doré has developed a marketing plan for the new fiscal year starting July 1, 2009 (see Exhibit “A”).
The City wishes to continue to contract with Burghardt + Doré for the fiscal period July 1, 2009 through June 30, 2010, per the attached agreement. The City’s approved
FY 2009/10 budget includes $128,750 for Regional Destination Marketing.
Overall Cost: City Funds: $128,750, to be funded from General Fund Account 01-85200.
Staff Recommendation: Staff recommends Council approve entering into an agreement with Burghardt + Doré Advertising, Inc. to provide destination marketing services, as outlined in Exhibit “A”.
Important Considerations: During FY 2008/09, Jeff Burghardt provided marketing services to the City through his firm, Burghardt+Doré. Prior to that time, he provided marketing services to the City through his previous firm, Anda-Burghardt.
Decision Record: 1) Resolution 2009-22 dated April 7, 2009, approving a destination contract with Burghardt + Doré; 2) Resolution 2008-43, dated July 1, 2008, approving a destination marketing contract with Anda/Burghardt Advertising.
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 ENTERING INTO AN AGREEMENT WITH BURGHARDT + DORÉ ADVERTISING, INC. FOR DESTINATION MARKETING SERVICES IN AN AMOUNT NOT TO EXCEED $128,750 IN FISCAL YEAR 2009/2010
WHEREAS, the City Council has approved funding for destination marketing services for Fiscal Year 2009/2010; and
WHEREAS, for its fiscal year 2009/10 marketing plans, the City desires to contract with Burghardt + Doré Advertising, Inc. effective July 1, 2009, for services as outlined in Exhibit “A”;
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 the Burghardt + Doré Advertising, Inc. agreement for fiscal year 2009/10 in an amount not to exceed $128,750 for destination marketing.
2. Authorize payment from the General Fund account 01-85200 for the professional services rendered.
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:
ABSTAIN: COUNCIL MEMBERS:
SIGNED:
_______________________
SUE McCLOUD, MAYOR
ATTEST:
______________________
Heidi Burch, City Clerk
AGREEMENT FOR CONSULTING SERVICES
THIS AGREEMENT is entered into on this 1st day of July 2009, by and between the CITY OF CARMEL-BY-THE-SEA, herein referred to as the "CITY") and Burghardt+Doré, Jeff Burghardt, President hereinafter referred to as "CONSULTANT".
W I T N E S S E T H
WHEREAS, the CITY has prepared a Destination Marketing Plan; and
WHEREAS, the CITY desires to retain the services of a qualified consultant to assist in the preparation of said Marketing Plan; and
WHEREAS, CONSULTANT represents that they are qualified to perform the services under this Agreement.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS:
1. SCOPE OF SERVICES
A. CONSULTANT shall perform all of the necessary services and prepare such reports as described as Scope of Services set forth in Exhibit “A” attached hereto and incorporated herein by this reference. Said services and all duties incidental or necessary thereto shall be performed diligently and competently and in accordance with professional standards of performance.
2. COMPENSATION
A. The CITY shall pay CONSULTANT for services in accordance with the detailed scope of work as shown in Exhibit “A” with this agreement an amount not to exceed one hundred twenty-eight thousand and seven hundred fifty dollars ($128,750) for Destination Marketing.
B. Payment of the invoice for services rendered will be made after acceptance and approval by the CITY within thirty (30) days of receipt by the City of such invoice.
3. 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 vest with the CITY.
B. Methodology, materials, software, logic and systems developed under this Agreement are the property of CONSULTANT and the CITY, and may be used as CONSULTANT and/or the CITY see fit, including the right to revise or publish the same without limitation.
4. GENERAL ADMINISTRATION AND MANAGEMENT
A. The City Administrator for the CITY shall have the primary administrative responsibility for the CITY under this Agreement, and shall review and approve Consultant’s invoices to the CITY under this Agreement.
B. The City Administrator for the CITY shall have primary responsibility for overseeing and directing Consultant’s preparation of the Scope of Services, and shall coordinate all communications with CONSULTANT from the CITY.
5. COMPLETION DATE
A. CONSULTANT shall make every reasonable effort to complete the listed Tasks according to the Scope of Services as set forth in Exhibit “A” and during Fiscal Year 2009/2010.
B. 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 their control, nor by factors which could not reasonably have been foreseen at the time of execution of this Agreement.
6. SUSPENSION/TERMINATION OF AGREEMENT
A. The right is reserved by the CITY or CONSULTANT to terminate or suspend this Agreement with or without cause at any time by giving twenty (20) day’s written notice to the other party. In that event, all finished or unfinished documents, date, studies, surveys, drawings, maps, models, photographs and reports, or other material prepared by CONSULTANT pursuant to this Agreement shall be delivered to the CITY; and CONSULTANT shall be entitled to receive just and equitable compensation for any satisfactory work completed on the project prior to the date of suspension or termination.
7. ASSIGNMENT
A. This Agreement may not be assigned or otherwise transferred by either party hereto without the prior written consent of the other party.
8. ADDITIONAL SERVICES
A. CONSULTANT may be requested to perform additional services beyond the original Scope of Services as defined in Exhibit “A”. Such additional services 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 Plan. Such work will be undertaken only upon written authorization of the CITY based upon an agreed amount of compensation.
9. 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.
10. 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 the CITY upon request. Within the limits and conditions of such insurance, CONSULTANT agrees to indemnify, protect, defend and name the CITY, its public officials, officers and employees as additional insured and hold harmless from any loss, damage or liability arising directly from 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 the 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.
11. INSURANCE
A. COVERAGES LIMITS OF LIABILITY
General Liability, including $1,000,000.00 each
Bodily Injury, Property Damage occurrence and Contractual Liability
Automobile Liability, including $1,000,000.00 each
Bodily Injury and Property occurrence Damage
B. WORKER’S COMPENSATION
CONSULTANT certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for
workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and it certifies that it will comply with such provisions before commencing performance under this Agreement.
12. INDEPENDENT CONTRACTOR
A. CONSULTANT is, and shall be at all times during the term of this Agreement, an independent contractor.
13. CONFLICTS OF INTEREST
A. CONSULTANT shall at all time avoid conflicts of interest, or the appearance of conflicts of interest, in the performance of this Agreement. CONSULTANT shall file statements of financial interest, on forms provided by the CITY, to the
extent and at the times required by the City’s Conflict of Interest Code and applicable law.
B. During the term of this Agreement, CONSULTANT shall not directly or indirectly, either as a partner, employer, employee, consultant, principal, agent or in any individual or representative capacity, engage or participate in any business or voluntary activity on behalf of any other party on any property located within the City without prior written permission of the City of Carmel-by-the-Sea.
C. During the term of this Agreement, CONSULTANT shall conduct all communications with non-governmental groups, agencies, or individuals, exclusively through the CITY.
14. NOTICES
A. Any notice to be given to the parties hereunder shall be addressed as follows (until notice of a different address is given to the parties):
THE CITY: Rich Guillen, City Administrator
City of Carmel-by-the-Sea
PO Box CC
Carmel-by-the-Sea, CA 93921
CONSULTANT: Jeff Burghardt, President
Burghardt+Doré
PO Box 223491
Carmel, CA 93922
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 either of the parties, CONSULTANT or the CITY, 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 CONSULTANT or to the CITY 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.
15. ATTORNEY’S FEES AND COURT VENUE
A. 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.
16. AGREEMENT CONTAINS ALL UNDERSTANDINGS: AMENDMENT
A. This document represents the entire and integrated Agreement between the CITY and CONSULTANT, and supersedes all prior negotiations, representations and agreements, either written or oral.
17. GOVERNING LAW
A. This Agreement shall be governed by the laws of the State of California.
18. SEVERABILITY
A. If any term of this Agreement is held invalid by a
court of competent jurisdiction the remainder of this Agreement shall remain in effect.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first hereinabove written.
CITY
By: ____________________________
Rich Guillen
City Administrator
CONSULTANT
By: __________________________
Jeff Burghardt, President
Burghardt+Doré
Its: __________________________
Exhibit A
2009-10 Destination Marketing
SCOPE OF SERVICES
Agency: Burghardt+Doré Advertising, Inc.
Strategy: Continue to build on the destination-marketing campaign to increase visitor business (i.e. room nights) and expand brand awareness of Carmel’s unique offerings. The integrated marketing will primarily target upscale consumers in core California markets, especially during the current economic conditions.
Recommendation:
We will launch a summer marketing blitz to capture market share of the core season due to economic conditions. In addition, we also plan to following: Market to the lucrative destination wedding industry; enhance the website with new, rich content that gives visitors an “insider’s view;” and continue to increase web traffic through ongoing marketing, advertising and public relations.
The following budget breakdown is recommended:
Marketing: $108,750
Public Relations: $20,000
TOTAL: $128,750
1) Marketing - Scope of Work:
• Market Research
• Marketing & Media Plan
• Promotional Campaigns (ads, direct mail, emarketing, and PR)
• Website Enhancements & Maintenance
• List Development & Direct Marketing
• Event Marketing, if required
2) Public Relations - Scope of Work
• Feature Stories
• Seasonal press releases
• Manage ongoing press requests and needs
3) Present quarterly reports to the Council
4) Submit written annual report
Prepared by: Joyce Giuffre, Admin Svcs Director
City Council
Agenda Item Summary
Name: 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.
Description: The City has a contract with Burghardt + Doré for destination marketing services. Jeff Burghardt of Burghardt + Doré has developed a marketing plan for the new fiscal year starting July 1, 2009 (see Exhibit “A”).
The City wishes to continue to contract with Burghardt + Doré for the fiscal period July 1, 2009 through June 30, 2010, per the attached agreement. The City’s approved
FY 2009/10 budget includes $128,750 for Regional Destination Marketing.
Overall Cost: City Funds: $128,750, to be funded from General Fund Account 01-85200.
Staff Recommendation: Staff recommends Council approve entering into an agreement with Burghardt + Doré Advertising, Inc. to provide destination marketing services, as outlined in Exhibit “A”.
Important Considerations: During FY 2008/09, Jeff Burghardt provided marketing services to the City through his firm, Burghardt+Doré. Prior to that time, he provided marketing services to the City through his previous firm, Anda-Burghardt.
Decision Record: 1) Resolution 2009-22 dated April 7, 2009, approving a destination contract with Burghardt + Doré; 2) Resolution 2008-43, dated July 1, 2008, approving a destination marketing contract with Anda/Burghardt Advertising.
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 ENTERING INTO AN AGREEMENT WITH BURGHARDT + DORÉ ADVERTISING, INC. FOR DESTINATION MARKETING SERVICES IN AN AMOUNT NOT TO EXCEED $128,750 IN FISCAL YEAR 2009/2010
WHEREAS, the City Council has approved funding for destination marketing services for Fiscal Year 2009/2010; and
WHEREAS, for its fiscal year 2009/10 marketing plans, the City desires to contract with Burghardt + Doré Advertising, Inc. effective July 1, 2009, for services as outlined in Exhibit “A”;
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 the Burghardt + Doré Advertising, Inc. agreement for fiscal year 2009/10 in an amount not to exceed $128,750 for destination marketing.
2. Authorize payment from the General Fund account 01-85200 for the professional services rendered.
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:
ABSTAIN: COUNCIL MEMBERS:
SIGNED:
_______________________
SUE McCLOUD, MAYOR
ATTEST:
______________________
Heidi Burch, City Clerk
AGREEMENT FOR CONSULTING SERVICES
THIS AGREEMENT is entered into on this 1st day of July 2009, by and between the CITY OF CARMEL-BY-THE-SEA, herein referred to as the "CITY") and Burghardt+Doré, Jeff Burghardt, President hereinafter referred to as "CONSULTANT".
W I T N E S S E T H
WHEREAS, the CITY has prepared a Destination Marketing Plan; and
WHEREAS, the CITY desires to retain the services of a qualified consultant to assist in the preparation of said Marketing Plan; and
WHEREAS, CONSULTANT represents that they are qualified to perform the services under this Agreement.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS:
1. SCOPE OF SERVICES
A. CONSULTANT shall perform all of the necessary services and prepare such reports as described as Scope of Services set forth in Exhibit “A” attached hereto and incorporated herein by this reference. Said services and all duties incidental or necessary thereto shall be performed diligently and competently and in accordance with professional standards of performance.
2. COMPENSATION
A. The CITY shall pay CONSULTANT for services in accordance with the detailed scope of work as shown in Exhibit “A” with this agreement an amount not to exceed one hundred twenty-eight thousand and seven hundred fifty dollars ($128,750) for Destination Marketing.
B. Payment of the invoice for services rendered will be made after acceptance and approval by the CITY within thirty (30) days of receipt by the City of such invoice.
3. 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 vest with the CITY.
B. Methodology, materials, software, logic and systems developed under this Agreement are the property of CONSULTANT and the CITY, and may be used as CONSULTANT and/or the CITY see fit, including the right to revise or publish the same without limitation.
4. GENERAL ADMINISTRATION AND MANAGEMENT
A. The City Administrator for the CITY shall have the primary administrative responsibility for the CITY under this Agreement, and shall review and approve Consultant’s invoices to the CITY under this Agreement.
B. The City Administrator for the CITY shall have primary responsibility for overseeing and directing Consultant’s preparation of the Scope of Services, and shall coordinate all communications with CONSULTANT from the CITY.
5. COMPLETION DATE
A. CONSULTANT shall make every reasonable effort to complete the listed Tasks according to the Scope of Services as set forth in Exhibit “A” and during Fiscal Year 2009/2010.
B. 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 their control, nor by factors which could not reasonably have been foreseen at the time of execution of this Agreement.
6. SUSPENSION/TERMINATION OF AGREEMENT
A. The right is reserved by the CITY or CONSULTANT to terminate or suspend this Agreement with or without cause at any time by giving twenty (20) day’s written notice to the other party. In that event, all finished or unfinished documents, date, studies, surveys, drawings, maps, models, photographs and reports, or other material prepared by CONSULTANT pursuant to this Agreement shall be delivered to the CITY; and CONSULTANT shall be entitled to receive just and equitable compensation for any satisfactory work completed on the project prior to the date of suspension or termination.
7. ASSIGNMENT
A. This Agreement may not be assigned or otherwise transferred by either party hereto without the prior written consent of the other party.
8. ADDITIONAL SERVICES
A. CONSULTANT may be requested to perform additional services beyond the original Scope of Services as defined in Exhibit “A”. Such additional services 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 Plan. Such work will be undertaken only upon written authorization of the CITY based upon an agreed amount of compensation.
9. 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.
10. 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 the CITY upon request. Within the limits and conditions of such insurance, CONSULTANT agrees to indemnify, protect, defend and name the CITY, its public officials, officers and employees as additional insured and hold harmless from any loss, damage or liability arising directly from 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 the 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.
11. INSURANCE
A. COVERAGES LIMITS OF LIABILITY
General Liability, including $1,000,000.00 each
Bodily Injury, Property Damage occurrence and Contractual Liability
Automobile Liability, including $1,000,000.00 each
Bodily Injury and Property occurrence Damage
B. WORKER’S COMPENSATION
CONSULTANT certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for
workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and it certifies that it will comply with such provisions before commencing performance under this Agreement.
12. INDEPENDENT CONTRACTOR
A. CONSULTANT is, and shall be at all times during the term of this Agreement, an independent contractor.
13. CONFLICTS OF INTEREST
A. CONSULTANT shall at all time avoid conflicts of interest, or the appearance of conflicts of interest, in the performance of this Agreement. CONSULTANT shall file statements of financial interest, on forms provided by the CITY, to the
extent and at the times required by the City’s Conflict of Interest Code and applicable law.
B. During the term of this Agreement, CONSULTANT shall not directly or indirectly, either as a partner, employer, employee, consultant, principal, agent or in any individual or representative capacity, engage or participate in any business or voluntary activity on behalf of any other party on any property located within the City without prior written permission of the City of Carmel-by-the-Sea.
C. During the term of this Agreement, CONSULTANT shall conduct all communications with non-governmental groups, agencies, or individuals, exclusively through the CITY.
14. NOTICES
A. Any notice to be given to the parties hereunder shall be addressed as follows (until notice of a different address is given to the parties):
THE CITY: Rich Guillen, City Administrator
City of Carmel-by-the-Sea
PO Box CC
Carmel-by-the-Sea, CA 93921
CONSULTANT: Jeff Burghardt, President
Burghardt+Doré
PO Box 223491
Carmel, CA 93922
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 either of the parties, CONSULTANT or the CITY, 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 CONSULTANT or to the CITY 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.
15. ATTORNEY’S FEES AND COURT VENUE
A. 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.
16. AGREEMENT CONTAINS ALL UNDERSTANDINGS: AMENDMENT
A. This document represents the entire and integrated Agreement between the CITY and CONSULTANT, and supersedes all prior negotiations, representations and agreements, either written or oral.
17. GOVERNING LAW
A. This Agreement shall be governed by the laws of the State of California.
18. SEVERABILITY
A. If any term of this Agreement is held invalid by a
court of competent jurisdiction the remainder of this Agreement shall remain in effect.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first hereinabove written.
CITY
By: ____________________________
Rich Guillen
City Administrator
CONSULTANT
By: __________________________
Jeff Burghardt, President
Burghardt+Doré
Its: __________________________
Exhibit A
2009-10 Destination Marketing
SCOPE OF SERVICES
Agency: Burghardt+Doré Advertising, Inc.
Strategy: Continue to build on the destination-marketing campaign to increase visitor business (i.e. room nights) and expand brand awareness of Carmel’s unique offerings. The integrated marketing will primarily target upscale consumers in core California markets, especially during the current economic conditions.
Recommendation:
We will launch a summer marketing blitz to capture market share of the core season due to economic conditions. In addition, we also plan to following: Market to the lucrative destination wedding industry; enhance the website with new, rich content that gives visitors an “insider’s view;” and continue to increase web traffic through ongoing marketing, advertising and public relations.
The following budget breakdown is recommended:
Marketing: $108,750
Public Relations: $20,000
TOTAL: $128,750
1) Marketing - Scope of Work:
• Market Research
• Marketing & Media Plan
• Promotional Campaigns (ads, direct mail, emarketing, and PR)
• Website Enhancements & Maintenance
• List Development & Direct Marketing
• Event Marketing, if required
2) Public Relations - Scope of Work
• Feature Stories
• Seasonal press releases
• Manage ongoing press requests and needs
3) Present quarterly reports to the Council
4) Submit written annual report
CITY COUNCIL: Resolution Extending Agreement with Monterey for Interim Fire Administration & Emergency Incident Management Services
Meeting Date: July 7, 2009
Prepared by: George Rawson, Public Safety Director
City Council
Agenda Item Summary
Name: 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.
Description: The City of Monterey has offered the City of Carmel-by-the-Sea an extension to the initial interim fire administration and emergency incident management (Duty Chief) services agreement through January 31, 2010. The initial agreement became effective on December 15, 2008 and expired on February 28, 2009. This agreement provided the City with the services previously rendered by the Pacific Grove Fire Department.
The initial agreement also allowed the City of Carmel-by-the-Sea time to evaluate the feasibility of a long-term contract with Monterey. On March 25, 2009, the City Council further reviewed this issue at a workshop where it received a staff report, heard public comment, and provided policy direction.
Overall Cost:
City Funds: FY 08-09: $11,250 per calendar month (current contract ending June 30, 2009)
FY 09-10: $13,500 per calendar month (beginning July 1, 2009)
The increase for the new contract is $2250.00 per month. Sufficient funds were appropriated in the adopted Fire Department FY 08-09 and FY 09-10 budget, Contractual Services (Account # 72053).
Staff Recommendation: Adopt the resolution.
Important Considerations: Refer to Exhibit “A” for details of the service agreement.
Decision Record: Resolution 2008-89, approving the initial agreement for interim Fire Administration and Emergency Incident Management.
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 EXTENDING THE AGREEMENT WITH THE CITY OF MONTEREY TO PROVIDE INTERIM FIRE ADMINISTRATION AND
EMERGENCY INCIDENT MANAGEMENT SERVICES
_______________________________________________________________
WHEREAS, the City of Carmel-by-the-Sea began contracting with the City of Monterey to receive interim Fire Administration and Emergency Incident Management (Duty Chief) Services on December 15, 2008; and
WHEREAS, the City of Monterey’s interim Fire Administration and Emergency Incident Management contract expired on February 28, 2009; and
WHEREAS, the City of Carmel-by-the-Sea desires continued assistance with administering the fire department, including Duty Chief services; and
WHEREAS, the City of Monterey has offered to extend the existing interim services agreement to January 31, 2010; and
WHEREAS, the City of Carmel-by-the-Sea will continue to compensate Monterey $11,250 per month to the end of June 30, 2009, and beginning July 1, 2009 the new monthly rate will be $13,500.
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 an extension to the interim Fire Services Agreement with the City of Monterey as specified in Exhibit “A” attached hereto.
2. Authorize funds from fire department account #01-72053 (Contractual Services) to be used to pay the City of Monterey for services related to this agreement.
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
EXHIBIT “A”
Amendment to Agreement to Provide Limited Fire Services between the Cities of Monterey and Carmel-By-The-Sea
The Agreement to Provide Interim Fire Administration and Emergency Incident Management Services between the Cities of Monterey and Carmel-by-the-Sea, entered into on December 31, 2008 (“Agreement”) by and between the CITY OF MONTEREY, a municipal corporation (hereinafter “Monterey”) and the CITY OF CARMEL-BY-THE-SEA, a municipal corporation (hereinafter “Carmel”), is hereby amended as follows:
ARTICLE I
TERM OF AGREEMENT
1.2 Extension of Term. The term of this Agreement is hereby amended to expire at 12:00 midnight on January 31, 2010. The term of this Agreement may be further extended by mutual agreement of the Parties conditioned upon joint commitment and good faith effort to develop and execute a successor agreement for full fire department services.
ARTICLE III
DUTIES OF CARMEL UNDER THIS AGREEMENT
3.1 Payment for Fire Services. Carmel agrees to compensate Monterey for all services provided pursuant to the terms and conditions of this Agreement as follows:
(a) Effective July 1, 2009, $13,500.00 per calendar month, prorated at $450.00 per day or any portion of a day, for services provided during any partial calendar month.
(b) Carmel agrees to remit to Monterey the monthly fee in arrears of services provided on or before the 15th day of each month. The initial monthly payment of $6,000.00 shall be due on or before January 15, 2009 for services provided from December 16, 2008 through December 31, 2008. Thereafter, monthly payments of $13,500.00 shall be due on or before the 15th of each calendar month.
* * * * * * * * * * * * * * *
This Amendment is authorized by Section 5.2 of the Agreement which permits amendment of the Agreement if mutual written consent of the signatory Parties is given. All remaining terms and conditions of the Agreement not specifically amended herein shall remain unchanged.
IN WITNESS WHEREOF, this Amendment is made and entered into this 1st day of July, 2009.
APPROVED AS TO FORM AND CONTENT:
By: _____________________
Don Freeman, City Attorney, City of Carmel-By-The-Sea
By:
Deborah Mall, City Attorney, City of Monterey
ADOPTED BY:
CITY OF CARMEL-BY-THE-SEA, A Municipal Corporation
By: Date:
Rich Guillen, City Administrator
CITY OF MONTEREY, A Municipal Corporation
By: Date:
Fred Meurer, City Manager
Prepared by: George Rawson, Public Safety Director
City Council
Agenda Item Summary
Name: 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.
Description: The City of Monterey has offered the City of Carmel-by-the-Sea an extension to the initial interim fire administration and emergency incident management (Duty Chief) services agreement through January 31, 2010. The initial agreement became effective on December 15, 2008 and expired on February 28, 2009. This agreement provided the City with the services previously rendered by the Pacific Grove Fire Department.
The initial agreement also allowed the City of Carmel-by-the-Sea time to evaluate the feasibility of a long-term contract with Monterey. On March 25, 2009, the City Council further reviewed this issue at a workshop where it received a staff report, heard public comment, and provided policy direction.
Overall Cost:
City Funds: FY 08-09: $11,250 per calendar month (current contract ending June 30, 2009)
FY 09-10: $13,500 per calendar month (beginning July 1, 2009)
The increase for the new contract is $2250.00 per month. Sufficient funds were appropriated in the adopted Fire Department FY 08-09 and FY 09-10 budget, Contractual Services (Account # 72053).
Staff Recommendation: Adopt the resolution.
Important Considerations: Refer to Exhibit “A” for details of the service agreement.
Decision Record: Resolution 2008-89, approving the initial agreement for interim Fire Administration and Emergency Incident Management.
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 EXTENDING THE AGREEMENT WITH THE CITY OF MONTEREY TO PROVIDE INTERIM FIRE ADMINISTRATION AND
EMERGENCY INCIDENT MANAGEMENT SERVICES
_______________________________________________________________
WHEREAS, the City of Carmel-by-the-Sea began contracting with the City of Monterey to receive interim Fire Administration and Emergency Incident Management (Duty Chief) Services on December 15, 2008; and
WHEREAS, the City of Monterey’s interim Fire Administration and Emergency Incident Management contract expired on February 28, 2009; and
WHEREAS, the City of Carmel-by-the-Sea desires continued assistance with administering the fire department, including Duty Chief services; and
WHEREAS, the City of Monterey has offered to extend the existing interim services agreement to January 31, 2010; and
WHEREAS, the City of Carmel-by-the-Sea will continue to compensate Monterey $11,250 per month to the end of June 30, 2009, and beginning July 1, 2009 the new monthly rate will be $13,500.
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 an extension to the interim Fire Services Agreement with the City of Monterey as specified in Exhibit “A” attached hereto.
2. Authorize funds from fire department account #01-72053 (Contractual Services) to be used to pay the City of Monterey for services related to this agreement.
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
EXHIBIT “A”
Amendment to Agreement to Provide Limited Fire Services between the Cities of Monterey and Carmel-By-The-Sea
The Agreement to Provide Interim Fire Administration and Emergency Incident Management Services between the Cities of Monterey and Carmel-by-the-Sea, entered into on December 31, 2008 (“Agreement”) by and between the CITY OF MONTEREY, a municipal corporation (hereinafter “Monterey”) and the CITY OF CARMEL-BY-THE-SEA, a municipal corporation (hereinafter “Carmel”), is hereby amended as follows:
ARTICLE I
TERM OF AGREEMENT
1.2 Extension of Term. The term of this Agreement is hereby amended to expire at 12:00 midnight on January 31, 2010. The term of this Agreement may be further extended by mutual agreement of the Parties conditioned upon joint commitment and good faith effort to develop and execute a successor agreement for full fire department services.
ARTICLE III
DUTIES OF CARMEL UNDER THIS AGREEMENT
3.1 Payment for Fire Services. Carmel agrees to compensate Monterey for all services provided pursuant to the terms and conditions of this Agreement as follows:
(a) Effective July 1, 2009, $13,500.00 per calendar month, prorated at $450.00 per day or any portion of a day, for services provided during any partial calendar month.
(b) Carmel agrees to remit to Monterey the monthly fee in arrears of services provided on or before the 15th day of each month. The initial monthly payment of $6,000.00 shall be due on or before January 15, 2009 for services provided from December 16, 2008 through December 31, 2008. Thereafter, monthly payments of $13,500.00 shall be due on or before the 15th of each calendar month.
* * * * * * * * * * * * * * *
This Amendment is authorized by Section 5.2 of the Agreement which permits amendment of the Agreement if mutual written consent of the signatory Parties is given. All remaining terms and conditions of the Agreement not specifically amended herein shall remain unchanged.
IN WITNESS WHEREOF, this Amendment is made and entered into this 1st day of July, 2009.
APPROVED AS TO FORM AND CONTENT:
By: _____________________
Don Freeman, City Attorney, City of Carmel-By-The-Sea
By:
Deborah Mall, City Attorney, City of Monterey
ADOPTED BY:
CITY OF CARMEL-BY-THE-SEA, A Municipal Corporation
By: Date:
Rich Guillen, City Administrator
CITY OF MONTEREY, A Municipal Corporation
By: Date:
Fred Meurer, City Manager
CITY COUNCIL: Resolution Challenging Constitutionality of Seizure by State of City's Street Maintenance & Redevelopment Funds
Meeting Date: July 7, 2009
Prepared by: Rich Guillen
City Council
Agenda Item Summary
Name: 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.
Description: A legal opinion released by the League of California Cities concludes that the proposed seizure of almost $1 billion in city and county motor vehicle, or gas, tax funds to help close the state’s budget deficit is unconstitutional.
The opinion, prepared a prominent Sacramento law firm reports that in both 1974 and 1998, voters imposed restrictions on the state’s ability to use gas taxes for debt service on bonds and to divert local gas taxes for the state general fund—precisely what has been proposed by state leaders.
The proposed action risks the safety of all Californians who use the local streets and roads that make up the more than 80 percent of the state’s road system. Loss of the gas tax funds will seriously affect the ability of cities to perform critical safety related street maintenance such as street patching and resurfacing, street sweeping, street light and traffic signal maintenance,bridge maintenance and repair, sidewalk and curb ramp maintenance and repair, and much more.
Without these funds, many cities must eliminate part or all of their street maintenance operations and cut back in police and fire services to pay for basic street repair and maintenance. Poorly maintained streets will mean delays in emergency response times and increased costs for drivers whose vehicle repairs will rise because of worsening street and road conditions.
Overall Cost: N/A
Staff Recommendation: Adopt the Resolution.
Important Considerations: Beyond the immediate public safety concerns that would result from loss of street maintenance funds are the environmental impacts of this proposal. Reductions in street sweeping and worsening road conditions will mean increased water pollution runoff to nearby streams and the ocean, longer car idling times, higher greenhouse gas emissions and more respiratory problems for vulnerable populations.
Decision Record: None
Reviewed by:
______________________________ _________________
Rich Guillen, City Administrator Date
CITY OF CARMEL-BY-THE-SEA
RESOLUTION 2009–
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA SUPPORTING THE LEAGUE OF CALIFORNIA CITIES, THE CALIFORNIA REDEVELOPMENT ASSOCIATION, AND OTHER CITIES AND COUNTIES IN CHALLENGING THE CONSTITUTIONALITY OF ANY SEIZURE BY STATE GOVERNMENT OF THE CITY’S STREET MAINTENANCE AND REDEVELOPMENT FUNDS
WHEREAS, the current economic crisis has placed cities under incredible financial pressure and caused them to make painful budget cuts, including layoffs and furloughs of city workers, decreasing maintenance and operations of public facilities, and reductions in direct services to keep spending in line with declining revenues; and
WHEREAS, since the early 1990s the state government of California has seized over $10 billion of city property tax revenues statewide, now amounting to over $900 million each year to fund the state budget even after deducting public safety program payments to cities by the state; and
WHEREAS, since the early 1990s the state government also has seized $ 1.04 billion of redevelopment tax increment statewide, and the Governor and Legislature are now considering seizing $350 million each year for three years, beginning in the current fiscal year; and
WHEREAS, on April 30, 2009, in the case of CRA v. Genest, the Sacramento Superior Court found similar efforts by the State to seize redevelopment tax increment for the state general fund to be in direct violation of Article XVI, Section 16 of the State Constitution, added by the voters in 1952 as Proposition 18, which requires that tax increment be used exclusively for the benefit of redevelopment project areas; and
WHEREAS, in his proposed FY 2009-10 budget the Governor has proposed transferring $1 billion of local gas taxes and weight fees to the state general fund to balance the state budget, and over $700 million in local gas taxes permanently in future years, immediately jeopardizing the ability of the City to maintain the City’s streets, bridges, traffic signals, streetlights, sidewalks and related traffic safety facilities for the use of the motoring public; and
WHEREAS, the loss of almost all of cities’ gas tax funds will seriously compromise cities’ ability to perform critical traffic safety related street maintenance, possibly including, but not limited to, drastically curtailing patching, resurfacing, street lighting/traffic signal maintenance, payment of electricity costs for street lights and signals, bridge maintenance and repair, sidewalk and curb ramp maintenance and repair, and more; and
WHEREAS, cities and counties maintain 81% of the state road network while the state directly maintains just 8%, and according to a recent statewide needs assessment1 on a scale of zero (failed) to 100 (excellent), the statewide average pavement condition index (PCI) is 68, or “at risk.”
WHEREAS, in both Proposition 5 in 1974 and Proposition 2 in 1998, the voters of our state overwhelmingly imposed restrictions on the state’s ability to do what the Governor has proposed and the Legislature is considering, and any effort to permanently divert the local share of the gas tax would violate the state constitution and the will of the voters.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA hereby directs the City Attorney to take all necessary steps to cooperate with the League of California Cities, California Redevelopment Association, other cities, counties and redevelopment agencies in supporting litigation against the state of California if the legislature enacts and the governor signs into law legislation that unconstitutionally diverts the redevelopment tax increment and the City’s share of funding from the Highway Users Tax Account (HUTA), also known as the “gas tax,” to fund the state general fund; and
RESOLVED FURTHER, that the City Clerk shall send this resolution with an accompanying letter from the mayor to the Governor and each of the city’s state legislators, informing them in the clearest of terms of the City’s adamant resolve to oppose any effort to frustrate the will of the electorate as expressed in Proposition 18, Proposition 5 and Proposition 2 (1998) concerning the proper use and allocation of the redevelopment tax increment and the gas tax; and
1 California Statewide Local Streets and Roads Needs Assessment, Nichols Consulting Engineers, Chtd. (2008), sponsored by the League of California Cities, California State Association of Counties and County Engineers Association of California.
RESOLVED FURTHER, that a copy of this Resolution shall be sent by the City Clerk to the League of California Cities, the California Redevelopment Association, the local chamber of commerce, and other community groups whose members are affected by this proposal to divert funds from vital local services and projects.
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
Prepared by: Rich Guillen
City Council
Agenda Item Summary
Name: 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.
Description: A legal opinion released by the League of California Cities concludes that the proposed seizure of almost $1 billion in city and county motor vehicle, or gas, tax funds to help close the state’s budget deficit is unconstitutional.
The opinion, prepared a prominent Sacramento law firm reports that in both 1974 and 1998, voters imposed restrictions on the state’s ability to use gas taxes for debt service on bonds and to divert local gas taxes for the state general fund—precisely what has been proposed by state leaders.
The proposed action risks the safety of all Californians who use the local streets and roads that make up the more than 80 percent of the state’s road system. Loss of the gas tax funds will seriously affect the ability of cities to perform critical safety related street maintenance such as street patching and resurfacing, street sweeping, street light and traffic signal maintenance,bridge maintenance and repair, sidewalk and curb ramp maintenance and repair, and much more.
Without these funds, many cities must eliminate part or all of their street maintenance operations and cut back in police and fire services to pay for basic street repair and maintenance. Poorly maintained streets will mean delays in emergency response times and increased costs for drivers whose vehicle repairs will rise because of worsening street and road conditions.
Overall Cost: N/A
Staff Recommendation: Adopt the Resolution.
Important Considerations: Beyond the immediate public safety concerns that would result from loss of street maintenance funds are the environmental impacts of this proposal. Reductions in street sweeping and worsening road conditions will mean increased water pollution runoff to nearby streams and the ocean, longer car idling times, higher greenhouse gas emissions and more respiratory problems for vulnerable populations.
Decision Record: None
Reviewed by:
______________________________ _________________
Rich Guillen, City Administrator Date
CITY OF CARMEL-BY-THE-SEA
RESOLUTION 2009–
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA SUPPORTING THE LEAGUE OF CALIFORNIA CITIES, THE CALIFORNIA REDEVELOPMENT ASSOCIATION, AND OTHER CITIES AND COUNTIES IN CHALLENGING THE CONSTITUTIONALITY OF ANY SEIZURE BY STATE GOVERNMENT OF THE CITY’S STREET MAINTENANCE AND REDEVELOPMENT FUNDS
WHEREAS, the current economic crisis has placed cities under incredible financial pressure and caused them to make painful budget cuts, including layoffs and furloughs of city workers, decreasing maintenance and operations of public facilities, and reductions in direct services to keep spending in line with declining revenues; and
WHEREAS, since the early 1990s the state government of California has seized over $10 billion of city property tax revenues statewide, now amounting to over $900 million each year to fund the state budget even after deducting public safety program payments to cities by the state; and
WHEREAS, since the early 1990s the state government also has seized $ 1.04 billion of redevelopment tax increment statewide, and the Governor and Legislature are now considering seizing $350 million each year for three years, beginning in the current fiscal year; and
WHEREAS, on April 30, 2009, in the case of CRA v. Genest, the Sacramento Superior Court found similar efforts by the State to seize redevelopment tax increment for the state general fund to be in direct violation of Article XVI, Section 16 of the State Constitution, added by the voters in 1952 as Proposition 18, which requires that tax increment be used exclusively for the benefit of redevelopment project areas; and
WHEREAS, in his proposed FY 2009-10 budget the Governor has proposed transferring $1 billion of local gas taxes and weight fees to the state general fund to balance the state budget, and over $700 million in local gas taxes permanently in future years, immediately jeopardizing the ability of the City to maintain the City’s streets, bridges, traffic signals, streetlights, sidewalks and related traffic safety facilities for the use of the motoring public; and
WHEREAS, the loss of almost all of cities’ gas tax funds will seriously compromise cities’ ability to perform critical traffic safety related street maintenance, possibly including, but not limited to, drastically curtailing patching, resurfacing, street lighting/traffic signal maintenance, payment of electricity costs for street lights and signals, bridge maintenance and repair, sidewalk and curb ramp maintenance and repair, and more; and
WHEREAS, cities and counties maintain 81% of the state road network while the state directly maintains just 8%, and according to a recent statewide needs assessment1 on a scale of zero (failed) to 100 (excellent), the statewide average pavement condition index (PCI) is 68, or “at risk.”
WHEREAS, in both Proposition 5 in 1974 and Proposition 2 in 1998, the voters of our state overwhelmingly imposed restrictions on the state’s ability to do what the Governor has proposed and the Legislature is considering, and any effort to permanently divert the local share of the gas tax would violate the state constitution and the will of the voters.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA hereby directs the City Attorney to take all necessary steps to cooperate with the League of California Cities, California Redevelopment Association, other cities, counties and redevelopment agencies in supporting litigation against the state of California if the legislature enacts and the governor signs into law legislation that unconstitutionally diverts the redevelopment tax increment and the City’s share of funding from the Highway Users Tax Account (HUTA), also known as the “gas tax,” to fund the state general fund; and
RESOLVED FURTHER, that the City Clerk shall send this resolution with an accompanying letter from the mayor to the Governor and each of the city’s state legislators, informing them in the clearest of terms of the City’s adamant resolve to oppose any effort to frustrate the will of the electorate as expressed in Proposition 18, Proposition 5 and Proposition 2 (1998) concerning the proper use and allocation of the redevelopment tax increment and the gas tax; and
1 California Statewide Local Streets and Roads Needs Assessment, Nichols Consulting Engineers, Chtd. (2008), sponsored by the League of California Cities, California State Association of Counties and County Engineers Association of California.
RESOLVED FURTHER, that a copy of this Resolution shall be sent by the City Clerk to the League of California Cities, the California Redevelopment Association, the local chamber of commerce, and other community groups whose members are affected by this proposal to divert funds from vital local services and projects.
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
CITY COUNCIL: Ordinance Calling & Fixing Date of Special Election on Vote on Discontinuance & Abandonment of Flanders Mansion Property as Parkland
Meeting Date: 7 July 2009
Prepared by: Rich Guillen, City Administrator
City Council
Agenda Item Summary
Name: 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).
Description: This Ordinance will set a special election to allow the City electors to vote on the discontinuance and abandonment of the Flanders Mansion Property as ublic Park Land.
Overall Cost:
City Funds: N/A
Grant Funds: N/A
Staff Recommendation: Adopt the Ordinance.
Important Considerations: If the protests are overridden, the Council may then adopt an Ordinance calling for a special election. The Ordinance identifies the property and specifies the date of the election.
Decision Record: City Council approved this Ordinance upon first reading at its special meeting held on June 16, 2009.
Reviewed by:
__________________________ _____________________
Rich Guillen, City Administrator Date
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
ORDINANCE 2009-
AN ORDINANCE OF THE CITY COUNCIL 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)
________________________________________________________________________
WHEREAS, the City Council has determined that the parkland known as the Flanders Mansion property is no longer necessary for the City’s use; and
WHEREAS, the public interest or convenience requires the discontinuance of the use of the Flanders Mansion Property as parkland; and
WHEREAS, in accordance with California State Statutes, discontinuance of public park land requires public notice, an opportunity for protests at a public hearing and a subsequent vote of the electorate if the protests are overruled; and
WHEREAS, the City scheduled a protest hearing for 16 June 2009 and provided public notice through publication twice in the in the Carmel Pine Cone on May 15 and 22, 2009, physical posting of the property a minimum of every 300 feet around the perimeter beginning May 14, 2009, and posting of notice at City Hall, the Harrison Memorial Library and the Post Office; and
WHEREAS, the City Council held a protest hearing on 16 June 2009 and has carefully considered all written and oral testimony received at, and prior to, the hearing; and
WHEREAS, the City Council has determined to overrule all protests by a two-thirds majority vote.
NOW, THEREFORE, the City Council of the City of Carmel-by-the-Sea does hereby ordain as follows:
Section One. Call Special Election. A special election is hereby called to put to a vote of the City’s electors the question of whether the use of that specific public park land known as the Flanders Mansion Property should be discontinued and abandoned. The specific property subject to this action is an approximately 1.252 acre parcel located at 25800 Hatton Road in Carmel, Monterey County, California and situated within the Mission Trail Nature Preserve (APN 010-061-005).
Section Two. Date of Election. The election is hereby called, and will take place on 3 November 2009.
Section Three. Severability. If any part of this ordinance, even as small as a word or phrase, is found to be unenforceable such finding shall not affect the enforceability of any other part.
Section Four. Effective Date. This ordinance shall become effective 30 days after final adoption.
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
Prepared by: Rich Guillen, City Administrator
City Council
Agenda Item Summary
Name: 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).
Description: This Ordinance will set a special election to allow the City electors to vote on the discontinuance and abandonment of the Flanders Mansion Property as ublic Park Land.
Overall Cost:
City Funds: N/A
Grant Funds: N/A
Staff Recommendation: Adopt the Ordinance.
Important Considerations: If the protests are overridden, the Council may then adopt an Ordinance calling for a special election. The Ordinance identifies the property and specifies the date of the election.
Decision Record: City Council approved this Ordinance upon first reading at its special meeting held on June 16, 2009.
Reviewed by:
__________________________ _____________________
Rich Guillen, City Administrator Date
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
ORDINANCE 2009-
AN ORDINANCE OF THE CITY COUNCIL 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)
________________________________________________________________________
WHEREAS, the City Council has determined that the parkland known as the Flanders Mansion property is no longer necessary for the City’s use; and
WHEREAS, the public interest or convenience requires the discontinuance of the use of the Flanders Mansion Property as parkland; and
WHEREAS, in accordance with California State Statutes, discontinuance of public park land requires public notice, an opportunity for protests at a public hearing and a subsequent vote of the electorate if the protests are overruled; and
WHEREAS, the City scheduled a protest hearing for 16 June 2009 and provided public notice through publication twice in the in the Carmel Pine Cone on May 15 and 22, 2009, physical posting of the property a minimum of every 300 feet around the perimeter beginning May 14, 2009, and posting of notice at City Hall, the Harrison Memorial Library and the Post Office; and
WHEREAS, the City Council held a protest hearing on 16 June 2009 and has carefully considered all written and oral testimony received at, and prior to, the hearing; and
WHEREAS, the City Council has determined to overrule all protests by a two-thirds majority vote.
NOW, THEREFORE, the City Council of the City of Carmel-by-the-Sea does hereby ordain as follows:
Section One. Call Special Election. A special election is hereby called to put to a vote of the City’s electors the question of whether the use of that specific public park land known as the Flanders Mansion Property should be discontinued and abandoned. The specific property subject to this action is an approximately 1.252 acre parcel located at 25800 Hatton Road in Carmel, Monterey County, California and situated within the Mission Trail Nature Preserve (APN 010-061-005).
Section Two. Date of Election. The election is hereby called, and will take place on 3 November 2009.
Section Three. Severability. If any part of this ordinance, even as small as a word or phrase, is found to be unenforceable such finding shall not affect the enforceability of any other part.
Section Four. Effective Date. This ordinance shall become effective 30 days after final adoption.
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
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