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2018 08 07 CCCITY COUNCIL AGENDA 1 AUGUST 7, 2018 CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBER 78495 Calle Tampico, La Quinta TUESDAY, AUGUST 7, 2018 3:00 P.M. CLOSED SESSION | 4:00 P.M. OPEN SESSION CALL TO ORDER ROLL CALL: Councilmembers: Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA At this time, members of the public may address the City Council and Housing Authority any matter not listed on the agenda. Please complete a "Request to Speak" form and limit your comments to three minutes. The City Council and Housing Authority value your comments; however in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by GC 54954.2(b). CONFIRMATION OF AGENDA CLOSED SESSION 1.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT: SILVERROCK RESORT (APNs 770-200-026; 776-150-021; 776-150- 023; 770-060-056; 770-060-057; 770-060-058; 770-060-059; 770- 060-061; 770-060-062; 777-490-004; 777-490-006; 777-490-007; 777-490-012 AND 777-490-014 CITY NEGOTIATOR: FRANK J. SPEVACEK, CITY MANAGER NEGOTIATING PARTIES: ROBERT S. GREEN, SILVERROCK DEVELOPMENT COMPANY UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT FOR THE SALE OF REAL PROPERTY City Council agendas and staff reports are available on the City’s web page: www.LaQuintaCA.gov CITY COUNCIL AGENDA 2 AUGUST 7, 2018 RECESS TO CLOSED SESSION RECONVENE AT 4:00 P.M. REPORT ON ACTION(S) TAKEN IN CLOSED SESSION – CITY COUNCIL PLEDGE OF ALLEGIANCE PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA At this time, members of the public may address the City Council and Housing Authority on any matter not listed on the agenda. Please complete a "Request to Speak" form and limit your comments to three minutes. The City Council and Housing Authority value your comments; however in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by GC 54954.2(b). ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. PROCLAMATION HONORING LA QUINTA POLICE DEPARTMENT VOLUNTEER GENE SALUTE 2. COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FISCAL YEAR 2016/17 AWARD OF FINANCIAL REPORTING ACHIEVEMENT 3. PROCLAMATION DECLARING SEPTEMBER AS EMPLOYMENT MONTH FOR LA QUINTA IN SUPPORT OF THE 23RD VALLEY-WIDE EMPLOYMENT EXPO 4. INTRODUCE DESIGN AND DEVELOPMENT DIRECTOR DELFIN (DANNY) CASTRO JR. RECESS TO HOUSING AUTHORITY SPECIAL MEETING RECONVENE AFTER HOUSING AUTHORITY MEETING CONSENT CALENDAR NOTE: Consent Calendar items are routine in nature and can be approved by one motion. PAGE 1. APPROVE MINUTES OF JULY 17, 2018 9 CITY COUNCIL AGENDA 3 AUGUST 7, 2018 2. ADOPT ORDINANCE NO. 575 ON SECOND READING AMENDING CHAPTER 2.60 OF THE LA QUINTA MUNICIPAL CODE RELATING TO THE CONFLICT OF INTEREST CODE 23 3. AUTHORIZE OVERNIGHT TRAVEL FOR FINANCE DIRECTOR TO ATTEND THE GOVERNMENT FINANCE OFFICERS ASSOCIATION ADVANCED FINANCIAL REPORTING TRAINING IN SACRAMENTO, CALIFORNIA, AUGUST 21-23, 2018 31 4. AUTHORIZE OVERNIGHT TRAVEL FOR THE HUMAN RESOURCES MANAGER AND MARKETING MANAGEMENT COORDINATOR TO ATTEND LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE IN LONG BEACH, CALIFORNIA, SEPTEMBER 12-13, 2018 33 5. AUTHORIZE OVERNIGHT TRAVEL FOR TWO TRAFFIC SIGNAL TECHNICIANS TO ATTEND INTERNATIONAL MUNICIPAL SIGNAL ASSOCIATION CERTIFICATION CLASSES IN ONTARIO, CALIFORNIA, OCTOBER 15-18, 2018 35 6. APPROVE DEMAND REGISTERS DATED JULY 13 AND 20, 2018 37 7. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORTS DATED MAY 31, 2018 57 8. ADOPT RESOLUTION TO APPROVE CAPITAL ASSET POLICY [RESOLUTION NO. 2018-042] 63 9. APPROVE ESTABLISHMENT OF AN INVESTMENT ACCOUNT WITH THE CALIFORNIA ASSET MANAGEMENT PROGRAM 71 10. ADOPT RESOLUTION TO EXTEND TIME TO COMPLETE OFF- SITE AND ON-SITE IMPROVEMENTS FOR A THREE LOT SUBDIVISION (PARCEL MAP NO. 33954) LOCATED NORTH OF CALLE AMIGO AND EAST OF AVENIDA BERMUDAS [RESOLUTION NO. 2018-043] 77 11. APPROVE SIX LEASE AGREEMENTS WITH ENTERPRISE FLEET MANAGEMENT AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENTS 85 CITY COUNCIL AGENDA 4 AUGUST 7, 2018 12. APPROVE AMENDMENT NO. 4 TO PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL BAKER INTERNATIONAL TO PREPARE THE PLANS, SPECIFICATIONS, AND ENGINEER’S ESTIMATE FOR THE EISENHOWER DRIVE RETENTION BASIN IMPROVEMENTS PROJECT NO. 2015-12B 89 13. APPROVE FIRST AMENDMENTS TO PROFESSIONAL SERVICES AGREEMENTS WITH MSA CONSULTING, INC AND NV5, INC FOR ON-CALL CONSTRUCTION SURVEYING SERVICES 103 14. APPROVE FIRST AMENDMENTS TO PROFESSIONAL SERVICES AGREEMENTS WITH LANDMARK CONSULTANTS, INC AND GEOCON WEST, INC FOR ON-CALL CONSTRUCTION MATERIALS TESTING SERVICES 113 15. APPROVE AGREEMENTS FOR CONTRACT SERVICES WITH HR GREEN PACIFIC, INTERWEST CONSULTING, AND ESGIL CORPORATION FOR ON-CALL BUILDING CODE PLAN REVIEW AND INSPECTION SERVICES 123 16. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH WILDAN ENGINEERING, INC FOR CONTRACT TRAFFIC ENGINEERING SERVICES 221 17. APPROVE AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH HENSON CONSULTING GROUP FOR LEADERSHIP DEVELOPMENT AND TRAINING PROGRAMS 259 18. ADOPT RESOLUTION TO APPROVE A POLICY ESTABLISHING THE PROCEDURES AND CRITERIA FOR INDIGENT STATUS DETERMINATION AS IT PERTAINS TO PERSON SEEKING PAYMENT PLAN OPTIONS FOR PARKING VIOLATIONS, PURSUANT TO ASSEMBLY BILL 503 (LAKEY) [RESOLUTION NO. 2018-044] 269 19. AUTHORIZE CONTRACTING WITH DESERT CONCEPTS FOR UP TO $100,000 OF WORK FOR FISCAL YEAR 2018/19 WHEN DESERT CONCEPTS IS THE QUALIFIED AND/OR LOWEST BID 293 20. AUTHORIZE SUBMISSION OF A GRANT APPLICATION FOR NATIONAL ENDOWMENT FOR THE ARTS’ OUR TOWN CREATIVE PLACEMAKING PROGRAM 295 CITY COUNCIL AGENDA 5 AUGUST 7, 2018 BUSINESS SESSION 1. APPROVE SILVERROCK VENUE SITE MASTER PLAN AND ADOPT RESOLUTION TO APPROVE SITE DEVELOPMENT PERMIT 2018-0006, INCLUDING SITE, ARCHITECTURAL, AND LANDSCAPING PLANS FOR AN APPROXIMATELY 14-ACRE PASSIVE PARK VENUE WITHIN PLANNING AREA 11 OF THE SILVERROCK SPECIFIC PLAN; PROJECT: SILVERROCK EVENT SITE; CEQA: CONSISTENT WITH ENVIRONMENTAL ASSESSMENT 20147-1003, NO FURTHER REVIEW REQUIRED [RESOLUTION NO. 2018-045] 305 STUDY SESSION – NONE PUBLIC HEARINGS – after 5:00 p.m. For all Public Hearings on the agenda, a completed “Request to Speak” form must be filed with the City Clerk prior to consideration of that item. A person may submit written comments to City Council before a public hearing or appear in support or opposition to the approval of a project(s). If you challenge a project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City at, or prior to the public hearing. 1. ADOPT RESOLUTION TO UPDATE THE CITY’S USER AND REGULATORY MASTER FEE SCHEDULE [RESOLUTION NO. 2018-046] 367 2. INTRODUCE AN ORDINANCE AMENDING CHAPTER 3.33 OF THE LA QUINTA MUNICIPAL CODE AND ADOPT RESOLUTION RELATING TO THE COLLECTION OF TRANSPORTATION UNIFORM MITIGATION FEE [ORDINANCE 576 AND RESOLUTION NO. 2018-047] 469 DEPARTMENTAL REPORTS 1. CITY MANAGER 2. CITY ATTORNEY  PROPOSED STATE REGULATION – CANNABIS DELIVERY IN CITIES 509 3. CITY CLERK 4. COMMUNITY RESOURCES 5. DESIGN AND DEVELOPMENT A. 2020 U.S. CENSUS INCENTIVE FUND AWARD B. JUNE 2018 MONTHLY REPORT 513 515 6. FACILITIES CITY COUNCIL AGENDA 6 AUGUST 7, 2018 7. FINANCE 8. POLICE 9. FIRE MAYOR’S AND COUNCIL MEMBERS’ ITEMS REPORTS AND INFORMATIONAL ITEMS 1. CVAG COACHELLA VALLEY CONSERVATION COMMISSION (Evans) 2. CVAG ENERGY AND ENVIRONMENTAL RESOURCES COMMITTEE (Evans) 3. CVAG EXECUTIVE COMMITTEE (Evans) 4. GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU (Evans) 5. LEAGUE OF CALIFORNIA CITIES DELEGATE (Evans) 6. COACHELLA VALLEY WATER DISTRICT JOINT POLICY COMMITTEE (Evans) 7. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (Evans) 8. ECONOMIC DEVELOPMENT SUBCOMMITTEE (Evans & Radi) 9. COACHELLA VALLEY MOUNTAINS CONSERVANCY (Fitzpatrick) 10. DESERT RECREATION DISTRICT COMMITTEE (Fitzpatrick and Radi) 11. COACHELLA VALLEY UNIFIED SCHOOL DISTRICT COMMITTEE (Fitzpatrick and Peña) 12. CHAMBER OF COMMERCE INFO EXCHANGE COMMITTEE (Fitzpatrick) 13. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (Fitzpatrick) 14. SILVERROCK EVENT SITE AD HOC COMMITTEE (Fitzpatrick) 15. CANNABIS AD HOC COMMITTEE (Peña and Sanchez) 16. CVAG PUBLIC SAFETY COMMITTEE (Peña) 17. EAST VALLEY COALITION (Peña) 18. CVAG VALLEY-WIDE HOMELESSNESS COMMITTEE (Peña) 19. JACQUELINE COCHRAN REGIONAL AIRPORT AUTHORITY (Peña) 20. LEAGUE OF CALIFORNIA CITIES – PUBLIC SAFETY POLICY COMMITTEE (Peña) 21. COACHELLA VALLEY ECONOMIC PARTNERSHIP (Radi) 22. CVAG TRANSPORTATION COMMITTEE (Radi) 23. SUNLINE TRANSIT AGENCY (Radi) 24. CITYWIDE SECURITY CAMERAS AD HOC COMMITTEE (Radi) 25. DESERT SANDS UNIFIED SCHOOL DISTRICT COMMITTEE (Radi and Sanchez) 26. ANIMAL CAMPUS COMMISSION (Sanchez) 27. IID ENERGY CONSUMERS’ ADVISORY COMMITTEE (Sanchez) 28. LEAGUE OF CALIFORNIA CITIES/TRANSPORTATION & LABOR POLICY (Sanchez) 29. RIVERSIDE LOCAL AGENCY FORMATION COMMISSION (Sanchez) 30. FINANCIAL ADVISORY COMMISSION MINUTES DATED JUNE 13, 2018 519 ADJOURNMENT CITY COUNCIL AGENDA 7 AUGUST 7, 2018 ********************************* NOTICE: THE REGULAR CITY COUNCIL MEETINGS OF AUGUST 21 AND SEPTEMBER 4, 2018, HAVE BEEN CANCELLED The next regular meeting of the City Council will be held on September 18, 2018, at 4:00 p.m. at the City Hall Council Chambers, 78495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Monika Radeva, Acting City Clerk, of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta City Council meeting was posted on the City’s website, near the entrance to the Council Chambers at 78495 Calle Tampico, and the bulletin boards at the Stater Brothers Supermarket at 78630 Highway 111, and the La Quinta Cove Post Office at 51321 Avenida Bermudas, on August 3, 2018. DATED: August 3, 2018 MONIKA RADEVA, Acting City Clerk City of La Quinta, California Public Notices  The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk’s office at (760) 777-7092, twenty-four (24) hours in advance of the meeting and accommodations will be made.  If special electronic equipment is needed to make presentations to the City Council, arrangements should be made in advance by contacting the City Clerk’s office at (760) 777-7092. A one (1) week notice is required.  If background material is to be presented to the Councilmembers during a City Council meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this take place prior to the beginning of the meeting.  Any writings or documents provided to a majority of the City Council regarding any item(s) on this agenda will be made available for public inspection at the Community Development counter at City Hall located at 78495 Calle Tampico, La Quinta, California, 92253, during normal business hours. 8 CITY COUNCIL MINUTES Page 1 of 13 JULY 17, 2018 CITY COUNCIL MINUTES TUESDAY, JULY 17, 2018 CALL TO ORDER A regular meeting of the La Quinta City Council was called to order at 3:30 p.m. by Mayor Evans. PRESENT: Councilmembers Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans ABSENT: None PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None CONFIRMATION OF AGENDA Acting City Clerk Radeva stated that City Attorney Ihrke will make a verbal announcement before Consent Calendar Item Nos. 9 through 12 are voted upon pursuant to Government Code Section 54953(c)(3). City Attorney Ihrke requested that Consent Calendar Item Nos. 9 through 12 be pulled for a separate vote. Mayor Evans said the motion for Consent Calendar Item No. 5 will be amended to state Human Resources Manager instead of Community Resources Manager. Mayor Evans said an announcement will be added as Item No. 5 under the Announcements, Presentations, and Written Communications section of the Agenda to introduce new City Staff. Council concurred. CLOSED SESSION 1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED AT: SILVERROCK RESORT (APNs 770-200-026; 776- 150-021; 776-150-023; 770-060-056; 770-060-057; 770-060- 058; 770-060-059; 770-060-061; 770-060-062; 777-490-004; 777-490-006; 777-490-007; 777-490-012 AND 777-490-014 CONSENT CALENDAR ITEM NO. 1 9 CITY COUNCIL MINUTES Page 2 of 13 JULY 17, 2018 CITY NEGOTIATOR: CHRIS ESCOBEDO, ACTING CITY MANAGER NEGOTIATING PARTIES: ROBERT S. GREEN, SILVERROCK DEVELOPMENT COMPANY UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT FOR THE SALE OF REAL PROPERTY COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:32 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:00 P.M. WITH ALL MEMBERS PRESENT REPORT ON ACTION(S) TAKEN IN CLOSED SESSION: City Attorney Ihrke reported that Council recessed the Closed Session and will reconvene again after the Open Session portion of the meeting. PLEDGE OF ALLEGIANCE Councilmember Sanchez led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA PUBLIC SPEAKER: Ms. Alena Callimanis, La Quinta – expressed concerns about the lack of street improvements along Madison Street and Avenue 60 and presented a PowerPoint presentation depicting bicyclists riding west on the eastbound side of Avenue 60 due to safety concerns; and submitted for the record a Trilogy Resident Petition signed by 360 residents requesting that the City take immediate action to resolve the safety, health, and aesthetic concerns associated with the lack of roadway and landscaping improvements along Madison Street and Avenue 60 across from the Trilogy residential development. PUBLIC SPEAKER: Mr. Dale Tyerman, La Quinta – expressed his sincere gratitude to Staff and Council for their active engagement, time, and efforts in trying to identify resolutions for the lack of roadway and landscaping improvements along Madison Street and Avenue 60, and assist the Trilogy residents in addressing this matter. Mr. Tyerman said he submitted a letter to Council, dated July 13, 2018, which was made available to the public and is on file in the Clerk’s Office, outlining apparent areas of non-performance by the developer of the Andalusia residential development on this matter. He asked that the City address this as expeditiously as possible; to research any available opportunity to correct the situation; and noted the uniqueness of 10 CITY COUNCIL MINUTES Page 3 of 13 JULY 17, 2018 this matter in that that the conditions of approval (COA) for the Andalusia development did not impose a specific timeline or bond requirements. City Attorney Irhke said the City’s legal counsel has been in communications with Staff and is reviewing Andalusia’s COAs to identify possible resolutions; and that it is not uncommon for COAs not to include a timeline for the improvements as the COAs run with the land. Mayor Evans noted that bond requirements are imposed on permitted road improvements; since no improvements were made in that area no bond demand could be imposed without executing an improvement agreement. ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS 1. DESERT HEALTHCARE DISTRICT TO PRESENT CHECK FOR MATCHING FUNDS TO COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) FOR PATH OF LIFE MINISTRIES HOMELESS PROGRAM City of Palm Desert Mayor Sabby Jonathan commended Council for their active leadership, engagement, and efforts in alleviating the homelessness crisis in the Coachella Valley, and gave a brief overview of the recent expansion and success of the joint Coachella Valley efforts against homelessness through CVAG’s Path of Life Ministries Homeless Program. Desert Healthcare District Interim Chief Executive Officer Chris Christensen explained that the Desert Healthcare District and Foundation set up a collective fund for the support of a west-valley homelessness prevention initiative; and presented the City with a matching-funds check in the amount of $103,000 for the City’s continued support and acknowledgement of the homelessness crisis in the valley. Mayor Evans noted that the City of La Quinta supports homeless prevention efforts regionally in the Coachella Valley and continues to work with the homeless shelters of the Coachella Valley Rescue Mission and Martha’s Village and Kitchen in the east valley as well. PRESENTATION ITEM NOS. 2 AND 3 BELOW WERE TAKEN OUT OF ORDER 3.CORAL MOUNTAIN APARTMENTS HOMELESS PREVENTION TRIAL PROGRAM – FAMILY RELOCATION SUCCESS STORY 11 CITY COUNCIL MINUTES Page 4 of 13 JULY 17, 2018 Management Specialist Ferreira said the La Quinta Housing Authority joint efforts with Martha’s Village and Kitchen and Coral Mountain Apartments in a trial homeless prevention program. Ms. Ferreira introduced Martha’s Village and Kitchen Executive Vice President Stephanie Minor who presented Helen’s success story, a single mother of two, who after completing the program was successfully relocated to Coral Mountain Apartments with her children; and read a “thank you” message authored by President and CEO Linda Barrack. Council commended the staff of Coral Mountain Apartments, Martha’s Village and Kitchen, and Path of Life Ministries for their continued efforts in homeless prevention and for providing programs, support, and housing opportunities. 2. PROCLAMATION HONORING HOMEWOOD SUITES FOR ITS ASSISTANCE AND HOSPITALITY IN THE RELOCATION OF THE WASHINGTON STREET APARTMENTS’ (WSA) RESIDENTS Homewood Suites General Manager Brad Poncher introduced Director of Sales Jill Schvaneveldt and Sales Coordinator Karen Ceniceros who were instrumental in providing assistance to the WSA residents temporarily relocated to Homewood Suites. Mayor Evans explained the WSA renovation and expansion efforts and commended City Economist McMillen for his efforts and commitment to this project. Mayor Evans and Council presented Mr. Poncher, Ms. Schvaneveldt, and Ms. Ceniceros with a proclamation in appreciation of Homewood Suites assistance and efforts in the relocation of the WSA residents. 4. LEADERSHIP INVESTMENT AND KNOWLEDGE SHARING (LINKS) – CITY OF LA QUINTA ACADEMY RECOGNITION Mayor Evans explained the City’s LINKS program, and jointly with Council presented to the following eight City employees with certificate of completion in the program: Employee Name Department Jessica Delgado, Management Assistant Finance Department Carley Escarrega, Management Assistant Design & Development Department Christina Gamez, Administrative Assistant Community Resources Department Armando Magallon, Permit Technician Design & Development Department Alex Rodriguez, Parks Maintenance Worker Facilities Department 12 CITY COUNCIL MINUTES Page 5 of 13 JULY 17, 2018  Jaime Torres, Management Assistant Community Resources Department  Jose Villalta, Traffic Signal Technician Design & Development Department  Wanda Wise-Lata, Executive Assistant Design & Development Department Participants thanked the City for this educational and development opportunity and shared their experiences and take-aways from the program. 5. added by Mayor Evans >>> INTRODUCTION OF NEW CITY STAFF La Quinta Library Manager Sue Doran gave a brief overview of the Creation Station – La Quinta’s Makerspace project inception and introduced Makerspace Supervisor Michel McNeilly. Ms. McNeilly gave a brief presentation of her experience; introduced Makerspace Technicians Ronni Cox and Josh Bethel; and said the soft opening of Creation Station – La Quinta’s Makerspace is scheduled for Monday, July 30, 2018, from 3:00 p.m. to 6:00 p.m. La Quinta Library Manager Sue Doran introduced La Quinta Museum Manager Sharla Fox who gave a brief presentation of her experience, and spoke of the current and upcoming exhibits at the museum. CONSENT CALENDAR 1. APPROVE MINUTES DATED JULY 3, 2018 2. ADOPT ORDINANCE NO. 572 ON SECOND READING AMENDING CHAPTER 3.25 OF THE LA QUINTA MUNICIPAL CODE RELATING TO SHORT-TERM VACATION RENTALS 3. ADOPT ORDINANCE NO. 573 ON SECOND READING TO CHANGE THE ZONING MAP FOR ZONE CHANGE 2017-0001 FROM REGIONAL COMMERCIAL TO MEDIUM DENSITY RESIDENTIAL ON A PORTION OF ASSESSOR’S PARCEL NUMBERS 600-340-049, 600-340-050, 600-340-051, AND 600-340-052; PROJECT: CENTRE AT LA QUINTA; LOCATION: SOUTHWEST CORNER OF AUTO CENTER DRIVE AND LA QUINTA DRIVE 4. ADOPT ORDINANCE NO. 574 ON SECOND READING AMENDING SECTION 9.50.090 OF TITLE 9 OF THE LA QUINTA MUNICIPAL CODE AND ADOPTING SINGLE FAMILY RESIDENTIAL ARCHITECTURAL GUIDELINES 13 CITY COUNCIL MINUTES Page 6 of 13 JULY 17, 2018 5. AUTHORIZE OVERNIGHT TRAVEL FOR THE COMMUNITY RESOURCES MANAGER AND HUMAN RESOURCES ANALYST TO ATTEND THE CALIFORNIA PUBLIC EMPLOYERS LABOR RELATIONS ASSOCIATION TRAINING CONFERENCE IN MONTEREY, CALIFORNIA, DECEMBER 4-7, 2018 6. AUTHORIZE OVERNIGHT TRAVEL FOR THE DESIGN AND DEVELOPMENT DIRECTOR, PLANNING MANAGER, AND SENIOR AND ASSOCIATE PLANNERS TO ATTEND AMERICAN PLANNING ASSOCIATION CALIFORNIA CHAPTER’S ANNUAL CONFERENCE IN SAN DIEGO, CALIFORNIA, OCTOBER 7-10, 2018 7. APPROVE DEMAND REGISTER DATED JUNE 29, 2018 8. REVIEW AND FILE REVENUE AND EXPENDITURE REPORTS DATED APRIL 30, 2018 9. pulled for a separate vote by Mayor Evans >>> ADOPT RESOLUTION TO REAFFIRM THE APPROVAL OF THE 2018/19 SALARY STRUCTURE IN THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA QUINTA AND THE LA QUINTA CITY EMPLOYEES’ ASSOCIATION AT THE JUNE 19, 2018 MEETING; AND TO APPROVE AMENDMENT NO. 1 TO THE MEMORANDUM OF UNDERSTANDING INCREASING THE HEALTH BENEFIT CAP TO $1,709 PER MONTH PER EMPLOYEE, EFFECTIVE JANUARY 1, 2019 [RESOLUTION NO. 2018-039] 10. pulled for a separate vote by Mayor Evans >>> APPROVE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF LA QUINTA AND DELPHIN CASTRO TO SERVE AS DESIGN AND DEVELOPMENT DIRECTOR 11. pulled for a separate vote by Mayor Evans >>> ADOPT RESOLUTION TO RECLASSIFY TWO POSITIONS [RESOLUTION NO. 2018-040] 12. pulled for a separate vote by Mayor Evans >>> ADOPT RESOLUTION TO REAFFIRM THE 2018/19 SALARY STRUCTURE APPROVED AT THE JUNE 19, 2018, MEETING FOR MANAGEMENT, CONTRACT MANAGEMENT, AND CONFIDENTIAL EMPLOYEES; AND TO APPROVE BENEFIT ADJUSTMENTS FOR THESE EMPLOYEES INCREASING THE HEALTH BENEFIT CAP TO $1,709 PER MONTH PER EMPLOYEE, EFFECTIVE JANUARY 1, 2019 [RESOLUTION NO. 2018- 041] 14 CITY COUNCIL MINUTES Page 7 of 13 JULY 17, 2018 13. APPROVE MARKETING AGREEMENT WITH UTILITY SERVICE PARTNERS INC. FOR THE NATIONAL LEAGUE OF CITIES SERVICE LINE WARRANTY PROGRAM CONSENT CALENDAR ITEM NOS. 1 – 8 AND 13: MOTION – A motion was made and seconded by Councilmembers Peña/Radi to approve Consent Calendar Item Nos. 1 – 8 and 13 as amended for Consent Calendar Item No. 5 to authorize overnight travel for the Human Resources Manager instead of the Community Resources Manager; and with Item Nos. 2, 3, and 4 adopting Ordinance No. 572 relating to short-term Vacation Rentals, Ordinance No. 573 relating to zone map change, and Ordinance No. 574 relating to single-family residential architectural guidelines, respectively. Motion passed unanimously. CONSENT CALENDAR ITEM NOS. 9 – 12: Verbal announcement by City Attorney Ihrke: Pursuant to Government Code Section 54953(c)(3), this announcement is to verbally report a summary of a recommendation for a final action on the salaries, salary schedules, and compensation paid in the form of fringe benefits to the City’s executive employees, as defined by Government Code Section 3511.1(d). In summary, the recommendations of Consent Calendar Item Nos. 9 – 12 are to reaffirm the approval of the 2018/19 Salary Structure citywide based on the “2018 Market Study” and to approve citywide health benefit cap of $1,709 per month per employee, effective January 1, 2019. Final action is now before the Council because Cal-Pers announced its rates after the City’s budget was approved and after the salary structures for both, the represented employee association members and non-represented management, contract, and confidential employees had been approved, where the salary structures were subject to a “re-opener” to adjust benefits based upon Cal-Pers rate announcements. Therefore, for the six management employees or “local agency executives,” as defined, the salaries and benefits are as follows for the following positions: Position Proposed Salary City Manager $220,366 Community Resources Director $156,560 Design & Development Director $156,560 Facilities Director $156,560 Finance Director $151,167 City Clerk $128,058 These include a salary increase of $34,501 and health benefits of $41 per employee for 7 months, equaling $1,722, as indicated budgeted for fiscal year 2018/19. 15 CITY COUNCIL MINUTES Page 8 of 13 JULY 17, 2018 MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Radi to approve: (1) Consent Calendar Item No. 9 adopting Resolution No. 2018-039: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REAFFIRMING THE APPROVAL OF THE 2018/19 SALARY STRUCTURE INCLUDED IN THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA QUINTA AND THE LA QUINTA CITY EMPLOYEES’ ASSOCIATION; AND APPROVING AMENDMENT NO. 1 TO THE MEMORANDUM OF UNDERSTANDING INCREASING THE HEALTH BENEFIT CAP TO $1,709 PER MONTH PER EMPLOYEE, EFFECTIVE JANUARY 1, 2019 (2) Consent Calendar Item No. 10 approving the Employment Agreement with Delphin Castro, in the amount of $156,560, to serve as Design and Development Director effective July 30, 2018; and authorize the City Manager to execute the Agreement. (3) Consent Calendar Item No. 11 adopting Resolution No. 2018-040: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE CLASSIFICATIONS OF ADMINISTRATIVE ASSISTANT TO ADMINISTRATIVE TECHNICIAN AND COMMUNITY RESOURCES COORDINATOR TO COMMUNITY RESOURCES SPECIALIST (4) Consent Calendar Item No. 12 adopting Resolution No. 2018-041: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REAFFIRMING THE 2018/19 SALARY STRUCTURE APPROVED AT THE JUNE 19, 2018, MEETING FOR NON- REPRESENTED MANAGEMENT, CONTRACT MANAGEMENT AND CONFIDENTIAL EMPLOYEES; AND TO APPROVE BENEFIT ADJUSTMENTS FOR THESE EMPLOYEES INCREASING THE HEALTH BENEFIT CAP TO $1,709 PER MONTH PER EMPLOYEE, EFFECTIVE JANUARY 1, 2019 Motion passed unanimously. 16 CITY COUNCIL MINUTES Page 9 of 13 JULY 17, 2018 BUSINESS SESSION 1. INTRODUCE AN ORDINANCE AMENDING CHAPTER 2.60 OF THE LA QUINTA MUNICIPAL CODE RELATING TO THE CONFLICT OF INTEREST CODE, AND APPROVE THE CALIFORNIA FAIR POLITICAL PRACTICES COMMISSION’S 2018 LOCAL AGENCY BIENNIAL NOTICE [ORDINANCE NO. 575] Acting City Clerk Radeva presented the staff report, which is on file in the Clerk’s Office. PUBLIC SPEAKER: Michael Harrington, Rancho Mirage – said that Cities can adopt stricter disclosure requirements than what the Fair Political Practices Commission recommends; and encouraged Council to discuss this topic further. MOTION – A motion was made and seconded by Councilmembers Radi/Fitzpatrick to take up Ordinance No. 575 by title and number only and waive further reading. Motion passed unanimously. Acting City Clerk Radeva read the following title of Ordinance No. 575 into the record: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 2.60 OF THE LA QUINTA MUNICIPAL CODE RELATING TO THE CITY’S CONFLICT OF INTEREST CODE MOTION – A motion was made and seconded by Councilmembers Radi/Fitzpatrick to introduce at first reading Ordinance No. 575 amending Chapter 2.60 of The La Quinta Municipal Code relating to the City’s conflict of interest code as recommended. Motion passed unanimously. MOTION – A motion was made and seconded by Councilmembers Radi/Fitzpatrick to approve and accept the California Fair Political Practices Commission’s 2018 Local Agency Biennial Notice as recommended. Motion passed unanimously. 2. APPROVE AMENDED TRANSIENT OCCUPANCY TAX INCENTIVE PROGRAM Finance Director Campos and Account Technician Armendariz presented the staff report which is on file in the Clerk’s Office. 17 CITY COUNCIL MINUTES Page 10 of 13 JULY 17, 2018 Council discussed the incentive funds are earmarked when the application is approved, but the funds are distributed to the group when it arrives in La Quinta for the event; opportunities to incentivize similar group events at the Chateau at Lake La Quinta, and Staff’s ongoing efforts with the current manager to identify future opportunities; return on investment based on bringing additional business to the City; and the City’s joint incentive with the hotel operators to bring groups to the community. MOTION – A motion was made and seconded by Councilmembers Radi/Peña to approve the amended Transient Occupancy Tax Incentive Program to allow hotel operators to apply for funding up to $50,000, and authorize the City Manager to approve it pursuant to the City’s Purchasing Policy. Motion passed unanimously. STUDY SESSION – None PUBLIC HEARINGS – None DEPARTMENTAL REPORTS All reports are on file in the City Clerk’s Office. Acting City Manager Escobedo said the Coachella Valley Water District (CVWD) announced the beginning of the La Quinta Irrigation Distribution Improvement project consisting of the installation of 22,000 feet of irrigation pipeline along Avenue 52, Washington Street, Calle Tampico, Avenida La Fonda, and Avenue 50. Staff will work closely with CVWD to ensure the traffic impacts are properly advertised by the City. 2. CITY ATTORNEY – STATUS UPDATE – ELECTRICITY NET-ENERGY METERING AND LOCAL REGULATION FOR IRRIGATION DISTRICT PROVIDERS City Attorney Ihrke presented the staff report, which is on file in the Clerk’s Office. City Attorney Ihrke said since the posting of the agenda packet for tonight’s meeting, Imperial Irrigation District (IID) has filed a lawsuit against the Riverside County Board of Supervisors (RIVCO), and presented a synopsis of the allegations. General discussion followed regarding citizens’ constitutional right to self-tax; IID’s Petition for Writ of Mandate to “void ab initio” (from the beginning) the indemnification agreement with RIVCO; IID’s argument that net-metering is a matter of statewide concern and cannot be occupied by a local ordinance; 18 CITY COUNCIL MINUTES Page 11 of 13 JULY 17, 2018 legislative requirements on net-metering and the types of programs that must be made available by the provider up until the 5% threshold is met; arguments raised by IID and RIVCO; whether Council should move forward and adopt an ordinance requiring IID to offer and implement a net-energy metering program for La Quinta’s residents; current, IID’s solar programs are not financially feasible for residents in the Coachella Valley. A two-page handout authored by Electric Ratepayers Alliance entitled “Answers to IID’s Excuses Why They Can’t Bring Back a Viable Solar Program” was distributed to Council at the meeting, which is on file in the Clerk’s Office, and made available to the public. Council directed Staff to prepare an ordinance on electricity net-metering and an indemnification agreement for Council’s consideration at the August 7, 2018, meeting. PUBLIC SPEAKER: Dana Reed, City of Indian Wells Councilmember and legal counsel for Electric Ratepayers Alliance and Renova Energy – thanked Council for staying abreast of RIVCO’s efforts on this matter; said this was a case of first impression and there were no guarantees which way the courts could interpret this; RIVCO was taking the lead on behalf of the industry and challenging IID’s lack of cooperation 49 years-ago based on requests received from the Cities of La Quinta, Indio, and Coachella; asked for the City’s support in this effort; and said Renova Energy was fully prepared to indemnify the City for any legal costs incurred on this matter. Further discussion followed regarding options for Rutan and Tucker, LLP to have joint defense agreements with other law firms who are the lead on this matter, to ensure the City’s interests are protected. 4-G. COMMUNITY RESOURCES PROJECT UPDATES – LUMBERYARD BUILDING AND CREATION STATION Council discussed the aggressive schedule identified in the staff report; noted the emphasis was on ensuring the space was properly designed to meet the needs of the museum long-term, in terms of providing adequate storage space for artifacts, offices, display areas, programs, and gift shop location, versus getting it accomplished expeditiously; possibly recruiting from outside of the region to ensure the City procures the right professionals for this project with the necessary experience and expertise to apply a holistic approach and enhance the entire museum campus while connecting the two properties. Council concurred with the proposed timeline as listed in the staff report between the months of July through September; and directed Staff to seek 19 CITY COUNCIL MINUTES Page 12 of 13 JULY 17, 2018 Council direction when contracting with a consulting firm to complete building program options and design the connection with the existing museum. Acting City Manager Escobedo noted that the City’s current Memorandum of Understanding with Riverside County, which contracts with Library Systems and Services, LLC to provide management services for the La Quinta Library and Museum, will be up for renewal in 2020 and identifying the City’s needs going forward for operating the museum would be imperative in ensuring the agreement provides adequate services. Council said the casita should also be included in these improvement efforts. MAYOR’S AND COUNCIL MEMBERS’ ITEMS Councilmember Radi reported on his and Mayor Pro Tem Fitzpatrick’s attendance at the Patriotic Luncheon held at the La Quinta Wellness Center on July 5, 2018. Councilmember Radi reported on his site visit with Councilmember Sanchez at the Washington Street Apartments and said construction was advancing fast, and commended Coachella Valley Housing Coalition’s staff for their expertise and for doing a great job in managing the project. Mayor Pro Tem Fitzpatrick said she also visited the Washington Street Apartments site and was impressed with how quickly construction was advancing and with the quality of housing the residents would receive. Councilmember Peña noted there was prior Council discussion regarding possible expansion of the Financial Advisory Commission membership from seven to nine. Council directed Staff to identify the process for the expansion and bring it back for consideration, with the expansion not taking effect until the beginning of 2019 calendar year, if approved. Mayor Evans said Staff was directed to provide a response to the La Quinta Arts Foundation regarding the 2020 La Quinta Arts Festival; Staff said the letter would be going out by the following week. REPORTS AND INFORMATIONAL ITEMS Councilmember Radi asked Councilmember Peña if he would attend the Sunline Transit Agency meeting scheduled for July 25, 2018; Councilmember Peña concurred. 20 CITY COUNCIL MINUTES Page 13 of 13 JULY 17, 2018 La Quinta’s representative for 2018, Councilmember Fitzpatrick reported on her participation in the following organization’s meeting:  COACHELLA VALLEY MOUNTAINS CONSERVANCY La Quinta’s representative for 2018, Councilmember Radi reported on his participation in the following organization’s meeting:  SUNLINE TRANSIT AGENCY Council commended the Riverside County Sheriff’s Department Team for successful apprehension of suspects associated with a string of vehicle burglaries in La Quinta and other Coachella Valley cities. COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND RECONVENED THE CLOSED SESSION PORTION OF THE MEETING AT 6:14 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 7:43 P.M. WITH ALL MEMBERS PRESENT REPORT ON ACTION(S) TAKEN IN CLOSED SESSION: City Attorney Ihrke reported no actions were taken in Closed Session that require reporting pursuant to Government Code section 54957.1 (Brown Act). ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Fitzpatrick/Radi to adjourn at 7:44 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, Acting City Clerk City of La Quinta, California 21 22 City of La Quinta CITY COUNCIL MEETING: August 7, 2018 STAFF REPORT AGENDA TITLE: ADOPT ORDINANCE NO. 575 ON SECOND READING AMENDING CHAPTER 2.60 OF THE LA QUINTA MUNICIPAL CODE RELATING TO THE CONFLICT OF INTEREST CODE RECOMMENDATION Adopt Ordinance No. 575 on second reading. EXECUTIVE SUMMARY •On July 17, 2018, Council introduced Ordinance No. 575 for first reading to amend Chapter 2.60 of the La Quinta Municipal Code relating to the City’s Conflict of Interest Code. •The purpose of the code is to designate positions that make or participate in governmental decisions, which may have a material effect on the financial interests of those persons. •City officials in designated positions must disclose their financial interests annually and refrain from participation in any decision(s) that may affect them financially. FISCAL IMPACT – None. BACKGROUND/ANALYSIS Due to the 2017 reorganization of the Finance and Design and Development Departments, expanding the Investment Advisory Board into the Financial Advisory Commission, the dissolution of La Quinta’s Oversight Board pursuant to Health and Safety Code Section 34179(j) effective June 30, 2018, and the City’s 2018 Classification and Compensation update, Staff reviewed the positions, duties, and influence of public officials and recommended modifications to Section 2.60.020 of the Municipal Code related to conflicts on interest. The following positions were added for “limited disclosure” filing: •Assistant to the City Manger •Building Superintendent •City Engineer •Financial Services Analyst •Hub Manager •Human Resources Manager CONSENT CALENDAR ITEM NO. 2 23 • Members of the Financial Advisory Commission • Parks Superintendent • Senior Accountant • Senior Planner. The following positions were deleted from the “full disclosure” designated positions due to dissolution of La Quinta’s Oversight Board, effective June 30, 2018: • Members of the Oversight Board to the Successor Agency. The following positions were deleted from the “limited disclosure” designated positions because the titles were amended or eliminated from the City’s Authorized Positions list: • Accounting Manager • Customer Service Manager • Members of the Investment Advisory Board • Principal Engineer • Principal Planner. ALTERNATIVES As Council approved this ordinance at first reading, Staff does not recommend an alternative. Prepared by: Nichole Romane, Administrative Assistant Approved by: Monika Radeva, Acting City Clerk 24 ORDINANCE NO. 575 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 2.60 OF THE LA QUINTA MUNICIPAL CODE RELATING TO THE CITY’S CONFLICT OF INTEREST CODE WHEREAS, the Political Reform Act, Government Code Section 81000, et seq., requires state and local government agencies to adopt and promulgate conflict of interest codes; and WHEREAS, the Fair Political Practices Commission (FPPC) has adopted a regulation, Title 2, Division 6, California Code of Regulations Section 18730 – Provisions of Conflict of Interest Codes, which contains the terms of a standard conflict of interest code which can be incorporated by reference; and WHEREAS, the City of La Quinta (City) has adopted by reference the FPPC's regulation as well as a list of designated employees as Chapter 2.60 of the La Quinta Municipal Code (Code); and WHEREAS, the City desires to make changes to the list of designated employees and disclosure categories to reflect the current classifications/positions within the City; and; WHEREAS, the place of filing of the Statements of Economic Interests shall be in accordance with Government Code Section 87500; and WHEREAS, Statements of Economic Interest are public documents available from the City Clerk of the City of La Quinta; and WHEREAS, the City believes these changes are in the best interests of the citizens of the City of La Quinta. NOW THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. AMENDMENT OF CHAPTER 2.60: Section 2.60.010 of the La Quinta Municipal Code is amended to read as follows: 2.60.010 INCORPORATION OF STANDARD CODE The Political Reform Act, Government Code Section 81000, et seq., requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation, Title 2, Division 6, California Code of Regulations Section 18730 – Provisions of 25 Ordinance No. 575 Amending Chapter 2.60 of the La Quinta Municipal Code Conflict of Interest Code Adopted: August 7, 2018 Page 2 of 6 Conflict of Interest Codes, which contains the terms of a standard conflict of interest code. It can be incorporated by reference and may be amended by the Fair Political Practices Commission after public notice and hearings to conform to amendments in the Political Reform Act. Therefore, the terms of California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are incorporated by reference and, along with Section 2.60.020 in which members and employees are designated and disclosure categories are set forth, constitute the conflict of interest code of the city. The city shall review its conflict of interest code at least biennially by September 30 of every even-numbered year and update it if necessary. Designated employees shall file statements of economic interests with the city clerk who will make the statements available for public inspection and reproductions. Upon receipt of the statements, the city clerk shall make and retain a copy and forward the original of these statements to the city council. (Ord. 261 § 2 (Art. A), 1994) SECTION 2. AMENDMENT OF CHAPTER 2.60: Section 2.60.020 of the La Quinta Municipal Code is amended to read as follows: 2.60.020 DESIGNATED POSITIONS, DISCLOSURE CATEGORIES A. Full disclosure on Form 700, Statement of Economic Interest, shall be required from the following positions pursuant to Government Code Section 87200: DESIGNATED POSITIONS City Attorney Assistant and/or Deputy City Attorney(s) City Manager Assistant and/or Deputy City Manager(s) Finance Director/City Treasurer Mayor Members of the City Council/Financing Authority/Housing Authority Members of the Planning Commission Members of the Successor Agency to the Dissolved Redevelopment Agency Candidates for any of the positions above B. Limited disclosure on Form 700, Statement of Economic Interest, shall be required from the following officeholders pursuant to Government Code Section 87302: 26 Ordinance No. 575 Amending Chapter 2.60 of the La Quinta Municipal Code Conflict of Interest Code Adopted: August 7, 2018 Page 3 of 6 DESIGNATED POSITIONS Animal Control/Code Compliance Supervisor Assistant to the City Manager Building Official Building Superintendent Business Analyst City Clerk City Engineer Community Resources Manager Construction Manager/Inspections Supervisor Director of Community Resources Director of Design and Development Director of Facilities Financial Services Analyst Hub Manager Human Resources Analyst Human Resources Manager Maintenance Manager Management Analyst Members of the Community Services Commission Members of the Financial Advisory Commission Members of the Housing Commission Parks Superintendent Planning Manager Public Safety Manager Senior Accountant Senior Planner C. Limited disclosure on Form 700, Statement of Economic Interest, shall be required from the following positions pursuant to Government Code Section 82019(a) and FPPC Regulation 18700.3. DESIGNATED POSITIONS Consultants D. Definitions of Disclosure Categories: 1. Full Disclosure – All investments, business positions, and interests in real property within the jurisdiction, held on the date of assuming office and income received during the 12 months immediately preceding assuming office. In accordance with Government Code Section 87500, filers shall submit one original to the City Clerk who shall make and retain a copy and forward the original to the FPPC which shall be the filing officer. 27 Ordinance No. 575 Amending Chapter 2.60 of the La Quinta Municipal Code Conflict of Interest Code Adopted: August 7, 2018 Page 4 of 6 2. Limited Disclosure – Personal economic interests held that could be significantly affected through the exercise of official duties including investments, business positions, and income from sources located in or doing business in the city and any interests in real property located in the city, property located not more than two miles outside the boundary of the city or property located within two-miles of any property owned or used by the city. In accordance with Government Code Section 87500, filers shall submit one original to the City Clerk who shall be the filing officer on behalf of the City of La Quinta, which shall be the code reviewing body. SECTION 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty days (30) days after its adoption. SECTION 3. POSTING. The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta. PASSED, APPROVED, and ADOPTED this 7th day of August 2018, by the following vote: AYES: NOES: ABSENT: ABSTAIN: LINDA EVANS, Mayor City of La Quinta, California 28 Ordinance No. 575 Amending Chapter 2.60 of the La Quinta Municipal Code Conflict of Interest Code Adopted: August 7, 2018 Page 5 of 6 ATTEST: _____________________________________ MONIKA RADEVA, Acting City Clerk City of La Quinta, California (City Seal) APPROVED AS TO FORM: _____________________________________ WILLIAM H. IHRKE, City Attorney City of La Quinta, California 29 Ordinance No. 575 Amending Chapter 2.60 of the La Quinta Municipal Code Conflict of Interest Code Adopted: August 7, 2018 Page 6 of 6 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, MONIKA RADEVA, Acting City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. 575 which was introduced at a regular meeting on the 17th day of July, 2018, and was adopted at a regular meeting held on the 7th day of August, 2018, not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in the Rules of Procedure adopted by City Council Resolution No. 2015-023. __________________________________________ MONIKA RADEVA, Acting City Clerk City of La Quinta, California DECLARATION OF POSTING I, MONIKA RADEVA, Acting City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on August 8, 2018, pursuant to Council Resolution. __________________________________________ MONIKA RADEVA, Acting City Clerk City of La Quinta, California 30 City of La Quinta CITY COUNCIL MEETING: August 7, 2018 STAFF REPORT AGENDA TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR FINANCE DIRECTOR TO ATTEND THE GOVERNMENT FINANCE OFFICERS ASSOCIATION ADVANCED FINANCIAL REPORTING TRAINING IN SACRAMENTO, CALIFORNIA, AUGUST 21-23, 2018 RECOMMENDATION Authorize overnight travel for Finance Director to attend the Government Finance Officers Association advanced financial reporting training in Sacramento, California, August 21-23, 2018. EXECUTIVE SUMMARY The Finance Director seeks additional knowledge in financial reporting to enhance the City’s Comprehensive Annual Financial Report (CAFR). Government Finance Officers Association (GFOA) is dedicated to sound management of government financial resources, providing professional development training taught by public finance experts throughout the country. FISCAL IMPACT Estimated expenses are $1,200, which includes registration, airfare, lodging, and meals. Funds are budgeted in Finance - Travel and Training (101-1006-60320). BACKGROUND/ANALYSIS GFOA's mission is to promote excellence in state and local government financial management. This organization provides training opportunities and resources to over 12,000 finance professionals each year. GFOA provides best practice guidance, consulting, networking opportunities, numerous publications, e-books, recognition programs, research, and group live training courses to the finance profession. The CAFR is an annual document which provides residents, investors, and the public a financial overview of all City operations. Staff continually enhances this document to insure that it is reader-friendly and provides all necessary information. The Finance Director is responsible for assembling and verifying the CAFR. This training will elevate her skills to interpret detailed financial data and translate this information into a reader-friendly document. ALTERNATIVES The Council may elect not to authorize this request. Prepared by: Karla Campos, Finance Director Approved by: Frank J. Spevacek, City Manager CONSENT CALENDAR ITEM NO. 3 31 32 City of La Quinta CITY COUNCIL MEETING: August 7, 2018 STAFF REPORT AGENDA TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR THE HUMAN RESOURCES MANAGER AND MARKETING MANAGEMENT COORDINATOR TO ATTEND LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE IN LONG BEACH, CALIFORNIA, SEPTEMBER 12-13, 2018 RECOMMENDATION Authorize overnight travel for the Human Resources Manager and Marketing Management Coordinator to attend the League of California Cities Annual Conference and Expo in Long Beach, California, September 12-13, 2018. EXECUTIVE SUMMARY •The League of California Cities (League) is an association of California cities that collaborates in the exchange of information to learn from one another and combines resources to influence state legislation. •The City is receiving special recognition at the Conference this year and is hosting a booth at the Conference expo, which will present the City’s leadership, development, and training programs. •The Human Resources Manager and Marketing Coordinator participated in the process that garnered the City receiving this special recognition. FISCAL IMPACT Estimated expenses are $700 or $350 per attendee; this cost includes hotel and meals. Funds are included in the travel and training budgets; City Managers (101-1002-60320) and Human Resources (101-1004-60320). BACKGROUND/ANALYSIS The League’s 2018 Annual Conference is in Long Beach and provides an opportunity for local leaders to learn from experts and their peers. Education sessions and forums focus on communications, economic development, public safety, technology and staff training/development. This year Staff submitted the City’s staff leadership, development and training program for consideration as an exemplary strategy for other cities to consider. The League selected this program for special recognition at the 2018 Conference. Since the Human Resources Manager and Marketing Coordinator CONSENT CALENDAR ITEM NO. 4 33 participated in preparing the award application and the City is hosting a booth, Staff is requesting they also attend. ALTERNATIVES Council may deny this request. Prepared by: Angela Scott, Human Resources Manager Approved by: Chris Escobedo, Director of Community Resources 34 City of La Quinta CITY COUNCIL MEETING: August 7, 2018 STAFF REPORT AGENDA TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR TWO TRAFFIC SIGNAL TECHNICIANS TO ATTEND INTERNATIONAL MUNICIPAL SIGNAL ASSOCIATION CERTIFICATION CLASSES IN ONTARIO, CALIFORNIA, OCTOBER 15-18, 2018 RECOMMENDATION Authorize overnight travel for two traffic signal technicians to attend International Municipal Signal Association certification classes in Ontario, California, October 15-18, 2018. EXECUTIVE SUMMARY •International Municipal Signal Association (IMSA) Certification is a comprehensive four-day training program. •The traffic signal technicians will complete Traffic Signal Field Technician Level II and Roadway Lighting Technician Level I certification. FISCAL IMPACT Estimated expenses are $2,000, which includes registration, travel, lodging, course manuals, and meals. Funds are available in the 2018/19 Engineering Services Travel and Training budget (101-7006-60320). BACKGROUND/ANALYSIS IMSA provides a testing and certification program for municipal traffic signal maintenance staff. The IMSA certification is the most comprehensive training for traffic signal operations and roadway lighting. This program will provide up- to-date information and two certifications for each technician. Upon successful completion of the courses, the traffic signal technicians will receive their Traffic Signal Field Technician Level II and Roadway Lighting Technician Level I certifications. Certifications are valid for three years. ALTERNATIVES The Council may elect not to authorize this request. Prepared by: Julie Mignogna, Management Analyst Approved by: Bryan McKinney, City Engineer CONSENT CALENDAR ITEM NO. 5 35 36 City of La Quinta CITY COUNCIL MEETING: August 7, 2018 STAFF REPORT AGENDA TITLE: APPROVE DEMAND REGISTERS DATED JULY 13 AND 20, 2018 RECOMMENDATION Approve demand registers dated July 13 and 20, 2018. EXECUTIVE SUMMARY – None FISCAL IMPACT Demand of Cash: City 2,887,828.27$ Successor Agency of RDA 27,127.45$ Housing Authority 1,182.50$ 2,916,138.22$ BACKGROUND/ANALYSIS Between Council meetings, routine bills and payroll must be paid. Attachment 1 details the weekly demand registers for July 13 and 20, 2018. Warrants Issued: 119166-119278 487,659.35$ 119279-119366 822,500.75$ Wire Transfer 1,378,920.97$ Voids -$ Payroll Tax transfers 39,350.19$ Payroll Chks 37351-37353 & Direct Dep 187,706.96$ 2,916,138.22$ CONSENT CALENDAR ITEM NO. 6 37 The most significant expenditures on the demand registers are: Account Name Amount Riverside County Various 585,829.38$ FY 17/18 Police Sheriff Department Service Reconcilliation Alongi Ebenisterie Buildings 100,000.00$ SRR Modular Building ET GC INC CVAG TUMF Fee Payable 63,049.82$ June- TUMF Fee to CVAG CVAG Membership Dues 51,639.00$ FY 18/19 Dues Assessment Bengal Engineering Design 49,186.25$ Design Services INC PurposeVendor Wire Transfers: fifteen transfers totaled $1,378,921. Of this amount, $250,000 was for investments, $138,258 for Landmark and $673,628 for CalPERS. The CalPERS wire transfer is a required annual unfunded liability payment. (See Attachment 2 for a full listing). ALTERNATIVES Council may approve, partially approve, or reject the demand registers. Prepared by: Derrick Armendariz, Account Technician Approved by: Rosemary Hallick, Financial Services Analyst Attachments:1. Demand Registers 2. Wire Transfers 38 7/12/2018 5:34:44 PM Page 1 of 9 Demand Register City of La Quinta Packet: APPKT01661 - DA 07/13/2018 AmountVendor Name Payment Number Description (Item)Account Name Account Number Fund: 101 - GENERAL FUND -26.53Sales Taxes Payable06/29/18- WC GYM WIPES1191662XL CORPORATION 101-0000-20304 438.72Operating Supplies06/29/18- WC GYM WIPES1191662XL CORPORATION 101-3002-60420 7,966.25Fire StationAIR EXCHANGE - FS 32 - FIRE VEHICLE EXH…119167AIR EXCHANGE 101-2002-60670 95.00Security & Alarm06/13/18- FIRE EQUIP TEST119168ALARM MONITORING SERVICE…101-3008-60123 695.00Civic Center Lake Maintenance05/2018- CC LAKE MAINT119169ALL VALLEY BBQ, SPA & PATIO…101-3005-60117 695.00Civic Center Lake Maintenance06/2018- CC LAKE SERVICE119169ALL VALLEY BBQ, SPA & PATIO…101-3005-60117 215.50Civic Center Lake Maintenance06/28/18- CC LAKE BASKETS119169ALL VALLEY BBQ, SPA & PATIO…101-3005-60117 195.00Training & Education/MOU07/10/18- TUITION REIMB119170ALVARADO, RAPHAEL 101-1004-60322 405.00Mobile/Cell Phones07/2018-04/2019- EOC ANNUAL REPEATE…119171ANDERSON COMMUNICATION…101-2002-61304 155.00Membership Dues07/01/18-06/30/2019- MEMBERSHIP DUES119173CALIFORNIA MUNICIPAL TREA…101-1006-60351 196.05LT Care Insurance PayLONG TERM CARE119174CALPERS LONG-TERM CARE P…101-0000-20949 75.00Travel & Training08/17/18- CLERK TRAINING119177CITY CLERK ASSOCIATION OF C…101-1005-60320 51,639.00Membership Dues07/02/18- FY 18/19 MEMBERSHIP DUES119179COACHELLA VALLEY ASSOC OF…101-1002-60351 15,679.00MSHCP Mitigation Fee06/2018- MITIGATION FEE FOR MSHCP119180COACHELLA VALLEY CONSERV…101-0000-20310 -156.79CVMSHCP Admin Fee06/2018- MITIGATION FEE FOR MSHCP119180COACHELLA VALLEY CONSERV…101-0000-43631 10,000.00Membership Dues07/01/18- ANNUAL MEMBERSHIP DUES119181COACHELLA VALLEY ECONOMI…101-3007-60351 144.80PM 10 - Dust Control07/02/18- WATER SERVICE119182COACHELLA VALLEY WATER DI…101-7006-60146 119.28Utilities - Water07/09/18- WATER SERVICE119182COACHELLA VALLEY WATER DI…101-2002-61200 69.17Utilities - Water -Pioneer Park07/09/18- WATER SERVICE119182COACHELLA VALLEY WATER DI…101-3005-61207 30,286.85PM 10 - Dust Control06/25/18- CANAL WATER SERVICE119183COACHELLA VALLEY WATER DI…101-7006-60146 2,620.00City Parking Lots07/12/18- TEMP WATER METER119184COACHELLA VALLEY WATER DI…101-7003-80104 53.20Instructors06/28/18- CARDIO STRENTH119186COHEN, ANN MARIE 101-3002-60107 8,872.26Membership DuesCOSTAR SUITE PROPERTY LICENSE119187COSTAR REALTY INFORMATIO…101-1002-60351 1,094.00Annual Permits/Inspections08/01/18- HEALTH PERMIT119188COUNTY OF RIVERSIDE DEPAR…101-3008-60196 146.00Annual Permits/Inspections06/28/18- LQ PARK SNACK BAR PERMIT119188COUNTY OF RIVERSIDE DEPAR…101-3008-60196 146.00Annual Permits/Inspections06/28/18- SPORTS COMPLEX SNACK BAR119188COUNTY OF RIVERSIDE DEPAR…101-3008-60196 362.42Citywide Conf Room Supplies06/22/18- CITY WIDE COFFEE SUPPLIES119191DAIOHS FIRST CHOICE SERVICES 101-1007-60403 1,558.00Administrative Citation Services05/2018- CODE ENFORCEMENT PROCESSI…119192DATA TICKET, INC.101-6004-60111 21.53Travel & Training06/25/18- FRED PRYOR TRAINING REIMB119193DELGADO, JESSICA 101-1006-60320 14,337.50Animal Shelter Contract Service05/2018- RCDAS119194DEPARTMENT OF ANIMAL SER…101-6004-60197 170.00Fire Station04/23/18- FS#32 ICE MACHINE MAINT119196DESERT FOUNTAIN GAS SUPPLY 101-2002-60670 64.54Subscriptions & Publications07/2018- SUBSCRIPTION SVC119197DESERT SUN, THE 101-3002-60352 67.81Utilities - Cable06/22-07/21/18- EOC CABLE119198DISH NETWORK 101-2002-61400 230.00Recruiting/Pre-Employment06/13-06/26/18- PRE EMP PHYSICALS119199EISENHOWER OCCUPATIONAL…101-1004-60129 266.37Maintenance/Services06/25/18- HAZARDOUS WASTE PAINT119202ENVIRONMENTAL LOGISTICS, …101-3008-60691 81.51Training & Education/MOU06/24/18- TUITION REIMB BOOKS ONLY119203ESCATEL-CARRELLO, ELIZABETH 101-1004-60322 34.93Utilities - Telephone06/28-07/27/18- SPORTS COMPLEX PHONE119205FRONTIER COMMUNICATIONS…101-3005-61300 188.06Operating Supplies06/28/18- CONST INSP SHIRTS119207GALLS LLC 101-7006-60420 27.31Utilities - Gas05/18-05/19/18- FS #32 GAS SERVICE119208GAS COMPANY, THE 101-2002-61100 35.29Utilities - Gas05/18-06/19/18- CITY HALL GAS SERVICE119208GAS COMPANY, THE 101-3008-61100 76.08Utilities - Gas05/18-06/19/18- WC GAS SERVICE119208GAS COMPANY, THE 101-3008-61100 227.77Materials/Supplies06/28/18- BATHROOM SUPPLIES119209GRAINGER 101-3008-60431 2,750.00ConsultantsSTANDARD CAD DETAILS119211HERMANN DESIGN GROUP INC 101-6001-60104 258.52Uniforms06/22/18- CODE HATS119213IMPERIAL HEADWEAR INC 101-6004-60690 363.25Recruiting/Pre-Employment06/2018- BACKROUND CHECKS - PRE EMP119215IRC INC 101-1004-60129 1,780.00Consultants06/22/18- PLAYGROUNDS SAFETY AUDIT119216JAMEY CLARK, INC 101-3005-60104 183.28HVAC06/26/18- HVAC MATERIALS119217JOHNSTONE SUPPLY 101-3008-60667 448.00Instructors06/28/18- PERSONAL TRAINER119218KEPLER, KRISTOFFER 101-3002-60107 89.55Fritz Burns Pool06/19/18- FB POOL RING BUOY119220LINCOLN AQUATICS 101-3005-60184 1,042.08Fritz Burns Pool06/15/18- FB POOL RACING LANE119220LINCOLN AQUATICS 101-3005-60184 114.06Fritz Burns Pool06/20/18- FB POOL LANE PENNANTS119220LINCOLN AQUATICS 101-3005-60184 53.42Fritz Burns Pool06/15/18- FB POOL SIGNS/RESCUE ROPE119220LINCOLN AQUATICS 101-3005-60184 6.96Operating Supplies05/25-06/19/18- REFLECTIVE STICKERS119221LOWE'S HOME IMPROVEMENT…101-7003-60420 Attachment 1 39 Demand Register Packet: APPKT01661 - DA 07/13/2018 7/12/2018 5:34:44 PM Page 2 of 9 AmountVendor Name Payment Number Description (Item)Account Name Account Number 7.73Operating Supplies05/25-06/19/18- GLUE119221LOWE'S HOME IMPROVEMENT…101-7003-60420 2.57Operating Supplies05/25-06/19/18- CONTAINER119221LOWE'S HOME IMPROVEMENT…101-7003-60420 24.50Instructors06/28/18- TAI CHI CHUAN119222MEDEIROS, JOYCELEEN 101-3002-60107 18.00Instructors06/28/18- ZUMBA119224MISELL, STACY 101-3002-60107 378.50Cash Over/Short06/05/18- REFUND OVERPAYMENT BLDG …119225MJ'S FAMILY CONSTRUCTION …101-0000-42300 10.00Cash Over/Short06/14/18- REFUND OVERPAYMENT TOT119229OASIS DE SOL 101-0000-42300 38.26Office Supplies06/19/18- AP COPY PAPER & SMALL ENVE…119230OFFICE DEPOT 101-1006-60400 363.31Forms06/27/18- 8 1/2X11 COPY PAPER 8 BOXES119230OFFICE DEPOT 101-1007-60402 949.20Temporary Agency Services06/29/18- CC TEMP SERVICES119231OFFICE TEAM 101-1005-60125 6,801.99Sales Tax Reimbursements07/12/18- 1ST QTR ENDING MARCH 30 20…119233ONE ELEVEN LA QUINTA LLC 101-1007-60535 298.00HVAC06/06/18- CITY HALL HVAC SVC119234PACIFIC WEST AIR CONDITION…101-3008-60667 49.14Marketing & Tourism Promoti…10/23/17- STAFF EMBROIDERY SHIRTS119235PALMS TO PINES PRINTING 101-3007-60461 3,258.82Marketing & Tourism Promoti…06/27/18- STRESS DUDE PROMOTIONAL I…119235PALMS TO PINES PRINTING 101-3007-60461 1,029.48Postage Machine01/01/18-06/30/18- SERVICE AGREEMENT119236PITNEY BOWES INC 101-1007-60661 25.20Credit Card Fees06/2018- WC CC FEES119237PLUG & PAY TECHNOLOGIES I…101-3003-60122 20.00Administration06/2018- HUB CC FEES119237PLUG & PAY TECHNOLOGIES I…101-6001-60102 98.64Travel & Training08/17/18- CCAC TRAINING119239RADEVA, MONIKA 101-1005-60320 2,158.00Map/Plan CheckingON-CALL MAP CHECKING SERVICES119242RASA/ERIC NELSON 101-7002-60183 200.00Garnishments PayableGARNISHMENT119243RIVERSIDE DEPARTMENT OF C…101-0000-20985 50.86Office Supplies06/25/18- WELLS FARGO PAY TO STAMP119244RIVERSIDE RUBBER STAMP & …101-1006-60400 3,448.07Mobile/Cell Phones05/28-06/22/18- EOC SATELLITE PHONES119245ROADPOST USA INC.101-2002-61304 163.41Mobile/Cell Phones05/29/18- EOC SATELLITE PHONES SVC119245ROADPOST USA INC.101-2002-61304 131.60Instructors06/28/18- TAEKWONDO119246ROJAS, MIGUEL ANGEL 101-3002-60107 128.00Instructors06/28/18- PERSONAL TRAINER119247ROSE-FARKAS, LORETTA ANN 101-3002-60107 2,302.42Attorney810769- DUNE PALMS ROW119249RUTAN & TUCKER 101-1003-60153 2,680.50Attorney810764- SILVERROCK RESORT119249RUTAN & TUCKER 101-1003-60153 11,000.00Attorney810763- RETAINER MATTER119249RUTAN & TUCKER 101-1003-60153 12,235.50Attorney810759- GENERAL 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E.119257SKILL PATH SEMINARS 101-7006-60320 46.03Travel & Training06/11/2018- TRAINING SNACKS119258SMART & FINAL 101-1004-60320 114.47Operating Supplies06/13/18- OPERATING SUPPLIES119258SMART & FINAL 101-3002-60420 67.64Materials/Supplies06/21/18- APACHE ROCK CITY HALL119259SOUTHWEST BOULDER & STO…101-3005-60431 25.64Office Supplies06/24/18- CODE SUPPLIES119260STAPLES ADVANTAGE 101-6004-60400 18.93Office Supplies06/24/18- AP FILING FOLDERS119260STAPLES ADVANTAGE 101-1006-60400 38.01Operating Supplies06/25/18- OFFICE SUPPLIES119260STAPLES ADVANTAGE 101-6003-60420 11.19Office Supplies06/27/18- PENS119260STAPLES ADVANTAGE 101-3002-60400 37.61Office Supplies06/27/18- OFFICE SUPPLIES119260STAPLES ADVANTAGE 101-3005-60400 69.35Office Supplies06/29/18- OFFICE SUPPLIES119260STAPLES ADVANTAGE 101-1004-60400 73.99Office Supplies06/30/2018- OFFICE SUPPLIES119260STAPLES ADVANTAGE 101-1006-60400 34.77Office Supplies06/29/18 - OFFICE SUPPLIES119260STAPLES ADVANTAGE 101-3005-60400 65.78Citywide Conf Room Supplies07/03/18- CITYWIDE CUPS119260STAPLES ADVANTAGE 101-1007-60403 498.31Supplies-Graffiti and Vandalism05/11/18- FB PARK GRAFFITI REMOVAL119261THE SHERWIN-WILLIAMS CO.101-3005-60423 71.54Utilities - Cable06/16-07/15/18- FS #32 CABLE SERVICE119262TIME WARNER CABLE 101-2002-61400 33.76Utilities - Cable06/16-07/15/18- FS#70 CABLE SERVICE119262TIME WARNER CABLE 101-2002-61400 194.39Operating Supplies06/20/18- SAFETY VESTS119263TOPS'N BARRICADES INC 101-6003-60420 -8.43Operating Supplies06/27/18- CREDIT119263TOPS'N BARRICADES INC 101-6003-60420 16,560.00Contract Traffic EngineerTRAFFIC ENGINEER SERVICES 06/2018119265TRAFFEX ENGINEERS INC 101-7006-60144 61.00Pest Control06/08/18- LQ PARK PEST CONTROL119266TRULY NOLEN INC 101-3008-60116 68.00Pest Control06/01/2018- WC PEST CONTROL119266TRULY NOLEN INC 101-3008-60116 40 Demand Register Packet: APPKT01661 - DA 07/13/2018 7/12/2018 5:34:44 PM Page 3 of 9 AmountVendor Name Payment Number Description (Item)Account Name Account Number 76.00Pest Control06/01/18- CITY HALL PEST CONTROL119266TRULY NOLEN INC 101-3008-60116 62.00United Way DeductionsCONTRIBUTION119268UNITED WAY OF THE DESERT 101-0000-20981 47.00Cash Over/Short06/14/18- REFUND OVERPAYMENT BUS LI…119270VACATION PALM SPRINGS 101-0000-42300 1,920.85Professional ServicesDOC SCANNING FY18/19119271VIATRON SYSTEMS INC 101-1005-60103 384.00Consultants06/2018- EAP119273WELLNESS WORKS 101-1004-60104 160.00Prepaid Expense06/2018- CSMFO MTG 7/17/18119274WELLS FARGO BUSINESS CARD 101-0000-13600 -54.80Sales Taxes Payable06/2018- SAFETY SUPPLIES TAX119274WELLS FARGO BUSINESS CARD 101-0000-20304 -29.75Sales Taxes Payable06/2018- WIRELESS ZONEFLEX MAKERSPA…119274WELLS FARGO BUSINESS CARD 101-0000-20304 -15.56Sales Taxes Payable06/2018- TIME STAMP TAX119274WELLS FARGO BUSINESS CARD 101-0000-20304 -60.81Sales Taxes Payable06/2018- FIRE STATION DUMBBELLS119274WELLS FARGO BUSINESS CARD 101-0000-20304 -11.79Sales Taxes Payable06/2018- RED CROSS TRANSLATORS TAX119274WELLS FARGO BUSINESS CARD 101-0000-20304 -158.88Sales Taxes Payable06/2018- FS 32 ICE MACHINE TAX119274WELLS FARGO BUSINESS CARD 101-0000-20304 122.81Recruiting/Pre-Employment06/2018- MAINT WORKER PANEL LUNCH119274WELLS FARGO BUSINESS CARD 101-1004-60129 51.06Travel & Training06/2018- ACADEMY BOOKS119274WELLS FARGO BUSINESS CARD 101-1004-60320 1,045.00Travel & Training06/2018- CALPERLA119274WELLS FARGO BUSINESS CARD 101-1004-60320 521.98Operating Supplies06/2018- 2 MAGNETIC GLASSD RY ERASE …119274WELLS FARGO BUSINESS CARD 101-1004-60420 39.00Administration06/2018- OVERLIMIT FEE119274WELLS FARGO BUSINESS CARD 101-1006-60102 20.00Travel & Training06/2018- CSMFO COMM TWOHEY119274WELLS FARGO BUSINESS CARD 101-1006-60320 -15,000.00Operating Supplies06/2018- ACH CREDIT CARD TRANSFER119274WELLS FARGO BUSINESS CARD 101-1006-60420 218.29Operating Supplies06/2018- TIME STAMP119274WELLS FARGO BUSINESS CARD 101-1007-60401 255.95LQ Police Volunteers06/2018- CADET ACADEMY FLAGS119274WELLS FARGO BUSINESS CARD 101-2001-60109 746.82LQ Police Volunteers06/2018- CADET ACADEMY119274WELLS FARGO BUSINESS CARD 101-2001-60109 958.80Operating Supplies06/2018- ANNL POLICE DEVICE FEE119274WELLS FARGO BUSINESS CARD 101-2001-60420 77.95Disaster Prep Supplies06/2018- RED CROSS TRANSLATORS119274WELLS FARGO BUSINESS CARD 101-2002-60406 75.61Printing06/2018- RED CROSS TRANSLATORS119274WELLS FARGO BUSINESS CARD 101-2002-60410 605.41Non-Reimbursable Misc06/2018- COFFEE BREWER119274WELLS FARGO BUSINESS CARD 101-2002-60445 755.81Non-Reimbursable Misc06/2018- FIRE STATION DUMBBELLS119274WELLS FARGO BUSINESS CARD 101-2002-60445 1,974.69Non-Reimbursable Misc06/2018- FS 32 ICE MACHINE119274WELLS FARGO BUSINESS CARD 101-2002-60445 1,129.32Repair & Maintenance - EOC06/2018- SMART SOLUTIONS119274WELLS FARGO BUSINESS CARD 101-2002-60671 1,045.00Travel & Training06/2018- CALPERLA119274WELLS FARGO BUSINESS CARD 101-3001-60320 27.98Community Experiences06/2018- MUSIC LIGHTS119274WELLS FARGO BUSINESS CARD 101-3003-60149 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FARGO BUSINESS CARD 101-0000-13600 525.00Prepaid Expense06/2018- ANNL CONF - EVANS119276WELLS FARGO BUSINESS CARD 101-0000-13600 525.00Prepaid Expense06/2018- ANNL CONF - FRITZPATRICK119276WELLS FARGO BUSINESS CARD 101-0000-13600 525.00Prepaid Expense06/2018- ANNL CONF - ESCOBEDO119276WELLS FARGO BUSINESS CARD 101-0000-13600 -64.58Sales Taxes Payable06/2018- USB DRIVES TAX119276WELLS FARGO BUSINESS CARD 101-0000-20304 75.00Travel & Training06/2018- LCV CLASS119276WELLS FARGO BUSINESS CARD 101-1001-60320 98.46Travel & Training06/2018- COUNCIL DINNER MTG119276WELLS FARGO BUSINESS CARD 101-1001-60320 32.25Travel & Training06/2018- CITY COUNCIL MTG119276WELLS FARGO BUSINESS CARD 101-1001-60320 29.58Travel & Training06/2018- COUNCIL MTG119276WELLS FARGO BUSINESS CARD 101-1001-60320 41 Demand Register Packet: APPKT01661 - DA 07/13/2018 7/12/2018 5:34:44 PM Page 4 of 9 AmountVendor Name Payment Number Description (Item)Account Name Account Number 176.11Operating Supplies06/2018- PROCLAMATION 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MATER…201-7003-60431 -440.00Materials/Supplies03/21/18- CONCRETE MATERIAL CREDIT119254SEPULVEDA BUILDING MATER…201-7003-60431 631.00Materials/Supplies04/12/18- CONCRETE MATERIAL119254SEPULVEDA BUILDING MATER…201-7003-60431 -440.00Materials/Supplies04/12/18- CONCRETE MATERIAL CREDIT119254SEPULVEDA BUILDING MATER…201-7003-60431 191.00Materials/Supplies05/03/18- CONCRETE MATERIAL119254SEPULVEDA BUILDING MATER…201-7003-60431 205.19Materials/Supplies05/08/18- CONCRETE MATERIAL119254SEPULVEDA BUILDING MATER…201-7003-60431 609.52Materials/Supplies05/18/18- CONCRETE MATERIALS119254SEPULVEDA BUILDING MATER…201-7003-60431 -440.00Materials/Supplies05/18/18- CONCRETE MATERIAL CREDIT119254SEPULVEDA BUILDING MATER…201-7003-60431 832.92Traffic Control Signs01/19/18- SIGNS119263TOPS'N BARRICADES INC 201-7003-60429 237.08Traffic Control Signs02/27/18- HANDICAP SIGN119263TOPS'N BARRICADES INC 201-7003-60429 233.92Traffic Control Signs02/27/18-SPEED LIMIT SIGN119263TOPS'N BARRICADES INC 201-7003-60429 432.06Traffic Control Signs06/26/18- TRAFFIC CONTROL SIGNS119263TOPS'N BARRICADES INC 201-7003-60429 324.73Traffic Control Signs06/28/18- SIGNS119263TOPS'N BARRICADES INC 201-7003-60429 717.10Barricades06/28/18- DURA POST BARRICADE119263TOPS'N BARRICADES INC 201-7003-60428 53.18Traffic Control Signs06/28/18- SIGNS119263TOPS'N BARRICADES INC 201-7003-60429 104.51Traffic Control Signs06/29/18- STOP SIGN119263TOPS'N BARRICADES INC 201-7003-60429 462.46Barricades06/29/18- STENCILS & BARRICADES119263TOPS'N BARRICADES INC 201-7003-60428 192.71Paint/Legends06/29/18- TRAFFIC PAINT119263TOPS'N BARRICADES INC 201-7003-60433 69.40Materials/Supplies07/01/18- DIG ALERT SVC 37119267UNDERGROUND SERVICE ALERT 201-7003-60431 Fund 201 - GAS TAX FUND Total:8,074.81 Fund: 202 - LIBRARY & MUSEUM FUND 190.00Security & Alarm06/19/18- LIBRARY FIRE SYSTEM MAINT119168ALARM MONITORING SERVICE…202-3004-60123 95.00Security & Alarm06/13/18- MUSEUM ELEVATOR ALARM M…119168ALARM MONITORING SERVICE…202-3006-60123 140.06Utilities - Water07/09/18- WATER SERVICE119182COACHELLA VALLEY WATER DI…202-3006-61200 16.66Utilities - Gas05/18-06/19/18- LIBRARY GAS SERVICE119208GAS COMPANY, THE 202-3004-61100 49.00Pest Control06/29/18- MUSEUM PEST CONTROL119266TRULY NOLEN INC 202-3006-60116 698.00Prepaid Items06/2018- CALPERS ED FORUM119274WELLS FARGO BUSINESS CARD 202-0000-13600 2,406.02Furniture06/2018- WORK TABLES MAKERSPACE119274WELLS FARGO BUSINESS CARD 202-3004-71020 Fund 202 - LIBRARY & MUSEUM FUND Total:3,594.74 42 Demand Register Packet: APPKT01661 - DA 07/13/2018 7/12/2018 5:34:44 PM Page 5 of 9 AmountVendor Name Payment Number Description (Item)Account Name Account Number Fund: 215 - LIGHTING & LANDSCAPING FUND 176.75Utilities - Water - Medians07/02/2018- WATER SERVICE119182COACHELLA VALLEY WATER DI…215-7004-61211 363.05Utilities - Water - Medians07/09/18- WATER SERVICE119182COACHELLA VALLEY WATER DI…215-7004-61211 7.53Materials/Supplies06/29/18- ELECTRICAL MATERIAL119195DESERT ELECTRIC SUPPLY 215-7004-60431 6,100.00ConsultantsCITYWIDE LANDSCAPE LIGHTING MAINTE…119212HORIZON LIGHTING 215-7004-60104 40.57Utilities - Electric07/02/2018- ELECTRICITY SERVICE119214IMPERIAL IRRIGATION DIST 215-7004-61116 89.87Materials/Supplies05/25-06/19/18- PVC FITTINGS119221LOWE'S HOME IMPROVEMENT…215-7004-60431 124.30Materials/Supplies06/30/18- ACETYLENE119238PRAXAIR INC 215-7004-60431 87.39Operating Supplies06/20/18- IXORA COCCINEA PLANTS119272VINTAGE ASSOCIATES 215-7004-60420 Fund 215 - LIGHTING & LANDSCAPING FUND Total:6,989.46 Fund: 221 - AB 939 - CALRECYCLE FUND 2,499.00AB 939 Recycling Solutions06/13/18- RECYCLING VIDEOS119200EMBE ADVERTISING AGENCY 221-0000-60127 14.50AB 939 Recycling Solutions06/2018- RECYCLING PRODUCTION SUPPL…119276WELLS FARGO BUSINESS CARD 221-0000-60127 228.39AB 939 Recycling Solutions05/2018 - RECYCLING VIDEO SHIRTS119276WELLS FARGO BUSINESS CARD 221-0000-60127 Fund 221 - AB 939 - CALRECYCLE FUND Total:2,741.89 Fund: 224 - TUMF FUND 63,049.82TUMF Payable to CVAG06/2018- TUMF FEE119178COACHELLA VALLEY ASSOC OF…224-0000-20320 Fund 224 - TUMF FUND Total:63,049.82 Fund: 241 - HOUSING AUTHORITY 1,182.50Attorney810762- HOUSING AUTHORITY119249RUTAN & TUCKER 241-9101-60153 Fund 241 - HOUSING AUTHORITY Total:1,182.50 Fund: 248 - SA 2004 LO/MOD BOND FUND (Refinanced in 2014) 1,609.11Relocation Benefits07/09/18- RELOCATION BENEFITS119176CASTRO, CARMEN 248-9102-60159 1,693.77Relocation Benefits07/12/18- WSA RELOCATION BENEFITS119189COX, JOHN 248-9102-60159 174.30Relocation Benefits05/22-06/20/18- WSA TEMP RELOCATION…119214IMPERIAL IRRIGATION DIST 248-9102-60159 1,693.77Relocation Benefits07/12/18- WSA RELOCATION BENEFITS119232OLIVARES DE SALINAS, MARIA 248-9102-60159 1,609.11Relocation Benefits07/10/18- WSA RELOCATION BENEFITS119240RAMIREZ, JOSE 248-9102-60159 130.48Relocation Benefits06/2018- WSA RELOCATION SUPPLIES119276WELLS FARGO BUSINESS CARD 248-9102-60159 163.10Relocation Benefits05/2018- 2 PHONES FOR WSA RELOCATES119276WELLS FARGO BUSINESS CARD 248-9102-60159 108.73Relocation Benefits05/2018-PET CARRIER119276WELLS FARGO BUSINESS CARD 248-9102-60159 113.49Relocation Benefits05/2018- RELOCATION REFRESHMENTS119276WELLS FARGO BUSINESS CARD 248-9102-60159 163.09Relocation Benefits05/2018 - WSA PET CARRIERS119276WELLS FARGO BUSINESS CARD 248-9102-60159 Fund 248 - SA 2004 LO/MOD BOND FUND (Refinanced in 2014) Total:7,458.95 Fund: 270 - ART IN PUBLIC PLACES FUND 4,600.00APP Maintenance07/02/18- PORTAL OF PUPPIES RESTORAT…119190CUSH TILE 270-0000-60683 Fund 270 - ART IN PUBLIC PLACES FUND Total:4,600.00 Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS 49,186.25DesignDUNE PALMS BRIDGE LOW WATER CROSS…119172BENGAL ENGINEERING INC 401-0000-60185 100.00Design07/09/18- SRR ENCROACHMENT FEE119185COACHELLA VALLEY WATER DI…401-0000-60185 2,850.00TechnicalON CALL TRAFFIC SIGNAL REPAIR119204FORBES TRAFFIC SOLUTIONS I…401-0000-60108 6,842.50DesignON-CALL PROFESSIONAL SVCS119211HERMANN DESIGN GROUP INC 401-0000-60185 135.00DesignON-CALL PROF LANDSCAPE ARCHITECTUR…119211HERMANN DESIGN GROUP INC 401-0000-60185 4,265.20DesignSRR PHASE II INFRASTRUCTURE PRJ 20141…119223MICHAEL BAKER INTERNATIO…401-0000-60185 9,385.14DesignSRR PHASE II INFRASTRUCTURE PRJ 20170…119223MICHAEL BAKER INTERNATIO…401-0000-60185 4,210.00DesignSRR PHASE II INFRASTRUCTURE PRJ 20141…119223MICHAEL BAKER INTERNATIO…401-0000-60185 2,107.50TechnicalON-CALL CONTRUCTION SURVEYING 05/2…119226MSA CONSULTING INC 401-0000-60108 3,797.50TechnicalON-CALL CONSTRUCTION SURVEYING 05/…119227MSA CONSULTING INC 401-0000-60108 4,178.24ConstructionRRFB-LQ HIGH CROSSWALK119228NEXTECH 401-0000-60188 1,385.00Land Acquisition07/12/18- RELOCATION EXPENSES119252SANDOVAL, RAQUEL 401-0000-74010 1,385.00Land Acquisition07/12/18- RELOCATION EXPENSES119253SANDOVAL, RAQUEL 401-0000-74010 Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total:89,827.33 Fund: 501 - FACILITY & FLEET REPLACEMENT 16,531.44Vehicle Repair & Maintenance07/01-07/31/18- FLEET LEASE119201ENTERPRISE FM TRUST 501-0000-60676 291.38Fuel & Oil06/25/18- HAZARDOUS WASTE OIL119202ENVIRONMENTAL LOGISTICS, …501-0000-60674 1,309.06Fuel & Oil07/02/18- FUEL CHARGES119206FUELMAN 501-0000-60674 1,393.98Cvc Ctr Bldg Repl/Repair06/27/18- CITY HALL GLASS PARTITION119210HENRY'S GLASS COMPANY 501-0000-71103 459.00Car Washes06/30/18- CAR WASHES119241RAN AUTO DETAIL 501-0000-60148 2,340.64Fuel & Oil06/15-06/30/18- UNLEAD/DIESEL FUEL119264TOWER ENERGY GROUP 501-0000-60674 43 Demand Register Packet: APPKT01661 - DA 07/13/2018 7/12/2018 5:34:44 PM Page 6 of 9 AmountVendor Name Payment Number Description (Item)Account Name Account Number 127.35Vehicle Repair & Maintenance06/2018- COP CAR BATTERY119274WELLS FARGO BUSINESS CARD 501-0000-60676 2,390.09Furniture06/2018- TABLES & CART FOR SS ROOM119274WELLS FARGO BUSINESS CARD 501-0000-71020 845.00Furniture06/2018- D&D DIRECTOR DESK119274WELLS FARGO BUSINESS CARD 501-0000-71020 Fund 501 - FACILITY & FLEET REPLACEMENT Total:25,687.94 Fund: 502 - INFORMATION TECHNOLOGY 736.30Copiers06/20-07/19/18- CONTRACT CHARGES119175CANON FINANCIAL SERVICES, …502-0000-60662 238.98Utilities - Cable05/24-06/23/18- CABLE SERVICE119262TIME WARNER CABLE 502-0000-61400 238.98Utilities - Cable06/24-07/23/18- CABLE SERVICE119262TIME WARNER CABLE 502-0000-61400 239.00Prepaid Items06/2018- 1 YR SUB EMAIL SERVER119274WELLS FARGO BUSINESS CARD 502-0000-13600 190.00Software Licenses06/2018- GOOGLE119274WELLS FARGO BUSINESS CARD 502-0000-60301 190.00Software Licenses06/2018- G SUITE APP119274WELLS FARGO BUSINESS CARD 502-0000-60301 249.00Software Licenses06/2018- SSL CERT 2ND RENEWAL119274WELLS FARGO BUSINESS CARD 502-0000-60301 1,144.67Software Licenses06/2018- MICROSOFT119274WELLS FARGO BUSINESS CARD 502-0000-60301 259.90Software Licenses06/2018- LAQUINTACA GOV DOMAINS119274WELLS FARGO BUSINESS CARD 502-0000-60301 401.42Software Licenses06/2018- MICROSOFT AZURE119274WELLS FARGO BUSINESS CARD 502-0000-60301 1,093.49Computers06/2018- HUB COMPUTER119274WELLS FARGO BUSINESS CARD 502-0000-80103 369.75Computers06/2018- WIRELESS ZONEFLEX MAKERSPA…119274WELLS FARGO BUSINESS CARD 502-0000-80103 28.23Computers06/2018- TP LINK MAKERSPACE119274WELLS FARGO BUSINESS CARD 502-0000-80103 50.00Software Licenses06/2018- BASECAMP 50119276WELLS FARGO BUSINESS CARD 502-0000-60301 19.99Software Licenses06/2018- ADOBE SERVICE119276WELLS FARGO BUSINESS CARD 502-0000-60301 50.00Software Licenses05/2018 - BASECAMP 2119276WELLS FARGO BUSINESS CARD 502-0000-60301 Fund 502 - INFORMATION TECHNOLOGY Total:5,499.71 Fund: 503 - PARK EQUIP & FACILITY FUND 950.00Parks06/14-07/03/18- FC SLAB RECOMMENDAT…119219LANDMARK GEO-ENGINEERS &…503-0000-71060 -137.61Parks05/25-06/19/18- RETURN119221LOWE'S HOME IMPROVEMENT…503-0000-71060 152.90Parks05/25-06/19/18- FB POOL DECK CHAIRS119221LOWE'S HOME IMPROVEMENT…503-0000-71060 825.67Parks05/25-06/19/18- FB POOL DECK CHAIRS119221LOWE'S HOME IMPROVEMENT…503-0000-71060 Fund 503 - PARK EQUIP & FACILITY FUND Total:1,790.96 Fund: 601 - SILVERROCK RESORT 3,975.00Repair & Maintenance06/21/18- SRR FENCE REPAIR119251SAM'S FENCE COMPANY 601-0000-60660 Fund 601 - SILVERROCK RESORT Total:3,975.00 Fund: 760 - SUPPLEMENTAL PENSION PLAN 12,832.86Annual PARS Contribution08/01/18- ANNUAL CONTRIBUTION119269US BANK-PARS #6745031400 760-0000-50199 Fund 760 - SUPPLEMENTAL PENSION PLAN Total:12,832.86 Grand Total:487,659.35 44 Demand Register Packet: APPKT01661 - DA 07/13/2018 7/12/2018 5:34:44 PM Page 7 of 9 Fund Summary Fund Expense Amount 101 - GENERAL FUND 250,353.38 201 - GAS TAX FUND 8,074.81 202 - LIBRARY & MUSEUM FUND 3,594.74 215 - LIGHTING & LANDSCAPING FUND 6,989.46 221 - AB 939 - CALRECYCLE FUND 2,741.89 224 - TUMF FUND 63,049.82 241 - HOUSING AUTHORITY 1,182.50 248 - SA 2004 LO/MOD BOND FUND (Refinanced in 2014)7,458.95 270 - ART IN PUBLIC PLACES FUND 4,600.00 401 - CAPITAL IMPROVEMENT PROGRAMS 89,827.33 501 - FACILITY & FLEET REPLACEMENT 25,687.94 502 - INFORMATION TECHNOLOGY 5,499.71 503 - PARK EQUIP & FACILITY FUND 1,790.96 601 - SILVERROCK RESORT 3,975.00 760 - SUPPLEMENTAL PENSION PLAN 12,832.86 Grand Total:487,659.35 Account Summary Account Number Account Name Expense Amount 101-0000-13600 Prepaid Expense 5,830.00 101-0000-20304 Sales Taxes Payable -431.42 101-0000-20310 MSHCP Mitigation Fee 15,679.00 101-0000-20949 LT Care Insurance Pay 196.05 101-0000-20981 United Way Deductions 62.00 101-0000-20985 Garnishments Payable 200.00 101-0000-42300 Cash Over/Short 435.50 101-0000-43631 CVMSHCP Admin Fee -156.79 101-1001-60320 Travel & Training 731.75 101-1001-60420 Operating Supplies 176.11 101-1002-60320 Travel & Training 64.70 101-1002-60351 Membership Dues 60,511.26 101-1002-60420 Operating Supplies 497.50 101-1003-60153 Attorney 38,528.11 101-1004-60104 Consultants 384.00 101-1004-60129 Recruiting/Pre-Employme…2,556.06 101-1004-60320 Travel & Training 1,142.09 101-1004-60322 Training & Education/MOU 276.51 101-1004-60400 Office Supplies 69.35 101-1004-60420 Operating Supplies 521.98 101-1005-60103 Professional Services 1,920.85 101-1005-60125 Temporary Agency Servic…949.20 101-1005-60320 Travel & Training 173.64 101-1006-60102 Administration 39.00 101-1006-60320 Travel & Training 41.53 101-1006-60351 Membership Dues 155.00 101-1006-60400 Office Supplies 182.04 101-1006-60410 Printing 501.72 101-1006-60420 Operating Supplies -25,000.00 101-1007-60401 Operating Supplies 218.29 101-1007-60402 Forms 363.31 101-1007-60403 Citywide Conf Room Suppl…428.20 101-1007-60535 Sales Tax Reimbursements 6,801.99 101-1007-60661 Postage Machine 1,029.48 101-2001-60109 LQ Police Volunteers 1,002.77 101-2001-60420 Operating Supplies 958.80 101-2002-60406 Disaster Prep Supplies 77.95 101-2002-60410 Printing 75.61 101-2002-60445 Non-Reimbursable Misc 3,335.91 101-2002-60670 Fire Station 8,136.25 45 Demand Register Packet: APPKT01661 - DA 07/13/2018 7/12/2018 5:34:44 PM Page 8 of 9 Account Summary Account Number Account Name Expense Amount 101-2002-60671 Repair & Maintenance - E…1,129.32 101-2002-61100 Utilities - Gas 27.31 101-2002-61200 Utilities - Water 119.28 101-2002-61304 Mobile/Cell Phones 4,016.48 101-2002-61400 Utilities - Cable 173.11 101-3001-60320 Travel & Training 1,045.00 101-3002-60107 Instructors 1,097.30 101-3002-60352 Subscriptions & Publicati…64.54 101-3002-60400 Office Supplies 11.19 101-3002-60420 Operating Supplies 553.19 101-3003-60122 Credit Card Fees 25.20 101-3003-60149 Community Experiences 62.77 101-3003-60420 Operating Supplies 2,251.20 101-3005-60104 Consultants 1,780.00 101-3005-60117 Civic Center Lake Mainten…1,605.50 101-3005-60184 Fritz Burns Pool 5,247.90 101-3005-60400 Office Supplies 72.38 101-3005-60423 Supplies-Graffiti and Van…498.31 101-3005-60431 Materials/Supplies 1,513.64 101-3005-60554 LQ Park Water Feature 407.00 101-3005-61207 Utilities - Water -Pioneer …69.17 101-3005-61300 Utilities - Telephone 34.93 101-3007-60351 Membership Dues 10,075.00 101-3007-60461 Marketing & Tourism Pro…7,346.93 101-3008-60116 Pest Control 205.00 101-3008-60123 Security & Alarm 95.00 101-3008-60196 Annual Permits/Inspectio…1,386.00 101-3008-60431 Materials/Supplies 294.71 101-3008-60667 HVAC 481.28 101-3008-60691 Maintenance/Services 266.37 101-3008-61100 Utilities - Gas 111.37 101-6001-60102 Administration 20.00 101-6001-60104 Consultants 2,750.00 101-6003-60420 Operating Supplies 223.97 101-6004-60111 Administrative Citation Se…1,558.00 101-6004-60197 Animal Shelter Contract S…14,337.50 101-6004-60400 Office Supplies 25.64 101-6004-60425 Supplies - Field 6,115.66 101-6004-60690 Uniforms 258.52 101-7002-60183 Map/Plan Checking 2,158.00 101-7003-60320 Travel & Training 1,583.19 101-7003-60420 Operating Supplies 17.26 101-7003-80104 City Parking Lots 2,620.00 101-7006-60144 Contract Traffic Engineer 16,560.00 101-7006-60146 PM 10 - Dust Control 30,431.65 101-7006-60320 Travel & Training 251.17 101-7006-60420 Operating Supplies 711.14 201-7003-60428 Barricades 1,179.56 201-7003-60429 Traffic Control Signs 2,218.40 201-7003-60431 Materials/Supplies 1,263.53 201-7003-60433 Paint/Legends 213.32 201-7003-60672 Storm Drains 3,200.00 202-0000-13600 Prepaid Items 698.00 202-3004-60123 Security & Alarm 190.00 202-3004-61100 Utilities - Gas 16.66 202-3004-71020 Furniture 2,406.02 202-3006-60116 Pest Control 49.00 202-3006-60123 Security & Alarm 95.00 46 Demand Register Packet: APPKT01661 - DA 07/13/2018 7/12/2018 5:34:44 PM Page 9 of 9 Account Summary Account Number Account Name Expense Amount 202-3006-61200 Utilities - Water 140.06 215-7004-60104 Consultants 6,100.00 215-7004-60420 Operating Supplies 87.39 215-7004-60431 Materials/Supplies 221.70 215-7004-61116 Utilities - Electric 40.57 215-7004-61211 Utilities - Water - Medians 539.80 221-0000-60127 AB 939 Recycling Solutions 2,741.89 224-0000-20320 TUMF Payable to CVAG 63,049.82 241-9101-60153 Attorney 1,182.50 248-9102-60159 Relocation Benefits 7,458.95 270-0000-60683 APP Maintenance 4,600.00 401-0000-60108 Technical 8,755.00 401-0000-60185 Design 74,124.09 401-0000-60188 Construction 4,178.24 401-0000-74010 Land Acquisition 2,770.00 501-0000-60148 Car Washes 459.00 501-0000-60674 Fuel & Oil 3,941.08 501-0000-60676 Vehicle Repair & Mainte…16,658.79 501-0000-71020 Furniture 3,235.09 501-0000-71103 Cvc Ctr Bldg Repl/Repair 1,393.98 502-0000-13600 Prepaid Items 239.00 502-0000-60301 Software Licenses 2,554.98 502-0000-60662 Copiers 736.30 502-0000-61400 Utilities - Cable 477.96 502-0000-80103 Computers 1,491.47 503-0000-71060 Parks 1,790.96 601-0000-60660 Repair & Maintenance 3,975.00 760-0000-50199 Annual PARS Contribution 12,832.86 Grand Total:487,659.35 Project Account Summary Project Account Key Expense Amount **None**396,882.02 091004L 2,770.00 111205D 49,186.25 141517D 8,575.20 1718PMPT 3,797.50 1718TMICT 4,178.24 1718TMIT 2,850.00 201603D 135.00 201608D 6,842.50 201705T 2,107.50 201709D 9,385.14 NATFITE 950.00 Grand Total:487,659.35 47 7/20/2018 3:13:13 PM Page 1 of 8 Demand Register City of La Quinta Packet: APPKT01670 - DA 07/20/2018 AmountVendor Name Payment Number Description (Item)Account Name Account Number Fund: 101 - GENERAL FUND -32.57Sales Taxes Payable05/17/18- WC GYM WIPES & DISPENSER …1192792XL CORPORATION 101-0000-20304 518.14Operating Supplies05/17/18- WC GYM WIPES & DISPENSER1192792XL CORPORATION 101-3002-60420 -26.53Sales Taxes Payable07/12/18- WC GYM WIPES1192792XL CORPORATION 101-0000-20304 438.45Operating Supplies07/12/18- WC GYM WIPES1192792XL CORPORATION 101-3002-60420 165.00Security & Alarm07/01/18-09/30/18- LQ PARK119280ALARM MONITORING SERVICE…101-3008-60123 165.00Security & Alarm07/01/18-09/30/18- CITY HALL119280ALARM MONITORING SERVICE…101-3008-60123 165.00Security & Alarm07/01/18-09/30/18- THE YARD119280ALARM MONITORING SERVICE…101-3008-60123 165.00Security & Alarm07/01/18-09/30/18- WC119280ALARM MONITORING SERVICE…101-3008-60123 255.00Fire Station07/01/18-09/30/18- FS # 32 FIRE119280ALARM MONITORING SERVICE…101-2002-60670 255.00Fire Station07/01/18-09/30/18- FS #93 FIRE119280ALARM MONITORING SERVICE…101-2002-60670 255.00Security & Alarm07/01/18-09/30/18- CITY HALL FIRE119280ALARM MONITORING SERVICE…101-3008-60123 255.00Security & Alarm07/01/18-09/30/18- WC FIRE119280ALARM MONITORING SERVICE…101-3008-60123 50,000.00BuildingsALONGI MOBILE STRUCTURE PAYMENT119281ALONGI EBENISTERIE ET GC INC 101-1007-71050 50,000.00BuildingsALONGI MOBILE STRUCTURE PAYMENT119281ALONGI EBENISTERIE ET GC INC 101-1007-71050 466.86Operating Supplies05/16/18- WC FITCARDS119282ALPHA CARD 101-3002-60420 371.73Operating Supplies07/16/18- WC FITPASS CARDS119282ALPHA CARD 101-3002-60420 120.00Blood/Alcohol Testing06/15/18- BLOOD ANALYSIS119283AMERICAN FORENSIC NURSES …101-2001-60174 181.47Operating Supplies07/05/18- WC JANITORIAL SUPPLIES119284AMERIPRIDE SERVICES INC 101-3002-60420 132.18PM 10 - Dust Control07/09-08/05/18- PM 10 ANSWERING SERV…119285ANSAFONE CONTACT CENTERS…101-7006-60146 1,881.00Training & Education/MOU07/19/18- TUITION REIMB119286AYON, UBALDO 101-1004-60322 5,844.23Recruiting/Pre-EmploymentRecruitment services - D&D Director (rou…119288BLACK & COMPANY LLC, TERI 101-1004-60129 400.00Cash Over/Short06/20/18- REFUND OVERPAYMENT119290CALIFORNIA CLOSETS 101-0000-42300 7,980.45Dental Insurance Pay07/2018- DENTAL INSURANCE119292CIGNA HEALTH CARE 101-0000-20943 100.00Sheriff - Other07/13/18- COP VEHICLE TOW119293CLASSIC AUTO TRANSPORT 101-2001-60176 375.89Utilities - Water07/12/18- WATER SERVICE119294COACHELLA VALLEY WATER DI…101-2002-61200 714.83Utilities - Water -Monticello Pa…07/12/18- WATER SERVICE119294COACHELLA VALLEY WATER DI…101-3005-61201 16.92Utilities - Water -Seasons Park07/12/18- WATER SERVICE119294COACHELLA VALLEY WATER DI…101-3005-61208 172.53Utilities - Water -Community P…07/12/18- WATER SERVICE119294COACHELLA VALLEY WATER DI…101-3005-61209 257.69Utilities - Water07/13/18- WATER SERVICE119294COACHELLA VALLEY WATER DI…101-2002-61200 128.00Utilities - Water -Fritz Burns pa…07/13/18- WATER SERVICE119294COACHELLA VALLEY WATER DI…101-3005-61204 140.58Utilities - Water07/13/18- WATER SERVICE119294COACHELLA VALLEY WATER DI…101-3008-61200 2,334.00Utilities - Water -Monticello Pa…07/17/18- WATER SERVICE119294COACHELLA VALLEY WATER DI…101-3005-61201 445.37Utilities - Water -Desert Pride07/12/18- WATER SERVICE119294COACHELLA VALLEY WATER DI…101-3005-61206 261.89Utilities - Water07/17/18- WATER SERVICE119294COACHELLA VALLEY WATER DI…101-2002-61200 107.02Utilities - Water -Eisenhower P…07/17/18- WATER SERVICE119294COACHELLA VALLEY WATER DI…101-3005-61203 108.46Utilities - Water -Velasco Park07/17/18- WATER SERVICE119294COACHELLA VALLEY WATER DI…101-3005-61205 140.00Instructors07/12/18- SUN STYLE TAI CHI119295COHEN, ANN MARIE 101-3002-60107 885.00Tree Maintenance03/15/18- TREE REMOVAL BERMUDAS PA…119296CONSERVE LANDCARE 101-3005-60557 120.00Membership Dues09/2018- MEMBERSHIP RENEWAL119297COSTCO WHOLESALE MEMBE…101-1007-60351 6,932.18Membership Dues07/01/18- FY 19 LAFCO FEES119298COUNTY OF RIVERSIDE 101-1002-60351 366.50Administrative Citation Services06/2018- CODE CITATION PROCESS119299DATA TICKET, INC.101-6004-60111 638.55Administrative Citation Services06/2018- CITATIONS PROCESSING119299DATA TICKET, INC.101-6004-60111 1,670.14SMIP Fees Payable04/2018-06/2018- SEISMIC HAZING MAPI…119300DEPARTMENT OF CONSERVAT…101-0000-20308 -83.50SMIP Fees04/2018-06/2018- SEISMIC HAZING MAPI…119300DEPARTMENT OF CONSERVAT…101-0000-42610 70.00Blood/Alcohol Testing04/2018- BLOOD ANALYSIS119301DEPARTMENT OF JUSTICE 101-2001-60174 45.93Subscriptions & Publications07/31/18-08/31/18- SUBSCRIPTION SERVI…119302DESERT SUN, THE 101-6001-60352 118.98Materials/Supplies06/29/18- CITY HALL PAINT119303DUNN-EDWARDS CORPORATI…101-3008-60431 98.05Postage06/25/18- OVERNIGHT MAIL119304FEDEX 101-1007-60470 50.00Business Licenses03/29/18- REFUND DUPLICATE PAYMENT119305FELIX, JESSE V.101-0000-41600 4.00SB 1186 Revenue03/29/18- REFUND DUPLICATE PAYMENT119305FELIX, JESSE V.101-0000-42130 43.27Utilities - Telephone07/2018- LQ PARK PHONE119306FRONTIER COMMUNICATIONS…101-3005-61300 110.26Professional Services07/2018- ARMORED SERVICES119307GARDAWORLD 101-1006-60103 69.08Utilities - Gas05/25-06/26/18- FS #93 GAS SERVICE119308GAS COMPANY, THE 101-2002-61100 48 Demand Register Packet: APPKT01670 - DA 07/20/2018 7/20/2018 3:13:13 PM Page 2 of 8 AmountVendor Name Payment Number Description (Item)Account Name Account Number 3,500.00Contract Services - Administrat…FY18/19 STATE LOBBYING & ADVOCACY S…119309GONSALVES, JOE A & SON 101-1002-60101 788.00Recruiting/Pre-EmploymentNEOGOV PERFORM & INSIGHT ANNUAL S…119310GOVERNMENTJOBS.COM INC.101-1004-60129 4,900.00Professional ServicesCONSULTING SVCS FOR EMP LDRSHP & T…119312HENSON CONSULTING GROUP 101-1004-60103 500.00Lot Cleaning06/25/18- LOT CLEANING APN 773-233-0…119313HERNANDEZ, ADAN 101-6004-60120 650.00Lot Cleaning06/29/18- LOT ABATEMENT APN 773-234-…119313HERNANDEZ, ADAN 101-6004-60120 147.67Non-Reimbursable Misc06/2018- FIRE STATION WATER FILTER SY…119314HOME DEPOT CREDIT SERVICES 101-2002-60445 54.34Maintenance/Services06/2018- FS #93 GAS ALARM119314HOME DEPOT CREDIT SERVICES 101-2002-60691 128.90Maintenance/Services06/2018- FS#93 BATH FAUCET119314HOME DEPOT CREDIT SERVICES 101-2002-60691 23.32Maintenance/Services06/2018- FS#93 MATERIALS119314HOME DEPOT CREDIT SERVICES 101-2002-60691 -90.26Maintenance/Services06/2018- FS#32 COOLER MOTOR REFUND119314HOME DEPOT CREDIT SERVICES 101-2002-60691 46.97Materials/Supplies06/2018- FB PARK MATERIALS119314HOME DEPOT CREDIT SERVICES 101-3005-60431 184.17Materials/Supplies06/2018- CC BENCH REFINISHING119314HOME DEPOT CREDIT SERVICES 101-3005-60431 21.58Materials/Supplies06/2018- PIONEER PARK FLOWER POTS119314HOME DEPOT CREDIT SERVICES 101-3005-60431 187.27Tools/Equipment06/2018- SPORTS COMPLEX DRILL BET SET119314HOME DEPOT CREDIT SERVICES 101-3005-60432 18.68Materials/Supplies06/2018- CITY HALL MATERIALS119314HOME DEPOT CREDIT SERVICES 101-3008-60431 76.02Materials/Supplies06/2018- CITY HALL LAMP119314HOME DEPOT CREDIT SERVICES 101-3008-60431 -140.29Materials/Supplies06/2018- FB PARK SKYLITE RETURN119314HOME DEPOT CREDIT SERVICES 101-3008-60431 21.17Materials/Supplies06/2018- CITY HALL WALL TILE119314HOME DEPOT CREDIT SERVICES 101-3008-60431 475.17Materials/Supplies06/2018- FB PARK SELF FLASHING DOME119314HOME DEPOT CREDIT SERVICES 101-3008-60431 188.24Materials/Supplies06/2018- CITY HALL MATERIALS119314HOME DEPOT CREDIT SERVICES 101-3008-60431 102.18Materials/Supplies06/2018- SPORTS COMPLEX COOLER MO…119314HOME DEPOT CREDIT SERVICES 101-3008-60431 70.65Tools/Equipment06/2018- SAW BLADE119314HOME DEPOT CREDIT SERVICES 101-3008-60432 21.62Tools/Equipment06/2018- 28 PC WRENCH SET119314HOME DEPOT CREDIT SERVICES 101-3008-60432 133.64Tools/Equipment06/2018- DREMEL ROTARY TOOL119314HOME DEPOT CREDIT SERVICES 101-3008-60432 8.13Tools/Equipment06/2018- CITY HALL DREMEL STARTER KIT119314HOME DEPOT CREDIT SERVICES 101-3008-60432 65.24Tools/Equipment06/2018- DIRT DEVIL VACUUM119314HOME DEPOT CREDIT SERVICES 101-3008-60432 397.93Tools/Equipment06/2018- TILE SAW119314HOME DEPOT CREDIT SERVICES 101-3008-60432 257.76Operating Supplies06/2018- INSPECTION MATERIALS119314HOME DEPOT CREDIT SERVICES 101-6003-60420 79.39Operating Supplies06/2018- DUST MASKS119314HOME DEPOT CREDIT SERVICES 101-6003-60420 604.65Operating Supplies06/2018- BLDG INSPECTOR SUPPLIES119314HOME DEPOT CREDIT SERVICES 101-6003-60420 16.28Tools/Equipment06/2018- SAW BLADES119314HOME DEPOT CREDIT SERVICES 101-7003-60432 144.02Tools/Equipment06/2018- 18V DRILL BATTERIES119314HOME DEPOT CREDIT SERVICES 101-7003-60432 52.16Tools/Equipment06/2018- MATERIALS119314HOME DEPOT CREDIT SERVICES 101-7003-60432 476.00Map/Plan CheckingON-CALL ENGINEERING PLAN CHECK SERV…119316HR GREEN CALIFORNIA INC 101-7002-60183 224.00Instructors07/12/18- PERSONAL TRAINER119319KEPLER, KRISTOFFER 101-3002-60107 375.00Advertising07/11/18- NOTICE OF ELECTION 2018119321LA PRENSA HISPANA 101-1005-60450 100.00Miscellaneous Deposits07/16/18- PARK RENTAL CANCELLATION119322LA QUINTA ART ASSOCIATION 101-0000-22830 1,700.00Facility Rental07/16/18- PARK RENTAL CANCELLATION119322LA QUINTA ART ASSOCIATION 101-0000-42212 47.00Cash Over/Short07/06/18- REFUND DOUBLE PAYMENT119324LUX BOX AGENCY 101-0000-42300 129.50Instructors07/12/18- TAI CHI CHUAN119325MEDEIROS, JOYCELEEN 101-3002-60107 4.94Cash Over/Short06/21/18- REFUND OVERPAYMENT119327MILLANES, BARBARA OROZCO 101-0000-42300 1,450.00Travel & Training08/22-08/24/18- MUNICIPAL CLERK ACAD…119328MILLER MANAGEMENT & CON…101-1005-60320 99.00Instructors07/12/18- ZUMBA119329MISELL, STACY 101-3002-60107 273.02Subscriptions & Publications08/30/18-08/30/19- PUBLICATIONS/MOVI…119330MOTION PICTURE LICENSING …101-3002-60352 100.00Lot Cleaning05/24/18- LOT CLEANING APN 773-101-0…119331MOYA, DANIEL 101-6004-60120 414.33Postage07/02/18- INK119332NEOFUNDS BY NEOPOST 101-1007-60470 77.37Mobile/Cell Phones06/2018- EOC SATELLITE PHONES119333NI GOVERNMENT SERVICES INC 101-2002-61304 21.97Citywide Conf Room Supplies06/20/18- DESK PAPER & PLOTTER PAPER119334OFFICE DEPOT 101-1007-60403 19.22Office Supplies06/20/18- DESK PAPER & PLOTTER PAPER119334OFFICE DEPOT 101-6001-60400 134.09Forms07/02/18- CITYWIDE ENVELOPES119334OFFICE DEPOT 101-1007-60402 413.50Forms07/09/18- CITYWIDE COPY PAPER119334OFFICE DEPOT 101-1007-60402 759.36Temporary Agency Services07/06/18- CC TEMP SERVICES119335OFFICE TEAM 101-1005-60125 949.20Temporary Agency Services07/13/18- CC TEMP SERVICES119335OFFICE TEAM 101-1005-60125 25.98Postage06/30/2018- OVERNIGHT MAIL119336ONTRAC 101-1007-60470 80.00Membership Dues07/05/18- CISEC RENEWAL FEE119337PETERS, JAMES 101-7006-60351 787.96Operating Supplies06/2018- DUAL BAND RADIOS119341RIVERSIDE COUNTY INFORMAT…101-2001-60420 464.58Sheriff - Other0/25-06/24/18- MOTOR COPS FUEL CHAR…119342RIVERSIDE COUNTY SHERIFF D…101-2001-60176 408,471.62Sheriff Patrol07/2017-03/28/18- SHERIFF PATROL119343RIVERSIDE COUNTY SHERIFF D…101-2001-60161 -32,818.96Police Overtime07/2017-03/28/18 - PATROL DUTY OT119343RIVERSIDE COUNTY SHERIFF D…101-2001-60162 80,626.01Target Team07/2017-03/28/18 - TARGET TEAM119343RIVERSIDE COUNTY SHERIFF D…101-2001-60163 49 Demand Register Packet: APPKT01670 - DA 07/20/2018 7/20/2018 3:13:13 PM Page 3 of 8 AmountVendor Name Payment Number Description (Item)Account Name Account Number 41,375.92Community Services Officer07/2017-03/28/18 - COMM SERVICES OFF…119343RIVERSIDE COUNTY SHERIFF D…101-2001-60164 8,916.60Gang Task Force07/2017-03/28/18 - GANG TASK FORCE119343RIVERSIDE COUNTY SHERIFF D…101-2001-60166 8,916.60Narcotics Task Force07/2017-03/28/18 - NARCOTICS TASK FO…119343RIVERSIDE COUNTY SHERIFF D…101-2001-60167 56,673.54Motor Officer07/2017-03/28/18 - MOTOR OFFICER119343RIVERSIDE COUNTY SHERIFF D…101-2001-60169 18,588.63Dedicated Sargeant07/2017-03/28/18 - DEDICATED SARGEANT119343RIVERSIDE COUNTY SHERIFF D…101-2001-60170 5,537.23Dedicated Lieutenant07/2017-03/28/18 - DEDICATED LIEUTEN…119343RIVERSIDE COUNTY SHERIFF D…101-2001-60171 -19,762.69Sheriff - Mileage07/2017-03/28/18 - SHERIFF MILEAGE119343RIVERSIDE COUNTY SHERIFF D…101-2001-60172 5,534.49Special Enforcement Funds07/2017-03/28/18 - SPEC ENFORCEMENT …119343RIVERSIDE COUNTY SHERIFF D…101-2001-60175 795.20Instructors07/12/18- TAEKWONDO119344ROJAS, MIGUEL ANGEL 101-3002-60107 455.70Instructors07/12/18- BALLROOM DANCING119345SHIRY, TERESA 101-3002-60107 76.44Materials/Supplies05/02/18- FB PARK WF MATERIALS119346SMITH PIPE & SUPPLY CO 101-3005-60431 442.11Operating Supplies07/13/18- DRINKING WATER119347SPARKLETTS 101-7003-60420 56.33Citywide Conf Room Supplies07/13/18- DRINKING WATER119347SPARKLETTS 101-1007-60403 334.39Add'l Life Insurance Pay07/2018- ADD'L LIFE INSURANCE119348STANDARD INSURANCE COMP…101-0000-20948 6.00Cash Over/Short07/06/18- REFUND OVERPAYMENT119349STANGA, KIMBERLY J 101-0000-42300 143.50Operating Supplies06/25/18- INDEX TABS119350STAPLES ADVANTAGE 101-6003-60420 180.08Office Supplies07/02/18- TONER119350STAPLES ADVANTAGE 101-6001-60400 53.33Office Supplies07/09/18- OFFICE SUPPLIES119350STAPLES ADVANTAGE 101-1005-60400 -114.80Operating Supplies06/28/18- CREDIT119350STAPLES ADVANTAGE 101-6003-60420 29.90Office Supplies07/13/18- LABEL MAKER TAPE119350STAPLES ADVANTAGE 101-1005-60400 1,214.25Due to SunLine06/2018- SUNLINE BUS PASSES119351SUNLINE TRANSIT AGENCY 101-0000-20305 1,662.50Contract Services - Administrat…REAL ESTATE SERVICES119353TALL MAN GROUP INC 101-1002-60101 2,431.07Materials/Supplies04/17/18- CITY SIGNS119355TOP OF THE LINE SIGNS 101-3005-60431 197.70Travel & Training07/18/18- CPR TRAINING SUPPLIES REIMB119357TRIPLETT, ALCADIA 101-1004-60320 196.00Instructors07/12/18- SUNSET YOGA119358TRUE, ARTHUR ALLEN 101-3002-60107 137.50Travel & Training06/13/18- PO FISCAL YEAR END TRAINING119359TYLER TECHNOLOGIES 101-1006-60320 115.60Materials/Supplies06/21/18- CITY HALL KEYS119360VALLEY LOCK & SAFE 101-3008-60431 164.40Instructors07/12/18- MEDITATION119362VERMA,VIBHAKAR 101-3002-60107 1,587.92Vision Insurance Pay07/2018- VISION INSURANCE119363VISION SERVICE PLAN - (CA)101-0000-20945 25.89Vision Insurance Pay07/2018- COBRA VISION INSURANCE119363VISION SERVICE PLAN - (CA)101-0000-20945 -19.86Vision Insurance Pay06/2018- COBRA VISION CREDIT119363VISION SERVICE PLAN - (CA)101-0000-20945 200.00Election Deposit07/18/18- REFUND POLITICAL SIGN PERMIT119364WALLIS, GREG 101-0000-22835 67.16Maintenance/Services06/29/18- FS#93 ELECTRICAL MATERIAL119365WALTERS WHOLESALE ELECTR…101-2002-60691 Fund 101 - GENERAL FUND Total:751,654.95 Fund: 201 - GAS TAX FUND 80.80Materials/Supplies07/03/18- COLD MIX MATERIAL119291CALIFORNIA COMMERCIAL AS…201-7003-60431 415.23Materials/Supplies06/28/18- QUICK SHOT ANCHOR EPOXY119311HD SUPPLY CONSTRUCTION S…201-7003-60431 84.01Materials/Supplies06/28/18- QUICK SHOT ANCHOR EPOXY119311HD SUPPLY CONSTRUCTION S…201-7003-60431 165.08Asphalt06/2018- ASPHALT119314HOME DEPOT CREDIT SERVICES 201-7003-60430 59.81Materials/Supplies06/2018- QUICKRETE119314HOME DEPOT CREDIT SERVICES 201-7003-60431 59.15Materials/Supplies06/2018- SIGN REPAIR MATERIALS119314HOME DEPOT CREDIT SERVICES 201-7003-60431 24.98Materials/Supplies06/2018- FOAM EXPANSION JOINT119314HOME DEPOT CREDIT SERVICES 201-7003-60431 321.90Materials/Supplies06/2018- CONCRETE MATERIAL119314HOME DEPOT CREDIT SERVICES 201-7003-60431 44.24Materials/Supplies06/2018- EISEN & TAMPICO STREET MATE…119314HOME DEPOT CREDIT SERVICES 201-7003-60431 58.94Storm Drains06/2018- STORM DRAIN MAINT MATERIA…119314HOME DEPOT CREDIT SERVICES 201-7003-60672 107.72Paint/Legends07/10/18- LEGENDS PAINT119356TOPS'N BARRICADES INC 201-7003-60433 Fund 201 - GAS TAX FUND Total:1,421.86 Fund: 202 - LIBRARY & MUSEUM FUND 165.00Security & Alarm07/01/18-09/30/18- LIBRARY119280ALARM MONITORING SERVICE…202-3004-60123 165.00Security & Alarm07/01/18-09/30/18- MUSEUM119280ALARM MONITORING SERVICE…202-3006-60123 255.00Security & Alarm07/01/18-09/30/18- LIBRARY FIRE119280ALARM MONITORING SERVICE…202-3004-60123 255.00Security & Alarm07/01/18-09/30/18- MUSEUM FIRE119280ALARM MONITORING SERVICE…202-3006-60123 32.43Maintenance/Services06/2018- LIBRARY BIN119314HOME DEPOT CREDIT SERVICES 202-3004-60691 375.00Operating Supplies07/01/18-07/01/19- MUSEUM MOVIE LIC…119330MOTION PICTURE LICENSING …202-3006-60420 246.26Operating Supplies07/05/18- MAKERSPACE SIGNS119366XPRESS GRAPHICS 202-3004-60420 Fund 202 - LIBRARY & MUSEUM FUND Total:1,493.69 Fund: 212 - SLESA (COPS) FUND 3,770.39COPS Burglary/Theft Preventi…07/2017-03/28/18 - COPS BURG/THEFT P…119343RIVERSIDE COUNTY SHERIFF D…212-0000-60179 Fund 212 - SLESA (COPS) FUND Total:3,770.39 50 Demand Register Packet: APPKT01670 - DA 07/20/2018 7/20/2018 3:13:13 PM Page 4 of 8 AmountVendor Name Payment Number Description (Item)Account Name Account Number Fund: 215 - LIGHTING & LANDSCAPING FUND 905.22Materials/Supplies06/04/18- SAW BLADES119287BIG STATE INDUSTRIAL SUPPLY 215-7004-60431 2,030.44Utilities - Water - Medians07/12/18- WATER SERVICE119294COACHELLA VALLEY WATER DI…215-7004-61211 960.40Utilities - Water - Medians07/13/18- WATER SERVICE119294COACHELLA VALLEY WATER DI…215-7004-61211 2,167.76Utilities - Water - Medians07/17/18- WATER SERVICE119294COACHELLA VALLEY WATER DI…215-7004-61211 97.87Utilities - Electric07/07/18-08/06/18- PHONE SERVICE119306FRONTIER COMMUNICATIONS…215-7004-61116 17.92Supplies-Graffiti and Vandalism06/2018- GRAFFITI SUPPLIES119314HOME DEPOT CREDIT SERVICES 215-7004-60423 34.73Materials/Supplies06/2018- PRUNER CHAIN119314HOME DEPOT CREDIT SERVICES 215-7004-60431 12.94Materials/Supplies06/2018- WEDGE ANCHOR119314HOME DEPOT CREDIT SERVICES 215-7004-60431 59.66Materials/Supplies06/2018- SANDFILTER REPAIRS119314HOME DEPOT CREDIT SERVICES 215-7004-60431 88.23Utilities - Electric07/12/18- ELECTRICITY SERVICE119317IMPERIAL IRRIGATION DIST 215-7004-61116 38.48Utilities - Electric - Medians07/12/18- ELECTRICITY SERVICE119317IMPERIAL IRRIGATION DIST 215-7004-61117 299.20Utilities - Electric07/13/18- ELECTRICITY SERVICE119317IMPERIAL IRRIGATION DIST 215-7004-61116 12.34Utilities - Electric - Medians07/13/18- ELECTRICITY SERVICE119317IMPERIAL IRRIGATION DIST 215-7004-61117 181.09Utilities - Electric07/17/18- ELECTRICITY SERVICE119317IMPERIAL IRRIGATION DIST 215-7004-61116 13.46Utilities - Electric - Medians07/17/18- ELECTRICITY SERVICE119317IMPERIAL IRRIGATION DIST 215-7004-61117 299.99Materials/Supplies05/08/18- IRRIG MATERIALS119346SMITH PIPE & SUPPLY CO 215-7004-60431 Fund 215 - LIGHTING & LANDSCAPING FUND Total:7,219.73 Fund: 237 - SUCCESSOR AGCY PA 1 ADMIN 2,850.00ConsultantsREAL ESTATE SVCS/ SUCCESSOR AGENCY119353TALL MAN GROUP INC 237-9001-60104 Fund 237 - SUCCESSOR AGCY PA 1 ADMIN Total:2,850.00 Fund: 248 - SA 2004 LO/MOD BOND FUND (Refinanced in 2014) 5,227.25Relocation BenefitsRENT PAYMENT - MEDITERRA APARTMENT…119326MEDITERRA APARTMENT HO…248-9102-60159 11,591.25Relocation BenefitsWASHINGTON ST APT REHAB119353TALL MAN GROUP INC 248-9102-60159 Fund 248 - SA 2004 LO/MOD BOND FUND (Refinanced in 2014) Total:16,818.50 Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS 494.05Construction06/2018- CITY HALL RESTROOM WALL TILE119314HOME DEPOT CREDIT SERVICES 401-0000-60188 36.84Construction06/2018- CITY HALL RESTROOM REMODEL …119314HOME DEPOT CREDIT SERVICES 401-0000-60188 78.93Construction06/2018- CITY HALL RESTROOM REMODEL…119314HOME DEPOT CREDIT SERVICES 401-0000-60188 170.96Construction06/2018- CITY HALL RESTROOMS FIXTURES119314HOME DEPOT CREDIT SERVICES 401-0000-60188 734.15Construction06/2018- CITY HALL RESTROOM REMODEL…119314HOME DEPOT CREDIT SERVICES 401-0000-60188 632.94Construction06/2018- RESTROOM REMODEL WALL TILE119314HOME DEPOT CREDIT SERVICES 401-0000-60188 447.55Construction06/2018- CITY HALL RESTROOM REMODEL…119314HOME DEPOT CREDIT SERVICES 401-0000-60188 2,368.58Construction06/2018- CITY HALL RESTROOM WALL TILE119314HOME DEPOT CREDIT SERVICES 401-0000-60188 128.75Construction07/11/18- BIRD SPIDER KIT FOR LIGHT119318JTB SUPPLY CO., INC.401-0000-60188 13,146.75DesignKIMLEY HORN - SYSTEMIC SAFETY ANALYS…119320KIMLEY-HORN AND ASSOCIAT…401-0000-60185 188.73Construction07/12/18- CONSTRUCTION PLANS119339PLANIT REPROGRAPHICS SYST…401-0000-60188 Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total:18,428.23 Fund: 501 - FACILITY & FLEET REPLACEMENT 12.78Motorcycle Repair & Mainten…05/23/18- MOTOR COP LIGHT BULB119289BMW MOTORCYCLES OF RIVE…501-0000-60679 503.08Motorcycle Repair & Mainten…06/19/18- BMW R1200RTP BATTERY SERV…119289BMW MOTORCYCLES OF RIVE…501-0000-60679 57.02Street Sweeper06/2018- SWEEPER FUEL119308GAS COMPANY, THE 501-0000-60678 74.23Vehicle Repair & Maintenance06/2018- ARROW BOARD119314HOME DEPOT CREDIT SERVICES 501-0000-60676 37.31Cvc Ctr Bldg Repl/Repair06/2018- CITY HALL RESTROOM MATERIA…119314HOME DEPOT CREDIT SERVICES 501-0000-71103 20.78Cvc Ctr Bldg Repl/Repair06/2018- CITY HALL RESTROOMS DYNAFL…119314HOME DEPOT CREDIT SERVICES 501-0000-71103 47.14Cvc Ctr Bldg Repl/Repair06/2018- CITY HALL RESTROOM REMODEL…119314HOME DEPOT CREDIT SERVICES 501-0000-71103 399.00Car Washes07/15/18- VEHICLE CAR WASHES119340RAN AUTO DETAIL 501-0000-60148 2,344.45Street Sweeper07/02/18- SWEEPER SERVICE119352SWEEPER SHOP 501-0000-60678 Fund 501 - FACILITY & FLEET REPLACEMENT Total:3,495.79 Fund: 502 - INFORMATION TECHNOLOGY 3,205.65Software LicensesNEOGOV PERFORM AND INSIGHT ANNUAL…119310GOVERNMENTJOBS.COM INC.502-0000-60301 5,775.00Software LicensesNEOGOV PERFORM AND INSIGHT ANNUAL…119310GOVERNMENTJOBS.COM INC.502-0000-60301 2,475.00Software LicensesLONG RANGE FINANCIAL SOFTWARE AND …119338PFM SOLUTIONS LLC 502-0000-60301 131.61Utilities - Cable06/14-07/14/18- CABLE SERVICE119354TIME WARNER CABLE 502-0000-61400 978.03Technical05/26-06/25/18- LQPD WIRELESS119361VERIZON WIRELESS 502-0000-60108 Fund 502 - INFORMATION TECHNOLOGY Total:12,565.29 51 Demand Register Packet: APPKT01670 - DA 07/20/2018 7/20/2018 3:13:13 PM Page 5 of 8 AmountVendor Name Payment Number Description (Item)Account Name Account Number Fund: 503 - PARK EQUIP & FACILITY FUND 2,114.10Parks06/25/18- FB POOL EQUIPMENT119323LINCOLN AQUATICS 503-0000-71060 Fund 503 - PARK EQUIP & FACILITY FUND Total:2,114.10 Fund: 601 - SILVERROCK RESORT 603.50Bank Fees07/2018- SRR ARMORED SERVICE119307GARDAWORLD 601-0000-60455 11.09Bank Fees06/2018- SRR ARMORED SERVICES119307GARDAWORLD 601-0000-60455 53.63Bank Fees06/2018- SRR AMORED SERVICES119307GARDAWORLD 601-0000-60455 Fund 601 - SILVERROCK RESORT Total:668.22 Grand Total:822,500.75 52 Demand Register Packet: APPKT01670 - DA 07/20/2018 7/20/2018 3:13:13 PM Page 6 of 8 Fund Summary Fund Expense Amount 101 - GENERAL FUND 751,654.95 201 - GAS TAX FUND 1,421.86 202 - LIBRARY & MUSEUM FUND 1,493.69 212 - SLESA (COPS) FUND 3,770.39 215 - LIGHTING & LANDSCAPING FUND 7,219.73 237 - SUCCESSOR AGCY PA 1 ADMIN 2,850.00 248 - SA 2004 LO/MOD BOND FUND (Refinanced in 2014)16,818.50 401 - CAPITAL IMPROVEMENT PROGRAMS 18,428.23 501 - FACILITY & FLEET REPLACEMENT 3,495.79 502 - INFORMATION TECHNOLOGY 12,565.29 503 - PARK EQUIP & FACILITY FUND 2,114.10 601 - SILVERROCK RESORT 668.22 Grand Total:822,500.75 Account Summary Account Number Account Name Expense Amount 101-0000-20304 Sales Taxes Payable -59.10 101-0000-20305 Due to SunLine 1,214.25 101-0000-20308 SMIP Fees Payable 1,670.14 101-0000-20943 Dental Insurance Pay 7,980.45 101-0000-20945 Vision Insurance Pay 1,593.95 101-0000-20948 Add'l Life Insurance Pay 334.39 101-0000-22830 Miscellaneous Deposits 100.00 101-0000-22835 Election Deposit 200.00 101-0000-41600 Business Licenses 50.00 101-0000-42130 SB 1186 Revenue 4.00 101-0000-42212 Facility Rental 1,700.00 101-0000-42300 Cash Over/Short 457.94 101-0000-42610 SMIP Fees -83.50 101-1002-60101 Contract Services - Admini…5,162.50 101-1002-60351 Membership Dues 6,932.18 101-1004-60103 Professional Services 4,900.00 101-1004-60129 Recruiting/Pre-Employme…6,632.23 101-1004-60320 Travel & Training 197.70 101-1004-60322 Training & Education/MOU 1,881.00 101-1005-60125 Temporary Agency Servic…1,708.56 101-1005-60320 Travel & Training 1,450.00 101-1005-60400 Office Supplies 83.23 101-1005-60450 Advertising 375.00 101-1006-60103 Professional Services 110.26 101-1006-60320 Travel & Training 137.50 101-1007-60351 Membership Dues 120.00 101-1007-60402 Forms 547.59 101-1007-60403 Citywide Conf Room Suppl…78.30 101-1007-60470 Postage 538.36 101-1007-71050 Buildings 100,000.00 101-2001-60161 Sheriff Patrol 408,471.62 101-2001-60162 Police Overtime -32,818.96 101-2001-60163 Target Team 80,626.01 101-2001-60164 Community Services Offic…41,375.92 101-2001-60166 Gang Task Force 8,916.60 101-2001-60167 Narcotics Task Force 8,916.60 101-2001-60169 Motor Officer 56,673.54 101-2001-60170 Dedicated Sargeant 18,588.63 101-2001-60171 Dedicated Lieutenant 5,537.23 101-2001-60172 Sheriff - Mileage -19,762.69 101-2001-60174 Blood/Alcohol Testing 190.00 101-2001-60175 Special Enforcement Funds 5,534.49 101-2001-60176 Sheriff - Other 564.58 53 Demand Register Packet: APPKT01670 - DA 07/20/2018 7/20/2018 3:13:13 PM Page 7 of 8 Account Summary Account Number Account Name Expense Amount 101-2001-60420 Operating Supplies 787.96 101-2002-60445 Non-Reimbursable Misc 147.67 101-2002-60670 Fire Station 510.00 101-2002-60691 Maintenance/Services 183.46 101-2002-61100 Utilities - Gas 69.08 101-2002-61200 Utilities - Water 895.47 101-2002-61304 Mobile/Cell Phones 77.37 101-3002-60107 Instructors 2,203.80 101-3002-60352 Subscriptions & Publicati…273.02 101-3002-60420 Operating Supplies 1,976.65 101-3005-60431 Materials/Supplies 2,760.23 101-3005-60432 Tools/Equipment 187.27 101-3005-60557 Tree Maintenance 885.00 101-3005-61201 Utilities - Water -Monticel…3,048.83 101-3005-61203 Utilities - Water -Eisenho…107.02 101-3005-61204 Utilities - Water -Fritz Bur…128.00 101-3005-61205 Utilities - Water -Velasco …108.46 101-3005-61206 Utilities - Water -Desert Pr…445.37 101-3005-61208 Utilities - Water -Seasons …16.92 101-3005-61209 Utilities - Water -Commun…172.53 101-3005-61300 Utilities - Telephone 43.27 101-3008-60123 Security & Alarm 1,170.00 101-3008-60431 Materials/Supplies 975.75 101-3008-60432 Tools/Equipment 697.21 101-3008-61200 Utilities - Water 140.58 101-6001-60352 Subscriptions & Publicati…45.93 101-6001-60400 Office Supplies 199.30 101-6003-60420 Operating Supplies 970.50 101-6004-60111 Administrative Citation Se…1,005.05 101-6004-60120 Lot Cleaning 1,250.00 101-7002-60183 Map/Plan Checking 476.00 101-7003-60420 Operating Supplies 442.11 101-7003-60432 Tools/Equipment 212.46 101-7006-60146 PM 10 - Dust Control 132.18 101-7006-60351 Membership Dues 80.00 201-7003-60430 Asphalt 165.08 201-7003-60431 Materials/Supplies 1,090.12 201-7003-60433 Paint/Legends 107.72 201-7003-60672 Storm Drains 58.94 202-3004-60123 Security & Alarm 420.00 202-3004-60420 Operating Supplies 246.26 202-3004-60691 Maintenance/Services 32.43 202-3006-60123 Security & Alarm 420.00 202-3006-60420 Operating Supplies 375.00 212-0000-60179 COPS Burglary/Theft Prev…3,770.39 215-7004-60423 Supplies-Graffiti and Van…17.92 215-7004-60431 Materials/Supplies 1,312.54 215-7004-61116 Utilities - Electric 666.39 215-7004-61117 Utilities - Electric - Media…64.28 215-7004-61211 Utilities - Water - Medians 5,158.60 237-9001-60104 Consultants 2,850.00 248-9102-60159 Relocation Benefits 16,818.50 401-0000-60185 Design 13,146.75 401-0000-60188 Construction 5,281.48 501-0000-60148 Car Washes 399.00 501-0000-60676 Vehicle Repair & Mainte…74.23 501-0000-60678 Street Sweeper 2,401.47 501-0000-60679 Motorcycle Repair & Main…515.86 54 Demand Register Packet: APPKT01670 - DA 07/20/2018 7/20/2018 3:13:13 PM Page 8 of 8 Account Summary Account Number Account Name Expense Amount 501-0000-71103 Cvc Ctr Bldg Repl/Repair 105.23 502-0000-60108 Technical 978.03 502-0000-60301 Software Licenses 11,455.65 502-0000-61400 Utilities - Cable 131.61 503-0000-71060 Parks 2,114.10 601-0000-60455 Bank Fees 668.22 Grand Total:822,500.75 Project Account Summary Project Account Key Expense Amount **None**804,072.52 1819TMICT 128.75 201703FFE 4,964.00 201705CT 188.73 201708D 13,146.75 Grand Total:822,500.75 55 City of La Quinta Bank Transactions 6/29/18 – 7/20/18 Wire Transaction Listed below are the wire transfer from 6/29/18 – 7/20/18 Wire Transfers: 07/02/2018 - WIRE TRANSFER - PERS 36,730.20$ 07/03/2018 - WIRE TRANSFER - PERS HEALTH 106,675.84$ 07/06/2018 - WIRE TRANSFER - PERS 673,628.00$ 07/06/2018 - WIRE TRANSFER - PERS 5,016.00$ 07/06/2018 - WIRE TRANSFER - PERS 8,291.00$ 07/10/2018 - WIRE TRANSFER - LANDMARK 138,258.31$ 07/12/2018 - WIRE TRANSFER - PERSHING LLC 250,000.00$ 07/12/2018 - WIRE TRANSFER - LAWYERS TITLE 35,510.00$ 07/12/2018 - WIRE TRANSFER - ROWLAND ESCROW 60,413.50$ 07/12/2018 - WIRE TRANSFER - ROWLAND ESCROW 18,480.00$ 07/13/2018 - WIRE TRANSFER - ICMA 5,417.88$ 07/13/2018 - WIRE TRANSFER - LQCEA 450.00$ 07/13/2018 - WIRE TRANSFER - LQCEA 800.00$ 07/13/2018 - WIRE TRANSFER - PERS 38,025.28$ 07/17/2018 - WIRE TRANSFER - TASC 1,224.96$ TOTAL WIRE TRANSFERS OUT 1,378,920.97$ Attachment 2 56 City of La Quinta CITY COUNCIL MEETING: August 7, 2018 STAFF REPORT AGENDA TITLE: RECEIVE AND FILE REVENUE AND EXPENDITURE REPORTS DATED MAY 31, 2018 RECOMMENDATION Receive and file revenue and expenditure reports dated May 31, 2018. EXECUTIVE SUMMARY •The revenue and expenditure reports summarize the City’s year-to- date (YTD) and period activity as of May 31, 2018 (Attachment 1). FISCAL IMPACT- None BACKGROUND/ANALYSIS Below is a summary of the column headers used on the Revenue and Expenditure Summary Reports: Original Total Budget – represents revenue and expenditure budgets the Council adopted in June 2017 for fiscal year 2017/18. Current Total Budget – represents original adopted budgets plus any carryovers (typically associated with long-term Capital Improvement Projects (CIP) from the prior fiscal year) and any Council approved budget amendments from throughout the year. Period Activity – represents actual revenues received and expenditures outlaid in the reporting month. Fiscal Activity – represents actual revenues received and expenditures outlaid YTD. Variance Favorable/(Unfavorable) - represents the dollar difference between YTD collections/expenditures and the current budgeted amount. Percent Used – represents the percentage activity as compared to budget YTD. CONSENT CALENDAR ITEM NO. 7 57 May Revenue MTD YTD YTD Percent of Budget General Fund $ 8,946,625 $ 44,435,857 84.86% All Funds $ 11,133,797 $ 74,169,642 90.69% Top Five Revenue/Income Sources for May General Fund Non-General Fund Property Taxes $2,132,625 County Government Revenue -Library $1,014,191 Property Tax in lieu of Vehicle License Fees (VLF) $1,959,968 Lighting & Landscape District Assessments $ 412,157 Transient Occupancy (Hotel) Tax $1,543,757 SilverRock Greens Fees $ 307,323 Measure G Sales Tax $1,352,279 Gas Tax $ 164,487 Sales Tax $1,119,655 CVWD Rebates for Landscape Conversions $ 128,532 May Expenditures MTD YTD YTD Percent of Budget General Fund $ 2,189,804 $ 32,300,120 59.71% Payroll (GF) $ 584,314 $ 8,684,822 82.33% All Funds $ 4,403,451 $ 63,499,257 66.46% Top Five Expenditures/Outlays for May General Fund Non-General Fund Sheriff Contract (February Services) $1,046,120 Museum Property Acquisition- Lumberyard $ 532,125 Marketing and Tourism Promotions $ 59,085 Capital Improvement Plan- Land Acquisition (1) $ 360,500 Supplies-Graffiti/Vandalism (copper wire theft) $ 59,026 Library Operations $ 267,204 Contract Legal Services $ 40,210 SilverRock Maintenance $ 155,851 Parks Materials/Supplies (LED fixtures) $ 33,593 Capital Improvement Plan- Design (2) $ 151,223 (1) Property acquisition costs associated with Dune Palms widening project (2) Design costs for the Village Complete Streets, SRR Phase II Infrastructure, and Calle Tampico Drainage Improvements 58 The revenue report includes revenues and transfers into funds from other funds (income items). Revenues are not received uniformly throughout the year, resulting in peaks and valleys. For example, large property tax payments are usually received in December and May. Similarly, Redevelopment Property Tax Trust Fund payments are typically received in January and June. Any timing imbalance of revenue receipts versus expenditures is funded from the City’s cash flow reserve. The expenditure report includes expenditures and transfers out to other funds. Unlike revenues, expenditures are more likely to be consistent from month to month. However, large debt service payments or CIP expenditures can cause swings. All funds are generally on target or under budget regarding expenditures. ALTERNATIVES – None Prepared by: Rosemary Hallick, Financial Services Analyst Approved by: Karla Campos, Finance Director Attachment: 1. Revenue and Expenditure Report for May 2018 59 60 Page 1 of 2 City Council Month Revenue Report City of La Quinta Group Summary For Fiscal: 2017/18 Period Ending: 05/31/2018 Fiscal Activity Variance Favorable (Unfavorable) Period ActivityFund… Current Total Budget Original Total Budget Percent Used 101 - GENERAL FUND 44,435,856.948,946,624.8148,551,600.00 52,363,100.00 -7,927,243.06 84.86 % 201 - GAS TAX FUND 1,205,599.28164,486.941,415,400.00 1,415,400.00 -209,800.72 85.18 % 202 - LIBRARY & MUSEUM FUND 2,387,761.551,014,190.672,254,000.00 2,254,000.00 133,761.55 105.93 % 203 - PUBLIC SAFETY FUND (MEASURE G)300,000.000.00300,000.00 300,000.00 0.00 100.00 % 210 - FEDERAL ASSISTANCE FUND 187,282.35-61,525.10125,800.00 184,451.00 2,831.35 101.54 % 212 - SLESA (COPS) FUND 123,124.718,333.33100,100.00 100,100.00 23,024.71 123.00 % 215 - LIGHTING & LANDSCAPING FUND 1,424,172.92412,156.661,448,900.00 1,448,900.00 -24,727.08 98.29 % 217 - DEVELOPMENT AGREEMENT 1,001.240.000.00 0.00 1,001.24 0.00 % 218 - CV VIOLENT CRIME TASK FORCE -250.910.000.00 0.00 -250.91 0.00 % 219 - ASSET FORFEITURE -13.330.000.00 0.00 -13.33 0.00 % 220 - QUIMBY FUND 51,841.850.0055,000.00 55,000.00 -3,158.15 94.26 % 221 - AB 939 - CALRECYCLE FUND 44,872.272,662.0162,500.00 62,500.00 -17,627.73 71.80 % 223 - MEASURE A FUND 535,082.810.00724,500.00 735,500.00 -200,417.19 72.75 % 224 - TUMF FUND 302.210.000.00 0.00 302.21 0.00 % 225 - INFRASTRUCTURE FUND 183.880.000.00 0.00 183.88 0.00 % 226 - EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG)21,999.4721,999.470.00 12,300.00 9,699.47 178.86 % 227 - State Homeland Security Programs (SHSP)5,741.000.000.00 6,000.00 -259.00 95.68 % 231 - SUCCESSOR AGCY PA 1 RORF 7,669,159.632.300.00 0.00 7,669,159.63 0.00 % 235 - SO COAST AIR QUALITY FUND 39,817.7913,443.7350,300.00 50,300.00 -10,482.21 79.16 % 237 - SUCCESSOR AGCY PA 1 ADMIN 125,000.000.000.00 0.00 125,000.00 0.00 % 241 - HOUSING AUTHORITY 1,013,509.3524,588.00919,000.00 1,012,800.00 709.35 100.07 % 243 - RDA Low-Mod Housing Fund 12,278.770.000.00 0.00 12,278.77 0.00 % 249 - SA 2011 LOW/MOD BOND FUND (Refinanced in 2016)165,855.900.000.00 0.00 165,855.90 0.00 % 250 - TRANSPORTATION DIF FUND 448,290.1330,395.15369,000.00 415,000.00 33,290.13 108.02 % 251 - PARKS & REC DIF FUND 260,096.0010,240.00200,000.00 254,000.00 6,096.00 102.40 % 252 - CIVIC CENTER DIF FUND 122,681.215,773.05100,000.00 120,000.00 2,681.21 102.23 % 253 - LIBRARY DEVELOPMENT DIF 43,688.001,720.0030,000.00 43,000.00 688.00 101.60 % 254 - COMMUNITY CENTER DIF 17,339.94645.0015,400.00 15,400.00 1,939.94 112.60 % 255 - STREET FACILITY DIF FUND 21,457.341,241.2015,000.00 20,000.00 1,457.34 107.29 % 256 - PARK FACILITY DIF FUND 5,085.76200.004,000.00 4,000.00 1,085.76 127.14 % 257 - FIRE PROTECTION DIF 55,965.102,655.2040,000.00 55,000.00 965.10 101.75 % 270 - ART IN PUBLIC PLACES FUND 40,473.102,178.0353,500.00 45,200.00 -4,726.90 89.54 % 275 - LQ PUBLIC SAFETY OFFICER 2,306.870.002,100.00 2,100.00 206.87 109.85 % 299 - INTEREST ALLOCATION FUND 326,268.4317,481.880.00 0.00 326,268.43 0.00 % 310 - LQ FINANCE AUTHORITY DEBT SERVICE 176.520.70671,400.00 671,400.00 -671,223.48 0.03 % 401 - CAPITAL IMPROVEMENT PROGRAMS 5,592,079.70151,499.278,423,900.00 11,857,262.00 -6,265,182.30 47.16 % 501 - FACILITY & FLEET REPLACEMENT 575,343.0812,237.60531,000.00 651,000.00 -75,656.92 88.38 % 502 - INFORMATION TECHNOLOGY 570,251.231,510.00714,000.00 729,000.00 -158,748.77 78.22 % 503 - PARK EQUIP & FACILITY FUND 249,058.410.00680,000.00 310,000.00 -60,941.59 80.34 % 504 - INSURANCE FUND 747,009.710.001,001,000.00 1,005,000.00 -257,990.29 74.33 % 601 - SILVERROCK RESORT 3,830,216.63349,057.574,004,200.00 4,004,200.00 -173,983.37 95.65 % 602 - SILVERROCK GOLF RESERVE 3,731.510.0061,300.00 61,300.00 -57,568.49 6.09 % 760 - SUPPLEMENTAL PENSION PLAN 879.890.000.00 0.00 879.89 0.00 % 761 - CERBT OPEB TRUST 1,507,063.600.000.00 1,523,400.00 -16,336.40 98.93 % Report Total:11,133,797.47 74,169,641.8472,922,900.00 81,786,613.00 -7,616,971.16 90.69 % Attachment 1 61 Page 2 of 2 City Council Month Expense Report City of La Quinta Group Summary For Fiscal: 2017/18 Period Ending: 05/31/2018 Fiscal Activity Variance Favorable (Unfavorable) Period ActivityFund… Current Total Budget Original Total Budget Percent Used 101 - GENERAL FUND 32,300,120.422,189,804.1648,180,700.00 54,098,993.00 21,798,872.58 59.71 % 201 - GAS TAX FUND 994,415.9872,205.781,435,000.00 1,442,240.00 447,824.02 68.95 % 202 - LIBRARY & MUSEUM FUND 1,734,707.25893,140.491,947,500.00 2,524,500.00 789,792.75 68.71 % 210 - FEDERAL ASSISTANCE FUND 73,037.100.00125,800.00 184,451.00 111,413.90 39.60 % 212 - SLESA (COPS) FUND 51,620.140.00100,000.00 100,000.00 48,379.86 51.62 % 215 - LIGHTING & LANDSCAPING FUND 1,169,562.4782,333.631,519,300.00 1,527,920.00 358,357.53 76.55 % 217 - DEVELOPMENT AGREEMENT 14,105.671,100.000.00 67,000.00 52,894.33 21.05 % 218 - CV VIOLENT CRIME TASK FORCE 3,406.650.000.00 0.00 -3,406.65 0.00 % 219 - ASSET FORFEITURE 55.640.000.00 0.00 -55.64 0.00 % 220 - QUIMBY FUND 416,035.470.000.00 0.00 -416,035.47 0.00 % 221 - AB 939 - CALRECYCLE FUND 15,160.225,305.6220,000.00 20,000.00 4,839.78 75.80 % 223 - MEASURE A FUND 122,987.790.00787,000.00 798,000.00 675,012.21 15.41 % 225 - INFRASTRUCTURE FUND 0.000.0022,600.00 22,600.00 22,600.00 0.00 % 227 - State Homeland Security Programs (SHSP)2,707.880.000.00 6,000.00 3,292.12 45.13 % 231 - SUCCESSOR AGCY PA 1 RORF 9,305,596.820.000.00 0.00 -9,305,596.82 0.00 % 235 - SO COAST AIR QUALITY FUND 32,422.4813,630.0032,000.00 119,000.00 86,577.52 27.25 % 237 - SUCCESSOR AGCY PA 1 ADMIN 142,240.000.000.00 0.00 -142,240.00 0.00 % 241 - HOUSING AUTHORITY 639,635.5425,567.211,192,100.00 1,202,920.00 563,284.46 53.17 % 243 - RDA Low-Mod Housing Fund 259,000.00129,500.000.00 259,000.00 0.00 100.00 % 248 - SA 2004 LO/MOD BOND FUND (Refinanced in 2014)74,568.437,076.741,704,900.00 1,704,900.00 1,630,331.57 4.37 % 249 - SA 2011 LOW/MOD BOND FUND (Refinanced in 2016)1,518,201.220.009,400,000.00 9,400,000.00 7,881,798.78 16.15 % 250 - TRANSPORTATION DIF FUND 950,129.950.001,005,100.00 1,230,600.00 280,470.05 77.21 % 252 - CIVIC CENTER DIF FUND 54,288.370.000.00 56,000.00 1,711.63 96.94 % 253 - LIBRARY DEVELOPMENT DIF 13,518.770.000.00 14,000.00 481.23 96.56 % 254 - COMMUNITY CENTER DIF 0.000.00101,600.00 101,600.00 101,600.00 0.00 % 255 - STREET FACILITY DIF FUND 14,589.580.000.00 15,000.00 410.42 97.26 % 256 - PARK FACILITY DIF FUND 4,285.160.000.00 5,000.00 714.84 85.70 % 257 - FIRE PROTECTION DIF 2,834.420.000.00 3,000.00 165.58 94.48 % 270 - ART IN PUBLIC PLACES FUND 84,698.601,592.40122,000.00 122,000.00 37,301.40 69.43 % 310 - LQ FINANCE AUTHORITY DEBT SERVICE 671,274.25500.00671,400.00 671,400.00 125.75 99.98 % 401 - CAPITAL IMPROVEMENT PROGRAMS 6,810,576.00536,646.858,614,400.00 11,864,382.00 5,053,806.00 57.40 % 501 - FACILITY & FLEET REPLACEMENT 510,156.3619,183.091,069,300.00 1,208,300.00 698,143.64 42.22 % 502 - INFORMATION TECHNOLOGY 655,213.3738,234.17914,000.00 917,100.00 261,886.63 71.44 % 503 - PARK EQUIP & FACILITY FUND 283,937.170.00670,000.00 880,000.00 596,062.83 32.27 % 504 - INSURANCE FUND 893,329.288,573.11969,200.00 972,740.00 79,410.72 91.84 % 601 - SILVERROCK RESORT 3,668,005.73379,057.944,003,400.00 4,005,470.00 337,464.27 91.57 % 760 - SUPPLEMENTAL PENSION PLAN 12,832.860.000.00 0.00 -12,832.86 0.00 % Report Total:4,403,451.19 63,499,257.0484,607,300.00 95,544,116.00 32,044,858.96 66.46 % 62 City of La Quinta CITY COUNCIL MEETING: August 7, 2018 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION TO APPROVE CAPITAL ASSET POLICY RECOMMENDATION Adopt a resolution to approve a capital asset policy. EXECUTIVE SUMMARY •The capital asset policy (Policy) establishes procedurals associated with fixed asset acquisition, recording, and monitoring in accordance with Governmental Accounting Standard Board (GASB) which requires cities to include all capital assets in their financial reporting and establish accounting and financial reporting requirements for these assets. •Staff, City Attorney, and two independent auditing firms have reviewed the proposed Policy. The Policy conforms to current laws, risk management, and governmental accounting best practices. FISCAL IMPACT – None BACKGROUND The City’s independent auditing firm has recommended the City adopt a formal written Policy to properly recognize the City’s’ assets and improve internal controls. The proposed Policy sets forth updated procedures to account for the City’s capital assets in accordance with Generally Accepted Accounting Principles (GAAP). The current City policy requires that all fixed assets, including building and improvements, equipment and furniture, vehicles, infrastructure, and software, with an original cost or estimated historical cost of $5,000 or more and a useful life of more than three years, be subjected to accounting and reporting. The Policy provides: •proper accountability and stewardship of assets; •basis for projecting future replacement and expenditures; •up-to-date insurable values and proof of loss substantiation; and •compliance with GAAP/GASB and Government Accounting, Auditing and Financial Reporting (GAFFR). CONSENT CALENDAR ITEM NO. 8 63 This Policy is important to properly recognize, depreciate, and replace fixed assets. ALTERNATIVES The Council may approve as presented, incorporate changes, or request further review. Prepared by: Claudia Martinez, Senior Accountant Approved by: Karla Campos, Finance Director 64 RESOLUTION NO. 2018 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING A CAPITAL ASSET POLICY WHEREAS, the Capital Asset Policy sets forth procedural guidelines that will ensure good stewardship over City resources through a uniform method of accountability and inventory of the assets of the City, and WHEREAS, the City’s independent auditor recommends that the City establish a capital asset policy to provide transparency and consistency, and WHEREAS, capital asset policies safeguard City assets and facilitate Generally Accepted Accounting Principles (GAAP) compliant financial reporting. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The capital policy attached hereto as “Exhibit A” and incorporated herein by reference shall govern the procedural requirements associated with fixed asset acquisition. SECTION 2. This policy, as applicable, shall constitute the procedures and rules governing the City’s assets pursuant to City of La Quinta Charter and Sections 37209 and 40805.5 of the Government Code of the State of California. SECTION 3. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof. SECTION 4. This Resolution shall become effective upon adoption. The Capital Asset Policy adopted by this Resolution shall go into effect immediately. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 7th day of August, 2018, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 65 Resolution No. 2018-xxx Capital Asset Policy Adopted: August 7, 2018 Page 2 of 2 __________________________ LINDA EVANS, Mayor City of La Quinta, California ATTEST: _______________________________ MONIKA RADEVA, Acting City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: _______________________________ WILLIAM H. IHRKE, City Attorney City of La Quinta, California 66 1 of 4 CAPITAL ASSET POLICY 1.PURPOSE: This Capital Asset Policy (the “Policy”) is established to provide guidelines to ensure adequate stewardship over City resources through control and accountability of capital assets, and to collect and maintain complete and accurate capital asset information required for preparation of financial statements in accordance with Generally Accepted Accounting Principles (GAAP). 2.SCOPE: This Policy covers all capital assets for all Funds under the direct authority of the City Council including the Successor Agency to the La Quinta Redevelopment Agency, the Housing Authority, and Finance Authority. Consideration is given to federal, state, and local laws, and ordinances or resolutions that may restrict their use and disposal. 3.GENERAL POLICY: Objectives: The City has established this Policy to: a)Safeguard the significant investment in capital assets and establish a capitalization policy whereby dollar values assigned to capital assets are permanently recorded. b)Identify all capital assets in order to provide a management tool for the replacement of re-occurring items avoiding duplication and inefficient use of capital assets. c)Comply with state laws and regulations concerning governmental accounting, auditing, and reporting requirements, and thereby providing information for the preparation of financial statements in accordance with GAAP. d)Work in conjunction with the City’s risk management program to ensure that capital assets are adequately insured to cover losses. 4.CAPITIALIZATION THRESHOLDS In determining whether assets should be capitalized, the following items should be considered: a)The Actual cost, the acquisition value, or the market value. b)Assets other than land or infrastructure will be capitalized if the individual asset has: i.useful life of three (3) years or greater; and ii.a value over $5,000. c)Land assets will always be capitalized without regard to cost; and will not be depreciated. d)Infrastructure will be capitalized if it has a life expectancy of ten (10) years or greater. RESOLUTION NO. 2018-XXX EXHIBIT A 67 2 of 4 5. GOVERNING AUTHORITY AND RESPONSIBILITY Pursuant to the provisions of the City of La Quinta Charter and sections 37209 and 40805.5 of the Government Code of the State of California, the Finance Director shall be responsible for all of the financial affairs of the City. This Policy grants the Finance Director the authority to safeguard the City’s fixed assets and ensure proper financial classification and reporting. It is the responsibility of the departments and City Directors to adhere to proper budgeting and purchasing guidelines and ensure that capital assets are adequately controlled and used for appropriate City purposes. It is the responsibility of the individual City Department to ensure capital assets are properly accounted for by Fund and asset category by entering a purchase order requisition as a capital asset under the commodity code. 6. USEFUL LIFE AND TYPES OF ASSETS The capital asset useful life is the determining factor for the number of accounting periods over which the asset shall be depreciated. Fixed assets which meet the appropriate cost and useful life criteria are grouped in the following classes: A. Building and improvements A building is a structure permanently attached to land, has a roof, and is partially or completely enclosed by walls. Building improvements are capital events that materially extend the useful life of a building, increase the value of the building, or both. Permanently attached fixtures or machinery that cannot be removed without impairing the use of the building is to be included in the value of the building. Buildings are valued at the historical cost. B. Equipment and furniture Equipment and furniture are defined as tangible assets not permanently affixed to a building, are used for operations, and the benefits extend beyond three years. Improvements or additions to existing furniture or fixtures that meet or exceed the capitalization threshold should be recorded as an addition of value to the asset. C. Vehicles Vehicles include any licensed motor vehicles used by the City in its normal operations. Historical cost includes the purchase price plus registration, taxes, delivery fees, and outfitting costs. The value of any trade-ins, if applicable, should be considered. D. Infrastructure Infrastructure is defined as a long-lived capital asset that is normally stationary in nature and can be preserved for a significantly greater number of years than most capital assets. Land associated with infrastructure is reported as land rather than as part of the cost of Class Useful Life Building and improvements 10-30 years Equipment and furniture 3-20 years Vehicles 5-10 years Infrastructure 10-50 years Software 5-10 years 68 3 of 4 the related infrastructure asset. Examples of infrastructure assets include roads, bridges, streets, sidewalks, medians, and storm drains. E. Software Software is a non-physical identifiable long-term asset of the City and has the following characteristics: a) Lack of physical substance; b) Nonfinancial nature; and c) Initial useful life extends beyond a single reporting period. F. Construction in Progress (CIP) CIP includes new construction or improvements to land, buildings, or infrastructure that have not been physically completed or have not had all project costs processed by fiscal year-end and the final cost of which is expected to exceed the threshold. G. Improvements vs. Maintenance The Finance department will make the differentiation between improvement and maintenance projects by reviewing the invoices, budget, and interviewing personnel. a) Improvements –Consist of additions or betterments which shall be capitalized. i. An addition refers to a physical extension of an existing asset or the acquisition of an entirely new unit, which does not merely replace one of similar function or value. ii. Betterments exist when a part of an existing asset is replaced by another and the replacement provides a significant increase in the life or value of the asset. b) Maintenance –Costs for repairs or replacements to maintain the asset at its useful life and value. These costs will not be capitalized. 7. CAPITAL LEASES Equipment should be capitalized if the lease agreement is non-cancelable and meets any one of the following criteria: a) Lease transfers ownership of the property by the end of the lease term; b) Lease contains a bargain purchase option; c) Lease term is equal to 75% or more of the estimated economic life of the lease property; or d) Present value of the minimum lease payments is at least 90% of fair market value. 8. ADDITIONS/ DELETIONS Additions and deletions to the fixed asset inventory records shall be made on a periodic basis. Additions are defined as an expenditure that either significantly extends the useful life or productivity of the existing capital asset. When fixed assets are sold or disposed of, the inventory of fixed assets should be relieved of the cost of the asset and the associated accumulated depreciation. The City may dispose of a fixed asset due to: a) Lack of need b) Obsolescence c) Impairment should be considered if: 69 4 of 4 a. the decline in service utility of the capital asset is large in magnitude and b.the event or change in circumstance is outside the normal life cycle of the capital asset. d)Excess cost of maintenance e) Theft/Loss The disposition of fixed assets shall be in accordance with City of La Quinta Municipal Code 3.12.060 Surplus Supplies and Equipment. Prior to declaring any fixed assets as surplus, staff shall obtain the approval of the City Council. 9.INVENTORY Physical inventory count shall be conducted at least once every year for vehicles, heavy equipment, and materials on hand. In order to ensure objective reporting of inventory items, a physical inventory should be performed by personnel having no direct responsibility (custody and receipt/issue authority) for assets subject to the inventory count. If it is not feasible to use such personnel, then the inventory shall be tested and verified by two or more personnel or a third party professional service provider. The results of the physical inventory shall be reconciled and may be subject to verification by the Finance Department with the City’s fixed asset system. In addition, the Finance Department will track and record all capital assets in the financial system. 10.DEPRECIATION Depreciation is the process of allocating the cost of depreciable capital assets over a period of time rather than incurring the entire cost as an expense in the year of acquisition. This process recognizes an asset’s periodic cost of use and declining usefulness over time. Land, certain land improvements, and certain works of art or historical treasures are inexhaustible and are therefore not depreciated. As a matter of this Policy, the City has elected to adopt the straight-line method of depreciation as follows: (Asset Cost- Residual Value) / Estimated Useful Life in Years = Annual Depreciation Expense Residual value is the amount that can be anticipated to be recovered when the asset is no longer useful for its intended purpose. Useful life should approximate the time an asset will provide service to the City. Capital assets that become fully depreciated and are still in use must remain in the financial capital accounts and identified within the capital asset system until they are disposed of. 11.CAPITAL ASSET POLICY REVIEW The Finance Director shall review this Policy annually to ensure careful and responsible management over City resources and recommend any changes to the City Manager and City Council. 70 City of La Quinta CITY COUNCIL MEETING: August 7, 2018 STAFF REPORT AGENDA TITLE: APPROVE ESTABLISHMENT OF AN INVESTMENT ACCOUNT WITH THE CALIFORNIA ASSET MANAGEMENT PROGRAM RECOMMENDATION Approve establishing an investment account with the California Asset Management Program. EXECUTIVE SUMMARY •Staff recommends the California Asset Management Program (CAMP) pool as a new investment. •The funds in CAMP are managed by a professional investment advisory firm and held in a third-party trust. •Historically, CAMP has outperformed the Local Agency Investment Fund (LAIF) and provides similar benefits. •The Financial Advisory Commission recommended Council approval during their June 13, 2018 meeting FISCAL IMPACT None BACKGROUND/ANALYSIS CAMP is a California Joint Powers Authority established in 1989 to provide California public agencies with professional investment services. The CAMP pool is a permitted investment under California Government Code Section 53601(p) and the City’s Investment Policy Section XI. CAMP is similar to LAIF in that: - the fund provides daily liquidity; - unlimited number of deposits and withdrawals at no cost; - transactions by wire, ACH, and check; and - provides competitive money market returns. CAMP funds are: - managed by PFM Asset Management, LLC since 1981 as administrator and investment advisor; CONSENT CALENDAR ITEM NO. 9 71 - held in a third-party custodian trust account with U.S. Bank National Association; and - audited by Ernst & Young LLP. Neither LAIF nor CAMP are insured by the Federal Deposit Insurance Corporation (FDIC). LAIF has an implicit guarantee of “dollar-in, dollar-out” for individual account holders and it would be extraordinarily unlikely to incur any losses associated with a LAIF account, as the funds are part of a larger state pool with a value of $85 billion. CAMP, while managed to maintain a constant net asset value (NAV) per share of $1.00, is not guaranteed and is subject to interest rate, credit and liquidity risk. However, to minimize risk and keep the NAV stable at $1.00, the pool maintains a dollar-weighted average portfolio maturity of 60 days, does not purchase securities with a remaining maturity of more than 397 days, and only invests in obligations of the United States Government and its agencies, short-term debt obligations of U.S. companies and financial institutions, and other high- quality, low-risk securities pursuant to California Government Code §53601. No minimum balance is required to open or maintain an account, operating expenses are 0.15%, and only California Public Agencies may invest in the pool. The current 7-day yield is 2.07% (net of fees) as of 6/30/2018, which is 15 basis points higher than the LAIF daily rate of 1.92%. In addition, CAMP has received Standard and Poor’s highest rating of AAAm. CAMP is directed by a Board of Trustees, which is made up of experienced local government finance directors and treasurers: • President Steve Dial, Deputy Executive Director and CFO, San Joaquin Council of Governments • Vice-President, Wayne Hammar, Treasurer-Tax Collector, Siskiyou County • Treasurer, Karen Adams, CPA, Treasurer-Tax Collector, Merced County • Andre Douzdijian, Director of Finance, San Diego Association of Governments • Duane Wolterstorff, CPA, Manager of Fiscal Support Services, Modesto City Schools • Christina Valencia, CFO and Assistant General Manager Inland Empire Utilities Agency • Lauren Warrem, CPA, Director of Finance/City Treasurer City of Vista Staff has evaluated the investment portfolio’s diversity, investment returns, and cash flow requirements. Based on this review, Staff recommends CAMP as a new investment to further diversify the portfolio while retaining liquidity. ALTERNATIVES 72 Council may elect not to invest in CAMP at this time. Prepared by: Rosemary Hallick, Financial Services Analyst Approved by: Karla Campos, Finance Director Attachment 1: CAMP Program Fact Sheet 73 74 ATTACHMENT 1 75 76 City of La Quinta CITY COUNCIL MEETING: August 7, 2018 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION TO EXTEND TIME TO COMPLETE OFF-SITE AND ON-SITE IMPROVEMENTS FOR A THREE LOT SUBDIVISION (PARCEL MAP NO. 33954) LOCATED NORTH OF CALLE AMIGO AND EAST OF AVENIDA BERMUDAS RECOMMENDATION Adopt a resolution to extend time to complete off-site and on-site improvements as specified in the Subdivision Improvement Agreements for Parcel Map No. 33954 to July 7, 2019. EXECUTIVE SUMMARY •Parcel Map No. 33954 is a three-lot subdivision north of Calle Amigo and east of Avenida Bermudas (Attachment 1). •Phoenix Row III, LLC (Developer), has requested City Council approval of time extensions to July 7, 2019 for the Subdivision Improvement Agreements allowing more time to market the land or apply for a reversion to acreage. FISCAL IMPACT There is no fiscal impact to the City because the developer has deposited securities with the City to guarantee construction of the improvements in case of developer default. BACKGROUND/ANALYSIS Parcel Map No. 33954 was approved in November 2007. Three lots were established that would be developed with an office, a single garage, and a residence. The lots are vacant and no development has occurred. The on- site improvements include storm drain, dry utilities, landscaping, and survey monumentation. Off-site improvements include water/sewer connections and a sidewalk along the Calle Amigo frontage. In a letter dated June 28, 2018, the developer requested a time extension to allow more time to find a new developer who will enter into an Assignment and Assumption agreement because the developer no longer wishes to develop the land. The other option the developer is considering is a reversion to acreage. No requests have been received to complete the off- CONSENT CALENDAR ITEM NO. 10 77 site and on-site improvements; therefore, Staff recommends approval of the time extension. ALTERNATIVES Council may elect not to approve this time extension. Prepared by: Bryan McKinney, P.E., City Engineer Approved by: Frank J. Spevacek, City Manager Attachments: 1. Vicinity Map 2. Letter from Francis La Branche, Jr. 78 RESOLUTION NO. 2018 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING EXTENSION OF TIME TO JULY 7, 2019, FOR THE COMPLETION OF THE OFF-SITE AND ON-SITE IMPROVEMENTS AS SPECIFIED IN THE SUBDIVISION IMPROVEMENT AGREEMENTS FOR PARCEL MAP NO. 33954 WHEREAS, the City Council approved the Subdivision Improvement Agreements (SIA) for Parcel Map No. 33954, on June 12, 2008; and WHEREAS, Section 6. Completion of Improvements, of the approved SIA requires that the developer begin construction of the improvements within ninety days and complete the construction within twelve months after the approval of the Agreements; and WHEREAS, failure by the developer to complete construction of the off-site and on-site improvements by July 7, 2016 shall constitute cause for the City, in its sole discretion and when it deems necessary, to declare the Subdivider in default of the approved agreement; and WHEREAS, Section 8. Time Extension, of the approved SIA allows for, at the City Council’s sole and absolute discretion, an extension of time for completion of the improvements with additions or revisions to the terms and conditions of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The time for the completion of the off-site and on-site improvements as required by the approved SIA is extended to July 7, 2019. SECTION 2. The time extension for completing the off-site and on-site improvements shall expire when City offices close for regular business on July 7, 2019 if the installation of the off-site and on-site improvements has not been completed. SECTION 3. The provided security amount as required in the approved SIA is satisfactory. No additional securities are required. 79 Resolution No. 2018- Parcel Map No. 33954 – Time Extension Adopted: August 7, 2018 Page 2 of 2 SECTION 4. All other terms, responsibilities and conditions as listed in the approved SIA shall remain in full force and effect. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 7th day of August 2018, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ LINDA EVANS, Mayor City of La Quinta, California ATTEST: ___________________________________ MONIKA RADEVA, Acting City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: _____________________________________ WILLIAM H. IHRKE, City Attorney City of La Quinta, California 80 V I C I N I T Y M A P NOT TO SCALE ATTACHMENT 1 Parcel map no. 33954 81 82 ATTACHMENT 2 83 84 City of La Quinta CITY COUNCIL MEETING: August 7, 2018 STAFF REPORT AGENDA TITLE: APPROVE SIX LEASE AGREEMENTS WITH ENTERPRISE FLEET MANAGEMENT AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENTS RECOMMENDATION Approve six lease agreements with Enterprise Fleet Management and authorize the City Manager to execute each individual Lease Agreement. EXECUTIVE SUMMARY •In December 2016, the City began a lease program through Enterprise Fleet Management to replace aging vehicles. •Staff recommends the replacement of four aging fleet vehicles and two additional vehicles. FISCAL IMPACT The average annual lease per vehicle is $6,559. The 2018/19 budget has sufficient funds in the Equipment Replacement Internal Service Fund (501- 0000-71030) for the current 26 leases and the additional six leases. BACKGROUND/ANALYSIS On September 20, 2016, the City Council approved a five -year vehicle lease program to replace aged vehicles with less upfront capital and eliminate depreciation expenses. The City currently has four aged vehicles in need of replacement due to various outstanding maintenance issues. Enterprise estimates the vehicles will sell at auction for $20,000 to $23,500 (Attachment 1). Two additional vehicles are needed to accommodate the new Building and Construction Inspectors. ALTERNATIVES Council may choose to purchase replacement vehicles for an average price of $26,000 per vehicle, or delay leasing additional vehicles. Prepared by: Dianne Hansen, Management Assistant Approved by: Steve Howlett, Facilities Director Attachment: 1. Estimated Sales CONSENT CALENDAR ITEM NO. 11 85 86 Year Make Model VIN # Current Miles EWV 2006 GMC Sierra 800 1GTEC14T36E200289 76363 $1,500 $2,000 2009 Chevrolet Silverado 1GBJK74K79F159289 80744 $10,500 $11,500 2008 Chevrolet Colorado 1GCCS14E988206398 10833 $3,000 $4,000 2009 FORD Escape 1FMCU49389KB01788 23643 $5,000 $6,000 $20,000 $23,500 ATTACHMENT 1 87 88 City of La Quinta CITY COUNCIL MEETING: August 7, 2018 STAFF REPORT AGENDA TITLE: APPROVE AMENDMENT NO. 4 TO PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL BAKER INTERNATIONAL TO PREPARE THE PLANS, SPECIFICATIONS, AND ENGINEER’S ESTIMATE FOR THE EISENHOWER DRIVE RETENTION BASIN IMPROVEMENTS PROJECT NO. 2015- 12B RECOMMENDATION Approve Amendment No. 4 to Professional Services Agreement with Michael Baker International, in the amount of $21,450 to prepare the Plans, Specifications, and Engineer’s Estimate for the Eisenhower Drive retention basin improvements; and authorize the City Manager to execute the amendment. EXECUTIVE SUMMARY •In April 2015, Council approved a Professional Services Agreement (PSA) with Michael Baker International (Baker) to conduct a focused drainage study of the Eisenhower Drive Corridor. •In February 2017, Council approved the purchase of vacant property on Eisenhower Drive near Avenida Fernando for flood mitigation (Attachment 1). •Amendments No. 1 and No. 2 to Baker’s PSA provided for design of the retention basin and associated drainage infrastructure planned for this location. •Amendment No. 3 provided for an in-depth geotechnical investigation of the proposed Eisenhower Drive retention basin site. •Amendment No. 4 (Attachment 2) will allow for additional engineering services to implement the recommendations from the geotechnical investigation and complete the final design. FISCAL IMPACT There are sufficient funds within Citywide Drainage Enhancements project budget (151612) to accommodate Amendment No. 4 in the amount of $21,450, for a total contract amount of $264,416. CONSENT CALENDAR ITEM NO. 12 89 Original Contract $72,206 Amendment No. 1 $129,810 Amendment No. 2 $2,200 Amendment No. 3 $38,750 Amendment No. 4 $21,450 Revised Contract Total $264,416 The funds assigned to the Eisenhower Drive Retention Basin are: Eisenhower Drive Drainage Improvements Professional: $55,000 Engineering – Feasibility Study: $72,206 Engineering – Geotechnical Investigation $38,750 Engineering - Design $153,460 Land Acquisition $4,586,000 Construction: $1,006,000 Inspection/Testing Survey: $87,750 City Administration: $35,000 Contingency: $70,292 Total: $6,104,458 BACKGROUND/ANALYSIS Following the 2013 and 2014 flood events, the City initiated a series of focused drainage studies to identify additional improvements to accommodate extraordinary storm events. The Eisenhower Drive Corridor, from Washington Street west and south to Avenida Fernando was the subject of one focused drainage study. This study (performed by Baker) identified the benefits additional off-street storm water retention facilities would yield to reduce street and intersection flooding. The City subsequently purchased a vacant 10.4-acre parcel located near the intersection of Eisenhower Drive and Avenida Fernando for a future retention basin. Baker evaluated the site and determined the retention basin should encompass about 6.3 acres, be 8 feet deep, and receive water from the Eisenhower Drive/Coachella Drive and Eisenhower Drive/Avenida Fernando intersections. The basin would also accept overflow from Legacy Villas to the north. Attachment 3 shows the proposed improvements. As part of the site evaluation Baker identified the need to further review soil conditions within the proposed 10.4-acre retention basin (Amendment No.3); the soils in this location experience fissures and a geotechnical investigation would assist in configuring the retention basin. Amendment No. 4 will allow Baker to finish the design by incorporating the geotechnical engineer’s recommendations. The City can then move forward and bid and construct this retention basin. 90 ALTERNATIVES The City could delay completing the design and constructing this retention basin. Prepared by: Julie Mignogna, Management Analyst Approved by: Bryan McKinney, P.E., City Engineer Attachments: 1. Vicinity Map 2.Amendment No. 4 to PSA with Baker 3.Proposed Improvements 91 92 VICINITY MAP Eisenhower Drive ATTACHMENT 1 93 94 AMENDMENT NO. 4 TO PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL BAKER INTERNATIONAL This Amendment No. 4 to Professional Services Agreement with Michael Baker International ("Amendment No. 4") is made and entered into as of the 7th day of August 2018 (“Effective Date”) by and between the CITY OF LA QUINTA (“City”), a California municipal corporation and Michael Baker International (“Consultant”). RECITALS WHEREAS, on or about August 2, 2016, the City and Consultant entered into a Professional Services Agreement to provide those services related to the Eisenhower Drive Drainage Improvements, Project No. 2015 -12B. The term of the Agreement expires on July 31, 2018; and WHEREAS, Amendments 1 and 2 previously amended Scope of Services, Contract Sum, and Schedule of Performance to include design and drainage infrastructure planning for a proposed Eisenhower retention basin; and WHEREAS, Amendment 3 previously amended the Scope of Services, Contract Sum, and Schedule of Performance to provide for in-depth geotechnical investigation of the proposed Eisenhower Drive retention basin site; and WHEREAS, changes are indicated to the Scope of Services in the Professional Services Agreement; and WHEREAS, changes are indicated to the Contract Sum in the Professional Services Agreement; and WHEREAS, changes are indicated to the Schedule of Performance in the Professional Services Agreement; and WHEREAS, the City is utilizing Consultant to prepare the Plans, Specifications and Estimates (PS&E) for a new Retention Basin on Eisenhower Drive, including appurtenant improvements. NOW THEREFORE, in consideration of the mutual covenant herein contained, the parties agree as follows: AMENDMENT In consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the ATTACHMENT 2 95 sufficiency and receipt of which are hereby acknowledged, the parties hereto agree as follows: 1.Section 1.0 is amended to read as follows: Section 1.1 – Scope of Services. For the services rendered pursuant to this Agreement, Consultant shall provide additional services outlined in Exhibit “A” attached hereto and made apart hereof. 2.Section 2.1 – Contract Sum is amended to read as follows: For the Services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with “Exhibit B” (the “Schedule of Compensation”) in a total amount up to but shall not exceed Two Hundred Sixty Four Thousand Four Hundred and Sixteen Dollars ($264,416.00) (the “Contract Sum”) for the life of the Agreement encompassing initial terms and Amendments 1 through 4, except as provided in Section 1.6. Exhibit B – Deliverables and Budget is amended as attached in Exhibit B attached hereto and made apart hereof. 3.Section 3.4 – Term is amended to read as follows: Unless earlier terminated in accordance with Sections 8.8 or 8.9 of this Agreement the term of this agreement shall commence on August 1, 2018 and terminate on July 31, 2019. Exhibit C – Schedule of Performance is amended as attached in Exhibit C attached hereto and made apart hereof. In all other respects, the Original Agreement shall remain in effect. 96 97 Exhibit A Scope of Services 98 Exhibit B Schedule of Compensation The following represents the revised contract total of Two Hundred Sixty-Four Thousand Four Hundred and Sixteen Dollars ($264,416.00) after the consideration of Amendments 1-4. Base Contract: $72,206.00 Amendment 1: Amendment 2: Amendment 3: $129,810.00 $2,200.00 $38,750.00 Amendment 4: $21,450.00 Total Contract Sum with Amendments: $264,416.00 Amendment 4 Cost: 99 Exhibit C Schedule of Performance The Term of the Agreement is extended to July 31, 2019. 100 Basin6.3 Acres8 Feet Deep 18" RCP 18" RCP 36" RCP48"RCP24" R C P 48" RCP LA QUINTA FOCUSED DRAINAGE STUDYAlternative 1 Proposed Facilities°0 100 20050Feet3/3/2017 JN H:\pdata\155555\GIS\MXD\Proposed\AtlasMap_Alt1.mxd <USER NAME>Source: Legend Proposed Storm Drain Proposed Basin Existing Storm Drain Parcel BoundaryKEY MAP ATTACHMENT 3 101 102 City of La Quinta CITY COUNCIL MEETING: August 7, 2018 STAFF REPORT AGENDA TITLE: APPROVE FIRST AMENDMENTS TO PROFESSIONAL SERVICES AGREEMENTS WITH MSA CONSULTING, INC. AND NV5, INC. FOR ON-CALL CONSTRUCTION SURVEYING SERVICES RECOMMENDATION Approve first amendments to Professional Services Agreements with MSA Consulting, Inc. and NV5, Inc. for on-call construction surveying services; and authorize the City Manager to execute the amendments. EXECUTIVE SUMMARY •Construction projects often require surveying services, which necessitate skilled specialists. •The above-named firms have provided quality services for the past two years and were selected through the competitive Request for Proposals (RFP) process. •Providing each amendment sum an amount not to exceed $100,000, allows Staff to use either consultant for the total budgeted amount of $100,000. FISCAL IMPACT The Capital Improvement Program (CIP) technical account has a budget of $100,000 for construction surveying services (401-0000-60108). BACKGROUND/ANALYSIS In June 2016, the City received 10 proposals in response to its on-call construction surveying services RFP. Both MSA Consulting, Inc. and NV5, Inc. were selected and have provided quality service. The increase in contract authority will allow Staff to utilize either consultant for the full “not to exceed” budget of $100,000; the monthly invoices will be tracked to ensure that the total budget is not exceeded. Staff is requesting this flexibility to allow the use of one firm when the other firm cannot respond due to prior commitments, and not exceed the contract amount. ALTERNATIVES Council could elect not to approve one or both amendments. CONSENT CALENDAR ITEM NO. 13 103 Prepared by: Julie Mignogna, Management Analyst Approved by: Bryan McKinney, P.E., City Engineer Attachments: 1. Amendment No. 1 to PSA with MSA Consultants, Inc. 2. Amendment No. 1 to PSA with NV5, Inc. 104 Rev. 7/28/2017 AMENDMENT NO. 1 PROFESSINAL SERVICES AGREEMENT WITH MSA CONSULTING, INC. This Amendment No. 1 to Professional Services Agreement ("Amendment No. 1") is made and entered into as of the 30th day of June, 2018 ("Effective Date") by and between the CITY OF LA QUINTA ("City"), a California municipal corporation and MSA CONSULTING, INC., a Corporation (“Consultant”). RECITALS WHEREAS, on or about July 1, 2016, the City and Consultant entered into an Agreement to provide on-call construction surveying services for the City; and WHEREAS, the initial term of the Agreement expired on June 30, 2017; and WHEREAS, the City and Contractor mutually agreed to extend the Agreement for one year (“Extended Term”) and executed Extension No. 1 on June 30, 2017. The Extended Term commenced on July 1, 2017, and ended on June 30, 2018; and WHEREAS, Extension No. 1 amended the Agreement amount with additional $50,000 approved as part of the fiscal year 2017/18 budget; and WHEREAS, the City and Contractor mutually agree to extend the Agreement for one additional year, until June 30, 2019 (“Second Extended Term”); and WHEREAS, the total Agreement amount, Section 2.1 “Contract Sum,” is hereby amended by an additional amount of $100,000 for services to be provided during the extended term; and WHEREAS, all other Sections and Exhibits of the Agreement remain unchanged, except for Sections 2.1 and 3.4 as written below. NOW THEREFORE, in consideration of the mutual covenant herein contained, the parties agree as follows: AMENDMENT In consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the ATTACHMENT 1 105 Rev. 7/28/2017 sufficiency and receipt of which are hereby acknowledged, the parties hereto agree as follows: 1. Section 2.1 – Contract Sum is amended to read as follows: For the Services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with “Exhibit B” (the “Schedule of Compensation”) in a total amount up to but shall not exceed Two Hundred Thousand Dollars ($200,000) (the “Contract Sum”) for the life of the Agreement encompassing the initial and extended terms, except as provided in Section 1.6. Exhibit B – Schedule of Compensation, is amended as attached in Exhibit B. 2. Section 3.4 – Term is amended to read as follows: Unless earlier terminated in accordance with Sections 8.8 or 8.9 of this Agreement the extended term of this agreement shall commence on July 1, 2018 and terminate on June 30, 2019 (“Extended Term”). In all other respects, the original Agreement shall remain in effect. IN WITNESS WHEREOF, the City and Consultant have executed this Amendment No. 1 to the Agreement on the respective dates set forth below. CITY OF LA QUINTA a California municipal corporation Dated: Frank J. Spevacek, City Manager City of La Quinta, California ATTEST: Monika Radeva, Acting City Clerk City of La Quinta, California 106 Rev. 7/28/2017 APPROVED AS TO FORM: William H. Ihrke, City Attorney City of La Quinta, California CONSULTANT: MSA Consulting, Inc. ___ Name: Title: 107 Rev. 7/28/2017 Exhibit B With the exception of compensation, Additional Services provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Consultant under this Agreement in Fiscal Year 2018/2019 is One Hundred Thousand Dollars ($100,000) (“Contract Sum”). The Contract Sum shall be paid to Consultant MSA Consulting, Inc. in conformance with Section 2.4 of the Agreement. Initial Term: $50,000 Extension No. 1: $50,000 Amendment No. 1: $100,000 New Total Contract Sum: $200,000 108 Rev. 7/28/2017 AMENDMENT NO. 1 PROFESSIONAL SERVICES AGREEMENT WITH NV5, INC. This Amendment No. 1 to Professional Services Agreement ("Amendment No. 1") is made and entered into as of the 30th day of June, 2018 ("Effective Date") by and between the CITY OF LA QUINTA ("City"), a California municipal corporation and NV5, INC., a Corporation (“Consultant”). RECITALS WHEREAS, on or about July 1, 2016, the City and Consultant entered into an Agreement to provide on-call construction surveying services for the City; and WHEREAS, the initial term of the Agreement expired on June 30, 2017; and WHEREAS, the City and Contractor mutually agreed to extend the Agreement for one year (“Extended Term”) and executed Extension No. 1 on June 30, 2017. The Extended Term commenced on July 1, 2017, and ended on June 30, 2018; and WHEREAS, Extension No. 1 amended the Agreement amount with additional $50,000 approved as part of the fiscal year 2017/18 budget; and WHEREAS, the City and Contractor mutually agree to extend the Agreement for one additional year, until June 30, 2019 (“Second Extended Term”); and WHEREAS, the total Agreement amount, Section 2.1 “Contract Sum,” is hereby amended by an additional amount of $100,000 for services to be provided during the extended term; and WHEREAS, all other Sections and Exhibits of the Agreement remain unchanged, except for Sections 2.1 and 3.4 as written below. NOW THEREFORE, in consideration of the mutual covenant herein contained, the parties agree as follows: AMENDMENT In consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the ATTACHMENT 2 109 Rev. 7/28/2017 sufficiency and receipt of which are hereby acknowledged, the parties hereto agree as follows: 1. Section 2.1 – Contract Sum is amended to read as follows: For the Services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with “Exhibit B” (the “Schedule of Compensation”) in a total amount up to but shall not exceed Two Hundred Thousand Dollars ($200,000) (the “Contract Sum”) for the life of the Agreement encompassing the initial and extended terms, except as provided in Section 1.6. Exhibit B – Schedule of Compensation, is amended as attached in Exhibit B. 2. Section 3.4 – Term is amended to read as follows: Unless earlier terminated in accordance with Sections 8.8 or 8.9 of this Agreement the extended term of this agreement shall commence on July 1, 2018 and terminate on June 30, 2019 (“Extended Term”). In all other respects, the original Agreement shall remain in effect. IN WITNESS WHEREOF, the City and Consultant have executed this Amendment No. 1 to the Agreement on the respective dates set forth below. CITY OF LA QUINTA a California municipal corporation Dated: Frank J. Spevacek, City Manager City of La Quinta, California ATTEST: Monika Radeva, Acting City Clerk City of La Quinta, California 110 Rev. 7/28/2017 APPROVED AS TO FORM: William H. Ihrke, City Attorney City of La Quinta, California CONSULTANT: NV5, Inc. Name: Title: 111 Rev. 7/28/2017 Exhibit B With the exception of compensation, Additional Services provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Consultant under this Agreement in Fiscal Year 2018/2019 is One Hundred Thousand Dollars ($100,000) (“Contract Sum”). The Contract Sum shall be paid to Consultant NV5, Inc. in conformance with Section 2.4 of the Agreement. Initial Term: $50,000 Extension No. 1: $50,000 Amendment No. 1: $100,000 New Total Contract Sum: $200,000 112 City of La Quinta CITY COUNCIL MEETING: August 7, 2018 STAFF REPORT AGENDA TITLE: APPROVE FIRST AMENDMENTS TO PROFESSIONAL SERVICES AGREEMENTS WITH LANDMARK CONSULTANTS, INC. AND GEOCON WEST, INC. FOR ON-CALL MATERIALS TESTING SERVICES RECOMMENDATION Approve first amendments to Professional Services Agreements with Landmark Consultants, Inc. and Geocon West, Inc. for on-call materials testing services; and authorize the City Manager to execute the amendments. EXECUTIVE SUMMARY •Materials testing services is often needed for construction projects and require a laboratory and skilled specialists. •The above-named firms have provided quality services for the past two years and were selected through the Request for Proposals (RFP) process. •Providing each amendment sum an amount not to exceed $100,000, allows Staff to use either consultant for the total budgeted amount of $100,000. FISCAL IMPACT The Capital Improvement Project (CIP) technical account funds material testing services for each individual CIP project (401-0000-60108). The budget for all projects has a “not to exceed” total of $100,000 for both Landmark Consultants and Geocon West. BACKGROUND/ANALYSIS In June 2016, the City received 12 proposals in response to the on-call material testing services RFP. Both Landmark Consultants, Inc. and Geocon West, Inc. were selected and have provided quality service. The increase in contract authority will allow Staff to utilize either consultant for the full “not to exceed” total budget of $100,000; the monthly invoices will be tracked to ensure that the total budget is not exceeded. Staff is requesting this flexibility to allow the use of one firm when the other firm cannot respond due to prior commitments, and not exceed the contract amount. ALTERNATIVES Council could elect not to approve one or both amendments. CONSENT CALENDAR ITEM NO. 14 113 Prepared by: Julie Mignogna, Management Analyst Approved by: Bryan McKinney, P.E., City Engineer Attachments: 1. Amendment No. 1 to PSA with Landmark Consultants, Inc. 2. Amendment No. 1 to PSA with Geocon West, Inc. 114 Rev. 7/28/2017 AMENDMENT NO. 1 PROFESSIONAL SERVICES AGREEMENT WITH LANDMARK CONSULTANTS, INC. This Amendment No. 1 to Professional Services Agreement ("Amendment No. 1") is made and entered into as of the 30th day of June, 2018 ("Effective Date") by and between the CITY OF LA QUINTA ("City"), a California municipal corporation and LANDMARK CONSULTANTS, INC., a Corporation (“Consultant”). RECITALS WHEREAS, on or about July 1, 2016, the City and Consultant entered into an Agreement to provide on-call materials testing services for the City; and WHEREAS, the initial term of the Agreement expired on June 30, 2017; and WHEREAS, the City and Contractor mutually agreed to extend the Agreement for one year (“Extended Term”) and executed Extension No. 1 on June 30, 2017. The Extended Term commenced on July 1, 2017, and ended on June 30, 2018; and WHEREAS, Extension No. 1 amended the Agreement amount with additional $50,000 approved as part of the fiscal year 2017/18 budget; and WHEREAS, the City and Contractor mutually agree to extend the Agreement for one additional year, until June 30, 2019 (“Second Extended Term”); and WHEREAS, the total Agreement amount, Section 2.1 “Contract Sum,” is hereby amended by an additional amount of $100,000 for services to be provided during the extended term; and WHEREAS, all other Sections and Exhibits of the Agreement remain unchanged, except for Sections 2.1 and 3.4 as written below. NOW THEREFORE, in consideration of the mutual covenant herein contained, the parties agree as follows: AMENDMENT In consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the ATTACHMENT 1 115 Rev. 7/28/2017 sufficiency and receipt of which are hereby acknowledged, the parties hereto agree as follows: 1. Section 2.1 – Contract Sum is amended to read as follows: For the Services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with “Exhibit B” (the “Schedule of Compensation”) in a total amount up to but shall not exceed Two Hundred Thousand Dollars ($200,000) (the “Contract Sum”) for the life of the Agreement encompassing the initial and extended terms, except as provided in Section 1.6. Exhibit B – Schedule of Compensation, is amended as attached in Exhibit B. 2. Section 3.4 – Term is amended to read as follows: Unless earlier terminated in accordance with Sections 8.8 or 8.9 of this Agreement the extended term of this agreement shall commence on July 1, 2018 and terminate on June 30, 2019 (“Extended Term”). In all other respects, the original Agreement shall remain in effect. IN WITNESS WHEREOF, the City and Consultant have executed this Amendment No. 1 to the Agreement on the respective dates set forth below. CITY OF LA QUINTA a California municipal corporation Dated: Frank J. Spevacek, City Manager City of La Quinta, California ATTEST: Monika Radeva, Acting City Clerk City of La Quinta, California APPROVED AS TO FORM: 116 Rev. 7/28/2017 William H. Ihrke, City Attorney City of La Quinta, California CONSULTANT: Landmark Consultants, Inc. Name: Title: 117 Rev. 7/28/2017 Exhibit B With the exception of compensation, Additional Services provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Consultant under this Agreement in Fiscal Year 2018/2019 is One Hundred Thousand Dollars ($100,000) (“Contract Sum”). The Contract Sum shall be paid to Consultant Landmark Consultants, Inc. in conformance with Section 2.4 of the Agreement. Initial Term: $50,000 Extension No. 1: $50,000 Amendment No. 1: $100,000 New Total Contract Sum: $200,000 118 Rev. 7/28/2017 AMENDMENT NO. 1 PROFESSIONAL SERVICES AGREEMENT WITH GEOCON WEST, INC. This Amendment No. 1 to Professional Services Agreement ("Amendment No. 1") is made and entered into as of the 30th day of June, 2018 ("Effective Date") by and between the CITY OF LA QUINTA ("City"), a California municipal corporation and GEOCON WEST, INC., a Corporation (“Consultant”). RECITALS WHEREAS, on or about July 1, 2016, the City and Consultant entered into an Agreement to provide on-call materials testing services for the City; and WHEREAS, the initial term of the Agreement expired on June 30, 2017; and WHEREAS, the City and Contractor mutually agreed to extend the Agreement for one year (“Extended Term”) and executed Extension No. 1 on June 30, 2017. The Extended Term commenced on July 1, 2017, and ended on June 30, 2018; and WHEREAS, Extension No. 1 amended the Agreement amount with additional $50,000 approved as part of the fiscal year 2017/18 budget; and WHEREAS, the City and Contractor mutually agree to extend the Agreement for one additional year, until June 30, 2019 (“Second Extended Term”); and WHEREAS, the total Agreement amount, Section 2.1 “Contract Sum,” is hereby amended by an additional amount of $100,000 for services to be provided during the extended term; and WHEREAS, all other Sections and Exhibits of the Agreement remain unchanged, except for Sections 2.1 and 3.4 as written below. NOW THEREFORE, in consideration of the mutual covenant herein contained, the parties agree as follows: AMENDMENT In consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the ATTACHMENT 2 119 Rev. 7/28/2017 sufficiency and receipt of which are hereby acknowledged, the parties hereto agree as follows: 1.Section 2.1 – Contract Sum is amended to read as follows: For the Services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with “Exhibit B” (the “Schedule of Compensation”) in a total amount up to but shall not exceed Two Hundred Thousand Dollars ($200,000) (the “Contract Sum”) for the life of the Agreement encompassing the initial and extended terms, except as provided in Section 1.6. Exhibit B – Schedule of Compensation, is amended as attached in Exhibit B. 2.Section 3.4 – Term is amended to read as follows: Unless earlier terminated in accordance with Sections 8.8 or 8.9 of this Agreement the extended term of this agreement shall commence on July 1, 2018 and terminate on June 30, 2019 (“Extended Term”). In all other respects, the original Agreement shall remain in effect. IN WITNESS WHEREOF, the City and Consultant have executed this Amendment No. 1 to the Agreement on the respective dates set forth below. CITY OF LA QUINTA a California municipal corporation Dated: Frank J. Spevacek, City Manager City of La Quinta, California ATTEST: Monika Radeva, Acting City Clerk City of La Quinta, California 120 Rev. 7/28/2017 APPROVED AS TO FORM: William H. Ihrke, City Attorney City of La Quinta, California CONSULTANT: Geocon West, Inc. Name: Title: 121 Rev. 7/28/2017 Exhibit B With the exception of compensation, Additional Services provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Consultant under this Agreement in Fiscal Year 2018/2019 is One Hundred Thousand Dollars ($100,000) (“Contract Sum”). The Contract Sum shall be paid to Consultant Geocon West, Inc. in conformance with Section 2.4 of the Agreement. Initial Term: $50,000 Extension No. 1: $50,000 Amendment No. 1: $100,000 New Total Contract Sum: $200,000 122 City of La Quinta CITY COUNCIL MEETING: August 7, 2018 STAFF REPORT AGENDA TITLE: APPROVE AGREEMENTS FOR CONTRACT SERVICES WITH HR GREEN PACIFIC, INTERWEST CONSULTING, AND ESGIL CORPORATION FOR ON-CALL BUILDING CODE PLAN REVIEW AND INSPECTION SERVICES RECOMMENDATION Approve agreements for contract services with HR Green Pacific, Interwest Consulting Group, and Esgil Corporation for on-call building code plan review and inspection services; and authorize the City Manager to execute the agreements. EXECUTIVE SUMMARY •The City contracts to provide building code plan review and inspection services, expertise that Staff does not possess. •The above-named firms are best qualified to provide these services and were selected through the competitive Request for Proposals (RFP) process, which was completed in June 2018. •Providing each agreement sum an amount not to exceed $324,000, allows Staff to utilize any of the consultants for the full building plan review and inspection budget of $324,000. FISCAL IMPACT The budget for all building plan review and inspection services will have a “not to exceed” total budget of $324,000. Adequate funding is available in Plan Checks account (101-6003-60118). BACKGROUND/ANALYSIS In January 2018, the City received nine proposals in response to the On-Call Building Code Plan Review and Inspection Services RFP. Three consultants, HR Green Pacific, Interwest Consulting Group, Inc., and Esgil Corporation were selected by the review panel in June 2018. Staff recommends these firms be retained to ensure services are available. The City’s on-call building plan review and inspection services encompass review of structural design and calculations, construction and occupancy type, CONSENT CALENDAR ITEM NO. 15 123 means of egress, access and egress for persons with disabilities, electrical and plumbing design adequate lighting, ventilation and energy conservation, and fire/life safety systems. These consultants provide expertise in areas that Staff does not have. Allowing each agreement sum not to exceed $324,000, permits Staff to utilize any of the consultants for the full building plan review and inspection budget of $324,000, if needed. The monthly invoices will be tracked to ensure that the total budget is not exceeded. Staff is requesting this flexibility to allow the use of one firm when the other firm cannot respond due to prior commitments, and not exceed the contract amount. ALTERNATIVES No alternative is recommended; the City must provide these inspection services. Prepared by: Julie Mignogna, Management Analyst Approved by: James “JW” Wiatrak, Building Official Attachments: 1. Agreement for Contract Services with HR Green Pacific 2. Agreement for Contract Services with Interwest Consulting Group 3. Agreement for Contract Services with Esgil Corporation 124 AGREEMENT FOR CONTRACT SERVICES THIS AGREEMENT FOR CONTRACT SERVICES (the “Agreement”) is made and entered into by and between the CITY OF LA QUINTA, (“City”), a California municipal corporation, and HR GREEN PACIFIC, INC., a Corporation (“Contracting Party”). The parties hereto agree as follows: 1.SERVICES OF CONTRACTING PARTY. 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contracting Party shall provide those services related to On- Call Building Plan Review and Inspection Services as specified in the “Scope of Services” attached hereto as “Exhibit A” and incorporated herein by this reference (the “Services”). Contracting Party represents and warrants that Contracting Party is a provider of first-class work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “industry standards” shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances. 1.2 Compliance with Law. All Services rendered hereunder shall be provided in accordance with all applicable ordinances, resolutions, statutes, rules, regulations, and laws of the City and any Federal, State, or local governmental agency of competent jurisdiction. 1.3 Wage and Hour Compliance, Contracting Party shall comply with applicable Federal, State, and local wage and hour laws. 1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Contracting Party shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement, including a City of La Quinta business license. Contracting Party and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required for the performance of the Services required by this Agreement. Contracting Party shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the Services required by this Agreement, and shall indemnify, defend (with counsel selected by City), and hold City, its elected officials, officers, employees, and agents, free and harmless against any such fees, ATTACHMENT 1 125 -2- assessments, taxes, penalties, or interest levied, assessed, or imposed against City hereunder. Contracting Party shall be responsible for all subcontractors’ compliance with this Section. 1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants represents that (a) it has thoroughly investigated and considered the Services to be performed, (b) it has investigated the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. Should Contracting Party discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by City, Contracting Party shall immediately inform City of such fact and shall not proceed except at Contracting Party’s risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.6 Standard of Care. Contracting Party acknowledges and understands that the Services contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Contracting Party’s work will be held to an industry standard of quality and workmanship. Consistent with Section 1.5 hereinabove, Contracting Party represents to City that it holds the necessary skills and abilities to satisfy the industry standard of quality as set forth in this Agreement. Contracting Party shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the Services performed by Contracting Party, and the equipment, materials, papers, and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence. The performance of Services by Contracting Party shall not relieve Contracting Party from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to City, when such inaccuracies are due to the negligence of Contracting Party. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specified in the Scope of Services (“Additional Services”) only when directed to do so by the Contract Officer, provided that Contracting Party shall not be required to perform any Additional Services without compensation. Contracting Party shall not perform any Additional Services until receiving prior written authorization (in the form of a written change order if Contracting Party is a contractor performing the Services) from the Contract Officer, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the 126 -3- time to perform this Agreement, which said adjustments are subject to the written approval of Contracting Party. It is expressly understood by Contracting Party that the provisions of this Section shall not apply to the Services specifically set forth in the Scope of Services or reasonably contemplated therein. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforceable. Failure of Contracting Party to secure the Contract Officer’s written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time to perform this Agreement, whether by way of compensation, restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the Contract Officer. Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement. 1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in “Exhibit D” (the “Special Requirements”), which is incorporated herein by this reference and expressly made a part hereof. In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2. COMPENSATION. 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with “Exhibit B” (the “Schedule of Compensation”) in a total amount not to exceed Three Hundred Twenty Four Thousand Dollars ($324,000.00) per year for the life of the Agreement, encompassing the initial and any extended terms (the “Contract Sum”), except as provided in Section 1.7. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Contracting Party’s rate schedule, but not exceeding the Contract Sum, or such other reasonable methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contracting Party at all project meetings reasonably deemed necessary by City; Contracting Party shall not be entitled to any additional compensation for attending said meetings. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the method of compensation set forth in the Schedule of Compensation, Contracting Party’s overall compensation shall not exceed the Contract Sum, except as provided in Section 1.7 of this Agreement. 127 -4- 2.2 Method of Billing & Payment. Any month in which Contracting Party wishes to receive payment, Contracting Party shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City’s Finance Director, an invoice for Services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the Services provided, including time and materials, and (2) specify each staff member who has provided Services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Contracting Party specifying that the payment requested is for Services performed in accordance with the terms of this Agreement. Upon approval in writing by the Contract Officer and subject to retention pursuant to Section 8.3, City will pay Contracting Party for all items stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City’s Finance Department. 2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer pursuant to Section 1.7 of this Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer pursuant to Section 1.7 of this Agreement. 3. PERFORMANCE SCHEDULE. 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. 3.1 If the Services not completed in accordance with the Schedule of Performance, as set forth in Section 3.2 and “Exhibit C”, it is understood that the City will suffer damage. 3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in “Exhibit C” (the “Schedule of Performance”). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 128 -5- 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contracting Party, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in the Contract Officer’s judgment such delay is justified, and the Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on August 1, 2018 and terminate on June 30, 2021 (“Initial Term”). This Agreement may be extended for one additional two (2) year term upon mutual agreement by both parties (“Extended Term”). 4. COORDINATION OF WORK. 4.1 Representative of Contracting Party. The following principals of Contracting Party (“Principals”) are hereby designated as being the principals and representatives of Contracting Party authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith: (a) Tim Jonasson, P.E. E-mail:tjonasson@hrgreen.com (b) E-mail: (c) E-mail: It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of 129 -6- Contracting Party and devoting sufficient time to personally supervise the Services hereunder. For purposes of this Agreement, the foregoing Principals may not be changed by Contracting Party and no other personnel may be assigned to perform the Services required hereunder without the express written approval of City. Contract Officer. The “Contract Officer” shall be James “JW” Wiatrak, CBO, CASp, Building Official, or such other person as may be designated in writing by the City Manager of City. It shall be Contracting Party’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement. 4.2 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City’s express written approval shall be null, void, and of no effect. No approved transfer shall release Contracting Party of any liability hereunder without the express consent of City. 4.3 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contracting Party, its agents, or its employees, perform the Services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision, or control of Contracting Party’s employees, servants, representatives, or agents, or in fixing their number or hours of service. Contracting Party shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent 130 -7- contractor with only such obligations as are consistent with that role. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contracting Party in its business or otherwise or a joint venture or a member of any joint enterprise with Contracting Party. Contracting Party shall have no power to incur any debt, obligation, or liability on behalf of City. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Except for the Contract Sum paid to Contracting Party as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contracting Party for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contracting Party for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contracting Party and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contracting Party agrees to pay all required taxes on amounts paid to Contracting Party under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contracting Party shall fully comply with the workers’ compensation laws regarding Contracting Party and Contracting Party’s employees. Contracting Party further agrees to indemnify and hold City harmless from any failure of Contracting Party to comply with applicable workers’ compensation laws. City shall have the right to offset against the amount of any payment due to Contracting Party under this Agreement any amount due to City from Contracting Party as a result of Contracting Party’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. 4.4 Identity of Persons Performing Work. Contracting Party represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all of the Services set forth herein. Contracting Party represents that the Services required herein will be performed by Contracting Party or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services. 131 -8- 4.5 City Cooperation. City shall provide Contracting Party with any plans, publications, reports, statistics, records, or other data or information pertinent to the Services to be performed hereunder which are reasonably available to Contracting Party only from or through action by City. 5. INSURANCE. 5.1 Insurance. Prior to the beginning of any Services under this Agreement and throughout the duration of the term of this Agreement, Contracting Party shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, policies of insurance as set forth in “Exhibit E” (the “Insurance Requirements”) which is incorporated herein by this reference and expressly made a part hereof. 5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance to Agency along with all required endorsements. Certificate of Insurance and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance. 6. INDEMNIFICATION. 6.1 Indemnification. To the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, agents, and volunteers as set forth in “Exhibit F” (“Indemnification”) which is incorporated herein by this reference and expressly made a part hereof. 7. RECORDS AND REPORTS. 7.1 Reports. Contracting Party shall periodically prepare and submit to the Contract Officer such reports concerning Contracting Party’s performance of the Services required by this Agreement as the Contract Officer shall require. Contracting Party hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contracting Party agrees that if Contracting Party becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contracting Party is providing design services, the cost of the project being designed, Contracting Party shall promptly notify the Contract Officer of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contracting Party is providing design services, the estimated increased or decreased cost estimate for the project being designed. 132 -9- 7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contracting Party’s business, custody of the Books and Records may be given to City, and access shall be provided by Contracting Party’s successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement. 7.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium prepared or caused to be prepared by Contracting Party, its employees, subcontractors, and agents in the performance of this Agreement (the “Documents and Materials”) shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the expiration or termination of this Agreement, and Contracting Party shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contracting Party will be at City’s sole risk and without liability to Contracting Party, and Contracting Party’s responsibility guarantee and warranties shall not extend to such use, revise, or assignment. Contracting Party may retain copies of such Documents and Materials for its 133 -10- own use. Contracting Party shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contracting Party fails to secure such assignment, Contracting Party shall indemnify City for all damages resulting therefrom. 7.4 In the event City or any person, firm, or corporation authorized by City reuses said Documents and Materials without written verification or adaptation by Contracting Party for the specific purpose intended and causes to be made or makes any changes or alterations in said Documents and Materials, City hereby releases, discharges, and exonerates Contracting Party from liability resulting from said change. The provisions of this clause shall survive the termination or expiration of this Agreement and shall thereafter remain in full force and effect. 7.5 Licensing of Intellectual Property. This Agreement creates a non- exclusive and perpetual license for City to copy, or use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contracting Party shall require all subcontractors, if any, to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contracting Party represents and warrants that Contracting Party has the legal right to license any and all of the Documents and Materials. Contracting Party makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contracting Party or provided to Contracting Party by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk, and City shall indemnify and hold Contracting Party Harmless against all claims and liabilities resulting from such use. 7.6 Release of Documents. The Documents and Materials shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Contracting Party shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.7 Confidential or Personal Identifying Information. Contracting Party covenants that all City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussion notes, or other information, if any, developed or received by Contracting Party or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contracting Party to any person or entity without prior written authorization by City or unless required 134 -11- by law. City shall grant authorization for disclosure if required by any lawful administrative or legal proceeding, court order, or similar directive with the force of law. All City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussions, or other information shall be returned to City upon the termination or expiration of this Agreement. Contracting Party’s covenant under this section shall survive the termination or expiration of this Agreement. 8. ENFORCEMENT OF AGREEMENT. 8.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contracting Party covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party’s right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to this Article 8.0. During the period of time that Contracting Party is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default. 8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contracting Party in the performance of the Services required by this Agreement. 135 -12- 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. City’s consent or approval of any act by Contracting Party requiring City’s consent or approval shall not be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contracting Party. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Termination Prior To Expiration Of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except amounts held as a retention pursuant to this Agreement. 8.8 Termination for Default of Contracting Party. If termination is due to the failure of Contracting Party to fulfill its obligations under this Agreement, Contracting Party shall vacate any City-owned property which Contracting Party is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.2, take over the Services and prosecute the same to completion by contract or otherwise, and Contracting Party shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold 136 -13- any payments to Contracting Party for the purpose of setoff or partial payment of the amounts owed City. 8.9 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing party in the conduct of the litigation. Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose. 9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 9.1 Non-liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contracting Party, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Contracting Party or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. Contracting Party represents covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contracting Party’s performance of the Services under this Agreement. Contracting Party further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the Contract Officer. Contracting Party agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute 137 -14- or regulation. Contracting Party warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 9.3 Covenant against Discrimination. Contracting Party covenants represents that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry in the performance of this Agreement. Contracting Party shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. 10. MISCELLANEOUS PROVISIONS. 10.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section. To City: CITY OF LA QUINTA Attention: James “JW” Wiatrak, CBO, CASp, Building Official 78-495 Calle Tampico La Quinta, California 92253 To Contracting Party: HR GREEN PACIFIC, INC. Attention: Tim Jonasson, P.E., Principal-in-Charge 1260 Corona Pointe Court, Ste305 Corona, CA 92879 10.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 10.3 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 138 -15- 10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument 10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement. 10.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contracting Party and by the City Council of City. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 10.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 10.8 Unfair Business Practices Claims. In entering into this Agreement, Contracting Party offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contracting Party without further acknowledgment of the parties. 10.9 No Third Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 10.10 Authority. The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver 139 -16- this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] 140 -17- IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, a California Municipal Corporation FRANK J. SPEVACEK, City Manager City of La Quinta, California Dated: CONTRACTING PARTY: By: Name: Title: ATTEST: MONIKA RADEVA, Acting City Clerk La Quinta, California By: Name: Title: APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 141 Exhibit A Page 1 of 2 Last revised summer 2017 Exhibit A Scope of Services 1. Services to be Provided: Plan Checking Scope of Services Consultant, upon request of the City, shall review plans submitted for residential and/or commercial developments, infrastructure improvements and special projects. The plans shall be reviewed for conformance with City and other applicable (County, State and Federal) ordinances and Codes with a strict attention to details. Plan Review services may include, but are not limited to the following: • Building plans including architectural, structural, electrical, mechanical, plumbing, energy, and accessibility plans • Grading plans including precise grading plans • Structural calculations and reports • Energy reports and forms • Cal Green plans and reports including commissioning reports • Soils reports including geotechnical updates • Building construction product testing reports The tasks of the plan examiner include: • To check for conformance to: o California building standards codes o City standards o Americans with Disabilities Act (ADA) standards o Other agency requirements such as Riverside County environmental health department and Coachella Valley Water District (CVWD) • To check general mathematics and design criteria • Consultant shall input project data related to plan review information into the permitting software utilized by the City • In writing, call for redesign of any portion of plans that: o Does not conform to code requirements o Is not consistent with calculations o Will be potentially unsafe to residents and the public Building Inspection Services Consultant upon request of the City shall provide building inspection services of special projects during the course of the construction to enforce compliance with the conditions of approval, provisions of the City’s building codes and the code requirements set forth on the approved plans for which a permit was issued. Inspection services may include, but are not limited to the following: 142 Exhibit A Page 2 of 2 • In the performance of such duties, Consultant shall observe each project at the completion of the various stages of construction for compliance with the appropriate City, State and Federal codes • Shall document in writing all field conversations connected to the project • Write corrective measures of field conditions to conform to codes and approved plans • Attend meetings connected with the inspection of the project • Consultant shall input project data related to inspection results, permit fees and construction information into the permitting software utilized by the City Orientation: Consultant shall meet with City staff to: a) Acquaint themselves with the City development plan review and or inspection processes b) Review consultant’s plan review boiler plate correction documents c) Acquire understanding of key issues that need attention during the plan check process d) Establish ongoing operating procedures between City staff and the Consultant for the on-call services On-Call Services: a) Report to City Hall to pick up project documents for review when notified by the City’s permitting software b) Report to City Hall to receive inspection assignments c) Meet with City staff, upon request by the City, to be briefed on unique aspects of the proposed project(s) d) Attend meetings upon request by the City connected to plan review and / or field inspection activities e) Consultant upon request by the City shall perform electronic plan review on the platform as specified by the City 2. Performance Standards: Consultant shall perform all services as outlined in the “Scope of Services” (Exhibit A) on an “as needed basis” within the cost rates of the “Schedule of Compensation” (Exhibit B) and time-frames stated in the “Schedule of Performance” (Exhibit C) to the satisfaction of the City of La Quinta design and Development Building Division. 143 Exhibit B Page 1 of 2 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is Three Hundred Twenty Four Thousand Dollars ($324,000.00) per year for the life of the Agreement, encompassing the initial and any extended terms (“Contract Sum”). The Contract Sum shall be paid to Contracting Party in installment payments made on a monthly basis and in an amount identified in Contracting Party’s schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement. Initial Term: “Not to exceed” Year 1: $324,000.00 “Not to exceed” Year 2: $324,000.00 “Not to exceed” Year 3: $324,000.00 Possible Extended Term: “Not to exceed” Year 4: $324,000.00 “Not to exceed” Year 5: $324,000.00 144 Exhibit B Page 2 of 2 Exhibit B Schedule of Compensation 145 Exhibit C Page 1 of 1 Exhibit C Schedule of Performance Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, in accordance with the Project Schedule below Plan Review Time Frames Schedule of Performance (City Mandated Maximum Time Frames): Type of Job Maximum Turn Around Time First Plan Check Re-Check RESIDENTIAL New Construction 10 Working Days 5 Working Days Addition/Remodel (T.I.) 10 Working Days 5 Working Days NON-RESIDENTIAL New Construction 15 Working Days 10 Working Days Addition/Remodel (T.I.) 10 Working Days 5 Working Days 1) One Week = 5 working days 2) Two Week = 10 Working Days 3) Three Week = 15 Working Days 146 Exhibit D Page 1 of 1 Exhibit D Special Requirements NONE 147 Exhibit E Page 1 of 6 Exhibit E Insurance Requirements E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A-VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Must include the following endorsements: General Liability Additional Insured General Liability Primary and Non-contributory Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Personal Auto Declaration Page if applicable Errors and Omissions Liability $1,000,000 (per claim and aggregate) Workers’ Compensation (per statutory requirements) Must include the following endorsements: Workers Compensation Waiver of Subrogation Workers Compensation Declaration of Sole Proprietor if applicable Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party’s acts or omissions rising out of or related to Contracting Party’s performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder. Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or 148 Exhibit E Page 2 of 6 damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contracting Party’s performance under this Agreement. If Contracting Party or Contracting Party’s employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such person. The term “automobile” includes, but is not limited to, a land motor vehicle, trailer or semi-trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contracting Party and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Contracting Party shall carry Workers’ Compensation Insurance in accordance with State Worker’s Compensation laws with employer’s liability limits no less than $1,000,000 per accident or disease. Contracting Party shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased. In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party’s obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. E.2 Remedies. In addition to any other remedies City may have if Contracting Party fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: 149 Exhibit E Page 3 of 6 a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contracting Party to stop work under this Agreement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party demonstrates compliance with the requirements hereof. c. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party’s failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party’s or its subcontractors’ performance of work under this Agreement. E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party: 1. Contracting Party agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party’s employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 150 Exhibit E Page 4 of 6 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contracting Party shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Contracting Party’s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City. 9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Contracting Party agrees not to self-insure or to use any self- insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contracting Party’s existing coverage includes a 151 Exhibit E Page 5 of 6 deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 11. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contracting Party ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contracting Party, the City will negotiate additional compensation proportional to the increased benefit to City. 12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 13. Contracting Party acknowledges and agrees that any actual or alleged failure on the part of City to inform Contracting Party of non- compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 14. Contracting Party will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 16. The provisions of any workers’ compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents. 152 Exhibit E Page 6 of 6 17. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 18. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 19. The requirements in this Exhibit supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 20. Contracting Party agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contracting Party for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 21. Contracting Party agrees to provide immediate notice to City of any claim or loss against Contracting Party arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 153 Exhibit F Page 1 of 3 Exhibit F Indemnification F.1 Indemnity for the Benefit of City. a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party. b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contracting Party shall indemnify, defend (with counsel selected by City), and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contracting Party or by any individual or entity for which Contracting Party is legally liable, including but not limited to officers, agents, employees, or subcontractors of Contracting Party. c. Indemnity Provisions for Contracts Related to Construction (Limitation on Indemnity). Without affecting the rights of City under any 154 Exhibit F Page 2 of 3 provision of this agreement, Contracting Party shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contracting Party will be for that entire portion or percentage of liability not attributable to the active negligence of City. d. Indemnification Provision for Design Professionals. 1. Applicability of this Section F.1(d). Notwithstanding Section F.1(a) hereinabove, the following indemnification provision shall apply to a Contracting Party who constitutes a “design professional” as the term is defined in paragraph 3 below. 2. Scope of Indemnification. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses, including, without limitation, incidental and consequential damages, court costs, reimbursement of attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party. 3. Design Professional Defined. As used in this Section F.1(d), the term “design professional” shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees to obtain executed indemnity agreements with 155 Exhibit F Page 3 of 3 provisions identical to those set forth herein this Exhibit F, as applicable to the Contracting Party, from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contracting Party in the performance of this Agreement. In the event Contracting Party fails to obtain such indemnity obligations from others as required herein, Contracting Party agrees to be fully responsible according to the terms of this Exhibit. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligations to indemnify and defend City as set forth in this Agreement are binding on the successors, assigns or heirs of Contracting Party and shall survive the termination of this Agreement. 156 AGREEMENT FOR CONTRACT SERVICES THIS AGREEMENT FOR CONTRACT SERVICES (the “Agreement”) is made and entered into by and between the CITY OF LA QUINTA, (“City”), a California municipal corporation, and INTERWEST CONSULTING GROUP, INC., a Corporation (“Contracting Party”). The parties hereto agree as follows: 1.SERVICES OF CONTRACTING PARTY. 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contracting Party shall provide those services related to On-Call Building Plan Review and Inspection Services as specified in the “Scope of Services” attached hereto as “Exhibit A” and incorporated herein by this reference (the “Services”). Contracting Party represents and warrants that Contracting Party is a provider of first-class work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “industry standards” shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances. 1.2 Compliance with Law. All Services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of the City and any Federal, State, or local governmental agency of competent jurisdiction. 1.3 Wage and Hour Compliance, Contracting Party shall comply with applicable Federal, State, and local wage and hour laws. 1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Contracting Party shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement, including a City of La Quinta business license. Contracting Party and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required for the performance of the Services required by this Agreement. Contracting Party shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the Services required by this Agree ment, and shall ATTACHMENT 2 157 - indemnify, defend (with counsel selected by City), and hold City, its elected officials, officers, employees, and agents, free and harmless against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against City hereunder. Contracting Party shall be responsible for all subcontractors’ compliance with this Section. 1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be performed, (b) it has investigated the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. Should Contracting Party discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by City, Contracting Party shall immediately inform City of such fact and shall not proceed except at Contracting Party’s risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.6 Standard of Care. Contracting Party acknowledges and understands that the Services contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Contracting Party’s work will be held to an industry standard of quality and workmanship. Consistent with Section 1.5 hereinabove, Contracting Party represents to City that it holds the necessary skills and abilities to satisfy the industry standard of quality as set forth in this Agreement. Contracting Party shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the Services performed by Contracting Party, and the equipment, materials, papers, and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence. The performance of Services by Contracting Party shall not relieve Contracting Party from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to City, when such inaccuracies are due to the negligence of Contracting Party. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specified in the Scope of Services (“Additional Services”) only when directed to do so by the Contract Officer, provided that Contracting Party shall not be required to perform any Additional Services without compensation. Contracting Party shall not perform any Additional Services until receiving prior written authorization (in the form of a written 158 - change order if Contracting Party is a contractor performing the Services) from the Contract Officer, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contracting Party. It is expressly understood by Contracting Party that the provisions of this Section shall not apply to the Services specifically set forth in the Scope of Services or reasonably contemplated therein. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforceable. Failure of Contracting Party to secure the Contract Officer’s written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time to perform this Agreement, whether by way of compensation, restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the Contract Officer. Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement. 1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in “Exhibit D” (the “Special Requirements”), which is incorporated herein by this reference and expressly made a part hereof. In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2. COMPENSATION. 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with “Exhibit B” (the “Schedule of Compensation”) in a total amount not to exceed Three Hundred Twenty Four Thousand Dollars ($324,000.00) per year for the life of the Agreement, encompassing the initial and any extended terms (the “Contract Sum”), except as provided in Section 1.7. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Contracting Party’s rate schedule, but not exceeding the Contract Sum, or such other reasonable methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contracting Party at all project meetings reasonably deemed necessary by City; Contracting Party shall not be entitled to any additional compensation for attending said meetings. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. 159 - Regardless of the method of compensation set forth in the Schedule of Compensation, Contracting Party’s overall compensation shall not exceed the Contract Sum, except as provided in Section 1.7 of this Agreement. 2.2 Method of Billing & Payment. Any month in which Contracting Party wishes to receive payment, Contracting Party shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City’s Finance Director, an invoice for Services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the Services provided, including time and materials, and (2) specify each staff member who has provided Services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Contracting Party specifying that the payment requested is for Services performed in accordance with the terms of this Agreement. Upon approval in writing by the Contract Officer and subject to retention pursuant to Section 8.3, City will pay Contracting Party for all items stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City’s Finance Department. 2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer pursuant to Section 1.7 of this Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer pursuant to Section 1.7 of this Agreement. 3. PERFORMANCE SCHEDULE. 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. If the Services not completed in accordance with the Schedule of Performance, as set forth in Section 3.2 and “Exhibit C”, it is understood that the City will suffer damage. 3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in “Exhibit C” (the “Schedule of Performance”). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 160 - 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contracting Party, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in the Contract Officer’s judgment such delay is justified, and the Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on August 1, 2018 and terminate on June 30, 2021 (“Initial Term”). This Agreement may be extended for one additional two (2) year term upon mutual agreement by both parties (“Extended Term”). 4. COORDINATION OF WORK. 4.1 Representative of Contracting Party. The following principals of Contracting Party (“Principals”) are hereby designated as being the principals and representatives of Contracting Party authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith: (a) Ron Beehler, SE, CBO E-mail: rbeehler@interwestgrp.com (b) Chris A. Vogt, PE E-mail: cvogt@interwestgrp.com (c) E-mail: It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principals s hall be responsible during the term of this Agreement for directing all activities of 161 - Contracting Party and devoting sufficient time to personally supervise the Services hereunder. For purposes of this Agreement, the foregoing Principals may not be changed by Contracting Party and no other personnel may be assigned to perform the Services required hereunder without the express written approval of City. 4.2 Contract Officer. The “Contract Officer” shall be James “JW” Wiatrak, CBO, CASp, or such other person as may be designated in writing by the City Manager of City. It shall be Contracting Party’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any deci sions, that must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City’s express written approval shall be null, void, and of no effect. No approved transfer shall release Contracting Party of any liability hereunder without the express consent of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contracting Party, its agents, or its employees, perform the Services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision, or control of Contracting Party’s employees, servants, representatives, or agents, or in fixing their number or hours of service. Contracting Party shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations 162 - as are consistent with that role. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contracting Party in its business or otherwise or a joint venture or a member of any joint enterprise with Contracting Party. Contracting Party shall have no power to incur any debt, obligation, or liability on behalf of City. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Except for the Contract Sum paid to Contracting Party as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contracting Party for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contracting Party for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contracting Party and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contracting Party agrees to pay all required taxes on amounts paid to Contracting Party under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contracting Party shall fully comply with the workers’ compensation laws regarding Contracting Party and Contracting Party’s employees. Contracting Party further agrees to indemnify and hold City harmless from any failure of Contracting Party to comply with applicable workers’ compensation laws. City shall have the right to offset against the amount of any payment due to Contracting Party under this Agreement any amount due to City from Contracting Party as a result of Contracting Party’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. 4.5 Identity of Persons Performing Work. Contracting Party represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all of the Services set forth herein. Contracting Party represents that the Services required herein will be performed by Contracting Party or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services. 163 - 4.6 City Cooperation. City shall provide Contracting Party with any plans, publications, reports, statistics, records, or other data or information pertinent to the Services to be performed hereunder which are reasonably available to Contracting Party only from or through action by City. 5. INSURANCE. 5.1 Insurance. Prior to the beginning of any Services under this Agreement and throughout the duration of the term of this Agreement, Contracting Party shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, policies of insurance as set forth in “Exhibit E” (the “Insurance Requirements”) which is incorporated herein by this reference and expressly made a part hereof. 5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance to Agency along with all required endorsements. Certificate of Insurance and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance. 6. INDEMNIFICATION. 6.1 Indemnification. To the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, agents, and volunteers as set forth in “Exhibit F” (“Indemnification”) which is incorporated herein by this reference and expressly made a part hereof. 7. RECORDS AND REPORTS. 7.1 Reports. Contracting Party shall periodically prepare and submit to the Contract Officer such reports concerning Contracting Party’s performance of the Services required by this Agreement as the Contract Officer shall require. Contracting Party hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contracting Party agrees that if Contracting Party becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contracting Party is providing design services, the cost of the project being designed, Contracting Party shall promptly notify the Contract Officer of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contracting Party is providing design services, the estimated increased or decreased cost estimate for the project being designed. 164 - 7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contracting Party’s business, custody of the Books and Records may be given to City, and access shall be provided by Contracting Party’s successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement. 7.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium prepared or caused to be prepared by Contracting Party, its employees, subcontractors, and agents in the performance of this Agreement (the “Documents and Materials”) shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the expiration or termination of this Agreement, and Contracting Party shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contracting Party will be at City’s sole risk and without liability to Contracting Party, and Contracting Party’s guarantee and warranties shall not extend to such use, revise, or assignment. Contracting Party may retain copies of such Documents and Materials for its own use. 165 - Contracting Party shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contracting Party fails to secure such assignment, Contracting Party shall indemnify City for all damages resulting therefrom. 7.4 In the event City or any person, firm, or corporation authorized by City reuses said Documents and Materials without written verification or adaptation by Contracting Party for the specific purpose intended and causes to be made or makes any changes or alterations in said Documents and Materials, City hereby releases, discharges, and exonerates Contracting Party from liability resulting from said change. The provis ions of this clause shall survive the termination or expiration of this Agreement and shall thereafter remain in full force and effect. 7.5 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contracting Party shall require all subcontractors, if any, to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contracting Party represents and warrants that Contracting Party has the legal right to license any and all of the Documents and Materials. Contracting Party makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contracting Party or provided to Contracting Party by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. 7.6 Release of Documents. The Documents and Materials shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Contracting Party shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.7 Confidential or Personal Identifying Information. Contracting Party covenants that all City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussion notes, or other information, if any, developed or received by Contracting Party or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contracting Party to any person or entity without prior written authorization by City or unless required by law. City shall grant authorization for disclosure if required by 166 - any lawful administrative or legal proceeding, court order, or similar directive with the force of law. All City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussions, or other information shall be returned to City upon the termination or expiration of this Agreement. Contracting Party’s covenant under this section shall survive the termination or expiration of this Agreement. 8. ENFORCEMENT OF AGREEMENT. 8.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contracting Party covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party’s right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to this Article 8.0. During the period of time that Contracting Party is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default. 8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contracting Party in the performance of the Services required by this Agreement. 167 - 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. City’s consent or approval of any act by Contracting Party requiring City’s consent or approval shall not be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contracting Party. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Termination Prior To Expiration Of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except amounts held as a retention pursuant to this Agreement. 8.8 Termination for Default of Contracting Party. If termination is due to the failure of Contracting Party to fulfill its obligations under this Agreement, Contracting Party shall vacate any City-owned property which Contracting Party is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.2, take over the Services and prosecute the same to completion by contract or otherwise, and Contracting Party shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), 168 - and City may withhold any payments to Contracting Party for the purpose of setoff or partial payment of the amounts owed City. 8.9 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whethe r legal or equitable, shall be entitled to reasonable attorneys’ fees; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing party in the conduct of the litigation. Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose. 9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 9.1 Non-liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contracting Party, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Contracting Party or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contracting Party’s performance of the Services under this Agreement. Contracting Party further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the Contract Officer. Contracting Party agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects hi s financial interest or the financial interest of any corporation, partnership or 169 - association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. Contracting Party warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 9.3 Covenant against Discrimination. Contracting Party covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry in the performance of this Agreement. Contracting Party shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. 10. MISCELLANEOUS PROVISIONS. 10.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section. To City: CITY OF LA QUINTA Attention: James “JW” Wiatrak, CBO, CASp, Building Official 78-495 Calle Tampico La Quinta, California 92253 To Contracting Party: INTERWEST CONSULTING GROUP Ron Beehler, SE, CBO, Director of Building Services, Principal-in-Charge 431 S. Palm Canyon Drive, Ste. 200 Palm Springs, CA 92262 10.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 10.3 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 170 - 10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument 10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement. 10.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contracting Party and by the City Council of City. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 10.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 10.8 Unfair Business Practices Claims. In entering into this Agreement, Contracting Party offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contracting Party without further acknowledgment of the parties. 10.9 No Third Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third -party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 10.10 Authority. The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly 171 - organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] 172 - IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, a California Municipal Corporation FRANK J. SPEVACEK, City Manager City of La Quinta, California Dated: CONTRACTING PARTY: By: Name: Title: ATTEST: MONIKA RADEVA, Acting City Clerk La Quinta, California By: Name: Title: APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 173 Last revised summer 2017 Exhibit A Scope of Services 1. Services to be Provided: Plan Checking Scope of Services Consultant, upon request of the City, shall review plans submitted for residential and/or commercial developments, infrastructure improvements and special projects. The plans shall be reviewed for conformance with City and other applicable (County, State and Federal) ordinances and Codes with a strict attention to details. Plan Review services may include, but are not limited to the following: • Building plans including architectural, structural, electrical, mechanical, plumbing, energy, and accessibility plans • Grading plans including precise grading plans • Structural calculations and reports • Energy reports and forms • Cal Green plans and reports including commissioning reports • Soils reports including geotechnical updates • Building construction product testing reports The tasks of the plan examiner include: • To check for conformance to: o California building standards codes o City standards o Americans with Disabilities Act (ADA) standards o Other agency requirements such as Riverside County environmental health department and Coachella Valley Water District (CVWD) • To check general mathematics and design criteria • Consultant shall input project data related to plan review information into the permitting software utilized by the City • In writing, call for redesign of any portion of plans that: o Does not conform to code requirements o Is not consistent with calculations o Will be potentially unsafe to residents and the public Building Inspection Services Consultant upon request of the City shall provide building inspection services of special projects during the course of the construction to enforce compliance with the conditions of approval, provisions of the City’s building codes and the code requirements set forth on the approved plans for which a permit was issued. Inspection services may include, but are not limited to the following: • In the performance of such duties, Consultant shall observe each project at the completion of the various stages of construction for compliance with the appropriate City, State and Federal codes 174 • Shall document in writing all field conversations connected to the project • Write corrective measures of field conditions to conform to codes and approved plans • Attend meetings connected with the inspection of the project • Consultant shall input project data related to inspection results, permit fees and construction information into the permitting software utilized by the City Orientation: Consultant shall meet with City staff to: a) Acquaint themselves with the City development plan review and or inspection processes b) Review consultant’s plan review boiler plate correction documents c) Acquire understanding of key issues that need attention during the plan check process d) Establish ongoing operating procedures between City staff and the Consultant for the on-call services On-Call Services: a) Report to City Hall to pick up project documents for review when notified by the City’s permitting software b) Report to City Hall to receive inspection assignments c) Meet with City staff, upon request by the City, to be briefed on unique aspects of the proposed project(s) d) Attend meetings upon request by the City connected to plan review and / or field inspection activities e) Consultant upon request by the City shall perform electronic plan review on the platform as specified by the City 2. Performance Standards: Plan Review Time Frames Schedule of Performance (City Mandated Maximum Time Frames): 1) One Week = 5 working days 2) Two Week = 10 Working Days 3) Three Week = 15 Working Days 175 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is Three Hundred Twenty Four Thousand Dollars ($324,000.00) per year for the life of the Agreement, encompassing the initial and any extended terms (“Contract Sum”). The Contract Sum shall be paid to Contracting Party in installment payments made on a monthly basis and in an amount identified in Contracting Party’s schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement. Initial Term: “Not to exceed” Year 1: $324,000.00 “Not to exceed” Year 2: $324,000.00 “Not to exceed” Year 3: $324,000.00 Possible Extended Term: “Not to exceed” Year 4: $324,000.00 “Not to exceed” Year 5: $324,000.00 176 Error! Unknown document property name./Error! Unknown document property name.-Error! Unknown document property name. Error! Unknown document property name..Error! Unknown document property name. a07/29/18 -2- 177 Exhibit C Schedule of Performance Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, in accordance with the Project Schedule below Plan Review Time Frames Schedule of Performance (City Mandated Maximum Time Frames): Type of Job Maximum Turn Around Time First Plan Check Re-Check RESIDENTIAL New Construction 10 Working Days 5 Working Days Addition/Remodel (T.I.) 10 Working Days 5 Working Days NON-RESIDENTIAL New Construction 15 Working Days 10 Working Days Addition/Remodel (T.I.) 10 Working Days 5 Working Days 1) One Week = 5 working days 2) Two Week = 10 Working Days 3) Three Week = 15 Working Days 178 Exhibit D Special Requirements None 179 Exhibit E Insurance Requirements E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A-VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Must include the following endorsements: General Liability Additional Insured General Liability Primary and Non-contributory Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Personal Auto Declaration Page if applicable Errors and Omissions Liability $1,000,000 (per claim and aggregate) Workers’ Compensation (per statutory requirements) Must include the following endorsements: Workers Compensation Waiver of Subrogation Workers Compensation Declaration of Sole Proprietor if applicable Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party’s acts or omissions rising out of or related to Contracting Party’s performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder. 180 Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contracting Party’s performance under this Agreement. If Contracting Party or Contracting Party’s employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such person. The term “automobile” includes, but is not limited to, a land motor vehicle, trailer or semi-trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contracting Party and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Contracting Party shall carry Workers’ Compensation Insurance in accordance with State Worker’s Compensation laws with employer’s liability limits no less than $1,000,000 per accident or disease. Contracting Party shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased. In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party’s obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. E.2 Remedies. In addition to any other remedies City may have if Contracting Party fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: 181 a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contracting Party to stop work under this Agreement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party demonstrates compliance with the requirements hereof. c. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party’s failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party’s or its subcontractors’ performance of work under this Agreement. E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party: 1. Contracting Party agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contra cting Party also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party’s employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 182 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contracting Party shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Contracting Party’s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City. 9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Contracting Party agrees not to self-insure or to use any self- insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contracting Party’s existing coverage includes a 183 deductible or self-insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 11. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contracting Party ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contracting Party, the City will negotiate additional compensation proportional to the increased benefit to City. 12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 13. Contracting Party acknowledges and agrees that any actual or alleged failure on the part of City to inform Contracting Party of non - compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 14. Contracting Party will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 16. The provisions of any workers’ compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity 184 defenses under such laws with respect to City, its employees, officials, and agents. 17. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 18. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 19. The requirements in this Exhibit supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 20. Contracting Party agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contracting Party for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 21. Contracting Party agrees to provide immediate notice to City of any claim or loss against Contracting Party arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 185 Exhibit F Indemnification F.1 Indemnity for the Benefit of City. a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party. b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contracting Party shall indemnify, defend (with counsel selected by City), and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contracting Party or by any individual or entity for which Contracting Party is legally liable, including but not limited to officers, agents, employees, or subcontractors of Contracting Party. c. Indemnity Provisions for Contracts Related to Construction (Limitation on Indemnity). Without affecting the rights of City under any 186 provision of this agreement, Contracting Party shall not be required to indemnify and hold harmless City for liability attributable to the acti ve negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contracting Party will be for that entire portion or percentage of liability not attributable to the active negligence of City. d. Indemnification Provision for Design Professionals. 1. Applicability of this Section F.1(d). Notwithstanding Section F.1(a) hereinabove, the following indemnification provision shall apply to a Contracting Party who constitutes a “design professional” as the term is defined in paragraph 3 below. 2. Scope of Indemnification. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses, including, without limitation, incidental and consequential damages, court costs, reimbursement of attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party. 3. Design Professional Defined. As used in this Section F.1(d), the term “design professional” shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. F.2 Obligation to Secure Indemnification Provisions . Contracting Party agrees to obtain executed indemnity agreements with 187 provisions identical to those set forth herein this Exhibit F, as applicable to the Contracting Party, from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contracting Party in the performance of this Agreement. In the event Contracting Party fails to obtain such indemnity obligations from others as required herein, Contracting Party agrees to be fully responsible according to the terms of this Exhibit. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligations to indemnify and defend City as set forth in this Agreement are binding on the successors, assigns or heirs of Contracting Party and shall survive the termination of this Agreement. 188 AGREEMENT FOR CONTRACT SERVICES THIS AGREEMENT FOR CONTRACT SERVICES (the “Agreement”) is made and entered into by and between the CITY OF LA QUINTA, (“City”), a California municipal corporation, and ESGIL - A SAFEBUILT COMPANY, a Corporation (“Contracting Party”). The parties hereto agree as follows: 1.SERVICES OF CONTRACTING PARTY. 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contracting Party shall provide those services related to On- Call Building Plan Review and Inspection Services as specified in the “Scope of Services” attached hereto as “Exhibit A” and incorporated herein by this reference (the “Services”). Contracting Party represents and warrants that Contracting Party is a provider of first-class work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “industry standards” shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances. 1.2 Compliance with Law. All Services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of the City and any Federal, State, or local governmental agency of competent jurisdiction. 1.3 Wage and Hour Compliance, Contracting Party shall comply with applicable Federal, State, and local wage and hour laws. 1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Contracting Party shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement, including a City of La Quinta business license. Contracting Party and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required for the performance of the Services required by this Agreement. Contracting Party shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the Services required by this Agreement, and shall indemnify, defend (with counsel selected by City), and hold City, its elected officials, officers, employees, and agents, free and harmless against any such fees, ATTACHMENT 3 189 - assessments, taxes, penalties, or interest levied, assessed, or imposed against City hereunder. Contracting Party shall be responsible for all subcontractors’ compliance with this Section. 1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be performed, (b) it has investigated the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. Should Contracting Party discover any latent or unknown conditions materially differing from those inherent in the Services or as represen ted by City, Contracting Party shall immediately inform City of such fact and shall not proceed except at Contracting Party’s risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.6 Standard of Care. Contracting Party acknowledges and understands that the Services contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Contracting Party’s work will be held to an industry standard of quality and workmanship. Consistent with Section 1.5 hereinabove, Contracting Party represents to City that it holds the necessary skills and abilities to satisfy the industry standard of quality as set forth in this Agreement. Contracting Party shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the Services performed by Contracting Party, and the equipment, materials, papers, and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence. The performance of Services by Contracting Party shall not relieve Contracting Party from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to City, when such inaccuracies are due to the negligence of Contracting Party. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specified in the Scope of Services (“Additional Services”) only when directed to do so by the Contract Officer, provided that Contracting Party shall not be required to perform any Additional Services without compensation. Contracting Party shall not perform any Additional Services until receiving prior written authorization (in the form of a written change order if Contracting Party is a contractor performing the Services) from the Contract Officer, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the 190 - time to perform this Agreement, which said adjustments are subject to the written approval of Contracting Party. It is expressly understood by Contracting Party that the provisions of this Section shall not apply to the Services specifically set forth in the Scope of Services or reasonably contemplated therein. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforceable. Failure of Contracting Party to secure the Contract Officer’s written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time to perform this Agreement, whether by way of compensation, restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the Contract Officer. Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement. 1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in “Exhibit D” (the “Special Requirements”), which is incorporated herein by this reference and expressly made a part hereof. In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2. COMPENSATION. 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with “Exhibit B” (the “Schedule of Compensation”) in a total amount not to exceed Three Hundred Twenty Four Thousand Dollars ($324,000.00) per year for the life of the Agreement, encompassing the initial and any extended terms (the “Contract Sum”), except as provided in Section 1.7. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Contracting Party’s rate schedule, but not exceeding the Contract Sum, or such other reasonable methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contracting Party at all project meetings reasonably deemed necessary by City; Contracting Party shall not be entitled to any additional compensation for attending said meetings. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the method of compensation set forth in the Schedule of Compensation, Contracting Party’s overall compensation shall not exceed the Contract Sum, except as provided in Section 1.7 of this Agreement. 191 - 2.2 Method of Billing & Payment. Any month in which Contracting Party wishes to receive payment, Contracting Party shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City’s Finance Director, an invoice for Services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the Services provided, including time and materials, and (2) specify each staff member who has provided Services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Contracting Party specifying that the payment requested is for Services performed in accordance with the terms of this Agreement. Upon approval in writing by the Contract Officer and subject to retention pursuant to Section 8.3, City will pay Contracting Party for all items stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City’s Finance Department. 2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer pursuant to Section 1.7 of this Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer pursuant to Section 1.7 of this Agreement. 3. PERFORMANCE SCHEDULE. 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. If the Services not completed in accordance with the Schedule of Performance, as set forth in Section 3.2 and “Exhibit C”, it is understood that the City will suffer damage. 3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in “Exhibit C” (the “Schedule of Performance”). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable 192 - causes beyond the control and without the fault or negligence of Contracting Party, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in the Contract Officer’s judgment such delay is justified, and the Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agr eement shall commence on August 1, 2018 and terminate on June 30, 2021 (“Initial Term”). This Agreement may be extended for one additional two (2) year term upon mutual agreement by both parties (“Extended Term”). 4. COORDINATION OF WORK. 4.1 Representative of Contracting Party. The following principals of Contracting Party (“Principals”) are hereby designated as being the principals and representatives of Contracting Party authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith: (a) Kurt Culver, PE, SE E-mail: kculver@esgil.com It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of Contracting Party and devoting sufficient time to personally supervise the Services hereunder. For purposes of this Agreement, the foregoing Principals may not be changed by Contracting Party and no other personnel may be assigned to perform the Services required hereunder without the express written approval of City. 4.2 Contract Officer. The “Contract Officer” shall be James “JW” Wiatrak, CBO, CASp, or such other person as may be designated in writing by the City Manager of City. It shall be Contracting Party’s responsibility to 193 - assure that the Contract Officer is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City’s express written approval shall be null, void, and of no effect. No approved transfer shall release Contracting Party of any liability hereunder without the express consent of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contracting Party, its agents, or its employees, perform the Services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision, or control of Contracting Party’s employees, servants, representatives, or agents, or in fixing their number or hours of service. Contracting Party shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contracting Party in its business or otherwise or a joint venture or a member of any joint enterprise with Contracting Party. Contracting Party shall have no power to incur any debt, obligation, or liability on behalf of City. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Except for the Contract Sum paid to Contracting Party as provided in this Agreement, 194 - City shall not pay salaries, wages, or other compensation to Contracting Party for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contracting Party for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contracting Party and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contracting Party agrees to pay all required taxes on amounts paid to Contracting Party under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contracting Party shall fully comply with the workers’ compensation laws regarding Contracting Party and Contracting Party’s employees. Contracting Party further agrees to indemnify and hold City harmless from any failure of Contracting Party to comply with applicable workers’ compensation laws. City shall have the right to offset against the amount of any payment due to Contracting Party under this Agreement any amount due to City from Contracting Party as a result of Contracting Party’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. 4.5 Identity of Persons Performing Work. Contracting Party represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all of the Services set forth herein. Contracting Party represents that the Services required herein will be performed by Contracting Party or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services. 4.6 City Cooperation. City shall provide Contracting Party with any plans, publications, reports, statistics, records, or other data or information pertinent to the Services to be performed hereunder which are reasonably available to Contracting Party only from or through action by City. 5. INSURANCE. 5.1 Insurance. Prior to the beginning of any Services under this Agreement and throughout the duration of the term of this Agre ement, Contracting Party shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, policies of 195 - insurance as set forth in “Exhibit E” (the “Insurance Requirements”) which is incorporated herein by this reference and expressly made a part hereof. 5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance to Agency along with all required endorsements. Certificate of Insurance and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance. 6. INDEMNIFICATION. 6.1 Indemnification. To the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel reasonably satisfactory to the selected by City), and hold harmless City and any and all of its officers, employees, agents, and volunteers as set forth in “Exhibit F” (“Indemnification”) which is incorporated herein by this reference and expressly made a part hereof. 7. RECORDS AND REPORTS. 7.1 Reports. Contracting Party shall periodically prepare and submit to the Contract Officer such reports concerning Contracting Party’s performance of the Services required by this Agreement as the Contract Officer shall require. Contracting Party hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contracting Party agrees that if Contracting Party becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contracting Party is providing design services, the cost of the project being designed, Contracting Party shall promptly notify the Contract Officer of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contracting Party is providing design services, the estimated increased or decreased cost estimate for the project being designed. 7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, 196 - copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contracting Party’s business, custody of the Books and Records may be given to City, and access shall be provided by Contracting Party’s successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement. 7.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium prepared or caused to be prepared by Contracting Party, its employees, subcontractors, and agents in the performance of this Agreement (the “Documents and Materials”) shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the expiration or termination of this Agreement, and Contracting Party shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Docu ments and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contracting Party will be at City’s sole risk and withou t liability to Contracting Party, and Contracting Party’s guarantee and warranties shall not extend to such use, revise, or assignment. Contracting Party may retain copies of such Documents and Materials for its own use. Contracting Party shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contracting Party fails to secure such assignment, Contracting Party shall indemnify City for all damages resulting therefrom. 7.4 In the event City or any person, firm, or corporation authorized by City reuses said Documents and Materials without written verification or adaptation by Contracting Party for the specific purpose intended and causes to be made or makes any changes or alterations in said Documents and Materials, City hereby releases, discharges, and exonerates Contracting Party 197 - from liability resulting from said change. The provisions of this clause shall survive the termination or expiration of this Agreement and shall thereafter remain in full force and effect. 7.5 Licensing of Intellectual Property. This Agreement creates a non- exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contracting Party shall require all subcontractors, if any, to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contracting Party represents and warrants that Contracting Party has the legal right to license any and all of the Documents and Materials. Contracting Party makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contracting Party or provided to Contracting Party by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. 7.6 Release of Documents. The Documents and Materials shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Contracting Party shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.7 Confidential or Personal Identifying Information. Contracting Party covenants that all City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussion notes, or other information, if any, developed or received by Contracting Party or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contracting Party to any person or entity without prior written authorization by City or unless required by law. City shall grant authorization for disclosure if required by any lawful administrative or legal proceeding, court order, or similar directive with the force of law. All City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussions, or other information shall be returned to City upon the termination or expiration of this Agreement. Contracting Party’s covenant under this section shall survive the termination or expiration of this Agreement. 198 - 8. ENFORCEMENT OF AGREEMENT. 8.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contracting Party covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party’s right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to this Article 8.0. During the period of time that Contracting Party is in default, City shall hold all invoices and shall, when the default is c ured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default. 8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contracting Party in the performance of the Services required by this Agreement. 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. City’s consent or approval of any act by Contracting Party requiring City’s consent or approval shall not be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contracting Party. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 199 - 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Termination Prior To Expiration Of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except amounts held as a retention pursuant to this Agreement. 8.8 Termination for Default of Contracting Party. If termination is due to the failure of Contracting Party to fulfill its obligations under this Agreement, Contracting Party shall vacate any City-owned property which Contracting Party is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.2, take over the Services and prosecute the same to completion by contract or otherwise, and Contracting Party shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Contracting Party for the purpose of setoff or partial payment of the amounts owed City. 8.9 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the 200 - reasonable number of hours spent by the prevailing party in the conduct of the litigation. Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose. 9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 9.1 Non-liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contracting Party, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Contracting Party or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contracting Party’s performance of the Services under this Agreement. Contracting Party further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the Contract Officer. Contracting Party agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. Contracting Party warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 9.3 Covenant against Discrimination. Contracting Party covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry in 201 - the performance of this Agreement. Contracting Party shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. 10. MISCELLANEOUS PROVISIONS. 10.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section. To City: CITY OF LA QUINTA Attention: James “JW” Wiatrak, CBO, CASp, Building Official 78-495 Calle Tampico La Quinta, California 92253 To Contracting Party: ESGIL- a SAFEbuilt Company Kurt Culver, PE, SE, Regional Operations Manager 9320 Chesapeake Dr. #208 San Diego, CA 92123 10.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 10.3 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for conve nience only and shall not limit or otherwise affect the terms of this Agreement. 10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument 10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement. 10.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contracting Party and 202 - by the City Council of City. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 10.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 10.8 Unfair Business Practices Claims. In entering into this Agreement, Contracting Party offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contracting Party without further acknowledgment of the parties. 10.9 No Third Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third -party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 10.10 Authority. The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] 203 - IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, a California Municipal Corporation FRANK J. SPEVACEK, City Manager City of La Quinta, California Dated: CONTRACTING PARTY: By: Name: Title: ATTEST: MONIKA RADEVA, Acting City Clerk La Quinta, California By: Name: Title: APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 204 Last revised summer 2017 Exhibit A Scope of Services 1. Services to be Provided: Plan Checking Scope of Services Consultant, upon request of the City, shall review plans submitted for residential and/or commercial developments, infrastructure improvements and special projects. The plans shall be reviewed for conformance with City and other applicable (County, State and Federal) ordinances and Codes with a strict attention to details. Plan Review services may include, but are not limited to the following: • Building plans including architectural, structural, electrical, mechanical, plumbing, energy, and accessibility plans • Grading plans including precise grading plans • Structural calculations and reports • Energy reports and forms • Cal Green plans and reports including commissioning reports • Soils reports including geotechnical updates • Building construction product testing reports The tasks of the plan examiner include: • To check for conformance to: o California building standards codes o City standards o Americans with Disabilities Act (ADA) standards o Other agency requirements such as Riverside County environmental health department and Coachella Valley Water District (CVWD) • To check general mathematics and design criteria • Consultant shall input project data related to plan review information into the permitting software utilized by the City • In writing, call for redesign of any portion of plans that: o Does not conform to code requirements o Is not consistent with calculations o Will be potentially unsafe to residents and the public Building Inspection Services Consultant upon request of the City shall provide building inspection services of special projects during the course of the construction to enforce compliance with the conditions of approval, provisions of the City’s building codes and the code requirements set forth on the approved plans for which a permit was issued. Inspection services may include, but are not limited to the following: • In the performance of such duties, Consultant shall observe each project at the completion of the various stages of construction for compliance with the appropriate City, State and Federal codes 205 • Shall document in writing all field conversations connected to the project • Write corrective measures of field conditions to conform to codes and approved plans • Attend meetings connected with the inspection of the project • Consultant shall input project data related to inspection results, permit fees and construction information into the permitting software utilized by the City Orientation: Consultant shall meet with City staff to: a) Acquaint themselves with the City development plan review and or inspection processes b) Review consultant’s plan review boiler plate correction documents c) Acquire understanding of key issues that need attention during the plan check process d) Establish ongoing operating procedures between City staff and the Consultant for the on-call services On-Call Services: a) Report to City Hall to pick up project documents for review when notified by the City’s permitting software b) Report to City Hall to receive inspection assignments c) Meet with City staff, upon request by the City, to be briefed on unique aspects of the proposed project(s) d) Attend meetings upon request by the City connected to plan review and / or field inspection activities e) Consultant upon request by the City shall perform electronic plan review on the platform as specified by the City 2. Performance Standards: Plan Review Time Frames Schedule of Performance (City Mandated Maximum Time Frames): 1) One Week = 5 working days 2) Two Week = 10 Working Days 3) Three Week = 15 Working Days 206 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is Three Hundred Twenty Four Thousand Dollars ($324,000.00) per year for the life of the Agreement, encompassing the initial and any extended terms (“Contract Sum”). The Contract Sum shall be paid to Contracting Party in installment payments made on a monthly basis and in an amount identified in Contracting Party’s schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement. Initial Term: “Not to exceed” Year 1: $324,000.00 “Not to exceed” Year 2: $324,000.00 “Not to exceed” Year 3: $324,000.00 Possible Extended Term: “Not to exceed” Year 4: $324,000.00 “Not to exceed” Year 5: $324,000.00 207 208 Exhibit C Schedule of Performance Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, in accordance with the Project Schedule below Plan Review Time Frames Schedule of Performance (City Mandated Maximum Time Frames): Type of Job Maximum Turn Around Time First Plan Check Re-Check RESIDENTIAL New Construction 10 Working Days 5 Working Days Addition/Remodel (T.I.) 10 Working Days 5 Working Days NON-RESIDENTIAL New Construction 15 Working Days 10 Working Days Addition/Remodel (T.I.) 10 Working Days 5 Working Days 1) One Week = 5 working days 2) Two Week = 10 Working Days 3) Three Week = 15 Working Days 209 Exhibit D Special Requirements None 210 Exhibit E Insurance Requirements E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A-VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Must include the following endorsements: General Liability Additional Insured General Liability Primary and Non-contributory Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Personal Auto Declaration Page if applicable Errors and Omissions Liability $1,000,000 (per claim and aggregate) Workers’ Compensation (per statutory requirements) Must include the following endorsements: Workers Compensation Waiver of Subrogation Workers Compensation Declaration of Sole Proprietor if applicable Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party’s acts or omissions rising out of or related to Contracting Party’s performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder. Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or 211 damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contracting Party’s performance under this Agreement. If Contracting Party or Contracting Party’s employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such person. The term “automobile” includes, but is not limited to, a land motor vehicle, trailer or semi-trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contracting Party and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Contracting Party shall carry Workers’ Compensation Insurance in accordance with State Worker’s Compensation laws with employer’s liability limits no less than $1,000,000 per accident or disease. Contracting Party shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased. In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party’s obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. E.2 Remedies. In addition to any other remedies City may have if Contracting Party fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: 212 a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contracting Party to stop work under this Agreement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party demonstrates compliance with the requirements hereof. c. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party’s failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party’s or its subcontractors’ performance of work under this Agreement. E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party: 1. Contracting Party agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contra cting Party also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party’s employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 213 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contracting Party shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Contracting Party’s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City. 9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Contracting Party agrees not to self-insure or to use any self- insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contracting Party’s existing coverage includes a 214 deductible or self-insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 11. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contracting Party ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contracting Party, the City will negotiate additional compensation proportional to the increased benefit to City. 12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 13. Contracting Party acknowledges and agrees that any actual or alleged failure on the part of City to inform Contracting Party of non - compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 14. Contracting Party will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 16. The provisions of any workers’ compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents. 215 17. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 18. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 19. The requirements in this Exhibit supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 20. Contracting Party agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contracting Party for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 21. Contracting Party agrees to provide immediate notice to City of any claim or loss against Contracting Party arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 216 Exhibit F Indemnification F.1 Indemnity for the Benefit of City. a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected byreasonably satisfactory to the City), and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracti ng Party or of any subcontractor), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation with respect to any third party claims, to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party. b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contracting Party shall indemnify, defend (with counsel reasonably satisfactory to the selected by City), and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation with respect to any third party claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contracting Party or by any individual or entity for which Contracting Party is legally liable, including but not limited to officers, agents, employees, or subcontractors of Contracting Party. 217 c. Indemnity Provisions for Contracts Related to Construction (Limitation on Indemnity). Without affecting the rights of City under any provision of this agreement, Contracting Party shall not be required to indemnify and hold harmless City for liability attributable to the acti ve negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contracting Party will be for that entire portion or percentage of liability not attributable to the active negligence of City. d. Indemnification Provision for Design Professionals. 1. Applicability of this Section F.1(d). Notwithstanding Section F.1(a) hereinabove, the following indemnification provision shall apply to a Contracting Party who constitutes a “design professional” as the term is defined in paragraph 3 below. 2. Scope of Indemnification. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses, including, without limitation, incidental and consequential damages, court costs, reimbursement of attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party. 3. Design Professional Defined. As used in this Section F.1(d), the term “design professional” shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. 218 F.2 Obligation to Secure Indemnification Provisions . Contracting Party agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Exhibit F, as applicable to the Contracting Party, from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contracting Party in the performance of this Agreement. In the event Contracting Party fails to obtain such indemnity obligations from others as required herein, Contracting Party agrees to be fully responsible according to the terms of this Exhibit. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. The obligations to indemnify and defend City as set forth in this Agreement are binding on the successors, assigns or heirs of Contracting Party and shall survive the termination of this Agreement. 219 220 City of La Quinta CITY COUNCIL MEETING: August 7, 2018 STAFF REPORT AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH WILLDAN ENGINEERING, INC FOR CONTRACT TRAFFIC ENGINEER SERVICES RECOMMENDATION Approve Agreement for Contract Services with Willdan Engineering, Inc., in an amount not to exceed $220,000 per year for contract traffic engineer services; and authorize the City Manager to execute the agreement. EXECUTIVE SUMMARY •The City contracts for traffic engineer services to provide traffic operations, traffic signal system design, and development traffic review , which is expertise Staff does not possess. •Willdan Engineering, Inc. (Willdan) currently provides the City’s on-call traffic engineer services. •Willdan is best qualified to provide these services and was selected through the competitive Request for Proposals (RFP) process. FISCAL IMPACT There are funds available in the 2018/19 operating budget for contract traffic engineer services (101-7006-60144). BACKGROUND/ANALYSIS Willdan currently provides the City’s on-call traffic operations, traffic signal system design, and development traffic review. In June 2018, staff conducted a formal RFP process and received proposals from four qualified firms. The review panel selected Willdan as the most qualified firm to provide a contract traffic engineer. The City elects to contract for this service to access this expertise on an on-call basis. ALTERNATIVES Staff believes these services would be difficult to replicate with another firm and does not recommend an alternative. Prepared by: Julie Mignogna, Management Analyst Approved by: Bryan McKinney, PE, City Engineer Attachment: 1. Agreement for Contract Services with Willdan Engineering, Inc. CONSENT CALENDAR ITEM NO. 16 221 222 AGREEMENT FOR CONTRACT SERVICES THIS AGREEMENT FOR CONTRACT SERVICES (the “Agreement”) is made and entered into by and between the CITY OF LA QUINTA, (“City”), a California municipal corporation, and WILLDAN ENGINEERING, INC., a Corporation (“Contracting Party”). The parties hereto agree as follows: 1.SERVICES OF CONTRACTING PARTY. 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contracting Party shall provide those services related to Contract Traffic Engineer Services as specified in the “Scope of Services” attached hereto as “Exhibit A” and incorporated herein by this reference (the “Services”). Contracting Party represents and warrants that Contracting Party is a provider of first-class work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “industry standards” shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances. 1.2 Compliance with Law. All Services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of the City and any Federal, State, or local governmental agency of competent jurisdiction. 1.3 Wage and Hour Compliance, Contracting Party shall comply with applicable Federal, State, and local wage and hour laws. 1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Contracting Party shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement, including a City of La Quinta business license. Contracting Party and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required for the performance of the Services required by this Agreement. Contracting Party shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the Services required by this Agreement, and shall indemnify, defend (with counsel selected by City), and hold City, its elected officials, officers, employees, and agents, free and harmless against any such fees, ATTACHMENT 1 223 -2- assessments, taxes, penalties, or interest levied, assessed, or imposed against City hereunder. Contracting Party shall be responsible for all subcontractors’ compliance with this Section. 1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be performed, (b) it has investigated the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. Should Contracting Party discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by City, Contracting Party shall immediately inform City of such fact and shall not proceed except at Contracting Party’s risk until written instructions are received from the Contract Officer (as defined in Section 4.2 hereof). 1.6 Standard of Care. Contracting Party acknowledges and understands that the Services contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Contracting Party’s work will be held to an industry standard of quality and workmanship. Consistent with Section 1.5 hereinabove, Contracting Party represents to City that it holds the necessary skills and abilities to satisfy the industry standard of quality as set forth in this Agreement. Contracting Party shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the Services performed by Contracting Party, and the equipment, materials, papers, and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence. The performance of Services by Contracting Party shall not relieve Contracting Party from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to City, when such inaccuracies are due to the negligence of Contracting Party. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specified in the Scope of Services (“Additional Services”) only when directed to do so by the Contract Officer, provided that Contracting Party shall not be required to perform any Additional Services without compensation. Contracting Party shall not perform any Additional Services until receiving prior written authorization (in the form of a written change order if Contracting Party is a contractor performing the Services) from the Contract Officer, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the 224 -3- time to perform this Agreement, which said adjustments are subject to the written approval of Contracting Party. It is expressly understood by Contracting Party that the provisions of this Section shall not apply to the Services specifically set forth in the Scope of Services or reasonably contemplated therein. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforceable. Failure of Contracting Party to secure the Contract Officer’s written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time to perform this Agreement, whether by way of compensation, restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the Contract Officer. Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement. 1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in “Exhibit D” (the “Special Requirements”), which is incorporated herein by this reference and expressly made a part hereof. In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2. COMPENSATION. 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with “Exhibit B” (the “Schedule of Compensation”) in a total amount not to exceed Two Hundred Twenty Thousand Dollars ($220,000.00) per year for the life of the Agreement, encompassing the initial and any extended terms (the “Contract Sum”), except as provided in Section 1.7. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Contracting Party’s rate schedule, but not exceeding the Contract Sum, or such other reasonable methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contracting Party at all project meetings reasonably deemed necessary by City; Contracting Party shall not be entitled to any additional compensation for attending said meetings. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the method of compensation set forth in the Schedule of Compensation, Contracting Party’s overall compensation shall not exceed the Contract Sum, except as provided in Section 1.7 of this Agreement. 225 -4- 2.2 Method of Billing & Payment. Any month in which Contracting Party wishes to receive payment, Contracting Party shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City’s Finance Director, an invoice for Services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the Services provided, including time and materials, and (2) specify each staff member who has provided Services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Contracting Party specifying that the payment requested is for Services performed in accordance with the terms of this Agreement. Upon approval in writing by the Contract Officer and subject to retention pursuant to Section 8.3, City will pay Contracting Party for all items stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City’s Finance Department. 2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer pursuant to Section 1.7 of this Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer pursuant to Section 1.7 of this Agreement. 3. PERFORMANCE SCHEDULE. 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. If the Services not completed in accordance with the Schedule of Performance, as set forth in Section 3.2 and “Exhibit C”, it is understood that the City will suffer damage. 3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in “Exhibit C” (the “Schedule of Performance”). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable 226 -5- causes beyond the control and without the fault or negligence of Contracting Party, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in the Contract Officer’s judgment such delay is justified, and the Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on August 1, 2018 and terminate on June 30, 2021 (“Initial Term”). This Agreement may be extended for one additional two (2) year term upon mutual agreement by both parties (“Extended Term”). 4. COORDINATION OF WORK. 4.1 Representative of Contracting Party. The following principals of Contracting Party (“Principals”) are hereby designated as being the principals and representatives of Contracting Party authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith: (a) Vanessa Munoz, PE, TE, PTOE, Director of Engineering E-mail: vmunoz@willdan.com (b) E-mail: It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of Contracting Party and devoting sufficient time to personally supervise the Services hereunder. For purposes of this Agreement, the foregoing Principals may not be changed by Contracting Party and no other personnel may be assigned to perform the Services required hereunder without the express written approval of City. 227 -6- 4.2 Contract Officer. The “Contract Officer” shall be Bryan McKinney, PE, City Engineer, or such other person as may be designated in writing by the City Manager of City. It shall be Contracting Party’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City’s express written approval shall be null, void, and of no effect. No approved transfer shall release Contracting Party of any liability hereunder without the express consent of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contracting Party, its agents, or its employees, perform the Services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision, or control of Contracting Party’s employees, servants, representatives, or agents, or in fixing their number or hours of service. Contracting Party shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contracting Party in its business or otherwise or a joint venture or a member of any joint enterprise with Contracting Party. Contracting Party shall have no power to incur any debt, obligation, or liability on behalf of City. 228 -7- Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Except for the Contract Sum paid to Contracting Party as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contracting Party for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contracting Party for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contracting Party and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contracting Party agrees to pay all required taxes on amounts paid to Contracting Party under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contracting Party shall fully comply with the workers’ compensation laws regarding Contracting Party and Contracting Party’s employees. Contracting Party further agrees to indemnify and hold City harmless from any failure of Contracting Party to comply with applicable workers’ compensation laws. City shall have the right to offset against the amount of any payment due to Contracting Party under this Agreement any amount due to City from Contracting Party as a result of Contracting Party’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. 4.5 Identity of Persons Performing Work. Contracting Party represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all of the Services set forth herein. Contracting Party represents that the Services required herein will be performed by Contracting Party or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services. 4.6 City Cooperation. City shall provide Contracting Party with any plans, publications, reports, statistics, records, or other data or information pertinent to the Services to be performed hereunder which are reasonably available to Contracting Party only from or through action by City. 229 -8- 5. INSURANCE. 5.1 Insurance. Prior to the beginning of any Services under this Agreement and throughout the duration of the term of this Agreement, Contracting Party shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, policies of insurance as set forth in “Exhibit E” (the “Insurance Requirements”) which is incorporated herein by this reference and expressly made a part hereof. 5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance to Agency along with all required endorsements. Certificate of Insurance and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance. 6. INDEMNIFICATION. 6.1 Indemnification. To the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, agents, and volunteers as set forth in “Exhibit F” (“Indemnification”) which is incorporated herein by this reference and expressly made a part hereof. 7. RECORDS AND REPORTS. 7.1 Reports. Contracting Party shall periodically prepare and submit to the Contract Officer such reports concerning Contracting Party’s performance of the Services required by this Agreement as the Contract Officer shall require. Contracting Party hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contracting Party agrees that if Contracting Party becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contracting Party is providing design services, the cost of the project being designed, Contracting Party shall promptly notify the Contract Officer of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contracting Party is providing design services, the estimated increased or decreased cost estimate for the project being designed. 7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the 230 -9- Contract Officer to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contracting Party’s business, custody of the Books and Records may be given to City, and access shall be provided by Contracting Party’s successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement. 7.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium prepared or caused to be prepared by Contracting Party, its employees, subcontractors, and agents in the performance of this Agreement (the “Documents and Materials”) shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the expiration or termination of this Agreement, and Contracting Party shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contracting Party will be at City’s sole risk and without liability to Contracting Party, and Contracting Party’s guarantee and warranties shall not extend to such use, revise, or assignment. Contracting Party may retain copies of such Documents and Materials for its own use. Contracting Party shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contracting Party fails to secure such assignment, Contracting Party shall indemnify City for all damages resulting therefrom. 231 -10- 7.4 In the event City or any person, firm, or corporation authorized by City reuses said Documents and Materials without written verification or adaptation by Contracting Party for the specific purpose intended and causes to be made or makes any changes or alterations in said Documents and Materials, City hereby releases, discharges, and exonerates Contracting Party from liability resulting from said change. The provisions of this clause shall survive the termination or expiration of this Agreement and shall thereafter remain in full force and effect. 7.5 Licensing of Intellectual Property. This Agreement creates a non- exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contracting Party shall require all subcontractors, if any, to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contracting Party represents and warrants that Contracting Party has the legal right to license any and all of the Documents and Materials. Contracting Party makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contracting Party or provided to Contracting Party by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. 7.6 Release of Documents. The Documents and Materials shall not be released publicly without the prior written approval of the Contract Officer or as required by law. Contracting Party shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.7 Confidential or Personal Identifying Information. Contracting Party covenants that all City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussion notes, or other information, if any, developed or received by Contracting Party or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contracting Party to any person or entity without prior written authorization by City or unless required by law. City shall grant authorization for disclosure if required by any lawful administrative or legal proceeding, court order, or similar directive with the force of law. All City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussions, or other information shall be returned to City upon the termination or expiration of this Agreement. Contracting Party’s covenant 232 -11- under this section shall survive the termination or expiration of this Agreement. 8. ENFORCEMENT OF AGREEMENT. 8.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contracting Party covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party’s right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to this Article 8.0. During the period of time that Contracting Party is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default. 8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contracting Party in the performance of the Services required by this Agreement. 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. City’s consent or approval of any act by Contracting Party requiring City’s consent or approval shall not be deemed to waive or render unnecessary City’s consent to or approval of any subsequent 233 -12- act of Contracting Party. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Termination Prior To Expiration Of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except amounts held as a retention pursuant to this Agreement. 8.8 Termination for Default of Contracting Party. If termination is due to the failure of Contracting Party to fulfill its obligations under this Agreement, Contracting Party shall vacate any City-owned property which Contracting Party is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.2, take over the Services and prosecute the same to completion by contract or otherwise, and Contracting Party shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Contracting Party for the purpose of setoff or partial payment of the amounts owed City. 8.9 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or 234 -13- proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing party in the conduct of the litigation. Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose. 9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 9.1 Non-liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contracting Party, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Contracting Party or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contracting Party’s performance of the Services under this Agreement. Contracting Party further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the Contract Officer. Contracting Party agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. Contracting Party warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 9.3 Covenant against Discrimination. Contracting Party covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming 235 -14- under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry in the performance of this Agreement. Contracting Party shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. 10. MISCELLANEOUS PROVISIONS. 10.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section. To City: CITY OF LA QUINTA Attention: James “JW” Wiatrak, CBO, CASp, Building Official 78-495 Calle Tampico La Quinta, California 92253 To Contracting Party: WILLDAN ENGINEERING, INC. Vanessa Munoz, PE, TE, PTOE Director of Engineering 650 Hospitality Lane, Suite 250 San Bernardino, CA 92408 10.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 10.3 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument 10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, 236 -15- and understandings, if any, between the parties, and none shall be used to interpret this Agreement. 10.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contracting Party and by the City Council of City. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 10.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 10.8 Unfair Business Practices Claims. In entering into this Agreement, Contracting Party offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contracting Party without further acknowledgment of the parties. 10.9 No Third Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 10.10 Authority. The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] 237 -16- IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, a California Municipal Corporation FRANK J. SPEVACEK, City Manager City of La Quinta, California Dated: CONTRACTING PARTY: By: Name: Title: ATTEST: MONIKA RADEVA, Acting City Clerk La Quinta, California By: Name: Title: APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 238 Exhibit A Page 1 of 5 Last revised summer 2017 Exhibit A Scope of Services The Scope of Services shall be in accordance with the attached Scope of Services. 239 Exhibit A Page 2 of 5 240 Exhibit A Page 3 of 5 241 Exhibit A Page 4 of 5 242 Exhibit A Page 5 of 5 243 Exhibit B Page 1 of 4 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is Two Hundred Twenty Thousand Dollars ($220,000.00) per year for the life of the Agreement, encompassing the initial and any extended terms (“Contract Sum”). The Contract Sum shall be paid to Contracting Party in installment payments made on a monthly basis and in an amount identified in Contracting Party’s schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement. Initial Term: “Not to exceed” Year 1: $220,000.00 “Not to exceed” Year 2: $220,000.00 “Not to exceed” Year 3: $220,000.00 Possible Extended Term: “Not to exceed” Year 4: $220,000.00 “Not to exceed” Year 5: $220,000.00 244 Error! Unknown document property name./Error! Unknown document property name.-Error! Unknown document property name. Error! Unknown document property name..Error! Unknown document property name. a07/30/18 -2- 245 Error! Unknown document property name./Error! Unknown document property name.-Error! Unknown document property name. Error! Unknown document property name..Error! Unknown document property name. a07/30/18 -3- 246 Error! Unknown document property name./Error! Unknown document property name.-Error! Unknown document property name. Error! Unknown document property name..Error! Unknown document property name. a07/30/18 -4- 247 Exhibit C Page 1 of 1 Exhibit C Schedule of Performance Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, in accordance with the Project Schedule below Plan Review Time Frames Schedule of Performance (City Mandated Maximum Time Frames): Maximum Turn Around Time First Plan Check Re-Check 5 Working Days 3 Working Days 1) One Week = 5 working days 2) Two Week = 10 Working Days 3) Three Week = 15 Working Days 248 Exhibit D Page 1 of 1 Exhibit D Special Requirements None 249 Exhibit E Page 1 of 6 Exhibit E Insurance Requirements E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A-VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Must include the following endorsements: General Liability Additional Insured General Liability Primary and Non-contributory Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Personal Auto Declaration Page if applicable Errors and Omissions Liability $1,000,000 (per claim and aggregate) Workers’ Compensation (per statutory requirements) Must include the following endorsements: Workers Compensation Waiver of Subrogation Workers Compensation Declaration of Sole Proprietor if applicable Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party’s acts or omissions rising out of or related to Contracting Party’s performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder. Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or 250 Exhibit E Page 2 of 6 damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contracting Party’s performance under this Agreement. If Contracting Party or Contracting Party’s employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such person. The term “automobile” includes, but is not limited to, a land motor vehicle, trailer or semi-trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contracting Party and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Contracting Party shall carry Workers’ Compensation Insurance in accordance with State Worker’s Compensation laws with employer’s liability limits no less than $1,000,000 per accident or disease. Contracting Party shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased. In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party’s obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. E.2 Remedies. In addition to any other remedies City may have if Contracting Party fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: 251 Exhibit E Page 3 of 6 a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contracting Party to stop work under this Agreement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party demonstrates compliance with the requirements hereof. c. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party’s failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party’s or its subcontractors’ performance of work under this Agreement. E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party: 1. Contracting Party agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party’s employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 252 Exhibit E Page 4 of 6 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contracting Party shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Contracting Party’s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City. 9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Contracting Party agrees not to self-insure or to use any self- insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contracting Party’s existing coverage includes a 253 Exhibit E Page 5 of 6 deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 11. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contracting Party ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contracting Party, the City will negotiate additional compensation proportional to the increased benefit to City. 12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 13. Contracting Party acknowledges and agrees that any actual or alleged failure on the part of City to inform Contracting Party of non- compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 14. Contracting Party will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether or not the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party’s insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 16. The provisions of any workers’ compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents. 254 Exhibit E Page 6 of 6 17. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive. 18. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 19. The requirements in this Exhibit supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 20. Contracting Party agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contracting Party for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 21. Contracting Party agrees to provide immediate notice to City of any claim or loss against Contracting Party arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 255 Exhibit F Page 1 of 3 Exhibit F Indemnification F.1 Indemnity for the Benefit of City. a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel approved selected by City), and hold harmless City and any and all of its officials, and employees, and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party. b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contracting Party shall indemnify, defend (with counsel approved selected by City), and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contracting Party or by any individual or entity for which Contracting Party is legally liable, including but not limited to officers, agents, employees, or subcontractors of Contracting Party. c. Indemnity Provisions for Contracts Related to Construction (Limitation on Indemnity). Without affecting the rights of City under any 256 Exhibit F Page 2 of 3 provision of this agreement, Contracting Party shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contracting Party will be for that entire portion or percentage of liability not attributable to the active negligence of City. d. Indemnification Provision for Design Professionals. 1. Applicability of this Section F.1(d). Notwithstanding Section F.1(a) hereinabove, the following indemnification provision shall apply to a Contracting Party who constitutes a “design professional” as the term is defined in paragraph 3 below. 2. Scope of Indemnification. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify and hold harmless City and any and all of its officials, and employees, and agents (“Indemnified Parties”) from and against any and all losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses, including, without limitation, incidental and consequential damages, court costs, reimbursement of attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party. 3. Design Professional Defined. As used in this Section F.1(d), the term “design professional” shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees to obtain executed indemnity agreements with 257 Exhibit F Page 3 of 3 provisions identical to those set forth herein this Exhibit F, as applicable to the Contracting Party, from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contracting Party in the performance of this Agreement. In the event Contracting Party fails to obtain such indemnity obligations from others as required herein, Contracting Party agrees to be fully responsible according to the terms of this Exhibit. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligations to indemnify and defend City as set forth in this Agreement are binding on the successors, assigns or heirs of Contracting Party and shall survive the termination of this Agreement. 258 City of La Quinta CITY COUNCIL MEETING: August 7, 2018 STAFF REPORT AGENDA TITLE: APPROVE AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH HENSON CONSULTING GROUP FOR LEADERSHIP DEVELOPMENT AND TRAINING PROGRAMS RECOMMENDATION Approve Amendment No. 2 to Professional Services Agreement with Henson Consulting Group for Leadership Development and Training Programs in the amount of $80,000; and authorize the City Manager to execute the amendment. EXECUTIVE SUMMARY •The City continues to invest in initiatives and training to create and maintain a high-performance organization and enhance service delivery. •On July 18, 2017, the City entered into a Professional Services Agreement (Agreement) with Henson Consulting Group (Henson) for Leadership Development and Training Programming. •This extension would implement a work program that would take the City to its next performance level. FISCAL IMPACT There are sufficient funds in the 2018/19 budget for Professional Services (101- 1004-60103) to accommodate this amendment. BACKGROUND/ANALYSIS The City entered into an Agreement with Henson in 2017 with a one-year initial term and the ability to extend the Agreement up to four additional year(s). Since then the Agreement has been amended to extend the scope of services to include the Facilities Assessment. This fiscal year Henson is proposing to take the City to the next level of performance by providing additional training. Projects will include the following: •Support the 2018 LQ Academy •Deliver LQ Academy 2.0 •Implementation of Facilities Assessment Recommendations •Decision Band Method training •Skills and workload analysis •Review and refinement of job classifications •Leadership Circle (360 evaluations) CONSENT CALENDAR ITEM NO. 17 259 •Performance Evaluation expectations/milestones training and review •Manager/Supervisor training •PAT Training •Passion & Purpose follow up •Business Process Review. Henson will continue to develop professional skills and expertise within the City. ALTERNATIVES Council may elect not to approve the amendment at this time. Prepared by: Angela Scott, Human Resources Manager Approved by: Chris Escobedo, Community Resources Director Attachment: 1. Amendment No. 2 to Henson Consulting Group 260 Rev. 7/28/2017 AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH HENSON CONSULTING GROUP This Amendment No. 2 to Professional Services Agreement (Amendment No. 2) is made and entered into as of the ____ day of August 2018 ("Effective Date") by and between the CITY OF LA QUINTA ("City"), a California municipal corporation and HENSON CONSULTANT GROUP (Consultant). RECITALS WHEREAS, on or about July 18, 2017, the City entered into an Agreement with Consultant to provide Employee Leadership Development and Training Programs. The term of the Agreement expired on June 30, 2018; and WHEREAS, on or about September 20, 2017, the City approved Amendment No. 1 to amend the Scope of Service to include a Facilities Assessment in the amount of $48,720; increasing the total Contract sum to $98,495. WHEREAS, the City wishes to amend the Scope of Service by adding additional development and trainings to take the City to the next level of performance; and WHEREAS, these additional services will be provided for a total compensation amount not to exceed $80,000; increasing the total Contract Sum to $178,495; and WHEREAS, the term of Agreement will be extended to June 30, 2019; and NOW THEREFORE, in consideration of the mutual covenant herein contained, the parties agree as follows: AMENDMENT In consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties hereto agree as follows: 1.Section 1.1 – Scope of Services is amended as follows: 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide those services related to Leadership Development and Training Programs for Fiscal Year 2018/19, as specified in 261 Rev. 7/28/2017 the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference (the “Services”). Consultant represents and warrants that Consultant is a provider of first-class services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant covenants that it shall follow the highest professional standards in performing the Services required hereunder. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances. 2. Section 2.1 Contract Sum is amended to read as follows: 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit “B” (the “Schedule of Compensation”) in a total amount not to exceed One Hundred Seventy-Eight Thousand Four Hundred Ninety-Five Dollars ($178,495.00) (the “Contract Sum”), except as provided in Section 1.6. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Consultant's rate schedule, but not exceeding the Contract Sum, or such other methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by City; Consultant shall not be entitled to any additional compensation for attending said meetings. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the method of compensation set forth in the Schedule of Compensation, Consultant’s overall compensation shall not exceed the Contract Sum, except as provided in Section 1.6 of this Agreement. 3. Section 3.4 Term is amended to read as follows: 3.4 Term. Unless earlier terminated in accordance with Sections 8.8 or 8.9 of this Agreement, the term of this agreement shall commence on July 1,2018 and terminate on June 30, 2019 (“Extended Term”). This Agreement may be extended for three additional year(s) upon mutual agreement by both parties (“Extended Term”). 4. Exhibit A – Scope of Services is amended as attached. 5. Exhibit B – Schedule of Compensation is amended as attached. In all other respects, the original Agreement shall remain in effect. 262 Rev. 7/28/2017 IN WITNESS WHEREOF, the City and Consultant have executed this Amendment No. 2 to the Agreement on the respective dates set forth below. CITY OF LA QUINTA a California municipal corporation Dated: Frank J. Spevacek, City Manager City of La Quinta, California ATTEST: Monika Radeva, Acting City Clerk City of La Quinta, California APPROVED AS TO FORM: William H. Ihrke, City Attorney City of La Quinta, California CONSULTANT: HENSON CONSULTING GROUP Name: Title: Date: 263 264 Rev. 7/28/2017 Exhibit A Scope of Services The City of La Quinta is poised to take the organization to the next level of performance. There is an unparalleled level of excitement at City Hall that must be nurtured and developed to the next level of organizational excellence and performance. New leaders are emerging and must be supported with enhanced skill development and mentoring to maintain and continue this momentum. With the full class and compensation system being approved, La Quinta now must look at putting additional training and fundamentals in place for the new high-performance organization. The overall types of services needed are listed below. Projects will be defined each quarter and resources allocated and prioritized according to the need. • Decision Band Method training (band, grade, and subgrade) • Skills and workload analysis • Review and refinement of job classifications, • Leadership Circle (360 evaluations) • Performance evaluation expectations/milestones training & review • Manager/Supervision training • PAT training (how to/ when to use) • Passion & Purpose follow up • Business process review Following is a list of known projects; either currently underway or known to be needed in FY18-19. Additional projects will be defined each quarter and resources allocated and prioritized according to the need. Currently Defined Projects 1.0 Leadership Development & Training Programs 1.1 Support 2018 La Quinta Academy. Facilitate three LQA modules and coaching to facilitators of other modules. 1.2 Deliver LQA 2.0. FY18-19 will only include the delivery of ten La Quinta Academy (LQA) 2.0 modules as the detailed design will be completed under the Henson Consulting FY17-18 Contract. 1.3 Develop High Potential Leaders. After La Quinta Academy 2.0, participants will be invited to further develop their leadership capabilities through the Leadership Circle Assessment (360-degree instrument), action planning and 1-1 development coaching. 265 Rev. 7/28/2017 2.0 Implementation of Facilities Assessment Recommendations 2.1 Facilitate standing progress meetings. This will occur twice per month with the PAT for the implementation of department changes (aka Transition Period). From July 2018 thru September 2018, the PAT will be focused on the creation and hiring of new positions, writing new specifications and standards for the City maintenance contracts, and developing a messaging strategy to inform City staff and the community about the department changes. Henson Consulting will facilitate the scheduled meetings to keep all projects on task, report progress and issues, and provide additional considerations from a third-party perspective. 2.2 Develop and deliver new team building programs. The changes in the department organization will create a new streets/traffic division, a new parks/landscape division, and an expanded buildings division. From October 2018 thru June 2019, Henson Consulting Group will develop and deliver new programs for each division that focus on team building for each unique situation. In the case of the streets/traffic division, the City will be bringing together two similar disciplines that have worked independently of each other. Without a program to change their perceptions, they will continue to operate as separate entities (streets and traffic) within the division. The new parks/landscape division will have an easier time meshing into a cohesive team, but a program will be developed to that focuses on new responsibilities and pride of ownership. Finally, the expanded buildings division will need a program that changes the way tasks and projects are assigned and completed. More focus needs to be given to scheduled preventive maintenance while better decisions need to be made as to what should be done in- house and what work should be out-sourced. It is envisioned that the manager or superintendent of each division will also receive 1-1 coaching support as their divisions are stood up. 2.3 Better tracking and data collection. Based on the Facilities Department Assessment, there are opportunities to improve the facilities processes for data collecting and reporting performance. The department management team will work with Henson Consulting to further explore areas of improvement and how to best implement needed changes for record keeping. It is envisioned that managing the department performance based on data may require additional administrative support and/or an analyst position. 3.0 Facilitation of Events 3.1 Annual Community Workshop. Working with the City Manager and Executive Team, plan and conduct the annual community workshop in January 2019. 266 Rev. 7/28/2017 Exhibit B Schedule of Compensation HCG Consultant rates are $175 per hour and administrative rates are $70 per hour. We do not charge for travel for clients in Southern California. Invoices will be submitted monthly with a detailed report. Cynthia Henson will be the lead consultant on this project; Dana Smith and Ken Lee will be used, as needed. Jenny Sudo will be the administrative support on this engagement. Classification Professional Staff Hourly Rate Consultant Cynthia L. Henson $175.00 Consultant Dana M. Smith $175.00 Consultant Ken Lee $175.00 Administrative Jenny S. Sudo $ 70.00 This engagement will be a not-exceed amount of $80,000 with detailed reporting on the monthly invoice. Period of Performance: July 1, 2018 through June 30, 2019. 267 268 City of La Quinta CITY COUNCIL MEETING: August 7, 2018 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION TO APPROVE A POLICY ESTABLISHING THE PROCEDURES AND CRITERIA FOR INDIGENT STATUS DETERMINATION AS IT PERTAINS TO PERSONS SEEKING PAYMENT PLAN OPTION FOR PARKING VIOLATIONS, PURSUANT TO ASSEMBLY BILL 503 (LAKEY) RECOMMENDATION Adopt a resolution to approve a policy establishing the procedures and criteria for indigent status determination as it pertains to persons seeking payment plan option for parking violations upon satisfactory proof of inability to pay the amount due, pursuant to Assembly Bill 503 (Lakey). EXECUTIVE SUMMARY State Assembly Bill No. 503, signed by Governor Brown requires public agencies to adopt a written procedure to determine if a person is indigent when requesting a payment plan for parking citations. A person may submit to the City or its designee an application to determine if he/she is indigent. If determined to be indigent, he/she will be provided a payment option as set forth in Vehicle Code Section 40220. Adoption of this resolution would achieve compliance with State law and allow people of indigent status to have a payment plan for parking violations. FISCAL IMPACT The cost to comply with this state law and administer payment plans is estimated to be $500 for the current fiscal year. This cost will be charged to Administrative Citation Services (101-6004-60111). BACKGROUND/ANALYSIS On October 13, 2017, The State of California passed, and Governor Brown signed into law a requirement that public agencies have a written policy to determine if a person is indigent. This policy establishes procedures and criteria for indigent status determination as it pertains to a person seeking a payment plan option for parking violation amounts due. If a person alleges to be indigent, he/she shall submit to the City or its designee, a completed CONSENT CALENDAR ITEM NO. 18 269 application for a payment plan option for parking citation amounts due. Also, a completed Affidavit of Financial Worth and a completed IRS Authorization to Release the most recent income tax return (IRS Form 4506-T Request for Transcript of Tax Return) (Attachment 1). ALTERNATIVES As this is a new state requirement, Staff does not have an alternative. Prepared by: Kevin Meredith, Animal Control/Code Compliance Supervisor Approved by: Chris Escobedo, Community Resources Director Attachment: 1. IRS Form 4506-T Request for Transcript of Tax Return 270 RESOLUTION NO. 2018 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING A POLICY ESTABLISHING THE PROCEDURES AND CRITERIA FOR INDIGENT STATUS DETERMINATION AS IT PERTAINS TO PERSONS SEEKING PAYMENT PLAN OPTION FOR PARKING VIOLATIONS, PURSUANT TO ASSEMBLY BILL 503 (LAKEY) WHEREAS, pursuant to Assembly Bill No. 503 (Lakey), approved by Governor Brown on October 13, 2017, public agencies shall adopt a written procedure to allow a person who is indigent to request a payment plan for parking citation amount due upon satisfactory proof of an inability to pay the amount due; and WHEREAS, this policy sets forth the procedures and criteria for the City of La Quinta (“City”) or its designee to make a determination on the indigent status of persons seeking payment plan option for parking violations; and WHEREAS, a person may allege to be indigent and request payment plan option for parking citation amount due, due to inability to pay; and WHEREAS, a person may request an administrative hearing without advance payment of parking citation amount due if he/she has been determined to be indigent; and WHEREAS, each person shall submit to the City or its designee an application requesting that a determination be made as to his/her indigent status, an affidavit of financial worth, and a release form authorizing the City or its designee to obtain his/her most recent income tax return. WHEREAS, the City will post this policy on the City’s website. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. That the City Council adopts this policy establishing procedures and criteria for indigent status determination as it pertains to persons seeking payment plan option for parking violations, pursuant to Assembly Bill No. 503 (Lakey). 271 Resolution No. 2018- Policy Establishing Parking Citations Payment Plan Option & Determination of Indigent Status Adopted: August 7, 2018 Page 2 of 3 SECTION 2. That a person may allege that he/she is indigent and seek a payment plan option due to inability to pay the parking citation amount due. SECTION 3. That if a person alleges to be indigent, he/she shall submit to the City or its designee: 1)Completed Application for Payment Plan Option of Parking Citation (“Exhibit A”) 2)Completed Affidavit of Financial Worth (“Exhibit B”) 3)Completed IRS Authorization to Release most recent income tax return (IRS Form 4506-T Request for Transcript of Tax Return) SECTION 4. That the City or its designee shall determine eligibility based on the guidelines established by the California State Government Code Section 68632, and such determination shall be made as soon as possible. SECTION 5. That if the City or its designee determines a person not be indigent, he/she shall be notified in writing. SECTION 6. This Resolution shall become effective upon adoption and this policy shall go into effect immediately. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 7th day of August, 2018, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________ LINDA EVANS, Mayor City of La Quinta, California 272 Resolution No. 2018- Policy Establishing Parking Citations Payment Plan Option & Determination of Indigent Status Adopted: August 7, 2018 Page 3 of 3 ATTEST: ____________________________ MONIKA RADEVA, Acting City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: _____________________________ WILLIAM H. IHRKE, City Attorney City of La Quinta, California 273 274 CITY OF LA QUINTA Code Compliance 78-495 Calle Tampico, La Quinta, CA 92253 Phone: 760-777-7050 APPLICATION FOR PAYMENT PLAN OPTION OF PARKING CITATION Name: ___________________________ Phone #: ___________________________ Email: ________________________________ Address: __________________________ City: ___________________________ State: _______________ Zip: _______________ Citation(s) #: _______________________________ License Plate: _______________________ DL #: _______________________ AB 503 - UNPAID PARKING CITATION PAYMENT PLAN As set forth in CVC 40220, effective July 1, 2018, the City of La Quinta will allow Payment Plan options for Registered Owner(s)/Lessee(s) with unpaid parking ticket(s) who can provide proof of indigency. Please indicate the documentation you have attached to this application: (A) Proof of income. Please provide your three (3) most recent pay stubs. A. 1. My monthly income amount is: A. 2. Number of people residing in the household: (B) Must provide Verification of Benefits Form for Public Assistance or Award Letter for Social Security. Please check applicable boxes: [ ] Employment [ ] Supplemental Security Income (SSI) [ ] In-home Supportive Services (IHSS) [ ] Medi-Cal [ ] Food Stamps [ ] California Work Opportunity (Cal Works) [ ] General Relief (GR), County Relief or [ ] Other General Assistance (GA) (C) If the Registered Owner(s)/Lessee(s) does not have income or receives public assistance, a copy of annual earnings from the Social Security Department is required. I certify that all statements are true and correct. Any false or incomple te information may forfeit my rights to a Payment Plan. Signature: ____________________________________________________ Date: ________________________________________ Please return this form along with your supporting documents to: City of La Quinta Code Compliance 78-495 Calle Tampico La Quinta, CA 92253 Department Use Only Payment Plan: [ ] Indigent Approval: [ ] Granted [ ] Denied Signature: Date: Resolution No. 2018-XXX, EXHIBIT A 275 276 AFFIDAVIT OF FINANCIAL WORTH IN SUPPORT OF APPLICATION FOR INDIGENT PAYMENT PLAN NOTICE TO APPLICANT City staff or designee will review and make a final determination of your eligibility as an indigent as soon as possible after submittal of this form. If it is determined that you are not indigent, you will be notified of this finding. Within three days of notification, excluding Saturdays, Sundays, and state holidays, you must either withdraw your statement or pay the parking citation amount due. PLEASE PRINT LEGIBLY I,state that I am unable to pay the parking citation due in the amount of $ , citation number: I further swear or affirm that the responses which I have made to the questions and instructions below relating to my ability to pay said cost are true. PERSONAL INFORMATION NAME: HOME PHONE SOCIAL SECURITY # STREET ADDRESS WORK PHONE VETERANS ADMIN. # CITY STATE ZIP MESSAGE WELFARE # TOTAL DEPENDENTS: ATTACH ADDITIONAL SHEET IF NEEDED OCCUPATION: NAME AGE EMPLOYER ADDRESS STREET ADDRESS NAME AGE CITY STATE ZIP ADDRESS LENGTH OF EMPLOYMENT (If under 10 years, attach additional employment history) NAME AGE MONTHLY GROSS INCOME: (Please attach copy of most recent pay stub) ADDRESS TOTAL MONTHLY INCOME OF DEPENDENTS (Excluding spouse): SPOUSAL INFORMATION NAME SOCIAL SECURITY # HOME PHONE STREET ADDRESS (If different) WORK PHONE MESSAGE CITY STATE ZIP MONTHLY GROSS INCOME: OCCUPATION: EMPLOYER STREET ADDRESS CITY STATE ZIP Resolution No. 2018-XXX, EXHIBIT B 181277 OTHER MONTHLY INCOME a. Unemployment & Disability $ g. Income Property $ b. Social Security $ h. Personal Loans $ c.Welfare, AFDC $ I. Employment Bonus $ d. Veteran’s Benefits $ J. Other (Specify) e. Spousal Support Payments $ f. Child Support Payments $ ** ** If you are receiving any child support from any other person, complete the following: NAME OF PERSON PAYING SUPPORT AMOUNT OF SUPPORT RECEIVED: INDICATE WHETHER SUCH SUPPORT IS RECEIVED: DIRECT THROUGH A PROBATION DEPARTMENT FROM A COURT MONTHLY EXPENSES a. Rent or House Payment (Circle One) $g. Food $ b. Car Payments $ h. Utilities $ c. Medical & Dental Payments $ I. Clothing $ d. Loan Payments $ J. Transportation $ e. Support Payments $ K. Other expenses (Please Specify) $ f. Insurance $ INSTALLMENT PAYMENTS, OTHER THAN LISTED ABOVE NAME OF CREDITOR (Attach sheet for additional creditors.) MONTHLY PAYMENT BALANCED OWED a. $ $ b. $ $ c. $ $ ASSETS WHAT DO YOU OWN? (Attach additional sheet if necessary) VALUE a. Cash $ b. House Equity $ c. Cars, Other Vehicles & Boat Equity (List make, year & license number of each)$ d. Checking, Savings & Credit Union Accounts (Lists names of each)$ e. Other Real Estate Equity $ f. Income Tax Refunds Due $ g. Other Personal Property (jewelry, furniture, furs, stocks & bonds, etc.)$ h. Other assets (IRA’s stock/bonds, trust, etc.)$ TOTAL $ I declare under penalty of perjury that this statement (including any accompanying schedules and statements) has been examined by me and to the best of my knowledge and belief is true, correct and complete. DATE: (SIGNATURE) REMARKS: 182278 Form 4506-T (July 2017) Department of the Treasury Internal Revenue Service Request for Transcript of Tax Return a Do not sign this form unless all applicable lines have been completed. a Request may be rejected if the form is incomplete or illegible. a For more information about Form 4506-T, visit www.irs.gov/form4506t. OMB No. 1545-1872 Tip. Use Form 4506-T to order a transcript or other return information free of charge. See the product list below. You can quickly request transcripts by using our automated self-help service tools. Please visit us at IRS.gov and click on “Get a Tax Transcript...” under “Tools” or call 1-800-908-9946. If you need a copy of your return, use Form 4506, Request for Copy of Tax Return. There is a fee to get a copy of your return. 1a Name shown on tax return. If a joint return, enter the name shown first. 1b First social security number on tax return, individual taxpayer identification number, or employer identification number (see instructions) 2a If a joint return, enter spouse’s name shown on tax return. 2b Second social security number or individual taxpayer identification number if joint tax return 3 Current name, address (including apt., room, or suite no.), city, state, and ZIP code (see instructions) 4 Previous address shown on the last return filed if different from line 3 (see instructions) 5 If the transcript or tax information is to be mailed to a third party (such as a mortgage company), enter the third party’s name, address, and telephone number. Caution: If the tax transcript is being mailed to a third party, ensure that you have filled in lines 6 through 9 before signing. Sign and date the form once you have filled in these lines. Completing these steps helps to protect your privacy. Once the IRS discloses your tax transcript to the third party listed on line 5, the IRS has no control over what the third party does with the information. If you would like to limit the third party’s authority to disclose your transcript information, you can specify this limitation in your written agreement with the third party. 6 Transcript requested. Enter the tax form number here (1040, 1065, 1120, etc.) and check the appropriate box below. Enter only one tax form number per request. a a Return Transcript, which includes most of the line items of a tax return as filed with the IRS. A tax return transcript does not reflect changes made to the account after the return is processed. Transcripts are only available for the following returns: Form 1040 series, Form 1065, Form 1120, Form 1120-A, Form 1120-H, Form 1120-L, and Form 1120S. Return transcripts are available for the current year and returns processed during the prior 3 processing years. Most requests will be processed within 10 business days ...... b Account Transcript, which contains information on the financial status of the account, such as payments made on the account, penalty assessments, and adjustments made by you or the IRS after the return was filed. Return information is limited to items such as tax liability and estimated tax payments. Account transcripts are available for most returns. Most requests will be processed within 10 business days . c Record of Account, which provides the most detailed information as it is a combination of the Return Transcript and the Account Transcript. Available for current year and 3 prior tax years. Most requests will be processed within 10 business days ...... 7 Verification of Nonfiling, which is proof from the IRS that you did not file a return for the year. Current year requests are only available after June 15th. There are no availability restrictions on prior year requests. Most requests will be processed within 10 business days . . 8 Form W-2, Form 1099 series, Form 1098 series, or Form 5498 series transcript. The IRS can provide a transcript that includes data from these information returns. State or local information is not included with the Form W-2 information. The IRS may be able to provide this transcript information for up to 10 years. Information for the current year is generally not available until the year after it is filed with the IRS. For example, W-2 information for 2011, filed in 2012, will likely not be available from the IRS until 2013. If you need W-2 information for retirement purposes, you should contact the Social Security Administration at 1-800-772-1213. Most requests will be processed within 10 business days . Caution: If you need a copy of Form W-2 or Form 1099, you should first contact the payer. To get a copy of the Form W-2 or Form 1099 filed with your return, you must use Form 4506 and request a copy of your return, which includes all attachments. 9 Year or period requested. Enter the ending date of the year or period, using the mm/dd/yyyy format. If you are requesting more than four years or periods, you must attach another Form 4506-T. For requests relating to quarterly tax returns, such as Form 941, you must enter each quarter or tax period separately. Caution: Do not sign this form unless all applicable lines have been completed. Signature of taxpayer(s). I declare that I am either the taxpayer whose name is shown on line 1a or 2a, or a person authorized to obtain the tax information requested. If the request applies to a joint return, at least one spouse must sign. If signed by a corporate officer, 1 percent or more shareholder, partner, managing member, guardian, tax matters partner, executor, receiver, administrator, trustee, or party other than the taxpayer, I certify that I have the authority to execute Form 4506-T on behalf of the taxpayer. Note: This form must be received by IRS within 120 days of the signature date. Signatory attests that he/she has read the attestation clause and upon so reading declares that he/she has the authority to sign the Form 4506-T. See instructions. Phone number of taxpayer on line 1a or 2a Sign Here FSignature (see instructions) Date FTitle (if line 1a above is a corporation, partnership, estate, or trust) FSpouse’s signature Date For Privacy Act and Paperwork Reduction Act Notice, see page 2. Cat. No. 37667N Form 4506-T (Rev. 7-2017) / / / / / / / / ATTACHMENT 1 183279 Form 4506-T (Rev. 7-2017) Page 2 Section references are to the Internal Revenue Code unless otherwise noted. Future Developments For the latest information about Form 4506-T and its instructions, go to www.irs.gov/form4506t. Information about any recent developments affecting Form 4506-T (such as legislation enacted after we released it) will be posted on that page. General Instructions Caution: Do not sign this form unless all applicable lines have been completed. Purpose of form. Use Form 4506-T to request tax return information. You can also designate (on line 5) a third party to receive the information. Taxpayers using a tax year beginning in one calendar year and ending in the following year (fiscal tax year) must file Form 4506-T to request a return transcript. Note: If you are unsure of which type of transcript you need, request the Record of Account, as it provides the most detailed information. Tip. Use Form 4506, Request for Copy of Tax Return, to request copies of tax returns. Automated transcript request. You can quickly request transcripts by using our automated self-help service tools. Please visit us at IRS.gov and click on “Get a Tax Transcript...” under “Tools” or call 1-800-908-9946. Where to file. Mail or fax Form 4506-T to the address below for the state you lived in, or the state your business was in, when that return was filed. There are two address charts: one for individual transcripts (Form 1040 series and Form W-2) and one for all other transcripts. If you are requesting more than one transcript or other product and the chart below shows two different addresses, send your request to the address based on the address of your most recent return. Chart for individual transcripts (Form 1040 series and Form W-2 and Form 1099) If you filed an individual return and lived in: Mail or fax to: Alabama, Kentucky, Louisiana, Mississippi, Tennessee, Texas, a foreign country, American Samoa, Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, the U.S. Virgin Islands, or A.P.O. or F.P.O. address Internal Revenue Service RAIVS Team Stop 6716 AUSC Austin, TX 73301 855-587-9604 Alaska, Arizona, Arkansas, California, Colorado, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington, Wisconsin, Wyoming Internal Revenue Service RAIVS Team Stop 37106 Fresno, CA 93888 855-800-8105 Connecticut, Delaware, District of Columbia, Florida, Georgia, Maine, Maryland, Massachusetts, Missouri, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Vermont, Virginia, West Virginia Internal Revenue Service RAIVS Team Stop 6705 P-6 Kansas City, MO 64999 855-821-0094 Chart for all other transcripts If you lived in or your business was in: Mail or fax to: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Florida, Hawaii, Idaho, Iowa, Kansas, Louisiana, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, Wyoming, a foreign country, American Samoa, Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, the U.S. Virgin Islands, or A.P.O. or F.P.O. address Internal Revenue Service RAIVS Team P.O. Box 9941 Mail Stop 6734 Ogden, UT 84409 855-298-1145 Connecticut, Delaware, District of Columbia, Georgia, Illinois, Indiana, Kentucky, Maine, Maryland, Massachusetts, Michigan, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, West Virginia, Wisconsin Internal Revenue Service RAIVS Team P.O. Box 145500 Stop 2800 F Cincinnati, OH 45250 855-800-8015 Line 1b. Enter your employer identification number (EIN) if your request relates to a business return. Otherwise, enter the first social security number (SSN) or your individual taxpayer identification number (ITIN) shown on the return. For example, if you are requesting Form 1040 that includes Schedule C (Form 1040), enter your SSN. Line 3. Enter your current address. If you use a P.O. box, include it on this line. Line 4. Enter the address shown on the last return filed if different from the address entered on line 3. Note: If the addresses on lines 3 and 4 are different and you have not changed your address with the IRS, file Form 8822, Change of Address. For a business address, file Form 8822-B, Change of Address or Responsible Party — Business. Line 6. Enter only one tax form number per request. Signature and date. Form 4506-T must be signed and dated by the taxpayer listed on line 1a or 2a. The IRS must receive Form 4506-T within 120 days of the date signed by the taxpayer or it will be rejected. Ensure that all applicable lines are completed before signing. F! CAUTION You must check the box in the signature area to acknowledge you have the authority to sign and request the information. The form will not be processed and returned to you if the box is unchecked. Individuals. Transcripts of jointly filed tax returns may be furnished to either spouse. Only one signature is required. Sign Form 4506-T exactly as your name appeared on the original return. If you changed your name, also sign your current name. Corporations. Generally, Form 4506-T can be signed by: (1) an officer having legal authority to bind the corporation, (2) any person designated by the board of directors or other governing body, or (3) any officer or employee on written request by any principal officer and attested to by the secretary or other officer. A bona fide shareholder of record owning 1 percent or more of the outstanding stock of the corporation may submit a Form 4506-T but must provide documentation to support the requester's right to receive the information. Partnerships. Generally, Form 4506-T can be signed by any person who was a member of the partnership during any part of the tax period requested on line 9. All others. See section 6103(e) if the taxpayer has died, is insolvent, is a dissolved corporation, or if a trustee, guardian, executor, receiver, or administrator is acting for the taxpayer. Note: If you are Heir at law, Next of kin, or Beneficiary you must be able to establish a material interest in the estate or trust. Documentation. For entities other than individuals, you must attach the authorization document. For example, this could be the letter from the principal officer authorizing an employee of the corporation or the letters testamentary authorizing an individual to act for an estate. Signature by a representative. A representative can sign Form 4506-T for a taxpayer only if the taxpayer has specifically delegated this authority to the representative on Form 2848, line 5. The representative must attach Form 2848 showing the delegation to Form 4506-T. Privacy Act and Paperwork Reduction Act Notice. We ask for the information on this form to establish your right to gain access to the requested tax information under the Internal Revenue Code. We need this information to properly identify the tax information and respond to your request. You are not required to request any transcript; if you do request a transcript, sections 6103 and 6109 and their regulations require you to provide this information, including your SSN or EIN. If you do not provide this information, we may not be able to process your request. Providing false or fraudulent information may subject you to penalties. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation, and cities, states, the District of Columbia, and U.S. commonwealths and possessions for use in administering their tax laws. We may also disclose this information to other countries under a tax treaty, to federal and state agencies to enforce federal nontax criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You are not required to provide the information requested on a form that is subject to the Paperwork Reduction Act unless the form displays a valid OMB control number. Books or records relating to a form or its instructions must be retained as long as their contents may become material in the administration of any Internal Revenue law. Generally, tax returns and return information are confidential, as required by section 6103. The time needed to complete and file Form 4506-T will vary depending on individual circumstances. The estimated average time is: Learning about the law or the form, 10 min.; Preparing the form, 12 min.; and Copying, assembling, and sending the form to the IRS, 20 min. If you have comments concerning the accuracy of these time estimates or suggestions for making Form 4506-T simpler, we would be happy to hear from you. You can write to: Internal Revenue Service Tax Forms and Publications Division 1111 Constitution Ave. NW, IR-6526 Washington, DC 20224 Do not send the form to this address. Instead, see Where to file on this page. 184280 STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY EDMUND G. BROWN JR., Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT 2020 W. El Camino Avenue, Suite 500 Sacramento, CA 95833 (916) 263-2911 / FAX (916) 263-7453 www.hcd.ca.gov April 26, 2018 MEMORANDUM FOR: Interested parties FROM: Zachary Olmstead, Deputy Director Division of Housing Policy Development SUBJECT: State Income Limits for 2018 Attached are briefing materials and State Income Limits for 2018 that are now in effect and replace 2017 State Income Limits. Income limits reflect updated median income and household income levels for extremely low-, very low-, low-, and moderate-income households for California’s 58 counties. The 2018 State Income Limits are on the Department of Housing and Community Development (HCD) website at http://www.hcd.ca.gov/grants-funding/income- limits/state-and-federal-income-limits.shtml. State Income Limits apply to designated programs, are used to determine applicant eligibility (based on the level of household income), and may be used to calculate affordable housing costs for applicable housing assistance programs. Use of State Income Limits are subject to a particular program’s definition of income, family, family size, effective dates, and other factors. In addition, definitions applicable to income categories, criteria, and geographic areas sometimes differ depending on the funding source and program, resulting in some programs using other income limits. The attached briefing materials detail California’s 2018 Income Limits and were updated based on: (1) changes to income limits the U.S. Department of Housing and Urban Development (HUD) released on April 1, 2018 for its Public Housing and Section 8 Housing Choice Voucher Program and (2) adjustments HCD made based on State statutory provisions and its 2013 Hold Harmless (HH) Policy. Since 2013, HCD’s HH Policy has held State Income Limits harmless from any decreases in household income limits and median income levels that HUD may apply to the Section 8 Income Limits. HUD determined its HH Policy was no longer necessary due to federal law changes in 2008 (Public Law 110-98) prohibiting rent decreases in federal or private activity bond funded projects. For questions concerning State Income Limits, please contact HCD staff at (916) 263-2911. 185281 2018 State Income Limits Briefing Materials California Code of Regulations, Title 25, Section 6932 Page 2 of 4 Overview The Department of Housing and Community Development (HCD), pursuant to Health & Safety Code Section 50093(c), must file updates to its State Income Limits with the Office of Administrative Law. HCD annually updates these income limits based on U.S. Department of Housing and Urban Development (HUD) revisions to the Public Housing and Section 8 Housing Choice Voucher Program that HUD released on April 1, 2018. HUD annually updates its Section 8 Income Limits to reflect changes in median family income levels for different size households and income limits for extremely low, very low, and low-income households. HCD, pursuant to statutory provisions, makes the following additional revisions: (1) If necessary, increase a county’s area median income to equal California’s non-metropolitan median income, (2) adjusts area median income and household income category levels to not result in any decrease for any year after 2009 pursuant to HCD’s February 2013 HH Policy. HCD’s HH Policy was implemented to replace HUD’s HH Policy, discontinued in 2009, to not decrease income limits and area median income levels below a prior year’s highest level and, (3) determines income limits for California’s moderate- income category. Following are brief summaries of technical methodologies used by HUD and HCD in updating income limits for different household income categories. For additional information, please refer to HUD’s briefing materials at https://www.huduser.gov/portal/datasets/il//il18/IncomeLimitsMethodology- FY18.pdf. HUD Methodology HUD Section 8 Income Limits begin with the production of median family incomes. HUD uses the Section 8 program’s Fair Market Rent (FMR) area definitions in developing median incomes, which means developing median incomes for each metropolitan area, parts of some metropolitan areas, and each non-metropolitan county. The 2018 FMR area definitions are unchanged from last year. HUD calculates Section 8 Income Limits for every FMR area with adjustments for family size and for areas with unusually high or low family income or housing-cost-to-income relationships. Extremely Low-Income In determining the extremely low-income limit, HUD uses the Federal Poverty Guidelines, published by the Department of Health and Human Services. HUD compares the appropriate poverty guideline with 60% of the very low-income limit and choose the greater of the two. The value may not exceed the very low-income level. Very Low-Income The very low-income limits are the basis for all other income limits. The very low-income limit typically reflects 50 percent of median family income (MFI) and HUD's MFI figure generally equals two times HUD's 4-person very low-income limit. HUD may adjust the very low-income limit for an area or county to account for conditions that warrant special considerations. As such, the very low-income limit may not always equal 50% MFI. Low-Income In general, most low-income limits represent the higher level of: (1) 80 percent of MFI or, (2) 80 percent of state non-metropolitan median family income. However, due to adjustments that HUD sometimes makes to the very low-income limit, strictly calculating low-income limits as 80 percent of MFI could produce unintended anomalies inconsistent with statutory intent (e.g. very low-income limits being higher than low-income limits).Therefore, HUD’s briefing materials specify that, with some exceptions, the low-income limit reflect 160 percent of the very low-income limit. 186282 2018 State Income Limits Briefing Materials California Code of Regulations, Title 25, Section 6932 Page 3 of 4 HUD may apply additional adjustments to areas with unusually high or low housing-costs-to-income relationships and for other reasons. This could result in low-income limits exceeding MFI. Median Family Income/Area Median Income HUD references and estimates the MFI in calculating the income limits. California law and State Income Limits reference Area Median Income (AMI) that, pursuant to Health & Safety Code 50093(c), means the MFI of a geographic area, estimated by HUD for its Section 8 Program. HUD’s calculations of Section 8 Income Limits begin with the production of MFI estimates. This year, MFI estimates use the 2015 American Community Survey. HUD then adjusts the survey data to account for anticipated income growth by applying the Consumer Price Index inflation forecast published by the Congressional Budget Office through mid-2018. HUD uses the MFI to calculate very low-income limits, used as the basis to calculate income limits for other income categories. For additional information, please see HUD’s methodology describing 2018 MFI’s at https://www.huduser.gov/portal/datasets/il/il18/Medians-Methodology-FY18r.pdf. Adjustment Calculations HUD may apply adjustments to areas with unusually high or low family income, uneven housing-cost-to- income relationship, or other reasons. For example, HUD applies an increase if the four-person very low-income limit would otherwise be less than the amount at which 35 percent of it equals 85 percent of the annualized two-bedroom Section 8 FMR (or 40th percentile rent in 50th percentile FMR areas). The purpose is to increase the income limit for areas where rental-housing costs are unusually high in relation to the median income. In certain cases, HUD also applies an adjustment to the income limits based on the state non- metropolitan median family income level. In addition, HUD restricts adjustments so income limits do not increase more than five percent of the previous year's very low-income figure OR twice the increase in the national MFI, whichever is greater. For the 2018 income limits, the maximum increase is 11.5% from the previous year. This adjustment does not apply to the extremely low-income limits. Please refer to HUD briefing materials for additional information on the adjustment calculations. Income Limit Calculations for Household Sizes Other Than 4-Persons The income limit statute requires adjustments for family size. The legislative history and conference committee report indicates that Congress intended that income limits should be higher for larger families and lower for smaller families. The same family size adjustments apply to all income limits, except extremely low-income limits, which are set at the poverty income threshold. They are as follows: Number of Persons in Household: 1 2 3 4 5 6 7 8 Adjustments: 70% 80% 90% Base 108% 116% 124% 132% Income Limit Calculations for Household Sizes Greater Than 8-Persons For households of more than eight persons, refer to the formula at the end of the table for 2018 Income Limits. Due to the adjustments HUD can make to income limits in a given county, table data should be the only method used to determine program eligibility. Arithmetic calculations are applicable only when a household has more than eight members. Please refer to HUD’s briefing material for additional information on family size adjustments. 187283 2018 State Income Limits Briefing Materials California Code of Regulations, Title 25, Section 6932 Page 4 of 4 HCD Methodology State law (Health & Safety Code Section 50093, et. seq.) prescribes the methodology HCD uses to update the State Income Limits. HCD utilizes HUD’s Section 8 Housing Choice Voucher Program Income Limits. HCD’s methodology involves: (1) increasing a counties’ median income established by HUD to equal California’s non-metropolitan county median income determined by HUD, (2) applying HCD’s HH Policy, in effect since 2013, to not allow decreases in area median income levels and household income category levels, and (3) determining income limit levels applicable to California’s moderate-income households defined by law as household income not exceeding 120 percent of county area median income. Area Median Income and Income Category Levels HCD, pursuant to federal and State law, adjusts median income levels for all to counties so they are not less than the non-metropolitan county median income established by HUD ($59,700 for 2018). Next, HCD, for all counties, applies its HH policy to ensure area median income and income limits for all household income categories do not fall below any level achieved in the prior year. Moderate-Income Levels HCD is responsible for establishing California’s moderate-income limit levels. After calculating the 4- person area median income (AMI) level as previously described, HCD sets the maximum moderate- income limit to equal 120 percent of the county’s AMI. Applicability of California’s Official State Income Limits Applicability of the State Income Limits are subject to particular programs as program definitions of factors such as income, family, and household size, etc. vary. Some programs, such as Multifamily Tax Subsidy Projects (MTSPs), use different income limits. For MTSPs, separate income limits apply per provisions of the Housing and Economic Recovery Act (HERA) of 2008 (Public Law 110-289). Income limits for MTSPs are used to determine qualification levels as well as set maximum rental rates for projects funded with tax credits authorized under Section 42 of the Internal Revenue Code (Code). In addition, MTSP income limits apply to projects financed with tax-exempt housing bonds issued to provide qualified residential rental development under Section 142 of the Code. These income limits are available at http://www.huduser.org/datasets/mtsp.html. 188284 Section 6932. 2018 Income Limits Income Category 1 2 3 4 5 6 7 8 Alameda County Extremely Low 24400 27900 31400 34850 37650 40450 43250 46050 4-Person Very Low Income 40700 46500 52300 58100 62750 67400 72050 76700 Area Median Income:Low Income 62750 71700 80650 89600 96800 103950 111150 118300 $104,400 Median Income 73100 83500 93950 104400 112750 121100 129450 137800 Moderate Income 87700 100250 112750 125300 135300 145350 155350 165400 Alpine County Extremely Low 18150 20750 23350 25900 29420 33740 38060 42380 4-Person Very Low Income 30250 34600 38900 43200 46700 50150 53600 57050 Area Median Income:Low Income 46100 52650 59250 65800 71100 76350 81600 86900 $94,900 Median Income 66450 75900 85400 94900 102500 110100 117700 125250 Moderate Income 79750 91100 102500 113900 123000 132100 141250 150350 Amador County Extremely Low 15500 17700 20780 25100 29420 33740 38060 42380 4-Person Very Low Income 25800 29450 33150 36800 39750 42700 45650 48600 Area Median Income:Low Income 41250 47150 53050 58900 63650 68350 73050 77750 $73,600 Median Income 51500 58900 66250 73600 79500 85400 91250 97150 Moderate Income 61800 70650 79450 88300 95350 102450 109500 116550 Butte County Extremely Low 13200 16460 20780 25100 29420 33740 37550 41320 4-Person Very Low Income 21950 25050 28200 31300 33850 36350 38850 41350 Area Median Income:Low Income 35100 40100 45100 50100 54150 58150 62150 66150 $62,600 Median Income 43800 50100 56350 62600 67600 72600 77600 82650 Moderate Income 52550 60100 67600 75100 81100 87100 93100 99150 Calaveras County Extremely Low 15200 17400 20780 25100 29420 33740 38060 42380 4-Person Very Low Income 25350 28950 32550 36150 39050 41950 44850 47750 Area Median Income:Low Income 40500 46300 52100 57850 62500 67150 71750 76400 $72,300 Median Income 50600 57850 65050 72300 78100 83850 89650 95450 Moderate Income 60700 69400 78100 86750 93700 100650 107550 114500 Colusa County Extremely Low 12600 16460 20780 25100 29420 33740 37140 39550 4-Person Very Low Income 21000 24000 27000 29950 32350 34750 37150 39550 Area Median Income:Low Income 33550 38350 43150 47900 51750 55600 59400 63250 $59,900 Median Income 41950 47900 53900 59900 64700 69500 74300 79050 Moderate Income 50350 57500 64700 71900 77650 83400 89150 94900 Contra Costa County Extremely Low 24400 27900 31400 34850 37650 40450 43250 46050 4-Person Very Low Income 40700 46500 52300 58100 62750 67400 72050 76700 Area Median Income:Low Income 62750 71700 80650 89600 96800 103950 111150 118300 $104,400 Median Income 73100 83500 93950 104400 112750 121100 129450 137800 Moderate Income 87700 100250 112750 125300 135300 145350 155350 165400 Del Norte County Extremely Low 12600 16460 20780 25100 29420 33740 37140 39550 4-Person Very Low Income 21000 24000 27000 29950 32350 34750 37150 39550 Area Median Income:Low Income 33550 38350 43150 47900 51750 55600 59400 63250 $59,900 Median Income 41950 47900 53900 59900 64700 69500 74300 79050 Moderate Income 50350 57500 64700 71900 77650 83400 89150 94900 County Number of Persons in Household Last page instructs how to use income limits to determine applicant eligibility and calculate affordable housing cost and rent 189285 Section 6932. 2018 Income Limits Income Category 1 2 3 4 5 6 7 8CountyNumber of Persons in Household Last page instructs how to use income limits to determine applicant eligibility and calculate affordable housing cost and rent El Dorado County Extremely Low 16850 19250 21650 25100 29420 33740 38060 42380 4-Person Very Low Income 28050 32050 36050 40050 43300 46500 49700 52900 Area Median Income:Low Income 44900 51300 57700 64100 69250 74400 79500 84650 $80,100 Median Income 56050 64100 72100 80100 86500 92900 99300 105750 Moderate Income 67250 76900 86500 96100 103800 111500 119150 126850 Fresno County Extremely Low 12600 16460 20780 25100 29420 33740 37140 39550 4-Person Very Low Income 21000 24000 27000 29950 32350 34750 37150 39550 Area Median Income:Low Income 33550 38350 43150 47900 51750 55600 59400 63250 $59,900 Median Income 41950 47900 53900 59900 64700 69500 74300 79050 Moderate Income 50350 57500 64700 71900 77650 83400 89150 94900 Glenn County Extremely Low 12600 16460 20780 25100 29420 33740 37140 39550 4-Person Very Low Income 21000 24000 27000 29950 32350 34750 37150 39550 Area Median Income:Low Income 33550 38350 43150 47900 51750 55600 59400 63250 $59,900 Median Income 41950 47900 53900 59900 64700 69500 74300 79050 Moderate Income 50350 57500 64700 71900 77650 83400 89150 94900 Humboldt County Extremely Low 12600 16460 20780 25100 29420 33740 37140 39550 4-Person Very Low Income 21000 24000 27000 29950 32350 34750 37150 39550 Area Median Income:Low Income 33550 38350 43150 47900 51750 55600 59400 63250 $59,900 Median Income 41950 47900 53900 59900 64700 69500 74300 79050 Moderate Income 50350 57500 64700 71900 77650 83400 89150 94900 Imperial County Extremely Low 12600 16460 20780 25100 29420 33740 37140 39550 4-Person Very Low Income 21000 24000 27000 29950 32350 34750 37150 39550 Area Median Income:Low Income 33550 38350 43150 47900 51750 55600 59400 63250 $59,900 Median Income 41950 47900 53900 59900 64700 69500 74300 79050 Moderate Income 50350 57500 64700 71900 77650 83400 89150 94900 Inyo County Extremely Low 15150 17300 20780 25100 29420 33740 38060 42380 4-Person Very Low Income 25200 28800 32400 36000 38900 41800 44650 47550 Area Median Income:Low Income 40350 46100 51850 57600 62250 66850 71450 76050 $72,000 Median Income 50400 57600 64800 72000 77750 83500 89300 95050 Moderate Income 60500 69100 77750 86400 93300 100200 107150 114050 Kern County Extremely Low 12600 16460 20780 25100 29420 33740 37140 39550 4-Person Very Low Income 21000 24000 27000 29950 32350 34750 37150 39550 Area Median Income:Low Income 33550 38350 43150 47900 51750 55600 59400 63250 $59,900 Median Income 41950 47900 53900 59900 64700 69500 74300 79050 Moderate Income 50350 57500 64700 71900 77650 83400 89150 94900 Kings County Extremely Low 12600 16460 20780 25100 29420 33740 37140 39550 4-Person Very Low Income 21000 24000 27000 29950 32350 34750 37150 39550 Area Median Income:Low Income 33550 38350 43150 47900 51750 55600 59400 63250 $59,900 Median Income 41950 47900 53900 59900 64700 69500 74300 79050 Moderate Income 50350 57500 64700 71900 77650 83400 89150 94900190286 Section 6932. 2018 Income Limits Income Category 1 2 3 4 5 6 7 8CountyNumber of Persons in Household Last page instructs how to use income limits to determine applicant eligibility and calculate affordable housing cost and rent Lake County Extremely Low 12600 16460 20780 25100 29420 33740 37140 39550 4-Person Very Low Income 21000 24000 27000 29950 32350 34750 37150 39550 Area Median Income:Low Income 33550 38350 43150 47900 51750 55600 59400 63250 $59,900 Median Income 41950 47900 53900 59900 64700 69500 74300 79050 Moderate Income 50350 57500 64700 71900 77650 83400 89150 94900 Lassen County Extremely Low 14600 16650 20780 25100 29420 33740 38060 42380 4-Person Very Low Income 24300 27800 31250 34700 37500 40300 43050 45850 Area Median Income:Low Income 38850 44400 49950 55500 59950 64400 68850 73300 $69,400 Median Income 48600 55500 62450 69400 74950 80500 86050 91600 Moderate Income 58300 66650 74950 83300 89950 96650 103300 109950 Los Angeles County Extremely Low 20350 23250 26150 29050 31400 33740 38060 42380 4-Person Very Low Income 33950 38800 43650 48450 52350 56250 60100 64000 Area Median Income:Low Income *54250 62000 69750 77500 83700 89900 96100 102300 $69,300 Median Income 48500 55450 62350 69300 74850 80400 85950 91500 Moderate Income 58200 66500 74850 83150 89800 96450 103100 109750 Madera County Extremely Low 12600 16460 20780 25100 29420 33740 37140 39550 4-Person Very Low Income 21000 24000 27000 29950 32350 34750 37150 39550 Area Median Income:Low Income 33550 38350 43150 47900 51750 55600 59400 63250 $59,900 Median Income 41950 47900 53900 59900 64700 69500 74300 79050 Moderate Income 50350 57500 64700 71900 77650 83400 89150 94900 Marin County Extremely Low 30800 35200 39600 44000 47550 51050 54600 58100 4-Person Very Low Income 51350 58650 66000 73300 79200 85050 90900 96800 Area Median Income:Low Income 82200 93950 105700 117400 126800 136200 145600 155000 $118,400 Median Income 82900 94700 106550 118400 127850 137350 146800 156300 Moderate Income 99450 113700 127900 142100 153450 164850 176200 187550 Mariposa County Extremely Low 13800 16460 20780 25100 29420 33740 38060 42380 4-Person Very Low Income 22950 26200 29500 32750 35400 38000 40650 43250 Area Median Income:Low Income 36700 41950 47200 52400 56600 60800 65000 69200 $65,500 Median Income 45850 52400 58950 65500 70750 76000 81200 86450 Moderate Income 55000 62900 70750 78600 84900 91200 97450 103750 Mendocino County Extremely Low 12800 16460 20780 25100 29420 33740 37600 40200 4-Person Very Low Income 21350 24400 27450 30450 32900 35350 37800 40200 Area Median Income:Low Income 34100 39000 43850 48700 52600 56500 60400 64300 $60,600 Median Income 42400 48500 54550 60600 65450 70300 75150 80000 Moderate Income 50900 58150 65450 72700 78500 84350 90150 95950 Merced County Extremely Low 12600 16460 20780 25100 29420 33740 37140 39550 4-Person Very Low Income 21000 24000 27000 29950 32350 34750 37150 39550 Area Median Income:Low Income 33550 38350 43150 47900 51750 55600 59400 63250 $59,900 Median Income 41950 47900 53900 59900 64700 69500 74300 79050 Moderate Income 50350 57500 64700 71900 77650 83400 89150 94900191287 Section 6932. 2018 Income Limits Income Category 1 2 3 4 5 6 7 8CountyNumber of Persons in Household Last page instructs how to use income limits to determine applicant eligibility and calculate affordable housing cost and rent Modoc County Extremely Low 12600 16460 20780 25100 29420 33740 37140 39550 4-Person Very Low Income 21000 24000 27000 29950 32350 34750 37150 39550 Area Median Income:Low Income 33550 38350 43150 47900 51750 55600 59400 63250 $59,900 Median Income 41950 47900 53900 59900 64700 69500 74300 79050 Moderate Income 50350 57500 64700 71900 77650 83400 89150 94900 Mono County Extremely Low 17050 19500 21950 25100 29420 33740 38060 42380 4-Person Very Low Income 28450 32500 36550 40600 43850 47100 50350 53600 Area Median Income:Low Income 44750 51150 57550 63900 69050 74150 79250 84350 $81,200 Median Income 56850 64950 73100 81200 87700 94200 100700 107200 Moderate Income 68200 77950 87700 97450 105250 113050 120850 128650 Monterey County Extremely Low 17550 20050 22550 25100 29420 33740 38060 42380 4-Person Very Low Income 29250 33400 37600 41750 45100 48450 51800 55150 Area Median Income:Low Income 46800 53450 60150 66800 72150 77500 82850 88200 $69,100 Median Income 48350 55300 62200 69100 74650 80150 85700 91200 Moderate Income 58050 66300 74600 82900 89550 96150 102800 109450 Napa County Extremely Low 19600 22400 25200 27950 30200 33740 38060 42380 4-Person Very Low Income 32600 37250 41900 46550 50300 54000 57750 61450 Area Median Income:Low Income 52150 59600 67050 74500 80500 86450 92400 98350 $91,000 Median Income 63700 72800 81900 91000 98300 105550 112850 120100 Moderate Income 76450 87350 98300 109200 117950 126650 135400 144150 Nevada County Extremely Low 16100 18400 20780 25100 29420 33740 38060 42380 4-Person Very Low Income 26850 30700 34550 38350 41450 44500 47600 50650 Area Median Income:Low Income 42950 49050 55200 61300 66250 71150 76050 80950 $73,500 Median Income 51450 58800 66150 73500 79400 85250 91150 97000 Moderate Income 61750 70550 79400 88200 95250 102300 109350 116400 Orange County Extremely Low 23000 26250 29550 32800 35450 38050 40700 43300 4-Person Very Low Income 38300 43750 49200 54650 59050 63400 67800 72150 Area Median Income:Low Income 61250 70000 78750 87450 94450 101450 108450 115450 $92,700 Median Income 64900 74150 83450 92700 100100 107550 114950 122350 Moderate Income 77900 89000 100150 111250 120150 129050 137950 146850 Placer County Extremely Low 16850 19250 21650 25100 29420 33740 38060 42380 4-Person Very Low Income 28050 32050 36050 40050 43300 46500 49700 52900 Area Median Income:Low Income 44900 51300 57700 64100 69250 74400 79500 84650 $80,100 Median Income 56050 64100 72100 80100 86500 92900 99300 105750 Moderate Income 67250 76900 86500 96100 103800 111500 119150 126850 Plumas County Extremely Low 13300 16460 20780 25100 29420 33740 38060 41800 4-Person Very Low Income 22200 25350 28500 31650 34200 36750 39250 41800 Area Median Income:Low Income 35500 40550 45600 50650 54750 58800 62850 66900 $63,300 Median Income 44300 50650 56950 63300 68350 73450 78500 83550 Moderate Income 53150 60750 68350 75950 82050 88100 94200 100250192288 Section 6932. 2018 Income Limits Income Category 1 2 3 4 5 6 7 8CountyNumber of Persons in Household Last page instructs how to use income limits to determine applicant eligibility and calculate affordable housing cost and rent Riverside County Extremely Low 14150 16460 20780 25100 29420 33740 38060 42380 4-Person Very Low Income 23600 27000 30350 33700 36400 39100 41800 44500 Area Median Income:Low Income 37750 43150 48550 53900 58250 62550 66850 71150 $65,800 Median Income 46050 52650 59200 65800 71050 76350 81600 86850 Moderate Income 55250 63150 71050 78950 85250 91600 97900 104200 Sacramento County Extremely Low 16850 19250 21650 25100 29420 33740 38060 42380 4-Person Very Low Income 28050 32050 36050 40050 43300 46500 49700 52900 Area Median Income:Low Income 44900 51300 57700 64100 69250 74400 79500 84650 $80,100 Median Income 56050 64100 72100 80100 86500 92900 99300 105750 Moderate Income 67250 76900 86500 96100 103800 111500 119150 126850 San Benito County Extremely Low 19600 22400 25200 27950 30200 33740 38060 42380 4-Person Very Low Income 32600 37250 41900 46550 50300 54000 57750 61450 Area Median Income:Low Income 52200 59650 67100 74550 80550 86500 92450 98450 $81,100 Median Income 56750 64900 73000 81100 87600 94100 100550 107050 Moderate Income 68100 77850 87550 97300 105100 112850 120650 128450 San Bernardino County Extremely Low 14150 16460 20780 25100 29420 33740 38060 42380 4-Person Very Low Income 23600 27000 30350 33700 36400 39100 41800 44500 Area Median Income:Low Income 37750 43150 48550 53900 58250 62550 66850 71150 $65,800 Median Income 46050 52650 59200 65800 71050 76350 81600 86850 Moderate Income 55250 63150 71050 78950 85250 91600 97900 104200 San Diego County Extremely Low 20450 23400 26300 29200 31550 33900 38060 42380 4-Person Very Low Income 34100 38950 43800 48650 52550 56450 60350 64250 Area Median Income:Low Income 54500 62300 70100 77850 84100 90350 96550 102800 $81,800 Median Income 57250 65450 73600 81800 88350 94900 101450 108000 Moderate Income 68700 78500 88350 98150 106000 113850 121700 129550 San Francisco County Extremely Low 30800 35200 39600 44000 47550 51050 54600 58100 4-Person Very Low Income 51350 58650 66000 73300 79200 85050 90900 96800 Area Median Income:Low Income 82200 93950 105700 117400 126800 136200 145600 155000 $118,400 Median Income 82900 94700 106550 118400 127850 137350 146800 156300 Moderate Income 99450 113700 127900 142100 153450 164850 176200 187550 San Joaquin County Extremely Low 13950 16460 20780 25100 29420 33740 38060 42050 4-Person Very Low Income 23250 26550 29850 33150 35850 38500 41150 43800 Area Median Income:Low Income 37150 42450 47750 53050 57300 61550 65800 70050 $66,300 Median Income 46400 53050 59650 66300 71600 76900 82200 87500 Moderate Income 55700 63650 71600 79550 85900 92300 98650 105000 San Luis Obispo County Extremely Low 17500 20000 22500 25100 29420 33740 38060 42380 4-Person Very Low Income 29150 33300 37450 41600 44950 48300 51600 54950 Area Median Income:Low Income 46600 53250 59900 66550 71900 77200 82550 87850 $83,200 Median Income 58250 66550 74900 83200 89850 96500 103150 109800 Moderate Income 69900 79900 89850 99850 107850 115850 123800 131800193289 Section 6932. 2018 Income Limits Income Category 1 2 3 4 5 6 7 8CountyNumber of Persons in Household Last page instructs how to use income limits to determine applicant eligibility and calculate affordable housing cost and rent San Mateo County Extremely Low 30800 35200 39600 44000 47550 51050 54600 58100 4-Person Very Low Income 51350 58650 66000 73300 79200 85050 90900 96800 Area Median Income:Low Income 82200 93950 105700 117400 126800 136200 145600 155000 $118,400 Median Income 82900 94700 106550 118400 127850 137350 146800 156300 Moderate Income 99450 113700 127900 142100 153450 164850 176200 187550 Santa Barbara County Extremely Low 21100 24100 27100 30100 32550 34950 38060 42380 4-Person Very Low Income 35150 40150 45150 50150 54200 58200 62200 66200 Area Median Income:Low Income 56250 64250 72300 80300 86750 93150 99600 106000 $79,600 Median Income 55700 63700 71650 79600 85950 92350 98700 105050 Moderate Income 66850 76400 85950 95500 103150 110800 118400 126050 Santa Clara County Extremely Low 27950 31950 35950 39900 43100 46300 49500 52700 4-Person Very Low Income 46550 53200 59850 66500 71850 77150 82500 87800 Area Median Income:Low Income 66150 75600 85050 94450 102050 109600 117150 124700 $125,200 Median Income 87650 100150 112700 125200 135200 145250 155250 165250 Moderate Income 105200 120200 135250 150250 162250 174300 186300 198350 Santa Cruz County Extremely Low 23450 26800 30150 33500 36200 38900 41550 44250 4-Person Very Low Income 39100 44650 50250 55800 60300 64750 69200 73700 Area Median Income:Low Income 62650 71600 80550 89450 96650 103800 110950 118100 $87,000 Median Income 60900 69600 78300 87000 93950 100900 107900 114850 Moderate Income 73100 83500 93950 104400 112750 121100 129450 137800 Shasta County Extremely Low 13000 16460 20780 25100 29420 33740 38060 40800 4-Person Very Low Income 21650 24750 27850 30900 33400 35850 38350 40800 Area Median Income:Low Income 34650 39600 44550 49450 53450 57400 61350 65300 $61,800 Median Income 43250 49450 55600 61800 66750 71700 76650 81600 Moderate Income 51900 59300 66750 74150 80100 86000 91950 97900 Sierra County Extremely Low 14800 16900 20780 25100 29420 33740 38060 42380 4-Person Very Low Income 24650 28150 31650 35150 38000 40800 43600 46400 Area Median Income:Low Income 39400 45000 50650 56250 60750 65250 69750 74250 $71,800 Median Income 50250 57450 64600 71800 77550 83300 89050 94800 Moderate Income 60300 68900 77550 86150 93050 99950 106850 113700 Siskiyou County Extremely Low 12600 16460 20780 25100 29420 33740 37140 39550 4-Person Very Low Income 21000 24000 27000 29950 32350 34750 37150 39550 Area Median Income:Low Income 33550 38350 43150 47900 51750 55600 59400 63250 $59,900 Median Income 41950 47900 53900 59900 64700 69500 74300 79050 Moderate Income 50350 57500 64700 71900 77650 83400 89150 94900 Solano County Extremely Low 17600 20100 22600 25100 29420 33740 38060 42380 4-Person Very Low Income 29300 33500 37700 41850 45200 48550 51900 55250 Area Median Income:Low Income 46900 53600 60300 66950 72350 77700 83050 88400 $83,700 Median Income 58600 66950 75350 83700 90400 97100 103800 110500 Moderate Income 70300 80350 90400 100450 108500 116500 124550 132600194290 Section 6932. 2018 Income Limits Income Category 1 2 3 4 5 6 7 8CountyNumber of Persons in Household Last page instructs how to use income limits to determine applicant eligibility and calculate affordable housing cost and rent Sonoma County Extremely Low 20650 23600 26550 29450 31850 34200 38060 42380 4-Person Very Low Income 34400 39300 44200 49100 53050 57000 60900 64850 Area Median Income:Low Income 55000 62850 70700 78550 84850 91150 97450 103700 $84,100 Median Income 58850 67300 75700 84100 90850 97550 104300 111000 Moderate Income 70650 80700 90800 100900 108950 117050 125100 133200 Stanislaus County Extremely Low 13050 16460 20780 25100 29420 33740 37650 40100 4-Person Very Low Income 21700 24800 27900 31000 33500 36000 38450 40950 Area Median Income:Low Income 34750 39700 44650 49600 53600 57550 61550 65500 $62,000 Median Income 43400 49600 55800 62000 66950 71900 76900 81850 Moderate Income 52100 59500 66950 74400 80350 86300 92250 98200 Sutter County Extremely Low 12600 16460 20780 25100 29420 33740 37200 39600 4-Person Very Low Income 21000 24000 27000 30000 32400 34800 37200 39600 Area Median Income:Low Income 33600 38400 43200 48000 51850 55700 59550 63400 $60,000 Median Income 42000 48000 54000 60000 64800 69600 74400 79200 Moderate Income 50400 57600 64800 72000 77750 83500 89300 95050 Tehama County Extremely Low 12600 16460 20780 25100 29420 33740 37140 39550 4-Person Very Low Income 21000 24000 27000 29950 32350 34750 37150 39550 Area Median Income:Low Income 33550 38350 43150 47900 51750 55600 59400 63250 $59,900 Median Income 41950 47900 53900 59900 64700 69500 74300 79050 Moderate Income 50350 57500 64700 71900 77650 83400 89150 94900 Trinity County Extremely Low 12600 16460 20780 25100 29420 33740 37140 39550 4-Person Very Low Income 21000 24000 27000 29950 32350 34750 37150 39550 Area Median Income:Low Income 33550 38350 43150 47900 51750 55600 59400 63250 $59,900 Median Income 41950 47900 53900 59900 64700 69500 74300 79050 Moderate Income 50350 57500 64700 71900 77650 83400 89150 94900 Tulare County Extremely Low 12600 16460 20780 25100 29420 33740 37140 39550 4-Person Very Low Income 21000 24000 27000 29950 32350 34750 37150 39550 Area Median Income:Low Income 33550 38350 43150 47900 51750 55600 59400 63250 $59,900 Median Income 41950 47900 53900 59900 64700 69500 74300 79050 Moderate Income 50350 57500 64700 71900 77650 83400 89150 94900 Tuolumne County Extremely Low 13950 16460 20780 25100 29420 33740 38060 41750 4-Person Very Low Income 23250 26600 29900 33200 35900 38550 41200 43850 Area Median Income:Low Income 37200 42500 47800 53100 57350 61600 65850 70100 $66,700 Median Income 46700 53350 60050 66700 72050 77350 82700 88050 Moderate Income 56050 64050 72050 80050 86450 92850 99250 105650 Ventura County Extremely Low 21300 24350 27400 30400 32850 35300 38060 42380 4-Person Very Low Income 35500 40600 45650 50700 54800 58850 62900 66950 Area Median Income:Low Income 56800 64900 73000 81100 87600 94100 100600 107100 $96,000 Median Income 67200 76800 86400 96000 103700 111350 119050 126700 Moderate Income 80650 92150 103700 115200 124400 133650 142850 152050195291 Section 6932. 2018 Income Limits Income Category 1 2 3 4 5 6 7 8CountyNumber of Persons in Household Last page instructs how to use income limits to determine applicant eligibility and calculate affordable housing cost and rent Yolo County Extremely Low 17500 20000 22500 25100 29420 33740 38060 42380 4-Person Very Low Income 29150 33300 37450 41600 44950 48300 51600 54950 Area Median Income:Low Income 46600 53250 59900 66550 71900 77200 82550 87850 $85,100 Median Income 59550 68100 76600 85100 91900 98700 105500 112350 Moderate Income 71450 81700 91900 102100 110250 118450 126600 134750 Yuba County Extremely Low 12600 16460 20780 25100 29420 33740 37200 39600 4-Person Very Low Income 21000 24000 27000 30000 32400 34800 37200 39600 Area Median Income:Low Income 33600 38400 43200 48000 51850 55700 59550 63400 $60,000 Median Income 42000 48000 54000 60000 64800 69600 74400 79200 Moderate Income 50400 57600 64800 72000 77750 83500 89300 95050 Instructions: Eligibility Determination: Use household size income category figures in this chart. Determine eligibililty based on actual number of persons in household and total of gross income for all persons. Determination of Income Limit for Households Larger than Eight Persons: Per person (PP) adjustment above 8: (1) multiply 4-person income limit by eight percent (8%), (2) multiply result by number of persons in excess of eight, (3) add the amount to the 8-person income limit, and (4) round to the nearest $50. Yuba County E X A M P L E 4 persons 8% PP Adj + 8 persons =9 persons 8 person +8% Adj x 2 =10 persons Extremely Low 25,100 2008 39,550 41,550 39,550 4016 43,550 Very Low Income 30,000 2400 39,550 41,950 39,550 4800 44,350 Lower Income 48,000 3840 63,250 67,100 63,250 7680 70,950 Moderate Income 72,000 5760 94,900 100,650 94,900 11520 106,400 Calculation of Housing Cost and Rent: Refer to Heath & Safety Code Sections 50052.5 and 50053. Use benchmark household size and multiply against applicable percentages defined in H&SC using Area Median Income identified in this chart. Determination of Household Size: For projects with no federal assistance, household size is set at number of bedrooms in unit plus one. For projects with federal assistance, household size may be set by multiplying 1.5 against the number of bedrooms in unit. HUD Income Limits release: 4/1/2018 HUD FY 2017 California median incomes: State median income: $77,500 Metropolitan county median income: $78,200 Non-metropolitan county median income: $59,700 Authority cited: Section 50093, Health and Safety Code. Reference: Sections 50079.5, 50093, 50105 and 50106, Health and Safety Code 196 292 City of La Quinta CITY COUNCIL MEETING: August 7, 2018 STAFF REPORT AGENDA TITLE: AUTHORIZE CONTRACTING WITH DESERT CONCEPTS FOR UP TO $100,000 OF WORK FOR FISCAL YEAR 2018/19, WHEN DESERT CONCEPTS IS THE QUALIFIED AND/OR LOWEST BID RECOMMENDATION Authorize contracting with Desert Concepts for up to $100,000 of work during 2018/19 when Desert Concepts is the qualified and/or low bidder. EXECUTIVE SUMMARY Per the purchasing policy, amounts paid to vendors/contractors over $50,000 must be approved by Council. On July 5, 2018 Desert Concepts was awarded Project No 2017-25 La Quinta Park Fitness Court. Staff requests authority to contract for up to $100,000 of additional work should Desert Concepts submit a qualified and/or lowest bid. FISCAL IMPACT Up to $100,000 would be charged in increments, as needed, to the appropriate account(s) should Desert Concepts be awarded any other bids in 2018/19. BACKGROUND/ANALYSIS Bids were solicited for the La Quinta Park Fitness Court and Desert Concepts submitted the lowest qualified bid and was awarded the project. The total amount is $44,700. The purchasing policy requires Council approval for purchases and/or contracts over $50,000. Desert Concepts has a history of providing quality work and they frequently submit the lowest responsible bid for a variety of services. Staff requests authorization to contract with Desert Concepts for an additional $100,000 of work should Desert Concepts be the qualified and/or low bidder during 2018/19. Doing this would not circumvent the City’s Purchasing Policy in that Staff would continue to solicit bids for each project. Instead, this authorization would allow staff to select Desert Concepts for up to $100,000 of work should they be the lowest responsible bidder. Desert Concepts performs a variety of tasks such as construction, HVAC, electrical, plumbing, and landscaping. CONSENT CALENDAR ITEM NO. 19 293 ALTERNATIVES Staff could request approval from Council for future work awarded to Desert Concepts on a per project basis, however, this approach may delay work schedules. Prepared by: Dianne Hansen, Management Assistant Approved by: Steve Howlett, Facilities Director 294 City of La Quinta CITY COUNCIL MEETING: August 7, 2018 STAFF REPORT AGENDA TITLE: AUTHORIZE SUBMISSION OF A GRANT APPLICATION FOR NATIONAL ENDOWMENT FOR THE ARTS’ OUR TOWN CREATIVE PLACEMAKING PROGRAM RECOMMENDATION Authorize the submission of a grant application for the National Endowment for the Arts’ Our Town creative placemaking program; and authorize the Mayor to sign a letter of support. EXECUTIVE SUMMARY •The National Endowment for the Arts (NEA) provides a grant opportunity up to $200,000 to transform underutilized spaces into active art plazas. •With the Village Make Infrastructure Project in progress, staff has analyzed ways to enhance the connection of Village cultural assets as shown in (Attachment 1). •Staff has identified a concept that meets NEA’s requirements and activates the vacant lot next to the lumberyard building and museum. •Notification to grant recipients is April 2019. The grant funds need to be expended within two years of award, which would provide the necessary time to finalize costs and specifications. FISCAL IMPACT None with this action. The estimated cost of the project is $500,000. If awarded the $200,000 from NEA, staff will present to Council a request to accept the award and appropriation of funds from the Park & Equipment replacement fund in the amount of $300,000. BACKGROUND/ANALYSIS The NEA supports projects that integrate art and culture into community priority projects like the Village Make Infrastructure Project. Seeing a potential opportunity, Staff crafted the Village Art Plaza concept, which would integrate Village cultural assets. To exceed eligibility requirements and be deemed a strong contender, Staff identified a site (the vacant City property southwest CONSENT CALENDAR ITEM NO. 20 295 of Avenida Navarro and adjacent to the former lumberyard building) and designed a plaza that embraces the following principles: •connect cultural assets in the Village, •create an outdoor social space, •promote economic development, •develop a 3-section plaza with different components, and •encourage tourism. The Village Art Plaza will create a synergy between the Civic Center Campus (Eastern end of the Village), Old Town La Quinta (Northern end of the Village), Old Town Artisan Studio (Southern end of the Village) and the museum and lumberyard (Western end of the Village). Through interactive community engagement, it would also establish an additional attraction to foster community engagement and further activate the west Village. The plaza would also boost commerce by creating an area for the community to socialize and enjoy art, and visit adjoining Village businesses. The Village Art Plaza design features desert landscape and is sectioned into three areas: a temporary art display, permanent art exhibit, and an interactive social area (”fun zone”). The $500,000 project budget includes extending sewer/water service, landscape and hardscape plans, engineering, permits, and construction. ALTERNATIVES Council may choose not to authorize the grant application submission; however, if the City is selected to receive funding, it can also opt not to accept at that time. Prepared by: Jaime Torres, Management Analyst Approved by: Chris Escobedo, Community Resources Director Attachment: 1. Village Plaza Guide 296 Our Town Grant Village Plaza Guide 297 298 299 300 301 302 303 304 Social/Fun Zone City of La Quinta CITY COUNCIL MEETING: August 7, 2018 STAFF REPORT AGENDA TITLE: APPROVE SILVERROCK VENUE SITE MASTER PLAN AND ADOPT RESOLUTION TO APPROVE SITE DEVELOPMENT PERMIT 2018-0006, INCLUDING SITE, ARCHITECTURAL, AND LANDSCAPING PLANS FOR AN APPROXIMATLEY 14-ACRE PASSIVE PARK VENUE WITHIN PLANNING AREA 11 OF THE SILVERROCK SPECIFIC PLAN; PROJECT: SILVERROCK EVENT SITE; CEQA: CONSISTENT WITH ENVIRONMENTAL ASSESSMENT 2014-1003, NO FURTHER REVIEW REQUIRED RECOMMENDATION (A) Approve the SilverRock Venue Site Master Plan; (B) Make a finding that the project is consistent with Environmental Assessment 2014-1003 and no further environmental review is required; and (C) Adopt a resolution to approve Site Development Permit 2018-0006, including site, architectural, and landscaping plans for an approximately 14-acre passive park venue within Planning Area 11 of the SilverRock Specific Plan; Project: SilverRock Event Site. EXECUTIVE SUMMARY •City Council approved the SilverRock Specific Plan (SP) in July 2006, which includes a 35-acre public event site. •At the February 20, 2018 meeting, Council established an Ad Hoc SilverRock Event Site committee (Committee) consisting of a Council Member, a Community Services Commissioner, and a Planning Commissioner. •The Committee prepared a master plan for an approximately 14-acre park with walking paths, turf areas, sloped event lawn, water feature, and modular recreation building for passive recreation and special event uses. •On June 26, 2018, the Planning Commission recommended that Council approve Site Development Permit (SDP) 2018-0006 and consider the request by the Finance Advisory Commission (FAC) to incorporate additional amenities in the venue design. BUSINESS SESSION ITEM NO. 1 305 FISCAL IMPACT Construction costs are projected to be $6.0 million. If approved, the project may be funded with $2.0 million in Quimby Funds, $1.5 million Park and Recreation Funds, $100,000 in Art in Public Places Funds, and $2.4 million from Measure G reserves. An estimated $3.4 million in development impact fees are expected from the SilverRock Development Company. As these fees are paid, the funds will be applied to back the funding sources for this project. The annual maintenance and operations cost is estimated to be $149,000 and would be included in future Parks Budget. BACKGROUND/ANALYSIS In July 2006, Council approved the SP which designates 35 acres as a community park for active and passive uses to accommodate special events such as art shows, festivals, corporate events, automobile shows, daily use, and public parking. No conceptual park design was considered when the SP was approved. Special events described in the SP include public parking, automobile displays, art festivals, and corporate events in conjunction with the on-site hotel, and other similar events subject to a temporary use permit. A Purchase, Sale, and Development Agreement and a statutory Development Agreement with SilverRock Development Company (SDC), both dated November 19, 2014, were approved by Council to construct two hotels, a conference center, a new golf clubhouse, retail space, and resort residential uses adjacent to the event site. An estimated $3.4 million in development impact fees are expected to be generated from this development. With the desire to create an event space that could accommodate events larger than the Civic Center Campus, the City Council established the Committee in February 2018, which consisted of a Council Member, a Community Services Commissioner, Planning Commissioner, and representatives from Montage International and SDC. The Committee then worked with Herman Design Group and Staff to craft a development program, site plan, budget and time line for an event park; the goal is to complete construction and have the event park operational for the 2020 La Quinta Arts Foundation’s (LQAF) Arts Festival. The LQAF would like to continue holding the event at the Civic Center Campus, but access to the Campus will be restricted the spring of 2020 due to scheduled street and intersection improvements and concurrent storm drain system improvements. 306 Site Design: The event park is proposed for the southeast corner of Avenue 52 and SilverRock Way (Attachments 1 and 2) and would encompass approximately 14 acres of the 35 acres designated in the SilverRock Specific Plan. It is in proximity to the Montage hotel, Montage-branded residences, and conference complex development sites. A concrete driveway for vehicular ingress and egress will begin at SilverRock Way and end at a circular driveway for pick-up and drop-off directly at the entrance to the park venue. Parking areas are available to the east and west of the circular driveway and are proposed to be Class II road base surface. A series of 10-foot wide concrete walking paths are proposed throughout the event park, including a circular walking path along the perimeter (Attachment 3). A water feature is proposed to flow within a winding stream bed from north to south into a pond through the center of the event park with bridges for walking paths to traverse at two locations. The water source for the feature will be from the CVWD canal line that will cross at the Avenue 52 SilverRock Resort entrance. Six (6) concrete pedestals are proposed as art nodes throughout the event park for future art installations. A raised concrete platform is proposed at the eastern portion that can serve as a performance space facing southwest with a sloped lawn area for attendees to gather. A restroom facility is proposed in a central location, and other amenities include benches and trash receptacles. Architectural Design: A 3,500 square foot modern modular recreation building is proposed at the northwest end (Attachment 4). The structure is comprised of four “end cubes” connected by a fabric membrane ceiling cover over a curved “bridge” structure. The building color is white with a large expanse of plexiglass windows along the “bridge” structure. The building’s modern architectural style is complementary to the Montage and Pendry hotel designs. The building is raised approximately four (4) feet above ground level and will be accessed by a ramp that is ADA compliant. The Committee has discussed possible building uses that include special event support services, reception venue, and meeting facilities that complement special events where indoor accommodations are necessary. Parking: The SP and La Quinta Municipal Code do not identify parking requirements for park facilities. A total of 1,132 venue parking spaces are proposed and include 210 designated spaces with a Class II road base surface, 330 spaces on a decomposed granite surface, and 592 overflow spaces in the retention basin (Attachment 4). Access to the overflow retention basin parking area is proposed through a separate driveway from Silverrock Way toward the southeast end of the event park. The 1,032 parking spaces the City provides for the LQAF Art Festival was the benchmark for this venue’s parking. The Montage conference center/shared services facility (located south of the event park) will include 351 parking spaces that may be shared for special events. 307 Landscaping & Lighting: The proposed landscaping consists of turf, shrubs, accent trees, and palms (Attachment 3). Trees include willow acacia, tipuana tipu, and thornless mesquite. Shrubs include Mexican bird of paradise, bougainvillea, desert marigold, and brittlebush among others. The palette is compatible with the Montage and Pendry landscape plans. Lighting would be installed along the concrete pathways. Planning Commission Review: The Planning Commission (Commission) held a public hearing for SDP 2018- 0006 on June 26, 2018, and reviewed a letter submitted by the City’s Financial Advisory Commission (FAC) requesting the Commission consider additional park amenities including restrooms, storage facilities, shade structures, and additional shade trees (Attachment 5). The Commission recommended that the Council approve the project, consider the FAC’s request for additional park amenities, and determine that this project was previously reviewed under Environmental Assessment 2014-1003. Site Revenue: The FAC requested a 10-year projection of event park revenue; Staff is preparing these projections and they will be presented to both the FAC and Council when complete. The La Quinta Arts Festival generates approximately $66,000 in sales tax and business license revenue during the four-day event. Operations Cost: Based on the similar size to the Civic Center Campus, staff used the 2017/18 Campus operations costs to project the following operating costs for the event park: Landscape Maintenance $53,000 Electricity 30,000 Water 24,000 Personnel 19,000 Lake Service 8,400 Materials-Irrigation 3,600 Janitorial Service 3,000 Vehicle Operations 2,500 IT 2,400 Plant Replacement 1,400 Graffiti 1,400 Tree Replacement 300 TOTAL $149,000 . 308 Development Costs: The table below summarizes the design and construction costs, which are detailed on Attachment 6: Site Preparation $488,350 Site Construction/Amenities 1,912,900 Site Electrical 524,000 Landscape 428,400 Landscape Irrigation 565,000 Maintenance Establishment 18,000 Contractor Admin./Costs 590,498 Professional Services (9.5%) 430,079 Inspect./Test./Survey(9.75%) 441,397 Contingency (10%) 539,862 TOTAL $5,938,486 Additional/Alternate Items: (Attachment 6) The FAC recommended additional shade structures and trees, which are estimated to cost $213,000; these improvements may be funded through value engineering, receiving lower bids and using the savings for these items, or providing additional funds. An amphitheater, which is projected to cost $1,474,837, was not proposed at this time both for budgetary reasons and the need to perform additional environmental analysis. The CVWD water meter costs are unknown at this time and are not factored into the project costs. Project Schedule: Bid Documents Complete: November 30, 2018 Bidding Period / Award Contract: January 2019 Construction Start: March 2019 Grassing Start: July 2019 Construction Complete: September 2019 Over-seeding: October 2019 Project Final Acceptance: December 2019 LQ Arts Festival: March 2020 ALTERNATIVES The Council may approve the Venue Site SDP and Master Plan with modifications or deny the SDP and Master Plan. Prepared by: Steve Howlett, Facilities Director Chris Escobedo, Community Resources Director Gabriel Perez, Planning Manager Approved by: Frank J. Spevacek, City Manager 309 Attachments: 1. Project Information 2. Project Area Site Map 3. SilverRock Venue Site Master Plan 4. Modular Building Plans 5. Finance Advisory Committee comment letter 6. Hermann Design Group Probable Costs 310 RESOLUTION NO. 2018 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SITE DEVELOPMENT PERMIT 2018-0006, INCLUSIVE OF SITE, ARCHITECTURAL, AND LANDSCAPING PLANS FOR AN APPROXIMATELY 14-ACRE PASSIVE PARK VENUE WITHIN PLANNING AREA 11 OF THE SILVERROCK SPECIFIC PLAN CASE NUMBER: SITE DEVELOPMENT PERMIT 2018-0006 PROJECT: SILVERROCK VENUE SITE APPLICANT: CITY OF LA QUINTA WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 26th day of June, 2018, hold a duly noticed Public Hearing to consider a request by the City of La Quinta for approval of a community park venue generally located on the southeast corner of Avenue 52 and SilverRock Way, more particularly described as: APN: 776-150-022, 776-150-025 WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on June 15, 2016 for said Planning Commission Public Hearing as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and, WHEREAS, the City Council of the City of La Quinta, California did, on the 7th day of August 2018, consider Site Development Permit (SDP) 2018- 0006. WHEREAS, at said meeting, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings pursuant to Section 9.210.010 of the Municipal Code to justify approval of said Site Development Permit: 311 Resolution No. 2018 – SilverRock Venue Site Site Development Permit 2018-0006 Adopted: August 7, 2018 Page 2 of 4 1. Consistency with General Plan and SilverRock Specific Plan The land use is consistent with the General Plan land use designation of Open Space - Recreation. The proposed project is consistent with General Plan Policy PR-1.1 as the park venue will expand or modify community services to meet the health, well- being, and recreational needs of the community. The proposed project is also consistent with the SilverRock Specific Plan as public park facilities are included that accommodate special events. The project implements the goals, policies and development standards of the Specific Plan. 2. Consistency with Zoning Code The proposed development, as conditioned, is consistent with the development standards of the City’s Zoning Code and/or SilverRock Specific Plan, as applicable. The Site Development Permit has been conditioned to ensure compliance with the zoning standards and other supplemental standards as established in Title 9 of the La Quinta Municipal Code. 3. Compliance with California Environmental Quality Act (CEQA) The Design and Development Department has determined that this project is consistent with Environmental Assessment 2014-1003 and no further environmental review is required. 4. Architectural Design The architectural design of the project, including, but not limited to, the architectural style, scale, building mass, materials, colors, architectural details, and roof style are compatible with the architectural guidelines of the SilverRock Specific Plan, the approved architectural style of the SDP 2016-0005 and SDP 2016- 0009 development, and the quality of design prevalent in the city. 5. Site Design The site design of the project, including, but not limited to, project entries, interior circulation, pedestrian and bicycle access, pedestrian amenities, and exterior lighting, are consistent with the SilverRock Specific Plan and with the quality of design prevalent in the city as conditioned. 312 Resolution No. 2018 – SilverRock Venue Site Site Development Permit 2018-0006 Adopted: August 7, 2018 Page 3 of 4 6. Landscape Design Project landscaping, including, but not limited to, the location type, size, color, texture and coverage of plant materials, has been designed so as to provide visual relief, complement buildings, visually emphasize prominent design elements and vistas, screen undesirable views, provide a harmonious transition between adjacent land uses and between development and open space, and enhance the visual continuity of the project. The landscape design will be consistent with the established landscape guidelines for the SilverRock Specific Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the findings of the City Council in this case. SECTION 2. That the above project determined by the City Council to be consistent with Environmental Assessment 2014-1003 and no further environmental review is required. SECTION 3. That it does hereby approve Site Development Permit 2018- 0006, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta City Council, held on this the 7th day of August 2018, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 313 Resolution No. 2018 – SilverRock Venue Site Site Development Permit 2018-0006 Adopted: August 7, 2018 Page 4 of 4 __________________________ LINDA EVANS, Mayor City of La Quinta, California ATTEST: _______________________________ MONIKA RADEVA, Acting City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: _______________________________ WILLIAM H. IHRKE, City Attorney City of La Quinta, California 314 CITY COUNCIL RESOLUTION 2018- CONDITIONS OF APPROVAL - SITE DEVELOPMENT PERMIT 2018-0006 SILVERROCK VENUE SITE (CITY OF LA QUINTA) ADOPTED: August 1, 2018 Page 1 of 2 GENERAL 1. The Site Development Permit shall expire on August 7, 2020 and shall become null and void in accordance with La Quinta Municipal Code Section 9.200.080, unless a building permit has been issued. A time extension may be requested per LQMC Section 9.200.080. 2. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: • Riverside County Fire Marshal • La Quinta Public Works Development Division (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Water Quality Management Plan(WQMP) Exemption Form – Whitewater River Region, Improvement Permit) • Design & Development Department • Riverside Co. Environmental Health Department • Desert Sands Unified School District • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • State Water Resources Control Board • SunLine Transit Agency • SCAQMD Coachella Valley The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When these requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 3. The applicant is required to comply with development and land use standards of the SilverRock Resort Specific Plan and the La Quinta Municipal Code. 4. The Final Landscape Plan shall be submitted and consistent with the Coachella Valley Multi-Species Habitat Conservation Plan. 5. A photometric analysis shall be submitted during plan check and consistent with 315 CITY COUNCIL RESOLUTION 2018- CONDITIONS OF APPROVAL - SITE DEVELOPMENT PERMIT 2018-0006 SILVERROCK VENUE SITE (CITY OF LA QUINTA) ADOPTED: August 1, 2018 Page 2 of 2 the outdoor lighting standards of the La Quinta Municipal Code Section 9.100.150 (Outdoor Lighting). 6. The applicant shall comply with the mitigation monitoring program of EA 2014- 1003. 316 Project Information CASE NUMBER: SITE DEVELOPMENT PERMIT 2018-0006 PROJECT: SILVERROCK VENUE SITE APPLICANT: CITY OF LA QUINTA PROPERTY OWNER: CITY OF LA QUINTA LANDSCAPE ARCHITECT: HERMANN DESIGN GROUP REQUEST: ADOPT A RESOLUTION RECOMMENDING THAT THE CITY COUNCIL APPROVE SITE DEVELOPMENT PERMIT 2018-0006, INCLUDING SITE, ARCHITECTURAL, AND LANDSCAPING PLANS FOR AN APPROXIMATLEY 14 ACRE PASSIVE PARK VENUE WITHIN PLANNING AREA 11 OF THE SILVERROCK SPECIFIC PLAN LOCATION: SOUTHEAST CORNER OF AVENUE 52 AND SILVERROCK WAY GENERAL PLAN DESIGNATION: OPEN SPACE - RECREATION ZONING DESIGNATION: GOLF COURSE SURROUNDING ZONING/LAND USES: NORTH: AVENUE 52 SOUTH: GOLF COURSE (WITHIN THE SILVERROCK PROJECT) WEST: SILVERROCK WAY AND GOLF COURSE EAST: VACANT LAND (WITHIN THE SILVERROCK PROJECT) ATTACHMENT 1 317 318 ¯ Aven u e 5 2 Sil v e r r o c k W a y Jefferson StreetSITE ATTACHMENT 2 319 320 ATTACHMENT 3 ATTACHMENT 3321 322 Botanical Name Common Name WUCOLS Growth Height Growth Width Dormancy TREES Acacia anuera Mulga Low 15-20 ft 15-20 ft Evergreen and Deciduous Acacia salicina Willow Acacia Medium 20-40 ft 15 ft Evergreen and Deciduous Acacia smallii Sweet Acacia Low 10-35 ft 15-25 ft Evergreen and Deciduous Acacia stenophylla Shoestring Acacia Low 30 ft 20 ft Evergreen and Deciduous Acacia willardiana Palo Blanca Low 15-20 ft 10 ft Evergreen and Deciduous Bauhinia x blakeana Hong Kong Orchid Tree Medium 20 ft 20 ft Deciduous Caesalpinia cacalaco 'Smoothie' Cascalote Tree Low 20 ft 20 ft Evergreen and Deciduous Cercidium praecox Palo Brea Low 20 ft 25 ft Deciduous Cercidium x 'Desert Museum' Desert Museum Palo Verde Low 20 ft 20 ft Deciduous Chilopsis linearis Seedless Desert Willow Medium 15-30 ft 10-20 ft Deciduous Dalbergia sissoo Sissoo Tree Medium 30-50 ft 30 ft Semi Evergreen Ebenopsis ebano Texas Ebony Low 25-30 ft 6-15 ft Evergreen Ficus nitida 'columnar'Inidan Laurel Columns Medium 15-20 ft 4-5 ft Evergreen Lysiloma microphylla Feather Tree Low 12-15 ft 15-20 ft Evergreen and Deciduous Melaleuca quinquenervia Cajeput Tree Medium 30-40 ft 20-25 ft Evergreen Olea europea Swan Hill Medium 25-30 ft 25-30 ft Evergreen Prosopis glandulosa 'Maverick' Thornless Honey Mesquite Low 30 ft 30 ft Evergreen and Deciduous Quercus virginiana Southern Live Oak Medium 40-50 ft 40-100 ft Evergreen Sophora secundiflora Texas Mountain Laurel Low 15-25 ft 10-15 ft Evergreen Thevitia Peruviana Japanese Oleander Medium 10-15 ft 6 -10 ft Evergreen Tipuana tipu Tipu Tree Medium 25-40 ft 30-60 ft Semi Evergreen PALMS Chamaerops humilis Mediterranean Fan Palm Medium 20 ft 20 ft Palm Pachypodium lamerei Madagascar Palm Medium 18 ft 5 ft Palm Phoenix d. 'Deglet Noor'Deglet Noor Date Palm Medium 80 ft 20-25 ft Palm Phoenix dactylifera 'Zahedi'Date Palm Medium 80 ft 20-40 ft Palm Phoenix roebelenii Pygmy Date Palm Medium 6-10 ft 6-8 ft Palm Washingtonia f. hybrid California Fan Palm Hybrid Medium 60 ft 20 ftPalm Washingtonia filifera California Fan Palm Medium 60 ft 20 ft Palm Washingtonia robusta Mexican Fan Palm Medium 100 ft 10 ft Palm DESERT ACCENTS Agave americana Century Plant Very Low 6 ft 10 ft Succulent Perennials Agave angustifolia Very Low 4 ft 4 ft Succulent Perennials Agave Blue Glow Very Low 2 ft 2 ft Succulent Perennials Agave desmetiana Smooth Agave Very Low 2-3 ft 2-3 ft Succulent Perennials Agave geminiflora Twin Flowered Agave Low 2-3 ft 2-3 ft Succulent Perennials Agave palmeri Palmer Agave Low Succulent Perennials Agave parryi var truncata Artichoke Agave Low 2-3 ft 2-3 ft Succulent Perennials Agave sisilana Sisal Low 6 ft 6 ft Succulent Perennials Agave weberi Weber Agave Low 5 ft 10 ft Succulent Perennials Aloe x 'Blue Elf'Blue Elf Aloe Low 1-2 ft 1-2 ft Succulent Perennials Asclepias subulata Desert Milk Weed Low 4 ft 2 ft Perennials Dasylirion longissimum Mexican Tall Grass Low 5-10 ft 10 ft Evergreen Shrubs Dasylirion wheeleri Desert Spoon Low 4 ft Evergreen Shrubs Echinopsis pachanoi San Pedro Cactus Low 3-4 ft 5-10 ft Cacti Enhinocactus grusonii Golden Barrel Cactus Low 12 in 18 in Cacti Ferocactus Red Barrel Cactus Low 8-9 ft 3 ft Cacti Ferocactus wislizeni Arizona Barrel Cactus Low 8-9 ft 3 ft Cacti Fouquieria splendens Ocotillo Low 5-10 ft 8-25 ft Deciduous Furcraea macdougalii NCN Mod 4 -6 ft 10 -15 ft Succulent Perennials Hesperaloe parviflora Red Yucca Low 3-4 ft 5 ft Perennials Hesperaloe parviflora Desert Flamenco Low 3-4 ft 5 ft Perennials Hesperaloe parviflora Brakelights Red Yucca Low 3-4 ft 5 ft Perennials Nolina microcarpa Bear Grass Unknown 3 ft 6 ft Perennials Opuntia basilaris Beavertail Cactus Very Low 1 ft 4 ft Cacti Opuntia santarita Santa Rita Prickly Pear Very Low 2-5 ft 2-5 ft Cacti Pedilanthus macrocarpus Lady's Slipper Low 3-4 ft 4 ft Evergreen and Deciduous Yucca baccata Banana Yucca Low 3 ft 5 ft Evergreen Yucca gloriosa Spanish Dagger Low 10 ft 8 ft Evergreen 323 Botanical Name Common Name WUCOLS Growth Height Growth Width Dormancy Yucca rigida Blue Yucca Low 12 ft 5 ft Evergreen Yucca rostrata Beaked Yucca Low 10 ft 5 ft Evergreen SHRUBS Abutilon palermi Indian Mallow Medium 5 ft 5 ft Evergreen Baileya multiradiata Desert Marigold Low 1 ft 1 ft Perennials Bougainvillea 'La Jolla'Bougainvillea Medium 6 ft 6 ft Evergreen Bougainvillea 'Ooh La La'Bougainvillea Medium 2 ft 5 ft Evergreen Bougainvillea rosemka Bougainvillea Medium 3 ft 4 ft Evergreen Caesalpinia pulcherrima Mexican Bird of Paradise Low 10 ft 10 ft Deciduous Calliandra californica Baja Fairy Duster Low 5 ft 5-6 ft Evergreen and Deciduous Callistemon viminalis Little John Medium 3 ft 3 ft Evergreen Carissa macrocarpa Boxwood Beauty Carissa Medium 5-7 ft 5-7 ft Evergreen Chrysactinia mexicana Damianita Daisy Low 2 ft 2ft Evergreen Convolvulus cneorum Bush Morning Glory Low 2-4 ft 2-4 ft Evergreen Dianella tasmanica Tasman Flax Lily Medium 3-4 ft Perennials Encelia farinosa Brittle Bush Very Low 3-4 ft 3-4 ft Deciduous Eremophila "Blue Bells Blue Bells Low 3 ft 3 ft Evergreen Eremophila glabra Winter Blaze Low 3-4 ft 4-5 ft Evergreen Eremophila maculata Valentine Bush Low 6-8 ft 5 ft Evergreen Eremophila X "Summertime blue" Summertime Blue Low 6 ft 10 ft Evergreen Euphorbia milii Crown of Thorns Low 1-4 ft 1 1/2 ft Evergreen and Deciduous Jasminum sambac Arabian Jasmine Medium 4 ft 5 ft Evergreen Justicia californica 'Jule'Chuparosa Very Low 6 ft 6 ft Semi Evergreen and Deciduous Larrea tridentata Creosote Bush Very Low 4-8 ft 4-8 ft Evergreen Leucophyllum frutescens Green Cloud Low 6-8 ft 6-8 ft Evergreen Leucophyllum laevigatum Chihuahuan Sage Low 4 ft 5 ft Evergreen Leucophyllum langmaniae Rio Bravo Low 5 ft 5 ft Evergreen Leucophyllum langmaniae Lynn's Legacy Low 5 ft 5 ft Evergreen Penstemon eatonii Firecracker Penstemon Medium 1-3 ft 1-3 ft Perennials Portulacaria Afra Elephants Food Low 12 ft 12 ft Succulent Shrub Rhus ovata Sugar Bush Low 4-10 ft 4-10 ft Evergreen and Perennial Shrub Rosmarinus Rosemary Medium Varies Evergreen Ruellia brittoniana 'Katie'Dwarf Ruellia Low 3 ft 1-2 ft Evergreen and Perennial Shrub Ruellia pennisularis Desert Ruellia Low 3 ft 1-2 ft Perennials Russelia equisetiformis Coral Bells Medium 5 ft 5 ft Perennials Salvia clevelandii Chaparral Sage Low 3-5 ft 5-8 ft Evergreen and Perennial Shrub Salvia greggii Autumn Sage Low 1-4 ft 1-4 ft Evergreen and Deciduous Senna nemophila Desert Cassia Low 3-5 ft 3-5 ft Evergreen Simmondsia chinensis Desert Cassia Low 3-6 ft 3-6 ft Evergreen Simmondsia chinensis Jojoba Low 3-6 ft 3-6 ft Evergreen Sphaeralcea ambigua Globe Mallow unknown 3-4 ft 2-3 ft Perennials Tecoma stans Yellow Bells Low 25 ft 10-20 ft Evergreen Tecoma x 'Orange Jubilee'Tecoma Alata Low 8 ft 4-5 ft Evergreen Tecomaria capensis Cape Honeysuckle Medium 6-8 ft 4-5 ft Evergreen Shrub Thevitia peruviana Japanese Oleander Medium 10 ft 6 ft GROUNDCOVER Acacia redolens 'Desert Carpet' Trailing Acacia Low 1-6 ft 15 ft Evergreen and Deciduous Carissa macrocarpa Green Carpet Medium 5-7 ft 5-7 ft Evergreen Dalea capitata Sierra Gold Medium 8 inches 3 ft Evergreen and Deciduous Dalea greggii Trailing Indigo Bush Low 1 1/2 ft 6 ft Evergreen and Deciduous Eremophila glabra "Mingenew Gold" Outback Sunrise Emu Low 1' 8-10 ft Evergreen Evolvulus glomeratus Hawaiian Blue Eyes Medium 1 ft 2-3 ft Perennials Lantana Dallas Red Medium 4-6 ft 4-6 ft Evergreen Shrub Lantana camara 'Radiation'Radiation Lantana Medium 3-5 ft 3-5 ft Evergreen Shrub Lantana montevidensis Purple Trailing Lantana Medium 2 ft 6 ft Evergreen Shrub Lantana x 'New Gold'New Gold Lantana Medium 2-3 ft 6-8 ft Evergreen Shrub Myoporum Medium 3-6 inches 9 ft Evergreen Trachelospermum jasmine Star Jasmine Medium 12 ft 36 ft Evergreen Wedelia trilobata Creeping Daisy Medium 1-2 ft 6 ft Perennial GRASSES 324 Botanical Name Common Name WUCOLS Growth Height Growth Width Dormancy Aristida purpurea Purple Three-awn Unknown 3 ft Perennial Muhlenbergia capillaris Regal Mist Medium 3 ft 6 ft Perennial Muhlenbergia lindeimeri Autumn Gold Medium 5 ft 5 ft Perennial VINES Bougainvillea species Medium Varies Evergreen Calliandra haematocephala Pink Powder Puff Medium 10 ft 10 ft Evergreen Duranta repens Skyflower Medium 10-25 ft 6-10 ft Evergreen Ipomoea tricolor Morning Glory Medium 10-15 ft Evergreen Macfadyena unguis-cati Cat Claw Vine Medium 30 ft 30 ft Evergreen Rosa banksiae Lady Banks' Rose Medium Varies Evergreen 325 Type: Model: Project: wwww.intrigueled.com N60 W14592 Kaul Avenue Menomonee Falls, WI 53051 P: (877) 965 0005 F: (262) 436 1745 General: The cast louvers on the Allure Bollard provide excellent downward light for low-level path and walkway applications. Cast louvers shield the light source and globe, reducing overall glare. Housing: Cast low-copper content aluminum tops, lamp chamber, and base. Extruded aluminum bollard tube. Stainless steel exterior hardware. Lens: Heat-treated tempered glass globe with an overall height of 8.3”. Available in clear (-CL) or opal (-OL) styles. Attachment Collar: Mechanically attached to the heat sink; LED module inserted into the locater insert tab collar and connected via a ‘twist-and-lock’ motion. LED Module: Available wattages: 10.5w, 14.5w, and 21w. Available color temperatures: 2700K, 3000K, 3500K, and 4000K. CRI > 80. Rated life = 50,000 hours. Heat Sink: Supplied with 6” cylindrical heat sink; powder coat finish; providing an overall heat-sinking surface area of 384 square inches. LED Driver: LED 36W DC 700mA aluminum; universal input voltage 120v-277v; output current 700mA; dimmable with trailing edge dimmers. 347v option available. Finish: Textured polyester powder coat finish. Black, bronze, gray, white, silver, and verde green options available. Contact factory for woodgrain finish and custom color options. Gaskets: EPDM gaskets are standard. Dimensions: Available in 6.3" diameter with overall height options of 30” and 42”. Contact factory for custom heights. Tops: Four (4) top styles available: beveled (-B), cone (-C), dome (-D), and flat (-F) Mounting: Mount the fixture using the provided mounting template and ½” anchor bolt kit (4 bolts). Option for Tamper Resistant Hardware (-TRH). Listings: UL Listed 1598 for Wet Locations and suitable for mounting within 4' of ground. Indoor/Outdoor listed for use in Canada. Size Top Style A B C Beveled 40.5" 6.24" 9.5" Flat 40.5" 6.24" 9.5" Dome 41.3" 6.24" 10.3" Cone 41.1" 6.24" 10.1" Note: standard 42" model dimensions. For optional 30" model, subtract 12" from dimension 'A'. 6" ALLURE BOLLARD G E I n f u s i o n L E D 326 Type: Model: Project: wwww.intrigueled.com N60 W14592 Kaul Avenue Menomonee Falls, WI 53051 P: (877) 965 0005 F: (262) 436 1745 F I X T U R E D E T A I L ჱ 11LED 10.5w LED module ჱ 15LED 14.5w LED module ჱ 21LED 21.0w LED module ჱB Beveled ჱC Cone ჱD Dome ჱF Flat Top ჱGFI Cast outlet box with cover for GFI receptacle (by others) ჱHSS 180ሖHouse Side Shield ჱMS PIR Motion Sensors (3) ჱBLK Black ჱBRZ Bronze ჱGRY Grey ჱSIL Silver Content of specification sheets is subject to change. Please consult website for current product detail. WATTS TOP STYLE LENS OPTIONS FINISH ჱ 27K 2700K; CRI >80 ჱ 30K 3000K; CRI >80 ჱ 35K 3500K; CRI >80 ჱ 40K 4000K; CRI >80 LED COLOR ჱ30” 30” overall height ჱ42” 42” overall height HEIGHT 1,000 95 2700 1,100 105 3000 1,100 105 3500 1,100 105 4000 1,400 97 2700 1,500 103 3000 1,500 103 3500 1,100 105 4000 2,000 95 2700 2,100 100 3000 2,200 105 3500 2,200 105 4000 50,000 hrs 700mA 20.7 15.0 10.5 14.5 21 > 80 > 80 > 80 50,000 hrs 700mA 15.0 50,000 hrs 700mA ჱVGN Verde Green ჱWHT White ჱWGF Woodgrain Finish - consult factory ჱCC Custom Color – consult factory SERIES DIAMETER MOUNTING WATTS CCT (kelvin) TOP STYLE LENS OPTIONS HEIGHT FINISH AR --6 - B - - - - - - - ჱCL Clear Tempered Glass Globe ჱOL Opal Tempered Glass Globe (frosted) 327 Type: Model: Project: wwww.intrigueled.com N60 W14592 Kaul Avenue Menomonee Falls, WI 53051 P: (877) 965 0005 F: (262) 436 1745 B O L L A R D D E T A I L S ჱ GFI Outlet box mounted 16” on center from bottom of bollard tube. Cast aluminum outlet box internally welded and sealed with gasketed spring-loaded hinge cover. Cover shall be die cast metal construction with finish to match bollard. Typical cover will be lockable, single-gang weatherproof receptacle cover (Bell #MX1050S or similar). (for wet and damp locations when cover is closed) Electrical receptacle not supplied due to variations in municipal electrical codes. ჱHSS Asymmetric light distribution eliminates backlight in unwanted areas. Field adjustable shield constructed of sheet aluminum covering a 180 degree arc. Outward facing side can be finished to match fixture. Content of specification sheets is subject to change. Please consult website for current product detail. RECEPTACLE BOX HOUSESIDE SHIELD ჱMS Motion Sensor option includes (3) passive infrared (PIR) sensors to detect motion. When motion is not detected for a 3-1/2 minute period, luminaire will automatically dim to 20% power and light. Once motion is again detected, luminaire immediately ramps up to 100% power and light output until motion is not detected for another 3-1/2 minute period. MOTION SENSOR g ). 328 Type: Model: Project: wwww.intrigueled.com N60 W14592 Kaul Avenue Menomonee Falls, WI 53051 P: (877) 965 0005 F: (262) 436 1745 LARGE EUROTECH L E D F u l l C u t o f f P o s t T o p General Description: Large Eurotech Full-Cutoff is a fully shielded full-cutoff fixture. The LED module is positioned in the upper housing above the shade providing full cutoff per IESNA standards. Construction: Top, housing, mounting gear constructed of cast low-copper content aluminum. Stainless steel external hardware to protect against corrosion. Triple Rings are standard; No Ring (-NR) option available. Shade: Shall be spun aluminum with a white painted underside and specified topside finish. Shade shall have beaded edge for added strength. Optional materials available – consult factory. Lens: Heat resistant, tempered (0.188” thick) soda-lime, clear glass lens provides a Type V distribution. LED Light Engine: Horizontal LED module located in upper housing. Color temperatures include: 2700K, 3000K, 3500K, and 4000K with minimum CRI of 80. For other color temperature options, consult factory. Driver: Mounted in fixture base at pole-top, constant current LED driver; drive currents of 1000mA, 1500mA, and 2000mA available. Heat Sink: Finned heat sink shall be extruded aluminum and located in upper housing above LED module. Decorative Top: Three (3) top styles available: Cone, Dome and Flat Top. Mounting: Pole mounted. Mounting hub fits onto standard 2-3/8” tenon and secured in place with four 1/4“-20 set screws to prevent rotation. Quick disconnect assembly inside pole provides easy wiring of fixture to driver bracket frame. Poles: See Intrigue “Pole Specification Guide”. Finish: Textured polyester powder coat finish. Black, bronze, grey, white, silver, and verde green available. For custom colors, please consult factory. Gaskets: EPDM gaskets are standard. EPA and Weight: EPA = 0.94ft2 Weight = 41lbs Listings: ETL listed to UL 1598 for Wet Locations. Indoor/Outdoor listed for use in Canada. Shown with standard triple rings and standard spun shade mounted on a 4” diameter pole. Mounting hub fits onto 2-3/8” OD pole top tenon. 329 Catalog # :Project : Date :Prepared By : LSI Industries Inc. 10000 Alliance Rd. Cincinnati, OH 45242 • www.lsi-industries.com • (513) 372-3200 • ©LSI Industries Inc. All Rights Reserved. ARRA Funding CompliantFeatures & Specifications Optical System • State-of-the-Art one piece silicone optic sheet delivers industry leading optical control with an integrated gasket to provide IP66 rated sealed optical chamber in 1 component. • Proprietary silicone refractor optics provide exceptional coverage and uniformity in IES Types 2, 3, 5W, FT and FTA. • Silicone optical material does not yellow or crack with age and provides a typical light transmittance of 93%. • Zero uplight. • Available in 5000K, 4000K, 3000K, 2700K and Amber color temperatures per ANSI C78.377. • Minimum CRI of 70. Optional 80 CRI available, consult factory for lead time. • Integral Louver (IL) option available for improved back-light control without sacrificing street side performance. See page 5 for more details. Electrical • High-performance driver features over-voltage, under-voltage, short-circuit and over temperature protection. • 0-10V dimming (10% - 100%) standard. • Standard Universal Voltage (120-277 Vac) Input 50/60 Hz or optional High Voltage (347-480 Vac). • L80 Calculated Life: >100k Hours (See Lumen Maintenance on Page 3) • Total harmonic distortion: <20% • Operating temperature: -40°C to +50°C (-40°F to +122°F). 42L lumen package rated to +40ºC. • Power factor: >.90 • Input power stays constant over life. • Field replaceable surge protection device meets a minimum Category C Low operation (per ANSI/IEEE C62.41.2). • High-efficacy LEDs mounted to metal-core circuit board to maximize heat dissipation • Terminal block provided accepts up to 10ga wire. • Components are fully encased in potting material for moisture resistance. Driver complies with FCC standards. Driver and key electronic components can easily be accessed. Slice Medium - SLM Outdoor LED Area Light The Slice’s sleek design makes it perfectly- suited for Commercial & Industrial applications, while its cost-effective die-cast aluminum housing makes its acquisition cost very competitive. The Slice offers high performance silicone optics, die cast aluminum housing, 42,000+ lumens and is available with integral Airlink Synapse controls. Product Dimensions IP66 4 15/16" (126mm) 16" (407mm) 13-3/8" (340mm) 28-11/16" (729mm) 2.4" (61mm) ø.88" (22mm) 1.2" (30mm) IMS Motion & Daylight Sensor Bottom View Top View Photo Control Receptacle Out The Slice’s sl suit applic die-cast acquisit Slice of optics, die ca lumens and 330 06/04/18LSI Industries Inc. 10000 Alliance Rd. Cincinnati, OH 45242 • www.lsi-industries.com • (513) 372-3200 • ©LSI Industries Inc. All Rights Reserved. Slice Medium - SLM Outdoor LED Area Light PerformanceFeatures & Specifications (Cont.) Construction • Rugged die-cast aluminum housing contains factory prewired driver and optical unit. Cast aluminum wiring access door located underneath. • Designed to mount to square poles. • Luminaire is proudly manufactured in the U.S.of U.S. and imported parts. • IP66 rated luminaire protects integral components from harsh environments. • 3G rated for ANSI C136.31 high vibration applications • Fixtures are finished with LSI’s DuraGrip® polyester powder coat finishing process. The DuraGrip finish withstands extreme weather changes without cracking or peeling. Other standard LSI finishes available. Consult factory. • Shipping weight: 30 lbs in carton. Controls • Optional integral passive infrared motion and daylight sensor activates switching of luminaire light levels (see page 6 for more details). • 7-pin ANSI C136.41-2013 photocontrol receptacle option available for twist lock photocontrols or wireless control modules. • LSI’s AirLink™ wireless control system options reduce energy and maintenance costs while optimizing light quality 24/7. (see page 6 for more details) Installation • A single fastener secures the hinged door, underneath the housing and provides quick & easy access to the electrical compartment for installing/ servicing. • Included terminal block provides quick and easy on-site wiring. • Utilizes LSI’s traditional 3” drill pattern for easy fastening of LSI products. (See drawing on page 1) Warranty • LSI LED Fixtures carry a 5-year warranty. Listings • Listed to UL 1598 and UL 8750. • RoHS Compliant. • American Recovery and Reinvestment Act Funding Compliant. • IDA compliant; with 3000K color temperature selection. • Suitable For wet Locations. • IP66 rated Luminaire. IP66 rated optical chamber. • 3G rated for ANSI C136.31 high vibration applications LUMINAIRE EPA CHART - SLM Single D180° D90° T90° TN120° Q90° 0.6 1.1 0.9 1.9 1.9 2.1 ELECTRICAL DATA* Watts 208V 240VLumens120V 277V 347V 9L 68.2 0.6A 0.3A 0.3A 0.2A 0.2A 0.1A 12L 93.1 0.8A 0.4A 0.4A 0.3A 0.3A 0.2A 18L 148.5 1.2A 0.7A 0.6A 0.5A 0.4A 0.3A 24L 188.8 1.6A 0.9A 0.8A 0.7A 0.5A 0.4A 30L 248.6 2.1A 1.2A 1.0A 0.9A 0.7A 0.5A 36L 317.8 2.6A 1.5A 1.3A 1.1A 0.9A 0.7A 42L 393.4 3.3A 1.9A 1.6A 1.4A 1.1A 0.8A 480V *Electrical data at 25C (77F). Actual wattage may differ by +/-10% RECOMMENDED LUMEN MAINTENANCE1(24-42L) 75 hr325 hr2 50 hr2 0-40 C 100% 100% 97% 94% 92% Initial2Ambient 100 hr3 RECOMMENDED LUMEN MAINTENANCE1(9-18L) 75 hr325 hr2 50 hr2 0-50 C 100% 96% 91% 87% 83% Initial2Ambient 100 hr3 1- Lumen maintenance values at 25C are calculated per TM-21 based on LM-80 data and in-situ testing. 2- In accordance with IESNA TM-21-11, Projected Values represent interpolated value based on time durations that are within six times the IESNA LM-80-08 total test duration for the device under testing. 3- In accordance with IESNA TM-21-11, Calculated Values represent time durations that exceed six times the IESNA LM-80-08 total test duration for the device under testing Slice ALSCH Satelite # Input Current (Amps)Satelites Supported VAC 42L 36L 30L 24L 18L 12L 9L 42L 36L 30L 24L 18L 12L 9L 110 3.6 2.9 2.3 1.7 1.4 0.8 0.6 0 0 1 1 2 4 4 120 3.4 2.6 2.1 1.6 1.2 0.8 0.6 0 0 1 2 2 4 4 208 1.9 1.5 1.2 0.9 0.7 0.4 0.3 1 2 3 4 4 4 4 240 1.6 1.3 1.0 0.8 0.6 0.4 0.3 1 2 3 4 4 4 4 277 1.4 1.1 0.9 0.7 0.5 0.3 0.2 2 3 4 4 4 4 4 347 1.1 0.9 0.7 0.5 0.4 0.3 0.2 3 4 4 4 4 4 4 480 0.8 0.7 0.5 0.4 0.3 0.2 0.1 4 4 4 4 4 4 4 Specifications and dimensions subject to change without notice. 331 LSI Industries Inc. 10000 Alliance Rd. Cincinnati, OH 45242 • www.lsi-industries.com • (513) 372-3200 • ©LSI Industries Inc. All Rights Reserved. Slice Medium - SLM Outdoor LED Area Light *LED Chips are frequently updated therefore values are nominal CRI Delivered Lumens Efficacy BUG Rating Delivered Lumens 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 18L 24L 09L 12L Lumen Package Distribution 3000K CCT 4000K CCT 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 70 36L 42L Efficacy BUG Rating Delivered Lumens Efficacy BUG Rating Wattage 5000K CCT 70 70 70 70 2 2 - IL 3 3 - IL 5W FT FT- IL FTA FTA - IL 2 2 - IL 3 3 - IL 5W FT FT- IL FTA FTA - IL 2 2 - IL 3 3 - IL 5W FT FT - IL FTA FTA - IL 2 2 - IL 3 3 - IL 5W FT FT - IL FTA FTA - IL 2 2 - IL 3 3 - IL 5W FT FT- IL FTA FTA - IL 2 2 - IL 3 3 - IL 5W FT FT- IL FTA FTA - IL 2 2 - IL 3 3 - IL 5W FT FT- IL FTA FTA - IL 8956 5632 9088 6608 8431 9046 5782 8993 6847 11842 7447 12017 8738 11149 11962 7645 11891 9053 17722 11144 17984 13077 16685 17901 11441 17796 13549 24122 14595 24945 17364 22673 24276 15254 24715 16738 30286 18324 31319 21801 28843 30479 19152 31030 21015 36082 21831 37313 25974 34363 36313 22817 36969 25037 41060 24843 42461 29557 39104 41323 25965 42069 28491 131 81 133 95 123 133 84 131 99 127 80 129 94 120 128 82 128 97 119 75 121 88 112 121 77 120 91 128 78 132 92 122 129 81 131 89 122 74 126 88 116 123 77 125 85 114 69 117 82 108 114 72 116 79 104 63 108 75 99 105 66 107 72 B2-U0-G2 B1-U0-G1 B2-U0-G2 B0-U0-G2 B3-U0-G2 B2-U0-G2 B0-U0-G2 B2-U0-G2 B1-U0-G1 B3-U0-G2 B1-U0-G2 B2-U0-G2 B0-U0-G2 B4-U0-G2 B2-U0-G2 B0-U0-G2 B3-U0-G3 B1-U0-G1 B3-U0-G3 B1-U0-G2 B2-U0-G3 B1-U0-G2 B4-U0-G2 B3-U0-G3 B1-U0-G3 B3-U0-G3 B1-U0-G2 B4-U0-G3 B1-U0-G2 B3-U0-G3 B1-U0-G3 B5-U0-G3 B3-U0-G4 B1-U0-G3 B3-U0-G3 B1-U0-G2 B4-U0-G3 B1-U0-G2 B3-U0-G4 B1-U0-G4 B5-U0-G3 B3-U0-G4 B1-U0-G3 B3-U0-G3 B1-U0-G2 B4-U0-G4 B2-U0-G3 B3-U0-G4 B1-U0-G4 B5-U0-G4 B3-U0-G5 B1-U0-G4 B4-U0-G4 B1-U0-G2 B5-U0-G4 B2-U0-G3 B4-U0-G5 B1-U0-G4 B5-U0-G4 B4-U0-G5 B1-U0-G4 B4-U0-G4 B1-U0-G2 9427 5928 9566 6956 8875 9522 6086 9466 7207 12465 7839 12649 9198 11735 12591 8048 12517 9530 18655 11731 18930 13765 17563 18843 12044 18732 14262 24851 15036 25699 17889 23667 25010 15715 25462 17244 31201 18878 32266 22460 29715 31401 19731 31969 21650 37173 22491 38442 26759 35402 37411 23507 38087 25794 42301 25594 43745 30451 40286 42572 26750 43341 29353 138 86 140 101 130 140 88 138 104 134 84 136 99 126 135 86 134 102 126 79 127 93 118 127 81 126 96 132 80 136 95 125 132 84 135 92 126 76 130 90 120 126 79 129 87 117 71 121 84 111 118 74 120 81 108 65 111 77 102 108 68 110 75 B2-U0-G2 B1-U0-G1 B2-U0-G2 B0-U0-G2 B3-U0-G2 B2-U0-G2 B0-U0-G2 B2-U0-G2 B1-U0-G1 B3-U0-G2 B1-U0-G1 B2-U0-G2 B0-U0-G2 B4-U0-G2 B2-U0-G2 B1-U0-G2 B3-U0-G3 B1-U0-G1 B3-U0-G3 B1-U0-G2 B3-U0-G3 B1-U0-G2 B4-U0-G2 B3-U0-G3 B1-U0-G3 B3-U0-G3 B1-U0-G2 B4-U0-G3 B1-U0-G2 B3-U0-G4 B1-U0-G3 B5-U0-G3 B3-U0-G4 B1-U0-G3 B3-U0-G3 B1-U0-G2 B4-U0-G3 B1-U0-G2 B3-U0-G4 B1-U0-G4 B5-U0-G3 B3-U0-G4 B1-U0-G3 B4-U0-G3 B1-U0-G2 B4-U0-G4 B2-U0-G3 B3-U0-G4 B1-U0-G4 B5-U0-G4 B4-U0-G5 B1-U0-G4 B4-U0-G4 B1-U0-G2 B5-U0-G4 B2-U0-G3 B4-U0-G5 B1-U0-G4 B5-U0-G4 B4-U0-G5 B1-U0-G4 B4-U0-G4 B1-U0-G3 9838 6186 9983 7259 9262 9937 6351 9879 7521 13009 8180 13200 9599 12247 13140 8398 13062 9945 19468 12242 19755 14365 18328 19664 12568 19549 14883 25119 15198 25976 18082 23823 25280 15885 25737 17430 31538 19082 32614 22703 30036 31740 19944 32314 21884 37574 22734 38857 27048 35784 37815 23761 38498 26073 42758 25871 44217 30779 40721 43032 27039 43809 29670 144 89 146 105 135 146 92 144 109 140 88 142 103 132 141 90 140 107 131 82 133 97 123 132 85 132 100 133 81 138 96 127 134 85 136 93 127 77 131 91 121 128 80 130 88 118 72 122 85 113 119 75 121 82 109 66 112 78 104 109 69 111 75 B2-U0-G2 B1-U0-G1 B2-U0-G2 B0-U0-G2 B3-U0-G2 B2-U0-G2 B0-U0-G2 B2-U0-G2 B1-U0-G1 B3-U0-G2 B1-U0-G1 B2-U0-G2 B0-U0-G2 B4-U0-G2 B2-U0-G3 B1-U0-G2 B3-U0-G3 B1-U0-G1 B3-U0-G3 B1-U0-G2 B3-U0-G3 B1-U0-G3 B4-U0-G2 B3-U0-G4 B1-U0-G3 B3-U0-G3 B1-U0-G2 B4-U0-G3 B1-U0-G2 B3-U0-G4 B1-U0-G3 B5-U0-G3 B3-U0-G4 B1-U0-G3 B3-U0-G3 B1-U0-G2 B1-U0-G2 B1-U0-G2 B3-U0-G4 B1-U0-G4 B5-U0-G4 B3-U0-G5 B1-U0-G4 B4-U0-G3 B1-U0-G2 B4-U0-G4 B2-U0-G3 B4-U0-G4 B1-U0-G4 B5-U0-G4 B4-U0-G5 B1-U0-G4 B4-U0-G4 B1-U0-G2 B5-U0-G4 B2-U0-G3 B4-U0-G5 B1-U0-G4 B5-U0-G4 B4-U0-G5 B1-U0-G4 B4-U0-G4 B1-U0-G3 248.6 148.5 188.8 68.2 93.1 248.6 317.8 393.4 DELIVERED LUMENS* 30L 332 LSI Industries Inc. 10000 Alliance Rd. Cincinnati, OH 45242 • www.lsi-industries.com • (513) 372-3200 • ©LSI Industries Inc. All Rights Reserved. FT 5W Type 3 Type 2FTA Performance (Cont.) All published luminaire photometric testing performed to IESNA LM-79 standards. ISO footcandle plots below demonstrate the Slice (SLM) light patterns only. Not for total fixture output. For complete specifications and IES files, see website. Slice Medium - SLM Outdoor LED Area Light Ordering Guide Luminaire Prefix Light Source Lumen Package Light Output Distribution Orientation 11 Voltage Driver SLM (Slice) LED 9L - 9,000 lms 12L - 12,000 lms 18L - 18,000 lms 24L - 24,000 lms 30L - 30,000 lms 36L - 36,000 lms 42L - 42,000 lms *Consult factory for program- mable wattages and lumen packages SIL - Silicone 2 - Type 2 3 - Type 3 5W - Type 5 Wide 11 FT - Type Forward Throw FTA - Forward Throw Automotive (blank) - standard L- Optics rotated left 90 R - Optics rotated right 90 UNV - Universal Voltage (120-277V) HV - High Voltage (347- 480V) DIM - 0-10v Dimming (0-10%) TYPICAL ORDER EXAMPLE: SLM LED 36L SIL FTA UNV DIM 50 ALSC BRZ IL Color Temp Color Rendering Controls Finish Options 50 - 5,000 CCT 40 - 4,000 CCT 30 - 3,000 CCT 27 - 2,700 CCT 1 AMB - Amber 1 70$3* - 70 CRI 80$3* - 80 CRI1 (Blank) - None Wireless Controls System ALSC - AirLink Synapse Control System 2, 3 ALSCH - AirLink Synapse Control System 3, 4, 10 Host / Satelite IMSS - Integral motion & Daylight Sensor 24V (for use with ALSC/ALSCH)6, 7, 14 Stand-Alone Controls EXT - 0-10v Dimming 5 IMS - Integral Motion & Daylight Sensor 6, 7 BRZ - Bronze BLK - Black GPT - Graphite MSV - Metallic Silver WHT - White PLP - Platinum Plus SVG - Satin Verde Green (Blank) - None Button Type Photocells8 PCI120 - 120V PCI208 - 208V PCI240 - 240V PCI277 - 277V PCI347 - 347V PCR7P9 - 7 Pin Photoelectric Control Receptacle IL - Integral Louver HSS 333 06/04/18LSI Industries Inc. 10000 Alliance Rd. Cincinnati, OH 45242 • www.lsi-industries.com • (513) 372-3200 • ©LSI Industries Inc. All Rights Reserved. Slice Medium - SLM Outdoor LED Area Light FOOTNOTES: 1 - Consult Factory for availability & Lead Time. 2 - Not available with ALSCH, PCR7P, EXT and Button Type Photocells. 3 - Not available in HV. 4 - Not available with ALSC, PCR7P, EXT and Button Type Photocells. 5 - Not compatible with IMS, Wireless Controls System, Button Type Photcells and PCR7P 6 - Not available with EXT and Button Type Photocells. 7 - IMS is a Dual Sensor (Daylight & Motion) which is field adjustable, via a hand held Remote Configurator Tool, which must be ordered separately. See Accessory Ordering Information.’ 8 - Not available with EXT, IMS, Wireless Controls Systems and PCR7P. Description Order Number Description Order Number PC 120 Photocell for use with PCR option (120v)14 122514 PMOS24 - 24V Pole-Mount Occuppancy Sensor 15 663284CLR PC208-277 Photocell for use with PCR option (208V, 240V, 277V) 14 122515 FK120 Single Fusing (120V) 13 FK120 PC347 Photocell for use with PCR option (347V) 14 122516 FK277 Single Fusing (277V) 13 FK277 PC480 Photocell for use with PCR option (480V) 14 1225180 DFK480 Double Fusing (480V) 13 DFK480 ALSC UNV TL5 - AirLink 5 12 661409 BLS XBO WM CLR Wall Mount Bracket 15 382132CLR ALSC UNV TL7 - AirLink 7 12 661410 IMS/PC Remote Configurator Tool 5849929 IL - Integral louver HSS 684812 Accessory Ordering Information 9 - Not available with ALSC, ALSCH, Button Type Photocells, IMS. Photocell must be ordered separately. 7 pin standard. See Accessory Ordering Information. 10 - See ALSCH configuration support table on page 2. 11 - 90L & 90R option not available on “Type 5W” distribution. See Options. 12 - Factory installed PCR7P option required. See Accessories. 13 - Fusing must be located in hand hole of pole. 14 - Not available with Wireless Control systems and IMS. 15 - “CLR” denotes finish. See Finish options. 16 - Must be used with ALSC or ALSCH controls. Accessories/Options Integral Louver (IL) Accessory Integral Louver available for improved back-light control without sacrificing street side performance. 7 Pin Photoelectric Control 7-pin ANSI C136.41-2013 control receptacle option available for twist lock photocontrols or wireless control modules. Control accessories sold sep- arately. Dimming leads from the receptacle will be connected to the driver dimming leads (Consult factory for alternate wiring). Fixture Shown with PCR 7P Luminaiare shown with Integral Louver (IL) Optics Rotated Left Straight Optics Rotated Right Use Type R (Optics Rotated Right) Pole EXAMPLE Use Type L (Optics Rotated Left) Optics Rotation 334 LSI Industries Inc. 10000 Alliance Rd. Cincinnati, OH 45242 • www.lsi-industries.com • (513) 372-3200 • ©LSI Industries Inc. All Rights Reserved. Slice Medium - SLM Outdoor LED Area Light Sales controls.sales@lsi-industries.com Support controls.support@lsi-industries.com 1 (800) 436-7800 (support, option 8) More information For more information on AirLink, visit our website at www.lsi-airlink.com/airlink Contact LSI Controls Stand-alone Controls: Occupancy/Daylight Sensor (IMS/IMSS) Optional integral passive infrared motion and daylight sensor activates switching of luminaire light levels. Standard Factory settings: High level light is activated and increased to full bright upon detection of motion; photocell is disabled, use Remote Configurator Tool to program. Lowlight level (10% maximum drive current) is activated when target zone is absent of motion activity for ~5 minutes. See coverage diagram for detection cone. Optional configurator tool allows for easy and safe program- ming of each luminaire from ground level. LSI offers a variety of integrated controls options which are compatible with the Slice Area Light and factory-installed for your convenience. 1 Wireless Lighting Control System: AirLink™ enabled by Synapse® AirLink is perfect for sites that require more functionality, customization and site-wide connectivity & control. LSI offers two options for this specific feature: the factory-integrated AirLink Wireless Lighting Controller or Photoelectric Control Receptacle with AirLink Twist Lock Controller (accessory). Both options provide seamless integration into the AirLink system and its self-healing mesh network. Other features of this system include: utility grade power monitoring (-2% accuracy); remote control and scheduling; flexible 0–10V dimming control; on/off switching; secure, over-the-air upgrades to support future enhancements, status monitoring of your lighting fixtures; and 5 year limited warranty. The AirLink system radio: SNAP 2.4 GHz; 802.15.4; +20 dBm Transmit Power; -105 dBm Receive Sensitivity; excellent RF Range — 1,000ft LoS between controllers. See next page for more info. For full product and system specifications visit www.lsi-airlink.com/airlink-synapse/ 2 IMS/IMSS Coverage Diagram SIDE VIEW TOP VIEW 0 27' 40' 50'50'40'40'30' 30'20'20'0'01'01 0 0 50' 25' 25' 25' 25' 50' 100' Remote Configurator Tool IMS/IMSS Luminaire Shown With IMS/IMSS 335 06/04/18LSI Industries Inc. 10000 Alliance Rd. Cincinnati, OH 45242 • www.lsi-industries.com • (513) 372-3200 • ©LSI Industries Inc. All Rights Reserved. Slice Medium - SLM Outdoor LED Area Light Features • Integrated Photocell • ANSI C136.41 Dimming Receptacle Support • Digital sensor input for motion sensing (ALSC UNV TL7 only) • Dimensions: 4.53” W x 2.68” H (115mm W x 68mm H) Regulatory Approvals • FCC, IC certified • UL and DLC Listed Power and Performance • Operating environmental: -40°F to 158°F (-40°C to 70°C); 20% to 90% RH non-condensing; IP66 • Input power: 100–277 VAC +/- 10% (Max 305V)50/60 Hz • Switched output: Default ON • Load rating: 5A @ 100V to 277V (+/- 10%) • Dimming output: maximum current 10mA • Sensor input: One digital input that can be used for motion-based lighting controls (ALSC UNV TL7 only) • Power readings: Voltage, Watts TM enabled by Synapse® 1 2 Features • True On/Off functionality via switched relay • Relay closes on power loss • Supports a wide range of LED drivers and fixtures • Direct Connect up to two (2) to 24V Occupancy Sensors and Photocells (consult sales for compatible list) • Available in a metal cased version with quick connect terminal blocks • Lights default to on for safety • Dimensions: 8.2” L x 2.3” W x 1.3” H (209mm L x 59mm W x 33mm H) without antennas Regulatory Approvals • FCC, IC, CE certified • cULus and DLC Listed • California Title 24 compliant Power and Performance • Operating environmental: -40°F to 131°F (-40°C to 55°C) • Input power: 100–277 VAC +/- 10% (Max 305V)47/64 Hz • Switched output: Default ON; Zero Cross Switching • Load rating: 5A @ 100V to 277V (+/- 10%) • Dimming: 0–10V control; Output: Class 1/2 - 20mA Source Max / 50mA Sink Max • Sensors inputs: 0–10V (photocell sensors), 0–24V (all other sensors); Sensor power supply: 24VDC @ 50mA Wireless Lighting Controller 5 Pin & 7 Pin Twist Lock (accessory with Photoelectric Control Receptacle) Integrated Wireless Lighting Controller 336 IP67 At Grade LS411LED Omnio Mini LS6054 Groundmount Stake (order separately) Specifications Lamp Source 9 W or 15 W LED ٪ White (4 300 K typical)٩ Warm white (3 000 K typical)٩ Blue (470 nm) Other colors by request RGB Approved Use Suitable for wet locations Control Options PWM IP Rating IP67 Construction LM20 die-cast marine grade powder coated aluminum Mounting Type ½" NPT Standard Inclusions Silicone handgrip to allow hot adjustment MicroAntiLeach™ wire entry Accessories Order separately LS6054 Groundmount stake Remote Transformers / Power Supplies Order separately Refer to Technical Data section for application specific options Ambient Operating Temperature -22 °F to 122 °F (-30 °C to +50 °C) Photometrics Refer to www.lumascape.com Any luminaire can become hot - take care with appropriate use and placement LS411LED Omnio Mini LS411LED LAMP Description Wattage Color Code LED 9 W White (4 300 K typ.)9W4 Warm white (3 000 K typ.)9H6 Blue (470 nm)9B4 RGB 9M4 15 W White (4 300 K typ.)15W4 Warm white (3 000 K typ.)15H6 Blue (470 nm)15B4 OPTICAL SYSTEM Beam Code Narrow Medium 25Ý NM Medium 30Ý ME(1) Linear 20Ý x 40Ý LN (1) Recommended for best RGB color mixing. MOUNTING Description Code ½" NPT C C FINISH Description Material Code Black, powder coated Aluminum CB White, powder coated Aluminum CW Silver, powder coated Aluminum CS INPUT VOLTAGE Voltage Code 120-277 V, 50/60 Hz 09(1) 12-15 V, 60 Hz or 12-24 V DC 13(1)(2) PWM Dimmable Driver, 12-15 V, 60 Hz or 12-24 V DC 13-DIM(2) (1) Not available for RGB. (2) 9 W only. Requires appropriate transformer. PWM DIM OPTIONAL Dimmable Wiring Diagram Reference Input Voltage LED Color Control Type Wiring Diagram 13-DIM Single Color PWM 6 13-DIM RGB PWM 8,9 6.75” (171 mm)6.2” (158 mm)200°360°Ø2.44”(62 mm)19.7” (500 mm)The LS411LED is a compact, adjustable luminaire with an aesthetically pleasing form, featuring integral line voltage driver and a wide range of adjustability making it ideal for general landscape lighting applications. The LS411LED is also supplied factory sealed, complete with 6.5' hookup wire. The epoxy coated, marine grade aluminum construction ensures a long service life, even in harsh environments. 1300 Industrial Road, Unit #19 San Carlos, CA 94070 FREE CALL 1-866-695-5862 US & Canada info@lumascape.com www.lumascape.com C1877US 6 Sep 2013 337 At Grade LS411LED Photometrics & Accessories Photometrics Photometric data is based on test results from a NIST traceable testing lab. IES data is available at www.lumascape.com. Note: No depreciation factor is applied to the data shown. LS411LED 4 300 K(1) 25° Beam Angle Power Input 17.2 Lumens 807 Efficacy 47 Lm/W Polar Candela Distribution Illuminance at a Distance ft Center Beam fc Beam Ø 5 192.6 2 ft 10 48.1 4 ft 15 21.4 7 ft 25 7.7 11 ft 30 5.3 13 ft 40 3 18 ft 50 1.9 22 ft 1204 2407 3611 4814 C 0° C 15° C 30° C 45° C 60° C 75° C 90° 90°0000000 100°0000000 110°0000000 120°0000000 130°2223454 140°23 24 23 20 18 17 18 150°56 59 54 52 55 61 61 160°272 281 302 329 354 363 379 170°2498 2514 2529 2549 2590 2637 2677 180°4814 4814 4814 4814 4814 4814 4814 LS411LED 4 300 K(1) 30° Beam Angle LS411LED 4 300 K(1) 20° x 40° Beam Angle Power Input 17.6 Lumens 785 Efficacy 45 Lm/W Power Input 16 Lumens 743 Efficacy 46 Lm/W Polar Candela Distribution Polar Candela Distribution ft Center Beam fc Beam Ø 5 108.9 3 ft 10 27.2 5 ft 15 12.1 8 ft 25 4.4 13 ft 30 3 16 ft 40 1.7 21 ft 50 1.1 27 ft 681 1362 2042 2723 C 0° C 15° C 30° C 45° C 60° C 75° C 90° 90°0000000 100°0000000 110°0000000 120°0000000 130°99109988 140°35 39 38 33 33 33 31 150°167 160 153 155 157 165 157 160°741 742 733 727 702 681 667 170°1903 1896 1873 1861 1845 1831 1827 180°2723 2723 2723 2723 2723 2723 2723 C 0° C 15° C 30° C 45° C 60° C 75° C 90° 0°2417 2417 2417 2417 2417 2417 2417 10°1398 1447 1556 1706 1870 1984 2040 20°405 439 515 640 807 999 1115 30°55 67 96 147 225 308 368 40°15 16 20 29 46 66 82 50°556891320 60°0001221 70°0000000 80°0000000 90°0000000 Illuminance at a Distance Illuminance at a Distance C-0º C-0º 170º 160º 150º 140º 130º 120º 110º 100º 90º 170º 160º 150º 140º 130º 120º 110º 100º 90º (1) To approximate warm white data, multiply by 0.84. Refer web site for IES files for all color temperatures. (1) To approximate warm white data, multiply by 0.84. Refer web site for IES files for all color temperatures. (1) To approximate warm white data, multiply by 0.84. Refer web site for IES files for all color temperatures. ft Center Beam fc Beam W Beam L 5 96.7 2 ft 3 ft 10 24.2 4 ft 7 ft 15 10.7 6 ft 10 ft 25 3.9 10 ft 17 ft 30 2.7 12 ft 21 ft 40 1.5 16 ft 28 ft 50 1 19 ft 34 ft C-0º 0º20º10º 30º 40º 50º 60º 70º 80º 90º 604 1208 1812 2417 C-90º www.lumascape.com C1877US 6 Sep 2013 338 Technical Data Wiring Diagrams NOTE: The above diagrams are intended to show electrical pathways between luminaires and ancillary devices. These diagrams are not intended to show type or color of cord/wire, wire gauge or approved use of the cord/wire supplied with luminaires. Consult the luminaire-specific cutsheet or the factory for detailed specifications. Diagram 6 - 0-10 V Dimming - Low Voltage LED Luminaire on 12-15 V AC or 24 V DC Circuit PWM DIM 0-10 V wall box dimmer 120 V 120-277 V Other 0-10 V signal OR LS6133 0-10 V to PWM Dimming Signal Converter LSLED-24V12W277 Power Supply LS-TWM-1/2/3 or LSLED-24V96W277 PWM ï PWM + 0-10 V ï 0-10 V + 12-15 V AC / 24 V DC (suitable NEMA enclosure required - by others) NOTE: Dimming behavior of these luminaires is inverted. Use compatibility table to determine maximum number of luminaires the power supply can support. DMX In DMX Out 12-15 V AC Com + R ï G ï B ï LS67100 DMX to PWM Translator LS-TWM-1/2/3 Remote Magnetic Transformer LSLED-24V96W277 Power Supply 1 unit included with each LS67100 120 V 120-277 V Diagram 8 - RGB via DMX for Low Voltage LED Luminaire on 12-15 V AC Circuit PWM DIM Use compatibility table to determine maximum number of luminaires the power supply can support. www.lumascape.com 339 Technical Data Wiring Diagrams NOTE: The above diagrams are intended to show electrical pathways between luminaires and ancillary devices. These diagrams are not intended to show type or color of cord/wire, wire gauge or approved use of the cord/wire supplied with luminaires. Consult the luminaire-specific cutsheet or the factory for detailed specifications. 120-277 V DMX In DMX Out 24 V DC + Com + R ï G ï B ï 24 V DC ï LS67100 DMX to PWM Translator LSLED-24V96W277 Power Supply 1 unit included with each LS67100 Diagram 9 - RGB via DMX for Low Voltage LED Luminaire on 24 V DC Circuit PWM DIM Use compatibility table to determine maximum number of luminaires the power supply can support. www.lumascape.com 340 Technical Data Transformers and Power Supply Compatibility Transformers and Power Supplies for Low Voltage LED Luminaires The following list of transformers and power supplies are for use with luminaires specifically described as being compatible with either 12 V AC (wirewound only) transformers or with 12-24 V DC power supplies. Compatibility will be noted in the ordering code of the luminaire concerned, and will typically be referenced by Voltage Code '13' or '13-DIM'. In the case of '13-DIM' additional components may be required. Refer to the applicable wiring diagram/s. Compatibility with each transformer or power supply is indicated by the value mentioned, representing the maximum number of luminaires that may be powered from each transformer or power supply. Please note, this does not take into consideration voltage drop or ampacity limits of th e branch circuit. For assistance, please contact factory. Wall Mounted Landscape Lighting Transformers Wall Mounted Transformers Class 2 Power Supply Direct Burial Transformer LS-TWM-1-300 LS-TWM-2-600 LS-TWM-3-900 LS-TWM-50 LS-TWM-100 LS-TWM-150 LS-TWM-250 LSLED-24V96W277 LS-TDB1-300 Input Voltage 120 V, 60 Hz 120 V, 60 Hz 120 V, 60 Hz 120 V, 60 Hz 120 V, 60 Hz 120 V, 60 Hz 120 V, 60 Hz 120-277 V, 50/60 Hz 120 V, 60 Hz Output Voltage 12/13/14/15 V 60 Hz 12/13/14/15 V 60 Hz 12/13/14/15 V 60 Hz 12 V, 60 Hz 12 V, 60 Hz 12 V, 60 Hz 12 V, 60 Hz 24 V DC 12.5 V, 60 Hz Wattage 1 x 300 W circuit 2 x 300 W circuits 3 x 300 W circuits 50 W 100 W 150 W 250 W 96 W 300 W LS411LED, 9 Watt 12 24 36 7 12 www.lumascape.com 341 Ingrade IK10IP68 LS363LED with round flush cover and GripGlass™ 15°15°5 360° Specifications Lamp Source 16 LED ٪ White (4 300 K typical)٩ Warm white (3 000 K typical)٩ Warm white (2 700 K typical)٩ Blue (470 nm) Other colors by request Approved Use Suitable for wet locations Suitable for use in poured concrete Inherently protected Lumen Maintenance (L70) >60,000 hrs Limited by TM-21 x6 rule IP Rating IP68 Construction 316 marine grade stainless steel Installation Types Pre-Installation Blockout Concrete pour, drive-over & general use applications Direct Burial Landscapes, planters & special applications (consult factory) Drive-over With OptiClear™ lens and pre-installation blockout LS644-K Static Load Rating 6 600 lb (3 000 kg) with OptiClear™ lens and pre- installation blockout LS644-K (Load applied to center of glass across a 2" diameter area) Impact Rating IK10 with OptiClear™ lens Standard Inclusions Teflon coated cover screws MicroAntiLeach™ wire entry Accessories LS644-K pre-installation blockout LS645 brass grill (For use with direct burial, recessed cover type only) Ambient Operating Temperature -22 °F to 122 °F (-30 °C to +50 °C) Surface Temperature °F (45 °C) Photometrics Refer to www.lumascape.com Any luminaire can become hot - take care with appropriate use and placement OPTIONAL OPTIONAL The LS363LED is a robust, medium wattage ingrade luminaire, featuring high efficacy Lumileds™ LEDs. As an inherently protected luminaire it can be used in interior spaces and immediately adjacent to combustible materials (such as wood decking, etc). In addition, internal rotation and tilt adjustability ensures the most efficient light delivery can be set according to the site conditions. 1300 Industrial Road, Unit #19 San Carlos, CA 94070 FREE CALL 1-866-695-5862 US & Canada info@lumascape.com LS363LED www.lumascape.com $XJ2016 342 IngradeLS363LED Pre-installation Flush covers for pre-installation use special seals and support bushes to ensure static loads up to 6 600 lb (3 000 kg) are properly supported. In order to achieve this drive- over rating, OptiClear™ or GripGlass™ must be used. Pre-Installation Blockout Round Flush Cover ٩ SS316: Polished ٩ SS316: Brushed Connection Type '87' for LS644-K-87-09 Pre-Installation Blockout Connection Type '82' for LS644-K-84 Pre-Installation Blockout Connection Type '84' for LS644-K-84 Pre-Installation Blockout 6.5' SOOW Cord For connection to the branch circuit via junction box (by others) or other approved method. c/w 6.5' SOOW Cord (16/3) ½" NPT Adapter The luminaire is factory-fitted with 6.5' hookup wire. Ensure terminations can be made within this length. For other length options, consult factory. Lens Options OptiClear™ Glass Glass of very high optical purity and load strength. Suitable for walk-over and drive-over applications. GripGlass™ OptiClear™ glass with slip reduction glazing process. Suitable for walk-over and drive-over applications. IP68 Connector & Junction Box The luminaire is fitted with an IP68 connector, which attaches directly to the cord supplied with LS644-K-87-09, without the use of any tools. The cord is 1.8' (0.56 m) in length, and is factory assembled with a 4 way, ¾" junction box - Remains field serviceable after installation. Cover Options for Pre-Installation Blockout Ø8.3” (210 mm)14.6” (372 mm)Ø5.4”(136 mm)Why Use LS644-K-87-09 Pre-Installation Blockout? The LS644-K-87-09 acts as a blockout, and is intended for installation before the luminaire, however it has other special functions. To simplify the installation, every LS644-K-87-09 is supplied complete with a 4-way, ¾" PVC junction box, inside which the installer can make all necessary connections, and allows the completion of all wiring even before the luminaire arrives on site. This method also ensures the luminaire itself is not damaged during concreting or other site works. Note: The junction box remains serviceable after installation. To complete the installation, Lumascape provides an IP68 connector, enabling a tool-free final connection from the luminaire to the branch circuit. In addition, this connector is readily detachable, allowing for off-site maintenance. Why Use LS644-K-84 Pre-Installation Blockout? The LS644-K-84 pre-installation kit (order separately) is ideal for use in applications where maximum flexibility for the type and location of branch circuit connections are required or where exact site conditions may be unknown. For use with the LS644-K-84, Lumascape provides the LS363LED complete with 6.5' of factory-installed hookup wire or an SOOW cord (both options include a MicroAntiLeach™ seal). This provides the installer with greater flexibility to determine the type and location of the branch circuit connection. This option is also 100% hard- wired, and does not feature the IP68 detachable couplings for off-site maintenance. All aspects of the luminaire itself are still field serviceable. www.lumascape.com $XJ 343 OPTICAL SYSTEM Description Beam Code Adjustable NR Adjustable Adjustable Wide 0 WD Adjustable LH(1) Adjustable LV(1) Refer to beam orientation diagram below. LAMP Description Wattage Color Code LED 16 W White (4 300 K typ.)1 W4 Warm white (3 000 K typ.)1 H6 Warm white (2 700 K typ.)1 D7 Blue (470 nm)1 B4 LS363LED Pre-installation Ingrade CONNECTION TYPE Description Code IP68 Connector & Junction Box 87(1) 6.5' SOOW Cord 84(2) ½" NPT Adapter 82(2) (1) LS644-K-87-09 required - order separately. (2) LS644-K-84 required - order separately. HOUSING DEPTH Description Code 14.6" (372 mm) 23 WIRE ENTRY LOCATION Description Code Bottom Q INPUT VOLTAGE Description Code 120-277 V, 50/60 Hz 09 LS363LED Product Lamp Lens Cover Connection Type 23 Housing Depth Q Wire Entry Location Input Voltage COVER Description Material Finish Code Round Flush Cover Stainless steel Polished M Brushed N LENS Description Code OptiClear™Very high optical purity and load strength A (1) GripGlass™ OptiClear™ with slip reduction glazing process G(1) (1) Suitable for drive-over. Optical System LS363LED Accessories Stacking and order of accessories LED LS667 Solite Lens Beam Orientation for the "LV" optical system Beam Orientation for the "LH" optical system Beam Orientations www.lumascape.com "VH .E 120V, 50/60 Hz Forward Phase Dimmable Driver 25 344 IngradeLS363LED Direct Burial Use flush covers for installation in fine finished surfaces such as granite and marble. They can also be used in some suspended applications. The flush cover will conceal gaps between the luminaire and the surrounding surface. Recessed Cover ٩ SS316: Polished ٩ SS316: Brushed Round Flush Cover ٩ SS316: Polished ٩ SS316: Brushed Use recessed cover for installation in soil, grass, pavers and other uneven surfaces where no cover overhang is desired. Square Flush Cover ٩ SS316: Brushed Why Use Direct Burial? Direct burial installation is ideal for landscaping areas or for special applications where depth is restricted. This type of installation also allows for maximum heat dissipation. The 316 grade Stainless Steel construction of the luminaire performs flawlessly in alkaline and acidic soil types, and is also rated for use in concrete pour applications. Note: This installation type has no option for a pre-installation blockout. Lumascape provides the LS363LED complete with 6.5' of factory installed hookup wire and ½" NPT adapter, supplied complete with MicroAntiLeach™ seal. This provides the installer with greater flexibility to determine the nature of the branch circuit connection. This connection is also 100% hardwired. All aspects of the luminaire itself remains field serviceable. Consult factory for application advice prior to using this configuration. Connection type '82' for 'Direct Burial' housing Lens Options ½" NPT Adapter The luminaire is factory-fitted with 6.5' hookup wire. Ensure terminations can be made within this length. For other length options, consult factory. Cover Options for Direct Burial 8.7” (221 mm)Ø7.4” (187 mm) Housing OD Ø5.6” (142 mm) 0.98” (25 mm)Ø5.4”(136 mm)Ø 5.6” (142 mm)0.1” (3 mm)0.98” (25 mm)8.7” (221 mm)Ø7.4” (187 mm) Housing ODØ5.4”(136 mm)Ø8.0” (204 mm)Cover OD Ø 5.6” (142 mm)0.1” (3 mm)0.98” (25 mm)8.7” (221 mm)Ø7.4” (187 mm) Housing ODØ5.4”(136 mm)Ø8.0” (204 mm) OptiClear™ Glass Glass of very high optical purity and load strength. Suitable for walk-over and drive- over applications. GripGlass™ OptiClear™ glass with slip reduction glazing process. Suitable for walk-over and drive-over applications. www.lumascape.com $XJ 345 OPTICAL SYSTEM Description Beam Code Adjustable NR Adjustable Adjustable Wide 0 WD Adjustable LH(1) Adjustable LV(1) (1)Refer to beam orientation diagram below. LAMP Description Wattage Color Code LED 16 W White (4 300 K typ.)16W4 Warm white (3 000 K typ.)16H6 Warm white (2 700 K typ.)16D7 Blue (470 nm)16B4 INPUT VOLTAGE Description Code 120-277 V, 50/60 Hz 09 LS363LED Product Lens Cover 82 Connection Type 21 Housing Depth Wire Entry Location Input Voltage LS363LED Direct Burial Ingrade CONNECTION TYPE Description Code ½" NPT Adapter 82 HOUSING DEPTH Description Code 8.7" (221 mm) 21 WIRE ENTRY LOCATION Description Code Side N Bottom Q LENS Description Code OptiClear™Very high optical purity and load strength A GripGlass™ OptiClear™ with slip reduction glazing process G COVER Description Material Finish Code Recessed Cover Stainless steel Polished B Brushed H Round Flush Cover Stainless steel Polished D Brushed I Square Flush Cover Stainless steel Brushed V Lamp Optical System LS363LED Accessories Stacking and order of accessories LED LS667 Solite Lens LS645 Brass grill External accessory Use with recessed covers only Not suitable for use in traffic areas Beam Orientation for the "LV" optical system Beam Orientation for the "LH" optical system Beam Orientations www.lumascape.com "VH ME 120V, 50/60 Hz Forward Phase Dimmable Driver 25 346 Lumascape Lighting Industries will guarantee the following product groups from the date of purchase against faulty workmanship or materials for: 1) Underwater-5 years; 2) Copper-10 years; 3) Aluminium-2 years; 4) Stainless Steel-10 years. Structural/12 months Electrical. All warranty claims must be returned to Lumascape Lighting Industries for assessment. There is no warranty offered on lamps other than lamp manufacturers warranty if any. Lumascape Lighting Industries accepts no responsibility for damage to any ancillary equipment or inconvenience caused by the failure of our products. Lumascape Lighting Industries reserves the right to alter fittings or specifications at any time. more grip and better public safety breathe easier with Grip Glass12mm (0.5in) Specification Description Catalogue number Notes Lamp Colour Lighting designer Fitting Supplier Reference Features Glazed on slip resistant texture Glazing process adds strength Optional with all Lumascape In Groud Up Lights Suits interior and exterior applications Compatible with a wide range of lenses C1009US - 2006_07_REV001 Lumascape Lighting Industries c 2003 www.lumascape.com T 1-(650)-595-LUMA(5862) 1-(650)-595-5820 LUMASCAPE USA INC Free Call 1-866-695-LUMA(5862)347 348 SHEET ID: 1 NOTES: PROJECT ID: PROJECT INFO: SHEET CONTENT: SCALE: 1/4"=1'-0" The author takes no responsibility for any dimensions obtained by scaling from this drawing. If no dimension is shown, the recipient must ascertain the dimension specifically from the Architect or by site measurement and may not rely upon this drawing. Supplying this drawing in digital form is solely for convenience and no reference may be placed on any data in digital form. All data must be checked against the hard copy. NOT FOR CONSTRUCTION ADDENDUM 1 000000 DESCRIPTIONDATE OTB PACKAGE 100% DD PACKAGE 000000 000000 NO. 2 1 PLANS FLOOR PLAN 01/4"=1'-0"1 2' 4'8' A-102 ADA RAMP STORAGE SECRETARY/ RECEPTION STORAGE TECH + STORAGE STORAGE ATTACHMENT 4 ATTACHMENT 4349 350 5'2'-6"8'-11"5'2'-6"3"7'-6" 3" 3'-6"4' 7'-6"9'9'10"10"8'-11"9'cutout in perf cutout in perf cutout in perf fabric membrane framed polycarbonate panels cutout in perf detatchable white perf metal panel system typ. demountable white perf metal staircase demountable white perf metal ramp SHEET ID: 1 NOTES: PROJECT ID: PROJECT INFO: SHEET CONTENT: SCALE: 1/4"=1'-0" The author takes no responsibility for any dimensions obtained by scaling from this drawing. If no dimension is shown, the recipient must ascertain the dimension specifically from the Architect or by site measurement and may not rely upon this drawing. Supplying this drawing in digital form is solely for convenience and no reference may be placed on any data in digital form. All data must be checked against the hard copy. NOT FOR CONSTRUCTION ADDENDUM 1 000000 DESCRIPTIONDATE OTB PACKAGE 100% DD PACKAGE 000000 000000 NO. 2 1 ELEVATIONS A-201 wp4 wp1 wp2 wp3wp5 01/4"=1'-0"2'4'8'2 REAR ELEVATION 4 FRONT ELEVATION 01/4"=1'-0"1 2'4'8' +3'-0" top of perf metal panels top of cubes top of mechanical cubes +18'-0" +13'-0" d2 SIDE SIGNAGE ELEVATION 1/8"=1'-0"3 0 2'4'8' SIDE SIGNAGE ELEVATION 1/8"=1'-0"0 2'4'8' d1 351 352 demountable white perf metal staircase framed polycarbonate panels fabric membrane demountable white perf metal ramp demountable white perf metal staircase demountable white perf metal ramp framed polycarbonate panels fabric membrane SIDE ELEVATION SIDE ELEVATION SHEET ID: 1 NOTES: PROJECT ID: PROJECT INFO: SHEET CONTENT: SCALE: 1/4"=1'-0" The author takes no responsibility for any dimensions obtained by scaling from this drawing. If no dimension is shown, the recipient must ascertain the dimension specifically from the Architect or by site measurement and may not rely upon this drawing. Supplying this drawing in digital form is solely for convenience and no reference may be placed on any data in digital form. All data must be checked against the hard copy. NOT FOR CONSTRUCTION ADDENDUM 1 000000 DESCRIPTIONDATE OTB PACKAGE 100% DD PACKAGE 000000 000000 NO. 2 1 ELEVATIONS 01/4"=1'-0"2'4'8'2 01/4"=1'-0"1 2'4'8' A-202 +3'-0" top of perf metal panels top of cubes top of mechanical cubes +18'-0" +13'-0" 353 354 ALONGI Ébénisterie et CG Inc. La Quinta – Mobile Pg. 1 / 2 By: Giovanni Alongi ‐ May 30, 2018 La Quinta – Mobile Unit REFERENCE IMAGE DESCRIPTION ITEM 1: CUBE UNITS * Approx. Dimensions 8.5ft x 40ft per cube * Includes Multi‐functional cubes for, stocking, electrical‐ services * Includes Glass Storefront with a French Door + Single door with Side Window * Includes (2x) Fixed side Light Windows * Includes (3x) steel wall panels per cube & (1x) wall w/ Double Door Entry * Includes (1x) Security Roll‐up Door @back * Includes Foam Insulated Roof * Includes (12x) 4ft interior LED Track Lighting, (14x) Exterior Spot Lights, * (3x) Emergency Exit lights * Includes (10x) Light Switches, (32x) Duplex Outlets, (4x) Thermostats, (4x) Signage Provisions * Includes (6x) Load Center and Breakers * Includes Existing Structural and MEP drawings * Includes engineered Stamped Drawings ITEM 2: CUBE UNITS END STRUCTURES * Approx. Dimensions 8'‐5" x 43'‐0", & Finish w/ White Paint Finish * Includes (8x) Base and (4x) Parapet top structural panels * Includes (4x) Load Center and Breakers * Includes (4x) Led Lights and (2x) Light Switches * Includes (2x) HVAC Units with Insulated Ductwork ITEM 3: B RIDGE/ B RIDGE E NCLOSURE * Trapezoidal Bridge Dimension ± 40'‐0" x 43'‐0", & finish w/ white paint finish * Includes 1/2" Clear Plexiglass Side Windows throughout entire Bridge Length * Includes Ceiling cover built of Hiraoka Translucent Membrane, 12% avg light transmission * Includes curved compression members with internal electrical for LED track light fixtures * Includes (6x) HVAC Units with Ductwork, (6x) Wireless Thermostat Controllers ITEM 4: ADA‐RAMP * Includes ADA Ramp linked with (2x) landings ‐ see Image * Includes perforated Side Ramp rails * Finished Powder Coated White 355 356 ALONGI Ébénisterie et CG Inc. La Quinta – Mobile Pg. 2 / 2 By: Giovanni Alongi ‐ May 30, 2018 EXCLUSIONS – T O BE QUOTED SEPARATELY UPON CLIENTS REQUEST  Restrooms  Water Reserve Tanks for self‐containment  On Site Installation  Project Manager and of Town Expense BUDGETARY Installation & Transportation cost:  These costs are Not included in purchase and refurbishing costs listed above.  These costs are to be budgetary and to be confirmed upon field verification of actual installation site.  Approximate on‐site installation cost $100,000 ‐ Approximate transportation cost to La Quinta $35,000 COST SUMMARY Cost for the Purchase and Refurbishment of existing mobile unit = $265,000 Payment terms broken down as follows ‐ $50,000 Deposit for Reserving Rights of unit ‐ $50,000 Progressive to initiate the commencement of refurbishing process. ‐ $115,000 Progressive payment prior to delivery ‐ Final $50,000 upon delivery. Maximum Alongi storage from initial purchase agreement date ‐ 3 Months This unit is sold as structure/building only, no interior millwork furniture elements included inside. 357 358 June 21, 2018 To; City of La Quinta Madame Mayor and City Council Members From: City of La Quinta Financial Advisory Commission Subject: SilverRock Event Site – Phase 1 Enhanced Plan At the Financial Advisory Commission (“FAC”) Special Meeting on June 13, 2018, City Staff provided a presentation of the SilverRock Event Site – Phase 1 Enhanced Plan (“Enhanced Plan”) proposed by the Ad Hoc SilverRock Event Site Committee (“Ad Hoc Committee”). FAC Commissioners were asked to approve the Enhanced Plan, which utilizes $2.4M of Measure G Funds. This was the first time the FAC was consulted on this matter. One of the responsibilities of the FAC is oversight for the use of Measure G Funds. After much discussion, the FAC Commissioners are unanimous and enthusiastic in support of the concept for the Event Site. However, we expressed concern there was insufficient information for us to approve the Enhanced Plan. Our main areas of concern are as follows:  Lack of information to determine whether the Enhanced Plan provided a state-of-the-art event site in one Phase.  Lack of information on projected annual operating costs and potential revenues. FAC Commissioners requested additional information and selected fellow Commissioners Mills, Rosen and Batavick to meet with City Staff, and for one of these Commissioners to attend the next Ad Hoc Committee Meeting. On June 18, 2018, the three Commissioners met with City Staff. They were provided additional information on the Enhanced Plan, including details of both the capital expenditure and annual operating expense components. They also received additional information addressing other areas of FAC concern including; turf mitigation, Coachella Valley Water District issues, adequacy of Event Site to hold ATTACHMENT 5 359 various entertainment events, ingress and egress options for people and vehicles and potential future Phases of the Event Site. Commissioner Mills attended the AD Hoc Committee meeting on June 18th. During the meeting he commented that the FAC felt the proposed Enhanced Plan may be “under built”. He further remarked that the proposed plan should NOT be restricted by any hypothetical budget but rather should be guided by amenities that insure the Event Site is a first class facility from the outset with the ability to accommodate multiple types of events. The City needs to take advantage of this once in a lifetime opportunity. Accordingly, the FAC supports additional shade structures, as well as providing adequate restroom facilities taking into account the demographics of our citizens and potential event attendees. The FAC would also recommend a 10-year revenue and expenditure projection. Based on our review of the Enhanced Plan, the FAC has the following recommendations: 1) Revise the current Event Site Enhanced Plan to include additional restroom and storage area facilities, a shade structure over the stage, more shade trees, and more shade structures, such as gazebos. Additional Measure G funds are available. Consider integrating the recently approved purchase of a modular building into a new Enhanced Plan. 2) Develop a plan for using Art in Public Places funds. Some art should be “children friendly.” 3) Obtain specific recommendations and suggestions from potential users and sponsors of events. During the Ad Hoc Committee Meeting, it was mentioned GoldenVoice expressed an interest in the Event Site. This opportunity should be explored. 4) Investigate the potential of obtaining grant funds from the recently passed Proposition 68 or other public sources. 5) With estimated annual operating expenses of $150,000. prepare a 10-year projection showing estimated revenues derived from the La Quinta Arts Festival, other art shows, concerts, food-related events, etc. 6) Highlight the planned Event Site in the City’s continuing marketing efforts. This addition of a new multi-purpose public park is very notable to our residents and to others outside our community. 360 The Planning Commission will be meeting on June 26th for final review and their approval of an Enhanced Plan. The FAC requests the Planning Commission consider our applicable recommendations in their final review. The FAC will hold a Special Meeting on July 18th to review, for our approval, the Enhanced Plan approved by the Planning Commission at their June 26th Meeting. Other additional information will also be reviewed. We are prepared to answer any questions you may have on our observations and recommendations. Respectfully, The Financial Advisory Commission Cc: City of La Quinta Planning Commission City of La Quinta Community Services Commission Frank Spevacek, Chris Escobedo, Steve Howlett, Monika Radeva, Karla Campos, Marcie Graham Bcc Financial Advisory Commissioners Mills, Rosen, Johnson, Twohey, Turbow, Lopez, and Chairperson Batavick 361 362 ATTACHMENT 6 363 364 365 366 City of La Quinta CITY COUNCIL MEETING: August 7, 2018 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION TO UPDATE THE CITY’S USER AND REGULATORY MASTER FEE SCHEDULE RECOMMENDATION Adopt a Resolution to supersede Resolution Nos. 2002-021, 2017-041, and 2017-059, and to update the City’s current user and regulatory Master Fee Schedule. EXECUTIVE SUMMARY •Since 2013, the City annually reviews user and regulatory fees and adjusts them based on cost of service study findings and to reflect annual Consumer Price Index (CPI) increases. •Most fees in the proposed Master Fee Schedule (MFS) have been updated to reflect the CPI increase from April 2017 to April 2018, which was 2.6%. •Other refinements were made to improve the correlation between the cost of providing services and the fees imposed to recover those costs. These refinements are summarized in the Background/Analysis section of this report and in Attachment 1. •The City retained ClearSource Financial Consulting (ClearSource) for this update. ClearSource has assisted the City with fee updates since 2013. •If Council adopts the proposed MFS, the updated fees will be effective October 6, 2018. FISCAL IMPACT Based on historical data, the new fee schedule may generate an additional $50,000 in annual revenue. PUBLIC HEARING ITEM NO. 1 367 BACKGROUND/ANALYSIS The following table summarizes the proposed updates to the fee schedule. Fee Category Summary of Proposed Changes 1 Building Fees •2.6% increase to reflect CPI change 2 Planning Fees •2.6% increase to reflect CPI change 3 Public Works Fees •2.6% increase to reflect CPI change •Modifications to service time and cost updates for 9 fees •Clarification to identify fee for re-activation of expired permit as applicable per year 4 Fire Fees •2.6% increase to reflect CPI change 5 NPDES Inspection Fees •2.6% increase to reflect CPI change 6 Short-Term Vacation Rental Permit Fees •2.6% increase to annual permit fee to reflect CPI change •New fee of $325 proposed for Code Compliance Inspection Fee when inspection is required to review STVR application 7 Medical Cannabis Delivery Permit Fees •2.6% increase to reflect CPI change 8 False Alarm Response •2.6% increase to reflect CPI change 9 Vehicle Impound Fees •2.6% increase to reflect CPI change 10 Code Enforcement •2.6% increase to reflect CPI change •Add note to clarify that hourly rate may be used for hourly billings for required/requested inspections for which no other fees are listed in the fee schedule 11 Home Occupation Permit •Home Occ. Permit: Current = $70; Proposed = $100; 75% cost recovery •Address Change: Current = $35; Proposed = $50; 35% cost recovery 12 Pool Drain Permit •Current Fee = $10; Proposed = $25; 30% cost recovery 13 Golf Cart Permit •Initial Permit (2-Year): Current = $10; Proposed = $50; 45% cost recovery •Renewal Permit (2-Year): Current = $10; Proposed = $25; 45% cost recovery 368 14 Bingo Permit •Initial Permit: Current = n/a; Proposed = $50; 60% cost recovery •Renewal Permit: Current = n/a; Proposed = $50; 60% cost recovery 15 Film/Photography Permit •Cast and Crew of 1-3 People: Current = varies; Proposed = $100; 90% cost recovery •Cast and Crew of 4 or More People: Current = varies; Proposed = $400; 90% cost recovery 16 Administrative Fees •Add fee for processing receipt of non-sufficient funds (fee set by State) •No other changes proposed 17 Appeal Fees •No changes proposed As illustrated in the previous table, most fees would increase by 2.6%. This is based on the April 2017 to April 2018 increase in the all-urban consumers CPI for the West Area with Population Under 2.5 Million. Periodically, a full cost of service study is conducted. In the interim years fees are increased by the annual increase, if any, in the regional CPI. The City has typically made CPI adjustments based on the CPI change for the Los Angeles- Riverside-Orange region. However, that region was discontinued at the end of calendar year 2017. In January 2018, a new geographic sample was developed to track CPI for Riverside, San Bernardino, Ontario. Future annual CPI fee adjustments will use this newly developed index (after a year’s worth of CPI data is available). Additional information on the analysis for the proposed MFS is provided in Attachment 2 – Fee Schedule Showing Current Fees, Proposed Fees, and Proposed Fee Change Percentage, and Attachment 3 - Cost of Service Analysis for Fees Proposed to Be Added to Fee Schedule or Fees Modified by an Amount Other than the 2.6% CPI Adjustment. If Council adopts the proposed Master Fee Schedule, the updated fees will be effective October 6, 2018. AGENCY AND PUBLIC REVIEW Notice regarding the proposed fee changes was provided in accordance with Government Code Sections 66016 and 6062a). Interested stakeholders, the Building Industry Association of Southern California – Riverside County Chapter (BIA), the Desert Valleys Builders Association (DVBA), and the Southern California Gas Company (SC Gas) received notice of these recommendations on July 23 and 30, 2018. Public Hearing notices were published in The Desert Sun on July 27 and August 3, 2018. 369 On July 24, 2018, the DVBA submitted a comment letter requesting additional information on the non-CPI proposed fee increases, and stating that the Los Angeles-Riverside-Orange region CPI should no longer be used (renamed to Los Angeles-Long Beach-Anaheim CPI which increased by 3.97%); instead, the DVBA requested that the West Area with Population Under 2.5 Million region CPI be used (the annual CPI adjustment is 2.6%). Staff and ClearSource evaluated the DVBA request and agreed to revise the MFS and use the West Area with Population Under 2.5 million CPI increase, provided the requested information, and issued a response letter on July 27, 2018. Revised draft staff report and supporting documents were distributed to all stakeholders on July 30, 2018. On July 31, 2018, the BIA requested further information on the non-CPI proposed fee increases, which Staff provided. On August 1, 2018, a telephone conference discussion between the BIA, Staff, and ClearSource was held to answer all additional questions. To date no comments have been received from the BIA or SC Gas. ALTERNATIVES Council may elect not to add or adjust the proposed fees to the MFS; or to adopt a higher or lower percentage of cost recovery fees. Prepared by: Monika Radeva, Acting City Clerk Approved by: Frank J. Spevacek, City Manager Attachments: 1.Listing of Fees Proposed to be Modified by an Amount Other than 2.6% CPI Adjustment 2.Fee Schedule Showing Current Fees, Proposed Fees, and Proposed Fee Change Percentage 3.Cost of Service Analysis 4.DVBA Comment Letter Dated July 24, 2018 370 RESOLUTION NO. 2018 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING A REVISED MASTER FEE SCHEDULE OF VARIOUS USER AND REGULATORY FEES WHEREAS, this action is exempt under the California Environmental Quality Act (CEQA), Article 18, Statutory Exemptions, Section 15273(a) Rates Tolls Fares and Charges; and WHEREAS, this hearing to set fees was duly noticed pursuant to Government Code Sections 6062(a) – Manner of Publication, and 66016, Local agency fees; new fees and increases; procedures; and WHEREAS, on August 1, 2017, the City Council adopted Resolution No. 2017-041 updating the City’s Master Fee Schedule of various user and regulatory fees; and WHEREAS, on December 5, 2017, the City Council adopted Resolution No. 2017-059 adding appeal fees and a clarifying footnote for expedited plan review fee under the Public Works section to the City’s Master Fee Schedule; and WHEREAS, the City Council desires that annually the fees be increased based on the all-urban consumers Consumer Price Index (CPI) for Riverside-San Bernardino-Ontario; and WHEREAS, the City would like to amend set fees for Parcel Map, Tract Map, Reversion to Acreage, Lot Line Adjustment/Parcel Merger, Street Dedication/Vacation, Home Occupation Permit, Pool Drain Permit, and Golf Cart Permit to improve the correlation between the cost of providing services and the fees imposed to recover those costs; and WHEREAS, the City would like to establish set fees for Bingo Permit, Film/Photography Permit, and Code Compliance Inspection for Short-Term Vacation Rental Permit; and WHEREAS, the City would like to add fee for processing receipt of non-sufficient funds set by Civic Code Section 1719 and supersede fees set by Resolution No. 2002-021, adopted on February 19, 2002, regarding checks returned without payment; and 371 Resolution No. 2018- Master Fee Schedule – Update of User and Regulatory Fees Adopted: August 7, 2018 Page 2 of 3 WHEREAS, the City commissioned ClearSource Financial Consulting to conduct the analysis to determine the user and regulatory fee update, which is included in the staff report and available for public review; and WHEREAS, the City Council hereby finds that the supporting documents provide adequate evidence to conclude that the fees added to the Master Fee Schedule or modified by an amount other than the increase in the CPI are set at amounts that do not exceed the estimated cost to provide the service. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. Each WHEREAS paragraph, set forth above, is hereby adopted as a specific finding of this City Council. SECTION 2. Resolution Nos. 2002-021, 2017-041, and 2017-059 are hereby superseded and revised fees as shown in the Master Fee Schedule “Exhibit A” are hereby adopted. SECTION 3. This Master Fee Schedule reflects the April 2017 to April 2018 increase in the all-urban consumers CPI for the West Area with Population Under 2.5 Million of 2.6% and other refinements intended to enhance fee schedule clarity or improve the correlation between the cost of providing services and the fees imposed to recover those costs. SECTION 4. Annually on July 1 the City Manager or his/her designee shall update and promulgate a new fee schedule whereby all fees are increased based on the all-urban consumers CPI for Riverside-San Bernardino-Ontario computed from April of the previous year to April of the current year. If the CPI does not change or goes down in a given year, no change shall be made to the Master Fee Schedule that year. SECTION 5. This Resolution shall become effective on August 7, 2018. The fees imposed by this Resolution shall go into effect 60 days following the effective date of this Resolution (October 6, 2018). PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 7th day of August, 2018, by the following vote: 372 Resolution No. 2018- Master Fee Schedule – Update of User and Regulatory Fees Adopted: August 7, 2018 Page 3 of 3 AYES: NOES: ABSENT: ABSTAIN: ____________________________ LINDA EVANS, Mayor City of La Quinta, California ATTEST: __________________________________________ MONIKA REDEVA, Acting City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: _______________________________________ WILLIAM H. IHRKE, City Attorney City of La Quinta, California 373 374 City of La Quinta Fee Schedule Update - August 2018 - EXHIBIT A RESOLUTION NO. 2018-XXX 375 376 Table of Contents Contents Page 1 Building Fees - Mechanical, Plumbing, and Electrical 1 2 Building Fees - Miscellaneous Items 4 3 Building Fees - New Construction 7 4 Building Fees - Other Fees 8 5 Planning Fees 9 6 Public Works Fees 12 7 Fire Fees 17 8 NPDES Ongoing Inspection Fees 19 9 Short-Term Vacation Rental Permit Fees 20 10 Medical Cannabis Delivery Application Fees 21 11 False Alarm Response Fees 22 12 Vehicle Impound Cost Recovery Fees 23 13 Code Enforcement Hourly Rate for Services 24 14 Pool Drain and Golf Cart Permit Fees 25 15 Home Occupation Permit Fees 26 16 Film/Photography Permit Fees 27 17 Bingo Permit Fees 28 18 Administrative Fees 29 19 Appeal Fees 30 EXHIBIT A RESOLUTION NO. 2018-XXX 377 378 Fee * Fee Description Permit Plan Check Total Notes Permit Issuance 1 Permit Issuance (Mechanical, Plumbing, Electrical)$101.40 $0.00 $101.40 Mechanical 2 Installation or relocation of each forced-air or gravity-type furnace or burner, including ducts and vents attached to such appliance $40.02 $26.68 $66.71 3 Installation or relocation of each suspended heater, recessed wall heater, or floor-mounted unit heater $26.68 $13.34 $40.02 4 Repair of, alteration of, or addition to each heating appliance, refrigeration unit, cooling unit, absorption unit, or each heating, cooling, absorption, or evaporative cooling system, including installation of controls regulated by the UMC $13.34 $5.34 $18.68 5 Installation or relocation of each boiler, condenser, compressor, or each absorption system $40.02 $26.68 $66.71 6 Air-handling unit, including attached ducts $40.02 $13.34 $53.37 7 Evaporative cooler, other than portable-type $13.34 $13.34 $26.68 8 Ventilation fan connected to a single-duct $13.34 $5.34 $18.68 9 Installation of each hood which is served by mechanical exhaust, including the ducts for such hood $13.34 $5.34 $18.68 10 Each appliance or piece of equipment not classified in other appliance categories, or for which no other fee is listed $40.02 $40.02 $80.05 Mechanical Change-Out 11 Condenser Only $40.02 $26.68 $66.71 12 Furnace Only $40.02 $26.68 $66.71 13 Other Equipment $40.02 $40.02 $80.05 14 Packaged Unit $40.02 $26.68 $66.71 15 Repair / Alteration $13.34 $5.34 $18.68 16 Split-System $40.02 $80.05 $120.07 Plumbing 17 Each plumbing fixture or trap or set of fixtures on one trap (including water, drainage piping, and backflow protection) $13.34 $13.34 $26.68 18 Sewer Connection / Septic Abandonment $26.68 $18.68 $45.36 19 Rainwater systems, per drain (inside building)$13.34 $13.34 $26.68 20 Water heater and/or vent $13.34 $8.00 $21.35 21 Industrial waste pretreatment interceptor including its trap and vent, excepting kitchen-type grease interceptors functioning as fixture traps $40.02 $13.34 $53.37 City of La Quinta Master Fee Schedule Schedule of Building Fees - Mechanical, Plumbing, and Electrical 1 EXHIBIT A RESOLUTION NO. 2018-XXX 379 Fee * Fee Description Permit Plan Check Total Notes City of La Quinta Master Fee Schedule Schedule of Building Fees - Mechanical, Plumbing, and Electrical 22 Installation, alteration, or repair of water piping and/or water-treating equipment, drainage or vent piping, each fixture $13.34 $13.34 $26.68 23 Backflow protective device other than atmospheric-type vacuum breakers $13.34 $5.34 $18.68 24 Gas piping system - 1 to 4 outlets $13.34 $26.68 $40.02 25 Gas piping system - 5 or more outlets $40.02 $26.68 $66.71 26 Solar (Thermal)$26.68 $26.68 $53.37 Electrical New Construction 27 Residential - First 1,000 SF (includes livable and non-livable SF) $160.10 $52.83 $212.93 28 Residential - Each Additional 1,000 SF (includes livable and non-livable SF) $13.61 $5.60 $19.21 29 Non-Residential - First 2,000 SF $120.07 $92.86 $212.93 30 Non-Residential - Each Additional 2,000 SF $40.02 $10.67 $50.70 Solar (Photovoltaic) 31 Solar (PV) Less than 10kW $26.68 $26.68 $53.37 32 Solar (PV) Greater than 10kW $40.02 $40.02 $80.05 33 Each Additional String (<20)$2.67 $0.67 $3.34 Receptacle, Switch, and Lighting Outlets 34 Receptacle, switch, lighting, or other outlets at which current is used or controlled, except services, feeders, and meters - first 20 $26.68 $26.68 $53.37 35 Receptacle, switch, lighting, or other outlets at which current is used or controlled, except services, feeders, and meters - each additional $2.67 $0.67 $3.34 Lighting Fixtures 36 Lighting fixtures, sockets, or other lamp-holding devices - first 20 $26.68 $26.68 $53.37 37 Lighting fixtures, sockets, or other lamp-holding devices - each add'l $2.67 $0.67 $3.34 38 Pole or platform-mounted light replacement, repair or alteration - first 10 $26.68 $26.68 $53.37 39 Pole or platform-mounted light replacement, repair or alteration - each additional $2.67 $0.67 $3.34 Residential Appliances 40 Fixed residential appliances or receptacle outlets for same, including wall- mounted electric ovens; counter-mounted cooking tops; electric ranges; self- contained room, console, or through-wall air conditioners; space heaters; food waste grinders; dishwashers; washing machines; water heaters; clothes dryers; or other motor-operated appliances not exceeding one horsepower (HP) in rating, each $13.34 $13.34 $26.68 2 EXHIBIT A RESOLUTION NO. 2018-XXX 380 Fee * Fee Description Permit Plan Check Total Notes City of La Quinta Master Fee Schedule Schedule of Building Fees - Mechanical, Plumbing, and Electrical Non-Residential Appliances 41 Residential appliances and self-contained, factory-wired, non-residential appliances not exceeding one horsepower (HP), kilowatt (KW) , or kilovolt ampere (KVA) in rating, including medical and dental devices; food, beverage, and ice cream cabinets; illuminated show cases; drinking fountains; vending machines; laundry machines; or other similar types of equipment, each $26.68 $26.68 $53.37 Power Apparatus 42 Motors, generators, transformers, rectifiers, synchronous converters, capacitors, industrial heating, air conditioners and heat pumps, cooking or baking equipment, and other apparatus, each $26.68 $26.68 $53.37 Signs, Outline Lighting, and Marquees 43 Signs, outline lighting systems, or marquees, each $40.02 $53.37 $93.39 Services 44 Services, each $26.68 $13.34 $40.02 Temporary Power Services 45 Temporary service power pole or pedestal, including all pole or pedestal- mounted receptacle outlets and appurtenances, each $26.68 $18.68 $45.36 Miscellaneous Apparatus, Conduits, and Conductors 46 Electrical apparatus, conduits, and conductors for which a permit is required, but for which no fee is identified $26.68 $26.68 $53.37 * In addition to the fees identified in this schedule, the City will pass-through to the applicant any fees imposed by other agencies and any discrete costs incurred from the use of outside service providers required to process the specific application. 3 EXHIBIT A RESOLUTION NO. 2018-XXX 381 Fee * Fee Description Permit Plan Check Total Notes Antenna 1 Dish > 2 Ft $40.02 $147.29 $187.31 2 Cellular/Mobile Phone $160.10 $227.34 $387.44 3 Equipment Shelter $40.02 $107.27 $147.29 Appeal 4 Appeal bill hourly (1 hour min.) Awning/Canopy (Supported by Building) 5 Awning/Canopy $16.01 $227.34 $243.35 Balcony Addition 6 Balcony Addition $160.10 $187.31 $347.41 Block Wall 7 Block Wall - First 100 LF $53.37 $66.71 $120.07 8 Block Wall - Each Addt'l 50 LF $16.01 $0.00 $16.01 9 Retaining / Combination Wall - Each 50 LF $16.01 $0.00 $16.01 Carport 10 Carport - First $80.05 $107.27 $187.31 11 Carport - Each Additional $80.05 $42.69 $122.74 Compliance Survey/Special Inspection 12 Compliance Survey/Special Inspection $80.05 $200.12 $280.17 Demolition 13 Demolition $27.22 $96.06 $123.28 14 Demolition - Interior $40.02 $107.27 $147.29 15 Demolition - Exterior $40.02 $120.07 $160.10 Fence 16 Fence - First 100 LF $52.83 $67.24 $120.07 17 Fence - Each Additional 50 LF $16.01 $0.00 $16.01 Fireplace 18 Fireplace $160.10 $240.15 $400.25 Flag/Lighting Pole 19 Flag/Lighting Pole - First $40.02 $107.27 $147.29 20 Flag/Lighting Pole - Each Additional $16.01 $4.80 $20.81 Grading 21 Residential Precise Grading (Tract Homes) - Per Home $147.29 [a]$147.29 22 Residential Precise Grading (Custom Home) - Lot <= 7,000 SF $40.02 $40.02 $80.05 23 Residential Precise Grading (Custom Home) - Lot > 7,000 SF $40.02 $200.12 $240.15 Partition 24 Partition $80.05 $147.29 $227.34 City of La Quinta Master Fee Schedule Schedule of Building Fees - Miscellaneous Items 4 EXHIBIT A RESOLUTION NO. 2018-XXX 382 Fee * Fee Description Permit Plan Check Total Notes City of La Quinta Master Fee Schedule Schedule of Building Fees - Miscellaneous Items Patio Cover / Covered Porch / Lattice 25 Standard, Open, Pre-Engineered (First)$107.27 $105.66 $212.93 26 Standard, Enclosed, Pre-Engineered (First)$107.27 $145.69 $252.95 27 Special Design (First)$147.29 $185.71 $333.00 28 Each Additional $53.37 $40.02 $93.39 Pool / Spa 29 Swimming Pool / Spa $200.12 $108.87 $308.99 30 Detached Spa / Water Feature $200.12 $0.00 $200.12 31 Gunite Alteration $200.12 $108.87 $308.99 32 Equipment Change-out Alone $26.68 $101.40 $128.08 Remodel 33 Non-Structural Review - Up to 100 SF $54.43 $148.89 $203.32 [a] 34 Non-Structural Review - Each Additional 500 SF $24.01 $19.21 $43.23 [a] 35 Structural Review bill hourly (1 hour min.)[a] Replacement of Plans/Job Card 36 Replacement of Job Copy of Approved Plans $0.00 $227.34 $227.34 37 Replacement of Inspection Record Card $0.00 $40.02 $40.02 Re-Roof 38 Re-Roof - Up to 2,000 SF $54.43 $108.87 $163.30 39 Re-Roof - Each Additional 1,000 SF $12.81 $0.00 $12.81 Room Addition 40 Room Addition - Up to 100 SF $134.48 $188.92 $323.40 41 Room Addition - Each Additional 500 SF $68.84 $19.21 $88.05 Sign 42 Monument Sign - First $80.05 $147.29 $227.34 43 Monument Sign - Each Additional $27.22 $0.00 $27.22 44 Wall/Awning Sign - First $27.22 $96.06 $123.28 45 Wall/Awning Sign - Each Additional $27.22 $27.22 $54.43 Storage Racks 46 Storage Racks - First 100 LF $27.22 $105.66 $132.88 47 Storage Racks - Each Additional 100 LF $12.81 $0.00 $12.81 Stucco Application 48 Stucco Application - First 500 SF $27.22 $81.65 $108.87 49 Stucco Application - Each Additional 500 SF $8.00 $0.00 $8.00 Temporary Trailer 50 Temporary Trailer $80.05 $0.00 $80.05 Utility Release 51 Electrical Utility Release $80.05 $0.00 $80.05 5 EXHIBIT A RESOLUTION NO. 2018-XXX 383 Fee * Fee Description Permit Plan Check Total Notes City of La Quinta Master Fee Schedule Schedule of Building Fees - Miscellaneous Items Window / Sliding Glass Door / Other Fenestration 52 Retrofit/Repair - Up to 7 $67.24 $65.64 $132.88 53 Retrofit/Repair - Each Additional 5 $11.21 $0.00 $11.21 54 New/Alteration - First $106.73 $121.67 $228.41 55 New/Alteration - Each Additional $11.21 $12.81 $24.01 Administrative Plan Check Initial Deposit - For Various Non-OTC Items 56 a) Miscellaneous Items $0.00 $160.10 $160.10 [b] 57 b) New Construction varies varies varies [b] [c] 58 Plan Check / Permit Extension Processing $0.00 $107.27 $107.27 59 Change of Contractor, Architect, Owner Processing $0.00 $107.27 $107.27 60 Request/Research for Alternative Methods/Product Review bill hourly (1 hour min.) 61 Temporary Certificate of Occupancy $147.29 $0.00 $147.29 62 Disabled Access Compliance Inspection $0.00 $160.10 $160.10 63 Re-inspection Fee $80.05 $0.00 $80.05 64 Investigation Fee for Work Commenced Without a Permit equal to permit fee [b] Non-Refundable Initial Deposit. For projects that request permit issuance the intitial deposit amount will be credited against total fees. [c] Initial deposit varies depending on project details. * In addition to the fees identified in this schedule, the City will pass-through to the applicant any fees imposed by other agencies and any discrete costs incurred from the use of outside service providers required to process the specific application, including the cost of structural engineering review services. [a] Fee is intended to capture structural and non-structural reviews. Mechanical, Electrical, and Plumbing review and inspection fees are collected separately. 6 EXHIBIT A RESOLUTION NO. 2018-XXX 384 Fee Description Fee - Permit * (Project Valuation) 1 $1 - $500 28.04$ 2 $501 - $2,000 56.08$ 3 $2,001 - $10,000 113.67$ for the first $2,000, plus 28.82$ for each additional $1,000 or fraction thereof, to and including $10,000 4 $10,001 - $25,000 344.21$ for the first $10,000, plus 9.29$ for each additional $1,000 or fraction thereof, to and including $25,000 5 $25,001 - $200,000 483.50$ for the first $25,000, plus 0.91$ for each additional $1,000 or fraction thereof, to and including $200,000 6 $200,000 - $1,000,000 641.99$ for the first $200,000, plus 0.62$ for each additional $1,000 or fraction thereof, to and including $1,000,000 7 $1,000,000 and up 1,139.90$ for the first $1,000,000, plus 0.43$ for each additional $1,000 or fraction thereof Fee Description Fee - Plan Check * (Project Valuation) 8 $1 - $500 39.26$ 9 $501 - $2,000 78.52$ 10 $2,001 - $10,000 148.89$ for the first $2,000, plus 51.43$ for each additional $1,000 or fraction thereof, to and including $10,000 11 $10,001 - $25,000 560.34$ for the first $10,000, plus 18.68$ for each additional $1,000 or fraction thereof, to and including $25,000 12 $25,001 - $200,000 840.51$ for the first $25,000, plus 2.97$ for each additional $1,000 or fraction thereof, to and including $200,000 13 $200,000 - $1,000,000 1,360.83$ for the first $200,000, plus 1.42$ for each additional $1,000 or fraction thereof, to and including $1,000,000 14 $1,000,000 and up 2,494.33$ for the first $1,000,000, plus 0.68$ for each additional $1,000 or fraction thereof Fee Description Fee - Plan Check for Multiple Structures - Each Additional ** (Project Valuation) 15 All Valuations 53.37$ Fee Description Fee 16 Building Division Staff 160$ per hour 17 City Attorney or other legal review 100%of actual costs 18 Outside Service Providers 100%of actual costs For service requests, which have no fees listed in this Master Fee Schedule, the City Manager or his/her designee shall determine the appropriate fee based on the following hourly rates for staff time involved in the service or activity. ** Fee applies when multiple identical units are submitted for review and permitted at the same time. City of La Quinta Master Fee Schedule Schedule of Building Fees - New Construction * The City will pass-through to the applicant any fees imposed by other agencies and any discrete costs incurred from the use of outside service providers required to process the specific application, including but not limited to legal review. The new construction fees identified in this fee schedule include the cost of structural engineering review services currently conducted by outside service providers. No additional fees will be collected for the provision of structural engineering review services. 7 EXHIBIT A RESOLUTION NO. 2018-XXX 385 Fee Description Fee Notes Strong Motion Instrumentation (SMI) Fee Calculation [a] 1 Residential $0.50 or valuation x .00013 2 Commercial $0.50 or valuation x .00028 Art In Public Places (AIPP) Fee Calculation [b] 3 Residential $20.00 or 1/4 of 1% of value exceeding $200,000 4 Commercial $20.00 or 1/2 of 1% of value Building Standards Administration Special Revolving Fund (SB 1473) Fee Calculation [c] 5 Valuation: a) $1 - $25,000 $1 b) $25,001 - $50,000 $2 c) $50,001 - $75,000 $3 d) $75,001 - $100,000 $4 e) Every $25,000 or fraction thereof above $100,000 Add $1 Technology Enhancement Fee 6 Technology Enhancement Fee (per permit)$5 Digital Archiving and Records Management Fee 7 Digital Archiving and Records Management Fee a) OTC Permit/Application $10 b) All Others $21 [a] Source: California Public Resources Code Section 2705. [b] Source: La Quinta Municipal Code 2.65.060. [c] Source: California Health and Safety Code Section 18931.6. City of La Quinta Master Fee Schedule Schedule of Building Fees - Other Fees 8 EXHIBIT A RESOLUTION NO. 2018-XXX 386 Fee Description Fee * Notes Temporary Use 1 Temporary Use Permit - Minor (Standard)$263 2 Temporary Use Permit - Minor (Requests Requiring Additional Effort) bill per hour, with $263 base fee 3 Temporary Use Permit - Major (Standard) (Events greater than 200 people) $2,081 4 Temporary Use Permit - Major (Requests Requiring Additional Effort) bill per hour, with $2,081 base fee Minor Use 5 Minor Use Permit bill per hour, with $263 base fee 6 Minor Use Permit - Amendment bill per hour, with $237 base fee Conditional Use 7 Conditional Use Permit bill per hour, with $6,377 base fee 8 Conditional Use Permit - Planned Unit Dev.bill per hour, with $6,377 base fee 9 Conditional Use Permit - Amendment bill per hour, with $3,109 base fee 10 Conditional Use Permit - Time Extension $1,681 Site Development 11 Development Agreement bill per hour, with $3,309 base fee [a] 12 Site Development Permit - Planning Commission bill per hour, with $8,859 base fee 13 Site Development Permit - Administrative bill per hour, with $7,578 base fee 14 Site Development Permit - Amendment bill per hour, with $4,643 base fee 15 Site Development Permit - Time Extension $1,681 16 Modification by Applicant bill per hour, with $320 base fee 17 Minor Adjustment bill per hour, with $320 base fee 18 Variance bill per hour, with $2,401 base fee Landscape Plan 19 Final Landscape Plan - Minor (Minor rehab not exceeding 8,000 SF) $800 20 Final Landscape Plan - Major $1,761 Signs 21 A-Frame Sign Permit $0 22 Sign Permit $263 23 Sign Program bill per hour, with $2,828 base fee 24 Sign Program Amendment $961 Zoning 25 Zone Change bill per hour, with $9,339 base fee 26 Director's Determination $263 27 Certificate of Compliance $263 28 Zoning Letter - Basic Property Information $263 29 Zoning Letter - Basic Property Information with Additional Research Required $1,361 City of La Quinta Master Fee Schedule Schedule of Planning Fees 9 EXHIBIT A RESOLUTION NO. 2018-XXX 387 Fee Description Fee * Notes City of La Quinta Master Fee Schedule Schedule of Planning Fees 30 Zoning Text Amendment bill per hour, with $9,392 base fee Street Name Change 31 Street Name Change $1,841 Historical Structures 32 Landmark Designation/Cert of Appropriateness $1,317 Environmental Review 33 Environmental Assessment $480 34 Recordation of Exemption $160 35 Initial Study (ND/MND)bill per hour, with $3,202 base fee 36 Environmental Impact Report bill per hour, with $8,805 base fee General/Specific Plan 37 Specific Plan bill per hour, with $10,620 base fee 38 Specific Plan - Amendment bill per hour, with $4,750 base fee 39 General Plan Amendment bill per hour, with $10,406 base fee Map 40 Tentative Parcel Map bill per hour, with $5,016 base fee 41 Tentative Parcel Map - Waiver $1,361 42 Tentative Parcel Map - Amendment bill per hour, with $2,988 base fee 43 Tentative Parcel Map - Revision bill per hour, with $2,988 base fee 44 Tentative Parcel Map - Time Extension $961 45 Tentative Tract Map bill per hour, with $8,325 base fee 46 Tentative Tract Map - Amendment bill per hour, with $3,949 base fee 47 Tentative Tract Map - Revision bill per hour, with $3,949 base fee 48 Tentative Tract Map - Time Extension (CC or PC)$1,841 49 Tentative Tract Map - Time Extension (Admin)$1,041 50 Tentative Condominium Map bill per hour, with $8,325 base fee 51 Amended Final Parcel Map (Entitlement Support)bill per hour, with $4,002 base fee 52 Amended Final Tract Map (Entitlement Support)bill per hour, with $6,404 base fee Scanning 53 Scanning Fee (non-digital submittals)$160 Technology Enhancement Fee 54 Technology Enhancement Fee $5 per permit Digital Archiving and Records Management Fee 55 Digital Archiving and Records Management Fee a) OTC Permit/Application $10 b) All Others $21 Appeal 56 Appeal $1,500 * In addition to the fees identified in this schedule, the City will pass-through to the applicant any fees imposed by other agencies and any discrete costs incurred from the use of outside service providers required to process the specific application, including but not limited to legal review. 10 EXHIBIT A RESOLUTION NO. 2018-XXX 388 Fee Description Fee * Notes City of La Quinta Master Fee Schedule Schedule of Planning Fees Fee Description Fee * Notes 57 Planning Division Staff $160 per hour 58 City Attorney or other legal review pass-through of 100%of actual costs 59 Outside Service Providers pass-through of 100%of actual costs [a] In addition to the fee shown for Development Agreement, the City shall collect a $2,000 initial deposit to offset City Attorney costs. For service requests, which have no fees listed in this Master Fee Schedule, the City Manager or his/her designee shall determine the appropriate fee based on the following hourly rates for staff time involved in the service or activity. 11 EXHIBIT A RESOLUTION NO. 2018-XXX 389 Fee Description Fee *Unit Notes Land Subdivision 1 Parcel Map: a) Final Parcel Map i) Initial Sheet $2,480 per sheet ii) Each Additional Sheet $720 per sheet b) Final Parcel Map - Amendment i) Initial Sheet $2,480 per sheet ii) Each Additional Sheet $720 per sheet c) Substantial Conformance Review i) Initial Sheet $2,922 per sheet ii) Each Additional Sheet $1,281 per sheet 2 Tract Map: a) Final Tract Map i) Initial Sheet $2,640 per sheet ii) Each Additional Sheet $800 per sheet b) Final Tract Map - Amendment i) Initial Sheet $2,640 per sheet ii) Each Additional Sheet $800 per sheet c) Substantial Conformance Review i) Initial Sheet $2,922 per sheet ii) Each Additional Sheet $1,281 per sheet 3 Reversion to Acreage: a) Initial Sheet $2,720 per sheet b) Each Additional Sheet $720 per sheet 4 Lot Line Adjustment/Parcel Merger a) Lot Line Adjustment $1,920 per request b) Parcel Merger $1,920 per request 5 Street Dedication/Vacation a) Land Action Documents (ROW/Easements/Grant Deeds) $1,960 per request b) Vacation of Street/Public ROW $2,400 per request 6 Land Survey a) Record of Survey $520 per request b) Certificate of Correction $680 per request Grading / Project Improvements 7 Plan Review (First 3 Reviews): a) Rough Grading i) Initial Sheet $1,481 per sheet ii) Each Additional Sheet $800 per sheet iii) Revisions - Initial Sheet $1,141 per sheet iv) Revisions - Each Additional Sheet $800 per sheet City of La Quinta Master Fee Schedule Schedule of Public Works Fees 12 EXHIBIT A RESOLUTION NO. 2018-XXX 390 Fee Description Fee *Unit Notes City of La Quinta Master Fee Schedule Schedule of Public Works Fees b) Precise Grading - Commercial i) Initial Sheet $1,801 per sheet ii) Each Additional Sheet $1,121 per sheet iii) Revisions - Initial Sheet $1,462 per sheet iv) Revisions - Each Additional Sheet $1,121 per sheet c) Precise Grading - Tract Homes i) Initial Sheet $1,041 per sheet ii) Each Additional Sheet $200 per sheet iii) Revisions - Initial Sheet $621 per sheet iv) Revisions - Each Additional Sheet $200 per sheet d) Precise Grading - Custom Home [a] e) PM10 i) Initial Sheet $579 per sheet ii) Each Additional Sheet $0 per sheet iii) Revisions - Initial Sheet $448 per sheet iv) Revisions - Each Additional Sheet $0 per sheet f) Street Improvements i) Initial Sheet $1,641 per sheet ii) Each Additional Sheet $961 per sheet iii) Revisions - Initial Sheet $1,302 per sheet iv) Revisions - Each Additional Sheet $961 per sheet g) Storm Drain i) Initial Sheet $1,641 per sheet ii) Each Additional Sheet $961 per sheet iii) Revisions - Initial Sheet $1,302 per sheet iv) Revisions - Each Additional Sheet $961 per sheet h) Signing and Striping i) Initial Sheet $1,481 per sheet ii) Each Additional Sheet $800 per sheet iii) Revisions - Initial Sheet $1,141 per sheet iv) Revisions - Each Additional Sheet $800 per sheet i) Traffic Signal i) Initial Sheet $1,321 per sheet ii) Each Additional Sheet $640 per sheet iii) Revisions - Initial Sheet $981 per sheet iv) Revisions - Each Additional Sheet $640 per sheet j) Sidewalk i) Initial Sheet $1,161 per sheet ii) Each Additional Sheet $480 per sheet iii) Revisions - Initial Sheet $821 per sheet iv) Revisions - Each Additional Sheet $480 per sheet 13 EXHIBIT A RESOLUTION NO. 2018-XXX 391 Fee Description Fee *Unit Notes City of La Quinta Master Fee Schedule Schedule of Public Works Fees k) Traffic Control Plan $80 per sheet l) Record Drawings Review i) Initial Sheet $841 per sheet ii) Each Additional Sheet $160 per sheet m) Hydrology Report $1,721 per report i) Revisions $800 per report n) Traffic Study $1,321 per study o) WQMP Report i) With Prior Entitlement $1,561 per report ii) Without Prior Entitlement $1,881 per report iii) Revisions $800 per report p) SWPPP $1,801 per plan i) Revisions $640 per plan q) Sewer and Water i) Initial Sheet $1,121 per sheet ii) Each Additional Sheet $480 per sheet iii) Revisions - Initial Sheet $800 per sheet iv) Revisions - Each Additional Sheet $480 per sheet 8 Plan Review (>3 Reviews)$160 per hour 9 Expedited Plan Review Fee 1.5x standard fee [b] 10 Permit Inspection a) Rough Grading i) First 3 Acres $3,202 ii) Each Additional Acre $400 b) Precise Grading $0 i) First 3 Acres $3,202 ii) Each Additional Acre $400 c) Precise Grading - Tract Homes [c] d) Precise Grading - Custom Homes [c] e) PM10 i) < 10 Acres $3,842 [d] ii) 10 - 50 Acres $5,764 [d] iii) 51 - 200 Acres $7,685 [d] iv) > 200 Acres $11,527 [d] f) Street Improvements - Off-Site i) First 1,000 LF $5,123 ii) Each Additional 1,000 LF $2,882 g) Street Improvements - On-Site i) First 1,000 LF $3,522 14 EXHIBIT A RESOLUTION NO. 2018-XXX 392 Fee Description Fee *Unit Notes City of La Quinta Master Fee Schedule Schedule of Public Works Fees ii) Each Additional 1,000 LF $1,921 h) Storm Drain i) First 1,000 LF $1,921 ii) Each Additional 1,000 LF $961 i) Signing and Striping i) First 1,000 LF $1,601 ii) Each Additional 1,000 LF $480 j) Traffic Signal $3,522 k) NPDES $1,921 l) Bond Reduction Request $2,161 m) Final Inspection/Acceptance $2,882 n) Traffic Control Only i) One Day $320 ii) Two - Five Days $640 iii) Each Additional Day (Up to 10 Days)$320 iv) 11+ Days $2,962 o) Cut/Bore $720 p) Driveway i) Residential $160 ii) Commercial $1,041 q) Excavation i) First 100 Lineal Feet $720 ii) Each Additional 100 Lineal Feet $160 r) Sidewalk i) First 100 Lineal Feet $1,041 ii) Each Additional 100 Lineal Feet $320 s) Sewer and Water $1,281 t) Night Work $400 11 Research/Administrative a) Subdiv'n Improvement Agreem't (SIA)$1,921 per request b) SIA - Time Extension $1,121 per request c) Assignment & Assumptions Agreem't $2,081 per request d) Flood Plain Research/FEMA App $961 per request e) Bid Protest Review $721 per request 12 Reactivation of Permit a) Reactivation of an Expired Permit $480 per year 15 EXHIBIT A RESOLUTION NO. 2018-XXX 393 Fee Description Fee *Unit Notes City of La Quinta Master Fee Schedule Schedule of Public Works Fees 13 Technology Enhancement Fee Technology Enhancement Fee $5 per permit Digital Archiving and Records Management Fee 14 Digital Archiving and Records Management Fee a) OTC Permit/Application $10 each b) All Others $21 each 15 Transportation Permits a) Annual $90 each b) Single Event $16 each Fee Description Fee *Unit Notes 16 Public Works Personnel $160 per hour 17 City Attorney or other legal review 100%of actual costs 18 Outside Service Providers 100%pass-through of actual cost [a] Plan review fees for Precise Grading - Custom Home are identified as part of the Building fee schedule and are based on the lot size of the custom home. See Building fee schedule, Grading section. [c] Inspection fees for Precise Grading - Custom Homes and Tract Homes are identified as part of the Building fee schedule. See Building fee schedule, Grading section. [d] For PM10 annual permit. For permits required for less than one year, or portion of year, fees will be pro-rated based on the number of months permitted. * In addition to the fees identified in this schedule, the City will pass-through to the applicant any discrete costs incurred from the use of outside service providers required to process the specific application, including but not limited to legal review. Exception for contract traffic engineering and plan review consulting costs, which are included in the fees listed above. For service requests, which have no fees listed in this Master Fee Schedule, the City Manager or his/her designee shall determine the appropriate fee based on the following hourly rates for staff time involved in the service or activity. [b] Expedited Plan Review request is subject to City Engineer approval. It is dependent on staff availability and workload. 16 EXHIBIT A RESOLUTION NO. 2018-XXX 394 Fee * Fee Description Plan Check Permit Total Notes Construction-Related Fire Review and Inspection Fees 1 New Single Family Dwelling 240$ 160$ 400$ [a] 2 New Multi-Residential (Hotel, Motel, Apartments, Condominiums)480$ 320$ 801$ 3 New Commercial / Industrial 480$ 400$ 881$ 4 Residential Addition / Remodel 160$ 160$ 320$ [a] 5 Commercial Tenant Improvement 240$ 160$ 400$ 6 Commercial / Industrial Addition or Remodel 240$ 240$ 480$ 7 Commercial Cooking Hood and Duct Systems 240$ 160$ 400$ 8 Water Systems (Fire Hydrants, Water Mains, Sprinkler Risers)400$ 480$ 881$ 9 Pre-Engineered Fire Suppression Systems (Halon, Dry-Chemical, etc.)480$ 320$ 801$ 10 Fire Alarm Systems 560$ 480$ 1,041$ 11 Fire Sprinkler Systems - Single Family Detached 240$ 160$ 400$ 12 Fire Sprinkler Systems - Multi-Family 3 or more units 320$ 240$ 560$ 13 Fire Sprinkler Systems - Commercial / Industrial 0 - 35,000 SF 400$ 240$ 640$ 14 Fire Sprinkler Systems - Commercial / Industrial 35,001 - 75,000 SF 480$ 280$ 760$ 15 Fire Sprinkler Systems - Commercial / Industrial 75,001 - 120,000 SF 560$ 400$ 961$ 16 Fire Sprinkler Systems - Commercial / Industrial > 120,000 SF 640$ 560$ 1,201$ 17 Fire Sprinkler Systems - Tenant Improvement > 10 Heads 240$ 160$ 400$ 18 Fire Pumps 320$ 320$ 640$ 19 Fire Standpipe Systems 240$ 320$ 560$ 20 Fire Sprinkler Systems Supervision & Alarms 240$ 160$ 400$ 21 Smoke Controls (Smoke & Heat Vents, Barriers, Enclosures, etc.)560$ 480$ 1,041$ 22 Fire Water Tanks 240$ 160$ 400$ 23 Underground Water Supply to Sprinkler Riser (per riser)320$ 320$ 640$ 24 Egress Analysis 160$ 160$ 320$ 25 Occupancy Load / Seating Capacity Determinations -$ 160$ 160$ 26 Fire Compliance Release/Final -$ 160$ 160$ 27 Plan Revision Submittals - each 160$ -$ 160$ 28 Plan Resubmittals (in Excess of 3 Reviews) - each 160$ -$ 160$ 29 Failed or Additional Field Inspections -$ 160$ 160$ Other 30 Special Event Permit 160$ 240$ 400$ 31 Pyrotechnic Permit 400$ 320$ 720$ 32 Pyrotechnic Event Standby (per hour)bill hourly 33 Fire Miscellaneous (per hour)bill hourly Technology Enhancement Fee 34 Technology Enhancement Fee n/a n/a 5$ Digital Archiving and Records Management Fee 35 Digital Archiving and Records Management Fee a) OTC Permit/Application n/a n/a 10$ b) All Others n/a n/a 21$ City of La Quinta Master Fee Schedule Schedule of Fire Fees 17 EXHIBIT A RESOLUTION NO. 2018-XXX 395 Fee * Fee Description Plan Check Permit Total Notes City of La Quinta Master Fee Schedule Schedule of Fire Fees Fee Description Fee * Notes 36 City Assigned Fire Safety Specialist $160 per hour 37 Other County Fire Services See County Fees 38 City Attorney or other legal review 100%of actual costs 39 Outside Service Providers 100%of actual costs [a] Fee will not apply for all submittals. Before applying fees, Fire Department will review project submittal to determine if review is necessary or if review fees have been collected as part of the development planning process. For service requests, which have no fees listed in this Master Fee Schedule, the City Manager or his/her designee shall determine the appropriate fee based on the following hourly rates for staff time involved in the service or activity. * In addition to the fees identified in this schedule, the City will pass-through to the applicant any fees imposed by other agencies and any discrete costs incurred from the use of outside service providers required to process the specific application, including but not limited to legal review. 18 EXHIBIT A RESOLUTION NO. 2018-XXX 396 Fee Description Fee Unit Notes NPDES Ongoing Inspection Fee 1 Food Establishment Facilities $46 per year 2 Hazardous Waste/Materials Facilities - 3Yr $98 per year 3 Hazardous Waste/Materials Facilities - 1Yr $259 per year Code Compliance 4 Code Compliance Follow-Up, If Required $109 per hour City of La Quinta Master Fee Schedule Schedule of NPDES Ongoing Inspection Fees 19 EXHIBIT A RESOLUTION NO. 2018-XXX 397 Fee Description Fee Unit Notes Short-Term Vacation Rental Permit Fee 1 Annual Permit Fee $105 per year 2 Code Compliance Inspection Fee (if applicable)$325 per unit 3 Technology Enhancement Fee $5 per year City of La Quinta Master Fee Schedule Schedule of Short-Term Vacation Rental Permit Fees 20 EXHIBIT A RESOLUTION NO. 2018-XXX 398 Fee Description Fee Unit Notes Medical Cannabis Delivery Services Application 1 Medical Cannabis Delivery Service Application a) Delivery Service Application - New $468 per year b) Delivery Service Application - Renewal $468 per year 2 Technology Enhancement Fee $5 per year City of La Quinta Master Fee Schedule Schedule of Medical Cannabis Delivery Application Fees 21 EXHIBIT A RESOLUTION NO. 2018-XXX 399 Fee Description Fee Unit Notes False Alarm Response 1 Police False Alarm Response [a] a) 1st False Alarm Response No Charge each b) 2nd False Alarm Response No Charge each c) 3rd False Alarm Response $51 each d) 4th False Alarm Response $103 each e) 5th and Each Additional False Alarm Response $109 each 2 Fire False Alarm Response [a] a) 1st False Alarm Response No Charge each b) 2nd False Alarm Response No Charge each c) 3rd False Alarm Response $51 each d) 4th False Alarm Response $257 each e) 5th and Each Additional False Alarm Response $600 each [a] Based on number of false alarms in a 365 day period. City of La Quinta Master Fee Schedule Schedule of False Alarm Response Fees 22 EXHIBIT A RESOLUTION NO. 2018-XXX 400 Fee Description Fee Unit Notes 1 Vehicle Impound Cost Recovery Fee $219 each City of La Quinta Master Fee Schedule Schedule of Vehicle Impound Cost Recovery Fees 23 EXHIBIT A RESOLUTION NO. 2018-XXX 401 Fee Description Fee Unit Notes Code Enforcement Hourly Rate 1 Code Enforcement Hourly Rate $109 per hour [a] City of La Quinta Master Fee Schedule Schedule of Code Enforcement Hourly Rate for Services [a] Hourly rate for Code Compliance inspections required or requested for which no other fees are listed, requests for special event support, etc. 24 EXHIBIT A RESOLUTION NO. 2018-XXX 402 Fee Description Fee Unit Notes 1 Pool Drain Permit $25 per permit 2 Golf Cart Permit a) New $50 per permit b) Renewal $25 per permit City of La Quinta Master Fee Schedule Schedule of Pool Drain and Golf Cart Permit Fees 25 EXHIBIT A RESOLUTION NO. 2018-XXX 403 Fee Description Fee Unit Notes 1 Home Occupation Permit $100 per permit 2 Home Occupation Permit - Address Change $50 per permit City of La Quinta Master Fee Schedule Schedule of Home Occupation Permit Fees 26 EXHIBIT A RESOLUTION NO. 2018-XXX 404 Fee Description Fee Unit Notes 1 Film/Photography Permit Application Review Fee a) Cast and Crew of One to Three Persons $100 per permit [a] b) Cast and Crew of Four or More Persons $400 per permit [a] City of La Quinta Master Fee Schedule Schedule of Film/Photography Permit Fees [a] Additional fees may apply for business license, other agency review fees, security, sanitation/health, fire, building and safety, on- site support, etc. 27 EXHIBIT A RESOLUTION NO. 2018-XXX 405 Fee Description Fee Unit Notes 1 Bingo Permit a) Initial $50 per permit b) Renewal $50 per permit City of La Quinta Master Fee Schedule Schedule of Bingo Permit Fees 28 EXHIBIT A RESOLUTION NO. 2018-XXX 406 Fee Description Fee *Unit Notes ** 1 Black and White Copy - up to 8.5 x 14 $0.15 per single-sided page 2 Black and White Copy - 11 x 17 $0.20 per single-sided page 3 Color Copy - up to 8.5 x 14 $0.25 per single-sided page 4 Color Copy - 11 x 17 $0.50 per single-sided page 5 Oversized Sheets (Plans/Maps)$3.00 per sheet [a] 6 CD/DVD/Flash Drive $5.00 per CD/DVD/Drive 7 Certified Document $2.00 per document 8 Agency Credit Card Service Fee 1.8%% of fees paid [b] 9 Processing Fee for Receipt of Non-Sufficient Funds a) First from Payee $25.00 per occurrence [c] b) Each Subsequent from Payee $35.00 per occurrence [c] [a] If more than two sheets are requested, the City will typically process the request using an outside vendor service. [b] Fee is intended to function as a pass-through of credit card transaction vendor charge. Annual updates should be based on vendor charge. [c] Set by State (Civil Code Section 1719). ** Periodically, the City completes a cost of service analysis for the administrative fees included in this schedule. The findings of the analysis will be used to influence recommended administrative fees. In between cost of service studies, the City will annually identify the yearly change in the consumer price index, and identify the fee eligible for recovery based on the change in the index. However, for the sake of administrative efficiency the City will adjust fees in $0.05 increments (for example, when the inflation adjusted black and white copy fee is between $0.15 and $0.19 the City will charge $0.15 per copy). City of La Quinta Master Fee Schedule Schedule of Administrative Fees * In addition to the fees identified in this schedule, the City will pass-through to the applicant any fees imposed by other agencies and any discrete costs incurred from the use of outside service providers required to process the specific request for information/service, including but not limited to legal review. * In addition to the fees identified in this schedule, if a request for electronic records either (1) is for a record normally issued only periodically, or (2) requires data compilation, extraction, or programming, costs will include the cost of producing the copy, including construction, programming and computer services. 29 EXHIBIT A RESOLUTION NO. 2018-XXX 407 Fee Description Fee Unit Notes 1 Appeal to Hearing Officer of Administrative Citation $25 per appeal [a] 2 Appeal of an Administrative Decision to City Manager $250 per appeal [a] 3 Appeal to Construction Board of Appeals $1,500 per appeal [a] 4 Appeal to Planning Commission $1,500 per appeal [a] 5 Appeal to City Council $1,500 per appeal [a] City of La Quinta Master Fee Schedule Schedule of Appeal Fees [a] Depending on the subject of the appeal, specialized expertise may be solicited, at the expense of the applicant, for the purpose of providing input to the City Manager, Construction Board of Appeals, Planning Commission or City Council. 30 EXHIBIT A RESOLUTION NO. 2018-XXX 408 "Attachment 1" Listing of Fees Proposed to be Modified by an Amount Other than 2.6% CPI Adjustment 409 410 City of La Quinta Master Fee Schedule Update List of Exceptions to 2.6% Adjustment Applied to City's Fee Schedule Fee Description Current Fee Proposed Fee Reason for Exception Fees Proposed to be Modified Public Works Fees Land Subdivision 1 Parcel Map: a) Final Parcel Map i) Initial Sheet $1,951 $2,480 ii) Each Additional Sheet $546 $720 b) Final Parcel Map - Amendment i) Initial Sheet $1,951 $2,480 ii) Each Additional Sheet $546 $720 2 Tract Map: a) Final Tract Map i) Initial Sheet $2,107 $2,640 ii) Each Additional Sheet $624 $800 b) Final Tract Map - Amendment i) Initial Sheet $2,107 $2,640 ii) Each Additional Sheet $624 $800 3 Reversion to Acreage: a) Initial Sheet $2,263 $2,720 b) Each Additional Sheet $468 $720 4 Lot Line Adjustment/Parcel Merger a) Lot Line Adjustment $1,716 $1,920 b) Parcel Merger $1,716 $1,920 5 Street Dedication/Vacation a) Land Action Documents (ROW/Easements/Grant Deeds) $1,755 $1,960 b) Vacation of Street/Public ROW $2,185 $2,400 Updated service times for in-house and contract service providers Attachment 1: 1411 City of La Quinta Master Fee Schedule Update List of Exceptions to 2.6% Adjustment Applied to City's Fee Schedule Fee Description Current Fee Proposed Fee Reason for Exception Fees Proposed to be Modified Other Fees 1 Short-Term Vacation Rental Permit Fee a) Annual Permit Fee $103 $105 CPI change only b) Code Compliance Inspection Fee (if applicable)n/a $325 new fee proposed to recover full cost of service 2 Pool Drain Permit $10 $25 improve recovery, but continue at partial recovery 3 Golf Cart Permit a) New $10 $50 improve recovery, but continue at partial recovery b) Renewal $10 $25 improve recovery, but continue at partial recovery 4 Home Occupation Permit a) Home Occupation Permit $70 $100 improve recovery, but continue at partial recovery b) Home Occupation Permit - Address Change $35 $50 improve recovery, but continue at partial recovery 5 Film/Photography Permit Application Review Fee a) Cast and Crew of One to Three Persons varies $100 allow for more uniform fee application b) Cast and Crew of Four or More Persons varies $400 allow for more uniform fee application 6 Bingo Permit a) Initial n/a $50 improve recovery, but continue at partial recovery b) Renewal n/a $50 improve recovery, but continue at partial recovery Attachment 1: 2412 "Attachment 2" Fee Schedule Showing Current Fees, Proposed Fees, and Proposed Fee Change Percentage 413 414 Table of Contents Contents Page 1 Building Fees - Mechanical, Plumbing, and Electrical 1 2 Building Fees - Miscellaneous Items 5 3 Building Fees - New Construction 9 4 Building Fees - Other Fees 12 5 Planning Fees 13 6 Public Works Fees 16 7 Fire Fees 22 8 NPDES Ongoing Inspection Fees 24 9 Short-Term Vacation Rental Permit Fees 25 10 Medical Cannabis Delivery Application Fees 26 11 False Alarm Response Fees 27 12 Vehicle Impound Cost Recovery Fees 28 13 Code Enforcement Hourly Rate for Services 29 14 Pool Drain and Golf Cart Permit Fees 30 15 Home Occupation Permit Fees 31 16 Film/Photography Permit Fees 32 17 Bingo Permit Fees 33 18 Administrative Fees 34 19 Appeal Fees 35 415 416 Aug 2017 Adopted Fee *Aug 2018 Proposed Fee * Fee Description Permit Plan Check Total Permit Plan Check Total Fee Change Notes Permit Issuance 1 Permit Issuance (Mechanical, Plumbing, Electrical) $ 98.83 $ - $ 98.83 101.40$ -$ 101.40$ 2.60% Mechanical 2 Installation or relocation of each forced-air or gravity-type furnace or burner, including ducts and vents attached to such appliance $ 39.01 $ 26.01 $ 65.02 40.02$ 26.68$ 66.71$ 2.60% 3 Installation or relocation of each suspended heater, recessed wall heater, or floor-mounted unit heater $ 26.01 $ 13.00 $ 39.01 26.68$ 13.34$ 40.02$ 2.60% 4 Repair of, alteration of, or addition to each heating appliance, refrigeration unit, cooling unit, absorption unit, or each heating, cooling, absorption, or evaporative cooling system, including installation of controls regulated by the UMC $ 13.00 $ 5.20 $ 18.20 13.34$ 5.34$ 18.68$ 2.60% 5 Installation or relocation of each boiler, condenser, compressor, or each absorption system $ 39.01 $ 26.01 $ 65.02 40.02$ 26.68$ 66.71$ 2.60% 6 Air-handling unit, including attached ducts $ 39.01 $ 13.00 $ 52.01 40.02$ 13.34$ 53.37$ 2.60% 7 Evaporative cooler, other than portable-type $ 13.00 $ 13.00 $ 26.01 13.34$ 13.34$ 26.68$ 2.60% 8 Ventilation fan connected to a single-duct $ 13.00 $ 5.20 $ 18.20 13.34$ 5.34$ 18.68$ 2.60% 9 Installation of each hood which is served by mechanical exhaust, including the ducts for such hood $ 13.00 $ 5.20 $ 18.20 13.34$ 5.34$ 18.68$ 2.60% 10 Each appliance or piece of equipment not classified in other appliance categories, or for which no other fee is listed $ 39.01 $ 39.01 $ 78.02 40.02$ 40.02$ 80.05$ 2.60% Mechanical Change-Out 11 Condenser Only $ 39.01 $ 26.01 $ 65.02 40.02$ 26.68$ 66.71$ 2.60% 12 Furnace Only $ 39.01 $ 26.01 $ 65.02 40.02$ 26.68$ 66.71$ 2.60% 13 Other Equipment $ 39.01 $ 39.01 $ 78.02 40.02$ 40.02$ 80.05$ 2.60% 14 Packaged Unit $ 39.01 $ 26.01 $ 65.02 40.02$ 26.68$ 66.71$ 2.60% 15 Repair / Alteration $ 13.00 $ 5.20 $ 18.20 13.34$ 5.34$ 18.68$ 2.60% 16 Split-System $ 39.01 $ 78.02 $ 117.03 40.02$ 80.05$ 120.07$ 2.60% City of La Quinta DRAFT - Working Version of the Master Fee Schedule Schedule of Building Fees - Mechanical, Plumbing, and Electrical Attachment 2: 1417 Aug 2017 Adopted Fee *Aug 2018 Proposed Fee * Fee Description Permit Plan Check Total Permit Plan Check Total Fee Change Notes City of La Quinta DRAFT - Working Version of the Master Fee Schedule Schedule of Building Fees - Mechanical, Plumbing, and Electrical Plumbing 17 Each plumbing fixture or trap or set of fixtures on one trap (including water, drainage piping, and backflow protection) $ 13.00 $ 13.00 $ 26.01 13.34$ 13.34$ 26.68$ 2.60% 18 Sewer Connection / Septic Abandonment $ 26.01 $ 18.20 $ 44.21 26.68$ 18.68$ 45.36$ 2.60% 19 Rainwater systems, per drain (inside building) $ 13.00 $ 13.00 $ 26.01 13.34$ 13.34$ 26.68$ 2.60% 20 Water heater and/or vent $ 13.00 $ 7.80 $ 20.81 13.34$ 8.00$ 21.35$ 2.60% 21 Industrial waste pretreatment interceptor including its trap and vent, excepting kitchen-type grease interceptors functioning as fixture traps $ 39.01 $ 13.00 $ 52.01 40.02$ 13.34$ 53.37$ 2.60% 22 Installation, alteration, or repair of water piping and/or water-treating equipment, drainage or vent piping, each fixture $ 13.00 $ 13.00 $ 26.01 13.34$ 13.34$ 26.68$ 2.60% 23 Backflow protective device other than atmospheric-type vacuum breakers $ 13.00 $ 5.20 $ 18.20 13.34$ 5.34$ 18.68$ 2.60% 24 Gas piping system - 1 to 4 outlets $ 13.00 $ 26.01 $ 39.01 13.34$ 26.68$ 40.02$ 2.60% 25 Gas piping system - 5 or more outlets $ 39.01 $ 26.01 $ 65.02 40.02$ 26.68$ 66.71$ 2.60% 26 Solar (Thermal) $ 26.01 $ 26.01 $ 52.01 26.68$ 26.68$ 53.37$ 2.60% Electrical New Construction 27 Residential - First 1,000 SF (includes livable and non-livable SF) $ 156.04 $ 51.49 $ 207.53 160.10$ 52.83$ 212.93$ 2.60% 28 Residential - Each Additional 1,000 SF (includes livable and non-livable SF) $ 13.26 $ 5.46 $ 18.72 13.61$ 5.60$ 19.21$ 2.60% 29 Non-Residential - First 2,000 SF $ 117.03 $ 90.50 $ 207.53 120.07$ 92.86$ 212.93$ 2.60% 30 Non-Residential - Each Additional 2,000 SF $ 39.01 $ 10.40 $ 49.41 40.02$ 10.67$ 50.70$ 2.60% Solar (Photovoltaic) 31 Solar (PV) Less than 10kW $ 26.01 $ 26.01 $ 52.01 26.68$ 26.68$ 53.37$ 2.60% 32 Solar (PV) Greater than 10kW $ 39.01 $ 39.01 $ 78.02 40.02$ 40.02$ 80.05$ 2.60% 33 Each Additional String (<20) $ 2.60 $ 0.65 $ 3.25 2.67$ 0.67$ 3.34$ 2.60% Attachment 2: 2418 Aug 2017 Adopted Fee *Aug 2018 Proposed Fee * Fee Description Permit Plan Check Total Permit Plan Check Total Fee Change Notes City of La Quinta DRAFT - Working Version of the Master Fee Schedule Schedule of Building Fees - Mechanical, Plumbing, and Electrical Receptacle, Switch, and Lighting Outlets 34 Receptacle, switch, lighting, or other outlets at which current is used or controlled, except services, feeders, and meters - first 20 $ 26.01 $ 26.01 $ 52.01 26.68$ 26.68$ 53.37$ 2.60% 35 Receptacle, switch, lighting, or other outlets at which current is used or controlled, except services, feeders, and meters - each additional $ 2.60 $ 0.65 $ 3.25 2.67$ 0.67$ 3.34$ 2.60% Lighting Fixtures 36 Lighting fixtures, sockets, or other lamp-holding devices - first 20 $ 26.01 $ 26.01 $ 52.01 26.68$ 26.68$ 53.37$ 2.60% 37 Lighting fixtures, sockets, or other lamp-holding devices - each add'l $ 2.60 $ 0.65 $ 3.25 2.67$ 0.67$ 3.34$ 2.60% 38 Pole or platform-mounted light replacement, repair or alteration - first 10 $ 26.01 $ 26.01 $ 52.01 26.68$ 26.68$ 53.37$ 2.60% 39 Pole or platform-mounted light replacement, repair or alteration - each additional $ 2.60 $ 0.65 $ 3.25 2.67$ 0.67$ 3.34$ 2.60% Residential Appliances 40 Fixed residential appliances or receptacle outlets for same, including wall- mounted electric ovens; counter-mounted cooking tops; electric ranges; self- contained room, console, or through-wall air conditioners; space heaters; food waste grinders; dishwashers; washing machines; water heaters; clothes dryers; or other motor-operated appliances not exceeding one horsepower (HP) in rating, each $ 13.00 $ 13.00 $ 26.01 13.34$ 13.34$ 26.68$ 2.60% Non-Residential Appliances 41 Residential appliances and self-contained, factory-wired, non-residential appliances not exceeding one horsepower (HP), kilowatt (KW) , or kilovolt ampere (KVA) in rating, including medical and dental devices; food, beverage, and ice cream cabinets; illuminated show cases; drinking fountains; vending machines; laundry machines; or other similar types of equipment, each $ 26.01 $ 26.01 $ 52.01 26.68$ 26.68$ 53.37$ 2.60% Power Apparatus 42 Motors, generators, transformers, rectifiers, synchronous converters, capacitors, industrial heating, air conditioners and heat pumps, cooking or baking equipment, and other apparatus, each $ 26.01 $ 26.01 $ 52.01 26.68$ 26.68$ 53.37$ 2.60% Signs, Outline Lighting, and Marquees 43 Signs, outline lighting systems, or marquees, each $ 39.01 $ 52.01 $ 91.02 40.02$ 53.37$ 93.39$ 2.60% Attachment 2: 3419 Aug 2017 Adopted Fee *Aug 2018 Proposed Fee * Fee Description Permit Plan Check Total Permit Plan Check Total Fee Change Notes City of La Quinta DRAFT - Working Version of the Master Fee Schedule Schedule of Building Fees - Mechanical, Plumbing, and Electrical Services 44 Services, each $ 26.01 $ 13.00 $ 39.01 26.68$ 13.34$ 40.02$ 2.60% Temporary Power Services 45 Temporary service power pole or pedestal, including all pole or pedestal- mounted receptacle outlets and appurtenances, each $ 26.01 $ 18.20 $ 44.21 26.68$ 18.68$ 45.36$ 2.60% Miscellaneous Apparatus, Conduits, and Conductors 46 Electrical apparatus, conduits, and conductors for which a permit is required, but for which no fee is identified $ 26.01 $ 26.01 $ 52.01 26.68$ 26.68$ 53.37$ 2.60% * In addition to the fees identified in this schedule, the City will pass-through to the applicant any fees imposed by other agencies and any discrete costs incurred from the use of outside service providers required to process the specific application. Attachment 2: 4420 Aug 2017 Adopted Fee *Aug 2018 Proposed Fee * Fee Description Permit Plan Check Total Permit Plan Check Total Fee Change Notes Antenna 1 Dish > 2 Ft $39.01 $143.56 $182.57 40.02$ 147.29$ 187.31$ 2.60% 2 Cellular/Mobile Phone $156.04 $221.58 $377.62 160.10$ 227.34$ 387.44$ 2.60% 3 Equipment Shelter $39.01 $104.55 $143.56 40.02$ 107.27$ 147.29$ 2.60% Appeal 4 Appeal bill hourly (1 hour min.)bill hourly (1 hour min.)2.60% Awning/Canopy (Supported by Building) 5 Awning/Canopy $15.60 $221.58 $237.18 16.01$ 227.34$ 243.35$ 2.60% Balcony Addition 6 Balcony Addition $156.04 $182.57 $338.61 160.10$ 187.31$ 347.41$ 2.60% Block Wall 7 Block Wall - First 100 LF $52.01 $65.02 $117.03 53.37$ 66.71$ 120.07$ 2.60% 8 Block Wall - Each Addt'l 50 LF $15.60 $0.00 $15.60 16.01$ -$ 16.01$ 2.60% 9 Retaining / Combination Wall - Each 50 LF $15.60 $0.00 $15.60 16.01$ -$ 16.01$ 2.60% Carport 10 Carport - First $78.02 $104.55 $182.57 80.05$ 107.27$ 187.31$ 2.60% 11 Carport - Each Additional $78.02 $41.61 $119.63 80.05$ 42.69$ 122.74$ 2.60% Compliance Survey/Special Inspection 12 Compliance Survey/Special Inspection $78.02 $195.05 $273.07 80.05$ 200.12$ 280.17$ 2.60% Demolition 13 Demolition $26.53 $93.62 $120.15 27.22$ 96.06$ 123.28$ 2.60% 14 Demolition - Interior $39.01 $104.55 $143.56 40.02$ 107.27$ 147.29$ 2.60% 15 Demolition - Exterior $39.01 $117.03 $156.04 40.02$ 120.07$ 160.10$ 2.60% Fence 16 Fence - First 100 LF $51.49 $65.54 $117.03 52.83$ 67.24$ 120.07$ 2.60% 17 Fence - Each Additional 50 LF $15.60 $0.00 $15.60 16.01$ -$ 16.01$ 2.60% City of La Quinta DRAFT - Working Version of the Master Fee Schedule Schedule of Building Fees - Miscellaneous Items Attachment 2: 5421 Aug 2017 Adopted Fee *Aug 2018 Proposed Fee * Fee Description Permit Plan Check Total Permit Plan Check Total Fee Change Notes City of La Quinta DRAFT - Working Version of the Master Fee Schedule Schedule of Building Fees - Miscellaneous Items Fireplace 18 Fireplace $156.04 $234.06 $390.10 160.10$ 240.15$ 400.25$ 2.60% Flag/Lighting Pole 19 Flag/Lighting Pole - First $39.01 $104.55 $143.56 40.02$ 107.27$ 147.29$ 2.60% 20 Flag/Lighting Pole - Each Additional $15.60 $4.68 $20.29 16.01$ 4.80$ 20.81$ 2.60% Grading 21 Residential Precise Grading (Tract Homes) - Per Home $143.56 [a]$143.56 147.29$ [a]147.29$ 2.60% 22 Residential Precise Grading (Custom Home) - Lot <= 7,000 SF $39.01 $39.01 $78.02 40.02$ 40.02$ 80.05$ 2.60% 23 Residential Precise Grading (Custom Home) - Lot > 7,000 SF $39.01 $195.05 $234.06 40.02$ 200.12$ 240.15$ 2.60% Partition 24 Partition $78.02 $143.56 $221.58 80.05$ 147.29$ 227.34$ 2.60% Patio Cover / Covered Porch / Lattice 25 Standard, Open, Pre-Engineered (First)$104.55 $102.99 $207.53 107.27$ 105.66$ 212.93$ 2.60% 26 Standard, Enclosed, Pre-Engineered (First)$104.55 $142.00 $246.54 107.27$ 145.69$ 252.95$ 2.60% 27 Special Design (First)$143.56 $181.01 $324.57 147.29$ 185.71$ 333.00$ 2.60% 28 Each Additional $52.01 $39.01 $91.02 53.37$ 40.02$ 93.39$ 2.60% Pool / Spa 29 Swimming Pool / Spa $195.05 $106.11 $301.16 200.12$ 108.87$ 308.99$ 2.60% 30 Detached Spa / Water Feature $195.05 $0.00 $195.05 200.12$ -$ 200.12$ 2.60% 31 Gunite Alteration $195.05 $106.11 $301.16 200.12$ 108.87$ 308.99$ 2.60% 32 Equipment Change-out Alone $26.01 $98.83 $124.83 26.68$ 101.40$ 128.08$ 2.60% Remodel 33 Non-Structural Review - Up to 100 SF $53.05 $145.12 $198.17 54.43$ 148.89$ 203.32$ 2.60%[a] 34 Non-Structural Review - Each Additional 500 SF $23.41 $18.72 $42.13 24.01$ 19.21$ 43.23$ 2.60%[a] 35 Structural Review bill hourly (1 hour min.)bill hourly (1 hour min.)2.60%[a] Attachment 2: 6422 Aug 2017 Adopted Fee *Aug 2018 Proposed Fee * Fee Description Permit Plan Check Total Permit Plan Check Total Fee Change Notes City of La Quinta DRAFT - Working Version of the Master Fee Schedule Schedule of Building Fees - Miscellaneous Items Replacement of Plans/Job Card 36 Replacement of Job Copy of Approved Plans $0.00 $221.58 $221.58 -$ 227.34$ 227.34$ 2.60% 37 Replacement of Inspection Record Card $0.00 $39.01 $39.01 -$ 40.02$ 40.02$ 2.60% Re-Roof 38 Re-Roof - Up to 2,000 SF $53.05 $106.11 $159.16 54.43$ 108.87$ 163.30$ 2.60% 39 Re-Roof - Each Additional 1,000 SF $12.48 $0.00 $12.48 12.81$ -$ 12.81$ 2.60% Room Addition 40 Room Addition - Up to 100 SF $131.07 $184.13 $315.20 134.48$ 188.92$ 323.40$ 2.60% 41 Room Addition - Each Additional 500 SF $67.10 $18.72 $85.82 68.84$ 19.21$ 88.05$ 2.60% Sign 42 Monument Sign - First $78.02 $143.56 $221.58 80.05$ 147.29$ 227.34$ 2.60% 43 Monument Sign - Each Additional $26.53 $0.00 $26.53 27.22$ -$ 27.22$ 2.60% 44 Wall/Awning Sign - First $26.53 $93.62 $120.15 27.22$ 96.06$ 123.28$ 2.60% 45 Wall/Awning Sign - Each Additional $26.53 $26.53 $53.05 27.22$ 27.22$ 54.43$ 2.60% Storage Racks 46 Storage Racks - First 100 LF $26.53 $102.99 $129.51 27.22$ 105.66$ 132.88$ 2.60% 47 Storage Racks - Each Additional 100 LF $12.48 $0.00 $12.48 12.81$ -$ 12.81$ 2.60% Stucco Application 48 Stucco Application - First 500 SF $26.53 $79.58 $106.11 27.22$ 81.65$ 108.87$ 2.60% 49 Stucco Application - Each Additional 500 SF $7.80 $0.00 $7.80 8.00$ -$ 8.00$ 2.60% Temporary Trailer 50 Temporary Trailer $78.02 $0.00 $78.02 80.05$ -$ 80.05$ 2.60% Utility Release 51 Electrical Utility Release $78.02 $0.00 $78.02 80.05$ -$ 80.05$ 2.60% Window / Sliding Glass Door / Other Fenestration 52 Retrofit/Repair - Up to 7 $65.54 $63.98 $129.51 67.24$ 65.64$ 132.88$ 2.60% Attachment 2: 7423 Aug 2017 Adopted Fee *Aug 2018 Proposed Fee * Fee Description Permit Plan Check Total Permit Plan Check Total Fee Change Notes City of La Quinta DRAFT - Working Version of the Master Fee Schedule Schedule of Building Fees - Miscellaneous Items 53 Retrofit/Repair - Each Additional 5 $10.92 $0.00 $10.92 11.21$ -$ 11.21$ 2.60% 54 New/Alteration - First $104.03 $118.59 $222.62 106.73$ 121.67$ 228.41$ 2.60% 55 New/Alteration - Each Additional $10.92 $12.48 $23.41 11.21$ 12.81$ 24.01$ 2.60% Administrative Plan Check Initial Deposit - For Various Non-OTC Items 56 a) Miscellaneous Items $0.00 $156.04 $156.04 -$ 160.10$ 160.10$ 2.60%[b] 57 b) New Construction varies varies varies [b] [c] 58 Plan Check / Permit Extension Processing $0.00 $104.55 $104.55 -$ 107.27$ 107.27$ 2.60% 59 Change of Contractor, Architect, Owner Processing $0.00 $104.55 $104.55 -$ 107.27$ 107.27$ 2.60% 60 Request/Research for Alternative Methods/Product Review bill hourly (1 hour min.)bill hourly (1 hour min.)2.60% 61 Temporary Certificate of Occupancy $143.56 $0.00 $143.56 147.29$ -$ 147.29$ 2.60% 62 Disabled Access Compliance Inspection $0.00 $156.04 $156.04 -$ 160.10$ 160.10$ 2.60% 63 Re-inspection Fee $78.02 $0.00 $78.02 80.05$ -$ 80.05$ 2.60% 64 Investigation Fee for Work Commenced Without a Permit equal to permit fee equal to permit fee 2.60% [c] Initial deposit varies depending on project details. * In addition to the fees identified in this schedule, the City will pass-through to the applicant any fees imposed by other agencies and any discrete costs incurred from the use of outside service providers required to process the specific application, including the cost of structural engineering review services. [b] Non-Refundable Initial Deposit. For projects that request permit issuance the intitial deposit amount will be credited against total fees. [a] Fee is intended to capture structural and non-structural reviews. Mechanical, Electrical, and Plumbing review and inspection fees are collected separately. Attachment 2: 8424 Fee Description Aug 2017 Adopted Fee - Permit * Aug 2018 Proposed Fee - Permit * Change (Project Valuation) 1 $1 - $500 27.33$ 28.04$ 2.60% 2 $501 - $2,000 54.66$ 56.08$ 2.60% 3 $2,001 - $10,000 110.79$ for the first $2,000, plus 28.09$ for each additional $1,000 or fraction thereof, to and including $10,000 113.67$ for the first $2,000, plus 28.82$ for each additional $1,000 or fraction thereof, to and including $10,000 2.60% 4 $10,001 - $25,000 335.49$ for the first $10,000, plus 9.05$ for each additional $1,000 or fraction thereof, to and including $25,000 344.21$ for the first $10,000, plus 9.29$ for each additional $1,000 or fraction thereof, to and including $25,000 2.60% 5 $25,001 - $200,000 471.24$ for the first $25,000, plus 0.88$ for each additional $1,000 or fraction thereof, to and including $200,000 483.50$ for the first $25,000, plus 0.91$ for each additional $1,000 or fraction thereof, to and including $200,000 2.60% 6 $200,000 - $1,000,000 625.72$ for the first $200,000, plus 0.61$ for each additional $1,000 or fraction thereof, to and including $1,000,000 641.99$ for the first $200,000, plus 0.62$ for each additional $1,000 or fraction thereof, to and including $1,000,000 2.60% 7 $1,000,000 and up 1,111.01$ for the first $1,000,000, plus 0.42$ for each additional $1,000 or fraction thereof 1,139.90$ for the first $1,000,000, plus 0.43$ for each additional $1,000 or fraction thereof 2.60% City of La Quinta DRAFT - Working Version of the Master Fee Schedule Schedule of Building Fees - New Construction Attachment 2: 9425 City of La Quinta DRAFT - Working Version of the Master Fee Schedule Schedule of Building Fees - New Construction Fee Description Aug 2017 Adopted Fee - Plan Check * Aug 2018 Proposed Fee - Plan Check * Change (Project Valuation) 8 $1 - $500 38.26$ 39.26$ 2.60% 9 $501 - $2,000 76.53$ 78.52$ 2.60% 10 $2,001 - $10,000 145.12$ for the first $2,000, plus 50.13$ for each additional $1,000 or fraction thereof, to and including $10,000 148.89$ for the first $2,000, plus 51.43$ for each additional $1,000 or fraction thereof, to and including $10,000 2.60% 11 $10,001 - $25,000 546.14$ for the first $10,000, plus 18.20$ for each additional $1,000 or fraction thereof, to and including $25,000 560.34$ for the first $10,000, plus 18.68$ for each additional $1,000 or fraction thereof, to and including $25,000 2.60% 12 $25,001 - $200,000 819.22$ for the first $25,000, plus 2.90$ for each additional $1,000 or fraction thereof, to and including $200,000 840.51$ for the first $25,000, plus 2.97$ for each additional $1,000 or fraction thereof, to and including $200,000 2.60% 13 $200,000 - $1,000,000 1,326.35$ for the first $200,000, plus 1.38$ for each additional $1,000 or fraction thereof, to and including $1,000,000 1,360.83$ for the first $200,000, plus 1.42$ for each additional $1,000 or fraction thereof, to and including $1,000,000 2.60% 14 $1,000,000 and up 2,431.12$ for the first $1,000,000, plus 0.66$ for each additional $1,000 or fraction thereof 2,494.33$ for the first $1,000,000, plus 0.68$ for each additional $1,000 or fraction thereof 2.60% Fee Description Aug 2017 Adopted Fee - Plan Check for Multiple Structures - Each Additional ** Aug 2018 Proposed Fee - Plan Check for Multiple Structures - Each Additional ** Change (Project Valuation) 15 All Valuations 52.01$ 53.37$ 2.60% Attachment 2: 10426 City of La Quinta DRAFT - Working Version of the Master Fee Schedule Schedule of Building Fees - New Construction Fee Description Aug 2017 Adopted Fee Aug 2018 Proposed Fee Change 16 Building Division Staff 156$ per hour 160$ per hour 2.60% 17 City Attorney/Other Legal Rvw 100%of actual costs 18 Outside Service Providers 100%of actual costs 100%of actual costs For service requests, which have no fees listed in this Master Fee Schedule, the City Manager or his/her designee shall determine the appropriate fee based on the following hourly rates for staff time involved in the service or activity. * The City will pass-through to the applicant any fees imposed by other agencies and any discrete costs incurred from the use of outside service providers required to process the specific application, including but not limited to legal review. The new construction fees identified in this fee schedule include the cost of structural engineering review services currently conducted by outside service providers. No additional fees will be collected for the provision of structural engineering review services. ** Fee applies when multiple identical units are submitted for review and permitted at the same time. Attachment 2: 11427 Fee Description Aug 2017 Adopted Fee Aug 2018 Proposed Fee Fee Change Notes Strong Motion Instrumentation (SMI) Fee Calculation [a] 1 Residential $0.50 or valuation x .00013 $0.50 or valuation x .00013 0.00% 2 Commercial $0.50 or valuation x .00028 $0.50 or valuation x .00028 0.00% Art In Public Places (AIPP) Fee Calculation [b] 3 Residential $20.00 or 1/4 of 1% of value exceeding $200,000 $20.00 or 1/4 of 1% of value exceeding $200,000 0.00% 4 Commercial $20.00 or 1/2 of 1% of value $20.00 or 1/2 of 1% of value 0.00% Building Standards Administration Special Revolving Fund (SB 1473) Fee Calculation [c] 5 Valuation: a) $1 - $25,000 $1 $1 0.00% b) $25,001 - $50,000 $2 $2 0.00% c) $50,001 - $75,000 $3 $3 0.00% d) $75,001 - $100,000 $4 $4 0.00% e) Every $25,000 or fraction thereof above $100,000 Add $1 Add $1 0.00% Technology Enhancement Fee 6 Technology Enhancement Fee (per permit)$5 $5 2.60% Digital Archiving and Records Management Fee 7 Digital Archiving and Records Management Fee a) OTC Permit/Application $10 $10 2.60% b) All Others $20 $21 2.60% [a] Source: California Public Resources Code Section 2705. [b] Source: La Quinta Municipal Code 2.65.060. [c] Source: California Health and Safety Code Section 18931.6 City of La Quinta DRAFT - Working Version of the Master Fee Schedule Schedule of Building Fees - Other Fees Attachment 2: 12428 Fee Description Aug 2017 Adopted Fee * Aug 2018 Proposed Fee * Fee Change Notes Temporary Use 1 Temporary Use Permit - Minor (Standard)257$ 263$ 2.60% 2 Temporary Use Permit - Minor (Requests Requiring Additional Effort) bill per hour, with 257$ base fee bill per hour, with 263$ base fee 2.60% 3 Temporary Use Permit - Major (Standard) (Events greater than 200 people) 2,029$ 2,081$ 2.60% 4 Temporary Use Permit - Major (Requests Requiring Additional Effort) bill per hour, with 2,029$ base fee bill per hour, with 2,081$ base fee 2.60% Minor Use 5 Minor Use Permit 257$ bill per hour, with 263$ base fee 2.60% 6 Minor Use Permit - Amendment 231$ bill per hour, with 237$ base fee 2.60% Conditional Use 7 Conditional Use Permit bill per hour, with 6,216$ base fee bill per hour, with 6,377$ base fee 2.60% 8 Conditional Use Permit - Planned Unit Dev.bill per hour, with 6,216$ base fee bill per hour, with 6,377$ base fee 2.60% 9 Conditional Use Permit - Amendment bill per hour, with 3,030$ base fee bill per hour, with 3,109$ base fee 2.60% 10 Conditional Use Permit - Time Extension 1,638$ 1,681$ 2.60% Site Development 11 Development Agreement bill per hour, with 3,225$ base fee bill per hour, with 3,309$ base fee 2.60%[a] 12 Site Development Permit - Planning Commission bill per hour, with 8,634$ base fee bill per hour, with 8,859$ base fee 2.60% 13 Site Development Permit - Administrative bill per hour, with 7,386$ base fee bill per hour, with 7,578$ base fee 2.60% 14 Site Development Permit - Amendment bill per hour, with 4,525$ base fee bill per hour, with 4,643$ base fee 2.60% 15 Site Development Permit - Time Extension 1,638$ 1,681$ 2.60% 16 Modification by Applicant bill per hour, with 312$ base fee bill per hour, with 320$ base fee 2.60% 17 Minor Adjustment bill per hour, with 312$ base fee bill per hour, with 320$ base fee 2.60% 18 Variance bill per hour, with 2,341$ base fee bill per hour, with 2,401$ base fee 2.60% Landscape Plan 19 Final Landscape Plan - Minor (Minor rehab not exceeding 8,000 SF) 780$ 800$ 2.60% 20 Final Landscape Plan - Major 1,716$ 1,761$ 2.60% Signs 21 A-Frame Sign Permit -$ -$ n/a 22 Sign Permit 257$ 263$ 2.60% 23 Sign Program bill per hour, with 2,757$ base fee bill per hour, with 2,828$ base fee 2.60% 24 Sign Program Amendment 936$ 961$ 2.60% City of La Quinta DRAFT - Working Version of the Master Fee Schedule Schedule of Planning Fees Attachment 2: 13429 Fee Description Aug 2017 Adopted Fee * Aug 2018 Proposed Fee * Fee Change Notes City of La Quinta DRAFT - Working Version of the Master Fee Schedule Schedule of Planning Fees Zoning 25 Zone Change bill per hour, with 9,102$ base fee bill per hour, with 9,339$ base fee 2.60% 26 Director's Determination 257$ 263$ 2.60% 27 Certificate of Compliance 257$ 263$ 2.60% 28 Zoning Letter - Basic Property Information 257$ 263$ 2.60% 29 Zoning Letter - Basic Property Information with Additional Research Required 1,326$ 1,361$ 2.60% 30 Zoning Text Amendment bill per hour, with 9,154$ base fee bill per hour, with 9,392$ base fee 2.60% Street Name Change 31 Street Name Change 1,794$ 1,841$ 2.60% Historical Structures 32 Landmark Designation/Cert of Appropriateness 1,283$ 1,317$ 2.60% Environmental Review 33 Environmental Assessment 468$ 480$ 2.60% 34 Recordation of Exemption 156$ 160$ 2.60% 35 Initial Study (ND/MND)bill per hour, with 3,121$ base fee bill per hour, with 3,202$ base fee 2.60% 36 Environmental Impact Report bill per hour, with 8,582$ base fee bill per hour, with 8,805$ base fee 2.60% General/Specific Plan 37 Specific Plan bill per hour, with 10,351$ base fee bill per hour, with 10,620$ base fee 2.60% 38 Specific Plan - Amendment bill per hour, with 4,629$ base fee bill per hour, with 4,750$ base fee 2.60% 39 General Plan Amendment bill per hour, with 10,143$ base fee bill per hour, with 10,406$ base fee 2.60% Map 40 Tentative Parcel Map bill per hour, with 4,889$ base fee bill per hour, with 5,016$ base fee 2.60% 41 Tentative Parcel Map - Waiver 1,326$ 1,361$ 2.60% 42 Tentative Parcel Map - Amendment bill per hour, with 2,913$ base fee bill per hour, with 2,988$ base fee 2.60% 43 Tentative Parcel Map - Revision bill per hour, with 2,913$ base fee bill per hour, with 2,988$ base fee 2.60% 44 Tentative Parcel Map - Time Extension 936$ 961$ 2.60% 45 Tentative Tract Map bill per hour, with 8,114$ base fee bill per hour, with 8,325$ base fee 2.60% 46 Tentative Tract Map - Amendment bill per hour, with 3,849$ base fee bill per hour, with 3,949$ base fee 2.60% 47 Tentative Tract Map - Revision bill per hour, with 3,849$ base fee bill per hour, with 3,949$ base fee 2.60% 48 Tentative Tract Map - Time Extension (CC or PC)1,794$ 1,841$ 2.60% 49 Tentative Tract Map - Time Extension (Admin)1,014$ 1,041$ 2.60% 50 Tentative Condominium Map bill per hour, with 8,114$ base fee bill per hour, with 8,325$ base fee 2.60% 51 Amended Final Parcel Map (Entitlement Support)bill per hour, with 3,901$ base fee bill per hour, with 4,002$ base fee 2.60% Attachment 2: 14430 Fee Description Aug 2017 Adopted Fee * Aug 2018 Proposed Fee * Fee Change Notes City of La Quinta DRAFT - Working Version of the Master Fee Schedule Schedule of Planning Fees 52 Amended Final Tract Map (Entitlement Support)bill per hour, with 6,242$ base fee bill per hour, with 6,404$ base fee 2.60% Scanning 53 Scanning Fee 156$ 160$ 2.60% Technology Enhancement Fee 54 Technology Enhancement Fee 5$ per permit 5$ per permit 2.60% Digital Archiving and Records Management Fee 55 Digital Archiving and Records Management Fee a) OTC Permit/Application 10$ 10$ 2.60% b) All Others 20$ 21$ 2.60% Appeal 56 Appeal 1,500$ 1,500$ 0.00% Fee Description Aug 2017 Adopted Fee * Aug 2018 Proposed Fee * Change Notes 57 Planning Department Staff 156$ per hour 160$ per hour 2.60% 58 City Attorney or other legal review pass-through of 100%of actual costs pass-through of 100%of actual costs 59 Outside Service Providers pass-through of 100%of actual costs pass-through of 100%of actual costs [a] In addition to the fee shown for Development Agreement, the City shall collect a $2,000 initial deposit to offset City Attorney costs. * In addition to the fees identified in this schedule, the City will pass-through to the applicant any fees imposed by other agencies and any discrete costs incurred from the use of outside service providers required to process the specific application, including but not limited to legal review. For service requests, which have no fees listed in this Master Fee Schedule, the City Manager or his/her designee shall determine the appropriate fee based on the following hourly rates for staff time involved in the service or activity. Attachment 2: 15431 Fee Description Aug 2017 Adopted Fee *Aug 2018 Proposed Fee *Change Notes Land Subdivision 1 Parcel Map: a) Final Parcel Map i) Initial Sheet 1,951$ per sheet 2,480$ per sheet 27.15% ii) Each Additional Sheet 546$ per sheet 720$ per sheet 31.83% b) Final Parcel Map - Amendment i) Initial Sheet 1,951$ per sheet 2,480$ per sheet 27.15% ii) Each Additional Sheet 546$ per sheet 720$ per sheet 31.83% c) Substantial Conformance Review i) Initial Sheet 2,848$ per sheet 2,922$ per sheet 2.60% ii) Each Additional Sheet 1,248$ per sheet 1,281$ per sheet 2.60% 2 Tract Map: a) Final Tract Map i) Initial Sheet 2,107$ per sheet 2,640$ per sheet 25.32% ii) Each Additional Sheet 624$ per sheet 800$ per sheet 28.17% b) Final Tract Map - Amendment i) Initial Sheet 2,107$ per sheet 2,640$ per sheet 25.32% ii) Each Additional Sheet 624$ per sheet 800$ per sheet 28.17% c) Substantial Conformance Review i) Initial Sheet 2,848$ per sheet 2,922$ per sheet 2.60% ii) Each Additional Sheet 1,248$ per sheet 1,281$ per sheet 2.60% 3 Reversion to Acreage: a) Initial Sheet 2,263$ per sheet 2,720$ per sheet 20.22% b) Each Additional Sheet 468$ per sheet 720$ per sheet 53.81% 4 Lot Line Adjustment/Parcel Merger a) Lot Line Adjustment 1,716$ per request 1,920$ per request 11.86% b) Parcel Merger 1,716$ per request 1,920$ per request 11.86% 5 Street Dedication/Vacation a) Land Action Documents (ROW/Easements/Grant Deeds) 1,755$ per request 1,960$ per request 11.65% b) Vacation of Street/Public ROW 2,185$ per request 2,400$ per request 9.86% City of La Quinta DRAFT - Working Version of the Master Fee Schedule Schedule of Public Works Fees Attachment 2: 16432 Fee Description Aug 2017 Adopted Fee *Aug 2018 Proposed Fee *Change Notes City of La Quinta DRAFT - Working Version of the Master Fee Schedule Schedule of Public Works Fees 6 Land Survey a) Record of Survey 507$ per request 520$ per request 2.60% b) Certificate of Correction 663$ per request 680$ per request 2.60% Grading / Project Improvements 7 Plan Review (First 3 Reviews): a) Rough Grading i) Initial Sheet 1,443$ per sheet 1,481$ per sheet 2.60% ii) Each Additional Sheet 780$ per sheet 800$ per sheet 2.60% iii) Revisions - Initial Sheet 1,113$ per sheet 1,141$ per sheet 2.60% iv) Revisions - Each Additional Sheet 780$ per sheet 800$ per sheet 2.60% b) Precise Grading - Commercial i) Initial Sheet 1,755$ per sheet 1,801$ per sheet 2.60% ii) Each Additional Sheet 1,092$ per sheet 1,121$ per sheet 2.60% iii) Revisions - Initial Sheet 1,425$ per sheet 1,462$ per sheet 2.60% iv) Revisions - Each Additional Sheet 1,092$ per sheet 1,121$ per sheet 2.60% c) Precise Grading - Tract Homes i) Initial Sheet 1,014$ per sheet 1,041$ per sheet 2.60% ii) Each Additional Sheet 195$ per sheet 200$ per sheet 2.60% iii) Revisions - Initial Sheet 605$ per sheet 621$ per sheet 2.60% iv) Revisions - Each Additional Sheet 195$ per sheet 200$ per sheet 2.60% d) Precise Grading - Custom Home [a][a][a] e) PM10 i) Initial Sheet 565$ per sheet 579$ per sheet 2.60% ii) Each Additional Sheet -$ per sheet -$ per sheet n/a iii) Revisions - Initial Sheet 436$ per sheet 448$ per sheet 2.60% iv) Revisions - Each Additional Sheet -$ per sheet -$ per sheet n/a f) Street Improvements i) Initial Sheet 1,599$ per sheet 1,641$ per sheet 2.60% ii) Each Additional Sheet 936$ per sheet 961$ per sheet 2.60% iii) Revisions - Initial Sheet 1,269$ per sheet 1,302$ per sheet 2.60% iv) Revisions - Each Additional Sheet 936$ per sheet 961$ per sheet 2.60% Attachment 2: 17433 Fee Description Aug 2017 Adopted Fee *Aug 2018 Proposed Fee *Change Notes City of La Quinta DRAFT - Working Version of the Master Fee Schedule Schedule of Public Works Fees g) Storm Drain i) Initial Sheet 1,599$ per sheet 1,641$ per sheet 2.60% ii) Each Additional Sheet 936$ per sheet 961$ per sheet 2.60% iii) Revisions - Initial Sheet 1,269$ per sheet 1,302$ per sheet 2.60% iv) Revisions - Each Additional Sheet 936$ per sheet 961$ per sheet 2.60% h) Signing and Striping i) Initial Sheet 1,443$ per sheet 1,481$ per sheet 2.60% ii) Each Additional Sheet 780$ per sheet 800$ per sheet 2.60% iii) Revisions - Initial Sheet 1,113$ per sheet 1,141$ per sheet 2.60% iv) Revisions - Each Additional Sheet 780$ per sheet 800$ per sheet 2.60% i) Traffic Signal i) Initial Sheet 1,287$ per sheet 1,321$ per sheet 2.60% ii) Each Additional Sheet 624$ per sheet 640$ per sheet 2.60% iii) Revisions - Initial Sheet 957$ per sheet 981$ per sheet 2.60% iv) Revisions - Each Additional Sheet 624$ per sheet 640$ per sheet 2.60% j) Sidewalk i) Initial Sheet 1,131$ per sheet 1,161$ per sheet 2.60% ii) Each Additional Sheet 468$ per sheet 480$ per sheet 2.60% iii) Revisions - Initial Sheet 800$ per sheet 821$ per sheet 2.60% iv) Revisions - Each Additional Sheet 468$ per sheet 480$ per sheet 2.60% k) Traffic Control Plan 78$ per sheet 80$ per sheet 2.60% l) Record Drawings Review i) Initial Sheet 819$ per sheet 841$ per sheet 2.60% ii) Each Additional Sheet 156$ per sheet 160$ per sheet 2.60% m) Hydrology Report 1,677$ per report 1,721$ per report 2.60% i) Revisions 780$ per report 800$ per report varies n) Traffic Study 1,287$ per study 1,321$ per study 2.60% o) WQMP Report i) With Prior Entitlement 1,521$ per report 1,561$ per report 2.60% ii) Without Prior Entitlement 1,833$ per report 1,881$ per report 2.60% Attachment 2: 18434 Fee Description Aug 2017 Adopted Fee *Aug 2018 Proposed Fee *Change Notes City of La Quinta DRAFT - Working Version of the Master Fee Schedule Schedule of Public Works Fees iii) Revisions 780$ per report 800$ per report 2.60% p) SWPPP 1,755$ per plan 1,801$ per plan 2.60% i) Revisions 624$ per plan 640$ per plan 2.60% q) Sewer and Water i) Initial Sheet 1,092$ per sheet 1,121$ per sheet 2.60% ii) Each Additional Sheet 468$ per sheet 480$ per sheet 2.60% iii) Revisions - Initial Sheet 780$ per sheet 800$ per sheet 2.60% iv) Revisions - Each Additional Sheet 468$ per sheet 480$ per sheet 2.60% 8 Plan Review (>3 Reviews)156$ per hour 160$ per hour 2.60% 9 Expedited Plan Review Fee 1.5x standard fee 1.5x standard fee [b] 10 Permit Inspection a) Rough Grading i) First 3 Acres 3,121$ 3,202$ 2.60% ii) Each Additional Acre 390$ 400$ 2.60% b) Precise Grading i) First 3 Acres 3,121$ 3,202$ 2.60% ii) Each Additional Acre 390$ 400$ 2.60% c) Precise Grading - Tract Homes [c][c][c] d) Precise Grading - Custom Homes [c][c][c] e) PM10 i) < 10 Acres $ 3,745 3,842$ 2.60%[d] ii) 10 - 50 Acres $ 5,617 5,764$ 2.60%[d] iii) 51 - 200 Acres $ 7,490 7,685$ 2.60%[d] iv) > 200 Acres $ 11,235 11,527$ 2.60%[d] f) Street Improvements - Off-Site i) First 1,000 LF 4,993$ 5,123$ 2.60% ii) Each Additional 1,000 LF 2,809$ 2,882$ 2.60% g) Street Improvements - On-Site i) First 1,000 LF 3,433$ 3,522$ 2.60% ii) Each Additional 1,000 LF 1,872$ 1,921$ 2.60% Attachment 2: 19435 Fee Description Aug 2017 Adopted Fee *Aug 2018 Proposed Fee *Change Notes City of La Quinta DRAFT - Working Version of the Master Fee Schedule Schedule of Public Works Fees h) Storm Drain i) First 1,000 LF 1,872$ 1,921$ 2.60% ii) Each Additional 1,000 LF 936$ 961$ 2.60% i) Signing and Striping i) First 1,000 LF 1,560$ 1,601$ 2.60% ii) Each Additional 1,000 LF 468$ 480$ 2.60% j) Traffic Signal 3,433$ 3,522$ 2.60% k) NPDES 1,872$ 1,921$ 2.60% l) Bond Reduction Request 2,107$ 2,161$ 2.60% m) Final Inspection/Acceptance 2,809$ 2,882$ 2.60% n) Traffic Control Only i) One Day 312$ 320$ 2.60% ii) Two - Five Days 624$ 640$ 2.60% iii) Each Additional Day (Up to 10 Days)312$ 320$ 2.60% iv) 11+ Days 2,887$ 2,962$ 2.60% o) Cut/Bore 702$ 720$ 2.60% p) Driveway i) Residential 156$ 160$ 2.60% ii) Commercial 1,014$ 1,041$ 2.60% q) Excavation i) First 100 Lineal Feet 702$ 720$ 2.60% ii) Each Additional 100 Lineal Feet 156$ 160$ 2.60% r) Sidewalk i) First 100 Lineal Feet 1,014$ 1,041$ 2.60% ii) Each Additional 100 Lineal Feet 312$ 320$ 2.60% s) Sewer and Water 1,248$ 1,281$ 2.60% t) Night Work 390$ 400$ 2.60% 11 Research/Administrative a) Subdiv'n Improvement Agreem't (SIA)1,872$ per request 1,921$ per request 2.60% b) SIA - Time Extension 1,092$ per request 1,121$ per request 2.60% Attachment 2: 20436 Fee Description Aug 2017 Adopted Fee *Aug 2018 Proposed Fee *Change Notes City of La Quinta DRAFT - Working Version of the Master Fee Schedule Schedule of Public Works Fees c) Assignment & Assumptions Agreem't 2,029$ per request 2,081$ per request 2.60% d) Flood Plain Research/FEMA App 936$ per request 961$ per request 2.60% e) Bid Protest Review 703$ per request 721$ per request 2.60% 12 Reactivation of Permit a) Reactivation of an Expired Permit 468$ each 480$ per year 2.60% 13 Technology Enhancement Fee Technology Enhancement Fee $ 5 each 5$ per permit 2.60% Digital Archiving and Records Management Fee 14 Digital Archiving and Records Management Fee a) OTC Permit/Application $ 10 10$ 2.60% b) All Others $ 20 21$ 2.60% 15 Transportation Permits a) Annual 90$ each 90$ each 0.00% b) Single Event 16$ each 16$ each 0.00% Fee Description Aug 2017 Adopted Fee *Aug 2018 Proposed Fee *Change Notes 16 Public Works Personnel 156$ per hour 160$ per hour 2.60% 17 City Attorney or other legal review 100%of actual cost 100%of actual cost 18 Outside Service Providers 100%of actual cost 100%of actual cost [a] Plan review fees for Precise Grading - Custom Home are identified as part of the Building fee schedule and are based on the lot size of the custom home. See Building fee schedule, Grading section. [c] Inspection fees for Precise Grading - Custom Homes and Tract Homes are identified as part of the Building fee schedule. See Building fee schedule, Grading section. [d] For PM10 annual permit. For permits required for less than one year, or portion of year, fees will be pro-rated based on the number of months permitted. * In addition to the fees identified in this schedule, the City will pass-through to the applicant any discrete costs incurred from the use of outside service providers required to process the specific application, including but not limited to legal review. Exception for contract traffic engineering and plan review consulting costs, which are included in the fees listed above. For service requests, which have no fees listed in this Master Fee Schedule, the City Manager or his/her designee shall determine the appropriate fee based on the following hourly rates for staff time involved in the service or activity. [b] Expedited Plan Review request is subject to City Engineer approval. It is dependent on staff availability and workload. Attachment 2: 21437 Aug 2017 Adopted Fee *Aug 2018 Proposed Fee * Fee Description Plan Check Permit Total Plan Check Permit Total Change Notes Construction-Related Fire Review and Inspection Fees 1 New Single Family Dwelling 234$ 156$ 390$ 240$ 160$ 400$ 2.60%[a] 2 New Multi-Residential (Hotel, Motel, Apartments, Condominiums)468$ 312$ 780$ 480$ 320$ 801$ 2.60% 3 New Commercial / Industrial 468$ 390$ 858$ 480$ 400$ 881$ 2.60% 4 Residential Addition / Remodel 156$ 156$ 312$ 160$ 160$ 320$ 2.60%[a] 5 Commercial Tenant Improvement 234$ 156$ 390$ 240$ 160$ 400$ 2.60% 6 Commercial / Industrial Addition or Remodel 234$ 234$ 468$ 240$ 240$ 480$ 2.60% 7 Commercial Cooking Hood and Duct Systems 234$ 156$ 390$ 240$ 160$ 400$ 2.60% 8 Water Systems (Fire Hydrants, Water Mains, Sprinkler Risers)390$ 468$ 858$ 400$ 480$ 881$ 2.60% 9 Pre-Engineered Fire Suppression Systems (Halon, Dry-Chemical, etc.)468$ 312$ 780$ 480$ 320$ 801$ 2.60% 10 Fire Alarm Systems 546$ 468$ 1,014$ 560$ 480$ 1,041$ 2.60% 11 Fire Sprinkler Systems - Single Family Detached 234$ 156$ 390$ 240$ 160$ 400$ 2.60% 12 Fire Sprinkler Systems - Multi-Family 3 or more units 312$ 234$ 546$ 320$ 240$ 560$ 2.60% 13 Fire Sprinkler Systems - Commercial / Industrial 0 - 35,000 SF 390$ 234$ 624$ 400$ 240$ 640$ 2.60% 14 Fire Sprinkler Systems - Commercial / Industrial 35,001 - 75,000 SF 468$ 273$ 741$ 480$ 280$ 760$ 2.60% 15 Fire Sprinkler Systems - Commercial / Industrial 75,001 - 120,000 SF 546$ 390$ 936$ 560$ 400$ 961$ 2.60% 16 Fire Sprinkler Systems - Commercial / Industrial > 120,000 SF 624$ 546$ 1,170$ 640$ 560$ 1,201$ 2.60% 17 Fire Sprinkler Systems - Tenant Improvement > 10 Heads 234$ 156$ 390$ 240$ 160$ 400$ 2.60% 18 Fire Pumps 312$ 312$ 624$ 320$ 320$ 640$ 2.60% 19 Fire Standpipe Systems 234$ 312$ 546$ 240$ 320$ 560$ 2.60% 20 Fire Sprinkler Systems Supervision & Alarms 234$ 156$ 390$ 240$ 160$ 400$ 2.60% 21 Smoke Controls (Smoke & Heat Vents, Barriers, Enclosures, etc.)546$ 468$ 1,014$ 560$ 480$ 1,041$ 2.60% 22 Fire Water Tanks 234$ 156$ 390$ 240$ 160$ 400$ 2.60% 23 Underground Water Supply to Sprinkler Riser (per riser)312$ 312$ 624$ 320$ 320$ 640$ 2.60% 24 Egress Analysis 156$ 156$ 312$ 160$ 160$ 320$ 2.60% 25 Occupancy Load / Seating Capacity Determinations -$ 156$ 156$ -$ 160$ 160$ 2.60% 26 Fire Compliance Release/Final -$ 156$ 156$ -$ 160$ 160$ 2.60% 27 Plan Revision Submittals - each 156$ -$ 156$ 160$ -$ 160$ 2.60% 28 Plan Resubmittals (in Excess of 3 Reviews) - each 156$ -$ 156$ 160$ -$ 160$ 2.60% 29 Failed or Additional Field Inspections -$ 156$ 156$ -$ 160$ 160$ 2.60% City of La Quinta DRAFT - Working Version of the Master Fee Schedule Schedule of Fire Fees Attachment 2: 22438 Aug 2017 Adopted Fee *Aug 2018 Proposed Fee * Fee Description Plan Check Permit Total Plan Check Permit Total Change Notes City of La Quinta DRAFT - Working Version of the Master Fee Schedule Schedule of Fire Fees Other 30 Special Event Permit 156$ 234$ 390$ 160$ 240$ 400$ 2.60% 31 Pyrotechnic Permit 390$ 312$ 702$ 400$ 320$ 720$ 2.60% 32 Pyrotechnic Event Standby (per hour)bill hourly bill hourly 33 Fire Miscellaneous (per hour)bill hourly bill hourly Technology Enhancement Fee 34 Technology Enhancement Fee n/a n/a 5$ n/a n/a 5$ 2.60% Digital Archiving and Records Management Fee 35 Digital Archiving and Records Management Fee a) OTC Permit/Application n/a n/a 10$ n/a n/a 10$ 2.60% b) All Others n/a n/a 20$ n/a n/a 21$ 2.60% Fee Description Aug 2017 Adopted Fee *Aug 2018 Proposed Fee * Change Notes 36 City Assigned Fire Safety Specialist $156 per hour $160 per hour 2.60% 37 Other County Fire Services 38 City Attorney or other legal review 100%of actual costs 100%of actual costs 39 Outside Service Providers 100%of actual costs 100%of actual costs [a] Fee will not apply for all submittals. Before applying fees, Fire Department will review project submittal to determine if review is necessary or if review fees have been collected as part of the development planning process. See County Fees See County Fees * In addition to the fees identified in this schedule, the City will pass-through to the applicant any fees imposed by other agencies and any discrete costs incurred from the use of outside service providers required to process the specific application, including but not limited to legal review. For service requests, which have no fees listed in this Master Fee Schedule, the City Manager or his/her designee shall determine the appropriate fee based on the following hourly rates for staff time involved in the service or activity. Attachment 2: 23439 Fee Description Aug 2017 Adopted Fee Aug 2018 Proposed Fee Change Unit Notes NPDES Ongoing Inspection Fee 1 Food Establishment Facilities $45 $46 2.60%per year 2 Hazardous Waste/Materials Facilities - 3Yr $95 $98 2.60%per year 3 Hazardous Waste/Materials Facilities - 1Yr $252 $259 2.60%per year Code Compliance 4 Code Compliance Follow-Up, If Required $106 $109 2.60%per hour City of La Quinta DRAFT - Working Version of the Master Fee Schedule Schedule of NPDES Ongoing Inspection Fees Attachment 2: 24440 Fee Description Aug 2017 Adopted Fee Aug 2018 Proposed Fee Change Unit Notes Short-Term Vacation Rental Permit Fee 1 Annual Permit Fee $103 $105 2.60%per year 2 Code Compliance Inspection Fee (if applicable)n/a $325 n/a per unit 3 Technology Enhancement Fee $5 $5 2.60%per year City of La Quinta DRAFT - Working Version of the Master Fee Schedule Schedule of Short-Term Vacation Rental Permit Fees Attachment 2: 25441 Fee Description Apr 2017 Adopted Fee Aug 2018 Proposed Fee Change Unit Notes Medical Cannabis Delivery Services Application 1 Medical Cannabis Delivery Service Application a) Delivery Service Application - New $456 $468 2.60%per year b) Delivery Service Application - Renewal $456 $468 2.60%per year 2 Technology Enhancement Fee $5 $5 2.60%per year City of La Quinta DRAFT - Working Version of the Master Fee Schedule Schedule of Medical Cannabis Delivery Application Fees Attachment 2: 26442 Fee Description Aug 2017 Adopted Fee Aug 2018 Proposed Fee Change Unit Notes False Alarm Response 1 Police False Alarm Response [a] a) 1st False Alarm Response No Charge No Charge n/a each b) 2nd False Alarm Response No Charge No Charge n/a each c) 3rd False Alarm Response $50 $51 2.60%each d) 4th False Alarm Response $100 $103 2.60%each e) 5th and Each Additional False Alarm Response $106 $109 2.60%each 2 Fire False Alarm Response [a] a) 1st False Alarm Response No Charge No Charge n/a each b) 2nd False Alarm Response No Charge No Charge n/a each c) 3rd False Alarm Response $50 $51 2.60%each d) 4th False Alarm Response $250 $257 2.60%each e) 5th and Each Additional False Alarm Response $585 $600 2.60%each [a] Based on number of false alarms in a 365 day period. City of La Quinta DRAFT - Working Version of the Master Fee Schedule Schedule of False Alarm Response Fees Attachment 2: 27443 Fee Description Aug 2017 Adopted Fee Aug 2018 Proposed Fee Change Unit Notes 1 Vehicle Impound Cost Recovery Fee $214 $219 2.60%each City of La Quinta DRAFT - Working Version of the Master Fee Schedule Schedule of Vehicle Impound Cost Recovery Fees Attachment 2: 28444 Fee Description Aug 2017 Adopted Fee Aug 2018 Proposed Fee Change Unit Notes Code Enforcement Hourly Rate 1 Code Enforcement Hourly Rate $106 $109 n/a per hour [a] [a] Hourly rate for Code Compliance inspections required or requested for which no other fees are listed, requests for special event support, etc. City of La Quinta DRAFT - Working Version of the Master Fee Schedule Schedule of Code Enforcement Hourly Rate for Services Attachment 2: 29445 Fee Description Aug 2017 Adopted Fee Aug 2018 Proposed Fee Change Unit Notes 1 Home Occupation Permit $70 $100 $30 per permit 2 Home Occupation Permit - Address Change $35 $50 $15 per permit City of La Quinta DRAFT - Working Version of the Master Fee Schedule Schedule of Home Occupation Permit Fees Attachment 2: 30446 Fee Description Aug 2017 Adopted Fee Aug 2018 Proposed Fee Change Unit Notes 1 Pool Drain Permit $10 $25 $15 per permit 2 Golf Cart Permit a) New $10 $50 $40 per permit b) Renewal $10 $25 $15 per permit City of La Quinta DRAFT - Working Version of the Master Fee Schedule Schedule of Pool Drain and Golf Cart Permit Fees Attachment 2: 31447 Fee Description Aug 2017 Adopted Fee Aug 2018 Proposed Fee Change Unit Notes 1 Film/Photography Permit Application Review Fee a) Cast and Crew of One to Three Persons varies $100 n/a per permit [a] b) Cast and Crew of Four or More Persons varies $400 n/a per permit [a] [a] Additional fees may apply for business license, other agency review fees, security, sanitation/health, fire, building and safety, on-site support, etc. City of La Quinta DRAFT - Working Version of the Master Fee Schedule Schedule of Film/Photography Permit Fees Attachment 2: 32448 Fee Description Aug 2017 Adopted Fee Aug 2018 Proposed Fee Change Unit Notes 1 Bingo Permit a) Initial n/a $50 n/a per permit b) Renewal n/a $50 n/a per permit City of La Quinta DRAFT - Working Version of the Master Fee Schedule Schedule of Bingo Permit Fees Attachment 2: 33449 Fee Description Aug 2017 Adopted Fee *Aug 2018 Proposed Fee *Change Notes 1 Black and White Copy - up to 8.5 x 14 0.15$ per single-sided page 0.15$ per single-sided page 0.00% 2 Black and White Copy - 11 x 17 0.20$ per single-sided page 0.20$ per single-sided page 0.00% 3 Color Copy - up to 8.5 x 14 0.25$ per single-sided page 0.25$ per single-sided page 0.00% 4 Color Copy - 11 x 17 0.50$ per single-sided page 0.50$ per single-sided page 0.00% 5 Oversized Sheets (Plans/Maps)3.00$ per sheet 3.00$ per sheet 0.00%[a] 6 CD or DVD 5.00$ per CD or DVD 5.00$ per CD or DVD 0.00% 7 Certified Document 2.00$ per document 2.00$ per document 0.00% 8 Agency Credit Card Service Fee 1.8%% of fees paid 1.8%% of fees paid 0.00%[b] 9 Processing Fee for Receipt of Non-Sufficient Funds a) First from Payee 25.00$ per occurence 25.00$ per occurence 0.00%[c] b) Each Subsequent from Payee 35.00$ per occurence 35.00$ per occurence 0.00%[c] [a] If more than two sheets are requested, the City will typically process the request using an outside vendor service. [b] Fee is intended to function as a pass-through of credit card transaction vendor charge. Annual updates should be based on vendor charge. [c] Set by State (Civil Code Section 1719). ** Periodically, the City completes a cost of service analysis for the administrative fees included in this schedule. The findings of the analysis will be used to influence recommended administrative fees. In between cost of service studies, the City will annually identify the yearly change in the consumer price index, and identify the fee eligible for recovery based on the change in the index. However, for the sake of administrative efficiency the City will adjust fees in $0.05 increments (for example, when the inflation adjusted black and white copy fee is between $0.15 and $0.19 the City will charge $0.15 per copy). City of La Quinta DRAFT - Working Version of the Master Fee Schedule Schedule of Administrative Fees * In addition to the fees identified in this schedule, the City will pass-through to the applicant any fees imposed by other agencies and any discrete costs incurred from the use of outside service providers required to process the specific request for information/service. * In addition to the fees identified in this schedule, if a request for electronic records either (1) is for a record normally issued only periodically, or (2) requires data compilation, extraction, or programming, costs will include the cost of producing the copy, including construction, programming and computer services. Attachment 2: 34450 Fee Description Dec 2017 Adopted Fee Aug 2018 Proposed Fee Change Unit Notes 1 Appeal to Hearing Officer of Administrative Citation $25 $25 0.00%per appeal [a] 2 Appeal of an Administrative Decision to City Manager $250 $250 0.00%per appeal [a] 3 Appeal to Construction Board of Appeals $1,500 $1,500 0.00%per appeal [a] 4 Appeal to Planning Commission $1,500 $1,500 0.00%per appeal [a] 5 Appeal to City Council $1,500 $1,500 0.00%per appeal [a] City of La Quinta DRAFT - Working Version of the Master Fee Schedule Schedule of Appeal Fees [a] Depending on the subject of the appeal, specialized expertise may be solicited, at the expense of the applicant, for the purpose of providing input to the City Manager, Construction Board of Appeals, Planning Commission or City Council. Attachment 2: 35451 452 "Attachment 3" Cost of Service Analysis For Fees Proposed to Be Added to Fee Schedule or Fees Modified by an Amount Other than the 2.6% CPI Adjustment 453 454 Table of Contents Contents Page 1 Public Works Fees 1 2 Short-Term Vacation Rental Permit Fees 2 3 Pool Drain and Golf Cart Permit Fees 4 4 Home Occupation Permit Fees 5 5 Film/Photography Permit Fees 6 6 Bingo Permit Fees 7 455 456 City of La Quinta Input cells shaded in gray Public Works Fees Cost of Service Calculation Labor Time Hourly Rates Cost of Service Current Cost Recov.Proposed Recovery Volume and Revenue Statistics Fee Description Estimated Labor Time (Hours) Fully- Burd'nd Hrly Rate Targ'td Hrly Rate At Fully- Burd'nd Rate At Targ'td Hourly Rate Current Fee Current Cost Recovery Proposed Fee Proposed Cost Recovery Annual Volume Estimate Revenue at Current Fee Revenue at 100% Recovery Revenue at Proposed Fee Fee Increase or Decrease Percent Increase or Decrease Notes Land Subdivision 1 Parcel Map: a) Final Parcel Map i) Initial Sheet 15.50 178$ 160$ 2,763$ 2,480$ 1,951$ 71%2,480$ 90%10 19,505$ 27,627$ 24,800$ 529$ 27% ii) Each Additional Sheet 4.50 178$ 160$ 802$ 720$ 546$ 68%720$ 90%15 8,192$ 12,031$ 10,800$ 174$ 32% b) Final Parcel Map - Amendment i) Initial Sheet 15.50 178$ 160$ 2,763$ 2,480$ 1,951$ 71%2,480$ 90%1 1,951$ 2,763$ 2,480$ 529$ 27% ii) Each Additional Sheet 4.50 178$ 160$ 802$ 720$ 546$ 68%720$ 90%1 546$ 802$ 720$ 174$ 32% 2 Tract Map: a) Final Tract Map i) Initial Sheet 16.50 178$ 160$ 2,941$ 2,640$ 2,107$ 72%2,640$ 90%2 4,213$ 5,882$ 5,280$ 533$ 25% ii) Each Additional Sheet 5.00 178$ 160$ 891$ 800$ 624$ 70%800$ 90%6 3,745$ 5,347$ 4,800$ 176$ 28% b) Final Tract Map - Amendment i) Initial Sheet 16.50 178$ 160$ 2,941$ 2,640$ 2,107$ 72%2,640$ 90%1 2,107$ 2,941$ 2,640$ 533$ 25% ii) Each Additional Sheet 5.00 178$ 160$ 891$ 800$ 624$ 70%800$ 90%1 624$ 891$ 800$ 176$ 28% 3 Reversion to Acreage: a) Initial Sheet 17.00 178$ 160$ 3,030$ 2,720$ 2,263$ 75%2,720$ 90%- 457$ 20% b) Each Additional Sheet 4.50 178$ 160$ 802$ 720$ 468$ 58%720$ 90%- 252$ 54% 4 Lot Line Adjustment/Parcel Merger a) Lot Line Adjustment 12.00 178$ 160$ 2,139$ 1,920$ 1,716$ 80%1,920$ 90%12 20,597$ 25,666$ 23,040$ 204$ 12% b) Parcel Merger 12.00 178$ 160$ 2,139$ 1,920$ 1,716$ 80%1,920$ 90%23 39,478$ 49,193$ 44,160$ 204$ 12% 5 Street Dedication/Vacation a) Land Action Documents (ROW/Easements/Grant Deeds) 12.25 178$ 160$ 2,183$ 1,960$ 1,755$ 80%1,960$ 90%3 5,266$ 6,550$ 5,880$ 205$ 12% b) Vacation of Street/Public ROW 15.00 178$ 160$ 2,674$ 2,400$ 2,185$ 82%2,400$ 90%3 6,554$ 8,021$ 7,200$ 215$ 10% Attachment 3: 1457 City of La Quinta Short-Term Vacation Rental Program Cost of Service Calculation Annual Permit Fee Estimated Labor Costs Description Total Est Salary and Benefits Est. Annual Effort for Administration of STVR Labor Costs Allocated to Administration of STVR Notes Admin Assistant $62,143 50%$31,072 Mgmt Specialist $97,344 90%$87,610 Code Enforcement (Entire Unit)$483,817 10%$48,382 [a] Total $643,304 $167,063 Estimated Direct Non-Labor Costs Associated with Regulation of the STVR Program Description Est. Annual Cost STVR Consultant $68,075 Total $68,075 Estimated Departmental and Citywide Overhead Description Est. Direct Costs Est. Overhead Rate Est. Overhead Costs Estimated Overhead $235,138 35%$82,298 Total Estimated Annual Regulatory Costs Description Est. Annual Cost Labor $167,063 Non-Labor Svcs & Supplies $68,075 Departmental and Citywide Overhead $82,298 Total $317,436 Total Estimated Cost of Service for STVR Regulatory Efforts Associated with Registration and Monitoring (Assuming Varying Number of Registered Units) Description Est. Annual Cost Est. No. of Registered Units Total Annual Cost Per Unit Current Fee Current Cost Recovery Cost at 1,100 Units $317,436 1,100 $289 $103 36% Cost at 1,500 Units $317,436 1,500 $212 $103 49% Cost at 2,000 Units $317,436 2,000 $159 $103 65% Estimated Revenue Impact Assuming Various Fee Scenarios (Assuming 1,500 Registrations) Description Count Current Fee Proposed Fee Current Revenue Proposed Revenue Difference 1,100 Registrations (No Fee Change)1,500 $103 $107 $154,500 $160,500 $6,000 1,100 Registrations (@ 50% Cost Recovery)1,500 $103 $107 $154,500 $160,500 $6,000 1,100 Registrations (@ 100% Cost Recovery)1,500 $103 $107 $154,500 $160,500 $6,000 [a] Excludes estimated labor time associated with code compliance inspection for initial permit requests. Attachment 3: 2458 City of La Quinta Input cells shaded in gray Short-Term Vacation Rental Program Cost of Service Calculation Fee Description Est Labor Time Fully- Burdened Hourly Svc Cost at FBHR Current Fee Current Cost Recovery Proposed Fee Proposed Cost Recovery 1 Short-Term Vacation Rental Permit Code Compliance Inspection Fee 3.00 x 109$ =326$ n/a n/a 325$ 100% Attachment 3: 3459 City of La Quinta Input cells shaded in gray Pool Drain Permit and Golf Cart Permit Cost of Service Calculation Fee Description Est Labor Time Fully- Burdened Hourly Svc Cost at FBHR Current Fee Current Cost Recovery Proposed Fee Proposed Cost Recovery 1 Pool Drain Permit 0.75 x 109$ =81$ 10$ 12%25$ 31% 2 Golf Cart Permit a) New 1.00 x 109$ =109$ 10$ 9%50$ 46% b) Renewal 0.50 x 109$ =54$ 10$ 18%25$ 46% Attachment 3: 4460 City of La Quinta Input cells shaded in gray Home Occupation Permit Fee Cost of Service Calculation Fee Description Est Labor Time Fully- Burdened Hourly Svc Cost at FBHR Current Fee Current Cost Recovery Proposed Fee Proposed Cost Recovery 1 Home Occupation Permit 1.25 x 109$ =136$ 70$ 52%100$ 74% 2 Home Occupation Permit - Address Change 1.25 x 109$ =136$ 35$ 26%50$ 37% Attachment 3: 5461 City of La Quinta Input cells shaded in gray Film/Photography Permit Fee Cost of Service Calculation Fee Description Est Labor Time Fully- Burdened Hourly Svc Cost at FBHR Current Fee Current Cost Recovery Proposed Fee Proposed Cost Recovery 1 Film/Photography Permit Application Review Fee a) Cast and Crew of One to Three Persons 1.00 x 109$ =109$ varies n/a 100$ 92% b) Cast and Crew of Four or More Persons 4.00 x 109$ =434$ varies n/a 400$ 92% [a] Additional fees may apply for business license, other agency review fees, security, sanitation/health, fire, building and safety, on-site support, etc. Attachment 3: 6462 City of La Quinta Input cells shaded in gray Bingo Permit Fee Cost of Service Calculation Fee Description Est Labor Time Fully- Burdened Hourly Svc Cost at FBHR Current Fee Current Cost Recovery Proposed Fee Proposed Cost Recovery 1 Bingo Permit a) Initial 0.75 x 109$ =81$ n/a n/a 50$ 61% b) Renewal 0.75 x 109$ =81$ n/a n/a 50$ 61% Attachment 3: 7463 464 ATTACHMENT 4 465 466 467 468 City of La Quinta CITY COUNCIL MEETING: August 7, 2018 STAFF REPORT AGENDA TITLE: INTRODUCE AN ORDINANCE AMENDING CHAPTER 3.33 OF THE LA QUINTA MUNICIPAL CODE AND ADOPT RESOLUTION RELATING TO THE COLLECTION OF TRANSPORTATION UNIFORM MITIGATION FEE RECOMMENDATION A) Move to take up Ordinance No. ___ by title and number only and waive further reading. B) Move to introduce at first reading Ordinance No. ___ amending Chapter 3.33 of the La Quinta Municipal Code pertaining to the collection of Transportation Uniform Mitigation Fee. C) Adopt a resolution setting the Transportation Uniform Mitigation Fee based on the “Transportation Uniform Mitigation Fee 2018 Fee Schedule Update, Nexus Study Report” approved by the Coachella Valley Association of Governments Executive Committee. EXECUTIVE SUMMARY In 2012, the City joined the Coachella Valley Association of Governments (CVAG) Transportation Uniform Mitigation Fee Program (TUMF) to receive its local share of the Measure A one-half cent sales tax funds (Measure A Funds). Per the CVAG/City Agreement, 50% of the City’s local share of Measure A funds are allocated for annual street maintenance and 50% to CVAG to repay the $5.5 million in TUMF fees owed to CVAG. Once the TUMF shortfall is repaid in FY 2018/19, the City will receive 100% of its local share of Measure A funds. In April 2018, CVAG approved Michael Baker International, Inc.’s “TUMF Fee Schedule Update, Nexus Study Report” (2018 Nexus Study), establishing updated TUMF levels and program revenue collection targets. Notice regarding the proposed TUMF ordinance and fee amendments was provided to stakeholder groups, and Public Hearing notices were published in The Desert Sun. PUBLIC HEARING ITEM NO. 2 469 FISCAL IMPACT There will be no fiscal impact to the City as the TUMF fees are paid by developers. BACKGROUND/ANALYSIS TUMF was established in 1988 to fund regional transportation improvements in the Coachella Valley. The source of funds is a combination of development impact fees and Measure A sales tax revenue. The Measure A legislation directly links a local agency's receipt of the half cent of sales tax to that agency's participation in the TUMF. The program requires that local agencies charge the TUMF fee to new development. Prior to 2012, the City elected to not participate in TUMF in order to collect local development impact fees and fund roadway improvements (in advance of the schedule outlined in the regional TUMF program). In 2012, the City joined TUMF because the City had built the local improvements and was seeking a new funding source to maintain them. The City receives approximately $1.2 million per year in Measure A sales tax revenue for local transportation improvements; 50% is retained by CVAG to reimburse CVAG for TUMF fees they would have received if the City had participated since 1988. After the CVAG reimbursements are fully paid in 2018/19, the City will retain all Measure A funding ($1.2 million per year). CVAG elected to update (the current fee structure was 12 years old) and simplify the TUMF program, and commissioned Michael Baker International, Inc. to prepare the 2018 Nexus Study that establish updated TUMF fees and program funding priorities. The 2018 Nexus Study revealed the need to revise certain provisions of the model TUMF ordinance to reflect changes in the Mitigation Fee Act, which governs the adoption and implementation of development impact fees, and to reflect the findings of the 2018 Nexus Study. In April 2018, the CVAG Executive Committee approved significant changes from the existing 2006 TUMF Handbook as part of the new 2018 TUMF Handbook (Attachment 1). These changes include: •trip rate change from $192/trip to $245/trip; •land use categories consolidation from 70 to 12; and •inflation factor to be annually reviewed by CVAG Executive Committee. 470 AGENCY AND PUBLIC REVIEW Notice regarding the proposed TUMF ordinance and fee amendments was provided in accordance with Government Code Sections 66016 and 6062(a). Interested stakeholders, the Building Industry Association of Southern California – Riverside County Chapter (BIA), the Desert Valleys Builders Association (DVBA), and the Southern California Gas Company (SC Gas) received notice of these recommendations on July 23, 2018. Public Hearing notices were published in The Desert Sun on July 27 and August 3, 2018. On July 24, 2018, the DVBA submitted a letter of support (Attachment 2). On July 24, 2018, SC Gas requested clarifying information regarding the applicability of TUMF to electric, gas, and sanitary services, which was provided by staff in concert with CVAG on August 1, 2018. To date, no comments have been received from the BIA. ALTERNATIVES No alternative is recommended. This amendment is necessary to participate in the TUMF program and receive Measure A funds. Prepared by: Julie Mignogna, Management Analyst Approved by: Bryan McKinney, City Engineer Attachments: 1. CVAG Executive Committee TUMF Handbook Staff Report 2.DVBA Letter of Support dated July 24, 2018 471 472 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 3.33 OF THE LA QUINTA MUNICIPAL CODE PERTAINING TO THE COLLECTION OF TRANSPORTATION UNIFORM MITIGATION FEES WHEREAS, the City of La Quinta ("City") is a Member Agency of the Coachella Valley Association of Governments (“CVAG”), a joint powers agency consisting of the County of Riverside ("County"), the Agua Caliente Band of Cahuilla Indians, the Cabazon Band of Mission Indians, the Torres Martinez Desert Cahuilla Indians, the City of Blythe, and the nine cities (Desert Hot Springs, Palm Springs Cathedral City, Rancho Mirage, Palm Desert, Indian Wells, La Quinta, Indio and Coachella) situated in the Coachella Valley (collectively, "Member Agencies"); and WHEREAS, acting in concert, the Member Agencies developed a plan whereby the shortfall in funds needed to enlarge the capacity of the Regional System of Highways and Arterials within CVAG's jurisdiction (the “Regional System”) could be made up in part by a Transportation Uniform Mitigation Fee ("TUMF") imposed on future residential, commercial and industrial development within the jurisdiction; and WHEREAS, based on the 1987 Transportation Study, the City implemented CVAG's model TUMF ordinance, and adopted Ordinance No. 507 on February 19, 2013, adding Chapter 3.33 to the La Quinta Municipal Code; and WHEREAS, CVAG commissioned Michael Baker International, Inc. to prepare an updated TUMF study entitled "Transportation Uniform Mitigation Fee (TUMF) 2018 Fee Schedule Update, Nexus Study Report", and dated March 2018 (“2018 Nexus Study") to establish updated TUMF levels and program revenue collection targets, which was approved by the CVAG Executive Committee on April 30, 2018; and WHEREAS, the 2018 Nexus Study revealed the need to revise certain provisions of the model TUMF ordinance to reflect changes in the Mitigation Fee Act which governs the adoption and implementation of development impact fees and to reflect the findings of the 2018 Nexus Study; and WHEREAS, by notice duly given and posted, on July 27 and August 3, 2018, the City Council conducted a public hearing to consider approval of the 2018 Nexus Study and this Ordinance; and 473 Ordinance No. Transportation Uniform Mitigation Fee Adopted: Page 2 of 9 WHEREAS, at the time and place set for the hearing, the City Council duly considered the data and information provided by CVAG, City staff and the public relative to the TUMF and all other comments, whether written or oral, submitted prior to the conclusion of the hearing; and WHEREAS, the City Council wishes to accurately collect TUMF fees along with the other participating jurisdictions within the Coachella Valley as requested by the CVAG General Assembly. NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. SECTION 3.33.020 DEFINITIONS shall be amended as written in “Exhibit A” attached hereto. SECTION 2. SECTION 3.33.070 EXEMPTIONS AND CREDITS shall be deleted in its entirety. SECTION 3. SEVERABILITY. The City Council declares that, should any provisions, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, or words of this ordinance as hereby adopted shall remain in full force and effect. SECTION 4. EFFECTIVE DATE. This Ordinance shall be in full force and effect sixty (60) days after its adoption or November 17, 2018. SECTION 5. POSTING. The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the permanent record of Ordinances of the City of La Quinta. PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this ___ day of September, 2018, by the following vote: 474 Ordinance No. Transportation Uniform Mitigation Fee Adopted: Page 3 of 9 AYES: NOES: ABSENT: ABSTAIN: _______________________ LINDA EVANS, Mayor City of La Quinta, California ATTEST: __________________________________________ MONIKA RADEVA, Acting City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: _____________________________________ WILLIAM H. IHRKE, City Attorney City of La Quinta, California 475 Ordinance No. Transportation Uniform Mitigation Fee Adopted: Page 4 of 9 “EXHIBIT A” ORDINANCE NO. XXX Chapter 3.33 TRANSPORTATION UNIFORM MITIGATION FEE 3.33.010 Purpose, use and findings. The city council finds and determines as follows: A. The city is a member agency of the Coachella Valley Association of Governments (CVAG), a joint powers agency consisting of public agencies situated in the Coachella Valley (collectively, member agencies). B. Acting in concert, the member agencies developed a plan whereby the shortfall in funds needed to enlarge the capacity of the Regional System of Highways and Arterials within CVAG’s jurisdiction (the Regional System) could be made up in part by a transportation uniform mitigation fee (TUMF) imposed on future residential, commercial and industrial development within the jurisdiction. C. That CVAG commissioned the preparation of various studies (fee studies) which evaluate population and employment growth, future transportation needs and the availability of traditional transportation funding sources to establish updated TUMF levels and program revenue collection targets. D. That the fee studies, as periodically updated, make it possible to determine a reasonable relationship between the cumulative regional impacts of new land development projects in the Coachella Valley on the Regional System and the need to mitigate these transportation impacts using funds levied through the TUMF program. E. That the fee studies, as periodically updated, establish the purposes of the TUMF, which may be summarized as a uniform development impact fee to help fund construction of the Regional System needed to accommodate growth in the Coachella Valley to the year 2030. F. That the fee studies, as periodically updated, establish that the TUMF proceeds will be used to help pay for the engineering, construction and acquisition of right-of-way for the Regional System improvements identified therein. Such improvements are necessary for the safety, health and welfare of the residential and nonresidential users of the development projects on which the TUMF will be levied. G. That the fee studies, as periodically updated, establish a reasonable and rational relationship between the use of the TUMF proceeds and the type of development projects on which the TUMF is imposed. H. That the fee studies, as periodically updated, establish the reasonable relationship between the impact of new development and the need for the TUMF. 476 Ordinance No. Transportation Uniform Mitigation Fee Adopted: Page 5 of 9 I. That the TUMF program revenues to be generated by new development will not exceed the total fair share of these costs. J. That the projects and methodology identified in the fee studies, as periodically updated, for the collection of fees is consistent with the goals, policies, objectives and implementation measures of the city’s general plan. K. That the TUMF program complies with the provisions of the Mitigation Fee Act. (Ord. 507 § 1, 2013) 3.33.020 Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them as follows: “Change of use” means any change in the use of an existing building that results in the increase of vehicular trips. “Development” means any activity which requires discretionary or ministerial action by the city resulting in the issuance of grading, building, plumbing, mechanical or electrical permits, or certificates of occupancy issued by the city to construct, or change the use of, a building or property. Where “development” applies to an enlargement of an existing building, or a change of use of an existing building that results in increased vehicle trips, the average weekday trips shall be only the additional trips in excess of those associated with the existing use. “Fee studies” means the studies prepared by CVAG and adopted by the city council, which support the fee established by this chapter, and includes all the underlying reports and documents referenced therein. “Impact fee schedule” means the schedule of development impact fees approved by resolution of the city council. “Mitigation Fee Act” means the law set forth in the California Government Code (Government Code Section 66000 et seq.) that establishes the criteria for establishing a fee as a condition of approval of a development project. “Regional System” means the regional system of roads, streets and highways identified by CVAG in its 2016 Transportation Project Prioritization Study (TPPS)as needed to accommodate growth in the Coachella Valley to the year 20340. Only those projects scoring above 7.5 points in the TPPS are included for TUMF consideration. “Transportation mitigation trust fund” means the fund established pursuant to this chapter. “TUMF” means the transportation uniform mitigation fee established by this chapter. (Ord. 507 § 1, 2013) 477 Ordinance No. Transportation Uniform Mitigation Fee Adopted: Page 6 of 9 3.33.030 Fee established. A. There is established a transportation uniform mitigation fee (TUMF), which shall apply to new development yet to receive final discretionary approval and/or issuance of a building permit or other development right and to any reconstruction or new use of existing buildings that results in change of use and generates additional vehicular trips. B. The facilities to be funded by the TUMF are detailed in the fee study, which is on file with the city’s public works department. C. The TUMF is in addition to the requirements imposed by other city laws, policies or regulations relating to the construction or the financing of the construction of public improvements within subdivisions or developments. (Ord. 507 § 1, 2013) 3.33.040 Fund established. A. There is established a transportation mitigation trust fund (trust fund) into which TUMF proceeds shall be deposited. B. TUMF proceeds shall be imposed and collected by the city and shall be transmitted to CVAG to be placed in the trust fund. All interest or other earnings of the trust fund shall be credited to the trust fund. C. CVAG shall administer the trust fund in accordance with the Mitigation Fee Act. (Ord. 507 § 1, 2013) 3.33.050 Calculation and collection of the TUMF. A. The method of calculating the TUMF shall be described in CVAG’s Transportation Uniform Mitigation Fee Handbook, a copy of which is on file with the city’s public works department. B. The amount of the fees due shall be the amount set forth in the applicable impact fee schedule in effect at the time each fee is due. The TUMF shall be collected pursuant to the city’s established procedures for the collection of development impact fees. (Ord. 507 § 1, 2013) 3.33.060 Use restrictions. TUMF proceeds shall be solely used for the engineering, construction and acquisition of right-of-way for the Regional System improvements identified in the fee study and any other purpose consistent with this chapter. TUMF proceeds shall not be used for Regional System maintenance. (Ord. 507 § 1, 2013) 478 Ordinance No. Transportation Uniform Mitigation Fee Adopted: Page 7 of 9 3.33.070 Exemptions and credits. A. The following developments are exempted from payment of the fee required by this chapter: 1.Low- and lower-income residential housing, including single- family homes, apartments and mobilehomes built for those whose income is no more than eighty percent of the median income in the San Bernardino-Riverside Standard Metropolitan Statistical Area and as determined and approved by the city council or its designee. The sales or rental price shall not exceed the affordability criteria as established under HUD Section 8 guidelines. 2.Public buildings, public schools and public facilities, unless primarily used for lease to private, for-profit enterprises. 3.Buildings used for religious purposes but excluding other commercial properties or businesses owned by a religious institution. 4.The reconstruction of any building so long as the reconstructed building both continues a use of the same category as the prior use, and generates the same or fewer trips as the original building and reconstruction commences within one year from destruction of the building. B. Credit against the TUMF shall be given where a developer improves streets included within the Regional System beyond the city’s requirements established for on-site and off-site improvements imposed upon projects. To receive a credit, the developer shall obtain in advance an agreement with CVAG pursuant to CVAG’s rules and regulations. That credit shall be an amount equal to the actual engineering and construction costs incurred at the time of the development to the extent that CVAG has included those costs in its estimated cost of constructing the Regional System. (Ord. 507 § 1, 2013) 3.33.080 Appeal procedures. A. Any developer, who, because of the nature or type of uses proposed for a development project, contends that application of the TUMF is unconstitutional or unrelated to mitigation of the burdens of the development, may file a written appeal with the city within ninety days after imposition of the TUMF as a condition of approval or as otherwise provided by the Mitigation Fee Act. B. The appeal shall be heard by the CVAG executive committee in accordance with CVAG’s established policies and procedures for conducting such matters. The decision of the executive committee shall be final. (Ord. 507 § 1, 2013) 479 Ordinance No. Transportation Uniform Mitigation Fee Adopted: Page 8 of 9 3.33.090 Administrative fee. A. The city may impose an administrative fee in amount computed to cover the average cost to the city of processing the TUMF. The city shall establish such fee in accordance with the city’s procedures for establishing service-related fees. B. The administrative fee authorized by this section shall be in addition to the fee imposed under Section 3.33.030. The administrative fee, when collected, shall be retained by the city to recover its costs. (Ord. 507 § 1, 2013) 480 Ordinance No. Transportation Uniform Mitigation Fee Adopted: Page 9 of 9 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, MONIKA RADEVA, Acting City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. (enter number) which was introduced at a regular meeting on the 7th day of August, 2018, and was adopted at a regular meeting held on the ___ day of September, 2018, not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in the Rules of Procedure adopted by City Council Resolution No. 2015-023. __________________________________________ MONIKA RADEVA, Acting City Clerk City of La Quinta, California DECLARATION OF POSTING I, MONIKA RADEVA, Acting City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on , pursuant to Council Resolution. __________________________________________ MONIKA RADEVA, Acting City Clerk City of La Quinta, California 481 482 RESOLUTION NO. 2018 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE TRANSPORTATION UNIFORM MITIGATION FEE AMOUNT PURSUANT TO CHAPTER 3.33 OF THE LA QUINTA MUNICIPAL CODE RELATING TO TRANSPORATION UNIFORM MITIGATION FEE WHEREAS, this action is exempt under the California Environmental Quality Act (CEQA), Article 18, Statutory Exemptions, Section 15273(a) Rates Tolls Fares and Charges; and WHEREAS, the City Council of the City of La Quinta, California by Ordinance No. ___ amended the TUMF based on certain findings including but not limited to the following: (1)Future development within the City of La Quinta and within the Coachella Valley to the year 2040 will result in traffic volumes in excess of capacity thereby adversely impacting the regional system of streets, arterials and highways now existing; (2)Failure to expand the capacity of the existing circulation system will cause unacceptable levels of congestion on the streets, arterials, and highways of the regional system; (3)Absent a uniform mitigation transportation fee imposing a fair-share traffic impact fee on new development, existing and future sources of revenue will be inadequate to fund substantial portions of the Regional Transportation System improvements needed to avoid unacceptable levels of congestion and related adverse impacts; (4)The Transportation Uniform Mitigation Fee will raise the additional revenues needed to construct the improvements to accommodate traffic that will be generated by development of land within the City and within the Coachella Valley; (5)The Transportation Uniform Mitigation Fee is a fair and equitable method for distributing the unfunded costs of transportation improvements necessary to accommodate the traffic volumes generated by new development; and 483 Resolution No. 2018- Transportation Uniform Mitigation Fee Adopted: August 7, 2018 Page 2 of 4 WHEREAS, this hearing to amend the City’s Transportation Uniform Mitigation Fee (TUMF) was duly noticed pursuant to Government Code Sections 6062(a) – Manner of Publication, and 66016, Local agency fees; new fees and increases; procedures; and WHEREAS, on February 5, 2013, the City Council adopted Resolution No. 2013-07, setting the method of calculating and collecting TUMF; and WHEREAS, Section 3.33.050 of the La Quinta Municipal Code requires that the amount of the mitigation fee (1) shall be based on the trip generation rate defined in CVAG's Transportation Uniform Mitigation Fee Handbook, a copy of which will be on file in the City's Design and Development Department, (2) shall be established by the City and (3) requires the City to adopt by resolution the fee as recommended by CVAG or a higher fee amount; and WHEREAS, the City Council, in determining the amount of the mitigation fee, desires to ensure that the fee is calculated by a fair and equitable method to distribute the costs of the improvements necessary to accommodate traffic volumes generated by future growth. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. Findings: Each WHEREAS paragraph, set forth above, is adopted as a specific finding of this City Council. The City Council further finds that: a. The report entitled "Transportation Uniform Mitigation Fee 2018 Fee Schedule Update, Nexus Study Report" dated March 2018 ("2018 Nexus Study") to establish updated TUMF Levels and program revenue collection targets, which was approved by the CVAG Executive Committee on April 30, 2018, accurately states the City's need to collect the TUMF fees along with the other participating jurisdictions within the Coachella Valley as requested by the CVAG General Assembly. The 2018 Nexus Study is hereby approved and incorporated herein by this reference. b. Based on the above findings, the La Quinta City Council adopts this resolution setting the TUMF amount and sets forth that amount as follows: $245 per average daily trip for all residential development 484 Resolution No. 2018- Transportation Uniform Mitigation Fee Adopted: August 7, 2018 Page 3 of 4 c. The amount of the mitigation fee shall be based on the trip generation rate defined in CVAG's Transportation Uniform Mitigation Fee Handbook, a copy of which will be on file in the City's Design and Development Department. The Transportation Uniform Mitigation Fee Handbook, effective November 1, 2018 is hereby approved and incorporated herein by this reference. SECTION 2. Superseding. Resolution No. 2013-007 is hereby superseded and revised method of calculating and collecting TUMF as specified above is hereby adopted. SECTION 3. Effective Date. This Resolution shall become effective concurrent with Ordinance No. ___, on the 17th day of November, 2018. SECTION 4. Amendments. The Council shall, pursuant to Ordinance No. ____ annually review and if necessary, may amend the amount of the Transportation Uniform Mitigation Fee to ensure that the fee continues to be a fair and equitable method to distribute the costs of the improvements necessary to accommodate traffic volumes generated by future growth. If CVAG amends the recommended amount of the fee pursuant to its annual review, the Council shall amend this resolution in accordance with CVAG's recommended amended fee amount. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 7th day of August, 2018, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ____________________________ LINDA EVANS, Mayor City of La Quinta, California 485 Resolution No. 2018- Transportation Uniform Mitigation Fee Adopted: August 7, 2018 Page 4 of 4 ATTEST: __________________________________________ MONIKA RADEVA, Acting City Clerk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: _______________________________________ WILLIAM H. IHRKE, City Attorney City of La Quinta, California 486 ITEM 6D Staff Report Subject: TUMF Handbook Contact: Eric Cowle, Transportation Program Manager (ecowle@cvag.org) Recommendation: Approve the 2018 TUMF Handbook. Transportation Committee: CONCURS (Meeting of June 4th) Technical Advisory Committee: CONCURS (Meeting of June 11th) Background: CVAG’s Executive Committee approved the 2018 TUMF/Nexus Study at their April 2018 meeting. The primary purpose of the Nexus Study is to determine a linkage between development and transportation system impacts. The Study determined that by 2040, over one million trips will be added to the Coachella Valley. When the cost of the anticipated Transportation Project Prioritization Study (TPPS) projects using the same 2040 horizon are divided by the new trips, the result is $245/trip. The previous trip rate, from 2006, was $192/trip. With the new $245 trip rate, the actual development fees are then calculated for individual land uses. The Institute of Transportation Engineers (ITE) has exhaustively analyzed different land uses with respect to trip generation and publishes the ITE Trip Generation Manual. This manual is the accepted industry standard with respect to trip generation data. The actual fees are determined by multiplying the $245 trip rate established in the Nexus Study by the ITE factor for trips per land use. For example, ITE shows a residential single-family dwelling unit responsible for, on average, 9.44 trips per day. $245/trip x 9.44 trips = $2,312.80, which would be the TUMF fee for a single-family dwelling unit (CVAG has rounded this fee to $2,310) Development occurs within many different land uses. In previous TUMF Handbooks, CVAG has utilized as many as 70 land-use categories and sub-categories. Based upon feedback from CVAG’s TUMF Advisory Committee, there was consensus that consolidating the land-use categories would simplify the process without impacting the amount of TUMF collected. CVAG has aggregated the land use categories and the proposed TUMF Handbook only utilizes twelve categories and their associated TUMF fee as illustrated in the following table: ATTACHMENT 1 487 Land-use Category Fee per Unit Residential Single-Family Detached $2,310/dwelling unit Multi-Family, Mobile Home $1,330/dwelling unit Nursing/Congregate Care $ 495/dwelling unit Transit Oriented Development 15% discount Low-Income Housing Exempt from Fee Non-Residential Industrial $1,215/1,000SF Office $2,390/1,000SF Retail $6,010/1,000SF Fuel – Gas $8,610/dispenser Fuel – Electric $ 91/dispenser Golf Course $ 920/acre Hotel $3,510/room As a courtesy, a copy of the draft Handbook was sent to the BIA and DVBA for their review several weeks ago. On Friday, May 31st, CVAG received a letter from the DVBA providing comments on the Draft TUMF Handbook. Prior to the Transportation Committee Meeting on June 4th, CVAG staff talked with DVBA staff and determined that the comments could be addressed with clarifications and that it was not DVBA’s intent to slow the approval process. CVAG met with DVBA again on June 15th to address certain clarifications to everyone’s satisfaction. One of DVBA’s concerns was the appeal fee of $500. CVAG staff has agreed with DVBA that the fee should be refundable if the finding was determined to be in the applicant’s favor. Exemptions The Executive Committee, in approving the 2018 TUMF Nexus Study, also approved continuing the existing exemption for low-income housing. No other exemptions are allowed. Inflation The Executive Committee, in approving the 2018 TUMF Nexus Study, also approved an inflation factor, to be reviewed by CVAG’s Executive Committee on an annual basis. The inflation factor for TUMF is the same one utilized by the Coachella Valley Local Development Mitigation Fee, based on the Riverside-San Bernardino-Ontario Consumer Price Index. The TUMF Program was last updated in in 2006. Inflation from 2006 to 2018 was 26%. The new TUMF trip rate is $245, which is 27.6% higher than the previous $192 rate from 2006. Additional Comments At CVAG’s Transportation Committee (June 4th, 2018) there was discussion about greenhouses, with a consensus that they should be included with the Industrial land-use category. Additionally, the Transportation Committee agreed with the DVBA that the $500 appeal fee should be refundable if the finding was determined to be in the applicant’s favor. These changes have been made to the Draft document. A twist related to “Shopping Centers” As a part of CVAG’s annual audit and review of the TUMF program, it recently became clear that at least two, and potentially more, to-be-built shopping centers are “mid-stream”, they have built one or two buildings but not a third as of June, 2018. Such a situation creates an unintended consequence from streamlining categories in the 2018 TUMF program; once the shopping center designation is eliminated, they would not be able to take advantage of the 2012 system which had them pay for a stand-alone land use/business and then get a credit/refund check later when 480 488 a third building is constructed. Consequently, CVAG staff is recommending eliminating the shopping center and related land uses immediately and creating a refund procedure for such developers. This matter only surfaced after the CVAG Transportation Committee and TAC meetings. The proposed actions under item 7.F will result in lower TUMF revenues during the transition period for these specific land use categories and refunds to previously approved shopping centers to continue indefinitely. This is addressed in the attached Handbook in underlined text on page 7. The new TUMF rates are scheduled to go into effect on November 1, 2018. Fiscal Impact: The 2018 TUMF Handbook reflects the Executive Committee’s prior approval to increase the overall trip rate from $192 to $245. This increase will result in additional TUMF revenue to fund future regional transportation projects that are identified in the TPPS. Only projects scoring above 7.5 points in the TPPS will be considered for funding until the TPPS and TUMF are updated again in the future. Attachments: Draft TUMF Handbook 489 COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS TRANSPORTATION UNIFORM MITIGATION FEE (TUMF) HANDBOOK Effective November 01, 2018 490 1 TABLE OF CONTENTS 1.0 Introduction and Purpose .....................................................................................................2 2.0 Standard Fee Calculations ....................................................................................................6 2.1 Standard Residential Fee Calculations..........................................................................6 2.2 Standard Non-Residential Fee Calculations .................................................................6 3.0 Detailed Methodology for Residential Defined Use Types ...................................................10 3.1 Single-Family, Detached................................................................................................10 3.2 Multi-Family/Mobile Home Parks ..…………………………………………….….………...10 3.3 Nursing Home/Congregate Care.……………………………………………………………10 3.4 Transit-Oriented Development……………………………………………………………….10 3.5 Low Income Housing ......................................................................................................11 4.0 Detailed Methodology for Non-Residential Defined Use Types.............................................12 4.1 Industrial…………………………………………………………………………..…………….12 4.2 Office………………………………………….…………………………………………………12 4.3 Retail………………………………………….…………………………………………………12 4.3.1 Fuel Filling Stations - Gasoline……….................................................................12 4.3.2 Fuel Filling Stations - Electric……………………………..……………………..…..13 4.4 Multiple Land Uses on same development …………......................................................13 4.5 Golf Courses....................................................................................................................13 4.6 Hotel……………………………………………………………………………………..……....13 5.0 Exemptions ……………………………………….……………………………………………………14 491 2 1.0 INTRODUCTION AND PURPOSE PREFACE In 1987, the California Legislature passed a groundbreaking bill titled Assembly Bill 1600, also known as the “Mitigation Fee Act.” The bill outlined the legal requirements in which a development impact fee is charged by a local governmental agency to an applicant related to the approval of a development project. The fee was intended to pay for all or a portion of the costs of public facilities associated with that project. Two years later, in 1989, the Board of Supervisors of the County of Riverside drafted and adopted Ordinance No. 673, which outlines the establishment of a Transportation Uniform Mitigation Fee (TUMF) Program for the Coachella Valley. The fee would be imposed on future residential, commercial and industrial development within the jurisdiction. The TUMF program compliments the 20-year Measure A sales tax measure approved by the voters of Riverside County in November of 1988. Measure A was due to expire in 2009, but the Riverside County Transportation Commission adopted Ordinance 02-001 following a 30-year extension by the voters in 2002. Measure A is currently slated to expire in 2039. At the time of its adoption, the intention was for the TUMF to generate at least the equivalent of Measure A funding toward the Regional Arterial System. Today, TUMF revenue provides less than its intended share of match toward Measure A funding. The TUMF is required to be updated periodically. To accomplish this, a Nexus Study is conducted to lawfully link projected growth in the Coachella Valley to the current Transportation Project Prioritization Study (TPPS) Program. CVAG has utilized a five-year period for its updates, seeking to maintain the fee level at a fair and equitable level as conditions change. On June 27, 2005, CVAG’s General Assembly approved a modification of the CVAG boundaries as well as the TUMF collection boundary. CVAG updated the Transportation Project Prioritization Study in 2016 and conducted a Fee Schedule Nexus Study that was approved in April of 2018. Based on those documents, the Executive Committee approved the new $245 Fee Per Average Daily Trip for implementation on April 30, 2018. Subsequently, the TUMF collecting jurisdictions amended their TUMF ordinances and fee setting resolutions to reflect the new fees effective November 1, 2018, 30 days after adoption. The following provisions from the TUMF Handbook are provided as background information: •The provisions of this TUMF Handbook shall apply only to new development yet to receive final discretionary approval and or issuance of a building permit or other development right and to any reconstruction or new use of existing buildings that results in a change of use and generates additional vehicular trips. •No tract map, parcel map, conditional use permit, land use permit or other entitlement shall be approved unless payment of the mitigation fee is a condition of approval for any such entitlemen t. The mitigation fee shall be paid to the applicable jurisdiction. •No building or similar permit, certificate of occupancy or business license reflecting a change of use shall be issued unless the applicant has paid the mitigation fee. •No building or similar permit, shall be issued unless the applicant has paid the mitigation fee. 492 3 •Mitigation fees shall be imposed and collected by the applicable jurisdiction at building permit issuance and shall be transmitted to CVAG to be placed in the Coachella Valley Transportation Mitigation Trust Fund. All interest or other earnings of the Fund shall be credited to the Fund. •An annual inflation factor is included in this TUMF. The inflation factor shall be the same one utilized by the Coachella Valley Local Development Mitigation Fee, based on the Riverside-San Bernardino-Ontario Consumer Price Index (CPI). Such CPI will be reviewed annually by the Executive Committee which will determine whether or not to apply the inflation factor. The TUMF Handbook is the guiding document that jurisdictions and developers use to determine the TUMF costs of development. Based on the trip rate set by the Nexus Study, the actual fees to be charged to developers by land use category can be determined. The Institute of Transportation Engineers (ITE) is an organization of transportation professionals including transportation engineers, transportation planners, consultants, educators, technologists, and researchers. ITE has exhaustively analyzed different land uses with respect to trip-generation and publishes the ITE Trip Generation Manual. The ITE manual is the accepted industry standard with respect to trip generation data. CVAG has utilized the 10th Edition, published in 2017, for TUMF calculations. This handbook establishes the TUMF that shall apply to all land uses listed. It is possible that certain developments may not be listed in the land use categories defined in the fee schedule. In cases where such ambiguity exists, an authorized representative from CVAG will make a determination as to the applicable fee(s). An applicant who disputes any fee may file a written notice of appeal For a TUMF appeal, the applicant must pay the fee and then file an appeal letter with CVAG within 90 days. There is a fee of $500 that must be submitted with the appeal. The applicant shall pay the fee as determined and then submit a letter to CVAG stating the reason for the appeal, a copy of the City receipt for the fee payment, and a check for $500 made out to CVAG. After CVAG receives the appeal letter, a hearing will be scheduled at a meeting of the Technical Advisory Committee (TAC). CVAG will notify the applicant of the time and date of the hearing. TAC will make a recommendation on granting or denying the appeal. The TAC recommendation will then go to the CVAG Executive Committee for final action. The Executive Committee shall hear the appeal within 90 days from original receipt of the appeal letter at CVAG, or soon thereafter, and make a decision. The decision of the Executive Committee is final. If the decision is in the applicant’s favor, the $500 fee will be refunded. TUMF DEFINITIONS For the purposes of this Handbook, the following words and phrases shall have the meanings respectively ascribed to them as follows: “Change of use” means any change in the use of an existing building that results in the increase of vehicular trips. “Coachella Valley Association of Governments,” hereinafter CVAG, means the legal entity which will manage and administer the transportation uniform mitigation fee in accordance with the laws of the State of California. “Development” means any activity which requires discretionary or ministerial action by the City resulting in the issuance of grading, building, plumbing, mechanical or electrical permits, or certificates of occupancy issued by the City to construct, or change the use of, a building or property. Where “development” applies to an enlargement of an existing building, or a change of use of an existing building that results in increased vehicle 493 4 trips, the average weekday trips shall be only the additional trips in excess of those associated with the existing use. "Fee Study" means the TUMF Nexus Study prepared and approved by CVAG and adopted by the City Council, which supports the fee established by this chapter, and includes all the underlying reports and documents referenced therein. "Mitigation Fee Act" means the law set forth in the California Government Code (Government Code Section 66000 et seq.) that establishes the criteria for establishing a fee as a condition of approval of a development project. "Regional System" means the regional system of roads, streets and highways identified by CVAG in its Transportation Project Prioritization Study (TPPS) needed to accommodate growth in the Coachella Valley to the year 2040. “Trip generation rate” means the number of average weekday trips generated by a particular land use. The trip generation rate for each of the following land use categories shall be the rate published by the Institute of Transportation Engineers (ITE), 10th edition, or as revised, calculated upon the measurement herein specified. Trip generation rates shall be calculated based upon the following measurements: 1.Residential. Single-family, multifamily, mobile homes and nursing/congregate care uses shall be calculated per dwelling unit. Transit Oriented Developments (TOD) shall receive a 15% discount on the calculated fee. Low Income housing is exempt from this fee. 2.Non-Residential. Industrial, office and retail uses shall be calculated per 1,000 square feet. 3.Fuel Dispensers for gas and electric. Fuel dispensers for gas and electric vehicles shall be calculated per dispensing unit. 4.Golf Courses. Golf courses shall be calculated per acre. 5.Hotel. Hotels shall be calculated per room. “TUMF" means the Transportation Uniform Mitigation Fee established by the TUMF Nexus Study, approved by CVAG’s Executive Committee on April 30, 2018. “TUMF area” means the CVAG TUMF boundary as established by the CVAG General Assembly and illustrated in Exhibit A of this Handbook. 494 5 Exhibit A 495 6 2.0 STANDARD FEE CALCULATIONS A standard methodology will be applied for calculating all TUMF obligations based on the rates for various land use categories. Fees associated with new residential development are to be calculated based on the prescribed TUMF rate and the total number of dwelling units associated with a new development. Similarly, fees for all new nonresidential developments are to be calculated based on the prescribed TUMF rate and the gross floor area, or as otherwise indicated. 2.1 Standard Residential Fee Calculations For calculating the TUMF obligation, residential dwelling units are defined as a building or portion , which is designed primarily for residential occupancy. Residential dwelling units may include, but are not limited to, detached houses, apartment homes, condominiums and mobile homes. Residential dwelling units do not include hotel and motel rooms. Residential TUMF obligations are calculated by multiplying the net increase in the total number of dwelling units associated with a new development by the appropriate residential land use category fee rate. Residential land use categories include single-family residential dwelling units, multi-family dwelling units, mobile homes and nursing/congregate care, as defined in the respective Handbook Sections. 2.2 Standard Non-Residential Fee Calculations For calculating the TUMF obligation, non-residential development is defined as retail, commercial and industrial development which is designed primarily for use as a business and is not intended for residential occupancy or dwelling use. The applicable non-residential land use category for a non-residential development is determined based on the predominate use of the building or structure associated with the new development and may be related to the underlying land use zoning of the new development site, as prescribed in the respective Handbook Sections. The TUMF non-residential land use categories were defined with reference to the socioeconomic data obtained from the Southern California Association of Governments (SCAG) and used as the basis for completing this Nexus Study analysis. The SCAG employment data is provided for employment sectors consistent with the California Employment Development Department (EDD) Major Groups, as shown in Table 2-1. Table 2.1 provides a table detailing the EDD Major Groups and corresponding North American Industry Classification System (NAICS) Categories that are included in each CVAG non-residential sector type. Table 2.1 should be used as a guide to determine the applicable non-residential TUMF land use category based on the predominate use of the buildings associated with the new development. Non-residential TUMF obligation are calculated by multiplying the net increase in the gross floor area of the buildings or structures associated with a new development by the appropriate non-residential land use category (or as otherwise indicated). The gross floor area of non-residential developments is defined as the sum, measured in square feet, of the area at each floor level, including cellars, basements, mezzanines, penthouses, corridors, lobbies, stores, and offices, that are included within the principal outside faces of the exterior wall of the building or structure, not including architectural setbacks or projections. Included are all stories or areas that have floor surfaces with clear standing head room (at least 6 feet, 6 inches) regardless of their use. Where a ground level area, or part thereof, within the principal outside faces of the exterior walls of the building or structure is left un-roofed, the gross floor area of the un-roofed portion will be added to the overall square footage of the building for the non-residential fee calculation unless the unroofed area is solely provided for architectural or aesthetic purposes. 496 7 2.3 Rules related to “Mid-Stream” Shopping Centers Assessed TUMF prior to 6/25/2018 There is a special procedure for Shopping Center developments which started after the 2012 Handbook was implemented but did not reach the three building and 10,000 square foot minimum requirements to be assessed a “shopping center” rate. While CVAG staff believes that only two such developments meet the criteria as of June 25, 2018, developments within approved shopping centers, as defined by the 2012 Handbook, that have paid TUMF at the Convenience Market, Fast Food, or other retail rates after the 2012 Handbook was implemented shall be entitled to a refund of a portion of the TUMF paid based on the difference between the amount paid and TUMF calculated in the Service/Retail rate in the 2012 Handbook. To qualify for a refund under this section, CVAG Staff must receive confirmation (entitlement, resolution, specific plan, etc.) from a jurisdiction that a development that falls under this situation is a bona-fide shopping center. Refunds will only be provided to the person or entity who paid the TUMF for which a refund is requested or their authorized representative. Persons or entities requesting a refund shall provide written evidence acceptable to CVAG that they are authorized to seek a refund with respect to such development. 497 8 TABLE 2.1 CVAG TUMF SIC Code and Description INDUSTRIAL Agriculture 01 Agricultural - crops 02 Agricultural - livestock 07 Agricultural services 08 Forestry 09 Fishing, hunting and trapping Mining 10 Metal mining 12 Coal Mining 13 Oil and gas extraction 14 Non-metallic minerals, except fuels Construction 15 General building contractors 16 Heavy construction contracting 17 Special trade contractors Manufacturing 20 Food and kindred products 21 Tobacco manufacturers 22 Textile mill products 23 Apparel and other textile products 24 Lumber and wood products 25 Furniture and fixtures 26 Paper and allied products 27 Printing and publishing 28 Chemicals and allied products 29 Petroleum and coal products 30 Rubber and miscellaneous plastics products 31 Leather and leather products 32 Stone, clay, glass and concrete products 33 Primary metal industries 34 Fabricated metal products 35 Industrial machinery and equipment 36 Electrical and electronic equipment 37 Transportation equipment 38 Instruments and related products 39 Miscellaneous manufacturing industries Transportation 40 Railroads and Utilities 41 Local and interurban passenger transit 42 Motor freight transportation and warehousing 43 US Postal Service 44 Water Transportation 45 Transportation by air 46 Pipelines except natural gas 47 Transportation services 498 9 48 Communications 49 Electric, gas and sanitary services Wholesale 50 Wholesale trade - durable goods 51 Wholesale trade - nondurable goods RETAIL Retail 52 Building materials, hardware and garden supply 53 General merchandise stores 54 Food stores 55 Automotive dealers and gasoline service stations 56 Apparel and accessory stores 57 Furniture, home furnishings and equipment stores 58 Eating and drinking places 78 Motion pictures 79 Amusement and recreational services 59 Miscellaneous retail HOTELS 70 Hotels, rooming houses, camps and lodging places OFFICE Finance 60 Depository institutions 61 Non-depository credit institutions 62 Security, commodity brokers and services 63 Insurance carriers 64 Insurance agents, brokers and services 65 Real estate 67 Holding and other investment offices Service 72 Personal services 73 Business services 75 Automotive repair, services and parking 80 Health services 81 Legal services 82 Educational services 83 Social services 84 Museums, art galleries, botanical and zoological garden 86 Membership organization 87 Engineering and management services 88 Private households 89 Miscellaneous services Government 91 Executive, legislative and general government 92 Justice, public sector and safety 93 Finance, taxation, and monetary policy 94 Administration of human resources 95 Environmental quality and housing 96 Administration of economic programs 97 National security and international affairs 499 10 For certain non-residential land use types that have been explicitly defined in this handbook (herein referred to as ‘defined use’) un-enclosed un-roofed areas and un-enclosed roofed spaces that are integral to the performance of the principal business of the site will be added to the overall square footage of any buildings or structures associated with a new development for the purpose of fee calculation. Defined land use categories are listed in Table 2.2 below. Table 2.2 Land Use Category Fee Per Unit1 Residential Single Family Detached $2,310/dwelling unit Multi-Family/Mobile Home Park $1,330/dwelling unit Nursing/Congregate Care $ 495/dwelling unit Non-Residential Industrial $1,215/1000 sq. ft. Office $2,390/1000 sq. ft. Retail2 $6,010/1000 sq. ft. Fuel Dispensers - Gas $8,610/dispensing unit Fuel Dispensers – Electric $ 91/dispensing unit Multiple Land Uses See Section 5.0 Golf Courses $ 920/acre Hotel $3,510/room 1- Derived by multiplying the ITE trip rate by fee/trip of $245/trip. 2- Retail TUMF is reduced by 35% percent to account for linked and pass-through trips. 500 11 3.0 DETAILED METHODOLOGY FOR RESIDENTIAL DEFINED USE TYPES As mentioned in Section 1.0, the ITE manual is the accepted industry standard with respect to trip generation data. CVAG has utilized the ITE Trip Generation Manual (10th Edition), published in 2017, as the methodology for calculating trip generation in the TUMF calculations. It should be noted that any additions and/or improvements to an existing dwelling unit will not be subject to implementation of the TUMF unless, the addition/improvement creates an additional dwelling unit. The following defines each of the residential land use types and the trip generation rates for calculating the TUMF for each. 3.1 Single-Family Detached Single-Family detached is a home on an individual lot, including subdivisions with public streets, or dwelling units within planned unit development. This also includes mobile homes not in a mobile home park. The TUMF obligation for this category and for mobile homes to be located on individually owned lots will be considered single-family dwelling units will be calculated using the ITE Manual Trip Generation rate of 9.44 on a per dwelling unit basis. 3.2 Multi-Family and Mobile Home Parks Includes all multiple-family dwelling units. Typical uses include, but are not limited to, high-rise and low-rise apartments, high-rise and low-rise condominium, and mobile home parks. The TUMF obligation for this category will be calculated using the ITE Manual Trip Generation rate of 5.44 on a per dwelling unit basis. A mobile home park is a planned development designed to accommodate mobile homes for recreational vehicles on individual pad sites, for lease or rent. The TUMF will be required to be paid in full by the mobile home park developer at the time of building permit, with the TUMF obligation at the Multi-Family detached rate of 5.44. 3.3 Nursing/Congregate Care Nursing/Congregate Care uses include, but are not limited to, nursing homes, group homes, correctional facilities, mental hospitals, college dormitories, military barracks, missions and shelters. Nursing/Congregate Care uses typically provide a group of rooms with shared living quarters for unrelated persons. Occupants of Nursing/Congregate Care uses live and eat together with other persons in the building sharing at a minimum communal kitchen, dining and living facilities. All Nursing/Congregate Care uses will be considered residential service use types. The TUMF obligation for this category will be calculated using the ITE Manual Trip Generation rate of 2.02 on a per dwelling unit basis. 3.4 Transit-Oriented Development A Transit Oriented Development (TOD), is a development project consisting of residential use or mixed use where not less than 50 percent of the floorspace is for residential use…if located within ½ mile of a transit station and with direct walking access to the station, within ½ mile of convenience retail uses including a store that sells food, and with a maximum number of parking spaces as required by state statute or local ordinance. Consistent with California Government Code 66005.1, a reduction in any transportation related fee for residential developments must be provided. For calculating the TUMF obligation, a 15% factor reflecting the reduction in 501 12 automobile trip generation associated with residential TOD will be applied to the standard residential TUMF obligation. This is based on a California study (Effects of TOD on housing parking, and travel; R. Cervero et al.; TCRP report 128; 2008). The discount will only be given to residential development projects that pay TUMF. Documentation will be submitted with the development application as the basis for determining the eligibility of the residential land use as a TOD and will include a validation of a transit hub (California Government Code 65460.1) by Sunline Transit Agency. Documentation will include a site plan indicating that at least 50% of the floorspace of the development is dedicated to residential use and the required number of parking spaces associated with the subject development. Documentation will also include a map showing the location of the subject development circled with a ½ mile radius, as well as the location of a transit station(s), the location of diverse uses and direct walking routes of ½ mile or less between the subject development and the listed uses to justify that the development satisfies the characteristics of TOD. 3.5 Low Income Housing Low and lower-income residential housing includes single-family homes, apartments, and mobile homes built for those whose income is no more than 80% of the median income in the San Bernardino-Riverside Standard Metropolitan Statistical Area and as determined and approved by the applicable legislative body or its designee. Exemptions granted for Low Income housing must be reported in the jurisdiction’s monthly TUMF report. Low Income Housing is EXEMPT from paying TUMF obligations. For rental housing, the units shall be made available, rented and restricted to low-income households (as defined in Health and Safety Code Section 50079.5 and Section 50053) at an affordable rent for a period of at least fifty- five (55) years after the issuance of a certificate of occupancy for new residential development. A restricted covenant shall be recorded with the County and shall run with the land for the term of fifty-five (55) years to qualify for the exemption. For “for-sale” housing units, the units shall be sold to persons or families of low income (as defined in Health and Safety Code Section 50093) at a purchase price that will not cause the purchaser’s monthly housing cost to exceed affordable housing cost (as defined in Health and Safety Code Section 50052.5). Affordable units that are “for-sale” housing units shall be restricted to ownership by persons and families of low income for at least forty-five (45) years after the issuance of a certificate of occupancy for the new residential development. A restricted covenant shall be recorded with the County and shall run with the land for the term of forty-five (45) years to qualify for the exemption. 502 13 4.0 DETAILED METHODOLOGY FOR NON-RESIDENTIAL LAND USE TYPES The following defines each of the non-residential land use types and the trip generation rates for calculating the TUMF for each. Additions of less than 1,000 square feet to non-residential development will not be subject to imposition of the TUMF. 4.1 Industrial Industrial land-uses include all light manufacturing, industrial parks, warehousing, mini-warehousing, greenhouses and utilities. The TUMF obligation for this category will be calculated using the ITE Manual Trip Generation rate of 4.96 on a per 1,000SF basis. For greenhouses, the square footage of the facility dedicated to growing crops will not be subject to the TUMF obligation. 4.2 Office The office building category includes all office-related uses. This category includes, but is not limited to, general office buildings, corporate headquarters, public facilities, medical office buildings, research centers, office parks, business parks, insurance offices, trade schools and other training centers. The TUMF obligation for this category will be calculated using the ITE Manual Trip Generation rate of 9.74 on a per 1,000SF basis. 4.3 Retail The retail category includes all sales tax producing retail related uses. This category includes, but is not limited to, retail, general merchandise, specialty retail centers, discount stores, hardware/paint stores, beauty salons, supermarkets, wholesale markets, apparel stores, furniture stores, and automotive parts/supply stores. The cost per trip of $245 established in the 2018 TUMF Nexus Study is reduced by 35% to $159.25 for Retail land uses to account for linked and pass-through trips. The TUMF obligation for this category will be calculated using the ITE Manual Trip Generation rate of 37.75 on a per 1,000SF basis. The rate of 37.75 represents an average for all Retail land-use categories. 4.3.1 Fuel Dispensers (Gasoline) For calculating the TUMF obligation, all types of fuel filling stations or facilities with fuel filling positions will be considered retail use types. The methodology described as follows will be applied to determine the gross floor area for calculating the TUMF obligation for all types of gasoline fuel filling stations or facilities with fuel filling positions (for the example calculation assume a fuel filling station with 12 fuel filling positions and a building area of 3,000 square feet). The total number of fuel dispensers is equal to the maximum number of vehicles that could be supplied with fuel at the same time. 1. Multiply the total number of fuel filling positions by 1,403.8 square feet. The 1,403.8 SF number was derived from national ITE data for service stations. (i.e. for the example station it is 12 x 1,403.8 = 16,846 square feet) 2. Determine the total floor area of buildings on the site noting that the canopy area is not included as part of the gross floor area of the buildings on the site. (i.e. for the example station it is 3,000 square feet) 503 14 3. Compare the results for steps 1 and 2 and use the greater of the two values as the gross floor area to calculate the TUMF obligation calculations. (i.e. 16,846 > 3,000; for the example station TUMF would be calculated for 16,846 square feet) TUMF Obligation for example = 16,846/1,000 x 37.75 x $159.25 = $101,273 4.3.2 Electric Vehicle Supply Equipment Charging Stations For calculating the TUMF obligation, stand-alone businesses with the primary purpose of providing publicly accessible Electric Vehicle Supply Equipment (EVSE) are designated as EVSE charging stations and will be considered retail use types. The methodology described as follows will be applied to determine the gross floor area for calculating the TUMF obligation for all types of EVSE charging stations. Multiply the total number of EVSE charging units by 14.9 SF. The 14.9 SF number was derived from national data for Electric Vehicle Supply stations (The EV Project). The total number of EVSE charging units is equal to the maximum number of vehicles that could be connected for charging at the same time. EVSE located within a residential or non-residential use type, where the residential or non-residential use is the primary use of the site, and the EVSE is for the sole and exclusive use of residents, employees and/or customers of the same premises, are ancillary to the primary residential or non-residential use of the site. There is no additional TUMF obligation for EVSE located within a residential or nonresidential use type for the sole and exclusive use of residents, employees and/or customers of the same premises. 4.4 Multiple Land Uses on Same Development For determining the TUMF obligation, developments with multiple land uses on the same project are split into separate categories (retail, industrial, office). TUMF obligation for these projects will be calculated based on the separate gross floor areas of all uses associated with the project, calculated at their respective rates. For example, an automobile dealership TUMF obligations would be calculated based upon vehicle sales floor area (retail), auto service bay areas (industrial) and administrative offices (office). The TUMF will be paid at their respective rates. 4.5. Golf Courses For calculating the TUMF obligation, all public and private golf courses are considered to be their own land use type. The methodology will be applied to determine the acreage area and other buildings (i.e., clubhouse, pro shop, restaurants, office) for calculating the fee obligation for all public and private golf courses. The TUMF obligation for this category will be calculated using the ITE Manual Trip Generation rate of 3.74 on a per acre basis for the golf course, and the applicable ITE Manual Trip Generation rate for additional land uses incorporated into the development, similar to Section 5.4 for multiple land uses on the same development. 4.6 Hotel A hotel is a place of lodging that provides sleeping accommodations and supporting facilities such as restaurants, cocktail lounges, meeting and banquet rooms or convention facilities, limited recreational facilities and/or other retail and service shops. For the sake of calculating the TUMF, all of the ancillary uses are considered as one use under the Hotel category. The Hotel land-use category includes all hotels and motels, including all-suite and resort hotels. The TUMF obligation for this category will be calculated using the ITE Manual Trip Generation rate of 14.34 on a per room basis. 504 15 5.0 Exemptions Low Income Housing is EXEMPT from paying TUMF obligations. 505 506 ATTACHMENT 2 507 508 City of La Quinta CITY COUNCIL MEETING DEPARTMENT REPORT TO: Madam Mayor and Members of the City Council FROM: City Attorney’s Office Bill Ihrke DATE: August 7, 2018 SUBJECT: PROPOSED STATE REGULATION – CANNABIS DELIVERY IN CITIES The California Bureau of Cannabis Control (Bureau) released proposed regulations, which include section 5416(d) that reads, “A delivery employee may deliver to any jurisdiction within the State of California.” The League of California Cities (League), among other organizations, raised the concern this language may have a preemptive effect over local regulatory control of cannabis or cannabis products (collectively “cannabis”) within a city’s jurisdictions. The League also raised objection to proposed regulation sections 5001(c)(11) and 5002(c)(28), which would reduce from 60 to 10 days the period to verify if a licensee has obtained necessary local approvals. Chapters 5.90 and 5.91, among other provisions, of the La Quinta Municipal Code currently limit cannabis delivery within the City for medical purposes. After several meetings of the Ad Hoc Cannabis Committee, the City Council adopted a recommended ordinance with detailed licensing and operational requirements for delivery of medical cannabis within the City. The City Attorney’s Office believes the City’s current regulation of delivery, or any future regulation thereof, is consistent with state statute. Business and Professions Code section 26090(e) provides, “A local jurisdiction shall not prevent delivery of cannabis or cannabis products on public roads by a licensee acting in compliance with this division and local law as adopted under Section 26200.” Business and Professions Code section 26200 provides in part, “This division [Division 10 re: Cannabis] shall not be interpreted to supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances to regulate businesses licensed under this division....” A regulation that alters or amends statute, or enlarges or impairs the statute’s scope, is void. (California Assn. of Psychology Providers v. Rank (Cal. 1990) 51 Cal. 3d 1, 7.) There is the argument proposed section 5416(d), if adopted by DEPARTMENT REPORT ITEM NO. 2 509 the Bureau, impairs the statute’s scope that expressly allows local regulation of cannabis delivery. The proposed regulations, however, have not yet been adopted, and the comment period closes August 27, 2018. The City Attorney’s Office seeks direction from the Council whether it would like to submit comments to the Bureau in opposition to proposed section 5416(d), to the extent it has a preemptive effect over the City’s local regulations governing delivery of cannabis, and/or proposed sections 5001(c)(11) and 5002(c)(28). A template comment letter, prepared by the League, is attached. Attachment: Template Comment Letter 510 ***CITY LETTERHEAD*** DATE Lori Ajax, Chief Bureau of Cannabis Control P.O. Box 419106 Rancho Cordova, CA 95741 Submitted via Email: bcc.comments@dca.ca.gov RE: Bureau of Cannabis Control Proposed Regulations – July 2018 Dear Chief Ajax: The City/Town of _______ appreciates the opportunity to comment on the proposed regulations released in July 2018, which seek to codify the emergency regulations implemented in December 2017. The City/Town of _______ strongly objects to two proposed changes that we view are in fundamental conflict with both the language and intent of Proposition 64 and will undermine our city’s ability to effectively regulate cannabis at the local level: Section 5416(d), would drastically preempt local control and regulatory authority by authorizing cannabis delivery anywhere in the state regardless of conflicting local regulations or bans, and Sections 5001(c) (11) and 5002(c) (28) would undermine the ability of local agencies to ensure community standards are met by reducing from 60 to 10 days the period to verify if a licensee has obtained necessary local approvals. The City/Town of _______ believes the two proposed regulations go beyond the BCC’s regulatory authority and instead create a new cannabis policy outside of the legislative process. California’s voters were assured that “64 preserves local control”1 and these regulations chip away at the very foundation of local control by allowing cannabis deliveries to every jurisdiction in California. [INSERT INFORMATION ABOUT WHY YOUR CITY SPECIFICALLY DOES NOT WANT TO ALLOW FOR FORCED CANNABIS DELEIVERIES, AND ANY CONCERNS WITH REDUCING THE LOCAL REVIEW PREIOD TO 10 DAYS.] For these reasons, the City/Town of _______ respectfully opposes these regulations until such time as they are amended to address the concerns listed above. We look forward to continued opportunities to comment on specific regulatory proposals. Sincerely, NAME TITLE CITY/TOWN of ______________ cc: Your League Regional Public Affairs Manager (via email) Meg Desmond, League of California Cities, cityletters@cacities.org 1 (Ballot Pamp., General Elec. (November 8, 2016) rebuttal to Argument against Prop. 64, p. 99.) ATTACHMENT 1 511 512 City of La Quinta CITY COUNCIL MEETING DEPARTMENT REPORT TO: Madam Mayor and Members of the City Council FROM: Carlos Flores, Associate Planner DATE: August 7, 2018 SUBJECT: 2020 U.S. CENSUS INCENTIVE FUND AWARD The United States (U.S.) Census Bureau (Bureau) conducts a decennial census to determine the number of people living in the United States and the number of seats each state will have in the U.S. House of Representatives. The Local Update of Census Addresses Program (LUCA) is intended to improve Census response rates by providing local governments an opportunity to review the residential mailing addresses that the Bureau will use before they conduct the 2020 Census. Participation in LUCA is important to identify errors in the address lists and improve the count of California residents. The 2017-2018 California Governor’s Budget established an incentive fund to encourage cities to participate in LUCA and help mitigate some of the participation costs. The City has received $15,000 from the State Department of Finance because of the City’s completion of LUCA. DEPARTMENT REPORT ITEM NO. 5-A 513 514 D E S I G N A N D D E V E L O P M E N T D E P A R T M E N T R E P O R T - J U N E 2 0 1 8 J U N E 2 0 1 8 R E P O R T T H E D E S I G N A N D D E V E L O P M E N T D E P A R T M E N T R E P R E S E N T S O N E O F S I X C I T Y D E P A R T M E N T S , A N D C O N S I S T S O F S I X D I V I S I O N S : T H E H U B , P L A N N I N G , B U I L D I N G , P U B L I C W O R K S D E V E L O P M E N T , E N G I N E E R I N G S E R V I C E S , A N D A D M I N I S T R A T I O N . Design and Development Department the HUB The Hub serves as a one-stop shop for La Quinta patrons. It is the central location for obtaining permits for planning, building, engineering, garage sales, and special events. The Hub assists customers through the permitting process from initial questions and pre-application meetings through inspections and final certificate of occupancy. Below are some June 2018 metrics: CUSTOMER SATISFACTION Permit and Project Fees Collected $402,613 $1,236,326 STVRP Permits 51 295 8161,519 55 318 Business Licenses Phone Calls Received Total Customers Served Total Issued Permits Total E-TRAKiT Permits TOT Collected In June 2016, The Hub launched a survey to measure the satisfaction of its customers. The survey uses a one to five star rating system, with “Five Stars” being excellent. The Hub Customer Satisfaction survey results for the month of June 2018 were stellar! 0 25 50 75 100 Wait TimeHelpfulnessQualityDEPARTMENT REPORT ITEM NO. 5-B DEPARTMENT REPORT ITEM NO. 5-B515 D E S I G N A N D D E V E L O P M E N T D E P A R T M E N T R E P O R T - J U N E 2 0 1 8 J U N E 2 0 1 8 R E P O R T Design and Development Department PLANNING ACTIVITY BUILDING The Building Division administers all building permit applications and plans for compliance with requirements established in the entitlement process, La Quinta Municipal Code, and all currently applicable California Building Standards Codes. Includes sign applications, temporary use permits, minor use permits, final landscaping plans, etc. Planning Permits 2018 2017 June Year Year to Date 1,288 7,266 887 4,670 2018 2017 June Year Year to Date 4 28 10 37 Building Permits Issued 20172018 21 847 143193 28 1,129 Year June June E-TRAKiT Year to Date 20172018 168 24 894 205 37 1,230 Year June June E-TRAKiT Year to Date Building Permits Submitted Building Inspections Building Permits Submitted Submitted Applications Building Permits Issued The Planning Division works with residential and commercial property/business owners and developers to ensure development in the City is constructed consistent with the City’s goals and policies. 516 D E S I G N A N D D E V E L O P M E N T D E P A R T M E N T R E P O R T - J U N E 2 0 1 8 J U N E 2 0 1 8 R E P O R T Design and Development Department TRAFFIC & CIP SHORT-TERM VACATION RENTAL THE PROGRAM The Short Term Vacation Rental Program, Vacation LQ, continues to grow, as new properties register each month. During the month of June 2018, the following permits were issued and TOT collected: The Development Division provides engineering assistance with a variety of permits. During the month of June 2018, the following number of permits and applications were processed: The Engineering Services Division provides engineering design and construction oversight and traffic support on a variety of infrastructure projects that help keep La Quinta safe and beautiful. Highlighted below are some activities for June 2018: ENGINEERING SERVICES PUBLIC WORKS DEVELOPMENT CIP PROJECTS IN PROGRESS TRAFFIC HSIP Intersection Improvements project is out for bid with bids due by 10:00 am on Thursday, August 30, 2018. The contractor for the La Quinta High School ADA Improvements project is grading for the sidewalk up to Wakefield Circle. A contract for the Fiscal Year 2017-2018 Pavement Management Plan - Zone 2 - Slurry Seal and Striping Improvements project has been awarded to American Asphalt South, Inc. On-site construction continues at private development projects including Washington Street Apartments, Andalusia, Griffin Ranch, Monterra, Codorniz, and The Citrus. 89 requests for service were recorded in City’s GORequest system in June 2018, including: · Operational checks of crosswalks, warning beacons, and flashing stop signs· Repair of safety and street sign lighting· Light fixtures throughout the City STVRP TOT Collected Permits Issued in June 2017 2016Year January $109,867.25 $75,323.58 Currently Active Permits 87 1,070April$405,334.02 $221,904.07 2017Year 2016 20172018Year June Year to Date 6 71 9 43 20172018Year June Year to Date 16 23 158172 STVRP Permits Project Reviews Completed Permits Issued STVRP TOT Collected Year June 2018 2017 $595,149 $417,549 $2,676,654 $2,380,914 Year to Date 517 518 FINANCIAL ADVISORY COMMISSION MINUTES WEDNESDAY, JUNE 13, 2018 CALL TO ORDER A regular quarterly meeting of the La Quinta Financial Advisory Commission was called to order at 3:00 p.m. by Chairperson Batavick. PRESENT: Commissioners Johnson, Lopez, Mills, Rosen, Turbow, Twohey, and Chairperson Batavick ABSENT:None PLEDGE OF ALLEGIANCE Commissioner Lopez led the audience in the pledge of allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None CONFIRMATION OF AGENDA – Confirmed ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS 1. FIRST EMPIRE SECURITIES Financial Service Analyst Hallick introduced Matthew D’Avanzo, Broker of First Empire Securities, who presented the City’s current investment portfolio analysis. CONSENT CALENDAR ITEMS 1. APPROVE FINANCIAL ADVISORY COMMISSION MINUTES DATED MAY 9, 2018 Commissioner Mills said the vote for the motion for Business Session Item No. 1, page No. 2, should reflect “noes” votes for Commissioners Mills and Rosen, and not Twohey and Rosen. Motion – A motion was made and seconded by Commissioners Johnson/Lopez to approve Consent Calendar Item No. 1, as amended. Motion passed unanimously. 2. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORTS DATED MARCH 31, 2018 Motion – A motion was made and seconded by Commissioners Johnson/Lopez to receive and file Consent Calendar Item No. 2, as recommended. Motion passed unanimously. REPORTS AND INFORMATIONAL ITEM NO. 30 519 STUDY SESSION – None BUSINESS SESSION 1.APPROVE SILVERROCK EVENT SITE – PHASE 1 ENHANCED PLAN Community Resources Director Escobedo, Facilities Director Howlett, and City Consultant Chris Hermann, President/CEO of Hermann Design Group, presented the staff report, which is on file in the Finance Department. Commission discussion followed on the event site parking; site size and infrastructure development; estimated annual operating cost; site design, including turf acreage and water features; comparison analysis of the event site to other jurisdictions’ event sites; presenting the project to all City Commissions for comments; possible use of Measure G funds and other potential funding sources; naming the site; Commission’s desire to obtain additional information from staff regarding site annual operating costs, accommodations, design, and preparing a letter of support and Commission recommendations for Council’s consideration; use of development impact fees to fund the project; and upcoming SilverRock Event Site Ad-hoc Committee meeting. The Commission directed staff to schedule a meeting between staff, representatives of Hermann Design Group, Commissioners Mills and Rosen, and Chairperson Batavick to prepare a letter of support, including additional Commission recommendations, on behalf of the Commission recommending Council approval of the SilverRock Event Site – Phase 1 Enhanced Plan. Motion – A motion was made and seconded by Commissioners Johnson/Lopez authorizing Commissioners Mills and Rosen, and Chairperson Batavick, to prepare a letter of support outlining the Commission’s comments and recommending Council approval of the SilverRock Event Site – Phase 1 Enhanced Plan. Motion passed unanimously. 2.REVIEW AND RECOMMEND FINAL PROPOSED BUDGET FOR FISCAL YEAR 2018/19 Finance Director Campos and Financial Services Analyst Hallick presented the staff report, which is on file in the Finance Department. Commission discussion followed on General Fund revenue projections; Measure G funds balance; pending internal funding requests; and initial reserve funding allocations. Motion – A motion was made and seconded by Commissioners Johnson/Mills to recommend Council approval of the final proposed budget for fiscal year 2018/19. Motion passed unanimously. 520 3.REVIEW CAPITAL ASSET POLICY AND RECOMMEND APPROVAL BY CITY COUNCIL Finance Senior Accountant Martinez presented the staff report, which is on file in the Finance Department. The Commission discussed surplus process and disposal requirements and Governmental Accounting Standards Board regulations for capital leases. COMMISSIONER ROSEN LEFT THE DIAS AT 5:08 P.M. Motion – A motion was made and seconded by Commissioners Lopez/Mills to recommend Council approval of the Capital Asset Policy. Motion passed: ayes 6, absent 1 (Commissioner Rosen). 4.DISCUSS AND PROVIDE DIRECTION TO STAFF REGARDING PARTICIPATION IN THE CALIFORNIA ASSET MANAGEMENT PROGRAM Financial Services Analyst Hallick presented the staff report, which is on file in the Finance Department. The Commission discussed fees and basis points for the program; funds accepted and requirements for the California Asset Management Program. Motion – A motion was made and seconded by Commissioners Johnson/Lopez recommending Council approval of City’s participation in the California Asset Management Program. Motion passed: ayes 6, absent 1 (Commissioner Rosen) COMMISSIONER ROSEN RETURNED TO THE DIAS AT 5:20P.M. DEPARTMENTAL REPORTS All departmental reports are on file in the Finance Department. 1.FOURTH QUARTER 2017 (OCTOBER – DECEMBER) SALES TAX UPDATE FOR THE CITY OF LA QUNTA 2.REQUEST FOR PROPOSAL UPDATE FOR BANKING SERVICES CORRESPONDENCE AND WRITTEN MATERIAL – None COMMISSIONERS’ ITEMS – None 521 ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Johnson/Lopez to adjourn this meeting at 5:33 p.m. Motion passed unanimously. Respectfully submitted, Jessica Delgado, Management Assistant City of La Quinta, California Digitally signed by Jessica Delgado DN: cn=Jessica Delgado, o=City of La Quinta, ou=Finance Dept, email=jdelgado@la-quinta.org, c=US Date: 2018.07.24 11:05:01 -07'00' 522 HAND OUTS CITY COUNCIL MEETING AUGUST 7, 2018 COUNCIL MEETING – AUGUST 7, 2018 – HANDOUT BY CITY ATTORNEY IHRKE CONSENT CALENDAR ITEM NO. 15 WAS PULLED AND MOVED TO BUSINESS SESSION ITEM NO. 2 RE: AGREEMENTS FOR CONTRACT SERVICES WITH HR GREEN PACIFIC, INTERWEST CONSULTING, AND ESGIL CORPORATION FOR ON-CALL BUILDING CODE PLAN REVIEW & INSPECTION SERVICES City Council Regular Meeting, Aug. 7, 2018 Consent Calendar Agenda Item #15 Proposed additional revisions to Agreements for Contract Services with HR Green Pacific, Interwest Consulting, and Esgil Corporation for On‐Call Building Code Plan Review and Inspection Services. Proposed additional revisions discussed by Management Analyst and City Attorney. For each agreement, proposed revisions are as follows: Section 2.1 Contract Sum. Add the following sentence after the first sentence, to read: “Contractor expressly acknowledges and agrees that the Contract Sum in this Agreement is the annual aggregate total amount covering this Agreement, that certain Agreement for Contract Services by and between the City and ____________ [insert one other “Contractor” from one of other agreements], and that certain Agreement for Contract Services by and between the City and __________ [insert second other “Contractor” from one of other agreements], of or about even date as this Agreement, such that the Contract Sum as defined herein is the maximum amount available for services provided under all three agreements.” Remainder of Section 2.1 remains the same. Section 2.2 Method of Billing & Payment. Revise the first sentence, to read: “Only after City requests Services to be performed by Contracting Party pursuant to the Scope of Services and this Agreement in general, for any month in which Contracting Party seeks to receive payment after being authorized by City to perform such Services, Contracting Party shall submit to City no later than the tenth (10th) working day of such month, in the form approved by the City’s Finance Director, an invoice for such Services rendered prior to the date of the invoice.” Remainder of Section 2.2 remains the same. Exhibit B. Schedule of Compensation. On page 1, strike the second sentence, and revise that sentence, to read: COUNCIL MEETING – AUGUST 7, 2018 – HANDOUT BY CITY ATTORNEY IHRKE CONSENT CALENDAR ITEM NO. 15 WAS PULLED AND MOVED TO BUSINESS SESSION ITEM NO. 2 RE: AGREEMENTS FOR CONTRACT SERVICES WITH HR GREEN PACIFIC, INTERWEST CONSULTING, AND ESGIL CORPORATION FOR ON-CALL BUILDING CODE PLAN REVIEW & INSPECTION SERVICES “Contractor expressly acknowledges and agrees that the Contract Sum in this Agreement is the annual aggregate total amount covering this Agreement, that certain Agreement for Contract Services by and between the City and ____________ [insert one other “Contractor” from one of other agreements], and that certain Agreement for Contract Services by and between the City and __________ [insert second other “Contractor” from one of other agreements], of or about even date as this Agreement, such that the Contract Sum as defined herein is the maximum amount available for services provided under all three agreements. The Contract Sum may be paid to Contracting Party in an amount identified in Contracting Party’s schedule of compensation attached hereto for work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement.” Remainder of Exhibit B remains the same * * * August 7th, 2018 Mayor Linda Evans La Quinta City Council 78495 Calle Tampico La Quinta, CA 92253 Re: City of La Quinta User and Regulatory Fee Schedule Increases Dear Mayor Evans, Thank you for the continued opportunity to comment and work with City staff on the 2018 User Fee and Regulatory Schedule Update for La Quinta. The BIA appreciates our partnership with the City Council, and the efforts of staff to address our concerns throughout this process. The validation of such fee studie s is one of the most tangible ways in which the BIA operates in partnership with the City of La Quinta. A well -reviewed and industry validated study not only helps alleviate the concerns of builders in the area, but serves to further shield the city from future liability from disgruntled parties. The BIA agrees with the City’s decision to revise the Fee Schedule using the all-urban consumers CPI for the West Area with Population Under 2.5 Million instead of the originally proposed CPI for the Los Angeles, Long Beach and Anaheim region. This change better reflects the demographics and economic landscape of the Coachella Valley as a whole and the City of La Quinta specifically. In the current housing crisis, even minor changes made to the fees paid by builde rs can have a negative effect on their ability to meet housing demand. The Building Industry is always ready to pay its fair share to mitigate impacts created by new development, but takes seriously the impacts of increased fees. The increased fees are felt beyond the industry, among the builders and subcontractors who live and work in La Quinta and among the future residents trying to find homes. As always, the BIA appreciates the working relationship between the City of La Quinta and the members of the Building Industry. Thank you, David Dazlich Deputy Director of Governmental Affairs cc La Quinta City Council COUNCIL MEETING - AUGUST 7, 2018 - HAND-OUT BY BIA PUBLIC HEARING ITEM NO. 1 RE: 2018 USER & REGULATORY FEE SCHEDULE UPDATE COUNCIL MEETING - AUGUST 7, 2018 - HANDOUT BY DESERT VALLEYS BUILDING ASSOC. PUBLIC HEARING ITEM NO. 1 - FEES UPDATE COUNCIL MEETING - AUGUST 7, 2018 - HANDOUT BY DESERT VALLEYS BUILDING ASSOC. PUBLIC HEARING ITEM NO. 1 - FEES UPDATE POWER POINTS CITY COUNCIL MEETING AUGUST 7, 2018 8/9/2018 1 City Council Meeting August 7, 2018 City Council Meeting August 7, 2018 B1 - Approve SilverRock Event Site Master Plan and Site Development Permit 8/9/2018 2 PRESENTED BY: If you build it, they will come. WHO WILL THIS SERVE 8/9/2018 3 •Families •Students •Festivals •Artists •Musicians •Speakers •Visitors •People Watchers WHO WILL THIS SERVE ARRIVAL EXPERIENCE 8/9/2018 4 Arrival – materials / textures ARRIVAL - INTERACTION 8/9/2018 5 EXISTING SITE case study – CIVIC CENTER park •310,000 SF - Includes: Lawn, Planter Space and Walkways •24,500 SF - Water Feature •3,100 LF - Walkways 8/9/2018 6 CONCEPTUAL PLAN SENSE OF SCALE 8/9/2018 7 ENHANCED PLAN •Art Walk •Butterfly Garden •Water Feature •Rolling grass and open space •Parking Lot and Park Lighting •Event Building with Restrooms •New Pump/Filter/Canal Water Conversion •Event lawn with 18” Concrete Platform •Parking/Entry Drive Vehicular Drop Off Area – Pavers •Walkways •Trees •Desert Landscape •Sleeving and Pull Boxes for Future Needs AMENITIES 8/9/2018 8 ART WALK ART WALK - EXPERIENCE 8/9/2018 9 ART WALK - EXPERIENCE Art walk – kinetic sculptures 8/9/2018 10 Art walk – interactive led Art walk – playful landforms 8/9/2018 11 Event lawn – opportunities Event lawn – opportunities 8/9/2018 12 Event lawn – opportunities EVENT BUILDING 8/9/2018 13 AMENITIES Amenities –water feature 8/9/2018 14 Amenities –water feature