2019 07 02 Council
CITY COUNCIL AGENDA 1 JULY 2, 2019
CITY COUNCIL
AGENDA
CITY HALL COUNCIL CHAMBER
78495 Calle Tampico, La Quinta
REGULAR MEETING ON TUESDAY, JULY 2, 2019
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 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 values 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. PUBLIC EMPLOYEE DISCIPLINE / DISMISSAL / RELEASE PURSUANT TO
GOVERNMENT CODE SECTION 54957
2. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT
CODE SECTION 54957.6; CITY DESIGNATED REPRESENTATIVE: CHRIS
ESCOBEDO, COMMUNITY RESOURCES DIRECTOR; AND EMPLOYEE
ORGANIZATION: LA QUINTA CITY EMPLOYEES ASSOCIATION
3. Continued from June 18, 2019 Council meeting >>> ANNUAL
PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE
SECTION 54957, COUNCIL APPOINTED POSITION – CITY ATTORNEY
City Council agendas and staff reports
are available on the City’s
web page: www.LaQuintaCA.gov
CITY COUNCIL AGENDA 2 JULY 2, 2019
RECESS TO CLOSED SESSION
RECONVENE AT 4:00 P.M.
REPORT ON ACTIONS(S) TAKEN IN CLOSED SESSION
PLEDGE OF ALLEGIANCE
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
At this time, members of the public may address the City Council 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 values 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. COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT WEST
NILE RESPONSE AND PROGRAM UPDATE – PRESENTATION BY
LABORATORY MANAGER JENNIFER HENKE
2. INTRODUCE GARRETT BEHRENS, RIVERSIDE COUNTY DISTRICT
ATTORNEY’S OFFICE LIAISON FOR COMMUNITY ACTION TEAMS (CAT)
PROGRAM
CONSENT CALENDAR
NOTE: Consent Calendar items are routine in nature and can be approved by one
motion.
PAGE
1. APPROVE SPECIAL JOINT CITY COUNCIL AND PLANNING COMMISSION
MEETING MINUTES OF JUNE 11, 2019
7
2. APPROVE JOINT CITY COUNCIL AND HOUSING AUTHORITY MEETING
MINUTES OF JUNE 18, 2019
11
3. AUTHORIZE OVERNIGHT TRAVEL FOR SENIOR AND JUNIOR
ACCOUNTANTS TO ATTEND THE CALPERS EDUCATIONAL FORUM IN
OAKLAND, CALIFORNIA, OCTOBER 27-30, 2019
29
4. AUTHORIZE OVERNIGHT TRAVEL FOR DEPUTY CITY CLERK AND
MANAGEMENT ASSISTANT TO ATTEND CITY CLERKS’ ASSOCIATION OF
CALIFORNIA TECHNICAL TRAINING FOR CLERKS SERIES 200 IN
RIVERSIDE, CALIFORNIA, SEPTEMBER 10-13, 2019
31
CITY COUNCIL AGENDA 3 JULY 2, 2019
5. AUTHORIZE OVERNIGHT TRAVEL FOR DESIGN AND DEVELOPMENT
DIRECTOR, PLANNING MANAGER, AND SENIOR PLANNER TO ATTEND
AMERICAN PLANNING ASSOCIATION CALIFORNIA CHAPTER’S ANNUAL
CONFERENCE IN SANTA BARBARA, CALIFORNIA, SEPTEMBER 15-18,
2019
33
6. APPROVE DEMAND REGISTERS DATED JUNE 14 AND 21, 2019
35
7. ADOPT RESOLUTION TO AMEND THE CITY’S RECORDS RETENTION
SCHEDULE [RESOLUTION NO. 2019 - 025]
53
8. APPROVE CONTRACT SERVICES AGREEMENTS WITH NV5, INC AND THE
ALTUM GROUP FOR ON-CALL CONSTRUCTION SURVEYING SERVICES
101
9. APPROVE CONTRACT SERVICES AGREEMENTS WITH HR GREEN
PACIFIC AND WILLDAN ENGINEERING FOR ON-CALL PUBLIC WORKS
DEVELOPMENT PLAN CHECK SERVICES
177
10. APPROVE CONTRACT SERVICES AGREEMENTS WITH EARTH SYSTEMS,
INC. AND CONVERSE CONSULTANTS FOR ON-CALL MATERIALS
TESTING SERVICES
255
11. REAFFIRM LEASES AND APPROVE ANNUAL PRINTING COSTS
ASSOCIATED WITH COPIER LEASES
341
BUSINESS SESSION
PAGE
1. APPROVE MEMORANDUM OF UNDERSTANDING WITH GREATER
COACHELLA VALLEY CHAMBER OF COMMERCE
365
2. APPROVE CONTRACT SERVICES AGREEMENT WITH JNS NEXT FOR
DIGITAL MARKETING AND PUBLIC RELATIONS SERVICES
377
3. APPROVE CONTRACT SERVICES AGREEMENT WITH ACORN
TECHNOLOGY FOR INFORMATION TECHNOLOGY SERVICES
413
4. ADOPT RESOLUTIONS TO APPROVE PERSONNEL POLICIES FOR
ELECTED AND APPOINTED OFFICIALS [RESOLUTION NO. 2019-026 & 2019-
027]
455
5 APPROVE CANCELLING THE REGULAR CITY COUNCIL MEETINGS OF
REDUCTION OF AUGUST 20 AND SEPTEMBER 3, 2019
487
CITY COUNCIL AGENDA 4 JULY 2, 2019
STUDY SESSION
PAGE
1. DISCUSS FUTURE ART EVENTS IN LA QUINTA 489
PUBLIC HEARINGS – NONE
DEPARTMENTAL REPORTS
1. CITY MANAGER
2. CITY ATTORNEY
3. CITY CLERK
4. COMMUNITY RESOURCES
5. DESIGN AND DEVELOPMENT
6. FACILITIES
7. FINANCE
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 & Peña)
12. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (Fitzpatrick)
13. SILVERROCK EVENT SITE AD HOC COMMITTEE (Fitzpatrick)
14. CANNABIS AD HOC COMMITTEE (Peña and Sanchez)
15. CVAG PUBLIC SAFETY COMMITTEE (Peña)
16. EAST VALLEY COALITION (Peña)
17. CVAG VALLEY-WIDE HOMELESSNESS COMMITTEE (Peña)
18. LEAGUE OF CALIFORNIA CITIES – PUBLIC SAFETY POLICY COMMITTEE (Peña)
19. CHAMBER OF COMMERCE INFO EXCHANGE COMMITTEE (Peña)
20. CVAG TRANSPORTATION COMMITTEE (Radi)
21. SUNLINE TRANSIT AGENCY (Radi)
22. CITYWIDE SECURITY CAMERAS AD HOC COMMITTEE (Radi)
23. DESERT SANDS UNIFIED SCHOOL DISTRICT COMMITTEE (Radi and Sanchez)
CITY COUNCIL AGENDA 5 JULY 2, 2019
24. ANIMAL CAMPUS COMMISSION (Sanchez)
25. COACHELLA VALLEY ECONOMIC PARTNERSHIP (Sanchez)
26. LEAGUE OF CALIFORNIA CITIES – GOVERNANCE, TRANSPARENCY AND
LABOR POLICY COMMITTEE (Sanchez)
27. RIVERSIDE LOCAL AGENCY FORMATION COMMISSION (Sanchez)
ADJOURNMENT
*********************************
The next regular meeting of the City Council will be held on July 16, 2019 at
4:00 p.m. at the City Hall Council Chambers, 78495 Calle Tampico, La Quinta,
CA 92253.
DECLARATION OF POSTING
I, Monika Radeva, 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 June 28, 2019.
DATED: June 28, 2019
MONIKA RADEVA, 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.
CITY COUNCIL AGENDA 6 JULY 2, 2019
CITY COUNCIL & PLANNING COMMISSION MINUTES
SPECIAL JOINT MEETING Page 1 of 3 JUNE 11, 2019
SPECIAL JOINT CITY COUNCIL
AND PLANNING COMMISSION
MINUTES
TUESDAY, JUNE 11, 2019
CALL TO ORDER – City Council and Planning Commission
A Special Joint Meeting of the La Quinta City Council and La Quinta Planning
Commission was called to order at 5:00 p.m. by Mayor Evans.
PRESENT: Councilmembers Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans
ABSENT: None
PRESENT: Commissioners Bettencourt, Caldwell, Currie, Proctor, Quill, Wright,
and Chairperson McCune
ABSENT: None
PLEDGE OF ALLEGIANCE
Planning Chairperson McCune led the audience in the Pledge of Allegiance.
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None
CONFIRMATION OF AGENDA – Confirmed
STUDY SESSION
1. DISCUSS THE HIGHWAY 111 CORRIDOR AREA PLAN PROGRESS
Design and Development Director Castro presented the staff report, which is
on file in the Clerk’s office.
PLANNING COMMISSIONER CURRIE JOINED THE SPECIAL MEETING AT
5:07 P.M.
City Consultant Kaizer Rangwala with Rangwala and Associates, gave an
update of the community outreach and survey results with regards to the
Highway 111 Corridor (Corridor) Area Plan (Plan); including reducing the size
of vehicle lanes along the Corridor; introducing mixed-use developments,
pedestrian and bicycle paths; utilizing existing parking areas to hold special
events; connectivity with CV Link; reducing parking areas to bring businesses
CONSENT CALENDAR ITEM NO. 1
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CITY COUNCIL & PLANNING COMMISSION MINUTES
SPECIAL JOINT MEETING Page 2 of 3 JUNE 11, 2019
closer together and encourage more pedestrian and alternative
transportation.
General joint discussion followed regarding ensuring the size of vehicle lanes
along the Corridor is in compliance with state and CEQA regulations; potential
alternative uses of existing parking areas, such as special events; parking
requirements citywide were reduced in 2016 through the Development Code
Tune-Up; parking requirements for the commercial centers along the Corridor
are based on the existing Specific Plans; business owners’ ability and
willingness to amend the Specific Plans to reduce parking and the distance
between businesses and create a more pedestrian-friendly atmosphere;
connectivity with CV Link; La Quinta’s efforts for boundary adjustment of the
parcel behind Point Happy shopping center.
PUBLIC SPEAKER: Steve Cherry, La Quinta – expressed concerns regarding
the use of parking lots for special events, and potential parking issues when
accessing nearby businesses.
PUBLIC SPEAKER: Unknown – inquired about the width of the Corridor, and
size of vehicle and bicycle lanes.
PUBLIC SPEAKER: Christine Tinsley, Desert Bicycle Club Outreach Director,
Palm Desert – explained that shoulder lanes are not bicycle lanes; there are
no designated bicycle lanes along the Corridor, and riding bikes on sidewalks
is not allowed.
Additional joint discussion followed regarding the Plan proposing to shorten
the width of vehicle lanes along the Corridor and add a protected
pedestrian/bicycle path off the street.
PUBLIC SPEAKER: Stephen Nieto, La Quinta – inquired if parallel parking
would be allowed along Highway 111.
PUBLIC SPEAKER: Dale Tyreman, La Quinta – inquired about the Plan for the
entire Corridor.
General joint discussion followed regarding potential traffic congestions;
parallel parking along the Corridor would not be allowed; improving visibility
of the current businesses; and pedestrian overpasses.
PUBLIC SPEAKER: John Schmid, Pacific Coast Commercial President, Irvine CA
– spoke about pedestrian connectivity between Corridor centers and the need
to adjust to changing consumer demands.
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CITY COUNCIL & PLANNING COMMISSION MINUTES
SPECIAL JOINT MEETING Page 3 of 3 JUNE 11, 2019
COUNCIL AND COMMISSION MEMBERS’ ITEMS – None
ADJOURNMENT
There being no further business, a motion was made and seconded by
Councilmembers Radi/Fitzpatrick to adjourn at 6:30 p.m. Motion passed
unanimously.
Respectfully submitted,
NICHOLE ROMANE, Deputy City Clerk
City of La Quinta, California
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SPECIAL HOUSING AUTHORITY MEETING MINUTES
JOINT MEETING OF THE
CITY COUNCIL
AND HOUSING AUTHORITY
MINUTES
TUESDAY, JUNE 18, 2019
CALL TO ORDER – CITY COUNCIL
A regular meeting of the La Quinta City Council was called to order at 3:00 p.m.
by Mayor Evans.
PRESENT: Councilmembers Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans
ABSENT: None
CALL TO ORDER – HOUSING AUTHORITY
A special meeting of the La Quinta Housing Authority was called to order at 3:00
p.m. by Authority Member Evans.
PRESENT: Authority Members Evans, Fitzpatrick, Radi, Sanchez, Chairperson
Peña
ABSENT: None
VERBAL ANNOUNCEMENT – AB 23 was made by the Authority Secretary
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – CITY COUNCIL
AND HOUSING AUTHORITY – None
CONFIRMATION OF AGENDA – CITY COUNCIL
City Clerk Radeva said Mr. William Jones, President of the Citrus Homeowners
Association, has requested to give a presentation regarding the Calle Tecate /
Park Avenue Intersection under Announcements, Presentations, and Written
Communications section of the agenda.
Councilmember Sanchez requested to comment on Consent Calendar Item Nos.
5, 9, and 11.
Councilmember Fitzpatrick requested to comment on Consent Calendar Item No.
8.
11
CONSENT CALENDAR ITEM NO. 2
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Mayor Evans requested to comment on Consent Calendar Item No. 6, pull
Consent Calendar Item No. 8 for separate vote, and move Consent Calendar
Item No. 11 to Business Session Item No. 8.
Council concurred.
CONFIRMATION OF AGENDA – HOUSING AUTHORITY – Confirmed
CLOSED SESSION
1. PUBLIC EMPLOYEE DISCIPLINE / DISMISSAL / RELEASE
PURSUANT TO GOVERNMENT CODE SECTION 54957
2. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6; CITY DESIGNATED
REPRESENTATIVE: CHRIS ESCOBEDO, COMMUNITY RESOURCES
DIRECTOR; AND EMPLOYEE ORGANIZATION: LA QUINTA CITY
EMPLOYEES ASSOCIATION
3. ANNUAL PERFORMANCE EVALUATION PURSUANT TO
GOVERNMENT CODE SECTION 54957, COUNCIL APPOINTED
POSITION – CITY ATTORNEY
4. ANNUAL PUBLIC EMPLOYEE PERFORMANCE EVALUATION
PURSUANT TO GOVERNMENT CODE SECTION 54957, COUNCIL
APPOINTED POSITION – CITY MANAGER
COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND
MOVED INTO CLOSED SESSION AT 3:03 P.M.
MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY
COUNCIL MEETING AT 4:01 P.M. WITH ALL MEMBERS PRESENT
REPORT ON ACTION(S) TAKEN IN CLOSED SESSION:
City Attorney Ihrke reported:
Council considered only Closed Session Item No. 1 and there were no
actions taken that require reporting pursuant to Government Code Section
54957.1 (Brown Act); and
Council will consider Closed Session Item Nos. 2, 3, and 4 after the open
portion of the meeting.
HOUSING AUTHORITY CHAIRPERSON PEÑA REQUESTED MAYOR EVANS
TO ACT AS PRESIDING OFFICER FOR THE REMAINDER OF THE HOUSING
AUTHORITY MEETING
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PLEDGE OF ALLEGIANCE – CITY COUNCIL AND HOUSING AUTHORITY
Councilmember Radi led the audience in the Pledge of Allegiance.
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – CITY COUNCIL
AND HOUSING AUTHORITY
PUBLIC SPEAKER: Mr. Brad Anderson, Rancho Mirage – spoke about the poor
response of the Coachella Valley Mosquito and Vector Control District (District)
in addressing the spread of the West Nile virus in Riverside County; noted the
District is overwhelmed and unable to properly respond; and this matter can
easily be contained.
PUBLIC SPEAKER: Mr. Scott Wolf with the Coachella Valley Rescue Mission –
thanked the Council for their support and assistance; gave an update of the
services and assistance the organization has provided to the community during
2018 and 2019, including meals served, overnight shelters, and special
programs and services.
PUBLIC SPEAKER: Mr. Andy Vossler, President of Landmark Golf Management –
commended City Manager Spevacek for his service and wished him all the best
in his retirement.
ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS –
CITY COUNCIL AND HOUSING AUTHORITY
1. added per resident request >>> CALLE TECATE / PARK AVENUE
INTERSECTION - PRESENTATION BY MR. WILLIAM JONES,
PRESIDENT OF THE CITRUS HOMEOWNERS ASSOCIATION
Mayor Evans said Staff will present a list of available options to Council on this
matter under Departmental Report Item No. 5-A; however, this item is
agendized as an update only and Council will not make a final decision.
PUBLIC SPEAKER: Mr. William Jones, President of the Citrus Homeowners
Association (HOA) – said there have been a total of eight incidents of vehicles
crashing into the Citrus perimeter wall at this intersection; explained how the
incidents occurred, usually during the late hours of the night, and despite the
multiple street warning signs; presented photos of the crashes; expressed
concern about the safety of the Citrus residences located near the wall; said the
Citrus HOA’s recommendation was that a steel guard-rail will be the most
effective solution to mitigate vehicles going through the wall, Option C – Guard
Rail of Departmental Report Item 5-A; said the HOA’s repair costs for the wall
and landscaping after each incident is approximately $10,000; thanked Staff for
the assistance and information provided; and noted the Citrus is willing to join
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efforts with the City to select and install mitigation measures to ensure residents’
safety from future incidents.
CONSENT CALENDAR – CITY COUNCIL
1. APPROVE MINUTES DATED JUNE 4, 2019
2. AUTHORIZE OVERNIGHT TRAVEL FOR FIVE COUNCILMEMBERS,
DIRECTOR OF COMMUNITY RESOURCES AND ASSISTANT TO THE
CITY MANAGER TO ATTEND LEAGUE OF CALIFORNIA CITIES
ANNUAL CONFERENCE IN LONG BEACH, CALIFORNIA, OCTOBER
16-18, 2019
3. AUTHORIZE OVERNIGHT TRAVEL FOR FACILITIES MANAGEMENT
ASSISTANT TO ATTEND THE THIRD YEAR OF CALIFORNIA PARKS
AND RECREATION SOCIETY MAINTENANCE MANAGEMENT SCHOOL
IN LAKE ARROWHEAD, CALIFORNIA, NOVEMBER 11 – 15, 2019
4. APPROVE DEMAND REGISTERS DATED MAY 31 AND JUNE 7, 2019
5. ADOPT RESOLUTION OF SUPPORT FOR BALANCED ENERGY
SOLUTIONS AND LOCAL CONTROL [RESOLUTION NO. 2019-020]
6. APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE, AND
ADVERTISE FOR BID THE HIGHWAY 111 SIDEWALK
IMPROVEMENTS PROJECT LOCATED ON THE SOUTH SIDE OF
HIGHWAY 111, BETWEEN ADAMS STREET AND LA QUINTA DRIVE
(PROJECT NO. 2018-03)
7. APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE, AND
ADVERTISE FOR BID THE HIGHWAY SAFETY IMPROVEMENT
PROGRAM CITYWIDE FIBER OPTIC SIGNAL INTERCONNECT
PROJECT (PROJECT NO. 2016-02)
8. pulled for separate vote by Mayor Evans >>> APPROVE AMENDMENT
NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH HENSON
CONSULTING GROUP FOR LEADERSHIP DEVELOPMENT AND
TRAINING PROGRAMS
9. APPROVE MEMORANDUM OF UNDERSTANDING WITH DESERT
SANDS UNIFIED SCHOOL DISTRICT FOR PARTIAL FUNDING OF
TWO SCHOOL RESOURCE OFFICERS
10. APPROVE FIRE STATION NO. 70 KITCHEN AND FLOOR REMODEL
PROJECT (PROJECT NO. 2018-35); AND APPROVE AGREEMENT FOR
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CONTRACT SERVICES WITH DESERT CONCEPTS FOR DEMOLITION
AND INSTALLATION
11. moved to Business Session Item No. 8 by Mayor Evans >>> APPROVE
AGREEMENT FOR LAW ENFORCEMENT SERVICES WITH THE
COUNTY OF RIVERSIDE
CONSENT CALENDAR ITEM NO. 5
Councilmember Sanchez said Council was adopting a Resolution to show their
support for balanced energy solutions and local control as a response to newly
proposed state legislation seeking to eliminate energy choices and mandate fully
electrified homes and businesses; and noted energy choices should be left to the
consumers and having local controls is important.
Mayor Evans concurred with Councilmember Sanchez’s comments above.
CONSENT CALENDAR ITEM NO. 6
Mayor Evans said this item will revamp certain sidewalk sections along the
Highway 111 corridor and will aid the City in its undergoing efforts on the corridor
design and revisioning.
CONSENT CALENDAR ITEM NO. 9
Councilmember Sanchez said the government’s number one responsibility is to
protect the people; the City has a great partnership with Desert Sands Unified
School District (DSUSD); the City is in a financial position to help fund the School
Resource Officer positions; and the City is honored to have the opportunity to
partner and provide increased safety for students.
Councilmember Radi said the City is fiscally able to offer this support due to
revenues received from Measure G, and thanked the La Quinta voters for passing
the measure.
Councilmember Fitzpatrick concurred with Councilmember Radi’s comments,
and thanked DSUSD for partnering with the City to share the costs and make
this possible.
MOTION – A motion was made and seconded by Councilmembers
Peña/Fitzpatrick to approve Consent Calendar Item Nos. 1 – 7, 9, and 10 as
recommended, with Item No. 5 adopting Resolution No. 2019-020. Motion
passed unanimously.
CONSENT CALENDAR ITEM NO. 8
Councilmember Fitzpatrick said she would not support this item at this time;
Staff is high performing and she supports the City providing training
opportunities to ensure development and success; however, she would like to
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provide the new City Manager the opportunity to evaluate the City’s training and
mentoring needs prior to making a commitment to determine whether or not
this is the right type of training.
Councilmember Radi concurred with Councilmember Fitzpatrick’s comments.
Councilmember Peña recommended Council consider continuing the item until a
future time.
Councilmember Sanchez concurred with all comments listed above.
Mayor Evans said the new City Manager was selected to provide continuity during
the transition; Council would like to arm him with the resources needed to be
successful based on his established performance metrics; and it is important that
he had the opportunity to assess and determine what trainings should be
provided to Staff.
Discussion followed regarding the outcomes of not approving the Amendment;
potential timeline to procure new services; considering a 90-day extension to
cover the gap during the assessment period, without additional monetary
appropriations; and any outstanding training activities would have been
accounted for under the existing contract appropriation.
MOTION – A motion was made and seconded by Councilmembers Peña/Radi to
approve Consent Calendar Item No. 8 as amended for a 90-day extension period
from the date of expiration, effective July 1, 2019, without additional
compensation allocation, to allow the new City Manager an opportunity to assess
the training needs of the organization, and bring back a recommendation to
Council. Motion passed unanimously.
CONSENT CALENDAR - HOUSING AUTHORITY
1. APPROVE SPECIAL MEETING MINUTES OF MAY 21, 2019
2. APPROVE CONTRACT SERVICES AGREEMENT WITH BECKY CAHA
FOR HOUSING COMPLIANCE AND MONITORING SERVICES
CONSENT CALENDAR ITEM NO. 2 – HOUSING AUTHORITY
Authority Members commented on the high level of specialized services housing
compliance and monitoring required; noted the City received only one response
to the request for proposals; thanked Housing Consultant Becky Caha for her
services; and commended the detailed scope of work and schedule of
compensation outlined in the agreement.
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MOTION – A motion was made and seconded by Authority Members
Radi/Fitzpatrick to approve the Housing Authority Consent Calendar as
recommended. Motion passed unanimously.
BUSINESS SESSION – CITY COUNCIL AND HOUSING AUTHORITY
1. City Council and Housing Authority: INTERVIEW AND APPOINT
RESIDENTS TO VARIOUS CITY COMMISSIONS
Council waived presentation of the staff report, which is on file in the Clerk’s
Office.
Deputy City Clerk Romane held a random drawing resulting in the following
interview order:
1) Community Services Commission
2) Planning Commission
3) Housing Commission
4) Financial Advisory Commission
Mayor Evans thanked all applicants for their willingness to serve the City, and
explained the process Council follows in conducting the interviews and
appointing members.
1) COMMUNITY SERVICES COMMISSION (OPEN: 2 SEATS; 3-YEAR TERMS)
The following applicants gave a brief presentation of their qualifications:
Gayl Biondi
Michael Krmpotich
Philip LaGreca
Donald Reifer
Randi Roehrick – withdrew her application during the meeting
Results of the ballot vote:
Councilmember Fitzpatrick – Gayl Biondi and Philip LaGreca
Councilmember Peña – Gayl Biondi and Philip LaGreca
Councilmember Radi – Gayl Biondi and Philip LaGreca
Councilmember Sanchez – Gayl Biondi and Philip LaGreca
Mayor Evans – Gayl Biondi and Philip LaGreca
MOTION – A motion was made and seconded by Councilmembers
Fitzpatrick/Radi to appoint Gayl Biondi and Philip LaGreca to serve on the
Community Services Commission for three-year terms expiring June 30, 2022.
Motion passed unanimously.
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2) PLANNING COMMISSION (OPEN: 4 SEATS, 3-YEAR TERMS)
2 SEATS MUST BE FILLED BY PROFESSIONAL MEMBERS WITH STRONG BACKGROUND
IN ARCHITECTURE OR LANDSCAPE ARCHITECTURE
The following applicants gave a brief presentation of their qualifications:
John Carnie
Loretta Currie
Mike Etheridge
Elisa Guerrero
Dann Mallec
Kevin McCune (professional)
Stephen Thomas Nieto (professional)
Gregory Semos
Taylor Libolt Varner
Results of the ballot vote:
Councilmember Fitzpatrick – Loretta Currie, Kevin McCune, Stephen Thomas
Nieto, and Dale Tyerman
Councilmember Peña – Loretta Currie, Kevin McCune, Stephen Thomas Nieto,
and Taylor Libolt Van
Councilmember Radi – Loretta Currie, Elisa Guerrero, Kevin McCune, and Dale
Tyerman
Councilmember Sanchez – Elisa Guerrero, Kevin McCune, Stephen Thomas
Nieto, and Taylor Libolt Varner
Mayor Evans – Loretta Currie, Kevin McCune, Stephen Thomas Nieto, and Taylor
Libolt Varner
MOTION – A motion was made and seconded by Councilmembers
Fitzpatrick/Radi to appoint Loretta Currie, Kevin McCune, Stephen Thomas Nieto,
and Taylor Libolt Varner to serve on the Planning Commission for three-year
terms expiring June 30, 2022, with Kevin McCune and Stephen Thomas Nieto
filling the professional members requirement. Motion passed unanimously.
COUNCIL AND AUTHORITY RECESSED FOR A BRIEF BREAK AT 6:45 P.M.
MAYOR EVANS RECONVENED THE CITY COUNCIL AND HOUSING
AUTHORITY MEETINGS AT 6:49 P.M. WITH ALL MEMBERS PRESENT
3) HOUSING COMMISSION (OPEN: 1 SEAT; 3-YEAR TERM)
Applicant Olga Janneth Pacheco gave a brief presentation of her qualifications.
The Authority waived the vote by ballot being that there was only one applicant.
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MOTION – A motion was made and seconded by Authority Members
Radi/Fitzpatrick to appoint Olga Janneth Pacheco to serve on the Housing
Commission for a three-year term expiring June 30, 2022. Motion passed
unanimously.
4) FINANCIAL ADVISORY COMMISSION (OPEN: 2 SEATS; 3-YEAR TERMS)
The following applicants gave a brief presentation of their qualifications:
Thomas Calabro
John Hoffner
The following applicants were not able to attend due to conflicting engagements;
Finance Director Romero presented the applicants’ qualifications:
Javier Lopez
Sherwyn Turbow
Results of the ballot vote:
Councilmember Fitzpatrick – Javier Lopez and John Hoffner
Councilmember Peña – Javier Lopez and John Hoffner
Councilmember Radi – Javier Lopez and John Hoffner
Councilmember Sanchez – Javier Lopez and John Hoffner
Mayor Evans – Javier Lopez and John Hoffner
MOTION – A motion was made and seconded by Councilmembers
Fitzpatrick/Radi to appoint Javier Lopez and John Hoffner to serve on the
Financial Advisory Commission for three-year terms expiring June 30, 2022.
Motion passed unanimously.
2. City Council: APPROVE PERSONNEL POLICIES AND PROCEDURES
Human Resources/Risk Manager Scott presented the staff report, which is on file
in the Clerk’s Office.
Council discussed the revisions needed to ensure compliance with state and
federal laws; this is a living document that requires periodic reviews; and the
importance of ensuring the information is easily available to the entire
organization.
MOTION – A motion was made and seconded by Councilmembers
Radi/Fitzpatrick to approve City Personnel Policies and Procedures as
recommended. Motion passed unanimously.
3. City Council: APPROVE WRITE-OFF OF OUTSTANDING INTERFUND
LOANS
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Finance Director Romero and Financial Services Analyst Hallick presented the
staff report, which is on file in the Clerk’s Office.
Council commended Staff for the well written, transparent, and easy to
understand staff report and presentation.
Council discussed this is a non-cash transaction, simply a journal entry of debits
and credits; writing off these interfund loans would result in future revenues
collected in the different funds to be used for future public improvements as
needed; the estimated loans repayment periods are excessively long based on
revenue projections, thus rendering the loans uncollectible; the Financial
Advisory Commission’s recommendation to Council was to write off the loans;
since origination, the loans have been disclosed in the City’s Comprehensive
Annual Financial Report; carrying forward the loans merely generates internal
accounting work that brings no value to the community; the public assets built
with these funds are in use; the write-off of the loans does not affect the City’s
credit rating, avoids an overstatement of fund balance, and does not affect the
collection of current or future impact fees.
MOTION – A motion was made and seconded by Councilmembers Radi/Sanchez
to approve the write-off of the following four outstanding interfund loans as
recommended:
Fire Protection Development Impact Fund
Civic Center Development Impact Fund
Street Facility Development Impact Fund
SilverRock Resort Fund
Motion passed unanimously.
4. City Council: ADOPT RESOLUTION TO APPROVE REVISIONS TO THE
CITY’S PURCHASING AND CONTRACTING POLICY
[RESOLUTION NO. 2019-021]
Account Technician Armendariz presented the staff report, which is on file in the
Clerk’s Office.
Council discussed the importance of fiscal internal controls.
MOTION – A motion was made and seconded by Councilmembers Radi/Sanchez
to adopt Resolution No. 2019 – 021 approving revisions to the City’s Purchasing
and Contracting Policy:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, ADOPTING A PURCHASING AND CONTRACTING
POLICY
Motion passed unanimously.
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5. City Council: ADOPT RESOLUTIONS TO APPROVE FISCAL YEAR
2019/20 BUDGET AND ESTABLISH THE CITY’S APPROPRIATIONS
LIMIT; ADD POSITIONS OF ASSISTANT CONSTRUCTION MANAGER,
CODE COMPLIANCE OFFICER II, AND MANAGEMENT ANALYST;
AMEND CLASSIFICATIONS OF BUILDINGS SUPERINTENDENT TO
MANAGEMENT ANALYST, MAINTENANCE MANAGER TO
MANAGEMENT ANALYST, AND MAINTENANCE WORKER I TO
MAINTENANCE WORKER II; AND REMOVE SENIOR CIVIL
ENGINEER AND ASSOCIATE ENGINEER POSITIONS
[RESOLUTION NO. 2019–022 AND 2019-023]
Finance Director Romero presented the staff report, which is on file in the Clerk’s
Office.
Council discussed the proposed budget includes the Facilities reorganization
resulting in savings, additional funding to the Greater Coachella Valley Chamber
of Commerce (GCVCC) to provide services for the State of the City, and
estimated improvement costs for the Calle Tecate parking lot; Council will
consider the GCVCC agreement at the July 2, 2019 meeting; and Staff has held
multiple open meetings with Council and City Commissions to ensure full
transparency and provide opportunities for public comments.
MOTION – A motion was made and seconded by Councilmembers
Peña/Fitzpatrick to adopt Resolution Nos. 2019–022 and 2019-023 approving
fiscal year 2019/20 Budget, establish the City’s appropriations limit, and add,
amend, and remove classifications.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, ESTABLISHING THE CITY’S APPROPRIATION LIMIT
FOR FISCAL YEAR 2019/20 AND APPROVING A BUDGET FOR FISCAL
YEAR 2019/20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, ADDING THE POSITIONS OF ASSISTANT
CONSTRUCTION MANAGER, CODE COMPLIANCE OFFICER II, AND
MANAGEMENT ANALYST; AMENDING THE CLASSIFICATIONS OF
BUILDINGS SUPERINTENDENT TO MANAGEMENT ANALYST,
MAINTENANCE MANAGER TO MANAGEMENT ANALYST, AND
MAINTENANCE WORKER I TO MAINTENANCE WORKER II; AND
REMOVING SENIOR CIVIL ENGINEER AND ASSOCIATE ENGINEER
POSITIONS
Motion passed unanimously.
6. Housing Authority: ADOPT RESOLUTION TO APPROVE LA QUINTA
HOUSING AUTHORITY FISCAL YEAR 2019/20 BUDGET [RESOLUTION
NO. HA 2019-002]
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Finance Director Romero presented the staff report, which is on file in the Clerk’s
Office.
MOTION – A motion was made and seconded by Authority Members
Sanchez/Radi to adopt Resolution No. HA 2019–002 approving Housing
Authority fiscal year 2019/20 Budget:
A RESOLUTION OF THE LA QUINTA HOUSING AUTHORITY
APPROVING A BUDGET FOR FISCAL YEAR 2019/20
Motion passed unanimously.
7. City Council: APPROVE CONTRACT SERVICES AGREEMENT WITH NAI
CONSULTING, INC FOR CAPITAL IMPROVEMENT PROGRAM
PROJECT MANAGEMENT AND ENGINEERING SERVICES
Management Analyst Mignogna presented the staff report, which is on file in the
Clerk’s Office.
PUBLIC SPEAKER: Mr. Nick Nickerson, President of NAI Consulting, Inc – said he
has a 22-year working relationship with the City, and expressed his gratitude for
the opportunity to continue to provide project management services.
MOTION – A motion was made and seconded by Councilmembers Radi/Sanchez
to approve agreement for contract services with NAI Consulting, Inc, in an
amount not to exceed $540,532, for capital improvement program project
management and engineering services; and authorize the City Manager to
execute the agreement. Motion passed unanimously.
8. moved from Consent Calendar Item No. 11 by Mayor Evans >>>
APPROVE AGREEMENT FOR LAW ENFORCEMENT SERVICES WITH
THE COUNTY OF RIVERSIDE
Public Safety Manager Mendez presented the staff report, which is on file in the
Clerk’s Office.
Council discussed public safety is one of the City’s main priorities; the agreement
maintains the daily patrol hours at 135, and adds one more School Resource
Officer funded 50% by the City; noted the cost for law enforcement services to
ensure the safety of the community for fiscal year 2019/20 is $16,346,000;
Riverside County Sheriff Bianco has indicated that he has a number of plans in
mind geared toward reducing costs going forward, but will take time to properly
asses the needs and implement changes; the agreement terms; La Quinta’s
collaborative efforts with neighboring Cities for joint agreement; importance to
have the agreement language be as flexible as possible going forward; and
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commended the law enforcement staff for the high-level of service and care they
provide to the community.
MOTION – A motion was made and seconded by Councilmembers
Peña/Fitzpatrick to approve agreement for Law Enforcement Services with the
County of Riverside; and authorize the City Manager to execute the agreement.
Motion passed unanimously.
STUDY SESSION
1. PUBLIC SAFETY CAMERA SYSTEM PILOT PROGRAM AND SURVEY
RESULTS
Public Safety Analyst Moreno and Traffic Operations Analyst Gunterson
presented the staff report, which is on file in the Clerk’s Office.
Council discussed camera costs; an important objective from the beginning was
to take our time to study, test, and conduct community outreach, and that has
been accomplished; survey results show there is supermajority community
support for this program, and 82% of residents feel safe in the city; anticipated
cost for installing the system, starting with 25 cameras, is $270,000 and on-
going annual maintenance costs are $10,000; Staff should explore the cost for
installing the entire system at once, not in phases, and provide comparison of
potential cost benefits due to economies of scale; there are a total of 52
intersections in La Quinta, to install the system all at once would double the
estimated cost; importance of establishing policies to ensure checks and
balances are set in place to maintain the data, and safeguard privacy and against
abuse of power by staff, hacking, etc.; this is a valuable tool that can be used to
aid in ensuring public safety; the maintenance contract would also include
upgrades to the firmware and software of the system, eliminating the need to
replace the cameras; estimated cost for installing the program in one phase,
which will include all signalized intersections and some selected parks,
trailheads, and City facilities, is about $1.2 million; Staff can request a cost
proposal and present actual numbers for consideration; despite the initial
trepidation, the community clearly supports the program; the undergoing
installation of the fiber optics infrastructure at the City’s intersection can support
the system at the intersections as well as at any facilities that are located in
close proximity, and a radio back-bone will need to be installed to support some
of the more remote areas, such as the trailheads; need to improve the City’s
wireless connection; law enforcement patrol vehicles are equipped with laptops
allowing them to access the system; and potential grant funding the City can
pursue.
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PUBLIC SPEAKER: Paul Hoesteroy, La Quinta – said he has been a resident for
29 years, has watched the City grow, there is a lot to be proud of, and a lot to
love; spoke about his professional background; expressed concerns about
installing the system based on privacy, cost, and impact on the community;
noted this system can be used for surveillance instead of public safety and the
potential negative impacts, it would consume resources, and there is always the
potential of a data breach; recommended additional community outreach; the
system would be an addition to public safety, but it would not be a multiplier;
and encouraged Council to proceed with care and caution.
PUBLIC SPEAKER: Lincoln Anderson, La Quinta – said he prepared three
arguments in opposition of the camera system to present to Council, but given
the late hour and because this was only a Study Session would present only one
that would hold the most value to the community; the number one reason
residents support the system was to increase and improve safety (questions 15
and 29 of the survey), however, cameras are ineffective in preventing crime and
protecting the community, and valuable resources should not be wasted; London
is one of the most prolific users of public camera systems, but crime rates have
actually increased, and law enforcement officers and public officials have been
accused of misusing the data; New York has also used camera systems to target
minority groups; establishing a policy that states the data should not be misused
does not guarantee against misuse, and that is a great concern because it
provides an opportunity to use the same tool intended for justice for the exact
opposite than it was initially instituted for; it could be used to harm the public
instead of protect it, and thereby defeating the purpose for its existence; and
urged the Council not to proceed with the system.
Mayor Evans said written comments in opposition of this item were received by
three La Quinta residents expressing concern over cost, potential use of Measure
G funds, privacy implications, and ensuring the safety of the residents is at
heart; the comments will be made part of the record.
Council discussed when initially this project was introduced cost and privacy
were a main focus; one reason for exploring the camera system was to provide
law enforcement with an additional tool to resolve crime and not to invade
privacy, and perhaps be able to mitigate the continuous annual cost increases
for public safety services; the survey shows a 65% community support;
community outreach efforts must continue to raise awareness of the survey
results; determine costs and where and how this would roll out; additional
information is needed to determine if this would become the way of the future;
and privacy is a big concern.
Council thanked the residents who provided public comments and extended an
invitation for further discussion.
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Council discussed the comments received from Sheriff Bianco were that a
camera system would be a tremendous support to law enforcement because it
is a valuable tool as a deterrent during an event; staff will have actual costs
before a decision, whether to proceed or not is made; public safety costs are
increasing at very rapid rates, and there is a potential that the Riverside County
Sheriff’s Department may push for full-cost recovery, which would significantly
increase the City’s cost; other ways agencies are exploring to reduce risk and
cost of public safety services; there is a great sensitivity to privacy concerns and
surveillance; and explore ways to better communicate that cameras do not deter
crime, but help solve it, and what are the benefits.
PUBLIC HEARINGS
1. ADOPT RESOLUTION TO CONFIRM THE ASSESSMENT AND
DISTRICT DIAGRAM FOR THE 2019/20 LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT 89-1 [RESOLUTION NO. 2019-024]
Assistant to the City Manager Villalpando presented the staff report, which is on
file in the Clerk’s Office.
Council discussed the increase of number of local benefit units for fiscal year
2019/20 per the final engineer’s report.
MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 9:14 P.M.
PUBLIC SPEAKER: None
MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 9:14 P.M.
MOTION – A motion was made and seconded by Councilmembers
Peña/Fitzpatrick to adopt Resolution No. 2019 – 024 to confirm the assessment
and district diagram for the Landscape and Lighting Assessment District 89-1 for
2019/20, pursuant to the Engineer’s estimate:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR
FISCAL YEAR 2019/2020 LANDSCAPE AND LIGHTING ASSESSMENT
DISTRICT 89-1, PURSUANT TO THE LANDSCAPE AND LIGHTING ACT
OF 1972
Motion passed unanimously.
DEPARTMENTAL REPORTS
All reports are on file in the City Clerk’s Office.
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2. CITY ATTORNEY – DISTRICT ATTORNEY’S OFFICE – COMMUNITY
ACTION TEAMS
City Attorney Ihrke presented the staff report, which is in file in the Clerk’s Office.
Council reached a consensus and requested that Mr. Garrett Behrens, Riverside
County District Attorney’s Office liaison for Community Action Teams program,
who is also a La Quinta, resident be invited to introduce himself during a Council
meeting.
4-A. COMMUNITY RESOURCES – ART IN PUBLIC PLACES REFRESH
Council waived presentation of the departmental report.
Council reached a consensus and directed Staff to bring forth this item for
Council consideration as a Study Session to receive direction on how to maintain
the program going forward, and evaluate the work plan with regards to
inventory, rotation, ownership, etc.
4-B. COMMUNITY RESOURCES – FIRE SERVICES REVIEW
Council waived presentation of the departmental report.
Council reached a consensus and directed Staff to initiate a request for proposals
to conduct a study of fire services, similar to the Matrix Police Services study, to
provide better knowledge and clarity on service level needs and related costs.
4-C. COMMUNITY RESOURCES – REGIONAL POLICE SERVICES STUDY
Council waived presentation of the departmental report.
Council reached a consensus and appointed Mayor Evans and Councilmember
Peña to be La Quinta’s representatives at the Cove Community Services
Commission meeting on June 26, 2019 at 11:00 a.m. at the Indian Wells Golf
Resort.
5-A. DESIGN AND DEVELOPMENT – CALLE TAMPICO / PARK AVENUE
INTERSECTION OPTIONS
Council waived presentation of the departmental report.
PUBLIC SPEAKER: Robert Kroll, La Quinta – said he has been a La Quinta resident
for 17 years and a quiet observer of the City’s operations, initiatives, and
projects; commended Council and Staff for listening to the community, and
providing responses or seeking resolutions to issues being brought up; spoke
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about the issues the Citrus community is encountering with this “L” shaped
intersection and expressed his support to install Option B – Concrete K Railing
or Option C – Guard Rail as presented in the departmental report to prevent
vehicles from crashing into the wall.
Council noted the departmental report was merely an update and Council will
not be making a decision on this item tonight, but it will be scheduled for
consideration at a future meeting; discussed exploring partnering with the Citrus
HOA on this effort; and land ownership of the area around the intersection.
COUNCIL AND AUTHORITY MEMBERS’ ITEMS
Mayor Evans said the La Quinta Arts Foundation (LQAF) has announced that the
2020 La Quinta Arts Festival has been cancelled. Council discussed the
importance to show strong commitment to the legacy of the Art Festival which
took a lot of effort and volunteers, and many years to develop; this is an
opportunity to create something new going forward; this decision was made by
the LQAF and not the City; and the City gave the LQAF an opportunity to
participate in the design of the SilverRock Event site, but they did not elect to
do so.
Council reached a consensus and directed Staff to schedule a Community
Workshop to discuss and seek public input and comments on holding art festivals
going forward; establish an artist repository allowing the City to communicate
with interested artists on programs and events; and publish an article in The
Gem to inform the community what the City’s plans are.
Mayor Evans said Council attended the La Quinta High School graduation
ceremony on June 4, 2019.
REPORTS AND INFORMATIONAL ITEMS
La Quinta’s representative for 2019, Councilmember Fitzpatrick reported on her
participation in the following organization’s meeting:
RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC)
La Quinta’s representative for 2019, Councilmember Peña reported on his
participation in the following organizations’ meetings:
CVAG PUBLIC SAFETY COMMITTEE
LEAGUE OF CALIFORNIA CITIES – PUBLIC SAFETY POLICY
COMMITTEE
La Quinta’s representative for 2019, Councilmember Radi reported on his
participation in the following organization’s meeting:
CVAG TRANSPORTATION COMMITTEE
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ADJOURNMENT – HOUSING AUTHORITY
There being no further business, a motion was made and seconded by Authority
Members Fitzpatrick/Peña to adjourn the Housing Authority meeting at 9:38 p.m.
Motion passed unanimously.
COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND
MOVED INTO CLOSED SESSION AT 9:39 P.M.
MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY
COUNCIL MEETING AT 10:58 P.M. WITH ALL MEMBERS PRESENT
REPORT ON ACTION(S) TAKEN IN CLOSED SESSION:
City Attorney Ihrke reported the following pursuant to Government Code Section
54957.1 (Brown Act):
Closed Session Item No. 2 – there were no actions taken that require
reporting; and
Closed Session Item No. 3 – was continued until the July 2, 2019 Council
meeting; and
Closed Session Item No. 4 – there were no actions taken that require
reporting.
ADJOURNMENT
There being no further business, a motion was made and seconded by
Councilmembers Peña/Fitzpatrick to adjourn at 10:59 p.m. Motion passed
unanimously.
Respectfully submitted,
MONIKA RADEVA, City Clerk
City of La Quinta, California
28
City of La Quinta
CITY COUNCIL MEETING: July 2, 2019
STAFF REPORT
AGENDA TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR SENIOR AND
JUNIOR ACCOUNTANTS TO ATTEND THE CALPERS EDUCATIONAL FORUM IN
OAKLAND, CALIFORNIA, OCTOBER 27-30, 2019
RECOMMENDATION
Authorize overnight travel for the Senior and Junior Accountants to attend
the CalPERS Educational Forum in Oakland, California, October 27-30, 2019.
EXECUTIVE SUMMARY
•CalPERS provides retirement, disability and health benefits for the City
and sponsors training programs taught by CalPERS experts.
•Payroll and all CalPERS reporting requirements are processed by
Finance.
•The Senior and Junior Accountants seek additional knowledge in the
administration of CalPERS benefits and reporting requirements.
FISCAL IMPACT
Estimated expenses are $3,000, which includes travel, lodging, and meals.
The funds are available in the 2019/20 Travel and Training budget
(101-1006-60320).
BACKGROUND/ANALYSIS
The City provides retirement, disability and health benefits through CalPERS.
The annual forum is dedicated to assisting members with the administration
of CalPERS-related responsibilities. In addition, CalPERS Board Members,
Directors, and Chief Actuaries attend and participate as keynote speakers, as
session instructors, and in one-on-one discussions.
The CalPERS Educational Forum provides training in reporting and
documentation of employee membership, payroll, and service credits;
CONSENT CALENDAR ITEM NO. 3
29
actuarial reporting for unfunded pension obligations; basic and complex
scenarios involving separation from service, moving between reciprocal
retirement systems, and enrollment of members; working after retirement;
reducing agency liabilities; and common audit issues for public agencies.
The City processes payroll for all employees, commissioners, and Council
members internally. The Senior Accountant is responsible for verifying
payroll, which is processed by the Junior Accountant. Together they are
responsible for ensuring accurate reporting of retirement and health benefits
to CalPERS, annual California Transparency reporting to the State,
processing all quarterly and annual payroll reports to the State and Internal
Revenue Service, and ensuring all taxes are paid to the appropriate entities
with each payroll period.
ALTERNATIVES
The Council may elect not to authorize this request.
Prepared by: Karla Romero, Finance Director
Approved by: Jon McMillen, City Manager
30
City of La Quinta
CITY COUNCIL MEETING: July 2, 2019
STAFF REPORT
AGENDA TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR DEPUTY CITY CLERK AND
MANAGEMENT ASSISTANT TO ATTEND CITY CLERKS’ ASSOCIATION OF
CALIFORNIA TECHNICAL TRAINING FOR CLERKS SERIES 200 IN RIVERSIDE,
CALIFORNIA, SEPTEMBER 10-13, 2019
RECOMMENDATION
Authorize overnight travel for the Deputy City Clerk and the Management Assistant
to attend the City Clerks Association of California Technical Training for Clerks Series
200 in Riverside, California, September 10-13, 2019.
EXECUTIVE SUMMARY
The Deputy City Clerk and the Management Assistant seek additional knowledge
of the Clerk profession and the laws and ethics that govern it.
Technical Training for Clerks (TTC), Series 200, is a four-day intensive program
designed to focus on technical skills, enhancing professional interpersonal
abilities, and networking opportunities with other professionals.
FISCAL IMPACT
Estimated expenses are $3,950, which includes registration, travel, lodging, and
meals. The funds are available in the 2019/20 Travel and Training budget (101-
1005-60330).
BACKGROUND/ANALYSIS
The City Clerks Association of California (CCAC) was founded in 1977 with the
objective of promoting the Clerk profession throughout the state. It provides
mentoring programs, professional development, leadership and management
training opportunities, and promotes effective legislation, and uniform and improved
standards to effectively administer Clerk duties.
This training is the second of four required courses in obtaining the Certified
Municipal Clerk certification and will offer Staff a wide range of technical clerk
knowledge in key areas such as election law and procedures, local government
finance, codification, team/group decision making, communication skills,
organizational values and ethics.
ALTERNATIVES
Council may elect not to authorize this request.
Prepared by: Tania Flores, Management Assistant
Approved by: Monika Radeva, City Clerk
CONSENT CALENDAR ITEM NO. 4
31
32
City of La Quinta
CITY COUNCIL MEETING: July 2, 2019
STAFF REPORT
AGENDA TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR DESIGN AND
DEVELOPMENT DIRECTOR, PLANNING MANAGER, AND SENIOR PLANNER TO
ATTEND AMERICAN PLANNING ASSOCIATION CALIFORNIA CHAPTER’S
ANNUAL CONFERENCE IN SANTA BARBARA, CALIFORNIA, SEPTEMBER 15-18,
2019
RECOMMENDATION
Authorize overnight travel for the Design and Development Director, Planning
Manager, and Senior Planner to attend the American Planning Association
California Chapter’s Annual Conference in Santa Barbara, California, September
15-18, 2019.
EXECUTIVE SUMMARY
•The American Planning Association (APA) California Chapter is a network
of planners, citizens, and elected officials committed to urban, suburban,
regional, and rural planning in the State of California.
•The APA Conference attendees will participate in educational sessions,
discussion forums and networking.
FISCAL IMPACT
Estimated expenses are $1,970 per attendee; this cost includes conference
registration, hotel, parking, travel, and meals for four days. Funds are included
in the Design and Development 2019/20 Travel and Training budget (101-
6001-60320 and 101-6002-60320).
BACKGROUND/ANALYSIS
The APA Conference provides networking and educational opportunities for its
members. Planning professionals from throughout California and the United
States attend this annual conference. The conference includes keynote
speakers, concurrent tracks of programs/seminars, and practical “nuts and
bolts” planning sessions.
ALTERNATIVES
Council may elect not to authorize this request or reduce the number of
attendees.
Prepared by: Wanda Wise-Latta, Executive Assistant
Approved by: Danny Castro, Design and Development Director
CONSENT CALENDAR ITEM NO. 5
33
34
City of La Quinta
CITY COUNCIL MEETING: July 2, 2019
STAFF REPORT
AGENDA TITLE: APPROVE DEMAND REGISTERS DATED JUNE 14 AND 21, 2019
RECOMMENDATION
Approve demand registers dated June 14 and 21, 2019.
EXECUTIVE SUMMARY – None
FISCAL IMPACT
Demand of Cash:
City 2,328,740.23$
Successor Agency of RDA -$
Housing Authority 6,145.11$
2,334,885.34$
BACKGROUND/ANALYSIS
Routine bills and payroll must be paid between Council meetings. Attachment 1
details the weekly demand registers for June 14 and 21, 2019.
Warrants Issued:
122766-122838 1,526,668.02$
122839-122910 478,847.66$
Wire Transfers 48,030.90$
Payroll Tax Transfers 43,978.83$
Payroll Direct Deposit 237,009.93$
2,334,535.34$
CONSENT CALENDAR ITEM NO. 6
35
The most significant expenditures on the demand register are:
Account Name Amount
Riverside County Various 1,400,130.97$ July 2018-Mar 2019 Adj
Sheriff Dept April Police Services
SilverRock Various 95,530.00$ Feb - Apr Construction
Development Co Repair & Maintenance
County of Riverside Professional 46,640.14$ 2018 Elections
Services
NAI Consulting Inc Various 43,944.51$ May Contract Services
Conserve Landcare Landscape 42,921.00$ June Landscape
Contract Services
PurposeVendor
Wire Transfers: Four transfers totaled $48,031. Of this amount, $41,647 was
for CalPERS. (See Attachment 2 for a full listing).
Investment Transactions: Full details of investment transactions as well as
total holdings are reported quarterly in the Treasurer’s Report.
Transaction Issuer Type Par Value
Settlement
Date
Coupon
Rate
Purchase Evansville Teachers CU CD 248,000$ 6/12/19 2.600%
Purchase Legacy Bank CD 248,000$ 6/19/19 2.400%
Maturity Federal Farm Credit Bank Agency 500,000$ 6/20/19 1.210%
Purchase Citizens State Bank CD 248,000$ 6/21/19 2.400%
ALTERNATIVES
Council may approve, partially approve, or reject the demand registers.
Prepared by: Bernice Choo, Account Technician
Approved by: Rosemary Hallick, Financial Services Analyst
Attachments: 1. Demand Registers
2.Wire Transfers
36
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Demand Register
City of La Quinta Packet: APPKT02014 - BC 06/14/19
AmountVendor Name Payable Number Description (Item)Account Name Account Number
Fund: 101 - GENERAL FUND
200.00Garnishments PayableGARNISHMENT0001933RIVERSIDE DEPARTMENT OF C…101-0000-20985
196.05LT Care Insurance PayLONG TERM CARE0001935CALPERS LONG-TERM CARE P…101-0000-20949
92.00United Way DeductionsCONTRIBUTION0001936UNITED WAY OF THE DESERT 101-0000-20981
162.00Garnishments PayableGARNISHMENT0001937RIVERSIDE COUNTY SHERIFF'S …101-0000-20985
682.85Garnishments PayableGARNISHMENT0001938RIVERSIDE COUNTY SHERIFF'S …101-0000-20985
3,000.00BSAS SB 1473 Fees07/01-12/31/18 & 01/01-03/31/19 BSAS F…061019CALIFORNIA BUILDING STAND…101-0000-20306
-300.00CBSC Administrative Fees07/01-12/31/18 & 01/01-03/31/19 BSAS F…061019CALIFORNIA BUILDING STAND…101-0000-42615
112.84Travel & Training04/13-04/16/19 - TRAVEL REIMB APA CA …061119CASTRO, DANNY 101-6001-60320
1,000.00Grants & Economic Developm…06/12/19 - COMMUNITY SVCS GRANT FU…061219PALM SPRINGS CULTURAL CEN…101-3001-60510
5,000.00Grants & Economic Developm…06/04/19 - COMMUNITY SVCS GRANT FU…061219AMERICAN RED CROSS 101-3001-60510
2,750.00Grants & Economic Developm…06/14/19 - COMMUNITY SVCS GRANT FU…061219ABOUT FAMILIES INC 101-3001-60510
1,000.00Grants & Economic Developm…06/12/19 - COMMUNITY SVCS GRANT FU…061219GALILEE CENTER 101-3001-60510
5,000.00Grants & Economic Developm…06/12/19 - COMMUNITY SVCS GRANT FU…061219AMERICAN YOUTH SOCCER O…101-3001-60510
500.00Grants & Economic Developm…06/12/19 - COMMUNITY SVCS GRANT FU…061219CHUCK JONES CENTER FOR CR…101-3001-60510
2,250.00Grants & Economic Developm…06/12/19 - COMMUNITY SVCS GRANT FU…061219TRANSGENDER COMMUNITY …101-3001-60510
500.00Grants & Economic Developm…06/12/19 - COMMUNITY SVCS GRANT FU…061219USC NORRIS COMPREHENSIVE…101-3001-60510
2,500.00Grants & Economic Developm…06/12/19 - COMMUNITY SVCS GRANT FU…061219COACHELLA VALLEY HORSE RE…101-3001-60510
115.00Travel & Training06/12/19 - REIMB INT'L CODE COUNCIL T…061219CLAYTON JR., DUANE 101-6003-60320
343.21Travel & Training05/19-05/23 - TRAVEL REIMB GFOA 2019061319BLONDELL, KRYSTENA 101-1006-60320
5,000.00Grants & Economic Developm…06/13/19 - COMMUNITY SVCS GRANT FU…061319LA QUINTA HIGH SCHOOL BLA…101-3001-60510
124.70Professional Services06/2019 - ARMORED SERVICES10490984GARDAWORLD 101-1006-60103
37.50Leisure Enrichment06/03/19 - TAEKWONDO REFUND112710COUCH, CLAUDIA 101-0000-42200
3,845.00Land Acquisition03/31-04/27/19 FY 18-19 ON-CALL ALL A…124980NV5 101-1007-74010
-26.51Sales Taxes Payable05/22/19 - WINDOW ENV STVRP SALES T…128545-CJET GRAPHICS INC 101-0000-20304
363.05Office Supplies05/22/19 - WINDOW ENVELOPES STVRP128545-CJET GRAPHICS INC 101-6001-60400
192.85Operating Supplies05/23-06/06/19 - WC JANITORIAL SUPPLIES1402123014AMERIPRIDE SERVICES INC 101-3002-60420
6,223.75Consultants05/13/19 DESIGN FOR HWY 111 AUTO DE…19051302HERMANN DESIGN GROUP INC 101-6001-60104
38.05Printing05/30/19 - ADOPTED BUDGET COVERS FY …19-31718XPRESS GRAPHICS 101-1006-60410
21,649.00Special Enforcement Funds05/27/19 POLICE SERVICES STUDY & REGI…1BMATRIX CONSULTING GROUP 101-2001-60175
-26.53Sales Taxes Payable05/30/19 - WC GYM WIPES SALES TAX2520532XL CORPORATION 101-0000-20304
438.72Operating Supplies05/30/19 - WC GYM WIPES2520532XL CORPORATION 101-3002-60420
-3.02Sales Taxes Payable06/06/19 - WC GYM WIPES DISP SALES TAX2524272XL CORPORATION 101-0000-20304
48.43Operating Supplies06/06/19 - WC GYM WIPES DISPENSER2524272XL CORPORATION 101-3002-60420
1,330.92Supplies - Field05/31/19 - CAMERA DOCKING STATIONS33216VIEVU 101-6004-60425
73.60Citywide Conf Room Supplies05/17/19 - CITY WIDE SUPPLIES COFFEE3414127515STAPLES ADVANTAGE 101-1007-60403
175.64Citywide Conf Room Supplies05/22/19 - INK & PAPER T920 PLOTTER3414488722STAPLES ADVANTAGE 101-1007-60403
76.44Office Supplies05/22/19 - PAPER IPF750 PLOTTER3414488722STAPLES ADVANTAGE 101-6001-60400
187.03Office Supplies05/30/19 - INK FOR D&D PLOTTER3415068515STAPLES ADVANTAGE 101-6001-60400
92.86Office Supplies05/30/19 - INK FOR D&D PLOTTER3415068516STAPLES ADVANTAGE 101-6001-60400
106.55Citywide Conf Room Supplies05/30/19 - CITY WIDE SUPPLIES COFFEE3415068517STAPLES ADVANTAGE 101-1007-60403
88.04Office Supplies05/31/19 - OFFICE SUPPLIES3415388533STAPLES ADVANTAGE 101-1004-60400
930.81Temporary Agency Services05/31/19 - HUB TEMP SVCS M GONZALEZ53579780ROBERT HALF TECHNOLOGY 101-6006-60125
762.24Temporary Agency Services05/31/19 - CODE TEMP SVCS C HARGENS53584236OFFICE TEAM 101-6004-60125
706.03Temporary Agency Services05/31/19 - HR TEMP SVCS A LISTON53594458OFFICE TEAM 101-1004-60125
25.00Membership Dues06/05/19 - CERTIFICATION RENEWAL5694DAIGLE, RICHARD 101-7003-60351
20.00Credit Card Fees05/2019 - WC CREDIT CARD FEES716800PLUG & PAY TECHNOLOGIES I…101-3003-60122
20.00Administration05/2019 - HUB CREDIT CARD FEES716801PLUG & PAY TECHNOLOGIES I…101-6001-60102
55.00Blood/Alcohol Testing05/15/19 - BLOOD/ALCOHOL ANALYSIS72166AMERICAN FORENSIC NURSES …101-2001-60174
210.00Consultants06/04/19 - HEPATITIS B VACCINE PHYS78681EISENHOWER OCCUPATIONAL…101-1004-60104
95.00Recruiting/Pre-EmploymentPHYSICAL78681EISENHOWER OCCUPATIONAL…101-1004-60129
850.43Tools/Equipment04/30/19 - MIG WELDER89193198PRAXAIR INC 101-7003-60432
4,179.50Signs05/30/19 - SIGNS REPAIR ACCIDENT IKE/S…91217BEST SIGNS INC 101-7003-60429
1,181.25Professional Services05/2019 CONSULTING SVCS FOR EMP LDR…956HENSON CONSULTING GROUP 101-1004-60103
ATTACHMENT 1
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AmountVendor Name Payable Number Description (Item)Account Name Account Number
924.53Water -Pioneer Park - Utilities06/05/19 - WATER SERVICECSW211COACHELLA VALLEY WATER DI…101-3005-61207
23,041.06Professional Services05/29/19 - WHITEWATER NPDES COST SH…FC0000017403RIVERSIDE COUNTY FLOOD C…101-7002-60103
528.00Prepaid ExpenseFY 19/20 USER ACCESS (18) 101-3003-604…INV00028741HUMANITY 101-0000-13600
1,918.00Due to SunLine05/2019 - SUNLINE BUS PASSESINV03364SUNLINE TRANSIT AGENCY 101-0000-20305
-160.75Miscellaneous Revenue05/2019 - SUNLINE BUS PASSESINV03364SUNLINE TRANSIT AGENCY 101-0000-42301
787.96Operating Supplies04/2019 - RADIO MAINTIT0000002889RIVERSIDE COUNTY INFORMAT…101-2001-60420
36.36Telephone - Utilities05/28-06/27/19 - SPORTS COMPLEXJUN'197713100FRONTIER COMMUNICATIONS…101-3005-61300
48.86Supplies-Graffiti and Vandalism04/23-05/22/19 - MAT'L VANDALISM REPA…MAY'19980015809…LOWE'S HOME IMPROVEMENT…101-3005-60423
111.68Supplies-Graffiti and Vandalism04/23-05/22/19 - EISENHOWER PK VAND…MAY'19980015809…LOWE'S HOME IMPROVEMENT…101-3005-60423
40.40Materials/Supplies04/23-05/22/19 - CITY HALLMAY'19980015809…LOWE'S HOME IMPROVEMENT…101-3008-60431
84.59Materials/Supplies04/23-05/22/19 - MATERIALSMAY'19980015809…LOWE'S HOME IMPROVEMENT…101-3008-60431
59.61Tools/Equipment04/23-05/22/19 - TOOLSMAY'19980015809…LOWE'S HOME IMPROVEMENT…101-3008-60432
20.53Operating Supplies04/23-05/22/19 - HARDWAREMAY'19980015809…LOWE'S HOME IMPROVEMENT…101-7003-60420
21.48Operating Supplies04/23-05/22/19 - DUST MASKSMAY'19980015809…LOWE'S HOME IMPROVEMENT…101-7003-60420
53.68Operating Supplies04/23-05/22/19 - MAINT BAGSMAY'19980015809…LOWE'S HOME IMPROVEMENT…101-7003-60420
4.62Operating Supplies04/23-05/22/19 - SUNSCREENMAY'19980015809…LOWE'S HOME IMPROVEMENT…101-7003-60420
15.49Operating Supplies04/23-05/22/19 - GLOVESMAY'19980015809…LOWE'S HOME IMPROVEMENT…101-7003-60420
63.01Tools/Equipment04/23-05/22/19 - TOOLSMAY'19980015809…LOWE'S HOME IMPROVEMENT…101-7003-60432
3.00Cash Over/Short05/29/19 - LIC-767939 REFUND OVERPYM…R49628INNOVATION & DESIGN IN AR…101-0000-42300
50.00Cash Over/Short05/31/19 - LIC-0111576 REFUND OVERPY…R49701MGR CONCRETE, INC.101-0000-42300
30.00Cash Over/Short05/31/19 - LIC-0104654 REFUND OVERPY…R49710ESPINOZA, DAVID C.101-0000-42300
278.40Special Enforcement Funds06/05/19 - TICKET WRITER PAPERSGM13972MSA SYSTEMS INC 101-2001-60175
144,041.96Sheriff Patrol07/01/18-03/27/19 - ADJ BP1-BP10 POLIC…SH0000035222RIVERSIDE COUNTY SHERIFF D…101-2001-60161
801.67Police Overtime07/01/18-03/27/19 - ADJ BP1-BP10 POLIC…SH0000035222RIVERSIDE COUNTY SHERIFF D…101-2001-60162
30,847.57Target Team07/01/18-03/27/19 - ADJ BP1-BP10 POLIC…SH0000035222RIVERSIDE COUNTY SHERIFF D…101-2001-60163
8,941.68Community Services Officer07/01/18-03/27/19 - ADJ BP1-BP10 POLIC…SH0000035222RIVERSIDE COUNTY SHERIFF D…101-2001-60164
200.53Special Enforcement/Humana07/01/18-03/27/19 - ADJ BP1-BP10 POLIC…SH0000035222RIVERSIDE COUNTY SHERIFF D…101-2001-60165
3,649.80Gang Task Force07/01/18-03/27/19 - ADJ BP1-BP10 POLIC…SH0000035222RIVERSIDE COUNTY SHERIFF D…101-2001-60166
3,649.80Narcotics Task Force07/01/18-03/27/19 - ADJ BP1-BP10 POLIC…SH0000035222RIVERSIDE COUNTY SHERIFF D…101-2001-60167
19,821.40Motor Officer07/01/18-03/27/19 - ADJ BP1-BP10 POLIC…SH0000035222RIVERSIDE COUNTY SHERIFF D…101-2001-60169
9,966.13Dedicated Sargeants07/01/18-03/27/19 - ADJ BP1-BP10 POLIC…SH0000035222RIVERSIDE COUNTY SHERIFF D…101-2001-60170
5,484.75Dedicated Lieutenant07/01/18-03/27/19 - ADJ BP1-BP10 POLIC…SH0000035222RIVERSIDE COUNTY SHERIFF D…101-2001-60171
22,362.30Sheriff - Mileage07/01/18-03/27/19 - ADJ BP1-BP10 POLIC…SH0000035222RIVERSIDE COUNTY SHERIFF D…101-2001-60172
455.91Special Enforcement Funds07/01/18-03/27/19 - ADJ BP1-BP10 POLIC…SH0000035222RIVERSIDE COUNTY SHERIFF D…101-2001-60175
672,242.22Sheriff Patrol03/28-04/24/19 - BP11 POLICE SERVICESH0000035290RIVERSIDE COUNTY SHERIFF D…101-2001-60161
21,729.57Police Overtime03/28-04/24/19 - BP11 POLICE SERVICESH0000035290RIVERSIDE COUNTY SHERIFF D…101-2001-60162
156,020.16Target Team03/28-04/24/19 - BP11 POLICE SERVICESH0000035290RIVERSIDE COUNTY SHERIFF D…101-2001-60163
60,123.42Community Services Officer03/28-04/24/19 - BP11 POLICE SERVICESH0000035290RIVERSIDE COUNTY SHERIFF D…101-2001-60164
13,622.40Gang Task Force03/28-04/24/19 - BP11 POLICE SERVICESH0000035290RIVERSIDE COUNTY SHERIFF D…101-2001-60166
13,622.40Narcotics Task Force03/28-04/24/19 - BP11 POLICE SERVICESH0000035290RIVERSIDE COUNTY SHERIFF D…101-2001-60167
112,340.80Motor Officer03/28-04/24/19 - BP11 POLICE SERVICESH0000035290RIVERSIDE COUNTY SHERIFF D…101-2001-60169
37,207.80Dedicated Sargeants03/28-04/24/19 - BP11 POLICE SERVICESH0000035290RIVERSIDE COUNTY SHERIFF D…101-2001-60170
21,363.20Dedicated Lieutenant03/28-04/24/19 - BP11 POLICE SERVICESH0000035290RIVERSIDE COUNTY SHERIFF D…101-2001-60171
34,991.85Sheriff - Mileage03/28-04/24/19 - BP11 POLICE SERVICESH0000035290RIVERSIDE COUNTY SHERIFF D…101-2001-60172
4,272.96Special Enforcement Funds03/28-04/24/19 - BP11 POLICE SERVICESH0000035290RIVERSIDE COUNTY SHERIFF D…101-2001-60175
Fund 101 - GENERAL FUND Total:1,499,896.07
Fund: 201 - GAS TAX FUND
71.94Traffic Control Signs05/28/19 - TRAFFIC CONTROL SIGNS1075275TOPS'N BARRICADES INC 201-7003-60429
243.52Asphalt05/21/19 - ASPHALT2010252CALIFORNIA COMMERCIAL AS…201-7003-60430
148.86Safety Gear05/23/19 - SAFETY GEAR233862ASUMMIT SAFETY LLC 201-7003-60427
325.33Safety Gear05/31/19 - SAFETY VESTS233862BSUMMIT SAFETY LLC 201-7003-60427
31.92Materials/Supplies04/23-05/22/19 - SPRAY PAINTMAY'19980015809…LOWE'S HOME IMPROVEMENT…201-7003-60431
32.02Materials/Supplies04/23-05/22/19 - MAINT OBELISKMAY'19980015809…LOWE'S HOME IMPROVEMENT…201-7003-60431
25.83Materials/Supplies04/23-05/22/19 - MAINT OPERATIONSMAY'19980015809…LOWE'S HOME IMPROVEMENT…201-7003-60431
Fund 201 - GAS TAX FUND Total:879.42
Fund: 212 - SLESA (COPS) FUND
23.99COPS Robbery Prevention07/01/18-03/27/19 - ADJ BP1-BP10 POLIC…SH0000035222RIVERSIDE COUNTY SHERIFF D…212-0000-60178
138.05COPS Burglary/Theft Preventi…07/01/18-03/27/19 - ADJ BP1-BP10 POLIC…SH0000035222RIVERSIDE COUNTY SHERIFF D…212-0000-60179
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AmountVendor Name Payable Number Description (Item)Account Name Account Number
2,208.65COPS Robbery Prevention03/28-04/24/19 - BP11 POLICE SERVICESH0000035290RIVERSIDE COUNTY SHERIFF D…212-0000-60178
Fund 212 - SLESA (COPS) FUND Total:2,370.69
Fund: 215 - LIGHTING & LANDSCAPING FUND
4,100.15Administration04/19-06/19 STLIGHTING & LAND DIST 89…10-40886WILLDAN FINANCIAL SERVICES 215-7004-60102
154.54Tools/Equipment06/06/19 - CHAINS & BAR OIL189663MOWERS PLUS INC 215-7004-60432
1.62Materials/Supplies05/30/19 - BATTERY CLEANER5560019686AUTOZONE 215-7004-60431
29.35Materials/Supplies05/31/19 - ACETYLENE89788336PRAXAIR INC 215-7004-60431
990.00Maintenance/Services05/30/19 - SIGN LETTERING REPAIR91216BEST SIGNS INC 215-7004-60691
147.08Materials/Supplies05/24/19 - MATERIALI0530619ATCO MANUFACTURING COM…215-7004-60431
48.62Supplies-Graffiti and Vandalism04/23-05/22/19 - GRAFFITI REMOVALMAY'19980015809…LOWE'S HOME IMPROVEMENT…215-7004-60423
154.85Materials/Supplies04/25-05/22/19 - MAT'L OCOTILLO SIGNMAY'19980015809…LOWE'S HOME IMPROVEMENT…215-7004-60431
32.48Materials/Supplies04/23-05/22/19 - MAT'L OCOTILLO SIGNMAY'19980015809…LOWE'S HOME IMPROVEMENT…215-7004-60431
51.49Materials/Supplies04/23-05/22/19 - MATERIALSMAY'19980015809…LOWE'S HOME IMPROVEMENT…215-7004-60431
-66.99Materials/Supplies04/23-05/22/19 - MAT'L OCOTILLO SIGN …MAY'19980015809…LOWE'S HOME IMPROVEMENT…215-7004-60431
15.49Materials/Supplies04/23-05/22/19 - MAT'L OCOTILLO SIGNMAY'19980015809…LOWE'S HOME IMPROVEMENT…215-7004-60431
39.35Materials/Supplies04/23-05/22/19 - OCOTILLO SIGN REPAIRMAY'19980015809…LOWE'S HOME IMPROVEMENT…215-7004-60431
14.22Materials/Supplies04/23-05/22/19 - MAT'L OCOTILLO SIGNMAY'19980015809…LOWE'S HOME IMPROVEMENT…215-7004-60431
40.87Materials/Supplies04/23-05/22/19 - OCOTILLO SIGNMAY'19980015809…LOWE'S HOME IMPROVEMENT…215-7004-60431
51.61Tools/Equipment04/23-05/22/19 - SHOP WORKHORSEMAY'19980015809…LOWE'S HOME IMPROVEMENT…215-7004-60432
25.83Electric - Medians - Utilities06/05/19 - ELECTRICITY SERVICEPW211IMPERIAL IRRIGATION DIST 215-7004-61117
87.32Water - Medians - Utilities06/05/19 - WATER SERVICEPWW191COACHELLA VALLEY WATER DI…215-7004-61211
126.07Operating Supplies05/29/19 - PLANTS REPLACEMENTREG001-11834VINTAGE ASSOCIATES 215-7004-60420
Fund 215 - LIGHTING & LANDSCAPING FUND Total:6,043.95
Fund: 270 - ART IN PUBLIC PLACES FUND
700.00APP Maintenance05/2019 ART CONSULTANT SERVICESLQ2248LEBASSE PROJECTS INTERNATI…270-0000-60683
Fund 270 - ART IN PUBLIC PLACES FUND Total:700.00
Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS
324.00Construction05/01/19 - HAND HELD RADIOS16793ANDERSON COMMUNICATION…401-0000-60188
5.32Construction04/23-05/22/19 - COTTER PINS FOR ISNSMAY'19980015809…LOWE'S HOME IMPROVEMENT…401-0000-60188
173.15Construction05/29/19 - WIRE & TAPES113210313.001WALTERS WHOLESALE ELECTR…401-0000-60188
50.06Construction05/29/19 - ELECTRICAL SUPPLIESS113214948.001WALTERS WHOLESALE ELECTR…401-0000-60188
Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total:552.53
Fund: 501 - FACILITY & FLEET REPLACEMENT
2,399.12Fuel & Oil05/16-05/31/19 - VEHICLE FUEL1315TOWER ENERGY GROUP 501-0000-60674
470.84Vehicle Repair & Maintenance05/30/19 - BATTERIES REPLACEMENT4949320BATTERY SYSTEMS 501-0000-60676
1,447.08Fuel & Oil05/2019 - FUEL CHARGESNP56252716FUELMAN 501-0000-60674
Fund 501 - FACILITY & FLEET REPLACEMENT Total:4,317.04
Fund: 502 - INFORMATION TECHNOLOGY
150.00Copiers05/22/19 PRINTER PARTS207328INNOVATIVE DOCUMENT SOL…502-0000-60662
68.77Cable - Utilities01/12-02/11/19 - CITY YARD CABLE (4080)504080010219TIME WARNER CABLE 502-0000-61400
244.22Cable - Utilities05/24-06/23/19 - WC CABLE (4601)504601052419TIME WARNER CABLE 502-0000-61400
441.47Comm. Resources, Software E…06/03/19 - SURFACE DOCK & ITEMSB10063449SHI INTERNATIONAL CORP.502-0000-71043
1,791.82Computers06/04/19 - SURFACE PROB10066177SHI INTERNATIONAL CORP.502-0000-80103
85.98Cable - Utilities05/25-06/24/19 - CITY HALL INTERNETJUN'191693171FRONTIER COMMUNICATIONS…502-0000-61400
50.98Cable - Utilities05/27-06/26-19 - BLACKHAWK/LQ PARK D…JUN'193604861FRONTIER COMMUNICATIONS…502-0000-61400
55.98Cable - Utilities05/26-6-25/19 - CITY HALL DSLJUN'197712842FRONTIER COMMUNICATIONS…502-0000-61400
120.00Consultants06/04/19 - COUNCIL MTG VIDEOPR635-0619DESERT C.A.M INC 502-0000-60104
Fund 502 - INFORMATION TECHNOLOGY Total:3,009.22
Fund: 504 - INSURANCE FUND
150.00Prepaid ExpenseFY 19/20 ANNUAL MEMBERSHIP 504-1010…96800PUBLIC AGENCY RISK MANAG…504-0000-13600
Fund 504 - INSURANCE FUND Total:150.00
Fund: 601 - SILVERROCK RESORT
648.65Bank Fees06/2019 - SRR ARMORED SERVICES10489828GARDAWORLD 601-0000-60455
4,582.60Repair & Maintenance05/30/19 - SRR TRASH CANS (12)44736JF MANUFACTURING, INC.601-0000-60660
Fund 601 - SILVERROCK RESORT Total:5,231.25
Grand Total:1,523,150.17
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Fund Summary
Fund Expense Amount
101 - GENERAL FUND 1,499,896.07
201 - GAS TAX FUND 879.42
212 - SLESA (COPS) FUND 2,370.69
215 - LIGHTING & LANDSCAPING FUND 6,043.95
270 - ART IN PUBLIC PLACES FUND 700.00
401 - CAPITAL IMPROVEMENT PROGRAMS 552.53
501 - FACILITY & FLEET REPLACEMENT 4,317.04
502 - INFORMATION TECHNOLOGY 3,009.22
504 - INSURANCE FUND 150.00
601 - SILVERROCK RESORT 5,231.25
Grand Total:1,523,150.17
Account Summary
Account Number Account Name Expense Amount
101-0000-13600 Prepaid Expense 528.00
101-0000-20304 Sales Taxes Payable -56.06
101-0000-20305 Due to SunLine 1,918.00
101-0000-20306 BSAS SB 1473 Fees 3,000.00
101-0000-20949 LT Care Insurance Pay 196.05
101-0000-20981 United Way Deductions 92.00
101-0000-20985 Garnishments Payable 1,044.85
101-0000-42200 Leisure Enrichment 37.50
101-0000-42300 Cash Over/Short 83.00
101-0000-42301 Miscellaneous Revenue -160.75
101-0000-42615 CBSC Administrative Fees -300.00
101-1004-60103 Professional Services 1,181.25
101-1004-60104 Consultants 210.00
101-1004-60125 Temporary Agency Servic…706.03
101-1004-60129 Recruiting/Pre-Employme…95.00
101-1004-60400 Office Supplies 88.04
101-1006-60103 Professional Services 124.70
101-1006-60320 Travel & Training 343.21
101-1006-60410 Printing 38.05
101-1007-60403 Citywide Conf Room Suppl…355.79
101-1007-74010 Land Acquisition 3,845.00
101-2001-60161 Sheriff Patrol 816,284.18
101-2001-60162 Police Overtime 22,531.24
101-2001-60163 Target Team 186,867.73
101-2001-60164 Community Services Offic…69,065.10
101-2001-60165 Special Enforcement/Hu…200.53
101-2001-60166 Gang Task Force 17,272.20
101-2001-60167 Narcotics Task Force 17,272.20
101-2001-60169 Motor Officer 132,162.20
101-2001-60170 Dedicated Sargeants 47,173.93
101-2001-60171 Dedicated Lieutenant 26,847.95
101-2001-60172 Sheriff - Mileage 57,354.15
101-2001-60174 Blood/Alcohol Testing 55.00
101-2001-60175 Special Enforcement Funds 26,656.27
101-2001-60420 Operating Supplies 787.96
101-3001-60510 Grants & Economic Devel…25,500.00
101-3002-60420 Operating Supplies 680.00
101-3003-60122 Credit Card Fees 20.00
101-3005-60423 Supplies-Graffiti and Van…160.54
101-3005-61207 Water -Pioneer Park - Utili…924.53
101-3005-61300 Telephone - Utilities 36.36
101-3008-60431 Materials/Supplies 124.99
101-3008-60432 Tools/Equipment 59.61
101-6001-60102 Administration 20.00
101-6001-60104 Consultants 6,223.75
40
Demand Register Packet: APPKT02014 - BC 06/14/19
6/13/2019 8:07:44 PM Page 5 of 5
Account Summary
Account Number Account Name Expense Amount
101-6001-60320 Travel & Training 112.84
101-6001-60400 Office Supplies 719.38
101-6003-60320 Travel & Training 115.00
101-6004-60125 Temporary Agency Servic…762.24
101-6004-60425 Supplies - Field 1,330.92
101-6006-60125 Temporary Agency Servic…930.81
101-7002-60103 Professional Services 23,041.06
101-7003-60351 Membership Dues 25.00
101-7003-60420 Operating Supplies 115.80
101-7003-60429 Signs 4,179.50
101-7003-60432 Tools/Equipment 913.44
201-7003-60427 Safety Gear 474.19
201-7003-60429 Traffic Control Signs 71.94
201-7003-60430 Asphalt 243.52
201-7003-60431 Materials/Supplies 89.77
212-0000-60178 COPS Robbery Prevention 2,232.64
212-0000-60179 COPS Burglary/Theft Prev…138.05
215-7004-60102 Administration 4,100.15
215-7004-60420 Operating Supplies 126.07
215-7004-60423 Supplies-Graffiti and Van…48.62
215-7004-60431 Materials/Supplies 459.81
215-7004-60432 Tools/Equipment 206.15
215-7004-60691 Maintenance/Services 990.00
215-7004-61117 Electric - Medians - Utiliti…25.83
215-7004-61211 Water - Medians - Utilities 87.32
270-0000-60683 APP Maintenance 700.00
401-0000-60188 Construction 552.53
501-0000-60674 Fuel & Oil 3,846.20
501-0000-60676 Vehicle Repair & Mainte…470.84
502-0000-60104 Consultants 120.00
502-0000-60662 Copiers 150.00
502-0000-61400 Cable - Utilities 505.93
502-0000-71043 Comm. Resources, Softwa…441.47
502-0000-80103 Computers 1,791.82
504-0000-13600 Prepaid Expense 150.00
601-0000-60455 Bank Fees 648.65
601-0000-60660 Repair & Maintenance 4,582.60
Grand Total:1,523,150.17
Project Account Summary
Project Account Key Expense Amount
**None**1,477,907.58
1819TMICT 552.53
CSA152E 23,041.06
MATRIXE 21,649.00
Grand Total:1,523,150.17
41
4~ City of La Quinta
Vendor Name Payable Number Description (Item)
Fund : 101 -GENERAL FUND
BELTRAN CONSTRUCT ION 061319 05/31/19 COUNTER TOPS DEPOSIT
6/13/2019 8:37:54 PM
Account Name
Demand Register
Packet: APPKT02017 -BC 06/14/19
Account Number Amount
Build i ng Improvements 101-2002-72110 3,517 .85
Fund 101-GENERAL FUND Total : 3,517.85
Grand Total : 3,517 .85
/
Page 1 of 2 42
Demand Register
6/13/2019 8:37:54 PM
Fund
101 -GENERAL FUND
Account Number
101-2002-72110
Project Account Key
201835E
Fund Summary
Grand Total :
Account Summary
Account Name
Building Im pro vements
Grand Total :
Project Account Summary
Grand Total :
Expense Amount
3,517.85
3,517.85
Expense Amount
3,517 .85
3,517 .85
Expense Amount
3,517 .85
3,517.85
Packet: APPKT02017 -BC 06/14/19
Page 2 of 2 43
6/21/2019 3:14:37 PM Page 1 of 8
Demand Register
City of La Quinta Packet: APPKT02027 - BC 06/21/19
AmountVendor Name Payable Number Description (Item)Account Name Account Number
Fund: 101 - GENERAL FUND
89.50Maintenance/Services05/23/19052319SOUTHLAND APLIANCE SERVICE 101-3008-60691
1,409.40Employee Recognition Events06/05/19 - ALL HANDS BREAKFAST061819COACHELLA VALLEY CATERING…101-1004-60340
13,326.00MSHCP Mitigation Fee05/2019 - MSHCP FEES062019COACHELLA VALLEY CONSERV…101-0000-20310
-133.26CVMSHCP Admin Fee05/2019 - MSHCP FEES062019COACHELLA VALLEY CONSERV…101-0000-43631
2,100.00Fire Service Costs06/20/19 - FS #70 MEAL PER DIEM062019RALPHS 101-2002-60139
40.00Wellness Center Leisure Enric…05/07/19 - REFUND DUP CHARGE112129LANGNER, LARRY 101-0000-42214
6,820.00Consultants05/2019 CIP DEV/MEASURE A 5YR CIP13 JOB 2018-02NAI CONSULTING INC 101-7006-60104
3,000.00Consultants04/04/19 - HOTEL PROJ PLANNING REVIEW1803ARANGWALA ASSOCIATES 101-6001-60104
85.00HVAC06/05/19 - CITY HALL HVAC SVC18149793HYDE'S AC 101-3008-60667
3,973.00HVAC06/05/19 - CITY HALL HVAC SVC18164141HYDE'S AC 101-3008-60667
600.00Lot Cleaning/Gravel Program06/06/19 - WEED ABATEMENT 774-141-0…18-2274HERNANDEZ, ADAN 101-6004-60120
137.48PM 10 - Dust Control06/10-07/07/19 - PM10 ANSWERING SERV…190602190101ANSAFONE CONTACT CENTERS 101-7006-60146
214.08Fritz Burns Pool06/04/19 - FB POOL BANNERS19-31819XPRESS GRAPHICS 101-3005-60184
6,213.91School Officer03/28-04/24/19 - BP #11 SCHOOL RESOU…2019/1272DESERT SANDS UNIFIED SCHO…101-2001-60168
1,732.80School Officer03/28-04/24/19 - BP #1-10 ADJ SCHOOL R…2019/1272DESERT SANDS UNIFIED SCHO…101-2001-60168
54.50Recruiting/Pre-Employment05/2019 - PRE EMPLOYMENT BACKGROU…2019050001IRC INC 101-1004-60129
167.60Maintenance/Services05/30/19 - OLD 32 WINDOW23180HENRY'S GLASS COMPANY 101-3008-60691
10.50Cable - Utilities06/05-07/04/19 - FS #32 CABLE (1841)231841060519TIME WARNER CABLE 101-2002-61400
-42.00Sales Taxes Payable06/06/19 - SAFETY GEAR SALES TAX244599IMPERIAL HEADWEAR INC 101-0000-20304
271.88Safety Gear06/06/19 - SAFETY GEAR244599IMPERIAL HEADWEAR INC 101-3005-60427
280.01Safety Gear06/06/19 - SAFETY GEAR244599IMPERIAL HEADWEAR INC 101-3008-60427
-144.69Sales Taxes Payable06/07/19 - UNIFORMS SALES TAX244814IMPERIAL HEADWEAR INC 101-0000-20304
273.53Uniforms06/07/19 - UNIFORMS244814IMPERIAL HEADWEAR INC 101-3008-60690
35,851.00Landscape Contract06/2019 CONSERVE - PARKS MAINTENAN…25903CONSERVE LANDCARE 101-3005-60112
594.46Fire Extinguisher/First Aid Serv…05/15/19 - FIRE EXT SVC - CH WC PARKS259195DESERT FIRE EXTINGUISHER C…101-3008-60664
232.59Fire Extinguisher/First Aid Serv…05/15/19 - FIRE EXT SVC - PW YARD259196DESERT FIRE EXTINGUISHER C…101-3008-60664
557.89Fire Extinguisher/First Aid Serv…05/15/19 - FIRE EXT SVC - PW YARD259197DESERT FIRE EXTINGUISHER C…101-3008-60664
46,640.14Professional Services05/15/19 - ELECTIONS 20182737COUNTY OF RIVERSIDE 101-1005-60103
8.57Operating Supplies05/21/19 - OP SUPPLIES317895701001OFFICE DEPOT 101-1005-60420
32.54Office Supplies06/05/19 - OFFICE SUPPLIES324688962001OFFICE DEPOT 101-1005-60400
7.05Office Supplies06/07/19 - OFFICE SUPPLIES325974136001OFFICE DEPOT 101-1005-60400
27.67Office Supplies06/10/19 - OFFICE SUPPLIES326714739001OFFICE DEPOT 101-1005-60400
374.37Materials/Supplies05/15/19 - CITY HALL MATERIALS3298-408868CONSOLIDATED ELECTRICAL DI…101-3008-60431
38.39Office Supplies06/05/19 - OFFICE SUPPLIES3416010490STAPLES ADVANTAGE 101-2002-60400
120.08Office Supplies06/05/19 - OFFICE SUPPLIES3416010490STAPLES ADVANTAGE 101-6004-60400
327.26Forms, Copier Paper06/05/19 - COPY PAPER 8 1/2 X 113416010491STAPLES ADVANTAGE 101-1007-60402
22.00Recruiting/Pre-Employment06/06/19 - BLDG INSPEC JOB POST3554CALIFORNIA BUILDING OFFICI…101-1004-60129
133.07Operating Supplies06/13/19 - CITY SHIRTS510131486MISSION LINEN SUPPLY 101-1005-60420
880.50Temporary Agency Services06/07/19 - HR TEMP SVCS A LISTON53642456OFFICE TEAM 101-1004-60125
997.91Temporary Agency Services06/14/19 - HR TEMP SVCS A LISTON53679940OFFICE TEAM 101-1004-60125
255.00Sheriff - Other06/06/19 - POLICE TOW LA19131004954987CLASSIC AUTO TRANSPORT 101-2001-60176
84.99Cable - Utilities06/03-07/02/19 - FS #93 INTERNET (3514)583514060319TIME WARNER CABLE 101-2002-61400
84.99Cable - Utilities05/29-06/28/19 - FS #32 INTERNET (6491)586491060119TIME WARNER CABLE 101-2002-61400
140.18Materials/Supplies06/11/19 - DESERT PRIDE SWING POSTS6380-2THE SHERWIN-WILLIAMS CO.101-3005-60431
70.00Pest Control05/22/19 - WC PEST CONTROL660206184TRULY NOLEN INC 101-3008-60116
78.00Pest Control05/29/19 - CITY HALL PEST CONTROL660206285TRULY NOLEN INC 101-3008-60116
47.00Pest Control05/29/19 - PW YARD PEST CONTROL660206351TRULY NOLEN INC 101-3008-60116
24,796.41Marketing & Tourism Promoti…MAY-JUN 2019 PRINT & DIGITAL MARKET…6889JNS MEDIA SPECIALISTS 101-3007-60461
332.50Maintenance/Services05/30/19 - CITY HALL LED PANELS73018VINTAGE E & S INC 101-3008-60691
414.42Security & Alarm06/07/19 - LQ PARK ALARM SVC & ROUTER76722ALARM MONITORING SERVICE…101-3008-60123
23,050.00Professional ServicesPUBLIC OPINION RESEARCH - CITY-WIDE C…8-3317PROBOLSKY RESEARCH LLC 101-2001-60103
1,564.97Security & Alarm05/31/19 - CITY HALL REPLACE 33AH BATT…85897722JOHNSON CONTROLS FIRE PR…101-3008-60123
42.52Postage06/01/19 - OVERNIGHT MAIL8936091ONTRAC 101-1007-60470
44
Demand Register Packet: APPKT02027 - BC 06/21/19
6/21/2019 3:14:37 PM Page 2 of 8
AmountVendor Name Payable Number Description (Item)Account Name Account Number
77.37Mobile/Cell Phones/Satellites05/2019 - SATELLITE PHONES9051298258NI GOVERNMENT SERVICES INC 101-2002-61304
1,111.29Telephone - Utilities04/26-05/25/19 - LQPD CELL SVC (6852)9830859769VERIZON WIRELESS 101-2001-61300
2,000.00Sexual Assault Exam Fees04/13/19 - LA191030002 04/28/19 - LA19…APR'19700000132EISENHOWER MEDICAL CENTER 101-2001-60193
26.51Materials/Supplies06/10/19 - FB POOL KEYSBB00532676LOCK SHOP INC, THE 101-3005-60431
153.00False Alarm Fees - Fire06/18/19 - REIMB CITATIONS DISMISSEDCE-18-2564ASHMORE, PD AND NANCY 101-0000-42710
105.98Water - Utilities06/11/19 - WATER SERVICECSW212COACHELLA VALLEY WATER DI…101-2002-61200
16.96Water - Utilities06/11/19 - WATER SERVICECSW212COACHELLA VALLEY WATER DI…101-3008-61200
599.59Water - Utilities06/14/19 - WATER SERVICECSW213COACHELLA VALLEY WATER DI…101-2002-61200
3,442.47Water -Monticello Park - Utiliti…06/14/19 - WATER SERVICECSW213COACHELLA VALLEY WATER DI…101-3005-61201
107.51Water -Fritz Burns Park - Utiliti…06/14/19 - WATER SERVICECSW213COACHELLA VALLEY WATER DI…101-3005-61204
19.60Water -Seasons Park - Utilities06/14/19 - WATER SERVICECSW213COACHELLA VALLEY WATER DI…101-3005-61208
217.51Water -Community Park - Utilit…06/14/19 - WATER SERVICECSW213COACHELLA VALLEY WATER DI…101-3005-61209
104.36Water - Utilities06/14/19 - WATER SERVICECSW213COACHELLA VALLEY WATER DI…101-3008-61200
447.00HVAC04/24/19 - CITY HALL HVAC SVCI30530PACIFIC WEST AIR CONDITION…101-3008-60667
1,444.28HVAC05/27/19 - WC HVAC SVCI30601PACIFIC WEST AIR CONDITION…101-3008-60667
873.33Maintenance/Services05/27/19 - FS #32 HVAC SVCI30662PACIFIC WEST AIR CONDITION…101-2002-60691
4,272.94HVAC05/31/19 - CITY HALL HVAC SVCI30684PACIFIC WEST AIR CONDITION…101-3008-60667
447.00HVAC05/31/19 - CITY HALL HVAC SVCI30860PACIFIC WEST AIR CONDITION…101-3008-60667
238.77Operating Supplies06/10/19 - WC FITPASS CARDS & INKINV6283007ALPHA CARD 101-3002-60420
61.99Gas - Utilities04/29-05/29/19 - FS #93 GAS SVCMAY'19165682485…GAS COMPANY, THE 101-2002-61100
130.45Community Special Events05/07-05/22/19 - COMM OPEN HSE FLOW…MAY'196413WELLS FARGO BUSINESS CARD 101-1001-60137
402.02Travel & Training05/07-05/22/19 - LEAGUE 6/14 SANCHEZ …MAY'196413WELLS FARGO BUSINESS CARD 101-1001-60320
401.80Travel & Training05/07-05/22/19 - LEAGUE 6/12 PENA HOT…MAY'196413WELLS FARGO BUSINESS CARD 101-1001-60320
285.96Travel & Training05/07-05/22/19 - LEAGUE 6/12 PENA AIRMAY'196413WELLS FARGO BUSINESS CARD 101-1001-60320
293.96Travel & Training05/07-05/22/19 - LEAGUE 6/14 SANCHEZ …MAY'196413WELLS FARGO BUSINESS CARD 101-1001-60320
157.69Travel & Training05/07-05/22/19 - CITY COUNCIL MTG 05/…MAY'196413WELLS FARGO BUSINESS CARD 101-1001-60320
39.13Travel & Training05/07-05/22/19 - CM MTG IID DISCUSSIONMAY'196413WELLS FARGO BUSINESS CARD 101-1002-60320
75.79Recruiting/Pre-Employment05/07-05/22/19 - CM RECRUIT 2ND INTER…MAY'196413WELLS FARGO BUSINESS CARD 101-1004-60129
-2.45Sales Taxes Payable04/30-05/29/19 - GO PRO ACCESSORIES S…MAY'197143WELLS FARGO BUSINESS CARD 101-0000-20304
-0.96Sales Taxes Payable04/30-05/29/19 - SUPPLIES MKTG SALES T…MAY'197143WELLS FARGO BUSINESS CARD 101-0000-20304
-1.27Sales Taxes Payable04/30-05/29/19 - HIGHLIGHTERS SALES T…MAY'197143WELLS FARGO BUSINESS CARD 101-0000-20304
-30.10Sales Taxes Payable04/30-05/29/19 - PRINTER HEAD IT SALES …MAY'197143WELLS FARGO BUSINESS CARD 101-0000-20304
-31.33Sales Taxes Payable04/30-05/29/19 - GO PRO MARKETING SA…MAY'197143WELLS FARGO BUSINESS CARD 101-0000-20304
-2.09Sales Taxes Payable04/30-05/29/19 - FS #93 AIR CHUCK SALES…MAY'197143WELLS FARGO BUSINESS CARD 101-0000-20304
-6.13Sales Taxes Payable04/30-05/29/19 - IT CARTRIDGE SALES TAXMAY'197143WELLS FARGO BUSINESS CARD 101-0000-20304
-2.47Sales Taxes Payable04/30-05/29/19 - MONITOR STAND SALES…MAY'197143WELLS FARGO BUSINESS CARD 101-0000-20304
-4.36Sales Taxes Payable04/30-05/29/19 - CAMERA TRIPOD SALES …MAY'197143WELLS FARGO BUSINESS CARD 101-0000-20304
-29.28Sales Taxes Payable04/30-05/29/19 - WATER FTN BUBBLERS …MAY'197143WELLS FARGO BUSINESS CARD 101-0000-20304
150.00Recruiting/Pre-Employment04/30-05/29/19 - ASSOC PLANNER JOB PO…MAY'197143WELLS FARGO BUSINESS CARD 101-1004-60129
94.45Recruiting/Pre-Employment04/30-05/29/19 - CC ADMIN ASST INTERV…MAY'197143WELLS FARGO BUSINESS CARD 101-1004-60129
75.88Recruiting/Pre-Employment04/30-05/29/19 - JR ACCT INTERVIEW PA…MAY'197143WELLS FARGO BUSINESS CARD 101-1004-60129
40.00Recruiting/Pre-Employment04/30-05/29/19 - JOB AD UPGR BLDG INSP…MAY'197143WELLS FARGO BUSINESS CARD 101-1004-60129
47.96Travel & Training04/30-05/29/19 - HARASSMENT TRAINING…MAY'197143WELLS FARGO BUSINESS CARD 101-1004-60320
152.25Travel & Training04/30-05/29/19 - LINKS GRAD BOOKSMAY'197143WELLS FARGO BUSINESS CARD 101-1004-60320
55.04Travel & Training04/30-05/29/19 - HARASSMENT TRAINING…MAY'197143WELLS FARGO BUSINESS CARD 101-1004-60320
357.00Travel & Training04/30-05/29/19 - CPR TRAINING LUNCH 0…MAY'197143WELLS FARGO BUSINESS CARD 101-1004-60320
810.00Travel & Training04/30-05/29/19 - TOASTMASTER MEMBE…MAY'197143WELLS FARGO BUSINESS CARD 101-1004-60320
82.21Travel & Training04/30-05/29/19 - TRAINING SNACKSMAY'197143WELLS FARGO BUSINESS CARD 101-1004-60320
189.00Membership Dues04/30-05/29/19 - MEMBERSHIP 06/2019-…MAY'197143WELLS FARGO BUSINESS CARD 101-1004-60351
758.64Travel & Training04/30-05/29/19 - GFOA CONF HOTEL MA…MAY'197143WELLS FARGO BUSINESS CARD 101-1006-60320
199.00Travel & Training04/30-05/29/19 - PRYOR SEMINARS B CH…MAY'197143WELLS FARGO BUSINESS CARD 101-1006-60320
758.64Travel & Training04/30-05/29/19 - GFOA CONF HOTEL BLO…MAY'197143WELLS FARGO BUSINESS CARD 101-1006-60320
65.14Office Supplies04/30-05/29/19 - ITEMS LINKS PRESENTAT…MAY'197143WELLS FARGO BUSINESS CARD 101-1006-60400
15.75Office Supplies04/30-05/29/19 - HIGHLIGHTERSMAY'197143WELLS FARGO BUSINESS CARD 101-1006-60400
-15,000.00Operating Supplies04/30-05/29/19 - REVERSE BANK DRAFT R…MAY'197143WELLS FARGO BUSINESS CARD 101-1006-60420
282.06LQ Police Volunteers04/30-05/29/19 - POLICE TRAINING HOTEL…MAY'197143WELLS FARGO BUSINESS CARD 101-2001-60109
550.00LQ Police Volunteers04/30-05/29/19 - POLICE SEMINAR FOSTE…MAY'197143WELLS FARGO BUSINESS CARD 101-2001-60109
282.06LQ Police Volunteers04/30-05/29/19 - POLICE TRAINING HOTEL…MAY'197143WELLS FARGO BUSINESS CARD 101-2001-60109
1,010.70Operating Supplies04/30-05/29/19 - CHAIRS FOR POLICEMAY'197143WELLS FARGO BUSINESS CARD 101-2001-60420
66.74Volunteers - Fire04/30-05/29/19 - CERT MTG SNACKSMAY'197143WELLS FARGO BUSINESS CARD 101-2002-60110
45
Demand Register Packet: APPKT02027 - BC 06/21/19
6/21/2019 3:14:37 PM Page 3 of 8
AmountVendor Name Payable Number Description (Item)Account Name Account Number
25.99Fire Station04/30-05/29/19 - FS #93 AIR CHUCKMAY'197143WELLS FARGO BUSINESS CARD 101-2002-60670
151.92Maintenance/Services04/30-05/29/19 - FS #93 APPLIANCE PARTSMAY'197143WELLS FARGO BUSINESS CARD 101-2002-60691
28.22Community Experiences04/30-05/29/19 - SOMBREROSMAY'197143WELLS FARGO BUSINESS CARD 101-3003-60149
50.00Community Experiences04/30-05/29/19 - BUNNY COSTUME CLEA…MAY'197143WELLS FARGO BUSINESS CARD 101-3003-60149
86.98Community Experiences04/30-05/29/19 - CANOPY WEIGHTS EVEN…MAY'197143WELLS FARGO BUSINESS CARD 101-3003-60149
21.74Community Experiences04/30-05/29/19 - MICROPHONE CABLE EV…MAY'197143WELLS FARGO BUSINESS CARD 101-3003-60149
340.90Community Experiences04/30-05/29/19 - GOLF CLUBS TOURMAY'197143WELLS FARGO BUSINESS CARD 101-3003-60149
377.21Community Experiences04/30-05/29/19 - SUMMER GOLF TOUR B…MAY'197143WELLS FARGO BUSINESS CARD 101-3003-60149
372.46Supplies-Graffiti and Vandalism04/30-05/29/19 - WATER FOUNTAIN BUB…MAY'197143WELLS FARGO BUSINESS CARD 101-3005-60423
312.91Materials/Supplies04/30-05/29/19 - FLOWERS COURTYARDMAY'197143WELLS FARGO BUSINESS CARD 101-3005-60431
1,188.00Membership Dues04/30-05/29/19 - SOCIAL SCHEDULING T…MAY'197143WELLS FARGO BUSINESS CARD 101-3007-60351
75.00Membership Dues04/30-05/29/19 - 06/2019 MAILCHIMPMAY'197143WELLS FARGO BUSINESS CARD 101-3007-60351
75.00Membership Dues04/30-05/29/19 - 05/2019 MAILCHIMPMAY'197143WELLS FARGO BUSINESS CARD 101-3007-60351
54.18Operating Supplies04/30-05/29/19 - CAMERA TRIPODMAY'197143WELLS FARGO BUSINESS CARD 101-3007-60420
43.49Operating Supplies04/30-05/29/19 - SUPPLIES MKTGMAY'197143WELLS FARGO BUSINESS CARD 101-3007-60420
70.02Operating Supplies04/30-05/29/19 - GO PRO ACCESSORIESMAY'197143WELLS FARGO BUSINESS CARD 101-3007-60420
38.05Operating Supplies04/30-05/29/19 - SUPPLIES MKTGMAY'197143WELLS FARGO BUSINESS CARD 101-3007-60420
389.33Operating Supplies04/30-05/29/19 - GO PRO MARKETINGMAY'197143WELLS FARGO BUSINESS CARD 101-3007-60420
52.63Operating Supplies04/30-05/29/19 - GO PRO ACCESSORIESMAY'197143WELLS FARGO BUSINESS CARD 101-3007-60420
47.84Operating Supplies04/30-05/29/19 - GO PRO ACCESSORIESMAY'197143WELLS FARGO BUSINESS CARD 101-3007-60420
95.70Operating Supplies04/30-05/29/19 - WORK PHONE CASEMAY'197143WELLS FARGO BUSINESS CARD 101-3007-60420
58.68Travel & Training04/30-05/29/19 - APWA LUNCHEONMAY'197143WELLS FARGO BUSINESS CARD 101-6001-60320
47.26Travel & Training04/30-05/29/19 - HWY 111 CORRIDOR M…MAY'197143WELLS FARGO BUSINESS CARD 101-6001-60320
29.34Travel & Training04/30-05/29/19 - APWA LUNCHEONMAY'197143WELLS FARGO BUSINESS CARD 101-6002-60320
215.00Membership Dues04/30-05/29/19 - CALBO MEMBERSHIP JWMAY'197143WELLS FARGO BUSINESS CARD 101-6003-60351
268.48Travel & Training04/30-05/29/19 - APWA/IE WORKSHOPMAY'197143WELLS FARGO BUSINESS CARD 101-7002-60320
58.68Travel & Training04/30-05/29/19 - APWA LUNCHEONMAY'197143WELLS FARGO BUSINESS CARD 101-7006-60320
323.93Water -Desert Pride - Utilities06/14/19 - WATER SERVICEPWW193COACHELLA VALLEY WATER DI…101-3005-61206
36.06PM 10 - Dust Control06/14/19 - WATER SERVICEPWW193COACHELLA VALLEY WATER DI…101-7006-60146
75.00Cash Over/Short06/06/19 - LIC-767908 REFUND OVERPYM…R49837PRESTON KING CHILDREN'S 101-0000-42300
100.00Cash Over/Short06/06/19 - LIC-0111659 REFUND OVERPY…R49885DOLLAR TREE STORES, INC 101-0000-42300
51.00Cash Over/Short06/11/19 - LIC-0101261 REFUND OVERPY…R50035HOLLAND GLASS AND MIRROR 101-0000-42300
34.00Cash Over/Short06/11/19 - LIC-767947 REFUND OVERPYM…R50048ALI AMIRKHAN AND JEFF A PE…101-0000-42300
186.21Materials/Supplies05/30/19 - CITY HALL MATERIALSS2644659.001DESERT ELECTRIC SUPPLY 101-3008-60431
492.95Sheriff - Other04/25-05/24/19 - COPS FUELSH0000035440RIVERSIDE COUNTY SHERIFF D…101-2001-60176
345.00Professional Services02/01-03/31/19 TRAFFIC ANALYSIS - DUNE…TN1198114TERRA NOVA PLANNING & RE…101-6002-60103
5,984.20Professional Services02/01-03/31/19 FY 18/19 ON-CALL PLANN…TN1198114ATERRA NOVA PLANNING & RE…101-6002-60103
4,328.39Professional Services04/2019 FY 18/19 ON-CALL PLANNING SE…TN1198115TERRA NOVA PLANNING & RE…101-6002-60103
3,795.00Professional ServicesFY 18/19 ON-CALL PLANNING SERVICESTN1198116TERRA NOVA PLANNING & RE…101-6002-60103
Fund 101 - GENERAL FUND Total:207,098.80
Fund: 201 - GAS TAX FUND
742.50Professional Services05/2019 FRITZ BURNS PARK-SIDEWALK & …13 JOB 2018-02NAI CONSULTING INC 201-7003-60103
24.08Materials/Supplies06/2019 - CA STATE FEE DIG ALERT18DSBFEE2713UNDERGROUND SERVICE ALERT 201-7003-60431
44.65Materials/Supplies06/01/19 - DIG ALERT FEES520190376UNDERGROUND SERVICE ALERT 201-7003-60431
-440.00Equipment Rental04/30-05/29/19 - CONCRETE MIXER RENT…MAY'197143WELLS FARGO BUSINESS CARD 201-7003-61701
632.31Equipment Rental04/30-05/29/19 - CONCRETE MIXER RENT…MAY'197143WELLS FARGO BUSINESS CARD 201-7003-61701
-440.00Equipment Rental04/30-05/29/19 - CONCRETE MIXER RENT…MAY'197143WELLS FARGO BUSINESS CARD 201-7003-61701
609.52Equipment Rental04/30-05/29/19 - CONCRETE MIXER RENT…MAY'197143WELLS FARGO BUSINESS CARD 201-7003-61701
Fund 201 - GAS TAX FUND Total:1,173.06
Fund: 202 - LIBRARY & MUSEUM FUND
1,339.94Maintenance/Services04/11/19 - LIBRARY MAINT SVCS114988DOOR TECH, LLC 202-3004-60691
417.65Maintenance/Services06/05/19 - LUMBAR YARD WINDOW23203HENRY'S GLASS COMPANY 202-3006-60691
2,086.00Landscape Contract06/2019 CONSERVE - PARKS MAINTENAN…25903CONSERVE LANDCARE 202-3004-60112
1,169.00Landscape Contract06/2019 CONSERVE - PARKS MAINTENAN…25903CONSERVE LANDCARE 202-3006-60112
127.61Fire Extinguisher Service05/15/19 - FIRE EXT SVC - LIBRARY259198DESERT FIRE EXTINGUISHER C…202-3004-60664
124.89Fire Extinguisher Service05/15/19 - FIRE EXT SVC - MUSEUM259199DESERT FIRE EXTINGUISHER C…202-3006-60664
49.00Pest Control05/29/19 - MUSEUM PEST CONTROL660206237TRULY NOLEN INC 202-3006-60116
9.67Maintenance/Services06/05/19 - LIBRARY MATERIALS7597308FERGUSON ENTERPRISES, INC 202-3004-60691
161.88Water - Utilities06/11/19 - WATER SERVICECSW212COACHELLA VALLEY WATER DI…202-3006-61200
1,192.00HVAC05/27/19 - LIBRARY HVAC SVCI30578PACIFIC WEST AIR CONDITION…202-3004-60667
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AmountVendor Name Payable Number Description (Item)Account Name Account Number
670.50HVAC05/27/19 - MUSEUM HVAC SVCI30659PACIFIC WEST AIR CONDITION…202-3006-60667
447.00HVAC05/31/19 - LIBRARY HVAC SVCI30861PACIFIC WEST AIR CONDITION…202-3004-60667
-43.49Operating Supplies04/30-05/29/19 - 3D PRINTER REPL PARTS…MAY'197143WELLS FARGO BUSINESS CARD 202-3004-60420
58.71Operating Supplies04/30-05/29/19 - 3D PRINTER REPL PARTSMAY'197143WELLS FARGO BUSINESS CARD 202-3004-60420
43.49Operating Supplies04/30-05/29/19 - 3D PRINTER REPL PARTSMAY'197143WELLS FARGO BUSINESS CARD 202-3004-60420
401.32Operating Supplies04/30-05/29/19 - SEWING MACHINE & SU…MAY'197143WELLS FARGO BUSINESS CARD 202-3004-60420
Fund 202 - LIBRARY & MUSEUM FUND Total:8,255.17
Fund: 212 - SLESA (COPS) FUND
170.00COPS Burglary/Theft Preventi…04/30-05/29/19 - POLICE TRAININGMAY'197143WELLS FARGO BUSINESS CARD 212-0000-60179
Fund 212 - SLESA (COPS) FUND Total:170.00
Fund: 215 - LIGHTING & LANDSCAPING FUND
3,815.00Landscape Contract06/2019 CONSERVE - PARKS MAINTENAN…25903CONSERVE LANDCARE 215-7004-60112
566.08Water - Medians - Utilities06/11/19 - WATER SERVICEPWW192COACHELLA VALLEY WATER DI…215-7004-61211
2,057.57Water - Medians - Utilities06/14/19 - WATER SERVICEPWW193COACHELLA VALLEY WATER DI…215-7004-61211
Fund 215 - LIGHTING & LANDSCAPING FUND Total:6,438.65
Fund: 224 - TUMF FUND
39,270.00TUMF Payable to CVAG05/2019 - TUMF FEE062019COACHELLA VALLEY ASSOC OF…224-0000-20320
Fund 224 - TUMF FUND Total:39,270.00
Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS
1,413.75Construction06/07/19 - GLARE SHIELDS105918JTB SUPPLY CO., INC.401-0000-60188
1,885.00Professional Services05/2019 WASHINGTON DRAINAGE IMPR…13 JOB 2018-02NAI CONSULTING INC 401-0000-60103
10,007.50Professional Services05/2019 LQ VILLAGE-A ROAD DIET PROJECT13 JOB 2018-02NAI CONSULTING INC 401-0000-60103
625.00Professional Services05/2019 HSOP TRAFF SIGNAL INTERCONN…13 JOB 2018-02NAI CONSULTING INC 401-0000-60103
2,465.00Professional Services05/2019 SILVERROCK INFRASTRUCTURE I…13 JOB 2018-02NAI CONSULTING INC 401-0000-60103
287.50Professional Services05/2019 DUNE PALMS ST IMPROVEMENTS…13 JOB 2018-02NAI CONSULTING INC 401-0000-60103
285.00Professional Services05/2019 SSAR SYS SAFETY ANALYSIS REPO…13 JOB 2018-02NAI CONSULTING INC 401-0000-60103
4,245.00Professional Services05/2019 N LQ PARKWAY TURF CONVERSI…13 JOB 2018-02NAI CONSULTING INC 401-0000-60103
1,822.50Professional Services05/2019 COVE PUBLIC RESTROOM13 JOB 2018-02NAI CONSULTING INC 401-0000-60103
467.50Professional Services05/2019 SB821 JEFFERSON ST SIDEWALK …13 JOB 2018-02NAI CONSULTING INC 401-0000-60103
4,187.50Professional Services05/2019 DUNE PALMS BRIDGE IMPROVE…13 JOB 2018-02NAI CONSULTING INC 401-0000-60103
290.00Professional Services05/2019 CALLE TAMPICO DRAINAGE13 JOB 2018-02NAI CONSULTING INC 401-0000-60103
1,160.00Professional Services05/2019 ADISON (AVE 50-AVE52)13 JOB 2018-02NAI CONSULTING INC 401-0000-60103
168.48Professional Services05/2019 HSIP INTERSECTION IMPROVEM…13 JOB 2018-02NAI CONSULTING INC 401-0000-60103
16.03Professional Services05/2019 CITYWIDE SIDEWALK IMPROVEM…13 JOB 2018-02NAI CONSULTING INC 401-0000-60103
575.00Professional Services05/2019 EISENHOWER DRAINAGE13 JOB 2018-02NAI CONSULTING INC 401-0000-60103
3,045.00Professional Services05/2019 HIGHWAY 111 SIDEWALK IMPRO…13 JOB 2018-02NAI CONSULTING INC 401-0000-60103
870.00Professional Services05/2019 WASHINGTON ST AT FRED WARI…13 JOB 2018-02NAI CONSULTING INC 401-0000-60103
1,627.50Professional Services05/2019 PAVEMENT MGMT PLAN ST IMP…13 JOB 2018-02NAI CONSULTING INC 401-0000-60103
1,337.50Professional Services05/2019 JEFFERSON-AVE 53 ROUNDABOUT13 JOB 2018-02NAI CONSULTING INC 401-0000-60103
145.00Professional Services05/2019 RETENTION BASIN (DPLM AT W…13 JOB 2018-02NAI CONSULTING INC 401-0000-60103
870.00Professional Services05/2019 SILVERROCK EVENT SITE13 JOB 2018-02NAI CONSULTING INC 401-0000-60103
76,000.00Construction02/14-04/16/19 - EVENT SITE GRADING & …190425SILVERROCK DEVELOPMENT C…401-0000-60188
9,130.00Construction04/10-04/19/19 - REPAIRS DURING GRAD…190426SILVERROCK DEVELOPMENT C…401-0000-60188
2,744.10Design05/2019 SRR EVENT SITE DESIGN SVCS, PJT…19061002HERMANN DESIGN GROUP INC 401-0000-60185
568.90Design04/26/19 - COMPLETE STREETS EXHIBIT SI…19-30995XPRESS GRAPHICS 401-0000-60185
15,000.00Construction03/27/19 - CVWD CONST FEES 2009-0419-9819COACHELLA VALLEY WATER DI…401-0000-60188
800.00Construction03/27/19 - CVWD CONST FEES 2009-0419-9820COACHELLA VALLEY WATER DI…401-0000-60188
6,000.00Construction03/27/19 - CVWD CONST FEES 2009-0419-9821COACHELLA VALLEY WATER DI…401-0000-60188
1,800.00Construction03/27/19 - CVWD CONST FEES 2009-0419-9822COACHELLA VALLEY WATER DI…401-0000-60188
4,500.00Construction03/27/19 - CVWD CONST FEES 2009-0419-9823COACHELLA VALLEY WATER DI…401-0000-60188
1,334.00Technical04/18-05/15/19 FY 18-19 ON-CALL MAT'LS…LP0519-39LANDMARK GEO-ENGINEERS &…401-0000-60108
453.75Design02/01-03/31/19 TRAFFIC ANALYSIS - DUNE…TN1198114TERRA NOVA PLANNING & RE…401-0000-60185
1,113.75Design04/2019 FY 18/19 ON-CALL PLANNING SE…TN1198115TERRA NOVA PLANNING & RE…401-0000-60185
495.00Design05/2019 FY 18/19 ON-CALL PLANNING SE…TN1198116TERRA NOVA PLANNING & RE…401-0000-60185
Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total:157,735.26
Fund: 501 - FACILITY & FLEET REPLACEMENT
19,996.50Vehicles, Rentals & Leases06/2019 - FLEET LEASEFBN3718024ENTERPRISE FM TRUST 501-0000-71030
Fund 501 - FACILITY & FLEET REPLACEMENT Total:19,996.50
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AmountVendor Name Payable Number Description (Item)Account Name Account Number
Fund: 502 - INFORMATION TECHNOLOGY
800.00Consultants05/2019 COUNCIL MTG MEDIA RECORD, …1250FISHER INTEGRATED INC 502-0000-60104
719.40Prepaid Items06/13/19 - FY 19/20 CLOUD SERVICE 502-…1589LOBBYCENTRAL 502-0000-13600
131.59Cable - Utilities02/15-03/14/19 - CABLE SVC (8105)18105060319TIME WARNER CABLE 502-0000-61400
146.13Cable - Utilities05/15-06/14/19 - CABLE SVC (8105)18105060319TIME WARNER CABLE 502-0000-61400
809.93Copiers04/20-05/19/19 CITY CLERK CONTRACT + …20029671CANON FINANCIAL SERVICES, …502-0000-60662
2,640.00Consultants05/24/19 - MTG CONNECT UPS TO ESXI H…2012012CONVERGEONE, INC 502-0000-60104
2,040.00Consultants05/24/19 - INSTALL MR52AP IN MKTG AR…2012013CONVERGEONE, INC 502-0000-60104
809.93Copiers05/20-06/19/19 CITY CLERK CONTRACT + …20141575CANON FINANCIAL SERVICES, …502-0000-60662
4,929.09Copiers06/2019 COPIER CONTRACT 05/2019 USA…20210380CANON FINANCIAL SERVICES, …502-0000-60662
508.16Copiers05/2019 CITYWIDE COPIER LEASE207830INNOVATIVE DOCUMENT SOL…502-0000-60662
161.27Cable - Utilities06/2019 - CITY HALL CABLE (4625)34625060119TIME WARNER CABLE 502-0000-61400
66.52Cell/Mobile Phones05/02-06/01/19 - BACKUP SERVER (2183)9831227464VERIZON WIRELESS 502-0000-61301
1,348.35Cell/Mobile Phones05/02-06/01/19 - CITY CELL SVC IPADS (55…9831227568VERIZON WIRELESS 502-0000-61301
1,429.03Cell/Mobile Phones05/02-06/01/19 - CITY CELL SVC (5496)9831264768VERIZON WIRELESS 502-0000-61301
213.17Telephone - Utilities06/04-07/03/19 - DSL SERVICEJUN'197771222FRONTIER COMMUNICATIONS…502-0000-61300
50.00Software Licenses05/07-05/22/19 - BASECAMP 05/13-06/13…MAY'196413WELLS FARGO BUSINESS CARD 502-0000-60301
189.24Technical04/30-05/29/19 - WIRELESS BLUETOOTH …MAY'197143WELLS FARGO BUSINESS CARD 502-0000-60108
3,910.91Software Licenses04/30-05/29/19 - AZURE 04/10-05/09/19MAY'197143WELLS FARGO BUSINESS CARD 502-0000-60301
244.63Machinery & Equipment04/30-05/29/19 - IPHONE 8 CASESMAY'197143WELLS FARGO BUSINESS CARD 502-0000-80100
931.34Machinery & Equipment04/30-05/29/19 - TV (3) PLANNING USEMAY'197143WELLS FARGO BUSINESS CARD 502-0000-80100
76.16Machinery & Equipment04/30-05/29/19 - IT CARTRIDGEMAY'197143WELLS FARGO BUSINESS CARD 502-0000-80100
374.10Machinery & Equipment04/30-05/29/19 - PRINTER HEAD ITMAY'197143WELLS FARGO BUSINESS CARD 502-0000-80100
30.66Machinery & Equipment04/30-05/29/19 - MONITOR STANDMAY'197143WELLS FARGO BUSINESS CARD 502-0000-80100
78.63Machinery & Equipment04/30-05/29/19 - CARTRIDGE REPLMAY'197143WELLS FARGO BUSINESS CARD 502-0000-80100
2,722.66Computers04/30-05/29/19 - MACBOOK NEW CMMAY'197143WELLS FARGO BUSINESS CARD 502-0000-80103
1,962.49Computers04/30-05/29/19 - MACBOOK D&D DIRECT…MAY'197143WELLS FARGO BUSINESS CARD 502-0000-80103
23.59Computers01/31/19 - HDMI CONVERTERQWXC3564CDW GOVERNMENT INC 502-0000-80103
285.57Computers01/31/19 - MONITORS 24" (2)QWZ9452CDW GOVERNMENT INC 502-0000-80103
235.07Computers02/26/19 - FACILITIES DELL MONITOR 22" …RGP7379CDW GOVERNMENT INC 502-0000-80103
123.41Computers03/19/19 - MONITOR & LAPTOP ARMRNG5959CDW GOVERNMENT INC 502-0000-80103
Fund 502 - INFORMATION TECHNOLOGY Total:27,991.03
Fund: 504 - INSURANCE FUND
27.53Office Supplies04/30-05/29/19 - AED INSP CHECK BLANK…MAY'197143WELLS FARGO BUSINESS CARD 504-1010-60400
Fund 504 - INSURANCE FUND Total:27.53
Fund: 601 - SILVERROCK RESORT
10,400.00Repair & Maintenance02/14-04/16/19 - REMOVAL GOLF COURSE…190425SILVERROCK DEVELOPMENT C…601-0000-60660
108.50Bank Fees05/2019 - SRR ARMORED SERVICES70090322GARDAWORLD 601-0000-60455
50.79Repair & Maintenance04/30-05/29/19 - APPLIANCE PARTS SRRMAY'197143WELLS FARGO BUSINESS CARD 601-0000-60660
132.37Repair & Maintenance04/30-05/29/19 - APPLIANCE PARTS SRRMAY'197143WELLS FARGO BUSINESS CARD 601-0000-60660
Fund 601 - SILVERROCK RESORT Total:10,691.66
Grand Total:478,847.66
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Fund Summary
Fund Expense Amount
101 - GENERAL FUND 207,098.80
201 - GAS TAX FUND 1,173.06
202 - LIBRARY & MUSEUM FUND 8,255.17
212 - SLESA (COPS) FUND 170.00
215 - LIGHTING & LANDSCAPING FUND 6,438.65
224 - TUMF FUND 39,270.00
401 - CAPITAL IMPROVEMENT PROGRAMS 157,735.26
501 - FACILITY & FLEET REPLACEMENT 19,996.50
502 - INFORMATION TECHNOLOGY 27,991.03
504 - INSURANCE FUND 27.53
601 - SILVERROCK RESORT 10,691.66
Grand Total:478,847.66
Account Summary
Account Number Account Name Expense Amount
101-0000-20304 Sales Taxes Payable -297.13
101-0000-20310 MSHCP Mitigation Fee 13,326.00
101-0000-42214 Wellness Center Leisure E…40.00
101-0000-42300 Cash Over/Short 260.00
101-0000-42710 False Alarm Fees - Fire 153.00
101-0000-43631 CVMSHCP Admin Fee -133.26
101-1001-60137 Community Special Events 130.45
101-1001-60320 Travel & Training 1,541.43
101-1002-60320 Travel & Training 39.13
101-1004-60125 Temporary Agency Servic…1,878.41
101-1004-60129 Recruiting/Pre-Employme…512.62
101-1004-60320 Travel & Training 1,504.46
101-1004-60340 Employee Recognition Ev…1,409.40
101-1004-60351 Membership Dues 189.00
101-1005-60103 Professional Services 46,640.14
101-1005-60400 Office Supplies 67.26
101-1005-60420 Operating Supplies 141.64
101-1006-60320 Travel & Training 1,716.28
101-1006-60400 Office Supplies 80.89
101-1006-60420 Operating Supplies -15,000.00
101-1007-60402 Forms, Copier Paper 327.26
101-1007-60470 Postage 42.52
101-2001-60103 Professional Services 23,050.00
101-2001-60109 LQ Police Volunteers 1,114.12
101-2001-60168 School Officer 7,946.71
101-2001-60176 Sheriff - Other 747.95
101-2001-60193 Sexual Assault Exam Fees 2,000.00
101-2001-60420 Operating Supplies 1,010.70
101-2001-61300 Telephone - Utilities 1,111.29
101-2002-60110 Volunteers - Fire 66.74
101-2002-60139 Fire Service Costs 2,100.00
101-2002-60400 Office Supplies 38.39
101-2002-60670 Fire Station 25.99
101-2002-60691 Maintenance/Services 1,025.25
101-2002-61100 Gas - Utilities 61.99
101-2002-61200 Water - Utilities 705.57
101-2002-61304 Mobile/Cell Phones/Satell…77.37
101-2002-61400 Cable - Utilities 180.48
101-3002-60420 Operating Supplies 238.77
101-3003-60149 Community Experiences 905.05
101-3005-60112 Landscape Contract 35,851.00
101-3005-60184 Fritz Burns Pool 214.08
101-3005-60423 Supplies-Graffiti and Van…372.46
101-3005-60427 Safety Gear 271.88
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Account Summary
Account Number Account Name Expense Amount
101-3005-60431 Materials/Supplies 479.60
101-3005-61201 Water -Monticello Park - …3,442.47
101-3005-61204 Water -Fritz Burns Park - …107.51
101-3005-61206 Water -Desert Pride - Utili…323.93
101-3005-61208 Water -Seasons Park - Util…19.60
101-3005-61209 Water -Community Park -…217.51
101-3007-60351 Membership Dues 1,338.00
101-3007-60420 Operating Supplies 791.24
101-3007-60461 Marketing & Tourism Pro…24,796.41
101-3008-60116 Pest Control 195.00
101-3008-60123 Security & Alarm 1,979.39
101-3008-60427 Safety Gear 280.01
101-3008-60431 Materials/Supplies 560.58
101-3008-60664 Fire Extinguisher/First Aid…1,384.94
101-3008-60667 HVAC 10,669.22
101-3008-60690 Uniforms 273.53
101-3008-60691 Maintenance/Services 589.60
101-3008-61200 Water - Utilities 121.32
101-6001-60104 Consultants 3,000.00
101-6001-60320 Travel & Training 105.94
101-6002-60103 Professional Services 14,452.59
101-6002-60320 Travel & Training 29.34
101-6003-60351 Membership Dues 215.00
101-6004-60120 Lot Cleaning/Gravel Progr…600.00
101-6004-60400 Office Supplies 120.08
101-7002-60320 Travel & Training 268.48
101-7006-60104 Consultants 6,820.00
101-7006-60146 PM 10 - Dust Control 173.54
101-7006-60320 Travel & Training 58.68
201-7003-60103 Professional Services 742.50
201-7003-60431 Materials/Supplies 68.73
201-7003-61701 Equipment Rental 361.83
202-3004-60112 Landscape Contract 2,086.00
202-3004-60420 Operating Supplies 460.03
202-3004-60664 Fire Extinguisher Service 127.61
202-3004-60667 HVAC 1,639.00
202-3004-60691 Maintenance/Services 1,349.61
202-3006-60112 Landscape Contract 1,169.00
202-3006-60116 Pest Control 49.00
202-3006-60664 Fire Extinguisher Service 124.89
202-3006-60667 HVAC 670.50
202-3006-60691 Maintenance/Services 417.65
202-3006-61200 Water - Utilities 161.88
212-0000-60179 COPS Burglary/Theft Prev…170.00
215-7004-60112 Landscape Contract 3,815.00
215-7004-61211 Water - Medians - Utilities 2,623.65
224-0000-20320 TUMF Payable to CVAG 39,270.00
401-0000-60103 Professional Services 36,382.01
401-0000-60108 Technical 1,334.00
401-0000-60185 Design 5,375.50
401-0000-60188 Construction 114,643.75
501-0000-71030 Vehicles, Rentals & Leases 19,996.50
502-0000-13600 Prepaid Items 719.40
502-0000-60104 Consultants 5,480.00
502-0000-60108 Technical 189.24
502-0000-60301 Software Licenses 3,960.91
502-0000-60662 Copiers 7,057.11
502-0000-61300 Telephone - Utilities 213.17
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Account Summary
Account Number Account Name Expense Amount
502-0000-61301 Cell/Mobile Phones 2,843.90
502-0000-61400 Cable - Utilities 438.99
502-0000-80100 Machinery & Equipment 1,735.52
502-0000-80103 Computers 5,352.79
504-1010-60400 Office Supplies 27.53
601-0000-60455 Bank Fees 108.50
601-0000-60660 Repair & Maintenance 10,583.16
Grand Total:478,847.66
Project Account Summary
Project Account Key Expense Amount
**None**317,013.54
091002P 1,160.00
091004CT 28,100.00
091004P 287.50
111205P 4,187.50
141517P 2,465.00
151603D 568.90
151603P 10,007.50
151612D 2,062.50
151612P 2,895.00
1819PMPP 1,627.50
1819STIP 16.03
1819TMICT 1,413.75
201601P 168.48
201602P 625.00
201603P 4,245.00
201608CT 85,130.00
201608D 2,744.10
201608P 870.00
201701P 870.00
201706P 467.50
201706T 1,334.00
201708P 285.00
201709P 1,337.50
201722E 742.50
201801P 1,822.50
201803P 3,045.00
201835E 2,100.00
EGGE 50.00
GOLFE 718.11
MAKERE 460.03
TACOE 28.22
Grand Total:478,847.66
51
City of La Quinta
Bank Transactions 06/08/19 – 06/21/19
Wire Transaction
Listed below are the wire transfers from 06/08/19 – 06/21/19
Wire Transfers:
06/14/2019 - WIRE TRANSFER - PERS 41,646.52$
06/14/2019 - WIRE TRANSFER - ICMA 4,106.39$
06/14/2019 - WIRE TRANSFER - LQCEA 495.00$
06/18/2019 - WIRE TRANSFER - TASC FLEX CLAIM 1,782.99$
TOTAL WIRE TRANSFERS OUT 48,030.90$
Attachment 2
52
City of La Quinta
CITY COUNCIL MEETING: July 2, 2019
STAFF REPORT
AGENDA TITLE: ADOPT RESOLUTION TO AMEND THE CITY’S RECORDS
RETENTION SCHEDULE
RECOMMENDATION
Adopt a resolution to amend the City’s Records Retention Schedule.
EXECUTIVE SUMMARY
Perpetual law updates as well as changes in City operations require the
periodic update of the City’s Records Retention Schedule (Schedule),
which was first adopted in 2010, and subsequently updated in 2011 and
2013.
City records that are no longer required for administrative, legal, fiscal,
auditing, or historical reasons are destroyed in strict compliance with the
retention period and policies set forth by the Schedule.
FISCAL IMPACT
Consultant services cost for the Schedule update was $4,900, which was
budgeted for fiscal year 2018/19 in the Clerk’s Office Professional Services
account (101-1005-60103).
BACKGROUND/ANALYSIS
In 2010 Council adopted the Schedule and Records Management Manual; the
Schedule was updated in 2011 and 2013.
In March 2019, Staff issued a Request for Information for an expert in local
government records to update the City’s Schedule and ensure compliance with
current state and federal regulations. Three proposals were received and after
thorough review, Staff selected Gladwell Governmental Services, Inc.,
(Consultant) with over 30-years of expertise in Schedule updates including
reducing records redundancy, increase efficiency, and incorporate recent
technological changes.
CONSENT CALENDAR ITEM NO. 7
53
Staff and Consultant held interactive meetings and follow-up correspondence
with all City departments to ensure individual departments’ needs are met.
The red-line Schedule is attached as “Exhibit A” to the Resolution and the
revisions include:
Changes to retention periods pursuant to state requirements and
departments’/divisions/needs;
Additions of new file numbers and categories;
Changes of the office of record due to administrative or organization
changes;
Modification of legal citations referenced;
Deletion of inactive file numbers;
Minor miscellaneous updates to streamline the Schedule.
The purpose of the Schedule is to establish efficient and economical methods
to create, utilize, maintain, retain, preserve, and dispose of all records
managed by the City. The retention periods are in compliance will all laws
and are standard business practice for California cities.
Pursuant to State of California Government Code Section 34090, it is also
standard business practice for California cities to authorize the routine
destruction of records that have exceeded their adopted retention period,
upon the request of the head of the departments, and with the written consent
of the City Clerk and City Attorney.
ALTERNATIVES
Council may elect not to approve amending the Schedule; approve the
Schedule with modifications; or direct Staff to make other amendments.
Prepared by: Monika Radeva, City Clerk
Approved by: Jon McMillen, City Manager
54
RESOLUTION NO. 2019 -
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, ADOPTING
RECORDS RETENTION SCHEDULE FOR CITY
DEPARTMENTS AND OFFICES, AND APPROVING
THE DESTRUCTION OF RECORDS IN
ACCORDANCE HEREWITH
WHEREAS, the maintenance of numerous records is expensive, slows
document retrieval, and is not required after a certain period of time for the
effective and efficient operations of the government of the City of La Quinta
(“City”); and
WHEREAS, State of California Government Code Section 34090
provides procedures whereby any City record which has served its purpose
and is no longer required may be destroyed; and
WHEREAS, the State of California has adopted retention period
guidelines for various government records; and
WHEREAS, the City Council finds there are benefits to adopt a Records
Retention Schedule governing the retention, disposition, and destruction of
official City records in accordance with state and federal laws, and records
management best practices; and
WHEREAS, the City Council adopted the City’s Records Retention
Schedule on February 16, 2010, which was subsequently amended on March
15 and April 19, 2011, and August 6, 2013; and
WHEREAS, Resolution No. 2013-036 adopted on August 6, 2013 is
hereby repealed and superseded by this Resolution.
WHEREAS, the City Attorney has reviewed and approved the attached
Records Retention Schedule for the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of La Quinta, California, as follows:
SECTION 1. Resolution No. 2013-036 adopted on August 6, 2013 is
hereby repealed and this Resolution supersedes all prior Records Retention
Schedule Resolutions adopted by the City Council.
55
Resolution No. 2019 – xxx
Records Retention Schedule Update
Adopted:
Page 2 of 3
SECTION 2. The Records Retention Schedule attached hereto as “Exhibit
A” and incorporated herewith by this reference is hereby adopted and shall
govern the retention, disposition, and destruction of official City records.
SECTION 3. Records are not to be kept beyond the retention period set
forth in the Records Retention Schedule.
SECTION 4. The City Council hereby authorizes the destruction of City
records, documents, instruments, books, and papers as provided by State of
California Government Code Section 34090 et seq. and in accordance with the
provisions set forth by the City’s Records Retention Schedule, upon the
request of the head of City departments and with the written consent of the
City Clerk and City Attorney, without further action by the City Council.
SECTION 5. This Resolution shall become effective upon adoption. The
Records Retention Schedule adopted by this Resolution shall go into effect
immediately.
SECTION 6. Severability – if any provision of this Resolution of the
application thereof to any person or circumstance is held invalid, such
invalidity shall not affect other provision 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.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta City Council held on this day of July, 2019 by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________
LINDA EVANS, Mayor
City of La Quinta, California
56
Resolution No. 2019 – xxx
Records Retention Schedule Update
Adopted:
Page 3 of 3
ATTEST:
____________________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
___________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
57
58
RECORDS RETENTION SCHEDULEAdopted July XX, 2019Table of ContentsCouncil Resolution 2019-XXXPAGE100ADMINISTRATION101 Correspondence and Reference7102 [OPEN]7103 Policies and Procedures7104 Awards, Proclamations, Certificates, Plaques7105 Information Technologies8106 Records Management8107 Forms and Templates - Citywide9200PLANNING AND REDEVELOPMENT201 [OPEN]9202 Historic Preservation9203 Planning9204 Community Development Block Grant Program (CDBG)10205 [OPEN]10206 [OPEN]10207 Redevelopment10208 Housing10300ECONOMIC DEVELOPMENT AND MARKETING301 Economic Development11302 Marketing11303 Photographs11304 Public Relations12305 Publications12CITY OF LA QUINTACity of La QuintaPage 1 of 6Revised: June 4, 201959EXHIBIT AEXHIBIT A
RECORDS RETENTION SCHEDULEAdopted July XX, 2019Table of ContentsCouncil Resolution 2019-XXXPAGECITY OF LA QUINTA400FINANCIAL AND FISCAL401 General Accounting12402 Banking Records13403 Audits13404 Payroll13405 Bonds13406 Retirement14407 Investments14408 Revenue14409 Taxes15410 Budgets15411 Cost Analysis and Fee Studies 15412 Accounts Payable and Purchasing15413 Bids16450BUSINESS LICESNSES AND VACATION RENTAL PROGRAM451 Business Licenses16452 Vacation Rental Program16500HUMAN RESOURCES501 Human Resources Administration16502 Personnel Records16503 Salary and Benefits17504 Classifications18505 Personnel Management18506 Recruitment and Selection18507 Education and Training19508 Safety and Medical Records19509 Labor Relations21City of La QuintaPage 2 of 6Revised: June 4, 201960
RECORDS RETENTION SCHEDULEAdopted July XX, 2019Table of ContentsCouncil Resolution 2019-XXXPAGECITY OF LA QUINTA600CONTRACTS AND AGREEMENTS601 [OPEN]21602 Contracts and Agreements21603 Inventory, Supplies, and Maintenance22700LEGAL AND LEGISLATIVE701Legislative Files (includes all Agendas, Packets, Resos, Ordiannces, etc)22702 Elections23703 Legal Investigations and Litigations23704 Legal Operations 24705 Assessment and Special Districts24706 Public Records Requests25800CONSTRUCTION AND ENGINEERING801 General Administration25802 Engineering Permits and Inspections25803 Engineering Maps, Plans, and Specifications25804 Building Permits and Inspections26805 Building Plans and Specifications26806 Capital Projects26807 Maintenance Projects - Project Files26808 Storm Drainage, Flood Control, Sanitation27809 Traffic Engineering27810 Parking27City of La QuintaPage 3 of 6Revised: June 4, 201961
RECORDS RETENTION SCHEDULEAdopted July XX, 2019Table of ContentsCouncil Resolution 2019-XXXPAGECITY OF LA QUINTA900RISK MANAGEMENT901 Risk Management - City Business related27902 Risk Management - City Personnel related281000 PROPERTY1001 Right-Of-Ways281002 Real Property281003 Boundary Files291004 Annexations291005 SilverRock Property291100 PUBLIC FACILITIES1101 City-Owned Facilities (maintenance and operations)291102 Parks, Open Space, and Golf Courses291200 UTILITIES, COMMUNICATIONS, AND TRANSPORTATION1201 [OPEN]301202 [OPEN]301203 [OPEN]301204 [OPEN]301205 [OPEN]301206 Transportation301207 Waste and Recycling30City of La QuintaPage 4 of 6Revised: June 4, 201962
RECORDS RETENTION SCHEDULEAdopted July XX, 2019Table of ContentsCouncil Resolution 2019-XXXPAGECITY OF LA QUINTA1300 PUBLIC SAFETY1301 General Administration311302 Emergency Services311303 Police Services (public safety)311304 Fire Services321305 Animal Control321306 [OPEN]331307 Code Enforcement and Permits331350 ENVIRONMENTAL AND CONSERVATION1351 Environmental and Conservation341400 ARTS, RECREATION, AND EDUCATION1401 Cultural Arts341402 Recreation Programs and Experiences341403 [OPEN]341500 GOVERNMENTAL ORGANIZATIONS AND OFFICES1501 [OPEN]351502 State of California Departments, Organizations, and Offices351503 Local and Regional Organizations351504 Riverside County Departments, Organizations, and Offices361505 Inter- / Intra-City Files361506 International Offices and Organizations36City of La QuintaPage 5 of 6Revised: June 4, 201963
RECORDS RETENTION SCHEDULEAdopted July XX, 2019Table of ContentsCouncil Resolution 2019-XXXPAGECITY OF LA QUINTADEPARTMENTS AND DIVISIONSRETENTION SCHEDULE CITATIONSAnimal Control - contracted serviceBuilding (a division of Design & Development Dept)B&PBusiness and ProfessionsCity Attorney's Office - contracted serviceCACCalifornia Administrative codeCity Clerk's OfficeCCPCode of Civil ProcedureCity Manager's OfficeCCRCode of California RegulationsCode Compliance (a division of Community Resources Dept)CEQACalifornia Environmental Quality ActCommunity Resources DepartmentCFRCode of Federal RegulationsDesign & Development DepartmentECElection CodeElections (a division of City Clerk's Office)FMLAFamily and Medical Leave Act, 1993Emergency Operations (a division of Community Resources Dept)GCGovernment CodeEngineering (a division of Design & Development Dept)H&SHealth and Safety CodeFacilities DepartmentHUDHousing and Urban DevelopmentFinance DepartmentLQCC / CMLa Quinta City Council Resolution / City Manger approvalHousing (a division of City Manager's Office)LQCC / CALa Quinta City Council Resolution / City Attorney approvalHUB Permitting Center (a division of Design & Development Dept)OMBFederal Office of Management & BudgetHuman Resources (a division of Community Resources Dept)OSHAOccupational Safety and Health ActInformation Technology (a division of City Manager's Office)PCPenal CodeMarketing (a division of City Manager's Office)POSTPost Office Standards TrainingPlanning (a division of Design & Development Dept)UFCUniform Fire CodePolice & Fire - contracted servicesUSCUnited States CodeRisk Management (a division of Community Resources Dept)WICWelfare and Institutions CodeTraffic Operations (a division of Design & Development Dept)City of La QuintaPage 6 of 6Revised: June 4, 201964
UFFSDescriptionTOTALPrimary Scan /CitationNumberRETENTIONResponsibility Image100 ADMINISTRATIONADMIN. 101CORRESPONDENCE AND REFERENCE:101.01Chronological Correspondencecurrent year + 2 years all departments CC:noGC34090(d)101.02 Conferences and Meetings (external)destroy at willall departments CC:nonon-record101.03 City Boards, Commissions, Committees - Generalcurrent year + 2 years supporting dept CC:noGC34090(d)101.04 Council Chamber Reservations / Facility Usecurrent year + 2 years CITY MANAGER CC:noGC34090101.05 Suspense and Tickler Files, General Subjectcurrent year + 2 years all departments CC:noGC34090101.06Departmental Staff Meetings, General SubjectDepartment Documents - generalcurrent year + 2 years hosting dept CC:no GC34090101.07 Work and Vacation Schedules until superseded all departments CC:noPreliminary Draft non-record101.08 Telephone Directoriesuntil supersededall departments CC:noPreliminary Draft non-record101.09 Reference Materialsuntil supersededall departments CC:noPreliminary Draft non-record101.10 Instruction for Completing Specific Tasksdestroy at willissuing deptCC:noPreliminary Draft non-record101.11 Telephone Logs / Message Padsdestroy at willcurrent year + 2 yearsall departments CC:noPreliminary Draft non-recordADMIN. 102PUBLICATIONS: [OPEN] - MOVED TO 305102.01Public Hearing Postings (non-legal)current year + 2 yearsissuing deptCC:noGC34090.7; 54960.1(c)(1)102.02Public Hearing Notices returned undelivered by Post Office2 yearsPLANNINGPL:noCity Attorney Opinion 6/21/2011102.03Display Ads and Miscellaneous (non-legal)current year + 2 yearsissuing deptCC:noGC34090102.04Subscriptions (non-City publications)destroy at willreceiving deptCC:nonon-record102.05Publication Ratesuntil supersededFINANCECC:nonon-record102.06Web Site filescurrent year + 2 yearspublishing deptCC:noGC34090102.07Postings to Facebook, Twitter, other social media accountscurrent year + 2 yearspublishing deptCC:noGC34090ADMIN.103POLICIES AND PROCEDURES103.01 Mission Statementsuntil superseded + 2 years CITY MANAGER shared drive GC34090; 40801103.02 Administrative Policiesuntil superseded + 5 yearsCLERK shared drive GC34090d103.03(OPEN) Authorizations by Council (signing, property transfer, etc)until superseded + 2 yearsCLERKshared drive and LFGC34090103.04 Goals and Objectivescurrent year + 2 years CITY MANAGER shared driveGC34090103.05Organizational Charts <delete - duplicate of 505.06until superseded + 5 yearsCITY MANAGERshared drive29 CFT 1627.3; Lbr Rltns Sec 1174; 29 CFR 1602.30.32; GC6250 et seq; 29 CFR; GC 12946, 34090103.05Project Action Teams (PAT) - working docsdestroy at willmanaging deptnonon-recordADMIN. 104AWARDS, PROCLAMATIONS, CERTIFICATES, PLAQUES - CITY ISSUEDPUBLIC RELATIONS [MOVED TO 302 - MARKETING, 304 - PHOTOGRAPHS, 305 - PUBLIC RELATIONS]104.01Public Inquires and Complaintscurrent year + 2 yearsreceiving deptCC:noGC34090104.02Press Releases, Issued by Citycurrent year + 2 yearsissuing deptCC:noGC34090Revised by Gladwell Governmental Services, Inc. (909) 337-3516 Page 7 of 42City of La Quinta - June 4, 201965
UFFSDescriptionTOTALPrimary Scan /CitationNumberRETENTIONResponsibility Image104.03Newsletter, Created by Cityuntil superseded + 2 yearsissuing deptCC:partialGC34090104.04Other Publications, Created by Cityuntil superseded + 2 yearsissuing deptCS:noGC34090104.05City Brochures and Calendars, Created by Cityuntil superseded + 2 yearsissuing deptCS:noGC34090104.06Public Ceremonies and Events, Produced by Citycurrent year + 2 yearsproducing deptCS:noGC34090104.07City Anniversary Eventscurrent year + 2 yearsproducing deptCS:noGC34090104.08Other Special Events, Produced by Citycurrent year + 2 yearsproducing deptCS:noGC34090104.09Public Surveys/Questionnaires, Issued by Citycurrent year + 2 yearsissuing deptCC:noGC34090104.10Awards and Donations Received by the Citycurrent year + 2 years unless of historic valueCITY MANAGERCC:noGC34090104.11 01Awards, Proclamations and Donations Presented by the Citycurrent year + 2 years unless of historic valueissuing deptCC:noGC34090104.12Pillars of the Community ProgramPERMANENTCOMMUNITY RESOURCESCS:yesGC34090104.13Senior Inspiration Award ProgramPERMANENTCOMMUNITY RESOURCESCS:yesGC34090104.14Civic Organizations and Clubs [duplicate of 1503]until superseded + 2 yearsCOMMUNITY RESOURCESCC:noGC34090104.15Community Educationuntil superseded + 2 yearsissuing deptCC:noGC34090104.16Promotional Activities and Materials (general)current year + 2 yearsissuing deptCS:noGC34090104.17Newspaper Clippings about CityPERMANENTCLERK CC:nohistoric value104.18Photographs: Historic or Public Property [duplicate of 303]PERMANENTreceiving deptCC:nohistoric value104.19City Seal, Logo - Bird, Flower, Tree & Trademark InfoPERMANENTCLERKCC:nohistoric value104.20City PinsPERMANENTCLERKCC:nohistoric value104.21City FlagPERMANENTBUILDINGCC:nohistoric value104.22Acknowledgment Areas ProgramPERMANENTCOMMUNITY RESOURCESCS:yeshistoric value104.23Keys to the CityPERMANENTCLERKCC:nohistoric value104.24Sister City ProgramPERMANENTCLERKCC:nohistoric valueADMIN. 105INFORMATION TECHNOLOGIES105.01 Computer Software, programs and manualsuntil superseded + 2 yearsIT SERVICES IT:yesNon-RecordGC34090105.02 Telephone System, programs and manualsuntil superseded + 2 yearsIT SERVICES IT:yesNon-RecordGC34090105.03 Software Licensesuntil superseded + 2 years IT SERVICES IT:yesGC34090105.04[OPEN]PERMANENTIT SERVICESIT:yesstaff request105.05 Warranties on Software and Equipmentuntil superseded + 2 yearsIT SERVICES IT:yesNon-RecordGC34090105.06 Configuration Maps and Plans of Systems (CONFIDENTIAL)current year + 4 yearsIT SERVICES IT:yesPreliminary Drafts; GC34090; CCP337.2, 343105.07 Daily backup of system files14 daysIT SERVICESNAPreliminary DraftsCC Reso - RM Manual105.08 Weekly backup of system files14 daysIT SERVICESNAPreliminary DraftsCC Reso - RM Manual105.09 Telephone or Radio Communication Recordings100 daysIT SERVICESNAG34090.6105.10 Text Messages60 daysIT SERVICESNAPreliminary DraftsRevised by Gladwell Governmental Services, Inc. (909) 337-3516 Page 8 of 42City of La Quinta - June 4, 201966
UFFSDescriptionTOTALPrimary Scan /CitationNumberRETENTIONResponsibility Image105.11E-Mail inbox and sent folders (60 days to move records out, remainder are preliminary draft is non-records)60 daysevery employeenoPreliminary Draftsnon-record, LQCC Resolution105.12 E-Mail deleted items folder (7 days to retrieve deleted items)7 daysevery employeenoPreliminary Draftsnon-record, LQCC ResolutionADMIN. 106RECORDS MANAGEMENT106.01 Filing Systems and Procedures / Records Management Manualuntil superseded + 2 yearsCLERKCC:no GC34090; 40801106.02 Retention SchedulePERMANENTuntil superseded + 4 yearsCLERKCC:yes LF shared driveGC34090 CCP343106.03 Records Destruction AuthorizationsPERMANENTCLERKCC:yesGC34090106.04 Records Inventories, Inactive in basementPERMANENTdepositing dept CC:noGC34090106.05 Records Indexing ListsPERMANENTfiling deptCC:noGC34090106.06 Records Inventories, ActivePERMANENTfiling deptCC:noGC34090106.07Records Management Manualuntil superseded + 2 yearsCLERKCC:noGC34090; 40801106.08Records Management Projects - Citywideuntil project completedCLERKCC:nonon-recordADMIN. 107FORMS ANDTEMPLATES - CITYWIDE107.01Agendas, Staff Reports, Minutes, Resolutions, Ordinancesuntil supersededCLERKCC:yesPreliminary Draft107.02Agreements, Insurance Certificates for Agreements, Form 700 for Agreementsuntil supersededCLERKCC:yesPreliminary Draft107.03City Letterhead, Memo, FAX cover sheet, Press Releaseuntil supersededCLERKCC:yesPreliminary Draft107.04Labelsuntil supersededCLERKCC:yesPreliminary Draft107.05Appeal Applicationsuntil supersededCLERKCC:yesPreliminary Draft107.06Permit Applicationsuntil supersededCLERKCC:yesPreliminary Draft107.07Insurance and Risk Managementuntil supersededPreliminary Draft107.08Finance and Budgetuntil supersededCLERKCC:yesPreliminary Draft107.09Legal and Legislativeuntil supersededCLERKCC:yesPreliminary Draft107.10City Facility Rental Applicationsuntil supersededCLERKCC:yesPreliminary Draft107.11Record Mgmt: Record Requests, Legal Hold, Destruction, etcuntil supersededCLERKCC:yesPreliminary Draft107.12Customer Service Suggestion Cards and Response Templatesuntil supersededCLERKCC:yesPreliminary Draft107.13Personnel Mattersuntil supersededCLERKCC:yesPreliminary Draft107.14EOC-Related forms and templatesuntil supersededCLERKCC:yesPreliminary Draft107.15Websiteuntil supersededCLERKCC:yesPreliminary Draft107.16Self-Hauler Registrations and Requirementsuntil supersededCLERKCC:yesPreliminary Draft107.17Holiday Door Signsuntil supersededCLERKCC:yesPreliminary Draft107.18RFP and RFQ Samplesuntil supersededCLERKCC:yesPreliminary Draft200 PLANNING AND REDEVELOPMENTPLAN/REDEV201(OPEN)201.00[OPEN]PLN/REDEV202HISTORIC PRESERVATION202.01 Historic Site InventoriesPERMANENTPLANNINGCC:no GC34090d, LQCC/CM202.02 Master PlansPERMANENTuntil superseded + 2 yearsPLANNINGPL:yes CC:noGC34090202.03 Preservation Case Files PERMANENT PLANNING PL:yesGC34090202.04 Archeological CollectionsPERMANENTPLANNINGPL: noGC30490Revised by Gladwell Governmental Services, Inc. (909) 337-3516 Page 9 of 42City of La Quinta - June 4, 201967
UFFSDescriptionTOTALPrimary Scan /CitationNumberRETENTIONResponsibility ImagePLN/REDEV203PLANNING203.01 Tentative Tract MapsPERMANENT PLANNING PL:yes GC34090.7; H&S19850203.02 Tentative Parcel MapsPERMANENTPLANNINGPL:yesGC34090 same as 203.01203.03 Zone ChangesPERMANENT PLANNING PL:yesGC34090203.04 VariancesPERMANENTPLANNINGPL:yesGC34090.7; H&S19850; 4003; 4004203.05Major Use Permits Minor AdjustmentsPERMANENTPLANNINGPL:yes GC34090d, LQCC/CM203.06 Minor Use PermitsPERMANENT PLANNING PL:yes GC34090d, LQCC/CM203.07 Temporary Use Permits / Special Event Permitsuntil expiration + 2 5 years PLANNINGPL:yes GC34090d, LQCC/CM203.08 Conditional Use PermitsPERMANENTPLANNINGPL:yesGC34090 same as 203.01203.09 Zoning Interpretations (Maps) / Director's DeterminationsPERMANENTcurrent year + 2 yearsPLANNING PL:no yesGC34090203.10[OPEN] Certificates of CompliancePERMANENTPLANNING<11/2011 PUBLIC WORKS> 11/2011PL:yesGC34090203.11 General Plan and AmendmentsPERMANENTPLANNINGPL:yesGC3409050110, LQCC/CM203.12 Lot Line Adjustments / Cert. of CompliancePERMANENTPLANNING<11/2011 PUBLIC WORKS> 11/2011PL:yes GC34090a203.13Environmental Impact Files CEQA (Calif Environmental Quality Act) - Environmental Imparct Reports (EIRs), Categorical Exemptions, Environmental Assessments, etc.PERMANENT PLANNING PL:yes GC34090a203.14[OPEN] Modification by ApplicantPERMANENTPLANNINGPL:yesGC34090203.15Comprehensive Sign ProgramsPERMANENTPLANNINGPL:yes GC34090, LQCC/CM203.16 Temporary Signs (Real Estate, Political, Semi-Permanent, etc.)until expiration + 2 years PLANNINGPL:noGC34090d203.17 Monument / Sign PermitsPERMANENTPLANNINGPL:yesGC34090 same as 203.04203.18 Directional Signs, City-owned (Wayfinder)until superseded + 2 years PUBLIC WORKS PW:noGC34090203.19 Parcel Mergers w/o Parcel MapsPERMANENTPLANNING<11/2011 PUBLIC WORKS> 11/2011PL:yesGC34090 same as 203.04203.20[OPEN] Site Development PermitsPERMANENTPLANNINGPL:yesGC34090d203.21 Specific PlansPERMANENT PLANNING PL:yesGC34090 same as 203.01203.22 MoratoriumsPERMANENT PLANNING PL:yesGC34090 same as 203.04203.23 WaiversPERMANENT PLANNING PL:yesGC34090a203.24Plot Plans / Site Development PermitsPERMANENTPLANNINGPL:yes GC34090d, LQCC/CM203.25Second Unit Permits Pre-Application ReviewsPERMANENT PLANNING PL:yesGC34090 same as 203.04203.26[OPEN] Advanced PlanningPERMANENTPLANNINGPL:yesGC34090Revised by Gladwell Governmental Services, Inc. (909) 337-3516 Page 10 of 42City of La Quinta - June 4, 201968
UFFSDescriptionTOTALPrimary Scan /CitationNumberRETENTIONResponsibility Image203.27Demographics and Statistics Case Logsuntil completed + 4 yearsPERMANENTCITY MANAGERPLANNINGCC:noPL:yesGC34090203.28[OPEN] SCAQMD / South Coast Air Quality Management District - AB 2766current year + 5 yearsPLANNINGPL:yesGC34090203.29[OPEN] Quimby Fees, Studies, Logo, InfoPERMANENTPLANNING/FINANCE PL:yesGC34090 (same as assessments)203.30 Agricultural PreservesPERMANENTPLANNINGPL:yesGC34090a203.31 Regional Planninguntil superseded + 2 years PLANNINGPL:noGC34090203.32 Appeals - case filesPERMANENTdept. managing case PL:yesGC34909a;H&S 19850; 4003; 4004203.33StudiesPERMANENTPLANNINGPL:yesGC34090dPLN/REDEV204COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG)204.01 General CDBG Grantsuntil completed + 7 4 yearsPUBLIC WORKSPLANNINGCC:no24CFR570.502(a)b)(3); 241CFR85.42; OMB Cir A-110 (attach C), A-133 A102, 128; HUD regs 2 CFR 200.333, GC8546.7, 34090204.02 Applications - filed by yearuntil completed + 4 yearsPUBLIC WORKSPLANNINGCC:noGC34090 same as 204.01PLN/REDEV205[OPEN]PLN/REDEV206[OPEN]PLN/REDEV207[OPEN] REDEVELOPMENT (MOVED FROM 208)207.01 Redevelopment Plan and Amendments (moved from 208.01)PERMANENTRDA and CLERKCC: yes-LF GC34090.7; H&S19850207.02 Project Areas (moved from 208.02)PERMANENTRDA CLERKCC: yes-LFGC34090 same as 208.01207.03 Implementation Plans (5-year / Project Areas) (moved from 208.12)PERMANENTRDA and CLERKPL:noGC34090207.04Dissolution of the Redevelopment Agency: general information and correspondence20 years PERMANENTCLERK/CITY MANAGERCC: yes-LFGC34090 keep minimum of 20 yearsper City AttorneyPLN/REDEV208HOUSING208.01Redevelopment Plan (moved to 207.01)Housing Programs (all) - Insurance Certificatesuntil expired + 2 yearsCLERKDept:noGC34090208.02Project Areas (moved to 207.02) Complaints (Housing)until resolved +2 yearsHOUSINGDept:noGC34090(d)208.03 Housing Loan Programs (case files)PERMANENTCLERKCC:yes24CFR570.502(a)b)(3); 241CFR85.42; OMB Cir A-110 (attach C), A-133 A102, 128; HUD regs 2 CFR 200.333, GC8546.7, 34090208.04 Housing Loan Correspondencecurrent year + 2 yearsHOUSINGCC:noGC34090Revised by Gladwell Governmental Services, Inc. (909) 337-3516 Page 11 of 42City of La Quinta - June 4, 201969
UFFSDescriptionTOTALPrimary Scan /CitationNumberRETENTIONResponsibility Image208.05 Rental Program: Multi-Family Housing (case files)PERMANENTCLERKCC:yesGC34090 same as 208.03208.06 Rehab Program: Residential (case files)PERMANENTCLERKCC:yesGC34090 same as 208.03208.07 Sewer Subsidy Program (case files)PERMANENTCLERKCC:yesGC34090 same as 208.03208.08 Rental Program: Single-Family Housing (case files)PERMANENTCLERKCC:yesGC34090 same as 208.03208.09 Assessment Subsidy Program (case files)PERMANENTCLERKCC:yesGC34090 same as 208.03208.10 Affordable Housing Database (Excel)until superseded + 2 years HOUSINGDept:yes (website)GC34090208.11 Rehab Program: Commercial (case files) PERMANENT CLERK CC:yesGC34090 same as 208.03208.12Implementation Plans (5-years / Project Area) (moved to 207.03) Relocationscurrent year + 5 yearsHOUSINGDept:no24 CFR 92.508(a)&(c); GC34090208.13Housing Annual Reports (to Council and State)PERMANENTCLERKCC:yes HSC Section 34328 208.14Dissolution of the Redevelopment Agency: general information and correspondence (moved 207.04) Housing - Surplus Real Property Listuntil closed + 2 yearsHOUSINGDept:noGC34090208.15Homeless Data and Informationcurrent year + 2 yearsHOUSINGDept:noGC34090300 ECONOMIC DEVELOPMENT AND MARKETINGECON/MKT301ECONOMIC DEVELOPMENT301.01 Economic Development PlanPERMANENTCITY MANAGER CC:noGC34090301.02 Studies / Research / Demographicsuntil completed + 2 years CITY MANAGER CC:noGC34090d301.03 Business Development / Projectsuntil completed + 2 years CITY MANAGER CC:noGC34090dECON/MKT302MARKETING302.01Marketing Studieswhile current year + 2 yearsCITY MANAGERMARKETINGCM:noGC34090302.02Videos and Photos Promotional Activities and Materials (general)current year + 2 years MARKETINGCM:noGC34090302.03Newspaper Clippings about CityPERMANENTCLERK CC:noNon-records historic value302.04[OPEN] Photographs: Historic or Public Property [duplicate of 303]PERMANENTreceiving deptCC:nohistoric value302.05City Seal, Logo - Bird, Flower, Tree and Trademark InfoPERMANENTCLERKCC:noGC34090 historic value302.06[OPEN] City PinsPERMANENTCLERKCC:noGC34090 historic value302.07City FlagPERMANENT FACILITIES FAC:noGC34090 historic value302.08Web Site filesdestroy at will current year + 2 yearsMARKETINGCM:noPreliminary Drafts GC34090302.09Postings to Social Media Accountsdestroy at willMARKETINGCM:noPreliminary Drafts GC34090302.10Awards and Donations Received by the Citycurrent year + 2 years unless of historic valueCITY MANAGER CM:noGC34090302.11Awards, Proclamations and Donations Presented by the City [left in 104]current year + 2 years unless of historic valueissuing deptCC:noGC34090302.12(OPEN)Revised by Gladwell Governmental Services, Inc. (909) 337-3516 Page 12 of 42City of La Quinta - June 4, 201970
UFFSDescriptionTOTALPrimary Scan /CitationNumberRETENTIONResponsibility Image302.13(OPEN)302.14Civic Organizations and Clubs [duplicate of 1503]until superseded + 2 yearsCOMMUNITY RESOURCESCC:noGC34090ECON/MKT303PHOTOGRAPHS[was in 104]303.01Photos - Official City Use while useful + 2 years MARKETING CM:yesGC34090 303.02Videos - Official City Usewhile useful + 2 years MARKETING CM:yesGC34090 303.03Photos - Staff Events and Sharingdestroy at willMARKETING CM:yesPreliminary Draft non-recordECON/MKT304PUBLIC RELATIONS[was 104]304.01Public Inquires and Complaintscurrent year + 2 years receiving dept CC:noGC34090304.02Public Ceremonies and Events, Produced by Citycurrent year + 2 yearsproducing dept CS:noGC34090304.03City Anniversary Eventscurrent year + 2 yearsproducing dept CS:noGC34090304.04Other Special Events, Produced by Citycurrent year + 2 yearsproducing dept CS:noGC34090304.05Public Surveys/Questionnaires, Issued by Citycurrent year + 2 years issuing deptCC:noGC34090304.06Pillars of the Community ProgramPERMANENTCOMMUNITY RESOURCESCS:yesGC34090304.07Senior Inspiration Award ProgramPERMANENTCOMMUNITY RESOURCESCS:yesGC34090304.08Community Educationuntil superseded + 2 years issuing deptCC:noGC34090304.09Acknowledgment Areas ProgramPERMANENTCOMMUNITY RESOURCESCS:yesGC34090 historic value304.10Keys to the CityPERMANENTCITY MANAGER CLERKCC:noGC34090 historic value304.11Sister City ProgramPERMANENTCITY MANAGER CLERKCC:noGC34090 historic valueECON/MKT305PUBLICATIONS[was 102]305.01Public Hearing Postingscurrent year + 2 yearsPERMANENTissuing dept CC:noGC34090.7; 54960.1(c)(1)305.02Public Hearing Notices returned undelivered by Post Office (Planning)current year + 2 yearsPLANNING PL:noGC34090 City Attorney Opinion 6/21/2011305.03Display Ads and Miscellaneous (non-legal)current year + 2 yearsissuing deptCC:noGC34090305.04Subscriptions (non-City publications)destroy at willreceiving dept CC:nonon-record305.05Publication Ratesuntil supersededFINANCE CC:no non-record305.06Web Site filescurrent year + 2 yearspublishing dept CC:noGC34090305.07 IOIs = Items of Interest (weekly email blast)current year + 2 yearsCM deptCC:noGC34090305.08 Press Releases, Issued by Citycurrent year + 2 yearsissuing deptCM:noGC34090305.09Newsletter, Created by Cityuntil superseded + 2 yearsissuing dept partial GC34090305.10Other Publications, Created by Cityuntil superseded + 2 years issuing deptnoGC34090305.11City Brochures, Visitor Maps, and Calendars, Created by Cityuntil superseded + 2 years issuing deptnoGC34090400 FINANCIAL AND FISCALFINANCIAL 401GENERAL ACCOUNTING401.01 Chart of Accountsuntil audited + 7 yearsFINANCEF:noGC34090401.02 Budgetary Accountinguntil audited + 7 yearsFINANCEF:noGC34090401.03 Budget Adjustmentsuntil audited + 7 yearsFINANCEF:noGC34090Revised by Gladwell Governmental Services, Inc. (909) 337-3516 Page 13 of 42City of La Quinta - June 4, 201971
UFFSDescriptionTOTALPrimary Scan /CitationNumberRETENTIONResponsibility Image401.04 Check Registersuntil audited + 7 yearsFINANCEF:noCCP337; GC34090401.05 Fixed Assets: Inventory, Valuation and Disposal until audited + 7 years FINANCE F:noGC34090; 26CFR301 65-1(F)401.06[OPEN] Requests for Payment (check requests) (accounts payable)until audited + 7 yearsFINANCEF:noGC34090401.07[OPEN] Demands and Warrants (accounts payable)until audited + 7 yearsFINANCECC:noGC34090401.08 Petty Cashuntil audited + 7 yearsFINANCEF:noGC34090401.09 Statements of Indebtednessuntil audited + 7 yearsFINANCECC:noGC34090401.10[OPEN] Monthly Financial Statements (Rev/Exp Rpts) (In Council Agenda Packet)current year + 2 yearsFINANCECC:noGC34090401.11 Annual Financial Statements and Reports (CAFR)PERMANENTuntil audited + 7 yearsFINANCEF:yesGC34090.7401.12 State Revenues (Mandated Costs)until audited + 7 yearsFINANCEF:noGC34090401.13 Fiscal Analysiscurrent year FINANCEF:noPreliminary draft non-record, compilation401.14 Revenue Studiescurrent year FINANCE F:noPreliminary draft non-record, compilation401.15[OPEN]401.16 Gann Regulations (see 410.10 for Gann Limit)until superseded + 2 years FINANCECC:no GC34090, 40801401.17[OPEN]401.18 Waste Management Feeswhile current + 2 years CITY MANAGER CC:noGC34090401.19 Grants and Sponsorships (granted BY City)until audited + 7 years managing dept. F:noGC34090 + Dept extension401.20Journal Entriesuntil audited + 7 yearsFINANCEF:noGC34090FINANCIAL 402BANKING RECORDS402.01 Bank Deposit Slipsuntil audited + 7 yearsFINANCEF:no GC34090; CCP337402.02 Bank Statementsuntil audited + 7 yearsFINANCEF:noGC34090; 26CFR16001-1402.03 Check Stubs, Canceled Checksuntil audited + 7 yearsFINANCEF:no GC34090; CCP337402.04 Signature Cards and Authorizationsuntil separated + 5 years FINANCEF:noGC34090 see Oath402.05[OPEN]402.06 Bank Reconciliationuntil audited + 7 yearsFINANCEF:noGC34090 same as 402.02 402.07Daily Cash Reports (renamed from Daily Balance Reports from Bank Reconciliation) until audited + 7 years current yearFINANCEF:noGC34090 non-record, working papers402.08 Bad Checks / Stale/Dated Checks / Voided Checks / Stop Paymentsuntil audited + 7 yearsFINANCEF:no GC34090; CCP337402.09[OPEN] Stale/Dated Checksuntil audited + 7 yearsFINANCEF:noGC34090; CCP337402.10[OPEN] Voided Checksuntil audited + 7 yearsFINANCEF:noGC34090; CCP337402.11[OPEN] Stop Paymentsuntil audited + 7 yearsFINANCEF:noGC34090; CCP337FINANCIAL 403AUDITS403.01 Audit Reports, Internaluntil audited + 7 years 4 yearsFINANCEF:no GC34090; OMB:A-128403.02 Audit Reports, Externaluntil audited + 7 years 4 yearsFINANCEF:no GC34090; OMB:A-128403.03 Audit Guidelinesuntil superseded + 2 years FINANCEF:noGC34090; 40801403.04 Audit Preparation Documentsuntil audited + 7 yearsFINANCEF:no GC34090; OMB:A-128403.05 Audit Working Filesuntil audited + 7 yearsFINANCEF:no GC34090; OMB:A-128FINANCIAL 404PAYROLLRevised by Gladwell Governmental Services, Inc. (909) 337-3516 Page 14 of 42City of La Quinta - June 4, 201972
UFFSDescriptionTOTALPrimary Scan /CitationNumberRETENTIONResponsibility Image404.01 Payroll Records, Activeuntil audited + 7 years until separation + 3 yearsFINANCEF:no GC34090; 29CFR516.2404.02 Payroll Records, Terminateduntil audited + 7 years 3 yearsFINANCEF:no GC34090; 29CFR516.2404.03 Payroll Deductions and Authorizationsuntil audited + 7 years until separation + 3 yearsFINANCEF:no GC34090; 29CFR516.2404.04 Payroll Schedules (Salary Schedules / Rate of Pay)until audited + 7 years until separation + 2 yearsFINANCEF:noGC12946; 29CFR516.6(2) & 1602.14404.05 Time Sheetsuntil audited + 7 yearsFINANCEF:noGC34090; 29CFR516.2; 20CFR516.6(1);IRS Reg 31.6001-1(e)(2 z); R&T19530; LC1174(d)404.06 W-2 Formsuntil audited + 7 years PERMANENTFINANCEF:no29CFR1627.3 (2); GC34090GC12946404.07 Vacation and Sick Leave Balance Reportscurrent year + 2 yearsFINANCEF:noGC34090404.08FICA - Medicare Payroll RegistersPERMANENTFINANCEF:noGC34090;GC37207404.09[OPEN] Workers' CompensationPERMANENTHUMAN RESOURCESF:noGC34090 same as 404.06FINANCIAL 405BONDS405.01 Municipal Bondsuntil paid + 10 years FINANCE F:noGC34090,43900; CCP337.5, 336; 26 CFR 1.6001-1(e)405.02 Assessment Bondsuntil paid + 10 yearsFINANCEF:noGC34090,43900; CCP337.5, 336; 26 CFR 1.6001-1(e)405.03 Surety Bonds (Notary Public, etc.)until paid + 10 yearsCLERKCC:noGC34090,43900; CCP337.5, 336; 26 CFR 1.6001-1(e)405.04 Revenue Bondsuntil paid + 10 years FINANCE F:noGC34090,43900; CCP337.5, 336; 26 CFR 1.6001-1(e)405.05 General Obligation Bondsuntil paid + 10 yearsFINANCEF:noGC34090,43900; CCP337.5, 336; 26 CFR 1.6001-1(e)405.06 Tax Allocation Bondsuntil paid + 10 yearsFINANCEF:yesGC34090,43900; CCP337.5, 336; 26 CFR 1.6001-1(e)405.07 Bond Annual Statementsuntil paid + 10 yearsFINANCEF:noGC34090,43900; CCP337.5, 336; 26 CFR 1.6001-1(e)405.08 Bond Registeruntil paid + 10 years FINANCE F:noGC34090,43900; CCP337.5, 336; 26 CFR 1.6001-1(e)405.09 Dev. Performance Bonds, CDs, Letters of Cr (w/o SIAs)until paid + 10 yearsCLERKCC:noGC34090,43900; CCP337.5, 336; 26 CFR 1.6001-1(e)405.10 Bond Foreclosureswhile current + 10 yearsFINANCEF:noGC34090,43900; CCP337.5, 336; 26 CFR 1.6001-1(e)Revised by Gladwell Governmental Services, Inc. (909) 337-3516 Page 15 of 42City of La Quinta - June 4, 201973
UFFSDescriptionTOTALPrimary Scan /CitationNumberRETENTIONResponsibility ImageFINANCIAL 406RETIREMENT406.01 Public Employees Retirement System PERSPERMANENTHUMAN RESOURCES CC:no29CFR1627.3 (2); GC12946; GC34090406.02 Deferred Compensation Plans PERMANENT HUMAN RESOURCES CC:no29CFR1627.3 (2); GC12946; GC34090 same as 406.01406.03PARS Trust (Public Agency Retirement Services) / OPEB Trust (Other Post Employment Benefits) /Supplemental Pension PlanPERMANENTFINANCEF:yesGC12946; GC34090FINANCIAL 407INVESTMENTS407.01 Investment Statementsuntil audited + 7 years PERMANENTFINANCEF:yesGC34090; CCP337; GC53607407.02 Investment Confirmationsuntil audited + 7 years PERMANENTFINANCEF:noGC34090; CCP337; same as 407.01407.03 Investment Policyuntil superseded + 5 years FINANCEF:yesGC34090(d)407.04 Investment Monthly Reportsuntil audited + 7 yearsFINANCEF:yes GC34090; OMB A-128FINANCIAL 408REVENUE408.01 Accounts Receivableuntil audited + 7 yearsFINANCEF:noGC34090408.02 Daily Cash Receiptsuntil audited + 7 yearsFINANCEF:no GC34090; CCP337408.03[OPEN] Business Licenses [also see 451 for operational info]until expired + 4 yearsFINANCEF:noGC34090; CCP337408.04[OPEN] Dog Licenses Feesuntil audited + 7 yearsFINANCEF:noGC34090408.05[OPEN] Permit Feesuntil audited + 7 yearsissuing dept and FINANCEPL:noGC34090408.06 Development Impact Feesuntil audited + 7 yearsPUBLIC WORKS and FINANCECC:noGC34090408.07 Development Agreement Feesuntil closed audited + 7 yearsPLANNING and FINANCECC:no GC34090408.08 Fee Waiver Requests until audited + 7 yearsPLANNING FINANCE F:noGC34090408.09[OPEN] Franchise Feesuntil audited + 7 yearsFINANCEF:noGC34090408.10[OPEN] Fee Schedules [see 411.02 for fee studies]until superseded + 2 yearsCLERKCC:yes-LFGC34090 & 40801408.11[OPEN] Funding Program (ERAF, etc.)until completed + 5 yearsFINANCEF:noGC34090408.12 Grants Received and Donations TO Cityuntil completed + 5 years or grant close-out procedureapplying dept some24CFR570.502(a); OMB Cir A-110 (attach C), A-133 2 CFR 200.333, GC8546.7, 34090408.13Vehicle Impound Fees Collection Agency Records (Data Ticket)until audited + 7 yearsFINANCEF:noGC34090408.14[OPEN] Finesuntil audited + 7 yearsFINANCEF:noGC34090408.15 Surplus / Auction Salesuntil audited + 7 yearsFINANCEF:no GC34090; CCP337408.16 Promissory Notes TO Cityuntil satisfied + 7 yearsFINANCEF:no GC34090; CCP337408.17 Grant Applications, Unsuccessfuluntil rejected + 2 years applying deptnoGC34090FINANCIAL 409TAXES409.01 Sales Taxuntil audited + 7 years FINANCE F:noR&T 19530; 26 CFR 31.6001-1(e)(2); 29CFR 516.5 - 516.6, GC34090 CCP338Revised by Gladwell Governmental Services, Inc. (909) 337-3516 Page 16 of 42City of La Quinta - June 4, 201974
UFFSDescriptionTOTALPrimary Scan /CitationNumberRETENTIONResponsibility Image409.02 Property Tax, Applied Refuse Levy, etcuntil audited + 7 yearsFINANCEF:noR&T 19530; 26 CFR 31.6001-1(e)(2); 29CFR 516.5 - 516.6, GC34090 CCP338409.03 Transient Occupancy Tax (TOT) [also see 452 for STVR operational info] until audited + 7 yearsDESIGN & DEV.FINANCED&D F:noR&T 19530; 26 CFR 31.6001-1(e)(2); 29CFR 516.5 - 516.6, GC34090 CCP338409.04 Gas Taxuntil audited + 7 years FINANCE F:noR&T 19530; 26 CFR 31.6001-1(e)(2); 29CFR 516.5 - 516.6, GC34090 CCP338409.05[OPEN] Documentary Transfer Taxuntil audited + 7 yearsFINANCEF:noCCP338FINANCIAL 410BUDGETS410.01 Budget Preparation Filescurrent year + 2 yearspreparing dept F:noGC34090410.02[OPEN] Revenue Estimatescurrent year + 2 yearsestimating deptF:noGC34090410.03[OPEN] Capital Expenditure Estimatescurrent year + 2 yearsestimating deptF:noGC34090410.04 Capital Improvements Budget, ApprovedPERMANENTFINANCEF:yesGC34090410.05[OPEN] Budget Manuals and Calendarscurrent year + 2 yearsFINANCEF:noGC34090410.06 Budget Status Reportscurrent year + 2 yearsFINANCEF:noGC34090410.07 Budgets, Approved (CC, RDA, FA)PERMANENTCLERKF:noGC34090410.08 Budgets, Special ProjectsPERMANENTsupervising dept F:noGC34090410.09 Financial Support Requestscurrent year + 2 years departmentF:noGC34090410.10[OPEN] Gann Appropriations Limit (for Regs see 401.16) PERMANENTFINANCEF:noGC34090FINANCIAL 411COST ANALYSIS AND FEE STUDIES411.01Development Impact Fee (DIF) Studies and Transportation Uniform Mitigation Fee (TUMF) Studiesuntil superseded + 2 yearsDESIGN & DEV.PLANNING and PUBLIC WORKSD&D CC:noGC34090d411.02 Fee Studiesuntil superseded + 2 yearsCLERKCC:noGC34090d411.03Transportation Uniform Mitigation Fee (TUMF) Studiesuntil superseded + 2 yearsDESIGN & DEV.D&D:noGC34090dFINANCIAL 412ACCOUNTS PAYABLE AND PURCHASING412.01 Accounts Payableuntil audited + 7 yearsFINANCEFIN:yesGC34090 412.02 1099 Formsuntil audited + 7 yearsFINANCEFIN:yesGC34090 412.03LQ Public Safety Officer Survivor Fund W-9sUntil vendor not activeuntil audited + 7 yearsFINANCEFIN:yesGC34090 412.04 Purchase Ordersuntil audited + 7 yearsFINANCEFIN:yesGC34090 412.05Authorization to Purchase (other than bids -Credit Card Users, Home Depot, etc.)until audited + 7 yearsFINANCEFIN:yesGC34090 412.06 Products, Services, and Catalogs (reference)destroy at willall departments Dept:nonon-record412.07[OPEN] Purchasing Policy (Reso)until superseded + 2 yearsFINANCEFIN:yesGC34090; GC40801412.08 Vendors Lists and Brochuresdestroy at willFINANCEFIN:nonon-record412.09 Pricing Listsdestroy at willFINANCEDept:nonon-record412.10 Office Supplies Ordered by Depts. (w/o POs)destroy at willall departments FIN:yesnon-record412.11 Travel Request and Expenseuntil audited + 7 yearsFINANCEFIN:yesGC34090 412.12Recognized Obligation Payment Schedules (re RDA Dissolution)until final payment + 7 yearsFINANCEFIN:yesGC34090Revised by Gladwell Governmental Services, Inc. (909) 337-3516 Page 17 of 42City of La Quinta - June 4, 201975
UFFSDescriptionTOTALPrimary Scan /CitationNumberRETENTIONResponsibility ImageFINANCIAL 413BIDS413.01 Invitation to Biduntil audited + 7 yearsCLERKinviting deptCC:noGC34090 & 25105-1; CCP337 413.02 Unsuccessful Bids, Cap Improv Projects and Formal >$25Kcurrent year + 2 years 7 yearsCLERK CC:no GC34090d413.03 Unsuccessful Bids, Services and Informal <$25Kcurrent year + 2 years 7 yearsCLERK CC:no GC34090d413.04 Bids, Vehicles and Equipment, Invitation, Results, etc until audited + 7 years FINANCE PL:no/F:noGC34090d same as 413.01413.05 Bidders List, Pre-Qualifieddestroy at willPUBLIC WORKS CC:nopreliminary draft non-record, reference; GC34090413.06[OPEN] Consultant Information, Generaldestroy at willinterested deptCC:nonon-record, reference413.07 RFPs / RFQs / RFIs / Bids - Unsuccessful (no State or Federal Funding)current year + 2 years 7 yearsCLERK CC:yesGC34090d same as 413.01413.08 RFPs / RFQs / RFIs / Bids - Successfuluntil audited + 7 yearsCLERKPL:yesGC34090d same as 413.01413.09RFPs / RFQs / RFIs / Bids - Other Services, Successful(with State or Federal Funding)until audited + 7 years 30 yearsCLERK PL:yesGC34090d same as 413.01413.10[OPEN] Bids, Inform/al, Successfuluntil audited + 7 yearsCLERKPL:noGC34090d same as 413.01450 BUSINESS LICENSES AND VACATION RENTAL PROGRAMBL & STVR 451BUSINESS LICENSES[was 408.03]451.01BL - Licenses and Applications, Renewalsuntil expired + 4 yearsDESIGN & DEVD&D:yesGC34090;CCP337451.02BL - Renewal Notices (software can Re-create these)until renewal + 2 yearsDESIGN & DEVD&D:yesGC34090451.03BL - Refund Claims - investigationuntil resolved + 2 yearsDESIGN & DEVD&D:yesGC34090BL & STVR 452VACATION RENTAL PROGRAMnew452.01STVR - New Applicationsuntil expired + 4 yearsDESIGN & DEVD&D:yesGC34090;CCP337452.02STVR - Permitsuntil expired + 4 yearsDESIGN & DEVD&D:yesGC34090;CCP337452.03STVR - Permit Renewals (software can Re-create these)until expired + 4 yearsDESIGN & DEVD&D:yesGC34090;CCP337452.04STVR - TOT Paymentsuntil audited + 7 yearsDESIGN & DEVD&D:yesGC34090;CCP337452.05STVR - Refund Claims - investigation (TOT)until resolved + 2DESIGN & DEVD&D:yesGC34090452.06STVR - Resident Info, Education, Workshopscurrent year + 2 yearsDESIGN & DEVD&D:yesGC34090500 HUMAN RESOURCES & RISK MANAGEMENT [files reordered]HR & RM 501HUMAN RESOURCES ADMINISTRATION[numbers rearranged]501.01 Personnel Policyuntil superseded + 2 years HUMAN RESOURCE shared driveGC34090501.02Employee Assistance Program HR Formsuntil supersededHUMAN RESOURCEHR:yespreliminary drafts501.03Employee Handbook Employee Onboardinguntil superseded + 2 yearsHUMAN RESOURCEHR:noGC34090; GC12946501.04Employee Orientation Employee Rosteruntil supersededHUMAN RESOURCEHR:yesGC34090501.05Employee Incentive & Service AwardsEmployee Newsletterscurrent year + 2 yearsHUMAN RESOURCEHR:yesGC34090; GC12946501.06Employee Newsletters Employee Incentive and Service Awardswhile current + 2 yearsHUMAN RESOURCEHR:noGC34090; GC12946501.07Temporary Employment Agencies Employee Social Events - City Sponsoreddestroy at willHUMAN RESOURCEHR:nopreliminary drafts non-record501.08Affirmative Action Program Temporary Employment Agenciesuntil terminated + 6 yearsHUMAN RESOURCEHR:noGC34090; GC12946501.09Employee Social Events - City Sponsored Volunteer Program(s)until completed + 2 yearsHUMAN RESOURCEHR:noGC34090; GC12946501.10Unpaid Intern Programuntil completed + 2 yearsHUMAN RESOURCEHR:noGC34090; GC12946501.11Annual Notices2 yearsHUMAN RESOURCEHR:noGC34090; GC12946Revised by Gladwell Governmental Services, Inc. (909) 337-3516 Page 18 of 42City of La Quinta - June 4, 201976
UFFSDescriptionTOTALPrimary Scan /CitationNumberRETENTIONResponsibility ImageHR & RM 502PERSONNEL RECORDS502.01Full-time Permanent Employees (time sheets, etc) (Performance Evaluations, etc.)until separated + 6 5 years HUMAN RESOURCE HR:no29CFT1627.3; Lbr Rltns Sec 1174; 29CFR1602.30.31 2, 655.202, 516.6 et seq; GC6250et seq; GC12946, 34090, 1607.4; 45CFR1068.6(a) 502.02 Contract Employeesuntil separated + 6 5 years HUMAN RESOURCE HR:noGC34090same as 502.01502.03 Part-Time Employeesuntil separated + 6 5 years HUMAN RESOURCE HR:no29CFR1602.30.31, 516.6 et seq; GC12946, 34090 same as 502.01502.04 Temporary Employeesuntil separated + 6 5 years HUMAN RESOURCE HR:no29CFR1602.30.31, 516.6 et seq; GC12946, 34090 same as 502.01502.05 Terminated Employeesuntil separated + 6 5 years HUMAN RESOURCE HR:no29CFR1602.30.31, 516.6 et seq; GC12946, 34090 same as 502.01502.06Retired Employeesretirement + 6 yearsHUMAN RESOURCEHR:no29CFR1602.30.31, 516.6 et seq; GC12946, 34090 same as 502.01502.07(OPEN) Volunteersuntil separated + 6 yearsHUMAN RESOURCEHR:no29CFR1602.30.31, 516.6 et seq; GC12946, 34090 same as 502.01502.08Fingerprint IDs Boards and Commission Membersuntil separated + 6 5 years HUMAN RESOURCE HR:no29CFR1602.30.31, 516.6 et seq; GC12946, 34090 same as 502.01502.09 Oaths of Office - all Employees, all classificationsuntil separated + 6 5 years HUMAN RESOURCE HR:no29CFR1602.30.31, 516.6 et seq; GC12946, 34090 same as 502.01502.10Paid Internsuntil separated + 6 yearsHUMAN RESOURCEHR:no29CFR1602.30.31, 516.6 et seq; GC12946, 34090502.11Appointments to Acting City Manager, Acting Clerk, Acting Directors, etc.current year + 2 yearsHUMAN RESOURCEHR:noGC34090HR & RM 503SALARY AND BENEFITS[number rearranged]503.01Salary Benefit Plansuntil superseded/expired + 2 yearsHUMAN RESOURCE HR:no29 CFR 1627.3(b)(2); 29 USC 1027; GC12946, 34090503.02Salary Surveys Benefits: Medical Insuranceuntil superseded/expired + 2 yearsHUMAN RESOURCE HR:no29 CFR 1627.3(b)(2); 29 USC 1027; GC12946, 34090Revised by Gladwell Governmental Services, Inc. (909) 337-3516 Page 19 of 42City of La Quinta - June 4, 201977
UFFSDescriptionTOTALPrimary Scan /CitationNumberRETENTIONResponsibility Image503.03Consumer Price Index (CPI) Files Benefits: Life Insuranceuntil superseded/expired + 2 yearsHUMAN RESOURCE HR:no29 CFR 1627.3(b)(2); 29 USC 1027; GC12946, 34090503.04Salary Schedules Benefits: Retirement until superseded/expired + 2 yearsHUMAN RESOURCE HR:no29 CFR 1627.3(b)(2); 29 USC 1027; GC12946, 34090503.05Retirement Benefits: Visionuntil superseded/expired + 2 yearsHUMAN RESOURCE HR:no29 CFR 1627.3(b)(2); 29 USC 1027; GC12946, 34090503.06Medical Insurance Benefits: Dentaluntil superseded/expired + 2 yearsHUMAN RESOURCE HR:no29 CFR 1627.3(b)(2); 29 USC 1027; GC12946, 34090503.07(OPEN) Benefits: TASC Flex Systemuntil superseded/expired + 2 yearsHUMAN RESOURCE HR:no29 CFR 1627.3(b)(2); 29 USC 1027; GC12946, 34090503.08Life Insurance Benefit Benefits: Wellnessuntil superseded/expired + 2 yearsHUMAN RESOURCE HR:no29 CFR 1627.3(b)(2); 29 USC 1027; GC12946, 34090503.09Management Compensation Salary Surveyscurrent year + 2 years HUMAN RESOURCE HR:noGC12946;34090; 29CFR516.6(2); 29CFR1602.14; 503.10Disability case files, short & long-term Salary Schedulescurrent year + 2 years HUMAN RESOURCE HR:noGC12946;34090; 29CFR516.6(2); 29CFR1602.14; 503.11Family Medical Leave Disability Case Filesuntil separated + 30 yearsPERMANENTHUMAN RESOURCE HR:noGC 6250 et seq; OMB A-129; 29CFR1602.31; 1602.32; 1627.3; LAB rel sec 1174; 29USC1027; 1113503.12 Leaves - Family Medicaluntil separated Closed + 30 yearsHUMAN RESOURCE HR:noFMLA1993 US OSHA; 29CFR1602.30 to .32; 49CFR193-9; 1910.20503.13Employee Assistance Program(s) (was in 501.02)until completed + 2 years HUMAN RESOURCE HR:noGC34090;12946503.14Computer Loan Programuntil separated + 6 yearsuntil separated + 5 yearsHUMAN RESOURCE HR:noGC34090 same as 502.01503.15COBRA Notices (Consolidated Omnibus Budget Reconciliation Act) / Offer to Spouse after a Divorce, etc.until completed + 2 yearsHUMAN RESOURCEHR:noGC34090HR & RM 504CLASSIFICATIONS504.01 Position Classificationsuntil superseded + 3 5 years HUMAN RESOURCE CC:no29CFT1627.3,29 CFR 1602.30.32; Lbr Rltns Sec 1174; GC 12946, 34090, 6250 et seq 504.02 Job Descriptionsuntil superseded + 3 5 years HUMAN RESOURCE CC:no29 CFR1602.32, GC 12946, 34090 same as 504.01504.03 Classification Surveyscurrent year + 3 2 years HUMAN RESOURCE CC:no29CFR516.6(2), 1602.14; GC12946, 34090Revised by Gladwell Governmental Services, Inc. (909) 337-3516 Page 20 of 42City of La Quinta - June 4, 201978
UFFSDescriptionTOTALPrimary Scan /CitationNumberRETENTIONResponsibility Image504.04 Reclassification Requestsuntil separated + 3 5 years HUMAN RESOURCE CC:no29CFR516.6(2), 1602.14; GC 12946, 34090 same as 504.01504.05Employee Evaluations (in Personnel file)until separated + 3 5 yearsHUMAN RESOURCECC:no29 CFR1602.32, GC 12946, 34090 same as 504.01HR & RM 505PERSONNEL MANAGEMENT505.01 Personnel Progress and Activity Reports (Quarterly Reports)current year + 2 years HUMAN RESOURCE CC:no GC34090, 12946505.02[OPEN] Personnel Counselinguntil separated + 2 yearsHUMAN RESOURCECC:noGC34090, 12946505.03 Personnel Questionnairescurrent year + 2 years HUMAN RESOURCE CC:no29CFR516.6(2), 1602.14; GC12946, 34090505.04 Personnel Actionscurrent year until separated + 2 yearsHUMAN RESOURCE CC:no29CFT1627.3, 1602.30.31 2; 516.6 Lbr Rltns Sec 1174; GC 12946, 34090, 6250 et seq 505.05 Planning and Organizationcurrent year + 2 years HUMAN RESOURCE CC:noGC34090505.06 Organization Chartsuntil superseded + 5 years HUMAN RESOURCE CC:noGC34090 same as 505.04HR & RM 506RECRUITMENT AND SELECTION506.01Applications for Employment / Tests and Examinations / Eligibility Lists / Recruitment Advertising / Notifications of Appointment / Interview Panel Noteswhile current + 3 years HUMAN RESOURCE HR:noGC12946, 340906250 et seq; 29CFR1602 et seq, 29 CFR 1627.3(b)(i) 1607; 49USC2000 (e)8 & (c)12506.02[OPEN] Tests & Examinationswhile current + 3 yearsHUMAN RESOURCEHR:noGC12946, 34090; 29CFR1602 et seq, 29 CFR 1627.3(b)(i) same as 506.01506.03[OPEN] Eligibility Lists, Activewhile current + 3 yearsHUMAN RESOURCEHR:noGC12946, 34090; 29CFR1602 et seq, 29 CFR 1627.3(b)(i) same as 506.01506.04[OPEN] Eligibility Lists, Inactivewhile current + 3 yearsHUMAN RESOURCEHR:noGC12946, 34090; 29CFR1602 et seq, 29 CFR 1627.3(b)(i) same as 506.01506.05[OPEN] Recruitment Advertisingwhile current + 3 yearsHUMAN RESOURCEHR:noGC12946, 34090; 29CFR1602 et seq, 29 CFR 1627.3(b)(i) same as 506.01506.06[OPEN] Notifications of Appointmentuntil separated + 5 yearsHUMAN RESOURCEHR:no29CFT1627.3, 1602.30.32; Lbr Rltns Sec 1174; GC 12946, 34090, 6250 et seq HR & RM 507EDUCATION AND TRAININGRevised by Gladwell Governmental Services, Inc. (909) 337-3516 Page 21 of 42City of La Quinta - June 4, 201979
UFFSDescriptionTOTALPrimary Scan /CitationNumberRETENTIONResponsibility Image507.01 Conferences and Seminarsdestroy at willcurrent year + 7 yearsattending dept HR:nonon-records GC6250507.02 Educational Programs Employee Trainingcurrent year + 7 years sponsoring dept HR:no8 CCR 3203, 29 CFR 1627.3(b)(ii), LC 6429(c); GC 12946, 34090, 53235.2(b) GC6250507.03 Educational Reimbursement Programcurrent year + 7 years HUMAN RESOURCE HR:noGC34090, GC6250507.04 Training Programs, In-Housecurrent year + 7 years HUMAN RESOURCE HR:no8 CCR 3203, 29 CFR 1627.3(b)(ii), LC 6429(c); GC 12946, 34090, 53235.2(b) GC6250507.05Training Materials, In-House Succession Planning (eg LInKS, The LQ Academy)current year + 7 yearsHUMAN RESOURCEHR:no8 CCR 3203, 29 CFR 1627.3(b)(ii), LC 6429(c); GC 12946, 34090, 53235.2(b) GC6250HR & RM 508SAFETY AND MEDICAL RECORDS508.01Individual Medical Records / Pre-employment Physicals / Employee Accident Reports / Physical Exams, etc.until separated + 30 5 years HUMAN RESOURCE HR:no8 CCR 3204(d)(1) et seq., 29 CFR 1910.1020(d)(1)(i), LC 1198.5 29CFT1627.3, 1602.30.32; Lbr Rltns Sec 1174; GC 12946, 34090, 6250 et seq 508.02Accident Reports Public Incident Reports (no claim filed)current year + 2 years until disposition + 7 yearsRISK MANAGEMENTHUMAN RESOURCEHR:noGC34090 8 CCR 3204(d)(1) et seq., 29 CFR 1910.1020(d)(1)(i), GC 12946, 34090; LC 1198.5 29CFR1904.2, 1904.6; 29508.03Required Physical Exams First Aid Kits / AED (Automated External Defibrillator) Checks, Spreadsheetscurrent year + 5 years until disposition + 7 yearsRISK MANAGEMENTHUMAN RESOURCEHR:noGC34090 8 CCR 3204(d)(1) et seq., 29 CFR 1910.1020(d)(1)(i), GC 12946, 34090; LC 1198.5 29CFR1904.2, 1904.6; 29508.04 Safety Reportswhile current + 5 yearsRISK MANAGEMENTHUMAN RESOURCEHR:no 8 CCR 3203(b)(1), LC 6429c OMB1220-0029; 29CFR1904.4; GC34090508.05 Safety Investigation Files (OSHA, etc.) until disposition + 5 yearsRISK MANAGEMENTHUMAN RESOURCEHR:noGC34090 8 CCR 3203(b)(1), LC 6429c OMB1220-0029; 29CFR1904.4; GC34090 same as 508.04Revised by Gladwell Governmental Services, Inc. (909) 337-3516 Page 22 of 42City of La Quinta - June 4, 201980
UFFSDescriptionTOTALPrimary Scan /CitationNumberRETENTIONResponsibility Image508.06 Safety Policy and Proceduresuntil superseded + 2 yearsRISK MANAGEMENTHUMAN RESOURCEHR:no GC34090, 40801508.07aDOT Testing - All Results: results exceeding .02, positive drug results, refusals to submit to testing, employee assessments & referrals by Substance Abuse Professionals, calendar year summaries (re: Commercial drivers only)5 yearsHUMAN RESOURCE HR:no29 CFR 1627.3(b)(1)(v), GC 12946, 34090; 49 CFR 655.71 et seq.; 49 CFR 382.401 et seq. 49 CFR 653.71 Omnibus Trans Emp Testing Act of 1991; Fed DOT reg of 1994- 49CFR40 and382; Calif Vehicle Code 34520(a)508.07bDOT Testing: records documenting the collection process for drug & alcohol test, training of supervisors (re: Commercial drivers only)2 yearsHUMAN RESOURCEHR:no29 CFR 1627.3(b)(1)(v), GC 12946, 34090; 49 CFR 655.71 et seq.; 49 CFR 382.401 et seq. 49 CFR 653.71 same as 508.07aRevised by Gladwell Governmental Services, Inc. (909) 337-3516 Page 23 of 42City of La Quinta - June 4, 201981
UFFSDescriptionTOTALPrimary Scan /CitationNumberRETENTIONResponsibility Image508.07cDOT Testing: results under .02, negative drug tests, canceled drug tests (re: Commecial drivers only)1 yearHUMAN RESOURCEHR:no29 CFR 1627.3(b)(1)(v), GC 12946, 34090; 49 CFR 655.71 et seq.; 49 CFR 382.401 et seq. 49 CFR 653.71 same as 508.07a508.08Safety Committee (in house)while current + 5 yearsRISK MANAGEMENTHR:no8 CCR 3203(b)(1), LC 6429c OMB1220-0029; 29CFR1904.4; GC34090 same as 508.04HR & RM 509LABOR RELATIONS509.01 Labor Relations Policyuntil superseded + 2 years HUMAN RESOURCE CC:no GC34090, 12946 40801509.02 Fair Labor Laws and Standardsdestroy at will until superseded + 2 yearsHUMAN RESOURCE CC:nonon-records GC34090, 40801509.03 Employee Associations and Unions10 yearsPERMANENTHUMAN RESOURCE CC:noGC34090 29USC211(.c), 203(m),207(g)509.04 Negotiations / Meet and Confer10 yearsPERMANENTHUMAN RESOURCE CC:noGC34090same as 509.03509.05 Memorandum of Understanding (MOU)PERMANENTCLERKHUMAN RESOURCECC:noGC34090same as 509.03509.06 Impasse ProceduresPERMANENT HUMAN RESOURCE CC:noGC34090same as 509.03509.07 Grievancesuntil separation + 3 2 years HUMAN RESOURCE CC:noGC12946; 34090 29CFR1602; 29 CFR 1602.31 & 1627.3(b)(ii),509.08 Discrimination Complaintsuntil separation + 3 2 years HUMAN RESOURCE CC:noGC12946; 34090 29CFR1602; 29 CFR 1602.31 & 1627.3(b)(ii),509.09[OPEN] Discipline Policyuntil superseded + 2 yearsHUMAN RESOURCECC:noGC34090HR & RM 510RISK MANAGEMENT (this section will be deleted)510.01 - 510.18all files moved to 901 and 902600 CONTRACTS, SUPPLIES AND EQUIPMENTC, S & E 601[OPEN]C, S & E 602CONTRACTS AND AGREEMENTS602.01 Contracts and AgreementsPERMANENT (State requires exp+5 yrs)CLERKCC:yes-LFGC37090, CCP 337a, 4004; H&S19850; 2.08.110Employees Requested PERM for research value602.01aContracts and Agreements: Capital Improvements, Real Property, SettlementsPERMANENTCLERKCC: yesGC37090a, 4004;H&S19580; 2.08.110Revised by Gladwell Governmental Services, Inc. (909) 337-3516 Page 24 of 42City of La Quinta - June 4, 201982
UFFSDescriptionTOTALPrimary Scan /CitationNumberRETENTIONResponsibility Image602.01BContracts and Agreements: Services, Equipment, Maintenance, License Agr, etc.PERMANENT(State requires exp + 5 years)CLERKCC: yesDepartment request for research value602.02[OPEN] Document Tracking Logwhile in useCLERKCC: shared drivePreliminary Draft non-record602.03Promissory Notes (loans) and Grants to Residents for Code Compliance AssistancePERMANENT CLERK CC:yesGC34090, CCP 337a; 24CFR570.502(b)(3); 24CFR8.42; OMB Circ.SA-110602.04 Lease AgreementsPERMANENT (State requires exp+5 yrs)CLERK CC:yes-LFGC37090, CCP 337Employees Requested PERM for research value602.05 Franchise AgreementsPERMANENT (State requires exp+5 yrs)CLERK CC:yes-LFGC37090, CCP 337Employees Requested PERM for research value602.06 Subdivision Improve Agr (includes related bonds) PERMANENT CLERK CC:yes-LFGC37090, CCP 337Employees Requested PERM for research valueC. S & E 603INVENTORY, SUPPLIES AND MAINTENANCE603.01 Office Equipment Inventory and Manualsdestroy at willusing deptCC:nonon-record603.02 Office Supply Inventory and Informationdestroy at willusing deptCC:nonon-record603.03 Vehicle Titles and Registrationsuntil disposed + 2 yearsCLERKCC:noGC34090603.04 Vehicle Maintenance Recordsuntil disposed + 2 yearsPUBLIC WORKSBUILDINGCC:noGC34090603.05 Large Equipment Inventory and Manualsuntil disposed + 2 years using deptCC:noGC34090603.06 Large Equipment Maintenance Recordsuntil disposed + 2 years BUILDINGCC:noGC34090603.07 Work Orders and Service Requestsuntil disposed + 2 yearsissuing/receiving deptCC:no GC34090603.08 Vehicle Inventoryuntil superseded CLERK CC:noPreliminary drafts non-record, compilation700 LEGAL AND LEGISLATIVELEGAL/LEG 701LEGISLATIVE FILES701.01 Minutes: CC, RDA, FA, HA, SAPERMANENTCLERKCC:yes-LFGC34090ed,36814, 40801701.02Agendas, Staff Reports and Planning Guides: CC, RDA, FA, HA, SA (including CONFIDENTIAL Closed Session reports)paper = CY+2 yrs electronic = PERMANENT CLERK CC:yes-LFGC34090 State requires 2 yrs PERM = Staff request - research value701.03 Resolutions and Index: CC, RDA, FA, HA, SAPERMANENTCLERKCC:yes-LF GC34090ed,40801701.04 Ordinances and IndexPERMANENTCLERKCC:yes-LF GC34090ed,40801701.05[OPEN] Agenda Packets, etc: All City Ad Hoc, Advisory, SubCommitteespaper = CY+2 yrs electronic = PERMANENT CLERKCC:yes-LFGC34090 State requires 2 yrs PERM = Staff request - research value701.06 Agenda Packets, etc.: ALL Boards, Commissions, Committeespaper = CY+2 yrs electronic = PERMANENT CLERK CC:yes-LFGC34090 State requires 2 yrs PERM = Staff request - research valueRevised by Gladwell Governmental Services, Inc. (909) 337-3516 Page 25 of 42City of La Quinta - June 4, 201983
UFFSDescriptionTOTALPrimary Scan /CitationNumberRETENTIONResponsibility Image701.07Minutes: Drafts of ALL Boards, Commissions, Committeesdestroy at will working docsupporting deptCC:yes-LFPreliminary Draft non-record701.08 Resolutions and Index: Planning CommissionPERMANENTsupporting dept CC:yes-LF GC34090e d, 40801701.09 Successful Applications - Boards, Commissions, Committeesuntil expiration + 5 yearsCLERKCC:no GC34090d, 40801701.10 Unsuccessful Applications - Boards, Commissions, Committeesuntil disposition + 2 yearsCLERKCC:noGC34090 701.11 State Legislative Info (i.e. Brown Act)until supersededCLERKCC:nonon-record701.12 Federal Legislative Infountil supersededCITY MANAGER CC:nonon-record701.13 Ethics Certificates - all elected/appointed (re GC53235.2)until expiration + 5 years HUMAN RESOURCES CC:noGC34090, 40801, 53235.2701.14 La Quinta Muni Code, Supplements and CharterPERMANENTCLERKCC:yes-LFGC34090701.15 City Council Appointments to Outside Agencies + FPPC Form 806until expiration + 7 5 years CLERKCC:yes- website2 CCR 18705.5; 2 CCR 18702.5(b)(3); 81009(e) GC34090, 81009(e 40801701.16 Historical Files and City Incorporation docsPERMANENTall departments CC:yes-LF GC34090 historic value701.17 City Council Member History and Vacancy History PERMANENT CLERKCC:yes-shared driveGC34090701.18 Handbook: Boards, Commissions, Committees until superseded + 2 years CLERKCC:yes-shared driveGC34090701.19 Housing Authority By-LawsPERMANENTCLERKCC:yes-LFGC34090; CCP337.2701.20 Financing Authority By-LawsPERMANENTCLERKCC:yes-LFGC34090; CCP337.2701.21 Redevelopment Agency By-LawsPERMANENTCLERKCC:yes-LFGC34090; CCP337.2701.22 City Council / Boards / Commissions Rules of Procedureuntil superseded + 2 yearsCLERKCC:yes-LFGC34090701.23Lobbyist Forms and InfoPERMANENTCITY MANAGER CC:no2 CCR 18615(d), EC81009(b)701.24Oversight Board of Former RDA (agendas, minutes, resolutions, etc)PERMANENTCLERKCC:yes-LFGC34090(e) keep a minimum of 20 years per City Attorney701.25LQ Redevelopment Agency (files of all Depts)dissolution + 20 yearsCLERKCC:partialGC34090 keep a minimum of 20 years per City AttorneyLEGAL/LEG 702ELECTION FILES702.01 Election Record (filed by year)PERMANENTCLERKCC:noEC17130; GC22932; EC2653; GC34458-60; GC34090 702.02 Voter Registration, Roster of Voterscurrent year + 5 yearsCLERKCC:noEC17000, EC17300702.03 Ballot Measures (filed by year) PERMANENT CLERK CC:noEC17130; GC22932; EC2653; GC34458-60; GC34090 702.04[OPEN] < moved to 702.07a and b702.05a Election Ballots (all except 702.05b)election date+ ½ yearCLERKCC:noEC17302702.05b Election Ballots re: Assessments, Property-related Fees (Prop 218)PERMANENTCLERKCC:noGC 53753(e)(2) California Constitution Article XIII702.06 Oaths of Office - Elected and Appointed non-employeesuntil expiration + 6 yearsCLERKCC:no GC34090; 29USC1113702.07aNomination Filings, Committee, Candidate and Campaign Statements, FPPC Filings - UN-ELECTED Candidateselection date+ 5 yearsCLERKCC:noEC17100; GC81009(b); FPPC OpinionsRevised by Gladwell Governmental Services, Inc. (909) 337-3516 Page 26 of 42City of La Quinta - June 4, 201984
UFFSDescriptionTOTALPrimary Scan /CitationNumberRETENTIONResponsibility Image702.07bNomination Filings, Committee, Candidate and Campaign Statements, FPPC Filings - ELECTED CandidatesPERMANENT CLERK CC:noEC17100, GC81009(b); FPPC Advice Letter A-06-151702.08 Election Historical FilesPERMANENTCLERKCC:noGC34090 historic value702.09 Handbook: City Council until superseded + 2 years CLERK CC:no GC34090 702.10 Major Donor and Independent+B728 Exp. Cmte Stmtscurrent year + 7 years PERMANENTCLERKCC:no GC81009(c b)(g) 702.11 Candidate Election Manuals until superseded + 2 years CLERK CC:no GC34090702.12 Petitions: Recalls8 mos after election results are certifiedCLERK CC:no Election Code 17400(a)702.13 Petitions: Initiatives, Referendums, Charter Amend.8 mos after election results are certifiedCLERK CC:no Election Code 17200(a)702.14Candidate Statement - Fee Deferral Criteriauntil superseded + 2 yearsCLERKCC:noGC34090 Election CodeLEGAL/LEG 703LEGAL INVESTIGATION AND LITIGATION703.01Requests for Public Records [moved to 706.01]703.02[OPEN]703.03 Litigations (City a Party to Suit - Summons, Subpoenas)until settled + 2 yearsCLERKCC:yesGC34090 6254703.04[OPEN] Claims filed by City against others [duplicate of 510.02]703.05 Protests / Petitions, submitted to Councilcurrent year + 1 yearCLERKCC:no GC50115& 6253703.06Bankruptcy and Foreclosure Notices(non-City properties - City has an interest eg. lender, contractor, etc)same as related fileCLERKCC:nonon-records NA703.07 Legal Investigations, Civiluntil closed + 2 yearsCLERKCC:noGC34090703.08 Subpoenas to Appear / Depositions (City not a Party)current year + 2 yearsCLERKyesGC34090703.09 Subpoenas for Public Records (City not a Party)current year + 2 yearsCLERKyesGC34090LEGAL/LEG 704LEGAL OPERATIONS704.01 Legal Operations, General Referencewhile current + 2 years related deptCC:noGC34090704.02 Notices of Violation / Citations / Incident Reports / Appeals: ISSUEDuntil settled + 2 years issuing deptCC:noGC34090704.03 Notices of Violation: RECEIVED by Cityuntil settled + 2 years receiving dept CC:noGC34090704.04 Compliance Certification (ie Prop. 218 property fees/taxes) current year + 2 years PUBLIC WORKS CC:noGC 53753(e)(2) GC34090 704.05 Judgments and Dismissalscurrent year + 2 yearsCLERKCC:noGC34090704.06 Proof of Publication (legal published notices)current year + 2 years publishing deptCC:yes, PL:yesCCP343,349 et seq; GC911.2, GC 34090704.07 Statements of Economic Interest (Form 700)until separated + 7 yearsCLERKCC:noGC81009(e)704.08Notices of Pendency and Corresponding Releases- RECORDEDPERMANENTCLERKCC:yesGC34090(a)704.09Nuisance/Weed Abatements RECORDED RESOLUTIONS (also see 1307.02)PERMANENTCLERKCC:yesGC34090(a)704.10 Code Enforce/Animal Control: Administrative Hearingsuntil disposition + 2 years BUILDINGCC:noGC34090d704.11City Attorney Opinions and correspondence (confidential)until superseded + 2 years CLERK CC:no GC34090, 6254704.12 City Attorney Correspondence, Generalcurrent year + 2 years receiving dept CC:noGC34090704.13 Audio Recordings - Public MeetingsCouncil, RDA, FA, HA, SA, OB, Planning Com = PERMANENT All others = 5 years recording dept CC/PL:FTRGC34090.7, LQ Council Resolution 2011Revised by Gladwell Governmental Services, Inc. (909) 337-3516 Page 27 of 42City of La Quinta - June 4, 201985
UFFSDescriptionTOTALPrimary Scan /CitationNumberRETENTIONResponsibility Image704.13aVideo Recordings - Council MeetingsPERMANENT(State requires 90 days)IT SERVICESyes: websiteGC34090.6704.14 FPPC Regulations (not filings)until supersededCLERKCC:nonon-records GC34090704.15 Notary Public Certificationuntil separated + 5 yearsCLERKCC:no29CFT1627.3& 29CFR1602.30.32; Lbr Rltns Sec1174; GC6250, 12946, 34090704.16 Small Claimsuntil settled + 5 yearsCLERKCC:no GC34090; GC25105.5704.17 Federal Laws (Labor, Public Works, etc.) until superseded interested dept CC:nonon-records reference704.18Maddy's Act Posting Lists (re B+C appointments)until term expiration + 5 yearsCLERKCC:noGC34090, 40801704.19(OPEN) 704.20 Amicus Briefs / Amicus curiae until settled + 2 yearsCLERKCC:no GC34090; GC25105.5704.21(OPEN)704.22 Accidents Involving City Vehiclescurrent year + 2 years RISK MANGEMENT CC:noGC34090704.24 Public Safety Noticescurrent year + 2 yearsCLERKCC:noGC34090704.25 Conflict of Interest Code, Maps, Lists, Cases, Opinions, Infountil superseded + 5 yearsCLERKCC:noGC34090 FPPC Opinions704.26[OPEN]until settled + 5 yearsCLERKCC:no GC34090; GC25105.5704.27[OPEN] Notices re: fee increases per GC 66016one yearCLERKCC: N driveGC66016704.28[OPEN]704.29Ticket Distribution Records (FPPC Form 802)7 yearsCLERKCC: websiteGC 81009(e) FPPC Retention ScheduleLEGAL/LEG 705ASSESSMENT AND SPECIAL DISTRICTS705.01 Assessment Districts, General (Formation, Proposals)while current + 2 years DESIGN & DEV D&D:yesGC34090705.02 Assessment Districts, StudiesPERMANENTDESIGN & DEV D&D:yesGC34090705.03 Assessment District 1988-01PERMANENTCLERKD&D:yesGC34090705.04 Assessment District 1989-01PERMANENTCLERKD&D:yesGC34090705.05 Assessment District 1989-02PERMANENTCLERKD&D:yesGC34090705.06 Assessment District 1989-03 PERMANENTCLERKD&D:yesGC34090705.07 Assessment District 1989-04 PERMANENTCLERKD&D:yesGC34090705.08 Assessment District 1990-01PERMANENTCLERKD&D:yesGC34090705.09 Assessment District 1991-01PERMANENTCLERKD&D:yesGC34090705.10 Assessment District 1992-01PERMANENTCLERKD&D:yesGC34090705.11 Assessment District 1993-01PERMANENTCLERKD&D:yesGC34090705.12 Assessment District 1995-01PERMANENTCLERKD&D:yesGC34090705.13 Assessment District 1997-01PERMANENTCLERKD&D:yesGC34090705.14 Assessment District 2000-01PERMANENTCLERKD&D:yesGC34090705.15 Assessment District 2000-02PERMANENTCLERKD&D:yesGC34090705.16 Historic Preservation DistrictsPERMANENTPLANNINGPL:yesGC34090705.17 CSA 152 (Cty Service Areas Assessment- NPDES)PERMANENTDESIGN & DEV D&D:yesGC34090705.18 Assessment Districts, Release of LiensPERMANENTCLERKNoGC34090705.19Solid Waste Collection Assessment on Tax Rolls (Burrtec)PERMANENTDESIGN & DEVD&D:yesGC34090705.19L&L 89-1 - Engineer's Annual Levy ReportPERMANENTPUBLIC WORKSPW: noGC34090705.20L&L 89-1 - Annual Assessment RollPERMANENTPUBLIC WORKSPW: noGC34090705.21Assesment Districts - Annual Certification to CountyPERMANENTCLERKnoGC34090LEGAL/LEG 706PUBLIC RECORD REQUESTSRevised by Gladwell Governmental Services, Inc. (909) 337-3516 Page 28 of 42City of La Quinta - June 4, 201986
UFFSDescriptionTOTALPrimary Scan /CitationNumberRETENTIONResponsibility Image706.01 Requests for Public Records until completed + 2 yearsCLERKCC:yes-shared drive (S drive)records kept electronically onlyGC34090800 CONSTRUCTION AND ENGINEERINGCNSTR/ENG801GENERAL ADMINISTRATION801.01 Dept Stats & Building Permit Statistic Reportsuntil superseded + 2 years DESIGN & DEV CC:noGC34090d801.02 CondemnationsPERMANENTDESIGN & DEV CC:noGC34030a801.03[OPEN] Contractor Workers' Comp. Certificates (filed with Business Licenses)PERMANENTDESIGN & DEVCC:noCCR14311; 15400.2 Labor Code5405 Title8; GC34090801.04[OPEN] Utility ClearancesPERMANENTDESIGN & DEVCC:noGC34090a801.05 Infrastructure Improvement StandardsPERMANENTDESIGN & DEV CC:noGC34090aCNSTR/ENG802ENGINEERING PERMITS AND INSPECTIONS802.01 Permits - EncroachmentPERMANENTDESIGN & DEV D&D:yesGC34090a; H&S19850; 4003,4004802.02[OPEN] Permits - ExcavationPERMANENTDESIGN & DEVD&D:yesGC34090a; H&S19850; 4003,4004802.03 Permits - GradingPERMANENT DESIGN & DEV D&D:yesGC34090a; H&S19850; 4003,4004802.04 Permits - Mobile HomePERMANENTBUILDINGDESIGN & DEVD&D:yesGC34090a; H&S19850; 4003,4004802.05 Permits - Haul / Oversize Vehiclesuntil expiration + 2 years DESIGN & DEV D&D:yesGC34090d802.06 Plan Checksdestroy at will current year + 5 yearsDESIGN & DEV D&D:yesGC34090 CC Assoc of CA802.07 Inspection Daily LogsPERMANENT current year + 5 yearsDESIGN & DEV D&D:yesGC34090 CC Assoc of CA802.08Permits - DrivewayPERMANENTDESIGN & DEVD&D:yesGC34090CNSTR/ENG803ENGINEERING MAPS, PLANS AND SPECIFICATIONS803.01 Final Tract MapsPERMANENT DESIGN & DEV D&D:yesGC34090803.02 Final Parcel MapsPERMANENT DESIGN & DEV D&D:yesGC34090803.03 Grading Plans, Precise and RoughPERMANENTDESIGN & DEV D&D:yesGC34090803.04 Street Improvement PlansPERMANENTDESIGN & DEV D&D:yesGC34090803.05 Drainage Improvement PlansPERMANENTDESIGN & DEV D&D:yesGC34090803.06 Sewer Improvement PlansPERMANENTDESIGN & DEV D&D:yesGC34090803.07 Water Improvement PlansPERMANENTDESIGN & DEV D&D:yesGC34090803.08 Survey MapsPERMANENT DESIGN & DEV D&D:yesGC34090803.09 Construction Codes, EngineeringPERMANENTDESIGN & DEV D&D:yesGC34090A803.10 Standard Drawings, EngineeringPERMANENTDESIGN & DEV D&D:yesGC34090A803.11 Landscape SpecificationsPERMANENTDESIGN & DEV D&D:yesGC34090A803.12Water Quality Management PlanPERMANENTDESIGN & DEVD&D:yesGC34090CNSTR/ENG804BUILDING PERMITS AND INSPECTIONSRevised by Gladwell Governmental Services, Inc. (909) 337-3516 Page 29 of 42City of La Quinta - June 4, 201987
UFFSDescriptionTOTALPrimary Scan /CitationNumberRETENTIONResponsibility Image804.01 Building PermitsPERMANENT DESIGN & DEV D&D:yesGC34090a; H&S 19850; 4003,4004804.02 Demolition Permits (see 805.09 re: demo plans)current year + 2 years PERMANENTDESIGN & DEV D&D:yesGC34090a; H&S 19850 same as 804.01804.03Logs & Requests - Building Inspections Reportscurrent year + 2 years DESIGN & DEV D&D:no GC34090d; CBC 104.7804.04[OPEN] Logs & Requests - Code Enforcement Inspectionsuntil case completed+2 yearsCODED&D:noGC34090d804.05[OPEN] Utility Release Logscurrent year + 2 yearsDESIGN & DEVD&D:noGC34090d804.06 Permits, temporary structures/trailersuntil expired + 2 years DESIGN & DEV D&D:noGC34090d804.07 School Fee Receipts for Bldg PermitsPERMANENTDESIGN & DEV D&D:noGC34090a; H&S 19850 same as 804.01CNSTR/ENG805BUILDING PLANS AND SPECIFICATIONS805.01[OPEN] Building Plans, GuidelinesPERMANENTDESIGN & DEVD&D:yesGC34090a; H&S19850805.02a Residential Plans - FINAL - no common interestPERMANENTuntil closed + 2 yearsDESIGN & DEV D&D:yesGC34090a; H&S19850; CBC 104.7 & 107.5805.02b Residential Plans - FINAL - common interest or 3+ stories PERMANENT DESIGN & DEV D&D:yesGC34090a, 4003,4004; H&S 19850, 19853, CBC 104.7 & 107.5805.03 Multi-Family Residential Plans - FINALPERMANENTDESIGN & DEV D&D:yesGC34090, H&S 19850, 19853, CBC 104.7 & 107. same as 805.02b805.04 Commercial Plans - FINALPERMANENTDESIGN & DEV D&D:yesGC34090, H&S 19850, 19853, CBC 104.7 & 107. same as 805.02b805.05 Construction / Building Codes - State of CA, all editionsuntil superseded + 2 years PERMANENTDESIGN & DEVCLERKCC:no GC 50022.6 GC34090a 805.06Permit Application Packets w/ Plans (New applications - prior to permit issuance)current year + 1 year until expired + 2 yearsDESIGN & DEV D&D:noGC34090a 805.07 Building Plans (Permit Issued, No Final)PERMANENTuntil expired + 2 yearsDESIGN & DEV D&D:noGC34090, H&S 19850, 19853, CBC 104.7 & 107. same as 805.02b805.08 Address Creation MapsPERMANENTDESIGN & DEV D&D:noGC34090a805.09 Demo Plans and Bldg Plans for demolished buildings, Res/Comuntil closed + 2 years DESIGN & DEV D&D:yesGC34090a;H&S19850CNSTR/ENG806CAPITAL IMPROVEMENT PROJECTS - PLANNING806.01 Five - Year Planuntil superseded + 2 years CITY MANAGER D&D:noGC34090806.02 Ten - Year Planuntil superseded + 2 years CITY MANAGER D&D:noGC34090806.03[OPEN] Projects - DesignPERMANENTDESIGN & DEVD&D:yesGC34090CC337.15806.04[OPEN] Projects - In ProgressPERMANENTDESIGN & DEVD&D:yesGC34090 CC337.15806.05 Projects - CompletedPERMANENT DESIGN & DEV D&D:yesGC34090 CC337.15806.06[OPEN] Projects - Reference Onlydestroy at willinterested deptD&D:nonon-record806.07 Building Plans, City Capital ProjectsPERMANENTDESIGN & DEV D&D:yesGC34090 CC337.15Revised by Gladwell Governmental Services, Inc. (909) 337-3516 Page 30 of 42City of La Quinta - June 4, 201988
UFFSDescriptionTOTALPrimary Scan /CitationNumberRETENTIONResponsibility Image806.08CIP Project Number LogPERMANENTCLERKCC:yes-shared driveGC 34090, historical value; staff referenceCNSTR/ENG807MAINTENANCE CAPITAL PROJECTS - PROJECT FILES807.01 Street Improvements, Generaluntil supersededDESIGN & DEV D&D:yesGC34090 reference807.02 Street Planning, Generalcurrent year + 2 years DESIGN & DEV D&D:yesGC34090807.03 Street Maintenance and Repairscurrent year + 2 yearsFACILITIESDESIGN & DEVD&D:yesGC34090807.04 Striping: Crosswalks, Bike Lanescurrent year + 2 years DESIGN & DEV D&D:yesGC34090807.05 Street Naming and Signs (IISNS) PERMANENTDESIGN & DEV D&D:yesGC34090807.06[OPEN]807.07 Medianscurrent year + 2 years DESIGN & DEV D&D:yesGC34090807.08 Sidewalks current year + 2 years DESIGN & DEV D&D:yesGC34090807.09 Curbs and Gutterscurrent year + 2 years DESIGN & DEV D&D:yesGC34090807.10 Driveway Approachescurrent year + 2 years DESIGN & DEV D&D:yesGC34090807.11[OPEN] Street Sweeping current year + 2 yearsDESIGN & DEVD&D:yesGC34090807.12[OPEN]807.13[OPEN]807.14 Street Lightingcurrent year + 2 yearsFACILITIESDESIGN & DEVD&D:yesGC34090807.15 Bridges and OverpassesPERMANENT current year + 2 yearsDESIGN & DEV D&D:yesGC34090807.16 Street Closures and Detour Plans - Temporarycurrent year + 2 years DESIGN & DEV D&D:yesGC34090807.17 Street Closures - Permanent (City Ownership Retained)PERMANENTCLERKD&D:yesGC34090a807.18Right-of-Way - Case LogsPERMANENTDESIGN & DEVD&D:yesGC34090CNSTR/ENG808STORM DRAINAGE, FLOOD CONTROL, SANITATION808.01 Storm Drain Atlas, MapsPERMANENTDESIGN & DEV D&D:yesGC34090808.02Flood Control, Projects and Studies (eg Stormwater Report by Bechtel 1989)PERMANENTDESIGN & DEV D&D:yesGC34090808.03 Evacuation ChannelsPERMANENTDESIGN & DEV D&D:yesGC34090808.04 Floodway Maps, by FEMAdestroy at will FEMA recordDESIGN & DEV D&D:yes not a City record808.05Solid Waste Management, General [dup of 1200] NPDES - National Pollution Discharge Elimination System Permituntil superseded + 3 yearsDESIGN & DEVD&D:yes40 CFR 122.21, 122.41, 122.44808.06 Sewer and Septic Systems, Generaldestroy at willDESIGN & DEV D&D:nonon-recordreference808.07NPDES - National Pollution Discharge Elimination System Monitoring3 yearsDESIGN & DEVD&D:yes40 CFR 122.21, 122.41, 122.44CNSTR/ENG809TRAFFIC ENGINEERING809.01 Traffic Control, General Infodestroy at willDESIGN & DEV D&D:nonon-recordreference809.02(OPEN) Work Orderscurrent year + 10 yearsDESIGN & DEVD&D:yesGC34090809.03 Traffic Signals Maintenancecurrent year + 10 2 years DESIGN & DEV D&D:yesGC34090809.04[OPEN]809.05 Traffic Studies and Surveyscurrent year + 10 2 years DESIGN & DEV D&D:yesGC34090d809.06 Traffic Consultants / Marketingdestroy at willDESIGN & DEV D&D:yesnon-recordreference809.07 Speed Zoning Studiescurrent year + 10 2 years DESIGN & DEV D&D:yesGC34090d809.08[OPEN] Radar Equipmentuntil disposed + 2 yearsDESIGN & DEVD&D:yesGC34090 CNSTR/ENG810PARKING810.01[OPEN]810.02[OPEN]810.03[OPEN]Revised by Gladwell Governmental Services, Inc. (909) 337-3516 Page 31 of 42City of La Quinta - June 4, 201989
UFFSDescriptionTOTALPrimary Scan /CitationNumberRETENTIONResponsibility Image810.04[OPEN]810.05[OPEN]810.06 Street Parking: Limited and Restricted Zonesuntil superseded + 2 years DESIGN & DEV D&D:yesGC34090900 [OPEN] RISK MANAGEMENTRISK MGMT 901RISK MANAGEMENT - BUSINESS RELATED[was 510]901.01Claims for Damages Against the Cityuntil disposition + 5 yearsCLERKCC:noGC34090, CCP 337 25105.5901.02Claims for Damage to City Propertyuntil disposition + 5 7 yearsRISK MGMT CC:noGC34090, CCP 337 29CFR1904.2, 1904.6901.03Litigation Against City (stemming from Claims)until settled + 2 yearsCLERKCC:noGC34090, CCP 337 GC6254901.04Insurance Programs and Policies (including property schedules)PERMANENTRISK MGMTCC:yesGC34090901.05Indemnification Requirements for City Contractsuntil superseded + 2 years RISK MGMT CC:yesGC34090901.06Certificates of Insurance - required by the City from Parties to Contracts, Permits, Events, etcfollow retention of file to which it relatesrequiring dept CC:no GC34090; CCP 337901.07Property Loss History and Summaryuntil disposition + 7 yearsRISK MGMTRM:yesGC34090, CCP 337 29CFR1904.2, 1904.6901.08Property Loss Control Inspections and ReportsClosed + 5 yearsRISK MGMTRM:yesOMB1220-0029; 29CFR1904.4; GC34090901.09Underwriters' ReportsreferenceJPIA No not a City record901.10Risk and Cost-Benefit AnalysisClosed + 5 yearsRISK MGMTRM:noOMB1220-0029; 29 CFR1904.4;GC34090901.11Asbestos Survey ReportsPERMANENTRISK MGMTRM:noOMB1220-0029; 29 CFR1904.4; GC34090, CCP 337901.12Retrospective Computations - Annual and Invoices7 yearsRISK MGMTRM:noGC34090 901.13Asset Inventory (for Insurance)until disposition + 7 yearsRISK MGMTRM:noGC34090, 29CFR1904.2, 1904.6901.14CJPIA Info - Trainings, Forms, Opinions, Manuals, Audits, etc.referenceRISK MGMTRM:nonot a City recordRISK MGMT 902RISK MANAGEMENT - PERSONNEL RELATEDmoved to 902 from 510902.01[OPEN] HR Claimsuntil disposition + 7 yearsHUMAN RESOURCESHR:no2 CCR 11013(c); GC12946, 34090. 29CFR1904.2; 29902.02[OPEN] Insurance Policies & ProgramsPERMANENTHUMAN RESOURCESHR:noGC34090, CCP 337.2; 343902.03[OPEN] Unemployment Insurance, General Infountil superseded + 2 yearsHUMAN RESOURCESHR:noGC34090902.04[OPEN] Workers' Compensation, General Infountil superseded + 2 yearsHUMAN RESOURCESHR:noGC34090902.05Workers' Compensation, Case Files / Employee Accident and Injury Reportsuntil separated + 30 yearsPERMANENTRISK MANAGEMENT HUMAN RESOURCESHR:noGC 6250 et seq; OMB A-129; 29CFR1602.31; 1602.32; 1627.3; LAB rel sec 1174; 29USC1027; 1113Revised by Gladwell Governmental Services, Inc. (909) 337-3516 Page 32 of 42City of La Quinta - June 4, 201990
UFFSDescriptionTOTALPrimary Scan /CitationNumberRETENTIONResponsibility Image902.06[OPEN] C.O.B.R.A., Case filesPERMANENTHUMAN RESOURCESHR:noGC12946, 34090 GC6250; OMB A-129; 29CFR1602.30&1602.32& 1637.3; Lab Rel Sec 1174; 29USC1027& 1113 902.07[OPEN] Accident & Injury Reports, Employeeuntil disposition + 7 yearsHUMAN RESOURCESHR:no2 CCR 11013(c); GC12946, 34090. 29CFR1904.2; 29902.08[OPEN] Accident & Injury Reports, Non-Employeeuntil disposition + 7 yearsHUMAN RESOURCESHR:noGC 34090, CCP 337. 29CFR1904.2; 29902.09[OPEN] O.S.H.A.while current + 5 yearsHUMAN RESOURCESHR:no8 CCR 3203(b)(1), OMB 1220-0029; GC 34090; LC 6429c OMB1220-0029; 29CFR1904.4; GC34090902.10[OPEN] Employee Safety Committee [see 508.08]1000 PROPERTYPROPERTY 1001RIGHT - OF - WAYS1001.01 Easements, Granted BY the CityPERMANENTCLERKCC:yesGC34090a1001.02[OPEN] was Irrevocable Offers to Dedicate, combined with 1002.011001.03 EncroachmentsPERMANENT DESIGN & DEV CC:yesGC34090a1001.04 Easements, Granted TO the CityPERMANENTCLERKCC:yesGC34090aPROPERTY 1002REAL PROPERTY1002.01 Property Acquisitions - Grant Deed TO City (property purchased)PERMANENTCLERKCC:yesGC34090a1002.02[OPEN]1002.03 Street Vacations (City ownership relinquished)PERMANENTCLERKCC:yesGC34090a1002.04[OPEN]1002.05Appraisals CV Linkuntil disposition + 2 yearsPERMANENTCLERK CC:no GC34090, 6254(h)1002.06[OPEN]1002.07 Grant Deeds - Granted BY the City (sold property)PERMANENTCLERKCC:yesGC34090aPROPERTY 1003BOUNDARY FILES1003.01 City Boundary DescriptionsPERMANENTPLANNING and CLERKCC:yesGC34090a1003.02 Sphere of Influence FilesPERMANENTCLERKCC:yesGC34090aPROPERTY 1004ANNEXATIONS1004.01 Annexation, Generaluntil supersededDESIGN & DEV PL:no non-record, reference1004.02 Annexation, Studies and Reports (Potential) until disposition + 10 years DESIGN & DEV PL:no GC34090a; GC62541004.03 AnnexationsPERMANENT CLERKyesGC34090aPROPERTY 1005SILVERROCK PROPERTY1005.01Property Ownership, Purchase and AppraisalsPERMANENTCLERKCC: yesGC34090a1005.02Developers and Development PlansPERMANENTCITY MANAGERCM:noGC340901005.03BuildingsPERMANENTCITY MANAGERCM:noGC340901005.04Facility Operations and Maintenancecurrent year + 2 yearsFACILITIESFAC:noGC340901005.05CIP ProjectsPERMANENTENGINEERINGENG:yesGC34090Revised by Gladwell Governmental Services, Inc. (909) 337-3516 Page 33 of 42City of La Quinta - June 4, 201991
UFFSDescriptionTOTALPrimary Scan /CitationNumberRETENTIONResponsibility Image1005.06Environmental FilesPERMANENTPLANNINGPL:yesGC340901005.07Maps - Parcel, GIS, APN Lists, etcPERMANENTENGINEERINGENG:yesGC340901005.08Master Plan and Specific PlanPERMANENTPLANNINGPL:yesGC340901005.09Legal and Recorded RecordsPERMANENTCLERKCC: yesGC34090a1005.10DOF - State Dept of Finance Docs (re RDA Dissolution and SRR)Disolution + 20 yearsCITY MANAGERCM:noGC340901005.11Marketing, Press Releases and News Articlescurrent year + 2 yearsCITY MANAGERCM:noGC340901005.12Committees - Council Ad Hoc and Resident Committeescurrent year + 2 yearsCITY MANAGERCM:noGC340901100 PUBLIC FACILITIESFACILITIES 1101CITY-OWNED FACILITIES, maintenance and operation1101.01 City-Owned Facilities, General Infountil supersededFACILITIESBUILDINGCC:noPreliminary drafts non-record, reference1101.02 City Hall (construct. in project file)current year + 2 yearsFACILITIESBUILDINGCC:noGC340901101.03 Wellness Centercurrent year + 2 yearsFACILITIESBUILDINGCC:noGC340901101.04 Librariescurrent year + 2 yearsFACILITIESBUILDINGCC:noGC340901101.05 Police Facilitiescurrent year + 2 yearsFACILITIESBUILDINGCC:noGC340901101.06 Fire Stationscurrent year + 2 yearsFACILITIESBUILDINGCC:noGC340901101.07 Museumscurrent year + 2 yearsFACILITIESBUILDINGCC:noGC340901101.08 Corporate Maintenance Yardcurrent year + 2 yearsFACILITIESBUILDINGCC:noGC340901101.09Swimming Pool Chemicals, Readingscurrent year + 5 yearsFACILITIESBUILDINGCC:noGC34090FACILITIES 1102PARKS, OPEN SPACE AND GOLF COURSES1102.01 Park Studies, General and Master PlanPERMANENTFACILITIESCS:yesGC340901102.02 Parks, Specific Plans and Master PlansPERMANENTFACILITIESCS:yesGC340901102.03 Park Naming and Acceptance Dates PERMANENT FACILITIES & CLERK CC:yes GC34090d1102.04 Park Operations and Maintenancecurrent year + 2 years FACILITIESCS:noGC34090d1102.05 Park Construction and Capital ImprovementsPERMANENTDESIGN & DEV CC:no2.08.3110; GC34090a; 4004; H&S198501102.06Recreation Centers (not city-owned- Middle School Lighting Maintenance, etc.)current year + 2 years until supersededFACILITIESCS:noGC34090 1102.07 Dog Parkscurrent year + 2 years until supersededFACILITIESCS:noGC34090 1102.08 Skate Parkscurrent year + 2 years until supersededFACILITIESCS:noGC34090 1102.09 Adopt-a-Park Programcurrent year + 2 years completion + 4 yearsFACILITIESCS:no GC34090; CCP3371102.10SilverRock Golf Coursesale of property + 2 yearsFACILITIESCS:noGC340901200 UTILITIES, COMMUNICATIONS AND TRANSPORTATIONU, C & T 1201GENERAL UTILITIES [OPEN]1201.01Public Utilities Commission - Reference Materialuntil supersededinterested deptCC:noGC34090 Revised by Gladwell Governmental Services, Inc. (909) 337-3516 Page 34 of 42City of La Quinta - June 4, 201992
UFFSDescriptionTOTALPrimary Scan /CitationNumberRETENTIONResponsibility Image1201.02Public Utilities - UndergroundPERMANENTDESIGN & DEVD&D:noGC34090; 4003; 4004; H&S 198501201.03Easements from Property Owners to UtilitiesPERMANENTCLERKCC:noGC34090a1201.04(OPEN)U, C & T 1202GAS and ELECTRIC [OPEN]1202.01Southern California Gas Companyuntil supersededinterested deptCC:noGC340901202.02Imperial Irrigation Districtuntil supersededinterested deptCC:noGC340901202.03Southern California Edisonuntil supersededinterested deptCC:noGC340901202.04Rates, Rules, Regulations & Misc. Correspondenceuntil superseded + 2 yearsinterested deptCC:noGC34090d1202.05Solar Energy Informationuntil supersededinterested deptCC:noGC34090U, C & T 1203WATER SERVICE [OPEN]1203.01Coachella Valley Water Districtuntil supersededinterested deptCC:noGC340901203.02Rates, Rules, Regulations & Misc. Correspondenceuntil superseded + 2 yearsinterested deptCC:noGC34090d1203.03Lake Perris Damcurrent year + 2 yearsCLERKNoGC34090U, C & T 1204TELEPHONE [OPEN]1204.01Telephone Services, Publicuntil supersededinterested deptCC:noGC340901204.02Telephone Services, City Facilitiesuntil supersededinterested deptCC:noGC340901204.03Communication Facilities (inclu. Cell Towers)until superseded + 2 yearsinterested deptCC:noGC34090d1204.04Rates, Rules, Regulations & Misc. Correspondenceuntil superseded + 2 yearsinterested deptCC:noGC34090dU, C & T 1205INTERNET and CABLE TELEVISION [OPEN]1205.01Television Cable Servicesuntil supersededCITY MANAGERCC:noGC340901205.02Rates, Rules, Regulations & Misc. Correspondenceuntil superseded + 2 yearsCITY MANAGERCC:noGC34090dU, C & T 1206TRANSPORTATION1206.01 Regional Transportation, Generaluntil supersededinterested dept CC:no non-record, reference1206.02 Transportation Uniform Mitigation Fee (TUMF) until auditied + 7 years DESIGN & DEV CC:noGC34090 same as DIF1206.03 Bus Shelters / SUNLINEuntil supersededDESIGN & DEV CC:nonon-reference reference1206.04 Taxi Service / Auto for Hire - Licenses and Permits until termination + 4 years FINANCE CC:no GC34090U, C & T 1207WASTE AND RECYCLING1207.01State Code, Legislation, and Billsuntil supersededCITY MANAGERCM:nonot a City record1207.02Solid Waste and Recycling Franchisees (lists, info, corresp, etc - not contracts)current year + 2 yearsCITY MANAGERCM:noGC340901207.03Green and Sustainable Policies and Programsuntil superseded + 2 yearsCITY MANAGERCM:noGC340901207.04Recycling Programs and CAL-Recycle until superseded + 2 yearsCITY MANAGERCM:noGC340901207.05Community Events and Outreachcurrent year + 2 yearsCITY MANAGERCM:noGC340901207.06Ratescurrent year + 2 yearsCITY MANAGERCM:noGC340901207.07AssessmentsPERMANENTFINANCEFIN:noGC340901207.08ProjectsPERMANENTDESIGN & DEVD&D:yesGC34090 CC337.15Revised by Gladwell Governmental Services, Inc. (909) 337-3516 Page 35 of 42City of La Quinta - June 4, 201993
UFFSDescriptionTOTALPrimary Scan /CitationNumberRETENTIONResponsibility Image1300 PUBLIC SAFETYSAFE/ENV1301GENERAL ADMINISTRATION1301.01 Public Safety, Generaluntil superseded + 2 yearsCOMMUNITY RESOURCESCC:noGC340901301.02Environmental, Generaluntil superseded + 2 yearsCOMMUNITY RESOURCESCC:noGC34090SAFE/ENV1302EMERGENCY SERVICES1302.01 Emergency Operations Center (EOC)current year + 10 years PERMANENTCOMMUNITY RESOURCES / PUBLIC SAFETYCC:noGC340901302.02 Emergency Operations Plan (Standard OP)until superseded + 2 yearsCOMMUNITY RESOURCES / PUBLIC SAFETYCC:noGC340901302.03 Emergency Communications (FCC Radio License)until expiration + 2 5 yearsCOMMUNITY RESOURCES / PUBLIC SAFETYCC:noGC34090 CCP337.2 & CCP343; B&P7042.51302.04Emergency Events / Disaster Reporting / FEMA Claims / OES Claimscurrent year + 10 yearsuntil superseded + 2 yearsCOMMUNITY RESOURCES / PUBLIC SAFETYCC:noGC340901302.05 Hazard Materials Contingency Plansuntil superseded + 2 yearsFACILITIESCOMMUNITY RESOURCESCC:noGC340901302.06Evacuation Plans - Public Buildings Community Resources Available in Emergenciesuntil superseded + 2 yearsCOMMUNITY RESOURCES FACILITIESCC:no GC340901302.07 Emergency Sheltersuntil superseded + 2 yearsPERMANENTCOMMUNITY RESOURCES / PUBLIC SAFETYCC:noGC340901302.08[OPEN] Mutual Aiduntil superseded + 2 yearsCOMMUNITY RESOURCES CC:noGC340901302.09[OPEN] Warning System (Code Red)until superseded + 2 yearsCOMMUNITY RESOURCES CC:noGC340901302.10 FEMA Federal Emergency Management Agency Grants / Fundingcurrent year + 10 yearsuntil superseded + 2 yearsCOMMUNITY RESOURCES / PUBLIC SAFETYCC:noGC340901302.11[OPEN] Emergency Training Programs (standards, admin.)until superseded + 2 yearsCOMMUNITY RESOURCES CC:noGC34090 CalCode 3204d et seq.1302.12CERT Training Materials / CERT and Disaster Volunteers (CERT Applications)until superseded + 2 yearsCOMMUNITY RESOURCES / PUBLIC SAFETYCC:noGC34090 CalCode 3204d et seq.1302.13 CERT and Disaster Volunteers (CERT Applications)until superseded + 2 yearsCOMMUNITY RESOURCES / PUBLIC SAFETYCC:noGC340901302.14 Disaster Exercise Materials and Recordsuntil superseded + 2 yearsCOMMUNITY RESOURCES / PUBLIC SAFETYCC:noGC34090 CalCode 3204d et seq.SAFE/ENV1303POLICE SERVICES (PUBLIC SAFETY)1303.01 Law Enforcement Services, Generalcurrent year until superseded + 2 yearsCOMMUNITY RESOURCESCR:shared driveGC34090Revised by Gladwell Governmental Services, Inc. (909) 337-3516 Page 36 of 42City of La Quinta - June 4, 201994
UFFSDescriptionTOTALPrimary Scan /CitationNumberRETENTIONResponsibility Image1303.02 Crime and Incident ReportsSheriff recordCOMMUNITY RESOURCESCR:shared drivenon-City record1303.03a Accident Reports (no fatalities)Sheriff recordCOMMUNITY RESOURCESCR:shared drivenon-City record1303.03b Accident Reports (involving a fatality(s)Sheriff recordCOMMUNITY RESOURCESCR:shared drivenon-City record1303.04Alarm Systems (see 1307.10 Code Enforcement) [OPEN]1303.05 Vehicle Code Enforcement, copy (orig to Court)Sheriff recordCOMMUNITY RESOURCESCR:shared drivenon-City record1303.06Abandoned Vehicles (see 1307.12 Code Enforcement) [OPEN]1303.07Public Safety Body Camera System (NOT Peace Officers)1 yearCOMMUNITY RESOURCESCR:shared driveGC340901303.08Public Safety Special Projectsuntil completed + 2 yearsCOMMUNITY RESOURCESCR:shared driveGC34090dSAFE/ENV1304FIRE SERVICES1304.01 Fire Service, Generaluntil superseded + 2 yearsCOMMUNITY RESOURCESCR:shared driveGC340901304.02Occupancy Files: Annual Inspections / Biennial Inspections / New Contstruction / Fire and Life Safety Inspections (Businesses, Hotels, etc.)PERMANENTCOMMUNITY RESOURCESCR: Go EnforceCFC 104.6 – 104.6.4; GC340901304.03Finaled Permits - FirePERMANENTCOMMUNITY RESOURCESCR:TRAKiTGC340901304.03Active / Expired Permits - Fireuntil completed + 2 yearsCOMMUNITY RESOURCESCR:TRAKiTGC34090SAFE/ENV1305ANIMAL CONTROL1305.01[OPEN] Animal Shelterscurrent year + 2 yearsCOMMUNITY RESOURCESCR:shared driveGC340901305.02[OPEN] Animal Licensing, General (408.04 for Lic.fees)current year + 2 yearsDESIGN & DEVD&D: shared driveGC340901305.03[OPEN] Animal Inoculations, Spay/Neuter Records (with license)until expiration + 3 2 yearsDESIGN & DEVD&D: shared driveFA 32003(e), PC 597.1(d); GC340901305.04[OPEN] Animal Disposalcurrent year + 3 2 yearsCOMMUNITY RESOURCESCR:shared driveFA 32003(e), PC 597.1(d); CCP 337 et. seq., 3 CCR 1180.15; GC340901305.05 Animal Case Files and Logs / Hearingscurrent year + 3 2 yearsCOMMUNITY RESOURCESCR:shared driveFA 32003(e), PC 597.1(d); CCP 337 et. seq., 3 CCR 1180.15; GC340901305.06 Restraining Orders, Vicious AnimalsLife of Animal + 2 years PERMANENTCOMMUNITY RESOURCESCR:shared driveGC340901305.07Animal Complaints, Filed (line will be removed from schedule)until completed + 2 yearsCOMMUNITY RESOURCESCR:shared driveGC340901305.08Petitions, Barking Dog (line will be removed from schedule)current year + 1 yearCOMMUNITY RESOURCESCR:shared driveGC34090 GC50115 & 62531305.09Reports, Animal Bites (line will be removed from schedule)PERMANENTCOMMUNITY RESOURCESCR:shared driveGC340901305.10Animal Owner Release Forms (line will be removed from schedule)current year + 2 yearsCOMMUNITY RESOURCESCR:shared driveGC340901305.11Animal Control Officer Logs: daily, weekly, monthly (line will be removed from schedule)current year + 2 yearsCOMMUNITY RESOURCESCR:shared driveGC34090Revised by Gladwell Governmental Services, Inc. (909) 337-3516 Page 37 of 42City of La Quinta - June 4, 201995
UFFSDescriptionTOTALPrimary Scan /CitationNumberRETENTIONResponsibility Image1305.12Diseased / Injured Animal Treatment Authorization (line will be removed from schedule)current year + 3 2 yearsCOMMUNITY RESOURCESCR:shared driveFA 32003(e), PC 597.1(d); CCP 337 et. seq., 3 CCR 1180.15; GC340901305.13Animal Trap Lending Agreements (line will be removed from schedule)until expiration + 2 yearsCOMMUNITY RESOURCESCR:shared driveGC340901305.14Stat Reports: Animal Control (line will be removed from schedule)destroy at willCOMMUNITY RESOURCESCR:shared drivenon-record, compilationsSAFE/ENV1306[OPEN] was Environmental and Conservation - moved to 13501306.01Environmental - EA files1306.02Landscaping Guidelines1306.03Air Quality, Tests/Studies1306.04Noise Control, Tests/Studies1306.05Water Quality, Tests/Studies1306.06Water Conservation & General Info1306.07Conservation Areas1306.08Hazardous Waste, General Info1306.09Underground Storage Tanks, locations/issues1306.10Energy Conservation, General Info1306.11City-Wide Clean Up Campaigns1306.12Tree Trimming & Removal1306.13Waste Collection & Recycling, General Info [dup of 1207]1306.14Landfills, General Info1306.15Archaeological Surveys1306.16C.E.Q.A: Calif. Environmental Quality Act1306.17Endangered Species1306.18CV Multi-Species Habitat Conservation PlanSAFE/ENV1307CODE ENFORCEMENT AND PERMITS1307.01 Abatements, Weed - General (also see 704.09)current year until superseded + 2 yearsCOMMUNITY RESOURCESCR:shared driveGC340901307.02 Abatements, Weed, Property, Vehicle - Case Files (also see 704.09)until closed + 2 yearsCOMMUNITY RESOURCESCR:shared driveGC340901307.03 Permits - Home Occupation / Home BusinessesPERMANENTCOMMUNITY RESOURCESCR:shared driveGC34090PERM per dept request1307.04 Permits - Garage Saleuntil expiration + 2 years DESIGN & DEV D&D:TRAKiT GC34090d1307.05 Permits - Handbill Distribution until expiration + 2 yearsCOMMUNITY RESOURCESCR:shared driveGC34090d1307.06 Permits - Soliciting or Peddling until expiration + 2 yearsDESIGN & DEVCOMMUNITY RESOURCESD&D:TRAKiTCR:shared driveGC34090d1307.07 Permits - Photography / Film until expiration + 2 yearsCOMMUNITY RESOURCESCR:shared driveGC34090d1307.08 Permits - Pool Draininguntil expiration + 2 years DESIGN & DEV D&D:TRAKiT GC34090d1307.09Permits - Massage Therapist Backgrounds, Envorcement and Inspections incl Med, Fingerprint.until expiration + 2 yearsCOMMUNITY RESOURCESCR:shared driveGC34090d1307.10 False Alarm Activations and Notices - Case Files current year + 2 yearsCOMMUNITY RESOURCESCR:shared driveGC340901307.11[OPEN] Abatements, Lots - Case Filesuntil settled + 2 yearsCOMMUNITY RESOURCESCR:shared driveGC34090dRevised by Gladwell Governmental Services, Inc. (909) 337-3516 Page 38 of 42City of La Quinta - June 4, 201996
UFFSDescriptionTOTALPrimary Scan /CitationNumberRETENTIONResponsibility Image1307.12[OPEN] Abatements, Vehicles - Case Files until settled + 2 yearsCOMMUNITY RESOURCESCR:shared driveGC34090d1307.13 Municipal Code Violations - Case Filesuntil closed + 2 yearsPERMANENTCOMMUNITY RESOURCESCR:shared driveGC34090 PERM per dept request (State requires completed+2)1307.14 Stat Reports: Code Compliancedestroy at willCOMMUNITY RESOURCESCR:shared drivePreliminary draft non-record,compilations1307.15Permits - Golf Cartsuntil completed + 2 yearsDESIGN & DEVD&D:TRAKiTGC340901307.16Short-Term Vacation Rental Property Casesuntil completed + 2 yearsCOMMUNITY RESOURCESCR:shared driveGC340901307.17Administrative Hearings (file with Case Files)until settled + 2 yearsCOMMUNITY RESOURCESCR:shared driveGC34090d1307.18Code Compliance Outreach Campaignscurrent year + 2 yearsCOMMUNITY RESOURCESCR:shared driveGC340901307.19Festivals and Events - Code Operationscurrent year + 2 yearsCOMMUNITY RESOURCESCR:shared driveGC340901350 ENVIRONMENTAL AND CONSERVATIONENV/CONS 1351ENVIRONMENTAL AND CONSERVATION[was 1306]1351.01 Environmental - EA files (Environmental Assessment)PERMANENTPLANNINGPL:yesGC34090 1351.02 Landscaping Guidelinesuntil superseded + 2 years PLANNINGPL:no GC34090 & 408011351.03 Air Quality, Tests/Studieswhile current + 2 yearsPLANNINGPL:noGC34090d1351.04 Noise Control, Tests/Studieswhile current + 2 yearsPLANNINGPL:noGC34090d1351.05 Water Quality, Tests/Studieswhile current + 2 yearsPUBLIC WORKSPLANNINGCC:noGC34090d1351.06 Water Conservation - Programs and General Infowhile current + 2 yearsPLANNING and CITY MANAGERCC:noGC34090d1351.07 Conservation AreasPERMANENT PLANNING CC:no GC340901351.08 Hazardous Waste, General Info until supersededPLANNING and CITY MANAGERCC:no GC34090 1351.09 Underground Storage Tanks, locations/issuesPERMANENTBUILDINGB+S:noGC340901351.10 Energy Conservation, General Infountil supersededPLANNING and CITY MANAGERCC:noGC34090 1351.11 City-Wide Clean Up Campaignswhile current + 2 years PUBLIC WORKS PW:noGC340901351.12 Tree Trimming and Removalcurrent year + 2 years PUBLIC WORKS PW:noGC340901351.13Waste Collection & Recycling, General Info [dup of 1207]destroy at willCITY MANAGER CC:no non-record, reference1351.14 Landfills, General Infodestroy at willPLANNINGCC:no non-record, reference1351.15 Archaeological SurveysPERMANENTPLANNINGPL:noGC340901351.16C.E.Q.A: Calif. Environmental Quality ActPERMANENTPLANNINGPL:noNot City records1351.17Endangered SpeciesPERMANENTPLANNINGPL:noNot City records1351.18CV Multi-Species Habitat Conservation PlanPERMANENTPLANNING and CITY MANAGERPL:noNot City records1400 ARTS, RECREATION, AND EDUCATIONART/REC 1401CULTURAL ARTS1401.01 Art in Public Places - fund, program, inventory, receiptsPERMANENTCOMMUNITY RESOURCESCS:yesGC34090 Dept request-historic (State requires 2 yrs)1401.02 (OPEN) Community Services Grants (City General Fund to Non-Profits)current year + 5 yearsCOMMUNITY RESOURCESCS:yesGC34090Revised by Gladwell Governmental Services, Inc. (909) 337-3516 Page 39 of 42City of La Quinta - June 4, 201997
UFFSDescriptionTOTALPrimary Scan /CitationNumberRETENTIONResponsibility Image1401.03 Cultural Master Plans / Cultural Center Master Plansuntil superseded + 2 yearsCOMMUNITY RESOURCESCS:yes GC340901401.04 Performing Artscurrent year + 2 yearsCOMMUNITY RESOURCESCS:yes GC340901401.05 Art Foundations, Associations, Organizations, Committeescurrent year + 2 yearsCOMMUNITY RESOURCESCS:yes GC340901401.06Library and Museum & Cultural Centerscurrent year + 2 yearsCOMMUNITY RESOURCESCS:yes GC340901401.07Tourism & Visitor Centerscurrent year + 2 yearsCOMMUNITY RESOURCESCS:yesGC34090ART/REC 1402RECREATION PROGRAMS AND ACTIVITIESEXPERIENCES1402.01 Recreation Programs and Program Evaluationscurrent year + 2 yearsCOMMUNITY RESOURCESCS:noGC340901402.02Golf Courses, Publicuntil completed + 2 yearsCOMMUNITY RESOURCESCS:noGC340901402.03Skateboarding, Rollerskating, BMX Bikinguntil completed + 2 yearsCOMMUNITY RESOURCESCS:noGC340901402.04 Trails, Hiking, Biking, Equestrianuntil completed + 2 yearsCOMMUNITY RESOURCESCS:noGC340901402.05Experiences: Parades, Pageants and Community Eventsuntil completed + 2 yearsCOMMUNITY RESOURCESCS:noGC340901402.06Equipment Rentalsuntil audited + 7 yearsCOMMUNITY RESOURCESCS:noGC340901402.07 Rentals and Permits - Park and Facility Usecurrent year + 2 yearsCOMMUNITY RESOURCESCS:noGC340901402.08 Registrations, Adultswhile current + 2 yearsCOMMUNITY RESOURCESCS:noGC340901402.09 Registrations, Minorswhile current age 18 + 2 yearsCOMMUNITY RESOURCESCS:noGC34090 & Statute of Limitation1402.10Wellness Center Administrationcurrent year + 2 yearsCOMMUNITY RESOURCESCS:noGC34090dART/REC 1403EDUCATION1403.01Desert Sands Unified School Districtcurrent year + 2 yearsCITY MANAGERCC:noGC340901403.02Coachella Valley Unified School Districtcurrent year + 2 yearsCITY MANAGERCC:noGC340901403.03LaQuinta High Schoolcurrent year + 2 yearsCITY MANAGERCC:noGC340901403.04College of the Desertcurrent year + 2 yearsCITY MANAGERCC:noGC340901403.05Univ. of Calif. Riverside, Palm Desert Campuscurrent year + 2 yearsCITY MANAGERCC:noGC340901403.06Cal State San Bernardinocurrent year + 2 yearsCITY MANAGERCC:noGC340901500 GOVERNMENT ORGANIZATIONS AND OFFICESGOV/ORG 1501UNITED STATES / FEDERAL DEPARTMENTS & ORGANIZATIONS & OFFICES1501.01US DOT & CalTRANScurrent year + 2 yearsinterested deptCC:noGC340901501.02US Dept of Housing (HUD)current year + 2 yearsinterested deptCC:noGC340901501.03US Dept of Fish & Gamecurrent year + 2 yearsinterested deptCC:noGC340901501.04US Bureau of Land Managementcurrent year + 2 yearsinterested deptCC:noGC34090GOV/ORG 1502STATE OF CALIFORNIA DEPARTMENTS, ORGANIZATIONS, AND OFFICES1502.01(LIST ALPHABETICALLY)current year + 2 years interested dept CC:noGC34090Revised by Gladwell Governmental Services, Inc. (909) 337-3516 Page 40 of 42City of La Quinta - June 4, 201998
UFFSDescriptionTOTALPrimaryScan /CitationNumberRETENTIONResponsibilityImageGOV/ORG 1503LOCAL AND REGIONAL ORGANIZATIONS1503.01 Local Agency Formation Commission (LAFCO)current year + 2 years CITY MANAGER CC:noGC340901503.02 PS Desert Resorts Conv and Visitors Authority: CVAcurrent year + 2 years CITY MANAGER CC:noGC340901503.03 PS International Airport Commissioncurrent year + 2 years CITY MANAGER CC:noGC340901503.04 Coachella Valley Enterprise Zone Authoritycurrent year + 2 years CITY MANAGER CC:noGC340901503.05 Western Riverside Council of Gov't (WRCOG)current year + 2 years CITY MANAGER CC:noGC340901503.06 Coachella Valley Recreation and Parks Districtcurrent year + 2 years CITY MANAGER CC:noGC340901503.07 So. Calif. Association of Governments (SCAG)current year + 2 years CITY MANAGER CC:noGC340901503.08 Coachella Valley Mts Conservancy Commissioncurrent year + 2 years CITY MANAGER CC:noGC340901503.09 Salton Sea Authoritycurrent year + 2 years CITY MANAGER CC:noGC340901503.10 Coachella Valley Assoc. of Governments (CVAG)current year + 2 years CITY MANAGER CC:noGC340901503.11 Coachella Valley Economic Partnership (CVEP)current year + 2 years CITY MANAGER CC:noGC340901503.12 Coachella Valley Mosquito and Vector Districtcurrent year + 2 years CITY MANAGER CC:noGC340901503.13 Coachella Valley Joint Powers Insurance Authoritycurrent year + 2 years CITY MANAGER CC:noGC340901503.14 Jacqueline Cochran Regional Airport Authoritycurrent year + 2 years CITY MANAGER CC:noGC340901503.15 Chamber of Commerce, La Quintacurrent year + 2 years CITY MANAGER CC:noGC340901503.16 Chambers of Commerce, Other Areascurrent year + 2 years CITY MANAGER CC:noGC340901503.17 South Coast Air Quality Management Districtcurrent year + 2 years CITY MANAGER CC:noGC340901503.18 (OPEN) 1503.19 Cal PERScurrent year + 2 years CITY MANAGER CC:noGC340901503.20 Coachella Valley Rescue Missioncurrent year + 2 years CITY MANAGER CC:noGC340901503.21 Marth's Village and Kitchencurrent year + 2 years CITY MANAGER CC:noGC340901503.22Concerned Citizens of La Quinta organizationcurrent year + 2 yearsCITY MANAGERCC:noGC340901503.23Soboba Band of Luiseño Indianscurrent year + 2 yearsCITY MANAGERCC:noGC340901503.24Cove Neighborhood Associationcurrent year + 2 yearsCITY MANAGERCC:noGC340901503.25"Next Door" Neighborhood Communications current year + 2 yearsCITY MANAGERCC:noGC34090GOV/ORG 1504RIVERSIDE COUNTY DEPARTMENTS, ORGANIZATIONS, ANDOFFICES1504.01 Riverside County, Generalcurrent year + 2 years CITY MANAGER CC:noGC340901504.02 County Recorder and County Clerkcurrent year + 2 yearsCLERKCC:noGC340901504.03 Auditor / Controllercurrent year + 2 yearsFINANCECC:noGC340901504.04 Board of Supervisors and Executive Officecurrent year + 2 years CITY MANAGER CC:noGC340901504.05 Office of Disaster Preparednesscurrent year + 2 yearsBUILDINGCC:noGC340901504.06 Flood Control / Water Conservation Districtcurrent year + 2 years PUBLIC WORKS CC:noGC340901504.07 Housing and Community Development Dept.current year + 2 years CITY MANAGER CC:noGC340901504.08 Public Works Departmentcurrent year + 2 years CITY MANAGER CC:noGC340901504.09 Registrar of Voterscurrent year + 2 yearsCLERKCC:noGC340901504.10 Sheriff's Departmentcurrent year + 2 years CITY MANAGER CC:noGC340901504.11 Traffic Advisory Commissioncurrent year + 2 years PUBLIC WORKS CC:noGC340901504.12 Treasurer / Tax collectorcurrent year + 2 yearsFINANCECC:noGC340901504.13 Public Health Servicescurrent year + 2 years CITY MANAGER CC:noGC340901504.14 Riverside Cty Transportation Commission (RCTC)current year + 2 years CITY MANAGER CC:noGC340901504.15 Department of Animal Controlcurrent year + 2 yearsBUILDINGCC:noGC340901504.16 Economic Development Programwhile current + 2 years CITY MANAGER CC:noGC340901504.17 Department of Planning and Land Usecurrent year + 2 yearsPLANNINGCC:noGC340901504.18 Assessor's Officecurrent year + 2 yearsFINANCECC:noGC340901504.19 Department of Social Servicescurrent year + 2 years CITY MANAGER CC:noGC340901504.20 Riverside County Library Systemcurrent year + 2 yearsCOMMUNITY RESOURCESCC:noGC340901504.21 Department of Parks and Recreationcurrent year + 2 years FACILITIES DEPT CC:noGC340901504.22 County Court Systemcurrent year + 2 years CITY MANAGER CC:noGC340901504.23 Department of Vector Controlcurrent year + 2 years CITY MANAGER CC:noGC34090Revised by Gladwell Governmental Services, Inc. (909) 337-3516 Page 41 of 42City of La Quinta - June 4, 201999
UFFSDescriptionTOTALPrimaryScan /CitationNumberRETENTIONResponsibilityImage1504.24 Fire Departmentcurrent year + 2 years CITY MANAGER CC:noGC340901504.25 Riverside Cty Airport Land Use Commission / COCHRAN Regional airport current year + 2 years CITY MANAGER CC:noGC34090GOV/ORG 1505INTER / INTRA CITY FILES(LIST ALPHABETICALLY)current year + 2 years interested dept CC:noGOV/ORG 1506INTERNATIONAL OFFICES AND ORGANIZATIONS(LIST ALPHABETICALLY)current year + 2 years interested dept CC:noRevised by Gladwell Governmental Services, Inc. (909) 337-3516 Page 42 of 42City of La Quinta - June 4, 2019100
City of La Quinta
CITY COUNCIL MEETING: July 2, 2019
STAFF REPORT
AGENDA TITLE: APPROVE CONTRACT SERVICES AGREEMENTS WITH NV5, INC
AND THE ALTUM GROUP FOR ON-CALL CONSTRUCTION SURVEYING SERVICES
RECOMMENDATION
Approve Contract Services Agreements with NV5, Inc. and The Altum Group for
on-call construction surveying services; authorize the City Manager to execute
the agreements.
EXECUTIVE SUMMARY
•Construction projects often require surveying services, which necessitate
skilled specialists.
•Staff solicited proposals for these services from qualified firms; NV5 Inc.
and The Altum Group were the best qualified firms to provide these
services.
•Each agreement would be approved for an amount not to exceed $150,000
per year for a three-year term, which provides the flexibility to use one or
both firms depending on work demand.
FISCAL IMPACT
These combined contracts could cost up to $150,000 annually, or a total of
$450,000 during the three-year terms. Funds are available in the Capital
Improvement Project (CIP) technical account for these services (401-0000-
60108). The total amount budgeted for 2019/20 is $150,000 for these services;
Staff cannot exceed the $150,000 budget without Council approval.
BACKGROUND/ANALYSIS
In May 2019, the City received four proposals in response to the on-call
construction survey services request for proposals. Staff reviewed the proposals
and both NV5, Inc. and The Altum Group were selected as the top ranked firms;
NV5, Inc. (Attachment 1) and The Altum Group (Attachment 2) were the most
cost effective and qualified firms. CASC and Albert A. Webb Associates also
submitted proposals.
The contract authority would allow Staff to utilize either consultant for the full
“not to exceed” budget of $150,000; the monthly invoices would be tracked to
ensure that the $150,000 annual budget for these services is not exceeded.
CONSENT CALENDAR ITEM NO. 8
101
Staff requests this flexibility to allow the use of one firm when the other firm
cannot respond due to prior commitments.
ALTERNATIVES
Council could elect not to approve one or both agreements.
Prepared by: Julie Mignogna, Management Analyst
Approved by: Bryan McKinney, P.E., City Engineer
Attachments: 1.Agreement with NV5, Inc.
2.Agreement with The Altum Group
102
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 NV5, Inc. a California 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 Construction Surveying 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
103
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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, or assigned designee (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, or assigned designee, 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
104
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the Contract Officer, or assigned designee, 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, or assigned designee’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, or assigned designee. 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
One Hundred Fifty Thousand Dollars ($150,000.00) 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. 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 The Altum
Group, 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 both agreements. 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
105
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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.
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, or assigned designee, 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, or assigned designee, 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, or assigned designee. 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, or assigned
designee, 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.
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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, or assigned designee.
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, or assigned
designee, in writing of the causes of the delay. The Contract Officer, or
assigned designee, 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, or assigned designee, 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, or
assigned designee, 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 July 1, 2019, and terminate on June 30, 2022 (“Initial Term”). This
Agreement may be extended for two (2) additional year(s) 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)Carmen Kasner, PE
Tel No. (858)385-2131
E-mail: carmen.kasner@nv5.com
(b)Jay Fahrion, PLS
(c)Tel No. (760)341-3101
Email: jay.fahrion@nv5.com
107
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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”, otherwise known as
the Bryan McKinney, PE, City Engineer, or assigned designee may be
designated in writing by the City Manager of the City. It shall be Contracting
Party’s responsibility to assure that the Contract Officer, or assigned
designee, 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, or assigned designee. Unless otherwise specified
herein, any approval of City required hereunder shall mean the approval of
the Contract Officer, or assigned designee. The Contract Officer, or
assigned designee, 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,
108
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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,
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
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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 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, (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, or assigned designee, such reports concerning
Contracting Party’s performance of the Services required by this Agreement
as the Contract Officer, or assigned designee, 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, or assigned
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designee, 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, or assigned designee, 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, or assigned designee, 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 assigned designee, 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
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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.
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
assigned designee, 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
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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.
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,
or assigned designee; 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.
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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.
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, or
assigned designee. 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, or assigned designee, thereafter
in accordance with the Schedule of Compensation or such as may be approved
by the Contract Officer, or assigned designee, 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
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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 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
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, or assigned designee.
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.
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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
the performance of this Agreement. Contracting Party shall take affirmative
action to ensure 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: Bryan McKinney, PE
78495 Calle Tampico
La Quinta, California 92253
To Contracting Party:
Carmen Kasner, PE
Regional Managing Director
NV5, Inc.
42-829 Cook Street, Suite 104
Palm Desert, CA 92211
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.
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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,
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.
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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]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of
the dates stated below.
CITY OF LA QUINTA,
a California Municipal Corporation
CONTRACTING PARTY:
By:
Name:
Title:
JON MCMILLEN, City Manager City
of La Quinta, California
Dated:
ATTEST:
MONIKA RADEVA, City Clerk
La Quinta, California
By:
Name:
Title:
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
119
Exhibit A
Page 1 of 6 Last revised summer 2017
Exhibit A
Scope of Services
Services to be Provided:
1.Survey Control – will be sufficiently marked and will be preserved
and protected, monuments protected or replaced as needed.
2.Clearing/Removals – one set of reference stakes or marks at 200-foot
intervals on tangent line and 100 foot on curves will be set along the
limits of the construction area or Right-of-Way for clearing purposes.
3.Rough Grade – (A) One set of grid stakes at 50-foot intervals. Stakes
will indicate cut or fill to finish grad as shown on approved mass
grading plan. (B) O ne set of stakes at 25-foot intervals and all angle
points with appropriate cut or fill. (C) P rovide one set of offset
stakes for sidewalks at 25-foot intervals, grade breaks and angle
points with cut or fill to finish surface.
4.Finish Grade – (A) Provide one set of stakes to delineate at 25-foot
intervals and all angle points with appropriate cut or fill. (B) Provide
one set of offset stakes for sidewalk at 25-foot intervals, grade
breaks and angle points with grades to finish surface. (C) Provide
one Blue Top for building pad. Stake to be set at pad grade. (D) Pad
Certifications – prior to construction of improvements, provide
inspection services necessary to provide certification of pad grade as
shown on the approved grading plan.
5.Retaining/Garden Wall – Provide one set of offset, line and grade
stakes for wall construction set at 50-foot intervals with appropriate
cut or fill to top of footing.
6.Bridge Structures – Provide one set of stakes for foundation layout
and deck grades.
7.Entrance Structures – Provide one set of stakes with appropriate cut
or fill for the construction of entrance structures.
8.Building Foundations – Provide one set of stakes at an offset of
10’ x 10’ to the building corners, one stale per corner with grades to
the finish pad.
9.Water, Sewer, Storm Drain, or Irrigation Lines – Provide one set
of offset stakes at 50-foot intervals with grades to finish surface.
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Exhibit A
Page 2 of 6
10.Drainage Boxes – Provide one set of stakes at a 5-foot offset
to centerline of box with grades to top of grate.
11.Tree Locations – Provide one stake at centerline of each tree
location.
12.Project Administration – The Surveyor of Work shall be
available during the length of the project to address any questions or
concerns which may arise. Three sets of Grade Sheets shall be
prepared and submitted to the City of La Quinta within 48 hours of
receipt of the “Staking Request” for the said work.
13.Office Calculations – Calculations as necessary to provide the field
survey crews with data as needed for staking and supervision as
required.
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Exhibit A
Page 3 of 6
ADDENDUM TO AGREEMENT
Re: Scope of Services
If the Scope of Services include construction, alteration, demolition,
installation, repair, or maintenance affecting real property or structures or
improvements of any kind appurtenant to real property, the following apply:
1.Prevailing Wage Compliance. If Contracting Party is a contractor
performing public works and maintenance projects, as described in this
Section 1.3, Contracting Party shall comply with applicable Federal, State, and
local laws. Contracting Party is aware of the requirements of California Labor
Code Sections 1720, et seq., and 1770, et seq., as well as California Code of
Regulations, Title 8, Sections 16000, et seq., (collectively, the “Prevailing
Wage Laws”), and La Quinta Municipal Code Section 3.12.040, which require
the payment of prevailing wage rates and the performance of other
requirements on “Public works” and “Maintenance” projects. If the Services
are being performed as part of an applicable “Public works” or “Maintenance”
project, as defined by the Prevailing Wage Laws, and if construction work over
twenty-five thousand dollars ($25,000.00) and/or alterations, demolition,
repair or maintenance work over fifteen thousand dollars ($15,000.00) is
entered into or extended on or after January 1, 2015 by this Agreement,
Contracting Party agrees to fully comply with such Prevailing Wage Laws
including, but not limited to, requirements related to the maintenance of
payroll records and the employment of apprentices. Pursuant to California
Labor Code Section 1725.5, no contractor or subcontractor may be awarded
a contract for public work on a “Public works” project unless registered with
the California Department of Industrial Relations (“DIR”) at the time the
contract is awarded. If the Services are being performed as part of an
applicable “Public works” or “Maintenance” project, as defined by the
Prevailing Wage Laws, this project is subject to compliance monitoring and
enforcement by the DIR. Contracting Party will maintain and will require all
subcontractors to maintain valid and current DIR Public Works contractor
registration during the term of this Agreement. Contracting Party shall notify
City in writing immediately, and in no case more than twenty-four (24) hours,
after receiving any information that Contracting Party’s or any of its
subcontractor’s DIR registration status has been suspended, revoked, expired,
or otherwise changed. It is understood that it is the responsibility of
Contracting Party to determine the correct salary scale. Contracting Party
shall make copies of the prevailing rates of per diem wages for each craft,
classification, or type of worker needed to execute the Services available to
interested parties upon request, and shall post copies at Contracting Party’s
principal place of business and at the project site, if any. The statutory
penalties for failure to pay prevailing wage or to comply with State wage and
hour laws will be enforced. Contracting Party must forfeit to City TWENTY-
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Exhibit A
Page 4 of 6
FIVE DOLLARS ($25.00) per day for each worker who works in excess of the
minimum working hours when Contracting Party does not pay overtime. In
accordance with the provisions of Labor Code Sections 1810 et seq., eight
(8)hours is the legal working day. Contracting Party also shall comply with
State law requirements to maintain payroll records and shall provide for
certified records and inspection of records as required by California Labor Code
Section 1770 et seq., including Section 1776. In addition to the other
indemnities provided under this Agreement, Contracting Party shall defend
(with counsel selected by City), indemnify, and hold City, its elected officials,
officers, employees, and agents free and harmless from any claim or liability
arising out of any failure or alleged failure to comply with the Prevailing Wage
Laws. It is agreed by the parties that, in connection with performance of the
Services, including, without limitation, any and all “Public works” (as defined
by the Prevailing Wage Laws), Contracting Party shall bear all risks of payment
or non-payment of prevailing wages under California law and/or the
implementation of Labor Code Section 1781, as the same may be amended
from time to time, and/or any other similar law. Contracting Party
acknowledges and agrees that it shall be independently responsible for
reviewing the applicable laws and regulations and effectuating compliance
with such laws. Contracting Party shall require the same of all subcontractors.
2.Retention. Payments shall be made in accordance with the
provisions of Article 2.0 of the Agreement. In accordance with said Sections,
City shall pay Contracting Party a sum based upon ninety-five percent (95%)
of the Contract Sum apportionment of the labor and materials incorporated
into the Services under this Agreement during the month covered by said
invoice. The remaining five percent (5%) thereof shall be retained as
performance security to be paid to Contracting Party within sixty (60) days
after final acceptance of the Services by the City Council of City, after
Contracting Party has furnished City with a full release of all undisputed
payments under this Agreement, if required by City. In the event there are
any claims specifically excluded by Contracting Party from the operation of the
release, City may retain proceeds (per Public Contract Code § 7107) of up to
one hundred fifty percent (150%) of the amount in dispute. City’s failure to
deduct or withhold shall not affect Contracting Party’s obligations under the
Agreement.
3.Utility Relocation. City is responsible for removal, relocation, or
protection of existing main or trunk-line utilities to the extent such utilities
were not identified in the invitation for bids or specifications. City shall
reimburse Contracting Party for any costs incurred in locating, repairing
damage not caused by Contracting Party, and removing or relocating such
unidentified utility facilities. Contracting Party shall not be assessed liquidated
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Exhibit A
Page 5 of 6
damages for delay arising from the removal or relocation of such unidentified
utility facilities.
4.Trenches or Excavations. Pursuant to California Public Contract
Code Section 7104, in the event the work included in this Agreement requires
excavations more than four (4) feet in depth, the following shall apply:
(a) Contracting Party shall promptly, and before the following
conditions are disturbed, notify City, in writing, of any: (1) material that
Contracting Party believes may be material that is hazardous waste, as
defined in Section 25117 of the Health and Safety Code, that is required to be
removed to a Class I, Class II, or Class III disposal site in accordance with
provisions of existing law; (2) subsurface or latent physical conditions at the
site different from those indicated by information about the site made
available to bidders prior to the deadline for submitting bids; or (3) unknown
physical conditions at the site of any unusual nature, different materially from
those ordinarily encountered and generally recognized as inherent in work of
the character provided for in the Agreement.
(b) City shall promptly investigate the conditions, and if it finds
that the conditions do materially so differ, or do involve hazardous waste, and
cause a decrease or increase in Contracting Party’s cost of, or the time
required for, performance of any part of the work shall issue a change order
per Section 1.8 of the Agreement.
(c) in the event that a dispute arises between City and
Contracting Party whether the conditions materially differ, or involve
hazardous waste, or cause a decrease or increase in Contracting Party’s cost
of, or time required for, performance of any part of the work, Contracting
Party shall not be excused from any scheduled completion date provided for
by this Agreement, but shall proceed with all work to be performed under this
Agreement. Contracting Party shall retain any and all rights provided either
by contract or by law which pertain to the resolution of disputes and protests
between the contracting Parties.
5.Safety. Contracting Party shall execute and maintain its work so
as to avoid injury or damage to any person or property. In carrying out the
Services, Contracting Party shall at all times be in compliance with all
applicable local, state, and federal laws, rules and regulations, and shall
exercise all necessary precautions for the safety of employees appropriate to
the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be
limited to: (A) adequate life protection and lifesaving equipment and
procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders,
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Exhibit A
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bridges, gang planks, confined space procedures, trenching and shoring,
equipment and other safety devices, equipment and wearing apparel as are
necessary or lawfully required to prevent accidents or injuries; and
(C)adequate facilities for the proper inspection and maintenance of all safety
measures.
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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 not to exceed One Hundred Fifty
Thousand Dollars ($150,000.00) 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 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: $150,000.00
“Not to exceed” Year 2: $150,000.00
“Not to exceed” Year 3: $150,000.00
Possible Extended Term:
“Not to exceed” Year 4: $150,000.00
“Not to exceed” Year 5: $150,000.00
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Exhibit B
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Rate Schedule:
Indirect: 1.63%
Profit: 9%
Note: Reimbursables will not be paid unless pre-approved
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Exhibit C
Page 1 of 1
Exhibit C
Schedule of Performance
Contracting Party shall complete services identified in the Scope of
Services, Exhibit A of this Agreement, as requested by City within the time
allowed by the total contract sum.
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Exhibit D
Page 1 of 1
Exhibit D
Special Requirements
None
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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)
$2,000,000 (per occurrence)
$4,000,000 (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 with 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.
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Exhibit E
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Contracting Party shall carry automobile liability insurance of
$2,000,000 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.
If coverage is maintained on a claims-made basis, Contracting Party
shall maintain such coverage for an additional period of three (3) years
following termination of the contract.
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.
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Exhibit E
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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:
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
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Exhibit E
Page 4 of 6
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.
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 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.
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Exhibit E
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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
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 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 an additional insured
endorsement is required in these specifications applicable to the renewing or
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Exhibit E
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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.
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.
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Exhibit F
Page 1 of 3
Exhibit F
Indemnification
F.1 Indemnity for the Benefit of City.
a.Indemnification for Professional Liability. Consultant’s Services
are subject to Civil Code Section 2782.8, the below indemnity shall be limited
to the extent required by Civil Code Section 2782.8. 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.
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Exhibit F
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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 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.
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Exhibit F
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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.
This obligation 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.
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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 The Altum Group, an S 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 Construction Surveying 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 2
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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, or assigned designee (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, or assigned designee, 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
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the Contract Officer, or assigned designee, 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, or assigned designee’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, or assigned designee. 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
One Hundred Fifty Thousand Dollars ($150,000.00) 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. 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 NV5, Inc., 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 both
agreements. 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
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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.
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, or assigned designee, 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, or assigned designee, 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, or assigned designee. 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, or assigned
designee, 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.
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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, or assigned designee.
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, or assigned
designee, in writing of the causes of the delay. The Contract Officer, or
assigned designee, 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, or assigned designee, 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, or
assigned designee, 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 July 1, 2019, and terminate on June 30, 2022 (“Initial Term”). This
Agreement may be extended for two (2) additional year(s) 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)Steve Heise
Tel No. (760)346-4750
E-mail: steve.heise@thealtumgroup.com
It is expressly understood that the experience, knowledge, capability,
and reputation of the foregoing Principals were a substantial inducement for
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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”, otherwise known as
the Bryan McKinney, PE, City Engineer, or assigned designee may be
designated in writing by the City Manager of the City. It shall be Contracting
Party’s responsibility to assure that the Contract Officer, or assigned
designee, 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, or assigned designee. Unless otherwise specified
herein, any approval of City required hereunder shall mean the approval of
the Contract Officer, or assigned designee. The Contract Officer, or
assigned designee, 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.
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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,
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
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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 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, or assigned designee, such reports concerning
Contracting Party’s performance of the Services required by this Agreement
as the Contract Officer, or assigned designee, 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, or assigned
designee, of said fact, circumstance, technique, or event and the estimated
increased or decreased cost related thereto and, if Contracting Party is
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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, or assigned designee, 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, or assigned designee, 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 assigned designee, 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
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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.
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
assigned designee, 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
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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.
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,
or assigned designee; 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,
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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.
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, or
assigned designee. 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, or assigned designee, thereafter
in accordance with the Schedule of Compensation or such as may be approved
by the Contract Officer, or assigned designee, 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
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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
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, or assigned designee.
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.
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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
the performance of this Agreement. Contracting Party shall take affirmative
action to ensure 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: Bryan McKinney, PE
78495 Calle Tampico
La Quinta, California 92253
To Contracting Party:
Steve Heise, PLS
The Altum Group
73-710 Fred Waring Dr., Suite 219
Palm Desert, CA 92260
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.
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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,
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.
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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]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of
the dates stated below.
CITY OF LA QUINTA,
a California Municipal Corporation
JON MCMILLEN, City Manager
City of La Quinta, California
Dated:
CONTRACTING PARTY:
By:
Name:
Title:
ATTEST:
MONIKA RADEVA, City Clerk
La Quinta, California
By:
Name:
Title:
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
155
Exhibit A
Page 1 of 6 Last revised summer 2017
Exhibit A
Scope of Services
Services to be Provided:
1.Survey Control – will be sufficiently marked and will be preserved
and protected, monuments protected or replaced as needed.
2.Clearing/Removals – one set of reference stakes or marks at 200-foot
intervals on tangent line and 100 foot on curves will be set along the
limits of the construction area or Right-of-Way for clearing purposes.
3.Rough Grade – (A) One set of grid stakes at 50-foot intervals. Stakes
will indicate cut or fill to finish grad as shown on approved mass
grading plan. (B) O ne set of stakes at 25-foot intervals and all angle
points with appropriate cut or fill. (C) P rovide one set of offset
stakes for sidewalks at 25-foot intervals, grade breaks and angle
points with cut or fill to finish surface.
4.Finish Grade – (A) Provide one set of stakes to delineate at 25-foot
intervals and all angle points with appropriate cut or fill. (B) Provide
one set of offset stakes for sidewalk at 25-foot intervals, grade
breaks and angle points with grades to finish surface. (C) Provide
one Blue Top for building pad. Stake to be set at pad grade. (D) Pad
Certifications – prior to construction of improvements, provide
inspection services necessary to provide certificatio n of pad grade as
shown on the approved grading plan.
5.Retaining/Garden Wall – Provide one set of offset, line and grade
stakes for wall construction set at 50-foot intervals with appropriate
cut or fill to top of footing.
6.Bridge Structures – Provide one set of stakes for foundation layout
and deck grades.
7.Entrance Structures – Provide one set of stakes with appropriate cut
or fill for the construction of entrance structures.
8.Building Foundations – Provide one set of stakes at an offset of
10’ x 10’ to the building corners, one stale per corner with grades to
the finish pad.
9.Water, Sewer, Storm Drain, or Irrigation Lines – Provide one set
of offset stakes at 50-foot intervals with grades to finish surface.
156
Exhibit A
Page 2 of 6
10.Drainage Boxes – Provide one set of stakes at a 5-foot offset
to centerline of box with grades to top of grate.
11.Tree Locations – Provide one stake at centerline of each tree
location.
12.Project Administration – The Surveyor of Work shall be
available during the length of the project to address any questions or
concerns which may arise. Three sets of Grade Sheets shall be
prepared and submitted to the City of La Quinta within 48 hours of
receipt of the “Staking Request” for the said work.
13.Office Calculations – Calculations as necessary to provide the field
survey crews with data as needed for staking and supervision as
required.
157
Exhibit A
Page 3 of 6
ADDENDUM TO AGREEMENT
Re: Scope of Services
If the Scope of Services include construction, alteration, demolition,
installation, repair, or maintenance affecting real property or structures or
improvements of any kind appurtenant to real property, the following apply:
1.Prevailing Wage Compliance. If Contracting Party is a contractor
performing public works and maintenance projects, as described in this
Section 1.3, Contracting Party shall comply with applicable Federal, State, and
local laws. Contracting Party is aware of the requirements of California Labor
Code Sections 1720, et seq., and 1770, et seq., as well as California Code of
Regulations, Title 8, Sections 16000, et seq., (collectively, the “Prevailing
Wage Laws”), and La Quinta Municipal Code Section 3.12.040, which require
the payment of prevailing wage rates and the performance of other
requirements on “Public works” and “Maintenance” projects. If the Services
are being performed as part of an applicable “Public works” or “Maintenance”
project, as defined by the Prevailing Wage Laws, and if construction work over
twenty-five thousand dollars ($25,000.00) and/or alterations, demolition,
repair or maintenance work over fifteen thousand dollars ($15,000.00) is
entered into or extended on or after January 1, 2015 by this Agreement,
Contracting Party agrees to fully comply with such Prevailing Wage Laws
including, but not limited to, requirements related to the maintenance of
payroll records and the employment of apprentices. Pursuant to California
Labor Code Section 1725.5, no contractor or subcontractor may be awarded
a contract for public work on a “Public works” project unless registered with
the California Department of Industrial Relations (“DIR”) at the time the
contract is awarded. If the Services are being performed as part of an
applicable “Public works” or “Maintenance” project, as defined by the
Prevailing Wage Laws, this project is subject to compliance monitoring and
enforcement by the DIR. Contracting Party will maintain and will require all
subcontractors to maintain valid and current DIR Public Works contractor
registration during the term of this Agreement. Contracting Party shall notify
City in writing immediately, and in no case more than twenty-four (24) hours,
after receiving any information that Contracting Party’s or any of its
subcontractor’s DIR registration status has been suspended, revoked, expired,
or otherwise changed. It is understood that it is the responsibility of
Contracting Party to determine the correct salary scale. Contracting Party
shall make copies of the prevailing rates of per diem wages for each craft,
classification, or type of worker needed to execute the Services available to
interested parties upon request, and shall post copies at Contracting Party’s
principal place of business and at the project site, if any. The statutory
penalties for failure to pay prevailing wage or to comply with State wage and
hour laws will be enforced. Contracting Party must forfeit to City TWENTY-
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Exhibit A
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FIVE DOLLARS ($25.00) per day for each worker who works in excess of the
minimum working hours when Contracting Party does not pay overtime. In
accordance with the provisions of Labor Code Sections 1810 et seq., eight
(8)hours is the legal working day. Contracting Party also shall comply with
State law requirements to maintain payroll records and shall provide for
certified records and inspection of records as required by California Labor Code
Section 1770 et seq., including Section 1776. In addition to the other
indemnities provided under this Agreement, Contracting Party shall defend
(with counsel selected by City), indemnify, and hold City, its elected officials,
officers, employees, and agents free and harmless from any claim or liability
arising out of any failure or alleged failure to comply with the Prevailing Wage
Laws. It is agreed by the parties that, in connection with performance of the
Services, including, without limitation, any and all “Public works” (as defined
by the Prevailing Wage Laws), Contracting Party shall bear all risks of payment
or non-payment of prevailing wages under California law and/or the
implementation of Labor Code Section 1781, as the same may be amended
from time to time, and/or any other similar law. Contracting Party
acknowledges and agrees that it shall be independently responsible for
reviewing the applicable laws and regulations and effectuating compliance
with such laws. Contracting Party shall require the same of all subcontractors.
2.Retention. Payments shall be made in accordance with the
provisions of Article 2.0 of the Agreement. In accordance with said Sections,
City shall pay Contracting Party a sum based upon ninety-five percent (95%)
of the Contract Sum apportionment of the labor and materials incorporated
into the Services under this Agreement during the month covered by said
invoice. The remaining five percent (5%) thereof shall be retained as
performance security to be paid to Contracting Party within sixty (60) days
after final acceptance of the Services by the City Council of City, after
Contracting Party has furnished City with a full release of all undisputed
payments under this Agreement, if required by City. In the event there are
any claims specifically excluded by Contracting Party from the operation of the
release, City may retain proceeds (per Public Contract Code § 7107) of up to
one hundred fifty percent (150%) of the amount in dispute. City’s failure to
deduct or withhold shall not affect Contracting Party’s obligations under the
Agreement.
3.Utility Relocation. City is responsible for removal, relocation, or
protection of existing main or trunk-line utilities to the extent such utilities
were not identified in the invitation for bids or specifications. City shall
reimburse Contracting Party for any costs incurred in locating, repairing
damage not caused by Contracting Party, and removing or relocating such
unidentified utility facilities. Contracting Party shall not be assessed liquidated
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Exhibit A
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damages for delay arising from the removal or relocation of such unidentified
utility facilities.
4.Trenches or Excavations. Pursuant to California Public Contract
Code Section 7104, in the event the work included in this Agreement requires
excavations more than four (4) feet in depth, the following shall apply:
(a)Contracting Party shall promptly, and before the following
conditions are disturbed, notify City, in writing, of any: (1) material that
Contracting Party believes may be material that is hazardous waste, as
defined in Section 25117 of the Health and Safety Code, that is required to be
removed to a Class I, Class II, or Class III disposal site in accordance with
provisions of existing law; (2) subsurface or latent physical conditions at the
site different from those indicated by information about the site made
available to bidders prior to the deadline for submitting bids; or (3) unknown
physical conditions at the site of any unusual nature, different materially from
those ordinarily encountered and generally recognized as inherent in work of
the character provided for in the Agreement.
(b)City shall promptly investigate the conditions, and if it finds
that the conditions do materially so differ, or do involve hazardous waste, and
cause a decrease or increase in Contracting Party’s cost of, or the time
required for, performance of any part of the work shall issue a change order
per Section 1.8 of the Agreement.
(c)in the event that a dispute arises between City and
Contracting Party whether the conditions materially differ, or involve
hazardous waste, or cause a decrease or increase in Contracting Party’s cost
of, or time required for, performance of any part of the work, Contracting
Party shall not be excused from any scheduled completion date provided for
by this Agreement, but shall proceed with all work to be performed under this
Agreement. Contracting Party shall retain any and all rights provided either
by contract or by law which pertain to the resolution of disputes and protests
between the contracting Parties.
5.Safety. Contracting Party shall execute and maintain its work so
as to avoid injury or damage to any person or property. In carrying out the
Services, Contracting Party shall at all times be in compliance with all
applicable local, state, and federal laws, rules and regulations, and shall
exercise all necessary precautions for the safety of employees appropriate to
the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be
limited to: (A) adequate life protection and lifesaving equipment and
procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders,
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Exhibit A
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bridges, gang planks, confined space procedures, trenching and shoring,
equipment and other safety devices, equipment and wearing apparel as are
necessary or lawfully required to prevent accidents or injuries; and
(C)adequate facilities for the proper inspection and maintenance of all safety
measures.
6.Liquidated Damages. Since the determination of actual damages
for any delay in performance of the Agreement would be extremely difficult or
impractical to determine in the event of a breach of this Agreement,
Contracting Party shall be liable for and shall pay to City the sum of One
Thousand dollars ($1,000.00) as liquidated damages for each working day of
delay in the performance of any of the Services required hereunder, as
specified in the Schedule of Performance. In addition, liquidated damages
may be assessed for failure to comply with the emergency call out
requirements, if any, described in the Scope of Services. City may withhold
from any moneys payable on account of the Services performed by
Contracting Party any accrued liquidated damages.
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Exhibit B
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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 not to exceed One Hundred Fifty
Thousand Dollars ($150,000.00) 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 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: $150,000.00
“Not to exceed” Year 2: $150,000.00
“Not to exceed” Year 3: $150,000.00
Possible Extended Term:
“Not to exceed” Year 4: $150,000.00
“Not to exceed” Year 5: $150,000.00
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Exhibit B
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Rate Schedule:
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Exhibit B
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Indirect Cost and Profit: 1.84%
Profit and cost rate percentages are good for the 3-year contact period.
Note: Reimbursables will not be paid unless pre-approved
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Exhibit C
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Exhibit C
Schedule of Performance
Contracting Party shall complete services identified in the Scope of
Services, Exhibit A of this Agreement, as requested by City within the time
allowed by the total contract sum.
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Exhibit D
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Exhibit D
Special Requirements
None
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Exhibit E
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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)
$2,000,000 (per occurrence)
$4,000,000 (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 with 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.
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Exhibit E
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Contracting Party shall carry automobile liability insurance of
$2,000,000 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.
If coverage is maintained on a claims-made basis, Contracting Party
shall maintain such coverage for an additional period of three (3) years
following termination of the contract.
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.
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Exhibit E
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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:
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
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Exhibit E
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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.
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 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.
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Exhibit E
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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
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 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 an additional insured
endorsement is required in these specifications applicable to the renewing or
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Exhibit E
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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.
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.
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Exhibit F
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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
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Exhibit F
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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 provisions
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Exhibit F
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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 obligation 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.
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City of La Quinta
CITY COUNCIL MEETING: July 2, 2019
STAFF REPORT
AGENDA TITLE: APPROVE CONTRACT SERVICES AGREEMENTS WITH HR
GREEN PACIFIC AND WILLDAN ENGINEERING FOR ON-CALL PUBLIC WORKS
DEVELOPMENT PLAN CHECK SERVICES
RECOMMENDATION
Approve Contract Services Agreements with HR Green Pacific, Inc. and Willdan
Engineering, Inc. for on-call public works development plan check services;
authorize the City Manager to execute the agreements.
EXECUTIVE SUMMARY
•The Public Works Development Services Division uses on-call plan check
consultants during peak workloads.
•Staff solicited proposals for these services from qualified firms; HR Green
Pacific and Willdan were the best qualified firms to provide these services.
•Each agreement would be approved for a not to exceed amount of
$100,000 per year for a three-year term, which provides the flexibility to
use one or both firms depending on work demand.
FISCAL IMPACT
These combined contracts could cost up to $100,000 annually, or a total of
$300,000 during the three-year terms. Funds are available in the Public Works
Development Services Plan Check budget for these services (101-7002-60183).
The total amount budgeted for 2019/20 is $100,000 for these services; Staff
cannot exceed the $100,000 budget without Council approval.
BACKGROUND/ANALYSIS
In May 2019, the City received four proposals in response to a public works on-
call plan check services request for proposals. Staff reviewed the proposals and
both HR Green Pacific and Willdan Engineering were selected as the top ranked
firms; HR Green Pacific (Attachment 1) and Willdan Engineering (Attachment 2)
were the most cost effective and qualified firms. Interwest Consulting and NV5,
Inc. also submitted proposals.
The contract authority would allow Staff to utilize either consultant for a “not to
exceed” budget of $100,000; the monthly invoices would be tracked to ensure
that the $100,000 annual budget for these services is not exceeded. Staff
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177
requests this flexibility to allow the use of one firm when the other firm cannot
respond due to prior commitments.
ALTERNATIVES
Council could elect not to approve one or both agreements.
Prepared by: Julie Mignogna, Management Analyst
Approved by: Bryan McKinney, P.E., City Engineer
Attachments: 1.Agreement with HR Green Pacific, Inc.
2.Agreement with Willdan Engineering, Inc.
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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, 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 Public Works Development Plan Check 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 “professional
standards” shall mean those standards of care consistent with the degree of
care and skill ordinarily exercised by members of the same profession
currently practicing 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, and hold City,
its elected officials, officers, employees, and agents, free and harmless against
ATTACHMENT 1
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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, or assigned designee (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 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 to the extent caused by the negligent services of the consultant, 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, or assigned designee, 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
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the Contract Officer, or assigned designee, 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, or assigned designee’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, or assigned designee. 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
One Hundred Thousand Dollars ($100,000.00) 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. 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 Willdan, 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 both agreements. The method
of compensation set forth in the Schedule of Compensation may include
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
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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.
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, or assigned designee, 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, or assigned designee, 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, or assigned designee. 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, or assigned
designee, 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.
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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, or assigned designee.
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, or assigned
designee, in writing of the causes of the delay. The Contract Officer, or
assigned designee, 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, or assigned designee, 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, or
assigned designee, 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 July 1, 2019, and terminate on June 30, 2022 (“Initial Term”). This
Agreement may be extended for two (2) additional year(s) 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) George Wentz, PE, Vice President
Tel No. 855-900-4742
E-mail: gwentz@hrgreen.com
(b) Tina York, PE
Tel No. 855-900-4742
Email: tyork@hrgreen.com
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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”, otherwise known as
the Bryan McKinney, PE, City Engineer, or assigned designee may be
designated in writing by the City Manager of the City. It shall be Contracting
Party’s responsibility to assure that the Contract Officer, or assigned
designee, 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, or assigned designee. Unless otherwise specified
herein, any approval of City required hereunder shall mean the approval of
the Contract Officer, or assigned designee. The Contract Officer, or
assigned designee, 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,
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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,
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
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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 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, or assigned designee, such reports concerning
Contracting Party’s performance of the Services required by this Agreement
as the Contract Officer, or assigned designee, 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, or assigned
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designee, 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, or assigned designee, 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, or assigned designee, 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 assigned designee, 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
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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.
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
assigned designee, 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
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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.
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,
or assigned designee; 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.
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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.
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, or
assigned designee. 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, or assigned designee, thereafter
in accordance with the Schedule of Compensation or such as may be approved
by the Contract Officer, or assigned designee, 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
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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
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, or assigned designee.
Contracting Party agrees to at all times avoid conflicts of interest or the
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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
the performance of this Agreement. Contracting Party shall take affirmative
action to ensure 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: Bryan McKinney, PE
78495 Calle Tampico
La Quinta, California 92253
To Contracting Party:
HR Green Pacific
George Wentz
1260 Corona Pointe Court, Suite 305
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
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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,
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.
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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]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of
the dates stated below.
CITY OF LA QUINTA,
a California Municipal Corporation
JON MCMILLEN, City Manager
City of La Quinta, California
Dated:
CONTRACTING PARTY:
By:
Name:
Title:
ATTEST:
MONIKA RADEVA, City Clerk
La Quinta, California
By:
Name:
Title:
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
195
Exhibit A
Page 1 of 7 Last revised summer 2017
Exhibit A
Scope of Services
1.Services to be Provided:
Plan Checking Scope of Services
Improvement plan checking will include the review of plans submitted for subdivision
(residential) improvements, commercial developments, and infrastructure
improvements within the City’s right of way. The plans shall be reviewed for
conformance with local and other applicable (County, State and Federal) ordinances
and standards with a strict attention to details. Plan check services may include, but
are not limited to the following:
•Grading Plans including mass grading, rough grading and precise
grading plans
•Street Improvement Plans including street widening, rehabilitation and
new street plans
•Storm Drainage Plans
•Hydrology and Hydraulic Calculations and Reports
•Engineer’s Cost Estimate for the related items of work for bonding
purposes
•Engineer’s Reports including Fugitive Dust Control (PM10) Plans, Storm
Water Pollution and Prevention Plans
•Water Quality Management Plans
•Erosion and Sediment Control Plans
The tasks of the plan checker include:
•To check for design conformance to:
o The approved Tentative Map
o Related Specific Plans
o General Plan and City Ordinances
o Conditions of Approval
o City Standards
o Americans with Disabilities (ADA) Standards
o The City’s Subdivision Plan Check Lists
o Other Agency Requirements such as Riverside County Flood Control
District (RCFCD), Coachella Valley Water District (CVWD) and CalTrans
•To review plans for sound engineering practices.
•To check for accuracy of design in conformance with the City’s most current
Plan Check Lists.
•To check general mathematics and design criteria.
196
Exhibit A
Page 2 of 7
•To call for redesign of any portion of plans that:
o Will not function due to poor engineering.
o Is not consistent with the Approved Tentative Map or Conditions of
Approval.
o Will be potentially unsafe to the public.
o Is impractical to construct.
Orientation:
Consultant shall meet with City staff to:
o learn the City development plan check process;
o acquire text files and boiler plate documents as they apply;
o acquire understanding of key issues that need attention during the
plan check process;
o establish ongoing operating procedures between City staff and the
Consultant for the on-call services.
On-Call Services:
•Report to City Hall when called upon to pick up project documents for review,
and meet with city staff, as needed, to be briefed on project particulars;
•Field review project with City staff, as needed, to address unique aspects of
the proposed project;
•Attend scheduled development review meetings, as needed, to brief City staff
on findings and coordinate additional relevant details and preparation.
2.Performance Standards:
OFFICE HOURS:
The Consultant shall maintain normal office hours between 8:00 a.m. and 5:00
p.m., Monday through Friday. The Consultant shall be available to meet with City
Staff during normal working hours with 48 hours advance notice.
SCHEDULE
The Consultant shall adhere to the following plan check schedule:
Plan Submittal Plan Check Turn-Around (From Receipt from City Staff)
1st Plan Check 15 Working Days
2nd Plan Check 10 Working Days
3rd Plan Check 10 Working Days
For larger, more complex projects such as golf course developments, one
(1) additional week for the 1st and 2nd plan check shall be provided, if
197
Exhibit A
Page 3 of 7
necessary to complete a thorough plan check. The consultant shall advise
the Contract Officer, in writing, if additional time is needed.
1st Submittal
Upon completing the 1st review, the Consultant shall submit the “red lined”
plans and a copy of the applicable Plan Check List to the City. The City will
provide supplemental comment as necessary and forward “red lined” plans
to the applicant.
2nd and Subsequent Submittals
Upon receipt of the 2nd round plan check submittal from the applicant and
upon completing the 2nd review, the Consultant shall submit “red lined”
plans and a copy of the applicable 2nd review Plan Check List to the City.
The City will provide supplemental comment as applicable and forward 2nd
review “red lined” plans to the applicant. The process of applicant
correction, Consultant review followed by City review and “red lined” plan
return to applicant shall continue until approvable plans are generated and
a plan approval letter is submitted to the City by the Consultant.
If necessary, the Consultant shall be available to meet with City staff and/or
the applicant to review the plan check comments. The Consultant will
communicate directly with the applicant regarding plan check issues and
clarifications. The City desires an average of no more than 3 plan check
rounds before final plan approval.
The Consultant shall be required to use the City’s TRAKiT software in the
plan check process. The Consultant shall also be required to purchase or
obtain the Bluebeam Revu software to allow electronic review and
commenting of plans. The Consultant shall maintain all files for a period of
three years. Copies of requested files will be furnished to the City upon
request.
198
Exhibit A
Page 4 of 7
ADDENDUM TO AGREEMENT
Re: Scope of Services
If the Scope of Services include construction, alteration, demolition,
installation, repair, or maintenance affecting real property or structures or
improvements of any kind appurtenant to real property, the following apply:
1.Prevailing Wage Compliance. If Contracting Party is a contractor
performing public works and maintenance projects, as described in this
Section 1.3, Contracting Party shall comply with applicable Federal, State, and
local laws. Contracting Party is aware of the requirements of California Labor
Code Sections 1720, et seq., and 1770, et seq., as well as California Code of
Regulations, Title 8, Sections 16000, et seq., (collectively, the “Prevailing
Wage Laws”), and La Quinta Municipal Code Section 3.12.040, which require
the payment of prevailing wage rates and the performance of other
requirements on “Public works” and “Maintenance” projects. If the Services
are being performed as part of an applicable “Public works” or “Maintenance”
project, as defined by the Prevailing Wage Laws, and if construction work over
twenty-five thousand dollars ($25,000.00) and/or alterations, demolition,
repair or maintenance work over fifteen thousand dollars ($15,000.00) is
entered into or extended on or after January 1, 2015 by this Agreement,
Contracting Party agrees to fully comply with such Prevailing Wage Laws
including, but not limited to, requirements related to the maintenance of
payroll records and the employment of apprentices. Pursuant to California
Labor Code Section 1725.5, no contractor or subcontractor may be awarded
a contract for public work on a “Public works” project unless registered with
the California Department of Industrial Relations (“DIR”) at the time the
contract is awarded. If the Services are being performed as part of an
applicable “Public works” or “Maintenance” project, as defined by the
Prevailing Wage Laws, this project is subject to compliance monitoring and
enforcement by the DIR. Contracting Party will maintain and will require all
subcontractors to maintain valid and current DIR Public Works contractor
registration during the term of this Agreement. Contracting Party shall notify
City in writing immediately, and in no case more than twenty-four (24) hours,
after receiving any information that Contracting Party’s or any of its
subcontractor’s DIR registration status has been suspended, revoked, expired,
or otherwise changed. It is understood that it is the responsibility of
Contracting Party to determine the correct salary scale. Contracting Party
shall make copies of the prevailing rates of per diem wages for each craft,
classification, or type of worker needed to execute the Services available to
interested parties upon request, and shall post copies at Contracting Party’s
principal place of business and at the project site, if any. The statutory
penalties for failure to pay prevailing wage or to comply with State wage and
hour laws will be enforced. Contracting Party must forfeit to City TWENTY-
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Exhibit A
Page 5 of 7
FIVE DOLLARS ($25.00) per day for each worker who works in excess of the
minimum working hours when Contracting Party does not pay overtime. In
accordance with the provisions of Labor Code Sections 1810 et seq., eight
(8) hours is the legal working day. Contracting Party also shall comply with
State law requirements to maintain payroll records and shall provide for
certified records and inspection of records as required by California Labor Code
Section 1770 et seq., including Section 1776. In addition to the other
indemnities provided under this Agreement, Contracting Party shall defend
(with counsel selected by City), indemnify, and hold City, its elected officials,
officers, employees, and agents free and harmless from any claim or liability
arising out of any failure or alleged failure to comply with the Prevailing Wage
Laws. It is agreed by the parties that, in connection with performance of the
Services, including, without limitation, any and all “Public works” (as defined
by the Prevailing Wage Laws), Contracting Party shall bear all risks of payment
or non-payment of prevailing wages under California law and/or the
implementation of Labor Code Section 1781, as the same may be amended
from time to time, and/or any other similar law. Contracting Party
acknowledges and agrees that it shall be independently responsible for
reviewing the applicable laws and regulations and effectuating compliance
with such laws. Contracting Party shall require the same of all subcontractors.
2. Retention. Payments shall be made in accordance with the
provisions of Article 2.0 of the Agreement. In accordance with said Sections,
City shall pay Contracting Party a sum based upon ninety-five percent (95%)
of the Contract Sum apportionment of the labor and materials incorporated
into the Services under this Agreement during the month covered by said
invoice. The remaining five percent (5%) thereof shall be retained as
performance security to be paid to Contracting Party within sixty (60) days
after final acceptance of the Services by the City Council of City, after
Contracting Party has furnished City with a full release of all undisputed
payments under this Agreement, if required by City. In the event there are
any claims specifically excluded by Contracting Party from the operation of the
release, City may retain proceeds (per Public Contract Code § 7107) of up to
one hundred fifty percent (150%) of the amount in dispute. City’s failure to
deduct or withhold shall not affect Contracting Party’s obligations under the
Agreement.
3. Utility Relocation. City is responsible for removal, relocation, or
protection of existing main or trunk-line utilities to the extent such utilities
were not identified in the invitation for bids or specifications. City shall
reimburse Contracting Party for any costs incurred in locating, repairing
damage not caused by Contracting Party, and removing or relocating such
unidentified utility facilities. Contracting Party shall not be assessed liquidated
200
Exhibit A
Page 6 of 7
damages for delay arising from the removal or relocation of such unidentified
utility facilities.
4. Trenches or Excavations. Pursuant to California Public Contract
Code Section 7104, in the event the work included in this Agreement requires
excavations more than four (4) feet in depth, the following shall apply:
(a) Contracting Party shall promptly, and before the following
conditions are disturbed, notify City, in writing, of any: (1) material that
Contracting Party believes may be material that is hazardous waste, as
defined in Section 25117 of the Health and Safety Code, that is required to be
removed to a Class I, Class II, or Class III disposal site in accordance with
provisions of existing law; (2) subsurface or latent physical conditions at the
site different from those indicated by information about the site made
available to bidders prior to the deadline for submitting bids; or (3) unknown
physical conditions at the site of any unusual nature, different materially from
those ordinarily encountered and generally recognized as inherent in work of
the character provided for in the Agreement.
(b) City shall promptly investigate the conditions, and if it finds
that the conditions do materially so differ, or do involve hazardous waste, and
cause a decrease or increase in Contracting Party’s cost of, or the time
required for, performance of any part of the work shall issue a change order
per Section 1.8 of the Agreement.
(c) in the event that a dispute arises between City and
Contracting Party whether the conditions materially differ, or involve
hazardous waste, or cause a decrease or increase in Contracting Party’s cost
of, or time required for, performance of any part of the work, Contracting
Party shall not be excused from any scheduled completion date provided for
by this Agreement, but shall proceed with all work to be performed under this
Agreement. Contracting Party shall retain any and all rights provided either
by contract or by law which pertain to the resolution of disputes and protests
between the contracting Parties.
5. Safety. Contracting Party shall execute and maintain its work so
as to avoid injury or damage to any person or property. In carrying out the
Services, Contracting Party shall at all times be in compliance with all
applicable local, state, and federal laws, rules and regulations, and shall
exercise all necessary precautions for the safety of employees appropriate to
the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be
limited to: (A) adequate life protection and lifesaving equipment and
procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders,
201
Exhibit A
Page 7 of 7
bridges, gang planks, confined space procedures, trenching and shoring,
equipment and other safety devices, equipment and wearing apparel as are
necessary or lawfully required to prevent accidents or injuries; and
(C) adequate facilities for the proper inspection and maintenance of all safety
measures.
6. Liquidated Damages. Since the determination of actual damages
for any delay in performance of the Agreement would be extremely difficult or
impractical to determine in the event of a breach of this Agreement,
Contracting Party shall be liable for and shall pay to City the sum of One
Thousand dollars ($1,000.00) as liquidated damages for each working day of
delay in the performance of any of the Services required hereunder, as
specified in the Schedule of Performance. In addition, liquidated damages
may be assessed for failure to comply with the emergency call out
requirements, if any, described in the Scope of Services. City may withhold
from any moneys payable on account of the Services performed by
Contracting Party any accrued liquidated damages.
202
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 not to exceed One Hundred
Thousand Dollars ($100,000.00) 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: $100,000.00
“Not to exceed” Year 2: $100,000.00
“Not to exceed” Year 3: $100,000.00
Possible Extended Term:
“Not to exceed” Year 4: $100,000.00
“Not to exceed” Year 5: $100,000.00
Plan Check Compensation:
Sheet counts are based on the number of sheets submitted for plan check.
Sheets may include title and detail sheets, street plans, storm drain plans,
meandering sidewalk and parkway grading plans, rough & precise grading
plans at 30, 40 or 50 feet per inch scale.
Consultant receives no additional compensation for review of supporting
documents including, but not limited to hydrology and hydraulic calculation
203
Exhibit B
Page 2 of 2
reports, soils reports & engineer’s cost estimates, conditions of approval,
tentative tract and parcel maps.
Consultant receives no additional compensation for delivery or postage fees
necessary to transmit or receive plans from City.
Consultant receives no additional compensation for travel to and from City
Hall.
This rate shall be compensation for up to three (3) plan checks. Supplemental
payment for additional plan checks after the third check or for special
engineering reports including Water Quality Management Plans (WQMP) or
other engineering reports, shall be in made at the rates listed in the Schedule
of Billing Rates attached herewith for the actual hours submitted in
conformance with Section 2.2 of the Agreement. An estimate of hours to
complete the plan check (after the third plan check) or for special reports shall
be made in writing to the Contract Officer for approval as specified in Section
1.6 - Additional Services of the Agreement.
Compensation for the first three plan checks shall be distributed at the
following schedule:
First Plan Check: 65% of the Total Plan Check Fee
Second Plan Check: 20% of the Total Plan Check Fee
Third Plan Check: 15% of the Total Plan Check Fee
The Consultant shall be compensated upon the completion of each plan check
as indicated in the above schedule and in conformance with Section 2.2 of the
Agreement. If a project is suspended, either definitely or indefinitely, the
Consultant shall be compensated based on the last completed plan check. If
the plan check process is completed prior to the third plan check, 100% of the
plan check fee will be paid upon completion of the final plan check.
204
Exhibit C
Page 1 of 1
Exhibit C
Schedule of Performance
Contracting Party shall complete services identified in the Scope of
Services, Exhibit A of this Agreement, as requested by City within the time
allowed by the total contract sum.
OFFICE HOURS
The Consultant shall maintain normal office hours between 8:00 a.m. and 5:00 p.m.,
Monday through Friday. The Consultant shall be available to meet with City Staff
during normal working hours with 48 hours advance notice.
SCHEDULE
The Consultant shall adhere to the following plan check schedule:
Plan Submittal Plan Check Turn-Around (From Receipt from City Staff)
1st Plan Check 15 Working Days
2nd Plan Check 10 Working Days
3rd Plan Check 10 Working Days
For larger, more complex projects such as golf course developments, one (1)
additional week for the 1st and 2nd plan check shall be provided, if necessary to
complete a thorough plan check. The consultant shall advise the Contract Officer, in
writing, if additional time is needed.
205
Exhibit D
Page 1 of 1
Exhibit D
Special Requirements
None
206
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 with 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.
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Exhibit E
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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.
If coverage is maintained on a claims-made basis, Contracting Party
shall maintain such coverage for an additional period of three (3) years
following termination of the contract.
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.
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Exhibit E
Page 3 of 6
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:
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
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Exhibit E
Page 4 of 6
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.
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 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.
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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
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 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 an additional insured
endorsement is required in these specifications applicable to the renewing or
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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.
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.
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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,
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,
damages, injury (including, without limitation, injury to or death of an
employee of Contracting Party or of any subcontractor), costs and expenses,
whether actual or alleged, 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, 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, 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 are a
consequence of, or are in any way attributable to, in whole or in part, the
performance of the services provided under 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
provision of this agreement, Contracting Party shall not be required to
indemnify and hold harmless City for liability attributable to the active
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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 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
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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 obligation to indemnify City as set forth in this Agreement is binding on
the successors, assigns or heirs of Contracting Party and shall survive the
termination of this Agreement.
Notwithstanding the foregoing, nothing in this instrument shall be construed
to encompass (a) Indemnitees’ active negligence, sole negligence, reckless or
willful misconduct to the limited extent that the underlying Agreement is
subject to Civil Code 2782(a), or (b) the contracting public agency’s active
negligence to the limited extent that the underlying Agreement is subject to
Civil Code 2782(b).
Nothwithstanding the aforementioned in this section, Consultant’s obligation,
if any, to reimburse the City for any defense costs of any type or nature shall
be determined by the percentage fault of Consultants negligence, omissions,
or reckless conduct as determined by a trier of fact in a court of competent
jurisdiction. Consultant’s obligation to defend City shall only arise after
Consultants liability for any damages is established by a judgment entered by
a court of competent jurisdiction and all appellate remedies have been
exhausted.
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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 On-
Call Public Works Development Plan Check 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 2
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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, or assigned designee (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, or assigned designee, 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
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the Contract Officer, or assigned designee, 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, or assigned designee’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, or assigned designee. 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 One Hundred Fifty Thousand
Dollars ($100,000.00) 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. 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 HR Green Pacific, Inc., 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 both agreements. 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;
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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.
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, or assigned designee, 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, or assigned designee, 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, or assigned designee. 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, or assigned
designee, 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
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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, or assigned designee.
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, or assigned
designee, in writing of the causes of the delay. The Contract Officer, or
assigned designee, 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, or assigned designee, 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, or
assigned designee, 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 July 1, 2019, and terminate on June 30, 2022 (“Initial Term”). This
Agreement may be extended for two (2) additional year(s) 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
Phone: (562) 368-4848
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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”, otherwise known as
the Bryan McKinney, PE, City Engineer, or assigned designee may be
designated in writing by the City Manager of the City. It shall be Contracting
Party’s responsibility to assure that the Contract Officer, or assigned
designee, 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, or assigned designee. Unless otherwise specified
herein, any approval of City required hereunder shall mean the approval of
the Contract Officer, or assigned designee. The Contract Officer, or
assigned designee, 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,
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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,
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
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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 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, or assigned designee, such reports concerning
Contracting Party’s performance of the Services required by this Agreement
as the Contract Officer, or assigned designee, 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, or assigned
designee, of said fact, circumstance, technique, or event and the estimated
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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, or assigned designee, 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, or assigned designee, 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 assigned designee, 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
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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.
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
assigned designee, 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
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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.
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,
or assigned designee; 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.
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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.
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, or
assigned designee. 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, or assigned designee, thereafter
in accordance with the Schedule of Compensation or such as may be approved
by the Contract Officer, or assigned designee, 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
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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
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, or assigned designee.
Contracting Party agrees to at all times avoid conflicts of interest or the
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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
the performance of this Agreement. Contracting Party shall take affirmative
action to ensure 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: Bryan McKinney, PE
78495 Calle Tampico
La Quinta, California 92253
To Contracting Party:
Vanessa Muñoz, PE, TE, PTO,
Director of Engineering
Willdan Engineering, Inc.
13191 Crossroads Parkway North,
Suite 405
Industry, CA 91746
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
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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,
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.
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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]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of
the dates stated below.
CITY OF LA QUINTA,
a California Municipal Corporation
JON MCMILLEN, City Manager
City of La Quinta, California
Dated:
CONTRACTING PARTY:
By:
Name:
Title:
ATTEST:
MONIKA RADEVA, City Clerk
La Quinta, California
By:
Name:
Title:
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
233
Exhibit A
Page 1 of 7 Last revised summer 2017
Exhibit A
Scope of Services
1. Services to be Provided:
Plan Checking Scope of Services
Improvement plan checking will include the review of plans submitted for subdivision
(residential) improvements, commercial developments, and infrastructure
improvements within the City’s right of way. The plans shall be reviewed for
conformance with local and other applicable (County, State and Federal) ordinances
and standards with a strict attention to details. Plan check services may include, but
are not limited to the following:
• Grading Plans including mass grading, rough grading and precise
grading plans
• Street Improvement Plans including street widening, rehabilitation and
new street plans
• Storm Drainage Plans
• Hydrology and Hydraulic Calculations and Reports
• Engineer’s Cost Estimate for the related items of work for bonding
purposes
• Engineer’s Reports including Fugitive Dust Control (PM10) Plans, Storm
Water Pollution and Prevention Plans
• Water Quality Management Plans
• Erosion and Sediment Control Plans
The tasks of the plan checker include:
• To check for design conformance to:
o The approved Tentative Map
o Related Specific Plans
o General Plan and City Ordinances
o Conditions of Approval
o City Standards
o Americans with Disabilities (ADA) Standards
o The City’s Subdivision Plan Check Lists
o Other Agency Requirements such as Riverside County Flood Control
District (RCFCD), Coachella Valley Water District (CVWD) and CalTrans
• To review plans for sound engineering practices.
• To check for accuracy of design in conformance with the City’s most current
Plan Check Lists.
• To check general mathematics and design criteria.
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Exhibit A
Page 2 of 7
• To call for redesign of any portion of plans that:
o Will not function due to poor engineering.
o Is not consistent with the Approved Tentative Map or Conditions of
Approval.
o Will be potentially unsafe to the public.
o Is impractical to construct.
Orientation:
Consultant shall meet with City staff to:
o learn the City development plan check process;
o acquire text files and boiler plate documents as they apply;
o acquire understanding of key issues that need attention during the
plan check process;
o establish ongoing operating procedures between City staff and the
Consultant for the on-call services.
On-Call Services:
• Report to City Hall when called upon to pick up project documents for review,
and meet with city staff, as needed, to be briefed on project particulars;
• Field review project with City staff, as needed, to address unique aspects of
the proposed project;
• Attend scheduled development review meetings, as needed, to brief City staff
on findings and coordinate additional relevant details and preparation.
2. Performance Standards:
OFFICE HOURS:
The Consultant shall maintain normal office hours between 8:00 a.m. and 5:00
p.m., Monday through Friday. The Consultant shall be available to meet with City
Staff during normal working hours with 48 hours advance notice.
SCHEDULE
The Consultant shall adhere to the following plan check schedule:
Plan Submittal Plan Check Turn-Around (From Receipt from City Staff)
1st Plan Check 15 Working Days
2nd Plan Check 10 Working Days
3rd Plan Check 10 Working Days
For larger, more complex projects such as golf course developments, one
(1) additional week for the 1st and 2nd plan check shall be provided, if
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Exhibit A
Page 3 of 7
necessary to complete a thorough plan check. The consultant shall advise
the Contract Officer, in writing, if additional time is needed.
1st Submittal
Upon completing the 1st review, the Consultant shall submit the “red lined”
plans and a copy of the applicable Plan Check List to the City. The City will
provide supplemental comment as necessary and forward “red lined” plans
to the applicant.
2nd and Subsequent Submittals
Upon receipt of the 2nd round plan check submittal from the applicant and
upon completing the 2nd review, the Consultant shall submit “red lined”
plans and a copy of the applicable 2nd review Plan Check List to the City.
The City will provide supplemental comment as applicable and forward 2nd
review “red lined” plans to the applicant. The process of applicant
correction, Consultant review followed by City review and “red lined” plan
return to applicant shall continue until approvable plans are generated and
a plan approval letter is submitted to the City by the Consultant.
If necessary, the Consultant shall be available to meet with City staff and/or
the applicant to review the plan check comments. The Consultant will
communicate directly with the applicant regarding plan check issues and
clarifications. The City desires an average of no more than 3 plan check
rounds before final plan approval.
The Consultant shall be required to use the City’s TRAKiT software in the
plan check process. The Consultant shall also be required to purchase or
obtain the Bluebeam Revu software to allow electronic review and
commenting of plans. The Consultant shall maintain all files for a period of
three years. Copies of requested files will be furnished to the City upon
request.
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Exhibit A
Page 4 of 7
ADDENDUM TO AGREEMENT
Re: Scope of Services
If the Scope of Services include construction, alteration, demolition,
installation, repair, or maintenance affecting real property or structures or
improvements of any kind appurtenant to real property, the following apply:
1. Prevailing Wage Compliance. If Contracting Party is a contractor
performing public works and maintenance projects, as described in this
Section 1.3, Contracting Party shall comply with applicable Federal, State, and
local laws. Contracting Party is aware of the requirements of California Labor
Code Sections 1720, et seq., and 1770, et seq., as well as California Code of
Regulations, Title 8, Sections 16000, et seq., (collectively, the “Prevailing
Wage Laws”), and La Quinta Municipal Code Section 3.12.040, which require
the payment of prevailing wage rates and the performance of other
requirements on “Public works” and “Maintenance” projects. If the Services
are being performed as part of an applicable “Public works” or “Maintenance”
project, as defined by the Prevailing Wage Laws, and if construction work over
twenty-five thousand dollars ($25,000.00) and/or alterations, demolition,
repair or maintenance work over fifteen thousand dollars ($15,000.00) is
entered into or extended on or after January 1, 2015 by this Agreement,
Contracting Party agrees to fully comply with such Prevailing Wage Laws
including, but not limited to, requirements related to the maintenance of
payroll records and the employment of apprentices. Pursuant to California
Labor Code Section 1725.5, no contractor or subcontractor may be awarded
a contract for public work on a “Public works” project unless registered with
the California Department of Industrial Relations (“DIR”) at the time the
contract is awarded. If the Services are being performed as part of an
applicable “Public works” or “Maintenance” project, as defined by the
Prevailing Wage Laws, this project is subject to compliance monitoring and
enforcement by the DIR. Contracting Party will maintain and will require all
subcontractors to maintain valid and current DIR Public Works contractor
registration during the term of this Agreement. Contracting Party shall notify
City in writing immediately, and in no case more than twenty-four (24) hours,
after receiving any information that Contracting Party’s or any of its
subcontractor’s DIR registration status has been suspended, revoked, expired,
or otherwise changed. It is understood that it is the responsibility of
Contracting Party to determine the correct salary scale. Contracting Party
shall make copies of the prevailing rates of per diem wages for each craft,
classification, or type of worker needed to execute the Services available to
interested parties upon request, and shall post copies at Contracting Party’s
principal place of business and at the project site, if any. The statutory
penalties for failure to pay prevailing wage or to comply with State wage and
hour laws will be enforced. Contracting Party must forfeit to City TWENTY-
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Exhibit A
Page 5 of 7
FIVE DOLLARS ($25.00) per day for each worker who works in excess of the
minimum working hours when Contracting Party does not pay overtime. In
accordance with the provisions of Labor Code Sections 1810 et seq., eight
(8) hours is the legal working day. Contracting Party also shall comply with
State law requirements to maintain payroll records and shall provide for
certified records and inspection of records as required by California Labor Code
Section 1770 et seq., including Section 1776. In addition to the other
indemnities provided under this Agreement, Contracting Party shall defend
(with counsel selected by City), indemnify, and hold City, its elected officials,
officers, employees, and agents free and harmless from any claim or liability
arising out of any failure or alleged failure to comply with the Prevailing Wage
Laws. It is agreed by the parties that, in connection with performance of the
Services, including, without limitation, any and all “Public works” (as defined
by the Prevailing Wage Laws), Contracting Party shall bear all risks of payment
or non-payment of prevailing wages under California law and/or the
implementation of Labor Code Section 1781, as the same may be amended
from time to time, and/or any other similar law. Contracting Party
acknowledges and agrees that it shall be independently responsible for
reviewing the applicable laws and regulations and effectuating compliance
with such laws. Contracting Party shall require the same of all subcontractors.
2. Retention. Payments shall be made in accordance with the
provisions of Article 2.0 of the Agreement. In accordance with said Sections,
City shall pay Contracting Party a sum based upon ninety-five percent (95%)
of the Contract Sum apportionment of the labor and materials incorporated
into the Services under this Agreement during the month covered by said
invoice. The remaining five percent (5%) thereof shall be retained as
performance security to be paid to Contracting Party within sixty (60) days
after final acceptance of the Services by the City Council of City, after
Contracting Party has furnished City with a full release of all undisputed
payments under this Agreement, if required by City. In the event there are
any claims specifically excluded by Contracting Party from the operation of the
release, City may retain proceeds (per Public Contract Code § 7107) of up to
one hundred fifty percent (150%) of the amount in dispute. City’s failure to
deduct or withhold shall not affect Contracting Party’s obligations under the
Agreement.
3. Utility Relocation. City is responsible for removal, relocation, or
protection of existing main or trunk-line utilities to the extent such utilities
were not identified in the invitation for bids or specifications. City shall
reimburse Contracting Party for any costs incurred in locating, repairing
damage not caused by Contracting Party, and removing or relocating such
unidentified utility facilities. Contracting Party shall not be assessed liquidated
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Exhibit A
Page 6 of 7
damages for delay arising from the removal or relocation of such unidentified
utility facilities.
4. Trenches or Excavations. Pursuant to California Public Contract
Code Section 7104, in the event the work included in this Agreement requires
excavations more than four (4) feet in depth, the following shall apply:
(a) Contracting Party shall promptly, and before the following
conditions are disturbed, notify City, in writing, of any: (1) material that
Contracting Party believes may be material that is hazardous waste, as
defined in Section 25117 of the Health and Safety Code, that is required to be
removed to a Class I, Class II, or Class III disposal site in accordance with
provisions of existing law; (2) subsurface or latent physical conditions at the
site different from those indicated by information about the site made
available to bidders prior to the deadline for submitting bids; or (3) unknown
physical conditions at the site of any unusual nature, different materially from
those ordinarily encountered and generally recognized as inherent in work of
the character provided for in the Agreement.
(b) City shall promptly investigate the conditions, and if it finds
that the conditions do materially so differ, or do involve hazardous waste, and
cause a decrease or increase in Contracting Party’s cost of, or the time
required for, performance of any part of the work shall issue a change order
per Section 1.8 of the Agreement.
(c) in the event that a dispute arises between City and
Contracting Party whether the conditions materially differ, or involve
hazardous waste, or cause a decrease or increase in Contracting Party’s cost
of, or time required for, performance of any part of the work, Contracting
Party shall not be excused from any scheduled completion date provided for
by this Agreement, but shall proceed with all work to be performed under this
Agreement. Contracting Party shall retain any and all rights provided either
by contract or by law which pertain to the resolution of disputes and protests
between the contracting Parties.
5. Safety. Contracting Party shall execute and maintain its work so
as to avoid injury or damage to any person or property. In carrying out the
Services, Contracting Party shall at all times be in compliance with all
applicable local, state, and federal laws, rules and regulations, and shall
exercise all necessary precautions for the safety of employees appropriate to
the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be
limited to: (A) adequate life protection and lifesaving equipment and
procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders,
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Exhibit A
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bridges, gang planks, confined space procedures, trenching and shoring,
equipment and other safety devices, equipment and wearing apparel as are
necessary or lawfully required to prevent accidents or injuries; and
(C) adequate facilities for the proper inspection and maintenance of all safety
measures.
6. Liquidated Damages. Since the determination of actual damages
for any delay in performance of the Agreement would be extremely difficult or
impractical to determine in the event of a breach of this Agreement,
Contracting Party shall be liable for and shall pay to City the sum of One
Thousand dollars ($1,000.00) as liquidated damages for each working day of
delay in the performance of any of the Services required hereunder, as
specified in the Schedule of Performance. In addition, liquidated damages
may be assessed for failure to comply with the emergency call out
requirements, if any, described in the Scope of Services. City may withhold
from any moneys payable on account of the Services performed by
Contracting Party any accrued liquidated damages.
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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 not to exceed One Hundred
Thousand Dollars ($100,000.00) 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: $100,000.00
“Not to exceed” Year 2: $100,000.00
“Not to exceed” Year 3: $100,000.00
Possible Extended Term:
“Not to exceed” Year 4: $100,000.00
“Not to exceed” Year 5: $100,000.00
Plan Check Compensation:
Plan check payment shall be made in full at a “fixed fee” rate of:
$ 700.00 per sheet (submittals with 1-5 sheets in quantity)
$ 650.00 per sheet (submittals with 6-15 sheets in quantity)
$ 590.00 per sheet (submittals with 16 or more sheets in quantity)
Sheet counts are based on the number of sheets submitted for plan check.
Sheets may include title and detail sheets, street plans, storm drain plans,
meandering sidewalk and parkway grading plans, rough & precise grading
plans at 30, 40 or 50 feet per inch scale.
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Exhibit B
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Consultant receives no additional compensation for review of supporting
documents including, but not limited to hydrology and hydraulic calculation
reports, soils reports & engineer’s cost estimates, conditions of approval,
tentative tract and parcel maps.
Consultant receives no additional compensation for delivery or postage fees
necessary to transmit or receive plans from City.
Consultant receives no additional compensation for travel to and from City
Hall.
This rate shall be compensation for up to three (3) plan checks. Supplemental
payment for additional plan checks after the third check or for special
engineering reports including Water Quality Management Plans (WQMP) or
other engineering reports, shall be in made at the rates listed in the Schedule
of Billing Rates attached herewith for the actual hours submitted in
conformance with Section 2.2 of the Agreement. An estimate of hours to
complete the plan check (after the third plan check) or for special reports shall
be made in writing to the Contract Officer for approval as specified in Section
1.6 - Additional Services of the Agreement.
Compensation for the first three plan checks shall be distributed at the
following schedule:
First Plan Check: 65% of the Total Plan Check Fee
Second Plan Check: 20% of the Total Plan Check Fee
Third Plan Check: 15% of the Total Plan Check Fee
The Consultant shall be compensated upon the completion of each plan check
as indicated in the above schedule and in conformance with Section 2.2 of the
Agreement. If a project is suspended, either definitely or indefinitely, the
Consultant shall be compensated based on the last completed plan check. If
the plan check process is completed prior to the third plan check, 100% of the
plan check fee will be paid upon completion of the final plan check.
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Exhibit C
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Exhibit C
Schedule of Performance
Contracting Party shall complete services identified in the Scope of
Services, Exhibit A of this Agreement, as requested by City within the time
allowed by the total contract sum.
OFFICE HOURS
The Consultant shall maintain normal office hours between 8:00 a.m. and 5:00 p.m.,
Monday through Friday. The Consultant shall be available to meet with City Staff
during normal working hours with 48 hours advance notice.
SCHEDULE
The Consultant shall adhere to the following plan check schedule:
Plan Submittal Plan Check Turn-Around (From Receipt from City Staff)
1st Plan Check 15 Working Days
2nd Plan Check 10 Working Days
3rd Plan Check 10 Working Days
For larger, more complex projects such as golf course developments, one (1)
additional week for the 1st and 2nd plan check shall be provided, if necessary to
complete a thorough plan check. The consultant shall advise the Contract Officer, in
writing, if additional time is needed.
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Exhibit D
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Exhibit D
Special Requirements
None
244
Exhibit E
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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 with 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.
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Exhibit E
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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.
If coverage is maintained on a claims-made basis, Contracting Party
shall maintain such coverage for an additional period of three (3) years
following termination of the contract.
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.
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Exhibit E
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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:
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
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Exhibit E
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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.
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 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.
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Exhibit E
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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
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 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 an additional insured
endorsement is required in these specifications applicable to the renewing or
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Exhibit E
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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.
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.
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Exhibit F
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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
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Exhibit F
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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 provisions
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Exhibit F
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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 obligation 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.
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254
City of La Quinta
CITY COUNCIL MEETING: July 2, 2019
STAFF REPORT
AGENDA TITLE: APPROVE CONTRACT SERVICES AGREEMENTS WITH EARTH
SYSTEMS, INC. AND CONVERSE CONSULTANTS FOR ON-CALL MATERIALS
TESTING SERVICES
RECOMMENDATION
Approve Contract Services Agreements with Earth Systems, Inc. and Converse
Consultants for on-call materials testing services; authorize the City Manager to
execute the agreements.
EXECUTIVE SUMMARY
•Materials testing services is often needed for construction projects and
requires a laboratory and skilled specialists.
•Staff solicited proposals for these services from qualified firms; Earth
Systems, Inc. and Converse Consultants were the best qualified firms to
provide these services.
•Each agreement would be approved for an amount not to exceed $150,000
per year for a three-year term, which provides flexibility to use one or both
firms depending on work demand.
FISCAL IMPACT
These combined contracts could cost up to $150,000 annually, or a total of
$450,000 during the three-year term. Funds are available in the Capital
Improvement Project (CIP) technical account (401-0000-60108). The total
amount budgeted for 2019/20 is $150,000 for these services; Staff cannot
exceed the $150,000 budget without Council approval.
BACKGROUND/ANALYSIS
In May 2019, the City received eight proposals to an on-call materials testing
services request for proposals. Staff reviewed the proposals and both Earth
Systems, Inc. and Converse Consultants were selected as the top ranked firms;
Earth Systems, Inc. (Attachment 1) and Converse Consultants (Attachment 2)
were the most cost effective and qualified firms. Geocon West, Inc., Inland
Foundation Engineering, Leighton and Associates, MTGL, SCST, and United
Heider Inspection Group also submitted proposals.
CONSENT CALENDAR ITEM NO. 10
255
The contract authority would allow Staff to utilize either consultant for the full
“not to exceed” budget of $150,000; the monthly invoices would be tracked to
ensure that the $150,000 annual budget for these services is not exceeded.
Staff requests this flexibility to allow the use of one firm when the other firm
cannot respond due to prior commitments.
ALTERNATIVES
Council could elect not to approve one or both agreements.
Prepared by: Julie Mignogna, Management Analyst
Approved by: Bryan McKinney, P.E., City Engineer
Attachments: 1.Agreement with Earth Systems, Inc.
2. Agreement with Converse Consultants
256
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 Earth Systems Pacific, 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 Materials Testing Services as specified in the “Scope of Services” attached
hereto as “Exhibit A” and incorporated herein by this reference (the
“Services”). Contracting Party represents that Contracting Party is a provider
of 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, For purposes of this Agreement, the phrase
“industry standards” shall mean those standards of practice recognized by one
or more 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, 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.
ATTACHMENT 1
257
-2-
1.5 Familiarity with Work. By executing this Agreement, Contracting
Party represents that it has carefully considered how the Services should be
performed 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, or assigned
designee (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, or assigned designee, 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, or assigned designee, 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, or assigned designee’s written authorization
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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, or assigned designee. 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
One Hundred Fifty Thousand Dollars ($150,000.00) 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. 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 Converse
Consultants, 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 both agreements. 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.
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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, or assigned designee, 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, or assigned designee, 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, or assigned designee. 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, or assigned
designee, 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. However, the City acknowledged that Contracting Party’s
performance must be governed by sound professional practices. 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, or assigned designee.
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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, or assigned
designee, in writing of the causes of the delay. The Contract Officer, or
assigned designee, 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, or assigned designee, 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, or
assigned designee, 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 July 1, 2019, and terminate on June 30, 2022 (“Initial Term”). This
Agreement may be extended for two (2) additional year(s) 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) Mark Houghton
Tel No. (760)345-1588
E-mail: mhoughton@earthsystems.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
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assigned to perform the Services required hereunder without the express
written approval of City.
4.2 Contract Officer. The “Contract Officer”, otherwise known as
the Bryan McKinney, PE, City Engineer, or assigned designee may be
designated in writing by the City Manager of the City. It shall be Contracting
Party’s responsibility to assure that the Contract Officer, or assigned
designee, 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, or assigned designee. Unless otherwise specified
herein, any approval of City required hereunder shall mean the approval of
the Contract Officer, or assigned designee. The Contract Officer, or
assigned designee, 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
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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.
4.6 City Cooperation. City shall provide Contracting Party with any
plans, publications, reports, statistics, records, or other data or information
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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, 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, or assigned designee, such reports concerning
Contracting Party’s performance of the Services required by this Agreement
as the Contract Officer, or assigned designee, 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, or assigned
designee, 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,
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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, or assigned designee, 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, or assigned designee, 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. Contingent upon full payment of
undisputed amounts in accordance with this agreement, 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 assigned designee, 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
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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
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
assigned designee, 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
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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,
or assigned designee; 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.
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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, or
assigned designee. 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, or assigned designee, thereafter
in accordance with the Schedule of Compensation or such as may be approved
by the Contract Officer, or assigned designee, 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
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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. The City agrees an individual employee/agent of the Consultant
shall not be individually liable for negligence.
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, or assigned designee.
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
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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
the performance of this Agreement. Contracting Party shall take affirmative
action to ensure 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: Bryan McKinney, PE
78495 Calle Tampico
La Quinta, California 92253
To Contracting Party:
Mark Houghton, Managing Principal
Earth Systems Pacific
79811B Country Club Dr
Bermuda Dunes, CA 92203
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.
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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
271
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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]
272
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IN WITNESS WHEREOF, the parties have executed this Agreement as of
the dates stated below.
CITY OF LA QUINTA,
a California Municipal Corporation
JON McMILLEN, City Manager
City of La Quinta, California
Dated:
CONTRACTING PARTY:
By:
Name:
Title:
ATTEST:
MONIKA RADEVA, City Clerk
La Quinta, California
By:
Name:
Title:
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
273
Exhibit A
Page 1 of 4 Last revised summer 2017
Exhibit A
Scope of Services
Services to be Provided:
Consultant shall provide equipment, services and products to be rendered in
performing all designated work associated which may include, but is not
limited to, performing the following intermittent observation and testing
services:
•Provide a qualified technician as necessary to conduct density tests on
roadway sub-grade, aggregate base, asphaltic concrete, slope fill and
trench backfill placement as required. The tests will be performed with a
nuclear densometer in accordance with ASTM D2922 or sand cone in
accordance with ASTM D1556. Maximum density curves (ASTM D1557) will
be performed on various material types as they are encountered, including
Marshall density tests on the asphaltic concrete.
•Provide an ACI-certified technician as necessary to make sets of concrete
cylinders as needed and perform slump tests for the curb, gutter, concrete
dip section, foundations, and other minor concrete.
•Provide a Caltrans certified technician and laboratory to perform tests on
federally funded projects.
•Perform compression strength tests in accordance with ASTM C39.
•Perform extraction/gradation tests in accordance with ASTM D2172/C136
on the asphaltic concrete.
•Perform R Value Testing of street subgrade and recommend a pavement
section based on the results of the test.
•Reporting of any Non-Compliance results of materials to the City within
twenty-four (24) hours from the time of sampling.
274
Exhibit A
Page 2 of 4
ADDENDUM TO AGREEMENT
Re: Scope of Services
If the Scope of Services include construction, alteration, demolition,
installation, repair, or maintenance affecting real property or structures or
improvements of any kind appurtenant to real property, the following apply:
1.Prevailing Wage Compliance. If Contracting Party is a contractor
performing public works and maintenance projects, as described in this
Section 1.3, Contracting Party shall comply with applicable Federal, State, and
local laws. Contracting Party is aware of the requirements of California Labor
Code Sections 1720, et seq., and 1770, et seq., as well as California Code of
Regulations, Title 8, Sections 16000, et seq., (collectively, the “Prevailing
Wage Laws”), and La Quinta Municipal Code Section 3.12.040, which require
the payment of prevailing wage rates and the performance of other
requirements on “Public works” and “Maintenance” projects. If the Services
are being performed as part of an applicable “Public works” or “Maintenance”
project, as defined by the Prevailing Wage Laws, and if construction work over
twenty-five thousand dollars ($25,000.00) and/or alterations, demolition,
repair or maintenance work over fifteen thousand dollars ($15,000.00) is
entered into or extended on or after January 1, 2015 by this Agreement,
Contracting Party agrees to fully comply with such Prevailing Wage Laws
including, but not limited to, requirements related to the maintenance of
payroll records and the employment of apprentices. Pursuant to California
Labor Code Section 1725.5, no contractor or subcontractor may be awarded
a contract for public work on a “Public works” project unless registered with
the California Department of Industrial Relations (“DIR”) at the time the
contract is awarded. If the Services are being performed as part of an
applicable “Public works” or “Maintenance” project, as defined by the
Prevailing Wage Laws, this project is subject to compliance monitoring and
enforcement by the DIR. Contracting Party will maintain and will require all
subcontractors to maintain valid and current DIR Public Works contractor
registration during the term of this Agreement. Contracting Party shall notify
City in writing immediately, and in no case more than twenty-four (24) hours,
after receiving any information that Contracting Party’s or any of its
subcontractor’s DIR registration status has been suspended, revoked, expired,
or otherwise changed. It is understood that it is the responsibility of
Contracting Party to determine the correct salary scale. Contracting Party
shall make copies of the prevailing rates of per diem wages for each craft,
classification, or type of worker needed to execute the Services available to
interested parties upon request, and shall post copies at Contracting Party’s
principal place of business and at the project site, if any. The statutory
penalties for failure to pay prevailing wage or to comply with State wage and
hour laws will be enforced. Contracting Party must forfeit to City TWENTY-
275
Exhibit A
Page 3 of 4
FIVE DOLLARS ($25.00) per day for each worker who works in excess of the
minimum working hours when Contracting Party does not pay overtime. In
accordance with the provisions of Labor Code Sections 1810 et seq., eight
(8) hours is the legal working day. Contracting Party also shall comply with
State law requirements to maintain payroll records and shall provide for
certified records and inspection of records as required by California Labor Code
Section 1770 et seq., including Section 1776. In addition to the other
indemnities provided under this Agreement, Contracting Party shall defend
(with counsel selected by City), indemnify, and hold City, its elected officials,
officers, employees, and agents free and harmless from any claim or liability
arising out of any failure or alleged failure to comply with the Prevailing Wage
Laws. It is agreed by the parties that, in connection with performance of the
Services, including, without limitation, any and all “Public works” (as defined
by the Prevailing Wage Laws), Contracting Party shall bear all risks of payment
or non-payment of prevailing wages under California law and/or the
implementation of Labor Code Section 1781, as the same may be amended
from time to time, and/or any other similar law. Contracting Party
acknowledges and agrees that it shall be independently responsible for
reviewing the applicable laws and regulations and effectuating compliance
with such laws. Contracting Party shall require the same of all subcontractors.
2.Retention. [Intentionally omitted.]
3.Utility Relocation. City is responsible for removal, relocation, or
protection of existing main or trunk-line utilities to the extent such utilities
were not identified in the invitation for bids or specifications. City shall
reimburse Contracting Party for any costs incurred in locating, repairing
damage not caused by Contracting Party, and removing or relocating such
unidentified utility facilities. Contracting Party shall not be assessed liquidated
damages for delay arising from the removal or relocation of such unidentified
utility facilities.
4.Trenches or Excavations. If included in Contracting Party’s
services, pursuant to California Public Contract Code Section 7104, in the
event the work included in this Agreement requires excavations more than
four (4) feet in depth, the following shall apply:
(a) Contracting Party shall promptly, and before the following
conditions are disturbed, notify City, in writing, of any: (1) material that
Contracting Party believes may be material that is hazardous waste, as
defined in Section 25117 of the Health and Safety Code, that is required to be
removed to a Class I, Class II, or Class III disposal site in accordance with
provisions of existing law; (2) subsurface or latent physical conditions at the
site different from those indicated by information about the site made
available to bidders prior to the deadline for submitting bids; or (3) unknown
276
Exhibit A
Page 4 of 4
physical conditions at the site of any unusual nature, different materially from
those ordinarily encountered and generally recognized as inherent in work of
the character provided for in the Agreement.
(b) City shall promptly investigate the conditions, and if it finds
that the conditions do materially so differ, or do involve hazardous waste, and
cause a decrease or increase in Contracting Party’s cost of, or the time
required for, performance of any part of the work shall issue a change order
per Section 1.8 of the Agreement.
(c) in the event that a dispute arises between City and
Contracting Party whether the conditions materially differ, or involve
hazardous waste, or cause a decrease or increase in Contracting Party’s cost
of, or time required for, performance of any part of the work, Contracting
Party shall not be excused from any scheduled completion date provided for
by this Agreement, but shall proceed with all work to be performed under this
Agreement. Contracting Party shall retain any and all rights provided either
by contract or by law which pertain to the resolution of disputes and protests
between the contracting Parties.
5.Safety. Contracting Party shall execute and maintain its work so
as to avoid injury or damage to any person or property. In carrying out the
Services, Contracting Party shall at all times be in compliance with all
applicable local, state, and federal laws, rules and regulations, and shall
exercise all necessary precautions for the safety of employees appropriate to
the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be
limited to: (A) adequate life protection and lifesaving equipment and
procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders,
bridges, gang planks, confined space procedures, trenching and shoring,
equipment and other safety devices, equipment and wearing apparel as are
necessary or lawfully required to prevent accidents or injuries; and
(C) adequate facilities for the proper inspection and maintenance of all safety
measures.
277
Exhibit B
Page 1 of 7
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 not to exceed One Hundred Fifty
Thousand Dollars ($150,000.00) 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 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: $150,000.00
“Not to exceed” Year 2: $150,000.00
“Not to exceed” Year 3: $150,000.00
Possible Extended Term:
“Not to exceed” Year 4: $150,000.00
“Not to exceed” Year 5: $150,000.00
Note: Reimbursables will not be paid unless pre-approved
The current Indirect Cost Rate for Earth Systems Pacific based on the 2017
year is 144.3% for allowed Overhead, 35.8% for benefits (Combined ICR is
180.1%) and 10% for Profit.
278
Earth Systems City of La Quinta / 10
On-Call Materials Testing Services
4. Cost and Price
JANUARY 1, 2019 FEE SCHEDULE RC-1901-001.FEE
FEE SCHEDULE
(Effective January 1, 2019 - June 30, 2019)
This schedule presents rates for professional and technical services in the fields of geotechnical engineering, engineering
geology, environmental consulting, construction observation and testing, and special inspection. Listed are charges for
services most frequently performed by Earth Systems. Additional services not listed are available and can be discussed upon
request; fixed-fee quotes for some services can also be provided upon request. To discuss a scope of work and fees for a
specific project, please contact our office.
PERSONNEL Hourly Rate
Principal Professional ............................................................................................................................................. $210.00
Associate Professional ........................................................................................................................................... $188.00
Senior Professional ................................................................................................................................................ $166.00
Project Professional ............................................................................................................................................... $150.00
Staff Professional ................................................................................................................................................... $110.00
Special Inspector, Prevailing Wage* ...................................................................................................................... $110.00
Technician, Prevailing Wage* ................................................................................................................................ $102.00
Special Services/Caltrans Technician, Prevailing Wage* ....................................................................................... $110.00
Special Services Technician .................................................................................................................................... $110.00
Special Inspector ...................................................................................................................................................... $94.00
Technical Assistant and Drafter ............................................................................................................................... $90.00
Technician ................................................................................................................................................................ $83.00
Clerical/Administrative ............................................................................................................................................ $75.00
* Technician/Inspector Classifications as defined by the State of California Department of Industrial Relations.
BASIS OF CHARGES, GENERAL
1.Field technician services for regular work days for non- Prevailing Wage projects are subject to a 2-hour minimum charge
and billed in 2-hour increments portal to portal. Special inspection is billed in 4-hour increments. Over-time is billed in
1-hour increments.
2.Work performed on Saturdays, night work, and for premium hours (before 7 a.m., after 5 p.m. or more than 8 hours in
one day) for personnel are at time and one-half; Sundays and holidays are at double time. Work performed on weekends,
holidays, and when work starts outside of regular business hours is subject to a 4-hour minimum charge.
3.Charges are calculated in one-hour increments and accumulate on a portal-to portal basis.
4.A 2-hour cancellation charge applies if scheduled inspection or testing is cancelled after 3 p.m. the day prior to the
scheduled work.
5.Mileage is invoiced at a rate of $0.90/mile (portal-to-portal).
6.Nuclear gauge charge: $12.50 per hour.
7.Subcontracted services, materials, rental equipment, out of town travel, and expenses are charged at cost plus 20
percent. Fixed per diem rates for specific projects can be provided upon request.
8.Minimum report charge: $150.00. Report copies: $25.00 each (minimum). Posting of electronic documents to project
websites will be charged at clerical/administrative services rate.
9.Invoices are payable upon presentation. Invoices thirty days past due are subject to a service charge of one and one -half
percent per month. Payments using a credit card will be assigned a 3% surcharge.
PREVAILING WAGE PROJECTS
1.Field technician services for regular work days for Prevailing Wage projects are subject to a 4-hour minimum charge, then
billed in 2-hour increments portal to portal. Special inspection is billed in 4-hour increments. Over-time is billed in 1-
hour increments.
2.The prevailing wage (PW) rates presented herein are based on current rates established by the Department of Industrial
Relations (DIR). If, during the course of the project, prevailing wage rates are increased by DIR, rates are subject to
adjustment. Also, please note requirements concerning overtime, shift work, travel time, holidays, and other factors can
vary for different classifications of work under prevailing wage regulations.
3.State regulations requires electronic submittal of Certified Payroll to DIR. A fee of $75.00/week will be assessed.
Additional time required to address specific requests related to DIR/Labor Compliance will be charged at the
clerical/administrative services rates.
Exhibit B
Page 2 of 7 279
Earth Systems City of La Quinta / 11
On-Call Materials Testing Services
JANUARY 1, 2019 FEE SCHEDULE RC-1901-001.FEE
FEE SCHEDULE - MATERIALS TESTING
(Effective January 1, 2019 - June 30, 2019)
BASIS OF CHARGES
Rates for field work such as materials sampling, construction inspection, and field evaluation will be in accordance with the
Personnel Rates listed in the basic Fee Schedule. The below listed rates apply to standard ASTM test methods. An additional
hourly charge ($80.00/hr.) will be applied for cutting, capping, or other preparation of non-standard samples and, where noted,
for steel samples.
SOILS
All prices are based on California and Modified California sample sizes (2” – 2.5” diameter) unless noted otherwise. Preparation
of 3” diameter samples add $20.00. Testing of contaminated soil will be per quote. Samples will be returned to sender for
proper disposal.
Atterberg Limits: Liquid Limit or Plastic Limit................................................................................................................ $105.00
Atterberg Limits: Plasticity Index .................................................................................................................................. $225.00
California Bearing Ratio, 3 points; incl. ref maximum density ...................................................................................... $785.00
California Bearing Ratio, 9 points; incl. ref maximum density ................................................................................... $1,100.00
Consolidation, one dimensional .................................................................................................................................... $236.00
Consolidation, timed, per point ...................................................................................................................................... $63.00
Basic Corrosivity w/out Report (pH, Sulfate, Chl., Resistivity) ...................................................................................... $270.00
Direct Shear, per point, 3 points minimum .................................................................................................................. $265.00
Expansion Index Test ..................................................................................................................................................... $178.00
Maximum Density and Optimum Moisture: 4” Mold ................................................................................................... $210.00
Maximum Density and Optimum Moisture: 6” Mold ................................................................................................... $230.00
Maximum Density and Optimum Moisture: California Impact ..................................................................................... $230.00
Moisture and Unit Weight Determination, from ring samples ....................................................................................... $23.00
Moisture Only .................................................................................................................................................................. $16.00
Permeability Tests, constant head or falling head .................................................................................................... Per Quote
R-Value .......................................................................................................................................................................... $470.00
R-Value, CA State Hwy/set of 3, Cement, Lime, Other additives .................................................................................. $470.00
Hydro Collapse Potential ............................................................................................................................................... $135.00
Hydrometer Analysis, assumed specific gravity, with 200 wash ................................................................................... $225.00
Sieve/Hydrometer Analysis, assumed specific gravity, w/200 wash............................................................................. $225.00
Sieve Analysis, Aggregate Base/Subbase ...................................................................................................................... $170.00
Sieve Analysis 200 wash only ........................................................................................................................................ $115.00
Sieve Analysis with wash ............................................................................................................................................... $136.00
Sieve Analysis, Oversize Material .................................................................................................................................. $199.00
Specific Gravity .............................................................................................................................................................. $178.00
Swell Test, undisturbed ................................................................................................................................................. $178.00
Swell Test, remolded ..................................................................................................................................................... $225.00
Unconfined Compressive Strength, untreated .............................................................................................................. $158.00
Unconfined Compressive Strength, lime or cement treated material .......................................................................... $550.00
THERMAL RESISTIVITY TESTS
Concrete, 1 point w/moisture content (requiring special collection procedure) ................................................................... $210.00
Field Testing using Thermal Resistivity Meter ........................................................................................................................ $315.00
Soil, per moisture point, per sample ...................................................................................................................................... $260.00
Soil, 3 moisture points with dry‐out curve, per sample ......................................................................................................... $780.00
CONCRETE AGGREGATE
Abrasion, L.A. Rattler, 100 and 500 revolutions ..................................................................................................................... $250.00
Absorption, Coarse Aggregate .................................................................................................................................................. $89.00
Absorption, Fine Aggregate .................................................................................................................................................... $136.00
Clay Lumps and Friable Particles in Aggregate ....................................................................................................................... $116.00
Cleanness Value of Coarse Aggregate .................................................................................................................................... $165.00
Crushed Particles, each size .................................................................................................................................................... $116.00
Durability Index, Coarse or Fine Aggregate ............................................................................................................................ $165.00
Exhibit B
Page 3 of 7 280
Earth Systems City of La Quinta / 12
On-Call Materials Testing Services
JANUARY 1, 2019 FEE SCHEDULE RC-1901-001.FEE
FEE SCHEDULE - MATERIALS TESTING
(Effective January 1, 2019 - June 30, 2019)
Flat and Elongated Particles in Aggregate .............................................................................................................................. $116.00
Organic Impurities in Fine Aggregate ....................................................................................................................................... $90.00
Potential Reactivity of Aggregated by Chemical Method, each size ................................................................................... Per Quote
Sand Equivalent ...................................................................................................................................................................... $135.00
Sieve Analysis, washed ........................................................................................................................................................... $165.00
Soundness, Sodium Sulfate, 5 cycles ...................................................................................................................................... $345.00
Specific Gravity, Coarse Aggregate ......................................................................................................................................... $135.00
Specific Gravity, Fine Aggregate ............................................................................................................................................. $135.00
Uncompacted Void Content of Fine Aggregate Angularity, w/fine Aggregate SG .................................................................. $230.00
Unit Weight of Aggregate ....................................................................................................................................................... $135.00
CONCRETE CYLINDERS, BEAMS AND CORES
Compression Test of Cast Cylinders ......................................................................................................................................... $32.00
Compression Test of Cored Samples, cored at laboratory ....................................................................................................... $90.00
Compression Test of cores delivered by others ....................................................................................................................... $75.00
Compression Test of Lightweight Concrete .............................................................................................................................. $35.00
Density of Concrete Cylinders .................................................................................................................................................. $70.00
Density of Hardened Concrete ............................................................................................................................................... $100.00
Flexural Strength, Simple Beam with Third Point Loading ..................................................................................................... $150.00
Grading of Shotcrete Cores .................................................................................................................................................... $150.00
Sample Storage, monthly per sample ....................................................................................................................................... $25.00
Shrinkage, set of 3 .................................................................................................................................................................. $400.00
Unit Weight of Lightweight Concrete ..................................................................................................................................... $100.00
Enviro. Recycling Fee, per cylinder, core or beam .......................................................................................................................$2.00
Enviro Recycling Fee, per flex beam ............................................................................................................................................$5.00
Enviro Recycle Fee/Form Stripping, per shotcrete panel/beam............................................................................................... $50.00
MASONRY
Absorption of Block, set of 3 .................................................................................................................................................. $150.00
Compression Test, 2” x 4” Mortar Cylinders ............................................................................................................................ $40.00
Compression Test, 3” x 3” x 6” Grout Samples ......................................................................................................................... $40.00
Compression Test on Block, set of 3 ....................................................................................................................................... $150.00
Compression Test on Grouted Prisms, includes cutting ......................................................................................................... $220.00
Compression Test on Masonry Cores ....................................................................................................................................... $75.00
Coring of Grouted Masonry by Subcontractor ................................................................................................................... cost + 20%
Masonry Shrinkage, set of 3 ................................................................................................................................................... $300.00
Moisture Content of Block as received, set of 3 ..................................................................................................................... $125.00
Shear Test on Masonry Cores, 2 faces .................................................................................................................................... $150.00
Specific Gravity and Unit Weight of Block, set of 3 ................................................................................................................ $170.00
Enviro Recycling Fee, per masonry prism ....................................................................................................................................$3.00
Enviro Recycling Fee, per mortar or grout sample ......................................................................................................................$2.00
FIREPROOFING
Fireproof Bond Test .................................................................................................................................................................. $75.00
Fireproofing Density Test ......................................................................................................................................................... $90.00
ASPHALT CONCRETE
Bulk Specific Gravity of Compacted Specimens and Core Samples .......................................................................................... $50.00
Compaction of Lab Samples, CA Kneading Compactor, set of 3 ............................................................................................. $400.00
Compaction of Lab Samples, CA Kneading Compactor, set of 5 ............................................................................................. $650.00
Compaction of Lab Samples, Marshall Method set of 3 –(50 blows/side) ............................................................................. $300.00
Compaction of Lab Samples, Marshall Method set of 3 –(75 blows/side) ............................................................................. $400.00
Extraction of Oil from A.C. Mixtures ....................................................................................................................................... $275.00
Extraction of Oil from Rubberized Mixtures ........................................................................................................................... $360.00
Exhibit B
Page 4 of 7 281
Earth Systems City of La Quinta / 13
On-Call Materials Testing Services
JANUARY 1, 2019 FEE SCHEDULE RC-1901-001.FEE
FEE SCHEDULE - MATERIALS TESTING
(Effective January 1, 2019 - June 30, 2019)
Ignition Oven Binder Content, after initial correction value is determined ........................................................................... $185.00
Ignition Oven Binder Content Correction Value /mix design, average of 3 ............................................................................ $850.00
Ignition Oven Gradation Correction Value, per mix design ................................................................................................. Per Quote
Moisture Content ..................................................................................................................................................................... $50.00
Sieve Analysis of Extracted Aggregate .................................................................................................................................... $200.00
Sieve Analysis of Ignition Oven Residue ................................................................................................................................. $200.00
Specific Gravity, Theoretical Maximum, Rice Method ............................................................................................................ $150.00
Stability and Flow, Marshall Apparatus, set of 3 .................................................................................................................... $230.00
Stabilometer, Hveem S-Value, set of 3 ................................................................................................................................... $200.00
Enviro Recycling Fee, per sample ................................................................................................................................................$3.00
Enviro Recycling Fee for Extracted Oils..................................................................................................................................... $35.00
* Includes formal report of test results following 28-Day tests. Formal reports for earlier tests are subject to an additional $25.00 fee
REINFORCING AND STRUCTURAL STEEL
Bend Test of Welded Specimen, sample preparation not included .............................................................................. $165.00
Pipe Flattening Test, sample preparation not included ................................................................................................ $165.00
Reinforcing Steel Coupler Tensile and Slip Tests ........................................................................................................... $300.00
Structural Steel Bend Test, sample preparation not included ...................................................................................... $165.00
Structural Steel Machining/Sample Preparation .......................................................................................................cost + 20%
Structural Steel Tensile Test, sample prep not included ............................................................................................... $165.00
Tensile and Bend Tests of Reinforcing Bar, #2 through #9............................................................................................ $150.00
Tensile and Bend Tests of Reinforcing Bar, #10 through #18 ................................................................................... Per Quote
Enviro Recycling Fee, per sample ...................................................................................................................................... $2.00
BOLT TESTS
Bolt Tests, chemical or mechanical ...........................................................................................................................cost + 20%
WELDER QUALIFICATION
AWS D1.1: 3/8” Plate, per position ........................................................................................................................... Per Quote
AWS D1.1: 1” Plate, per position ............................................................................................................................... Per Quote
AWS D1.3: Sheet Steel ............................................................................................................................................... Per Quote
AWS D1.4: Reinforcing Bar ........................................................................................................................................ Per Quote
ASME/API Pipe Sections ............................................................................................................................................ Per Quote
EQUIPMENT/CHARGES (Does Not Include Personnel)
110-volt Portable Electric Generator .................................................................................................................... $100.00/day
Anchor Pull Test Equipment ...................................................................................................................................... $75.00/hr.
Bailer (disposable) w/dedicated rope ...................................................................................................................... $25.00/ea.
Concrete and Asphalt Concrete Coring Equipment............................................................................................... $100.00/day
Concrete Slab Moisture Transition Kit...................................................................................................................... $50.00/ea.
Conductivity Meter.................................................................................................................................................. $80.00/day
Cut-Off Saw ............................................................................................................................................................. $75.00/day
Double Ring Infiltrometer (per set) ....................................................................................................................... $150.00/day
Drum Dolly............................................................................................................................................................... $20.00/day
Drums ....................................................................................................................................................................... $75.00/ea.
Dynamometer, In-line Scale .................................................................................................................................... $50.00/day
Hammer Drill ........................................................................................................................................................... $50.00/day
Hand Auger/Sampler Equipment ............................................................................................................................ $50.00/day
Lock n, Load VOC Sample Pres. Sys. ......................................................................................................................... $20.00/ea.
Magnetic Particle Equipment .................................................................................................................................... Per Quote
Manometer ........................................................................................................................................................... $100.00/day
Mini-Troll Groundwater Level Transducer ................................................................................................................ Per Quote
Exhibit B
Page 5 of 7 282
Earth Systems City of La Quinta / 14
On-Call Materials Testing Services
JANUARY 1, 2019 FEE SCHEDULE RC-1901-001.FEE
FEE SCHEDULE - MATERIALS TESTING
(Effective January 1, 2019 - June 30, 2019)
Nuclear Density Equipment, per hour ............................................................................................................................. $12.50
Paint Thickness Meter ............................................................................................................................................... Per Quote
Percolation Tank System and Trailer ..................................................................................................................... $250.00/day
Personal Protective Equipment Level C..................................................................................................................... Per Quote
Pile Driving Equipment (for pile load testing) ....................................................................................................... $800.00/day
Pile Load Testing Equipment ................................................................................................................................. $500.00/day
Pulse Velocity Meter ............................................................................................................................................. $100.00/day
Rebound Hammer (Schmidt Hammer) .................................................................................................................... $50.00/day
Reinforcing Steel Locating Equipment (DR-Meter) ................................................................................................. $75.00/day
Relative Humidity Meter ......................................................................................................................................... $50.00/day
Rhino Off Road Vehicle .......................................................................................................................................... $100.00/day
Safety and Specialty Equipment ................................................................................................................................ Per Quote
Sampling Consumables ............................................................................................................................................. Per Quote
Skidmore Bolting Calibration Equipment .............................................................................................................. $200.00/day
Slope Inclinometer Equipment, per hole .................................................................................................................. Per Quote
Soil Sampling Containers (metal) ............................................................................................................................. $15.00/ea.
Soil Sampling Containers (glass) ................................................................................................................................. $2.00/ea.
Tape Extensometer ................................................................................................................................................... Per Quote
Tension Equipment ................................................................................................................................................. $50.00/day
Torque/Tension Equipment .................................................................................................................................... $60.00/day
Water Level Indicator .............................................................................................................................................. $45.00/day
Per Diem ................................................................................................................................................................ $150.00/day
DIR Compliance/eCPR, per week ..................................................................................................................................... $75.00
DSA Box Posting, ea. ...................................................................................................................................................... $145.00
DSA Lab Compliance, per week ....................................................................................................................................... $50.00
Vehicle Mileage Charge/mile ............................................................................................................................................ $0.90
Exhibit B
Page 6 of 7 283
Earth Systems City of La Quinta / 15
On-Call Materials Testing Services
JANUARY 1, 2019 FEE SCHEDULE RC-1901-001.FEE
EXPERT WITNESS SERVICES
(Effective January 1, 2019 - June 30, 2019)
The following rates apply to deposition testimony, arbitration testimony, hearings and court appearances.
HOURLY CHARGES FOR PERSONNEL
Principal Professional ........................................ $420.00
Associate Professional ....................................... $315.00
Senior Professional ............................................ $265.00
Clerical/Admin Services ....................................... $95.00
SPECIAL SERVICES
Deposition ................................................. $420.00/hr.2
Arbitration ................................................... $420.00/hr.
Court Appearance/Hearings ........... $1,575.00/half day3
Standby to Appear .................................... $790.00/day4
BASIS OF CHARGES
1.Hourly rates are charged during investigation, analysis, consultation, and preparation services.
2.Estimated deposition fee payable in advance by party requesting deposition. The difference between advance
payment and final fee to be billed or refunded in accordance with the fee and billing information in this schedule.
Fee for reviewing deposition transcript will be billed at hourly rates to the party requesting the review.
3.Minimum half day charge will apply to court appearances and hearings. Time extending through the noon hour will
be subject to the full day charge of $3,150.00.
4.Days, or portions thereof, reserved for appearances at hearings, court, or arbitrations, during which we are not
required to be away from our offices will be subject to a standby charge of $790.00. Standby at other locations will
be charged at the general hourly rates.
Exhibit B
Page 7 of 7 284
Exhibit C
Page 1 of 1
Exhibit C
Schedule of Performance
Contracting Party shall complete services identified in the Scope of
Services, Exhibit A of this Agreement, as requested by City within the time
allowed by the total contract sum.
285
Exhibit D
Page 1 of 1
Exhibit D
Special Requirements
None
286
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)
$2,000,000 (per occurrence)
$4,000,000 (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 with 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.
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Exhibit E
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Contracting Party shall carry automobile liability insurance of
$2,000,000 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.
If coverage is maintained on a claims-made basis, Contracting Party
shall maintain such coverage for an additional period of three (3) years
following termination of the contract.
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.
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Exhibit E
Page 3 of 6
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:
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
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Exhibit E
Page 4 of 6
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.
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 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.
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Exhibit E
Page 5 of 6
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
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 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 an additional insured
endorsement is required in these specifications applicable to the renewing or
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Exhibit E
Page 6 of 6
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.
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.
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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, and hold
harmless City and any and all of its officials, and employees, (“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 including, damages, court costs,
reasonable 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
provision of this agreement, Contracting Party shall not be required to
indemnify and hold harmless City for liability attributable to the active
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Exhibit F
Page 2 of 3
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 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
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Exhibit F
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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 obligation 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.
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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 Converse Consultants, 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 Materials Testing 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 2
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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, or assigned designee (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, or assigned designee, 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
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the Contract Officer, or assigned designee, 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, or assigned designee’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, or assigned designee. 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
One Hundred Fifty Thousand Dollars ($150,000.00) 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. 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 Earth Systems Pacific, 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 both agreements. 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;
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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.
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, or assigned designee, 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, or assigned designee, 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, or assigned designee. 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, or assigned
designee, 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
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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, or assigned designee.
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, or assigned
designee, in writing of the causes of the delay. The Contract Officer, or
assigned designee, 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, or assigned designee, 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, or
assigned designee, 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 July 1, 2019, and terminate on June 30, 2022 (“Initial Term”). This
Agreement may be extended for two (2) additional year(s) 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) Hashmi Quazi, PhD, PE, GE
Tel No. (760)640-2617
E-mail: hquazi@converseconsultants.com
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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”, otherwise known as
the Bryan McKinney, PE, City Engineer, or assigned designee may be
designated in writing by the City Manager of the City. It shall be Contracting
Party’s responsibility to assure that the Contract Officer, or assigned
designee, 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, or assigned designee. Unless otherwise specified
herein, any approval of City required hereunder shall mean the approval of
the Contract Officer, or assigned designee. The Contract Officer, or
assigned designee, 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,
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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,
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
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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 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, or assigned designee, such reports concerning
Contracting Party’s performance of the Services required by this Agreement
as the Contract Officer, or assigned designee, 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, or assigned
designee, of said fact, circumstance, technique, or event and the estimated
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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, or assigned designee, 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, or assigned designee, 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 assigned designee, 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
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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.
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
assigned designee, 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
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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.
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,
or assigned designee; 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.
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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.
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, or
assigned designee. 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, or assigned designee, thereafter
in accordance with the Schedule of Compensation or such as may be approved
by the Contract Officer, or assigned designee, 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
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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
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, or assigned designee.
Contracting Party agrees to at all times avoid conflicts of interest or the
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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
the performance of this Agreement. Contracting Party shall take affirmative
action to ensure 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: Bryan McKinney, PE
78495 Calle Tampico
La Quinta, California 92253
To Contracting Party:
Hashmi Quazi, PE, GE
Converse Consultants
42-280 Beacon Hill, Suite D-9
Palm Desert, CA 92211
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
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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,
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.
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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]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of
the dates stated below.
CITY OF LA QUINTA,
a California Municipal Corporation
JON MCMILLEN, City Manager
City of La Quinta, California
Dated:
CONTRACTING PARTY:
By:
Name:
Title:
ATTEST:
MONIKA RADEVA, City Clerk
La Quinta, California
By:
Name:
Title:
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
313
Exhibit A
Page 1 of 5 Last revised summer 2017
Exhibit A
Scope of Services
Services to be Provided:
Consultant shall provide equipment, services and products to be rendered in
performing all designated work associated which may include, but is not
limited to, performing the following intermittent observation and testing
services:
• Provide a qualified technician as necessary to conduct density tests on
roadway sub-grade, aggregate base, asphaltic concrete, slope fill and
trench backfill placement as required. The tests will be performed with a
nuclear densometer in accordance with ASTM D2922 or sand cone in
accordance with ASTM D1556. Maximum density curves (ASTM D1557) will
be performed on various material types as they are encountered, including
Marshall density tests on the asphaltic concrete.
• Provide an ACI-certified technician as necessary to make sets of concrete
cylinders as needed and perform slump tests for the curb, gutter, concrete
dip section, foundations, and other minor concrete.
• Provide a Caltrans certified technician and laboratory to perform tests on
federally funded projects.
• Perform compression strength tests in accordance with ASTM C39.
• Perform extraction/gradation tests in accordance with ASTM D2172/C136
on the asphaltic concrete.
• Perform R Value Testing of street subgrade and recommend a pavement
section based on the results of the test.
• Reporting of any Non-Compliance results of materials to the City within
twenty-four (24) hours from the time of sampling.
314
Exhibit A
Page 2 of 5
ADDENDUM TO AGREEMENT
Re: Scope of Services
If the Scope of Services include construction, alteration, demolition,
installation, repair, or maintenance affecting real property or structures or
improvements of any kind appurtenant to real property, the following apply:
1. Prevailing Wage Compliance. If Contracting Party is a contractor
performing public works and maintenance projects, as described in this
Section 1.3, Contracting Party shall comply with applicable Federal, State, and
local laws. Contracting Party is aware of the requirements of California Labor
Code Sections 1720, et seq., and 1770, et seq., as well as California Code of
Regulations, Title 8, Sections 16000, et seq., (collectively, the “Prevailing
Wage Laws”), and La Quinta Municipal Code Section 3.12.040, which require
the payment of prevailing wage rates and the performance of other
requirements on “Public works” and “Maintenance” projects. If the Services
are being performed as part of an applicable “Public works” or “Maintenance”
project, as defined by the Prevailing Wage Laws, and if construction work over
twenty-five thousand dollars ($25,000.00) and/or alterations, demolition,
repair or maintenance work over fifteen thousand dollars ($15,000.00) is
entered into or extended on or after January 1, 2015 by this Agreement,
Contracting Party agrees to fully comply with such Prevailing Wage Laws
including, but not limited to, requirements related to the maintenance of
payroll records and the employment of apprentices. Pursuant to California
Labor Code Section 1725.5, no contractor or subcontractor may be awarded
a contract for public work on a “Public works” project unless registered with
the California Department of Industrial Relations (“DIR”) at the time the
contract is awarded. If the Services are being performed as part of an
applicable “Public works” or “Maintenance” project, as defined by the
Prevailing Wage Laws, this project is subject to compliance monitoring and
enforcement by the DIR. Contracting Party will maintain and will require all
subcontractors to maintain valid and current DIR Public Works contractor
registration during the term of this Agreement. Contracting Party shall notify
City in writing immediately, and in no case more than twenty-four (24) hours,
after receiving any information that Contracting Party’s or any of its
subcontractor’s DIR registration status has been suspended, revoked, expired,
or otherwise changed. It is understood that it is the responsibility of
Contracting Party to determine the correct salary scale. Contracting Party
shall make copies of the prevailing rates of per diem wages for each craft,
classification, or type of worker needed to execute the Services available to
interested parties upon request, and shall post copies at Contracting Party’s
principal place of business and at the project site, if any. The statutory
penalties for failure to pay prevailing wage or to comply with State wage and
hour laws will be enforced. Contracting Party must forfeit to City TWENTY-
315
Exhibit A
Page 3 of 5
FIVE DOLLARS ($25.00) per day for each worker who works in excess of the
minimum working hours when Contracting Party does not pay overtime. In
accordance with the provisions of Labor Code Sections 1810 et seq., eight
(8)hours is the legal working day. Contracting Party also shall comply with
State law requirements to maintain payroll records and shall provide for
certified records and inspection of records as required by California Labor Code
Section 1770 et seq., including Section 1776. In addition to the other
indemnities provided under this Agreement, Contracting Party shall defend
(with counsel selected by City), indemnify, and hold City, its elected officials,
officers, employees, and agents free and harmless from any claim or liability
arising out of any failure or alleged failure to comply with the Prevailing Wage
Laws. It is agreed by the parties that, in connection with performance of the
Services, including, without limitation, any and all “Public works” (as defined
by the Prevailing Wage Laws), Contracting Party shall bear all risks of payment
or non-payment of prevailing wages under California law and/or the
implementation of Labor Code Section 1781, as the same may be amended
from time to time, and/or any other similar law. Contracting Party
acknowledges and agrees that it shall be independently responsible for
reviewing the applicable laws and regulations and effectuating compliance
with such laws. Contracting Party shall require the same of all subcontractors.
2.Retention. Payments shall be made in accordance with the
provisions of Article 2.0 of the Agreement. In accordance with said Sections,
City shall pay Contracting Party a sum based upon ninety-five percent (95%)
of the Contract Sum apportionment of the labor and materials incorporated
into the Services under this Agreement during the month covered by said
invoice. The remaining five percent (5%) thereof shall be retained as
performance security to be paid to Contracting Party within sixty (60) days
after final acceptance of the Services by the City Council of City, after
Contracting Party has furnished City with a full release of all undisputed
payments under this Agreement, if required by City. In the event there are
any claims specifically excluded by Contracting Party from the operation of the
release, City may retain proceeds (per Public Contract Code § 7107) of up to
one hundred fifty percent (150%) of the amount in dispute. City’s failure to
deduct or withhold shall not affect Contracting Party’s obligations under the
Agreement.
3.Utility Relocation. City is responsible for removal, relocation, or
protection of existing main or trunk-line utilities to the extent such utilities
were not identified in the invitation for bids or specifications. City shall
reimburse Contracting Party for any costs incurred in locating, repairing
damage not caused by Contracting Party, and removing or relocating such
unidentified utility facilities. Contracting Party shall not be assessed liquidated
316
Exhibit A
Page 4 of 5
damages for delay arising from the removal or relocation of such unidentified
utility facilities.
4. Trenches or Excavations. Pursuant to California Public Contract
Code Section 7104, in the event the work included in this Agreement requires
excavations more than four (4) feet in depth, the following shall apply:
(a) Contracting Party shall promptly, and before the following
conditions are disturbed, notify City, in writing, of any: (1) material that
Contracting Party believes may be material that is hazardous waste, as
defined in Section 25117 of the Health and Safety Code, that is required to be
removed to a Class I, Class II, or Class III disposal site in accordance with
provisions of existing law; (2) subsurface or latent physical conditions at the
site different from those indicated by information about the site made
available to bidders prior to the deadline for submitting bids; or (3) unknown
physical conditions at the site of any unusual nature, different materially from
those ordinarily encountered and generally recognized as inherent in work of
the character provided for in the Agreement.
(b) City shall promptly investigate the conditions, and if it finds
that the conditions do materially so differ, or do involve hazardous waste, and
cause a decrease or increase in Contracting Party’s cost of, or the time
required for, performance of any part of the work shall issue a change order
per Section 1.8 of the Agreement.
(c) in the event that a dispute arises between City and
Contracting Party whether the conditions materially differ, or involve
hazardous waste, or cause a decrease or increase in Contracting Party’s cost
of, or time required for, performance of any part of the work, Contracting
Party shall not be excused from any scheduled completion date provided for
by this Agreement, but shall proceed with all work to be performed under this
Agreement. Contracting Party shall retain any and all rights provided either
by contract or by law which pertain to the resolution of disputes and protests
between the contracting Parties.
5. Safety. Contracting Party shall execute and maintain its work so
as to avoid injury or damage to any person or property. In carrying out the
Services, Contracting Party shall at all times be in compliance with all
applicable local, state, and federal laws, rules and regulations, and shall
exercise all necessary precautions for the safety of employees appropriate to
the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be
limited to: (A) adequate life protection and lifesaving equipment and
procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders,
317
Exhibit A
Page 5 of 5
bridges, gang planks, confined space procedures, trenching and shoring,
equipment and other safety devices, equipment and wearing apparel as are
necessary or lawfully required to prevent accidents or injuries; and
(C) adequate facilities for the proper inspection and maintenance of all safety
measures.
6. Liquidated Damages. Since the determination of actual damages
for any delay in performance of the Agreement would be extremely difficult or
impractical to determine in the event of a breach of this Agreement,
Contracting Party shall be liable for and shall pay to City the sum of One
Thousand dollars ($1,000.00) as liquidated damages for each working day of
delay in the performance of any of the Services required hereunder, as
specified in the Schedule of Performance. In addition, liquidated damages
may be assessed for failure to comply with the emergency call out
requirements, if any, described in the Scope of Services. City may withhold
from any moneys payable on account of the Services performed by
Contracting Party any accrued liquidated damages.
318
Exhibit B
Page 1 of 11
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 not to exceed One Hundred Fifty
Thousand Dollars ($150,000.00) 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 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: $150,000.00
“Not to exceed” Year 2: $150,000.00
“Not to exceed” Year 3: $150,000.00
Possible Extended Term:
“Not to exceed” Year 4: $150,000.00
“Not to exceed” Year 5: $150,000.00
Note: Reimbursables will not be paid unless pre-approved
Profit margin maximum is 15%
319
Exhibit B
Page 2 of 11
Rate Schedule:
320
Exhibit B
Page 3 of 11 321
Exhibit B
Page 4 of 11 322
CONVERSE CONSULTANTS
STATEMENT OF DIRECT LABOR, FRINGE
BENEFITS, AND GENERAL OVERHEAD
DECEMBER 29, 2017
Exhibit B
Page 5 of 11 323
HKG� Certified Public Accountants
INDEPENDENT AUDITORS' REPORT ON THE STATEMENT OF DIRECT LABOR, FRINGE
BENEFITS, AND GENERAL OVERHEAD
Board of Directors
Converse Consultants
Monrovia, California
We have audited the statement of Direct Labor , Fringe Benefits, and General Overhead (hereinafter
referred to as "the Schedule") for the fiscal year ended December 29, 2017, for Converse Consultants
(the "Company").
Management's Responsibility for the Schedule
Management is responsible for the preparation and fair presentation of the Schedule in accordance with a
basis of accounting practices prescribed by Part 31 of the Federal Acquisition Regulation (FAR) and is
not intended to be a presentation in conformity with generally accepted accounting pr inciples.
Management is also responsible for the design, implementation, and maintenance of internal control
relevant to the preparation and fair presentation of the Schedule to be free from material misstatement,
whether due to fraud or error.
Auditors' Responsibility
Our responsibility is to express an opinion on the Schedule based on our audit. We conducted our audit in
accordance with auditing standards generally accepted in the United States of America and the standards
applicable to the financial audits contained in the Government Auditing Standards issued by the
Comptroller General of the United States of America. Those standards require that we plan and perform
the audit to obtain reasonable assurance about whether the Schedule is free of material misstatement.
An audit involves performing procedures to obtain audit evidence about the amounts and information in
the Schedule. The procedures selected depend on the auditor's judgment, including the assessment of
the risks of material misstatement of the Schedule, whether due to fraud or error. In making those risk
assessments, the auditor considers internal control relevant to the entity's preparation and fair
presentation of the Schedule in order to design audit procedures that are appropriate in the
circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's
internal control. Accordingly, we express no such opinion. An audit also includes evaluating the
appropriateness of accounting policies used and the reasonableness of significant accounting estimates
made by management, as well as evaluating the overall presentation of the Schedule.
We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for
our audit opinion.
Opinion
In our opinion, the Schedule referred to above presents fairly, in all material respects, the direct labor,
fringe benefits, and general overhead of the Company for the fiscal year ended December 29, 2017, on
the basis of accounting described in Note 1.
I 00 W. Walnut Street, Seventh Floor I Pasadena, CA 91 I 24 I Phone: (626) 585-0666 I Fax: (626) 304-1035 Exhibit B
Page 6 of 11 324
Other Matter
INDEPENDENT AUDITORS' REPORT
(continued)
In accordance with the Government Auditing Standards we have issued a report dated July 26, 2018, on
our consideration of the Company's internal controls and its compliance with laws and regulations. This
report is intended solely for the use and information of the Company and government agencies or other
customers related to contracts em ploying the cost principles of the Federal Acquisition Regulation and
should not be used for any other purpose.
Restriction on Use
Our report is intended solely for the information and use of the Company and government agencies or
other customers related to contracts employing the cost principles of the Federal Acquisition Regulation,
and is not intended to be and should not be used by anyone-other than these specific parties.
Pasadena, California
July 26, 2018
rfh§,LlY
HKG, LLP
Certified Public Accountants
Exhibit B
Page 7 of 11 325
CONVERSE CONSULTANTS
STATEMENT OF DIRECT LABOR, FRINGE BENEFITS, AND GENERAL OVERHEAD
FOR THE FISCAL YEAR ENDED DECEMBER 29, 2017
Unallowable Costs, Net of
Description Total Costs Cost Eliminations Eliminations
Direct Labor $ 2,818,323 $ $ 2,818,323
Fringe Benefits
Payroll taxes $ 342,318 $ $ 342,318
Group health insurance 339,242 339,242
Worker's compensation 62,528 62,528
Unemployment insurance 85,956 85,956
Disability insurance 15,693 15,693
Pension plans 76,985 76,985
Paid leave -sick 9,727 9,727
Paid leave -holidays 86,170 86,170
Paid leave -vacations 238,375 238,375
Total Fringe Benefits $ 1,256,994 $ $ 1,256,994
General Overhead
Auto and truck $ 155,339 $ $ 155,339
Bad debt 7,836 7,836
Business insurance 104,114 104,114
Communication 143,499 143,499
Contingent liability 51,718 51,718
Data processing 59,907 59,907
Depreciation 57,277 57,277
External relations 62,404 19,107 43,297
Interest 96,806 96,806
Laboratory/Field expenses 169,580 169,580
Library 9,199 9,199
Miscellaneous 20,860 20,860
Non-project labor 1,750,574 1,750,574
Occupancy 674,991 674,991
Personnel relations 64,255 64,255
Professional fees 94,980 94,980
Professional liability insurance 198,512 198,512
Reproduction/Photo 46,453 46,453
Supplies/Non-capital 42,654 42,654
Travel and subsistence 12,318 12,318
Total General Overhead $ 3,823,276 $ 175,467 $ 3,647,809
Total Indirect Costs $ 5,080,270 $ 175,467 $ 4,904,803
Total Expenses $ 7,898,593 $ 175,467 $ 7,723,126
Direct Labor $ 2,818,323 $ 2,818,323
Total Indirect Costs as a % of
Direct Labor 180.26% 174.03%
See independent auditors' report.
The accompanying notes are an integral part of this schedule.
Comments
1.
2.
3.
4.
Exhibit B
Page 8 of 11 326
CONVERSE CONSULTANTS
COMMENTS ON SCHEDULE OF IND IRECT COSTS
FOR THE FISCAL YEAR ENDED DECEMBER 29, 2017
1.Bad debt
2.Contingencies
3.External relations
4.Interest
FAR Reference
31.205-3
31.205-7
31.205-14
31.205-20
Exhibit B
Page 9 of 11 327
CONVERSE CONSULT ANTS
NOTES TO THE STATEMENT OF DIRECT LABOR, FRINGE BENEFITS, AND GENERAL
OVERHEAD
FOR THE FISCAL YEAR ENDED DECEMBER 29, 2017
1.SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
Nature of Operations
Converse Consultants (the Company) provides geotechnical and environmental engineering
consulting and materials testing chiefly throughout the United States on credit terms that the Company
establishes for its clients.
Basis of Accounting
In preparing the statement of direct labor, fringe benefits, and general overhead, the Company
performed an analysis of the accounting and financial records to ensure that this schedule is prepared
in accordance with Part 31 of the Federal Acquisition Regulation (FAR). Accordingly, the above
mentioned schedule is not intended to present the results of operations of the Company in conformity
with accounting principles generally accepted in the United States of America (US GAAP).
Fiscal Year
The Company operates on a 52/53 week fiscal year basis, with the fiscal year ending on the last
Friday of December. The fiscal year ended December 29, 2017, contained 52 weeks.
Description of Accounting Systems
The Company maintains a job order cost accounting system for the recording and accumulation of
costs incurred under its contracts. Each project is assigned a job number so that costs may be
segregated and accumulated in the Company's job order cost accounting system.
Overhead Rate Structure
The Company maintains all overhead costs in one cost pool and allocates them on the single base of
direct labor. The overhead cost pool includes indirect labor, fringe benefits and general and
administrative expenses of the Company.
Direct Labor
Direct labor is charged to specific projects based on actual time incurred and actual pay rates.
Pension Plans
The Company has a Capital Accumulation and Profit Sharing 401 (k) plan, meeting the requirements
of FAR 31.205-60. The plan provides for the employer to match 50% of the first 4% of compensation
contributed to the plan by the employees if the company demonstrates annual net profit of at least
$500,000, or 25% of the first 4% if the Company demonstrates annual net profit of at least $250,000
and less than $500,000. If the Company demonstrates annual net profit of less than $250,000 there is
no employer matching contribution. The contribution for the fiscal year ended December 29, 2017 was
$76,985.
Exhibit B
Page 10 of 11 328
CONVERSE CONSULTANTS
NOTES TO THE STATEMENT OF DIRECT LABOR, FRINGE BENEFITS, AND GENERAL
OVERHEAD
FOR THE FISCAL YEAR ENDED DECEMBER 29, 2017
2.FEDERAL ACQUISITION REGULATIONS ELIMINATIONS
Bad Debt
The statement of direct labor, fringe benefits, and general overhead includes eliminations of $7,836 in
total for bad debt expense, which is disallowed pursuant to FAR section 31.205-3.
Contingent Liability
The statement of direct labor, fringe benefits, and general overhead includes eliminations of $51,718
in total for contingent liability, which is disallowed pursuant to FAR section 31.205-7.
External Relations
The statement of direct labor, fringe benefits, and general overhead includes an elimination of
$19,107 for certain entertainment expenses, which are disallowed pursuant to FAR section 31.205-14.
Interest
The statement of direct labor, fringe benefits, and general overhead includes eliminations of $96,806
in total for interest expense, which is disallowed pursuant to FAR section 31.205-20.
3.SUBSEQUENT EVENTS
The Company's management has evaluated subsequent events through July 26, 2018, the date the
financial statements were available to be issued.
Exhibit B
Page 11 of 11 329
Exhibit C
Schedule of Performance
Contracting Party shall complete services identified in the Scope of
Services, Exhibit A of this Agreement, as requested by City within the time
allowed by the total contract sum.
330
Exhibit D
Page 1 of 1
Exhibit D
Special Requirements
None
331
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)
$2,000,000 (per occurrence)
$4,000,000 (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 with 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.
332
Exhibit E
Page 2 of 6
Contracting Party shall carry automobile liability insurance of
$2,000,000 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.
If coverage is maintained on a claims-made basis, Contracting Party
shall maintain such coverage for an additional period of three (3) years
following termination of the contract.
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.
333
Exhibit E
Page 3 of 6
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:
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
334
Exhibit E
Page 4 of 6
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.
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 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.
335
Exhibit E
Page 5 of 6
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
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 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 an additional insured
endorsement is required in these specifications applicable to the renewing or
336
Exhibit E
Page 6 of 6
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.
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.
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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
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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 provisions
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Exhibit F
Page 3 of 3
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 obligation 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.
340
City of La Quinta
CITY COUNCIL MEETING: July 2, 2019
STAFF REPORT
AGENDA TITLE: REAFFIRM LEASES AND APPROVE ANNUAL PRINTING
COSTS ASSOCIATED WITH COPIER LEASES
RECOMMENDATION
Reaffirm leases and approve annual printing service costs associated with
eleven copiers leased through Canon Financial Services.
EXECUTIVE SUMMARY
The City has eleven copier leases with Canon Financial Services, which
include printing, toner, and on-call maintenance services.
The Purchasing Policy requires City Council approval for all expenses
over $50,000 per fiscal year per vendor.
This approval does not add services or amend the current terms of
existing copier leases.
FISCAL IMPACT
Annual expenses for eleven copier leases and printing services are estimated
at $70,364 to $90,364 per fiscal year until December 31, 2024. The 2019/20
Information Technology Fund budget includes funds for this fiscal year. Future
costs will be budgeted in subsequent fiscal years.
BACKGROUND
The City has eleven commercial copier leases with Canon Financial Services.
The two leases (Attachment 1) were not presented to Council for approval
because the total costs were under $50,000 at $38,006. The leases for the
nine other copiers (Attachment 2) were approved by Council on July 3, 2018,
however, the printing charges were not estimated, and the initial two copier
leases were not disclosed with this approval. Per the City’s Purchasing Policy
combined purchases cannot exceed $50,000 per vendor, per fiscal year
without Council approval. Staff is presenting this report to fully disclose the
anticipated annual cost for copier leases and printing costs provided by Canon
Financial Services.
Leases were each executed for multiple years with termination dates in 2021
and 2024. Copiers are strategically located in City facilities (City Hall and
Wellness Center).
CONSENT CALENDAR ITEM NO. 11
341
A summary of costs associated with these leases is as follows:
Term of Contract Estimated Annual Cost
Two Copiers –
Administrative Fees
From 8/20/16 to 7/20/21
From 7/20/17 to 7/20/21
$8,836
Nine Copiers –
Administrative Fees
From 12/31/19 to 12/31/24 $21,528
Printing Costs Mirror lease terms for printers $40,000 - $60,000
TOTAL ANNUAL COSTS $70,364 - $90,364
Estimated Costs Per Fiscal Year
2019/20 2020/21 2021/22 2022/23 2023/24 TOTAL
$70,364 to
$90,364
$70,364 to
$90,364
$61,528 to
$81,528
$61,528 to
$81,528
$61,528 to
$81,528
$325,312 to
$425,312
Printing charges are a rate of $0.0106 or $.007 for black and white and $0.078
or $.047 for color depending on the copier model and size of paper. Printing
charges include the cost of toner and on call maintenance. Paper is purchased
separately by the City and is currently budgeted at $15,000 for the fiscal year.
Canon continues to provide products and services required for daily
operations, therefore, new leases or lease terms are not recommended.
ALTERNATIVES
No alternatives are recommended.
Prepared by: Karla Romero, Finance Director
Approved by: Jon McMillen, City Manager
Attachments: 1. Initial Canon Municipal Finance Agreement
2. Addendum to Canon USA., Inc. Leases
342
ATTACHMENT 1
343
344
345
346
347
348
349
350
ATTACHMENT 2
351
352
353
354
355
356
357
358
359
360
361
362
363
NASPO CALIFORNIA SAMPLE PURCHASE ORDER AND INSTRUCTIONSPURCHASE ORDER NUMBER: ___________________760 777-7085760 777-7085Canon Financial Services14904 Collection Center DriveChicago, IL 60693QTYTOTAL8976.328151.52883.528125.281Canon IRA C7565i231.42139.17111.10131.321649.65Incitem #DESCRIPTIONUNIT PRICE ( or MONTHLY PMT)0605 003BB Canon iRA IRC5535i122.040609C002AA Cassette Feeding Unit AM118.940166C002AA G3 Fax Board AS110.440615C002AA15.661191C002AAInner Finisher H1231.42AUTHORIZED SIGNATUREREMIT TO:CUSTOMER BILL TO: City of La Quinta78-495 Calle TampicoLaQuinta, CA 922530124C003AA Fin V239.172895B002AA 2/3 Hole Puncher11.100162C002AAZero Base Service planSUBTOTALSALES TAXSHIPPING AND HANDLINGTOTALREMARKS/SPECIAL INSTRUCTIONS: NASPO ValuePoint 3091 CA 7-15-70-23; 60 month Capital Lease ($1 out) VENDOR:Canon Financial ServicesInnovative Document Solutions (T36E)158 Gaither Drive, Suite 200Mt. Laurel, NJ 0805431.32BW @ .007 ea. & COLOR @ .047 ea.Paper deck unit E-1Contract pricing iRC5535i units at: BW @ .0106 ea. & COLOR @ .078 ea.Contract pricing iRC7565i unit at: City of La QuintaLisa Chaudhry78-495 Calle TampicoLa Quinta, CA 92253PURCHASE ORDER REQUESTDATE: ___________________ 364
City of La Quinta
CITY COUNCIL MEETING: July 2, 2019
STAFF REPORT
AGENDA TITLE: APPROVE MEMORANDUM OF UNDERSTANDING WITH
GREATER COACHELLA VALLEY CHAMBER OF COMMERCE
RECOMMENDATION
Approve a Memorandum of Understanding with the Greater Coachella Valley
Chamber of Commerce; and authorize the City Manager to execute it.
EXECUTIVE SUMMARY
The City has had annual services agreements with the La Quinta
Chamber of Commerce or the Greater Coachella Valley Chamber of
Commerce (Chamber) since 1991 to support business development,
retention, and tourism.
Per the proposed Memorandum of Understanding (MOU), the City would
fund event sponsorship, and an exclusive content section in the Gem.
FISCAL IMPACT
The 2019/20 Budget allocates $100,250 for Chamber services in the
Marketing & Tourism account (101-3007-60461). This includes:
The Gem magazine $ 86,750
State of the City $ 8,500
Hot Rod & Custom Car Show sponsorship $ 5,000
Dinner Under the Glow (NEW)$ 0
This is a $14,750 decrease over the 2018/19 contract.
BACKGROUND/ANALYSIS
The MOU would be managed by the City Manager’s Office. The scope of work
includes:
Continue and enhance The Gem, a print publication distributed to
approximately 23,000 residences and businesses in La Quinta
o Six full City pages per month, 72 pages per year
BUSINESS SESSION ITEM NO. 1
365
o Digital distribution in social media and email blasts
State of the City
o Presentation by Mayor and Council of City progress and on-going
development efforts
o Awards presented to local businesses as determined by a process
agreed to by both parties
Hot Rod & Custom Car Show Sponsorship
o Chamber would manage exhibitors, security, the beer garden,
food vendors, entertainment and licensing
Dinner Under the Glow
o City would offer SilverRock event site to Chamber as part of
sponsorship
o Chamber would execute all other aspects of event
ALTERNATIVES
Council may choose to make modifications to the scope and/or funding levels.
Prepared by: Marcie Graham, Marketing Manager
Approved by: Jon McMillen, City Manager
Attachment: 1. Memorandum of Understanding
366
Page 1 of 7
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF LA QUINTA AND
GREATER COACHELLA VALLEY CHAMBER OF COMMERCE
This Memorandum of Understanding (“MOU”) is made by and between the
CITY OF LA QUINTA, a California municipal corporation (“CITY”), and GREATER
COACHELLA VALLEY CHAMBER OF COMMERCE (“CHAMBER” and, along with CITY,
sometimes referred to as the “parties”), with respect to the following:
RECITALS
WHEREAS, the CITY, in strategically advancing its interests, requires
certain professional promotional services rendered in coordination with the
local business community; and
WHEREAS, the CHAMBER is qualified by virtue of experience, training,
education, product offering, and expertise to provide these services, and has agreed
to provide same as reflected herein;
NOW, THEREFORE, CITY and CHAMBER agree to the following:
1.0 TERM OF MEMORANDUM.
1.1 All Recitals set out above are true and correct.
1.2 This MOU is to remain in effect for 1 (one) year following its execution
by the parties to this MOU. This MOU may be terminated at any time by any of
the parties to the MOU with a 30 (thirty) day written notice to the remaining
party.
2.0 OBLIGATIONS OF THE CHAMBER.
2.1 The CHAMBER will provide the services listed on Exhibit A attached
and incorporated (“CHAMBER obligations”).
2.2. Notwithstanding any other provisions in this MOU, the CHAMBER shall
not use, nor may the CHAMBER authorize the use of, any funds or other
subsidy (of whatever kind) provided by the CITY pursuant to this MOU or any
other agreement with the CITY, including but not limited to any funds or other
subsidies provided by the CITY for the “CHAMBER obligations” listed in Exhibits
A and “CITY obligations” listed in Exhibit B, to advocate to any person or
entity (of whatever organization whatsoever, including but not limited to, sole
proprietors, unincorporated associations, limited liability companies,
corporations, businesses and public agencies) a position or vote either in favor of
ATTACHMENT 1
367
Page 2 of 7
or against any measure placed on the ballot for the November 8, 2020 General
Election, including but not limited to the measure placed on the ballot by the La
Quinta City Council asking the City’s electorate to vote on a proposed 1%
transactions and use (“sales”) tax rate increase. It is expressly understood and
agreed by the CHAMBER that, pursuant to California law, public resources may not
be used to advocate or “mount a campaign” in favor of or against any ballot
measure.
2.3 If the CHAMBER uses or is alleged to have used, or authorizes the use of or
allegedly authorizes the use of, any funds or any other subsidy (of whatever kind)
provided by the CITY in violation of Section 2.2 above, the CHAMBER shall: (a)
Immediately cease and desist from continuing the violation or alleged
violation of Section 2.2 above, (b) Immediately use other funds or subsidies
that are not provided by the CITY to pay for or otherwise subsidize the services
rendered that are, were, or alleged to have been in violation of Section 2.2
above, (c) Immediately, without reservation or rights or delay, return to the
CITY any and all funds and other subsidies provided by the CITY for the services
rendered that are, were, or alleged to have been in violation of Section 2.2
above, and (d) Refrain from performing under this MOU, including but not
limited to refraining from performing the “CHAMBER obligations” listed in
Exhibits A, unless and until the CHAMBER complies with this Section 2.3 and the
CITY authorizes in writing the continuance of performance under this MOU.
The CITY shall have no obligation to provide any funds or other subsidies (of
whatever kind) under this MOU or any other agreement with the CITY unless
and until any violation or alleged violation of Section 2.2 above has been cured as
determined by the CITY in its reasonable discretion. The CITY shall have all rights
and remedies available at law or in equity, including but not limited to
declaratory and injunctive relief, as well as the rights available under this
MOU, including but not limited to the indemnity provided in Section 4.0
below, to enforce the provisions herein. In addition to the other provisions in
this MOU, this Section and Section 2.2 shall survive the termination or
expiration of this MOU.
3.0 OBLIGATIONS OF CITY. CITY will provide the services listed on Exhibit
B attached and incorporated (“CITY obligations”).
4.0 MUTUAL INDEMNITY AND RELEASE. The CITY and CHAMBER each hereby
agree to indemnify, defend, and hold harmless the other party and its officers,
employees, agents, and authorized volunteers (collectively, “Indemnitees”)
from and against any and all claims, causes of action, obligations, losses,
liabilities, judgments, or damages, including reasonable attorneys’ fees and costs
of litigation (collectively “Claims”) arising out of and/or in any way relating to
the indemnifying party’s activities in the performance of this MOU, or to the
indemnifying party’s acts and/or omissions in providing or administering the
same, excepting only those Claims arising out of the sole negligence or willful
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Page 3 of 7
misconduct of the Indemnitees. This MOU is not intended to and specifically
does not create joint and several liability.
5.0 INSURANCE. The parties agree to provide insurance in accordance with
the provisions of this Section.
5.1 CITY’S Insurance Obligation. Without limiting the indemnification
provisions provided herein, CITY, at its sole expense, shall obtain and keep in
force during the term of this MOU and any extensions thereof, a policy or policies
of general liability insurance, or equivalent thereof, covering all injuries to
persons and damage to property resulting from any actions or omissions of the
CITY in accordance with the terms of this MOU. Such policy or policies shall be
issued by an insurance company licensed to do business in the State of
California and be rated A-/VIII or better by ambest.com. At the CITY’s option,
CITY shall be allowed to self-insure the insurance coverage as required above.
5.2 CHAMBER’S Insurance Obligation. Without limiting the indemnification
provisions provided herein, CHAMBER, at its sole expense, shall obtain and keep
in force during the term of this MOU and any extensions thereof, a policy or
policies of general liability insurance covering all injuries to persons and damage
to property resulting from any actions or omissions of CHAMBER in accordance
with the terms of this MOU. The policy or policies evidencing such insurance shall
be endorsed to name the CITY, its officials, officers, employees, and agents as
additional insured, shall provide that same may not be cancelled or amended
without thirty (30) days prior notice to CITY, and shall provide for a combined
single limit coverage of bodily injury and property damage in the amount of not
less than One Million Dollars ($1,000,000). Such policy or policies shall be
issued by an insurance company licensed to do business in the State of
California and be rated A-/VIII or better by ambest.com. Prior to the
Commencement Date of this MOU, and upon renewal of such policies, CHAMBER
shall submit to CITY certificates of insurance and any applicable endorsements
evidencing that the foregoing policy or policies are in effect.
6.0 ADDITIONAL PROVISIONS.
6.1 In all cases, the language in all parts of this MOU shall be construed
according to its fair meaning and not strictly for or against either party, if
being agreed that the parties or their agents have all participated in the
preparation of this MOU.
6.2 This MOU contains the entire agreement of the parties with respect to
the subject matters identified in this MOU and supersedes any prior oral or
written statements or agreements between the parties with respect to the
subject matters identified in this MOU.
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Page 4 of 7
6.3 No termination or expiration of this MOU shall release either party
from any liability or obligation hereunder resulting from any acts, omissions or
events happening prior to the termination or expiration of this MOU.
6.4 In the event either party brings any suit or other proceeding with respect
to the subject matter or enforcement of this MOU, the prevailing party (as
determined by California law) shall, in addition to such other relief as may be
awarded, be entitled to recover reasonable attorneys’ fees, expenses and costs
of suit or investigation as actually incurred (including, without limitation,
reasonable attorneys’ fees, expenses, and costs incurred in establishing the
right to indemnification).
6.5 No waiver of any term or condition of this MOU shall be a continuing waiver
thereof.
6.6 This MOU is not intended to and does not create any partnership or joint
venture between the parties, and each party remains an independent contractor
as to the other. Each party shall bear its own liability and there is no joint and
several liability as a result of this MOU.
[signature on following
page]
370
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IN WITNESS WHEREOF, CITY and CHAMBER have executed this MOU as
evidenced by the signatures contained below:
CITY OF LA QUINTA: GREATER COACHELLA VALLEY
CHAMBER OF COMMERCE:
By: By:
Joshua Bonner Jon McMillen
City Manager President
Dated: Dated:
ATTEST: ATTEST:
By: By:
Monika Radeva
City Clerk
Print Name & Title:
APPROVED AS TO FORM: APPROVED AS TO FORM
AND CONTENT:
By: By:
William H. Ihrke Print Name & Title:
City Attorney
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Page 6 of 7
EXHIBIT “A”
Obligations of CHAMBER
1.The Gem Newsletter
a.Community Newsletter with circulation by mail of approximately
23,000 residences and businesses within La Quinta with a monthly
frequency and includes digital format and distribution (i.e. email
blasts, social media)
b.City reserves the option to purchase ad space with exclusive pricing
that includes:
i.Six (6) full pages of content, twelve (12) months
ii.Layout and design for all content
Total Cost: $86,750
2.State of the City
a.Presentation by Mayor and Council of city progress and on-going
development efforts.
b.Mayor and Council will also present business awards as
determined by a process agreed to by both parties.
c.CHAMBER would stage this annual event; city staff would design
and approve format and content
Total Cost: $8,500
3.13th Annual Hot Rod & Custom Car Show Sponsorship
a.Community Event: annual car show (held the day before Super
Bowl) at La Quinta Community Park.
i.Projected event parameters include:
a.80-150 vehicle entries;
b.8-25 food/retail vendors and alcohol sales;
c.Live entertainment during the event; and
d.La Quinta auto dealership inclusion.
b.City Title Sponsorship, which includes: event materials branding
(both print and digital), press release inclusion, and drive market
promotion (in San Diego and Orange Counties)
Total Cost: $5,000
4.Dinner Under the Glow
a.Community Event: hot air balloon event with dinner at SilverRock
event site.
b.City Sponsorship, which includes event materials branding (both print
and digital), press release inclusion, and drive market promotion (in
San Diego and Orange Counties)
Total Cost: $0
Grand Total: $100,250
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CHAMBER shall submit monthly invoices to CITY. Such invoices shall be
reviewed by a principal member of CHAMBER specifying that the payment
requested is for work performed in accordance with the terms of this MOU.
CITY will pay CHAMBER for all expenses stated thereon which are approved
by CITY and in accordance with this MOU no later than thirty (30) days after
invoices are received by the CITY.
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EXHIBIT “B”
Obligations of CITY:
All services listed herein shall be provided in-kind only, and no additional fees or
charges have been agreed upon or associated with these services.
1. The Gem newsletter
a. Select twelve (12) months where CITY information will be featured
b. Provide content and articles for six (6) pages at the sole discretion of
the CITY
c. Add monthly Gem newsletter links to municipal website
(www.laquintaca.gov) and tourism website
(www.playinlaquinta.com)
2. State of the City
a. City would provide and design concept and theme of program
b. City would promote and market event on social media platforms
as well as municipal website (www.laquintaca.gov) and tourism
website (www.playinlaquinta.com)
3. 13th Annual Hot Rod & Custom Car Show
a. Provide printed marketing collateral
b. Provide promotion as a calendar item on the municipal website
(www.laquintaca.gov), and as a calendar item on the tourism
website (www.playinlaquinta.com), and will “share” the event on
Facebook and Twitter
c. Provide use of the mobile stage (including): delivery within La
Quinta city limits, setup, striking, and removal
4. Dinner Under the Glow
a. Provide SilverRock event site as location for event
b. Provide promotion on the municipal website
(www.laquintaca.gov), and as a calendar item on the tourism
website (www.playinlaquinta.com), and will “share” the event on
Facebook and Twitter
375
376
City of La Quinta
CITY COUNCIL MEETING: July 2, 2019
STAFF REPORT
AGENDA TITLE: APPROVE CONTRACT SERVICES AGREEMENT WITH JNS
NEXT FOR DIGITAL MARKETING AND PUBLIC RELATIONS SERVICES
RECOMMENDATION
Approve a three-year Contract Services Agreement with JNS Next for digital
marketing and public relations services in the amount of $500,000; authorize
the City Manager to execute the agreement.
EXECUTIVE SUMMARY
•JNS Next (JNS) was re-approved as the City’s agency of record in 2017.
•The 2019/20 proposed marketing services performed by JNS would
include digital advertising and public relations services.
•The proposed Contract Services Agreement (Agreement) is for a not-to-
exceed $500,000 over a three-year term.
FISCAL IMPACT
BACKGROUND/ANALYSIS
In June 2017, Council re-approved a contract with JNS to augment staff
resources for traditional and digital mediums, as well as graphic design; in
April 2019, staff assumed management of all print, television, radio, graphic
design and social media.
Under this Agreement, JNS will continue to manage all digital marketing
through search engine optimization, pay per click, and mobile and display
advertising buys, as well as public relations with extended press placement.
Upon Council approval, the term of this Agreement will expire on June 30,
2022. The City reserves the right to terminate the Agreement at any time
with a 30-day written notice.
BUSINESS SESSION ITEM NO. 2
377
Annual expenses for JNS are estimated at a base cost of $103,500 per fiscal
year. The total cost for the three-year contract term would not exceed
$500,000. The 2019/20 Marketing and Tourism Promotions
(101-300-76461) includes funds for this year. Future costs would be
budgeted in subsequent fiscal years.
ALTERNATIVES:
Council may elect to deny approval of this Agreement or make modifications.
Prepared by: Marcie Graham, Marketing Manager
Approved by: Jon McMillen, City Manager
378
Attachment: 1. Agreement with JNS Next
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 JNS Next, California limited liability
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
marketing and media buying 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
ATTACHMENT 1
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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, or assigned designee (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, or assigned designee,
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
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performing the Services) from the Contract Officer, or assigned designee,
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,
or assigned designee’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, or assigned
designee. 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 Five Hundred Thousand Dollars ($500,000.00) (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
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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 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, or assigned designee, 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, or assigned designee,
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, or assigned
designee. 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, or assigned designee, 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, or assigned designee.
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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, or assigned
designee, in writing of the causes of the delay. The Contract Officer, or
assigned designee, 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, or assigned designee, 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, or assigned designee, 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 July 1, 2019, and terminate on June 30, 2022 (“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) Garry Sage, President & Founder
Tel No. 760.775.0000
E-mail: gsage@jnsnext.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.
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4.2 Contract Officer. The “Contract Officer”, otherwise known as
the Marketing Manager or assigned designee may be designated in
writing by the City Manager of the City. It shall be Contracting Party’s
responsibility to assure that the Contract Officer, or assigned designee, 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, or assigned designee. Unless otherwise specified herein,
any approval of City required hereunder shall mean the approval of the
Contract Officer, or assigned designee. The Contract Officer, or assigned
designee, 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
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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.
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.
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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, or assigned designee, such reports concerning
Contracting Party’s performance of the Services required by this Agreement
as the Contract Officer, or assigned designee, 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, or
assigned designee, 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
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be necessary to perform the Services required by this Agreement and enable
the Contract Officer, or assigned designee, 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, or assigned designee, 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 assigned designee, 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
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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, 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 assigned designee, 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
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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, or assigned designee; 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
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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, or assigned designee. 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, or
assigned designee, thereafter in accordance with the Schedule of
Compensation or such as may be approved by the Contract Officer, or
assigned designee, 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.
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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 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, or assigned designee.
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
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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 ensure 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: Jon McMillen
78495 Calle Tampico
La Quinta, California 92253
To Contracting Party:
JNS NEXT
Garry Sage
78080 Calle Estado, # 201
La Quinta, CA 92253
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.
392
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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
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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]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of
the dates stated below.
CITY OF LA QUINTA,
a California Municipal Corporation
JON MCMILLEN, City Manager
City of La Quinta, California
Dated:
CONTRACTING PARTY:
By:
Name:
Title:
ATTEST:
MONIKA RADEVA, City Clerk
La Quinta, California
By:
Name:
Title:
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
395
Exhibit A
Page 1 of 5 Last revised summer 2017
Exhibit A
Scope of Services
396
Exhibit A
Page 2 of 5
ADDENDUM TO AGREEMENT
Re: Scope of Services
If the Scope of Services include construction, alteration, demolition,
installation, repair, or maintenance affecting real property or structures or
improvements of any kind appurtenant to real property, the following apply:
1. Prevailing Wage Compliance. If Contracting Party is a contractor
performing public works and maintenance projects, as described in this
Section 1.3, Contracting Party shall comply with applicable Federal, State,
and local laws. Contracting Party is aware of the requirements of California
Labor Code Sections 1720, et seq., and 1770, et seq., as well as California
Code of Regulations, Title 8, Sections 16000, et seq., (collectively, the
“Prevailing Wage Laws”), and La Quinta Municipal Code Section 3.12.040,
which require the payment of prevailing wage rates and the performance of
other requirements on “Public works” and “Maintenance” projects. If the
Services are being performed as part of an applicable “Public works” or
“Maintenance” project, as defined by the Prevailing Wage Laws, and if
construction work over twenty-five thousand dollars ($25,000.00) and/or
alterations, demolition, repair or maintenance work over fifteen thousand
dollars ($15,000.00) is entered into or extended on or after January 1, 2015
by this Agreement, Contracting Party agrees to fully comply with such
Prevailing Wage Laws including, but not limited to, requirements related to
the maintenance of payroll records and the employment of apprentices.
Pursuant to California Labor Code Section 1725.5, no contractor or
subcontractor may be awarded a contract for public work on a “Public works”
project unless registered with the California Department of Industrial
Relations (“DIR”) at the time the contract is awarded. If the Services are
being performed as part of an applicable “Public works” or “Maintenance”
project, as defined by the Prevailing Wage Laws, this project is subject to
compliance monitoring and enforcement by the DIR. Contracting Party will
maintain and will require all subcontractors to maintain valid and current
DIR Public Works contractor registration during the term of this Agreement.
Contracting Party shall notify City in writing immediately, and in no case
more than twenty-four (24) hours, after receiving any information that
Contracting Party’s or any of its subcontractor’s DIR registration status has
been suspended, revoked, expired, or otherwise changed. It is understood
that it is the responsibility of Contracting Party to determine the correct
salary scale. Contracting Party shall make copies of the prevailing rates of
per diem wages for each craft, classification, or type of worker needed to
execute the Services available to interested parties upon request, and shall
post copies at Contracting Party’s principal place of business and at the
project site, if any. The statutory penalties for failure to pay prevailing wage
or to comply with State wage and hour laws will be enforced. Contracting
397
Exhibit A
Page 3 of 5
Party must forfeit to City TWENTY-FIVE DOLLARS ($25.00) per day for each
worker who works in excess of the minimum working hours when
Contracting Party does not pay overtime. In accordance with the provisions
of Labor Code Sections 1810 et seq., eight (8) hours is the legal working
day. Contracting Party also shall comply with State law requirements to
maintain payroll records and shall provide for certified records and
inspection of records as required by California Labor Code Section 1770 et
seq., including Section 1776. In addition to the other indemnities provided
under this Agreement, Contracting Party shall defend (with counsel selected
by City), indemnify, and hold City, its elected officials, officers, employees,
and agents free and harmless from any claim or liability arising out of any
failure or alleged failure to comply with the Prevailing Wage Laws. It is
agreed by the parties that, in connection with performance of the Services,
including, without limitation, any and all “Public works” (as defined by the
Prevailing Wage Laws), Contracting Party shall bear all risks of payment or
non-payment of prevailing wages under California law and/or the
implementation of Labor Code Section 1781, as the same may be amended
from time to time, and/or any other similar law. Contracting Party
acknowledges and agrees that it shall be independently responsible for
reviewing the applicable laws and regulations and effectuating compliance
with such laws. Contracting Party shall require the same of all
subcontractors.
2. Retention. Payments shall be made in accordance with the
provisions of Article 2.0 of the Agreement. In accordance with said Sections,
City shall pay Contracting Party a sum based upon ninety-five percent (95%)
of the Contract Sum apportionment of the labor and materials incorporated
into the Services under this Agreement during the month covered by said
invoice. The remaining five percent (5%) thereof shall be retained as
performance security to be paid to Contracting Party within sixty (60) days
after final acceptance of the Services by the City Council of City, after
Contracting Party has furnished City with a full release of all undisputed
payments under this Agreement, if required by City. In the event there are
any claims specifically excluded by Contracting Party from the operation of
the release, City may retain proceeds (per Public Contract Code § 7107) of
up to one hundred fifty percent (150%) of the amount in dispute. City’s
failure to deduct or withhold shall not affect Contracting Party’s obligations
under the Agreement.
3. Utility Relocation. City is responsible for removal, relocation, or
protection of existing main or trunk-line utilities to the extent such utilities
were not identified in the invitation for bids or specifications. City shall
reimburse Contracting Party for any costs incurred in locating, repairing
damage not caused by Contracting Party, and removing or relocating such
398
Exhibit A
Page 4 of 5
unidentified utility facilities. Contracting Party shall not be assessed
liquidated damages for delay arising from the removal or relocation of such
unidentified utility facilities.
4. Trenches or Excavations. Pursuant to California Public Contract
Code Section 7104, in the event the work included in this Agreement
requires excavations more than four (4) feet in depth, the following shall
apply:
(a) Contracting Party shall promptly, and before the following
conditions are disturbed, notify City, in writing, of any: (1) material that
Contracting Party believes may be material that is hazardous waste, as
defined in Section 25117 of the Health and Safety Code, that is required to
be removed to a Class I, Class II, or Class III disposal site in accordance
with provisions of existing law; (2) subsurface or latent physical conditions
at the site different from those indicated by information about the site made
available to bidders prior to the deadline for submitting bids; or (3) unknown
physical conditions at the site of any unusual nature, different materially
from those ordinarily encountered and generally recognized as inherent in
work of the character provided for in the Agreement.
(b) City shall promptly investigate the conditions, and if it
finds that the conditions do materially so differ, or do involve hazardous
waste, and cause a decrease or increase in Contracting Party’s cost of, or
the time required for, performance of any part of the work shall issue a
change order per Section 1.8 of the Agreement.
(c) in the event that a dispute arises between City and
Contracting Party whether the conditions materially differ, or involve
hazardous waste, or cause a decrease or increase in Contracting Party’s cost
of, or time required for, performance of any part of the work, Contracting
Party shall not be excused from any scheduled completion date provided for
by this Agreement, but shall proceed with all work to be performed under
this Agreement. Contracting Party shall retain any and all rights provided
either by contract or by law which pertain to the resolution of disputes and
protests between the contracting Parties.
5. Safety. Contracting Party shall execute and maintain its work so
as to avoid injury or damage to any person or property. In carrying out the
Services, Contracting Party shall at all times be in compliance with all
applicable local, state, and federal laws, rules and regulations, and shall
exercise all necessary precautions for the safety of employees appropriate to
the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be
limited to: (A) adequate life protection and lifesaving equipment and
399
Exhibit A
Page 5 of 5
procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders,
bridges, gang planks, confined space procedures, trenching and shoring,
equipment and other safety devices, equipment and wearing apparel as are
necessary or lawfully required to prevent accidents or injuries; and
(C) adequate facilities for the proper inspection and maintenance of all
safety measures.
6. Liquidated Damages. Since the determination of actual damages
for any delay in performance of the Agreement would be extremely difficult
or impractical to determine in the event of a breach of this Agreement,
Contracting Party shall be liable for and shall pay to City the sum of One
Thousand dollars ($1,000.00) as liquidated damages for each working day of
delay in the performance of any of the Services required hereunder, as
specified in the Schedule of Performance. In addition, liquidated damages
may be assessed for failure to comply with the emergency call out
requirements, if any, described in the Scope of Services. City may withhold
from any moneys payable on account of the Services performed by
Contracting Party any accrued liquidated damages.
400
Exhibit B
Page 1 of 1
Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for
in Section 2.3 of this Agreement, the maximum total compensation to be
paid to Contracting Party under this Agreement is not to exceed Five
Hundred Thousand Dollars ($ 500,000.00) (“Contract Sum”).
401
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, as requested by City within the time
allowed by the total contract sum.
402
Exhibit D
Page 1 of 1
Exhibit D
Special Requirements
[None]
403
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
Errors and Omissions Liability
$1,000,000 (per claim and aggregate)
Workers’ Compensation
(per statutory requirements)
Must include the following endorsements:
Workers Compensation with 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.
404
Exhibit E
Page 2 of 6
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.
If coverage is maintained on a claims-made basis, Contracting Party shall
maintain such coverage for an additional period of three (3) years following
termination of the contract.
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:
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.
405
Exhibit E
Page 3 of 6
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.
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.
406
Exhibit E
Page 4 of 6
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 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
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
407
Exhibit E
Page 5 of 6
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 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 an
additional insured endorsement is 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.
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.
408
Exhibit E
Page 6 of 6
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.
409
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
410
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 provisions
411
Exhibit F
Page 3 of 3
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 obligation 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.
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City of La Quinta
CITY COUNCIL MEETING: July 2, 2019
STAFF REPORT
AGENDA TITLE: APPROVE CONTRACT SERVICES AGREEMENT WITH ACORN
TECHNOLOGY FOR INFORMATION TECHNOLOGY SERVICES
RECOMMENDATION
Approve Contract Services Agreement with Acorn Technology for information
technology services in an amount not to exceed $330,000 annually for the first
three years; and authorize the City Manager to execute the agreement.
EXECUTIVE SUMMARY
•In February and May 2019, staff solicited proposals for information
technology services and Acorn Technology (Acorn) was selected.
•Acorn would provide project management, information technology (IT), and
disaster recovery services, and assist with IT asset management and
procurement of IT related products at cost.
•The current IT contract with Convergeone will expire on June 30, 2019, and
thereafter their services would be provided on a month-to-month basis.
FISCAL IMPACT
Acorn would provide IT services for a base fee of $228,600 per year or $685,800
for the initial three year term. The contract provides for additional services (at the
City’s option) during the intial term, which could increase the annual fee to a
maximum of $330,000 per year or $990,000 (for the initial three (3) year term).
Should the City move forward with the optional two (2) year extension, the base
fee would be $240,024 per year or $480,048, with a not-to-exceed fee of
$330,000 per year or $660,000. The total contract cost, including the optional
term, would be $1,165,848 (base fee) with the not-to-exceed cost of $1,650,000.
This fee does not include hardware or software costs. Funds are available in the
Information Technology budget (502-0000-60104, Consultants).
BACKGROUND/ANALYSIS
In February 2019, staff solicited request for proposals (RFP) for information
technology services and received eight proposals. Staff reissued an amended RFP
on May 2, 2019, that included a refined scope of services that specified pricing
structures for staffing costs. Again, eight proposals were received. Acorn, AMS
Connect, APEX Technology, ConvergeOne, Exigent, Intelesyone, SHI, and VPLS
submitted proposals. Upon reviewing the proposals, three firms were
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intereviewed and Acorn was selected because they were the most cost-effective
and qualified firm.
Acorn is based out of Riverside and has provided services to reputable Coachella
Valley organizations such as Sunnylands, the McCallum Theater and several
southern California municipalities.
Upon Council approval, the initial term of this Agreement would expire on June
30, 2022, with an option to renew for two additional years (Attachment 1). The
City has the right to terminate the Agreement at any time with a 90-day written
notice.
The contract provides the City with one full-time network engineer, one full-time
IT Technician, access to 24/7 remote helpdesk support, assistance with IT
procurement services, and disaster recovery support.
Cost summary for the services are as follows:
Year Monthly Base Annual Base Not to Exceed
2019/20 $19,050 $228,600 $330,000
2020/21 19,050 228,600 330,000
2021/22 19,050 228,600 330,000
Initial 3-Year Term 685,800$ $990,000
2022/23 20,002 240,024 330,000
2023/24 20,002 240,024 330,000
Optional 2-Year Extension $480,048 $660,000
Total Contract Not to Exceed 1,165,848$ $1,650,000
ALTERNATIVES
Council may elect to not approve this Agreement or make modifications. However,
staff does not recommend an alternative due to Acorn’s cost-effective proposal
and familiarity with the work to be performed.
Prepared by: Angela Ferreira, Management Analyst
Approved by: Jon McMillen, City Manager
Attachment: 1. Contract Services Agreement with Acorn Technology
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City of La Quinta
CITY COUNCIL MEETING: July 2, 2019
STAFF REPORT
AGENDA TITLE: ADOPT RESOLUTIONS TO APPROVE PERSONNEL POLICIES
FOR ELECTED AND APPOINTED OFFICIALS
RECOMMENDATION
Adopt resolutions to approve Personnel Policies for Elected and Appointed
Officials.
EXECUTIVE SUMMARY
The City engaged Municipal Resource Group, LLC (MRG) to review the
existing Personnel Policies and Procedures and provide
recommendations and revisions.
At its June 18, 2019 meeting, the Council approved the revised
personnel policies pertaining to full- and part-time City employees.
Legal counsel recommended adopting separate personnel policies for
Elected Officials and Members appointed to City Boards, Commissions,
and Committees (Appointed Members).
FISCAL IMPACT - None.
BACKGROUND/ANALYSIS
At the May 21, 2019 City Council meeting, a study session was held to provide
a review of City employee personnel policies modifications. This was the first
comprehensive review and revamp since the City was incorporated in 1982.
Staff’s objectives for initiating this effort were to:
Comply with Federal and State law,
Modernize the policies,
Infuse performance-based practices,
Provide additional controls and operational flexibility,
Simplify.
Council adopted the employee personnel policies at the June 18, 2019
meeting.
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The pertinent sections from the City’s employee personnel policies applicable
to Elected Officials are included as Exhibit A to the first resolution included
with this report, revisions are indicated in tracked changes, and include the
following:
1.0 Equal Employment, Discrimination, Harassment, and Anti-Bullying
Policy
2.0 Workplace Violence
3.0 Use of Electronic Equipment and Systems
4.0 Fraud in the Workplace Policy
5.0 Health, Dental, Vision and Life Insurance Benefits
6.0 Consolidated Omnibus Budget Reconciliations Act (COBRA)
7.0 Flexible Spending Plan
8.0 Travel and Expense Policy
The pertinent sections from the City’s employee personnel policies applicable
to Appointed Officials are included as Exhibit A to the second resolution
included with this report, revisions are indicated in tracked changes, and
include the following:
1.0 Equal Employment, Discrimination, Harassment, and Anti-Bullying
Policy
2.0 Workplace Violence
3.0 Use of Electronic Equipment and Systems
4.0 Fraud in the Workplace Policy
5.0 Travel and Expense Policy
Per the advice of legal counsel and pursuant to accepted practices many cities
follow, it is in the best interest of the City to adopt distinct personnel policies
that govern Elected and Appointed Officials and include only regulations that
directly pertain to the positions they hold.
ALTERNATIVES
Council may elect not to adopt separate resolutions or make additional
modifications.
Prepared by: Chris Escobedo, Community Resources Director
Approved by: Jon McMillen, City Manager
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RESOLUTION NO. 2019 – xxx
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, ADOPTING
PERSONNEL POLICY FOR ELECTED OFFICIALS
WHEREAS, pursuant to accepted practices many cities follow, it is in
the best interest of the City to adopt distinct personnel policy for Elected
Officials and persons who are appointed to an Elected Official position by the
City Council for the City of La Quinta; and
WHEREAS, this resolution approves a separate manual specific to
Elected Officials; and
WHEREAS, substantively, the regulations applicable to Elected Officials
are also applicable to City employees pursuant to the City’s Personnel Policies
and Procedures approved by Council on June 18, 2019; and
WHEREAS, all prior resolutions approving personnel policies for Elected
Officials are hereby superseded by the revised City of La Quinta Elected
Officials Personnel Policy attached hereto as “Exhibit A.”
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of La Quinta, California, as follows:
SECTION 1. The City Council hereby adopts regulations that govern
Elected Officials as set forth in the attached City of La Quinta Elected Officials
Personnel Policy as “Exhibit A” incorporated hereto by this reference.
SECTION 2. This resolution supersedes all prior resolutions adopting
personnel policies applicable to Elected Officials.
SECTION 3. This resolution shall go into effect upon adoption.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta City Council held on this day of July, 2019, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
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________________________
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
___________________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
___________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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CITY OF LA QUINTA
ELECTED OFFICIALS PERSONNEL POLICY
The following regulations are applicable to all City of La Quinta elected officials and
persons who are appointed to an Elected Official position by the City Council.
1.0 EQUAL EMPLOYMENT, DISCRIMINATION, HARASSMENT, AND ANTI-
BULLYING POLICY
The City prohibits any form of discrimination or harassment on the basis of
membership in one or more protected categories as defined below, and as may be
amended by State and Federal law. The City will NOT tolerate any unlawful
harassment or discrimination. Violation of this Policy may result in censorship or
removal from an appointed office or position on which the elected official may serve.
Protected categories include race, religion, color, sex (including gender, gender
identity, gender expression, pregnancy, and breastfeeding), sexual orientation
(including heterosexuality, homosexuality, and bisexuality), national origin, ancestry,
marital status, age, medical condition, genetic characteristics or information, and
physical or mental disability, or any other category protected by law.
Elected officials are prohibited from harassing or discriminating against applicants,
officers, officials, employees, or contractors because of: (1) an individual’s
membership in a protected category; (2) the perception that an individual is a
member of a protected category; or (3) the individual’s association with a person
who is perceived to be a member of a protected category.
Any form of retaliation against a person for filing a complaint or participating in the
complaint resolution process is prohibited. Individuals found to be retaliating in
violation of this policy will be subject to appropriate sanctions.
1.0.1 Definitions
1.0.1.1 Harassment: Unwelcome conduct based on membership in
a protected category that unreasonably interferes with an individual’s
job performance, or creates an intimidating, hostile or offensive work
environment. Behavior that constitutes harassment may include, but is
not limited to:
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a. Unwanted sexual advances, requests for sexual favors and
other acts where submission is made a term or condition
of employment or appointment, or where submission to or
rejection of the conduct is used as the basis for
employment decisions.
b. Speech, such as epithets, derogatory comments or slurs,
based on a protected category. This might include
inappropriate comments on appearance, including dress or
physical features, or dress consistent with gender
identification, or race-oriented stories and jokes.
c. Physical acts, such as assault, impeding or blocking
movement, offensive touching, or any physical interference
with normal work or movement. This includes pinching,
grabbing, patting, propositioning, or leering.
d. Visual acts, such as displaying derogatory posters or
cartoons, or sending emails, pictures or drawings that are
derogatory or sexually explicit.
1.0.1.2 Discrimination: Treatment or consideration of, or making a
distinction in favor of or against, an individual based on membership in
a protected category. Discrimination in employment applies to all
aspects of employment, including hiring, firing, compensation, transfer,
promotion or layoff, recruitment and testing, training and
apprenticeship programs, fringe benefits, pay, retirement plans, and
disability leave, as well as other terms and conditions of employment or
appointment.
1.0.1.3 Retaliation: Any adverse conduct taken because an
individual has reported harassment or discrimination, or has
participated in the complaint and investigation process described herein.
“Adverse conduct” includes, but is not limited to: taking sides because
an individual has reported harassment or discrimination, shunning and
avoiding an individual who reports harassment or discrimination, real or
implied threats of intimidation to prevent an individual from reporting
harassment or discrimination, or taking negative employment action.
1.0.2 Policy Dissemination
1.0.2.1 All elected officials shall be informed of the City’s
harassment and discrimination policy and complaint process prior to
their need to know, and on a regular biennial basis. Also, said policy and
complaint process shall be readily available to all elected officials,
employees, contractors and members of the general public utilizing the
City’s facilities and services. All elected officials shall receive training on
harassment and discrimination prevention.
1.0.2.2 All new elected officials shall be given a copy of the
harassment and discrimination policy and complaint process upon
taking office.
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1.0.2.3 Elected officials are required to complete training on their
role in preventing harassment and discrimination in the workplace. Such
training shall meet the requirements of AB 1825 and AB 1661, as those
laws may be amended.
1.0.3 Complaint Process
1.0.3.1 An individual who believes they are a victim of harassment
or discrimination may make a complaint verbally or in writing with the
City Manager without fear of reprisal. Where the City Manager is the
alleged harasser, an elected official should bring the matter to the
attention of the City Attorney.
1.0.3.2 Upon receipt of notification of a harassment or
discrimination complaint, the City Manager or designee shall:
a. Authorize and supervise the timely investigation of the
complaint and/or investigate the complaint. The
investigation may include interviews with: (i) the
complainant; (ii) the accused harasser, or the individual
alleged to have committed discriminatory action(s); and
(iii) other persons who have relevant knowledge
concerning the allegations in the complaint.
b. Review the factual information gathered through the
investigation to determine whether the alleged conduct
constitutes harassment, discrimination, or retaliation,
giving consideration to all factual information, the totality
of the circumstances, including the nature of the conduct,
and the context in which the alleged incidents occurred.
c. Report the findings as to whether harassment or
discrimination occurred to appropriate persons, including
the complainant.
d. If the allegations are sustained, recommend or take
appropriate remedial action to ensure that the behavior
does not continue.
1.0.3.3 The person initiating the complaint has the right to be
accompanied by an advocate(s) when discussing alleged incidents, or
participating in investigatory interviews. Said person shall be advised of
this right prior to the commencement of such discussions.
1.0.3.4 The City takes a proactive approach to potential policy
violations and will conduct an investigation if it becomes aware that
harassment, discrimination, or retaliation may be occurring, regardless
of whether the recipient or third party reports a potential violation.
1.0.3.5 Individuals also may file complaints about sexual
harassment or other illegal discrimination with the California Fair
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Employment and Housing Commission (San Francisco Office:
1390 Market Street, Suite 410, San Francisco, California 94102;
Telephone: 415-557-2325), or with the California Department of Fair
Employment and Housing (San Bernardino Office: 1845 S. Business
Center Drive, #127, San Bernardino, California 92408-3426;
Telephone: 909-383-4711).
1.0.4 Confidentiality
1.0.4.1 Every possible effort will be made to ensure the
confidentiality of complaints made under this policy. Complete
confidentiality cannot be guaranteed, however, due to the need to fully
investigate and the duty to take effective remedial action. As a result,
confidentiality will be maintained to the extent possible.
1.0.4.2 An individual who is interviewed during the course of an
investigation is prohibited from discussing the substance of the
interview, except as otherwise directed by the City Manager or City
Attorney. Any individual who discusses the content of an investigatory
interview will may be subject to discipline or other appropriate sanction
permited by law, including but not limited to censorship or removal from
an appointed office or position on which the elected official may serve.
1.0.4.3 The City will not disclose or release a completed
investigation report except as it deems necessary to support a
disciplinary action, to take remedial action, to defend itself in adversarial
proceedings, or to comply with the law or court order.
1.0.4.4 Anti-Bullying: Every individual has the right to be treated
with respect. Bullying is the use of verbal and/or physical aggression
with the intention of intimidating or harming another individual. It can
include any intentional written, visual, verbal, or physical act, when the
act harms the individual or damages his or her property; has the effect
of interfering with an employee’s ability to work; is severe or pervasive;
and/or creates an intimidating or threatening environment. Bullying
occurs in many forms including, but not limited to, tormenting, taunting,
making abusive comments, using threatening gestures, pushing,
shoving, punching, unwanted physical contact or any use of violence,
graffiti, name-calling, sarcasm, spreading rumors, and/or teasing, etc.
Such conduct can also occur via use of electronic or telephonic
communications, such as the internet, email and chat room misuse,
mobile threats by text messaging or calls, or misuse of cameras and
video equipment.
1.0.4.5 Any individual who believes they have been the subject of
bullying should bring the matter to the attention of the City Manager
immediately, and provide a full and accurate report of the underlying
facts. Where the City Manager is the alleged bully, an elected official
should bring the matter to the attention of the City Attorney. In all
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cases, individuals are free to report such problems directly to the City
Manager. Upon notification of a bullying complaint, the City Manager or
designee shall promptly conduct an investigation of the complaint and
supervise and/or investigate the complaint and take action as deemed
appropriate.
2.0 WORKPLACE VIOLENCE
2.0.1 The City does not tolerate any act or behavior which can be perceived
as threatening, hostile, and/or violent. No individual shall make any threat,
either physical or verbal, against a city employee or elected official. Elected
officials should immediately report any threats or incidents of violence to the
City Manager. The City Manager or designee shall investigate incidents of
violence or threats of violence.
2.0.2 The Workplace Violence Safety Act, Section 527.8 to the California Code
of Civil Procedure, allows employers to seek temporary restraining orders
(TRO) and injunctions to protect employees who have been the subject of
actual or threatened unlawful violence in the workplace.
3.0 USE OF ELECTRONIC EQUIPMENT AND SYSTEMS
These policies were created to ensure compliance with applicable law including,
without limitation, the California Public Records Act (“PRA”); to protect the public
welfare; to regulate elected officials’ electronic communications in the course of their
service; to identify the circumstances when electronic communications must be
preserved; and to support appropriate City business practices.
3.0.1 Definitions as applicable to this policy:
3.0.1.1 “City Accounts and Devices” includes all City owned,
maintained, issued, or controlled communication accounts, email
addresses, devices, cell phones, computers, media, social media,
messengering services, and any other form of communication account
or device.
3.0.1.2 “City Business” is to be given a broad interpretation in
accordance with the PRA. Elected officials should consult the City Clerk’s
Office or the City Attorney’s Office if any clarification is needed regarding
whether a record pertains to City Business before deleting the record.
3.0.1.3 “Private Accounts and Devices” includes all communication
accounts, email addresses, devices, cell phones, computers, media,
social media, messengering services, and any other form of
communication account or device not City owned, maintained, issued,
or controlled.
3.0.2 Public Records
In addition to all applicable Federal, State, and local laws and regulations, the
following provisions shall apply to the use of personal accounts, devices, social
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media, and all other forms of media by elected officials for communications
regarding matters of City Business:
3.0.2.1 In general, all communications regarding City Business by
elected officials must be done on official City Accounts and Devices, such
as elected officials’ assigned email address. In general, all
communications regarding City Business by elected officials that do not
have assigned City Accounts and Devices must be done via a
professional Business Account and Device.
3.0.2.2 Except in situations that are beyond the control of an
Employee, all communications regarding City Business that are not from
or to an official City Account and Device, or not otherwise exempt from
disclosure under the PRA, need to carbon copy (“CC”) or blind carbon
copy (“BCC”) the City Records email.
3.0.2.3 All communications and records regarding City Business—
even on private accounts and devices—are public records. The owner of
the private account and device containing the public records is the
custodian of those records, and is subject to all laws applicable to
custodians of public records. Possible forms of these public records
include, but are not limited to, emails, text messages, voicemails, call
logs, instant messenger communications, social media posts and
communications, or any other form of communication.
3.0.2.4 Responsibility for maintaining custodianship of public
records on private accounts and devices may be transferred to the
appropriate City employee responsible for the subject area by emailing
the record to the responsible employee, and including a detailed
description of the record in the body of the email. If a particular type of
record cannot be easily forwarded to the responsible employee’s email,
then screen shots adequately capturing the image of the record may be
sent to the responsible employee’s email address; however, in such
circumstances, the images must be clear and complete, and a detailed
explanation of the record and the content of the record must be provided
in the body of the email so that the record can be found in a relevant
search. Failure to comply with these requirements will result in the
individual remaining the custodian of the public record.
3.0.2.5 All public records on private accounts and devices must be
retained unless custodianship has been transferred to the City in
accordance with this Policy and the City’s Records Retention Schedule.
3.0.2.6 Upon leaving office, all elected officials must provide a
declaration in the form required by the City declaring that they have
provided the Clerk’s Office with all records regarding City Business under
the PRA within three days from the date of leaving office.
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3.0.2.7 Failure to comply with the requirements of this Policy may
result in public censorship or removal from an elected position on which
the elected official may serve.
3.0.2.8 These requirements are State law requirements, and they
survive the Termination of any individual’s appointment or office with
the City.
3.0.2.9 Failure to comply with the custodianship requirements for
public records in accordance with the PRA may result in personal liability,
civil penalties, and criminal prosecution. Destruction of a public record
is a felony pursuant to Government Code section 6200.
3.0.3 Personal Use
3.0.3.1 Although limited and incidental personal use of electronic
communications may be acceptable, City Business accounts and
communication devices remain public property and are to be used for
public purposes. Users may use City Business accounts and devices for
incidental personal use that does not interfere or conflict with City
Business. Incidental means infrequent usage. Personal use of the
City’s Information Systems is at the users’ own risk and may be
accessed, reviewed, copied, deleted or disclosed by the City.
3.0.3.2 Prohibited uses of City-provided communication equipment
and software, or personal equipment used on City Business, include, but
are not limited to, the following:
a. Uses that violate any local, State, or Federal law;
b. Uses violating any part of an MOU or City Policy;
c. Uses relating to a user’s private commercial activities
including, without limitation, advertising and consulting;
d. Accessing and distributing computer games;
e. Fundraising or public relations activities outside the scope
of City Business;
f. Political activities;
g. Religious activities;
h. Unauthorized access to systems, software or data;
i. Creating or propagating viruses;
j. Disrupting services;
k. Intentionally destroying or damaging equipment, software,
or data;
l. Use of non-business software, e.g. entertainment software
or applications;
m. Threats;
n. Harassment or bullying;
o. Defamation;
p. Slander; and
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q. Access to, or communication of, material or graphic images
which are pornographic, violent, offensive, threatening,
disturbing, obscene or profane.
3.0.3.3 Social networks and related electronic discussion groups
are specialized resources on the internet for sharing information with
other professionals. Elected officials are prohibited from publishing
official positions or opinions of the City, or publishing statements which
could be construed as positions or opinions of the City, via the internet,
text or e-mail without prior authorization. All authorized participation in
such forums must include the following disclaimer: “Views expressed by
the author do not necessarily represent those of the City of La Quinta.”
Failure to include the required disclaimer may result in revocation of
access privileges.
3.0.4 Elected Official Owned Cell Phones – Stipend
Elected officials may request a cell phone stipend to compensate for City
Business-related costs incurred when using their individually-owned cell
phones. The City will not own or provide cell phones for the use of individual
Employees except in limited situations (e.g., field services, code
enforcement/animal control, on-call employees, select supervision, etc.).
3.0.4.1 Under the stipend program, the elected official is
responsible for purchasing a cell phone and establishing a service
contract with the cell phone service provider of their choice. The cell
phone contract is in the name of the elected official, who is solely
responsible for all payments to the service provider.
3.0.4.2 Because the cell phone is owned personally by the elected
official the stipend provided is not considered taxable income and the
elected official may use the phone for both business and personal
purposes, as needed. The elected official may, at their own expense,
add extra services or equipment features, as desired. If there are
problems with service, the elected official is expected to work directly
with the carrier for resolution.
3.0.4.3 The City does not accept any liability for claims, charges or
disputes between the service provider and the elected official.
3.0.4.4 Any cell phone that has data capabilities must be secured
based on current security standards, including password protection and
encryption. If a cell phone with data capabilities is stolen or missing, it
must be reported to the wireless device service provider, and to the
City’s IT Department as soon as possible.
3.0.4.5 Elected officials are expected to delete all City data from
the cell phone when they separate from the City, except when required
to maintain that data in compliance with a litigation hold notice or in
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accordance with the Public Records Act and Section 2.8.2 of these
Policies.
3.0.4.6 Any stipend agreement will be immediately cancelled if:
a.Elected official leaves office;
b.There is misuse/misconduct with the phone;
c.A decision by management resulting in the need to end the
program; or
d.Elected official does not want to retain the current cell
phone contract for personal purposes.
3.0.5 City-Owned Cell Phones
Elected officials may be issued City-owned cell phones to conduct City
Business.
3.0.5.1 The City retains the right to: (1) review the bills for City-
owned cell phones, and (2) require payment from elected official for all
personal calls in accordance with IRS regulations as they now exist, or
as they may be amended in the future.
3.0.5.2 Elected officials issued a City-owned cell phone are
responsible for properly caring for the equipment.
3.0.5.3 Elected officials are not allowed to install personal or other
non-approved software or applications on City-owned cell phones, or to
disable any software installed by the City, including virus protection
systems.
3.0.5.4 All passwords or security codes must be protected and not
given out to others. The City’s IT Department must be provided with all
current passwords or security codes.
4.0 FRAUD IN THE WORKPLACE POLICY
The City is committed to protecting its assets against the risk of loss or misuse.
Accordingly, it is the Policy of the City to identify and promptly investigate any
possibility of fraudulent or related dishonest activities against the City and, when
appropriate, to pursue legal remedies available under the law.
4.0.1 “Fraud” is defined as an intentional deception, misappropriation of
resources or the manipulation of data to gain financial or other benefits. Fraud
and other similar improprieties include, but are not limited to:
a.Claim for reimbursement of expenses that are not made for the
exclusive benefit of the City;
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b.Forgery or alteration of documents (checks, promissory notes,
time sheets, independent contractor agreements, purchase
orders, etc.);
c.Misappropriation of City assets (funds, securities, supplies,
furniture, equipment, etc.);
d.Improprieties in the handling or reporting of money
transactions;
e.Authorizing or receiving payment for goods not received or
services not performed;
f.Misrepresentation of information on documents; or
g.Computer-related activity involving unauthorized alteration,
destruction, forgery, or manipulation of data or misappropriation
of City-owned software.
4.0.2 It is the City’s intent to fully investigate any suspected acts of fraud,
misappropriation, or other similar irregularity. An objective and impartial
investigation will be conducted regardless of length of service or relationship
with the City.
4.0.3 The City Manager or designee, in conjunction with the City Attorney, has
the primary responsibility for the investigation of all Fraud as defined in this
Policy.
4.0.4 Individuals will be granted whistle-blower protection when reporting any
acts of suspected Fraud in accordance with this Policy. When informed of a
suspected impropriety, neither the City nor any person acting on behalf of the
City shall:
a.Take adverse action or threaten adverse action against the
reporting individual;
b.Impose any penalty upon the reporting individual; or
c.Intimidate or coerce the reporting individual.
4.0.5 The City will pursue every reasonable effort, including court-ordered
restitution, to obtain recovery of City losses from the offender, or other
appropriate sources.
5.0 HEALTH, DENTAL, VISION AND LIFE INSURANCE BENEFITS
Elected officials are eligible for City contribution to health, dental, vision and life
insurance for themselves and qualified family members as set forth in the MOU
between the City and the La Quinta City Employees’ Association, and the plan
documents. Elected official contributions for insurance coverage shall be paid by
payroll deduction as a condition of enrollment and continuous insurance coverage.
Elected officials who provide the City evidence of medical insurance under a separate
policy and request to be deleted from the City’s coverage shall receive a $250 per
month as an in lieu payment. Should such other coverage subsequently be
unavailable to the Elected official, the Elected Official shall have the right to seek
reinstatement to coverage under the City’s policy upon written request. In such a
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case, the City shall reinstate the Employee’s coverage and cancel the in lieu payment
if reinstatement is permitted under the provision for reinstatement then in effect with
the City’s health insurance provider.
6.0 CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT (COBRA)
6.0.1 Elected officials and dependents who lose group health coverage due to
leaving office or other “qualifying events” (i.e., death, divorce or separation)
may continue health and dental coverage on a self-pay basis under the COBRA
option for eighteen (18) months, or the limits specified by law.
6.0.2 Upon leaving office, the City will issue a “Notice of Right to Elect COBRA
Continuation Coverage” for health care coverage. To continue health care
coverage under COBRA, elected officials will fill out and sign the forms provided
by the City. Elected officials must pay the full cost of coverage, plus the
allowable administrative fee, by the deadlines set forth in the notice.
7.0 FLEXIBLE SPENDING PLAN
The City has implemented a Flexible Spending Plan for qualified expenses on a pre-
tax basis. Elected officials who participate will pay the monthly administration fee
and optional medical reimbursement debit card fee through payroll deduction
8.0 TRAVEL AND EXPENSE POLICY
8.0.1 Responsibility
8.0.1.1 The expenditure of travel and expense funds shall be in
accordance with appropriations in the annual adopted budget for elected
officials.
8.0.1.2 Personal and City travel must not be commingled in such a
manner as to increase allowable expense or otherwise affect adversely
the interest of the City.
8.0.2 Travel Authorization
8.0.2.1 Elected official travel requires prior written authorization
by the City Manager. The City Form, “Travel Request and/or Advance,”
shall be used to document authorization, and may be obtained in the
Finance Department.
8.0.2.2 Travel trips of one day or less shall not require a pre-
approved “Travel Request and/or Advance” if no advance is requested,
but the second part of the Form covering conference update reporting
must be completed, if applicable, upon return.
8.0.3 Travel Expenses. Elected officials may provide their own funding and file
claims for reimbursement, or may apply for an advance of public funds by
utilizing the “Travel Request and/or Advance” Form. All requests for advance
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of travel funds are to be submitted through the approving authority to the
Finance Department at least five (5) working days before the intended date of
departure. All advances must be properly accounted for based on actual and
necessary expenses incurred, upon termination of travel for which the advance
was made. Advance payments do not constitute approval to spend the entire
amount advanced. Only actual and necessary expenses, as further limited by
the specific provisions of this Policy, will be paid from City funds.
8.0.4 Transportation. Elected officials should attempt to travel by the means
most economical to the City, consistent with scheduling needs and cargo
space. In selecting a particular method of transportation, consideration shall
be given for the total cost to the City which will result, including actual
transportation costs. In the event that a more expensive transportation form
is used, the cost borne by the City will be limited to the cost of the most
economical, direct, efficient and reasonable transportation form, unless
otherwise approved. Government and group rates must be used when
available.
8.0.4.1 Air Travel and Automobile Rental
a.Coach Class Air Travel. Reimbursement shall be made for
coach air travel if the cost of such air travel is competitive
with other passenger airlines' coach airfares.
b.Rail Travel. Reimbursement shall be made for coach rail
travel if the cost of such rail travel is competitive with other
coach rail travel fares.
c.Taxi/Ride-hailing Service. Charges for taxi/Uber/Lyft
service are reimbursable if such transportation is the most
economical, practicable and efficient mode of
transportation available under the circumstances. Portions
of taxi charges that are related to excessive tips (i.e., in
excess of 15%) will not be reimbursed.
d.Shuttle Service. Charges for shuttle service are
reimbursable if such transportation is the most
economical, practicable and efficient mode of
transportation available under the circumstances.
e.Bus Fare. Charges for bus service are reimbursable if such
transportation is the most economical, practicable and
efficient mode of transportation available under the
circumstances.
f.Vehicle Rental. Charges for vehicle rental are reimbursable
if such transportation is the most economical, practicable
and efficient mode of transportation available under the
circumstances. When determining the type of rental car to
be used, consideration should be given to the economic
standards set forth in this policy and the appropriate use
and stewardship of City funds.
g.Chartered Travel. Use of chartered travel shall be
reimbursable if such transportation is the most
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economical, practicable and efficient mode of
transportation available under the circumstances.
h.Airport parking may be used during travel on official City
Business and is reimbursable with receipts.
8.0.5 Lodging. Elected official lodging expenses will be reimbursed or paid
when travel associated with training or related activities reasonably requires
an overnight stay. Lodging shall be obtained at the most economical rate
available for safe, clean, convenient, and quality accommodations. If such
lodging is in connection with a conference, lodging expenses must not exceed
the group rate published by the conference sponsor for the meeting in question
if such rates are available at the time of booking. Travelers must request
government rates, when available.
8.0.6 Meals. Meals are allowable at actual costs, including reasonable tips and
room service charges not to exceed $75 per day.
8.0.6.1 Expense claims for meals shall include the following
information:
a.Date expense incurred;
b.Name of the elected official; and
c.Purpose of the meeting.
8.0.6.2 Itemized meal receipts are required.
8.0.7 Other Allowable Expenses. The following expenses shall be permissible, subject
to other provisions of this policy to the extent that they are actual and
necessary:
a.Incidental transportation expenses, such as ferry fares; bridge,
toll road and vehicle parking fees;
b.Telephone, and facsimile charges, and business center use, for
official City Business; and
c.Reasonable fees and tips paid to waiters, porters, baggage
handlers, bellhops, hotel maids, and other service personnel.
8.0.8 Non-Allowable Expenses. Personal expenses are not allowable, and will not be
reimbursed. These may include, but are not limited to:
a.Fines for traffic violations;
b.Private automobile repairs;
c.Expenses of any persons accompanying the person subject to this
Policy on the trip;
d.Purchase of personal items;
e.Fitness/Health Facilities; and
f.Alcohol.
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8.0.9 Settlement of Expenses. Elected officials are responsible for the accurate
preparation of their claims, and the responsibility of omission or commission
cannot be shifted to another individual. A “Travel Expense Report” (obtainable
in the Finance Department) substantiated by receipts which verify the claimed
expenditures as being an actual expense, must be submitted to the City
Manager within ten (10) days of the expense being incurred, or the end of the
trip, whichever is later. Inability to provide such documentation in a timely
fashion may result in the expense being borne by the elected official. All
expenses are subject to verification that they comply with this Policy.
Pursuant to state law, Travel Expense Reports are public records.
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A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, ADOPTING
PERSONNEL POLICY FOR APPOINTED
OFFICIALS
WHEREAS, pursuant to accepted practices many cities follow, it is in
the best interest of the City to adopt regulations applicable to all persons who
are appointed by the City Council to serve on any boards, commissions, or
committees established by the City (collectively, “Appointed Officials”); and
WHEREAS, this resolution approves a separate manual specific to
Appointed Members; and
WHEREAS, substantively, the regulations applicable to Appointed
Officials are also applicable to City employees pursuant to the City’s Personnel
Policies and Procedures approved by Council on June 18, 2019; and
WHEREAS, all prior resolutions approving personnel policies for
Appointed Officials are hereby superseded by the Appointed Officials Personnel
Policy attached hereto as “Exhibit A.”
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of La Quinta, California, as follows:
SECTION 1. The City Council hereby adopts regulations that govern
Appointed Officials as set forth in the attached City of La Quinta Appointed
Officials Personnel Policy, as “Exhibit A” incorporated hereto by this reference.
SECTION 2. This resolution supersedes all prior resolutions adopting
personnel policies applicable to Appointed Officials.
SECTION 3. This resolution shall go into effect upon adoption.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta City Council held on this day of July, 2019, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
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________________________
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
___________________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
___________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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CITY OF LA QUINTA
APPOINTED OFFICIALS PERSONNEL POLICY
The following regulations are applicable to all persons who are appointed by the City
of La Quinta City Council to serve on any boards, commissions, or committees
estabished by the City of La Quinta (collectively, “Appointed Officials”).
1.0 EQUAL EMPLOYMENT, DISCRIMINATION, HARASSMENT, AND ANTI-
BULLYING POLICY
The City prohibits any form of discrimination or harassment on the basis of
membership in one or more protected categories as defined below, and as may be
amended by State and Federal law. The City will NOT tolerate any unlawful
harassment or discrimination. Violation of this Policy may result in censorship or
removal from an appointed office or position.
Protected categories include race, religion, color, sex (including gender, gender
identity, gender expression, pregnancy, and breastfeeding), sexual orientation
(including heterosexuality, homosexuality, and bisexuality), national origin, ancestry,
marital status, age, medical condition, genetic characteristics or information, and
physical or mental disability, or any other category protected by law.
Appointed Officials are prohibited from harassing or discriminating against applicants,
officers, officials, employees, or contractors because of: (1) an individual’s
membership in a protected category; (2) the perception that an individual is a
member of a protected category; or (3) the individual’s association with a person
who is perceived to be a member of a protected category.
Any form of retaliation against a person for filing a complaint or participating in the
complaint resolution process is prohibited. Individuals found to be retaliating in
violation of this policy will be subject to appropriate sanctions.
1.0.1 Definitions
1.0.1.1 Harassment: Unwelcome conduct based on membership in
a protected category that unreasonably interferes with an individual’s
job performance, or creates an intimidating, hostile or offensive work
environment. Behavior that constitutes harassment may include, but is
not limited to:
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a.Unwanted sexual advances, requests for sexual favors and
other acts where submission is made a term or condition
of employment or appointment, or where submission to or
rejection of the conduct is used as the basis for
employment decisions.
b.Speech, such as epithets, derogatory comments or slurs,
based on a protected category. This might include
inappropriate comments on appearance, including dress or
physical features, or dress consistent with gender
identification, or race-oriented stories and jokes.
c.Physical acts, such as assault, impeding or blocking
movement, offensive touching, or any physical interference
with normal work or movement. This includes pinching,
grabbing, patting, propositioning, or leering.
d.Visual acts, such as displaying derogatory posters or
cartoons, or sending emails, pictures or drawings that are
derogatory or sexually explicit.
1.0.1.2 Discrimination: Treatment or consideration of, or making a
distinction in favor of or against, an individual based on membership in
a protected category. Discrimination in employment applies to all
aspects of employment, including hiring, firing, compensation, transfer,
promotion or layoff, recruitment and testing, training and
apprenticeship programs, fringe benefits, pay, retirement plans, and
disability leave, as well as other terms and conditions of employment or
appointment.
1.0.1.3 Retaliation: Any adverse conduct taken because an
individual has reported harassment or discrimination, or has
participated in the complaint and investigation process described herein.
“Adverse conduct” includes, but is not limited to: taking sides because
an individual has reported harassment or discrimination, shunning and
avoiding an individual who reports harassment or discrimination, real or
implied threats of intimidation to prevent an individual from reporting
harassment or discrimination, or taking negative employment action.
1.0.2 Policy Dissemination
1.0.2.1 All Appointed Officials shall be informed of the City’s
harassment and discrimination policy and complaint process prior to
their need to know, and on a regular biennial basis. Also, said policy and
complaint process shall be readily available to all Appointed Officials,
employees, contractors and members of the general public utilizing the
City’s facilities and services. All Appointed Officials shall receive training
on harassment and discrimination prevention.
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1.0.2.2 All new Appointed Officials shall be given a copy of the
harassment and discrimination policy and complaint process upon
appointment.
1.0.2.3 Appointed Officials are required to complete training on
their role in preventing harassment and discrimination in the workplace.
Such training shall meet the requirements of AB 1825 and AB 1661, as
those laws may be amended.
1.0.3 Complaint Process
1.0.3.1 An individual who believes they are a victim of harassment
or discrimination may make a complaint verbally or in writing with the
City Manager without fear of reprisal. Where the City Manager is the
alleged harasser, an Appointed Official should bring the matter to the
attention of the City Attorney.
1.0.3.2 Upon receipt of notification of a harassment or
discrimination complaint, the City Manager or designee shall:
a. Authorize and supervise the timely investigation of the
complaint and/or investigate the complaint. The
investigation may include interviews with: (i) the
complainant; (ii) the accused harasser, or the individual
alleged to have committed discriminatory action(s); and
(iii) other persons who have relevant knowledge
concerning the allegations in the complaint.
b. Review the factual information gathered through the
investigation to determine whether the alleged conduct
constitutes harassment, discrimination, or retaliation,
giving consideration to all factual information, the totality
of the circumstances, including the nature of the conduct,
and the context in which the alleged incidents occurred.
c. Report the findings as to whether harassment or
discrimination occurred to appropriate persons, including
the complainant.
d. If the allegations are sustained, recommend or take
appropriate remedial action to ensure that the behavior
does not continue.
1.0.3.3 The person initiating the complaint has the right to be
accompanied by an advocate(s) when discussing alleged incidents, or
participating in investigatory interviews. Said person shall be advised of
this right prior to the commencement of such discussions.
1.0.3.4 The City takes a proactive approach to potential policy
violations and will conduct an investigation if it becomes aware that
harassment, discrimination, or retaliation may be occurring, regardless
of whether the recipient or third party reports a potential violation.
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1.0.3.5 Individuals also may file complaints about sexual
harassment or other illegal discrimination with the California Fair
Employment and Housing Commission (San Francisco Office:
1390 Market Street, Suite 410, San Francisco, California 94102;
Telephone: 415-557-2325), or with the California Department of Fair
Employment and Housing (San Bernardino Office: 1845 S. Business
Center Drive, #127, San Bernardino, California 92408-3426;
Telephone: 909-383-4711).
1.0.4 Confidentiality
1.0.4.1 Every possible effort will be made to ensure the
confidentiality of complaints made under this policy. Complete
confidentiality cannot be guaranteed, however, due to the need to fully
investigate and the duty to take effective remedial action. As a result,
confidentiality will be maintained to the extent possible.
1.0.4.2 An individual who is interviewed during the course of an
investigation is prohibited from discussing the substance of the
interview, except as otherwise directed by the City Manager or City
Attorney. Any individual who discusses the content of an investigatory
interview will may be subject to discipline or other appropriate sanction
permited by law, including but not limited to censorship or removal from
an appointed office or position.
1.0.4.3 The City will not disclose or release a completed
investigation report except as it deems necessary to support a
disciplinary action, to take remedial action, to defend itself in adversarial
proceedings, or to comply with the law or court order.
1.0.4.4 Anti-Bullying: Every individual has the right to be treated
with respect. Bullying is the use of verbal and/or physical aggression
with the intention of intimidating or harming another individual. It can
include any intentional written, visual, verbal, or physical act, when the
act harms the individual or damages his or her property; has the effect
of interfering with an employee’s ability to work; is severe or pervasive;
and/or creates an intimidating or threatening environment. Bullying
occurs in many forms including, but not limited to, tormenting, taunting,
making abusive comments, using threatening gestures, pushing,
shoving, punching, unwanted physical contact or any use of violence,
graffiti, name-calling, sarcasm, spreading rumors, and/or teasing, etc.
Such conduct can also occur via use of electronic or telephonic
communications, such as the internet, email and chat room misuse,
mobile threats by text messaging or calls, or misuse of cameras and
video equipment.
1.0.4.5 Any individual who believes they have been the subject of
bullying should bring the matter to the attention of the City Manager
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immediately, and provide a full and accurate report of the underlying
facts. Where the City Manager is the alleged bully, an Appointed Official
should bring the matter to the attention of the City Attorney. In all
cases, individuals are free to report such problems directly to the City
Manager. Upon notification of a bullying complaint, the City Manager or
designee shall promptly conduct an investigation of the complaint and
supervise and/or investigate the complaint and take action as deemed
appropriate.
2.0 WORKPLACE VIOLENCE
2.0.1 The City does not tolerate any act or behavior which can be perceived
as threatening, hostile, and/or violent. No individual shall make any threat,
either physical or verbal, against a city employee or elected official. Appointed
Officials should immediately report any threats or incidents of violence to the
City Manager. The City Manager or designee shall investigate incidents of
violence or threats of violence.
2.0.2 The Workplace Violence Safety Act, Section 527.8 to the California Code
of Civil Procedure, allows employers to seek temporary restraining orders
(TRO) and injunctions to protect employees who have been the subject of
actual or threatened unlawful violence in the workplace.
3.0 USE OF ELECTRONIC EQUIPMENT AND SYSTEMS
These policies were created to ensure compliance with applicable law including,
without limitation, the California Public Records Act (“PRA”); to protect the public
welfare; to regulate Appointed Officials’ electronic communications in the course of
their service; to identify the circumstances when electronic communications must be
preserved; and to support appropriate City business practices.
3.0.1 Definitions as applicable to this policy:
3.0.1.1 “City Accounts and Devices” includes all City owned,
maintained, issued, or controlled communication accounts, email
addresses, devices, cell phones, computers, media, social media,
messengering services, and any other form of communication account
or device.
3.0.1.2 “City Business” is to be given a broad interpretation in
accordance with the PRA. Appointed Officials should consult the City
Clerk’s Office or the City Attorney’s Office if any clarification is needed
regarding whether a record pertains to City Business before deleting the
record.
3.0.1.3 “Private Accounts and Devices” includes all communication
accounts, email addresses, devices, cell phones, computers, media,
social media, messengering services, and any other form of
communication account or device not City owned, maintained, issued,
or controlled.
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3.0.2 Public Records
In addition to all applicable Federal, State, and local laws and regulations, the
following provisions shall apply to the use of personal accounts, devices, social
media, and all other forms of media by Appointed Officials for communications
regarding matters of City Business:
3.0.2.1 In general, all communications regarding City Business by
Appointed Officials must be done on official City Accounts and Devices,
such as Appointed Officials’ assigned email address. In general, all
communications regarding City Business by Appointed Officials that do
not have assigned City Accounts and Devices must be done via a
professional Business Account and Device.
3.0.2.2 Except in situations that are beyond the control of an
Employee, all communications regarding City Business that are not from
or to an official City Account and Device, or not otherwise exempt from
disclosure under the PRA, need to carbon copy (“CC”) or blind carbon
copy (“BCC”) the City Records email.
3.0.2.3 All communications and records regarding City Business—
even on private accounts and devices—are public records. The owner of
the private account and device containing the public records is the
custodian of those records, and is subject to all laws applicable to
custodians of public records. Possible forms of these public records
include, but are not limited to, emails, text messages, voicemails, call
logs, instant messenger communications, social media posts and
communications, or any other form of communication.
3.0.2.4 Responsibility for maintaining custodianship of public
records on private accounts and devices may be transferred to the
appropriate City employee responsible for the subject area by emailing
the record to the responsible employee, and including a detailed
description of the record in the body of the email. If a particular type of
record cannot be easily forwarded to the responsible employee’s email,
then screen shots adequately capturing the image of the record may be
sent to the responsible employee’s email address; however, in such
circumstances, the images must be clear and complete, and a detailed
explanation of the record and the content of the record must be provided
in the body of the email so that the record can be found in a relevant
search. Failure to comply with these requirements will result in the
individual remaining the custodian of the public record.
3.0.2.5 All public records on private accounts and devices must be
retained unless custodianship has been transferred to the City in
accordance with this Policy and the City’s Records Retention Schedule.
3.0.2.6 Upon leaving office, all Appointed Officials must provide a
declaration in the form required by the City declaring that they have
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provided the Clerk’s Office with all records regarding City Business under
the PRA within three days from the date of leaving office.
3.0.2.7 Failure to comply with the requirements of this Policy may
result in public censorship or removal from an elected appointed
position.
3.0.2.8 These requirements are State law requirements, and they
survive the Termination of any individual’s appointment or office with
the City.
3.0.2.9 Failure to comply with the custodianship requirements for
public records in accordance with the PRA may result in personal liability,
civil penalties, and criminal prosecution. Destruction of a public record
is a felony pursuant to Government Code section 6200.
3.0.3 Personal Use
3.0.3.1 Although limited and incidental personal use of electronic
communications may be acceptable, City Business accounts and
communication devices remain public property and are to be used for
public purposes. Users may use City Business accounts and devices for
incidental personal use that does not interfere or conflict with City
Business. Incidental means infrequent usage. Personal use of the
City’s Information Systems is at the users’ own risk and may be
accessed, reviewed, copied, deleted or disclosed by the City.
3.0.3.2 Prohibited uses of City-provided communication equipment
and software, or personal equipment used on City Business, include, but
are not limited to, the following:
a. Uses that violate any local, State, or Federal law;
b. Uses violating any part of an MOU or City Policy;
c. Uses relating to a user’s private commercial activities
including, without limitation, advertising and consulting;
d. Accessing and distributing computer games;
e. Fundraising or public relations activities outside the scope
of City Business;
f. Political activities;
g. Religious activities;
h. Unauthorized access to systems, software or data;
i. Creating or propagating viruses;
j. Disrupting services;
k. Intentionally destroying or damaging equipment, software,
or data;
l. Use of non-business software, e.g. entertainment software
or applications;
m. Threats;
n. Harassment or bullying;
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o. Defamation;
p. Slander; and
q. Access to, or communication of, material or graphic images
which are pornographic, violent, offensive, threatening,
disturbing, obscene or profane.
3.0.3.3 Social networks and related electronic discussion groups
are specialized resources on the internet for sharing information with
other professionals. Appointed Officials are prohibited from publishing
official positions or opinions of the City, or publishing statements which
could be construed as positions or opinions of the City, via the internet,
text or e-mail without prior authorization. All authorized participation in
such forums must include the following disclaimer: “Views expressed by
the author do not necessarily represent those of the City of La Quinta.”
Failure to include the required disclaimer may result in revocation of
access privileges.
4.0 FRAUD IN THE WORKPLACE POLICY
The City is committed to protecting its assets against the risk of loss or misuse.
Accordingly, it is the Policy of the City to identify and promptly investigate any
possibility of fraudulent or related dishonest activities against the City and, when
appropriate, to pursue legal remedies available under the law.
4.0.1 “Fraud” is defined as an intentional deception, misappropriation of
resources or the manipulation of data to gain financial or other benefits. Fraud
and other similar improprieties include, but are not limited to:
a. Claim for reimbursement of expenses that are not made for the
exclusive benefit of the City;
b. Forgery or alteration of documents (checks, promissory notes,
time sheets, independent contractor agreements, purchase
orders, etc.);
c. Misappropriation of City assets (funds, securities, supplies,
furniture, equipment, etc.);
d. Improprieties in the handling or reporting of money
transactions;
e. Authorizing or receiving payment for goods not received or
services not performed;
f. Misrepresentation of information on documents; or
g. Computer-related activity involving unauthorized alteration,
destruction, forgery, or manipulation of data or misappropriation
of City-owned software.
4.0.2 It is the City’s intent to fully investigate any suspected acts of fraud,
misappropriation, or other similar irregularity. An objective and impartial
investigation will be conducted regardless of length of service or relationship
with the City.
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4.0.3 The City Manager or designee, in conjunction with the City Attorney, has
the primary responsibility for the investigation of all Fraud as defined in this
Policy.
4.0.4 Individuals will be granted whistle-blower protection when reporting any
acts of suspected Fraud in accordance with this Policy. When informed of a
suspected impropriety, neither the City nor any person acting on behalf of the
City shall:
a.Take adverse action or threaten adverse action against the
reporting individual;
b.Impose any penalty upon the reporting individual; or
c.Intimidate or coerce the reporting individual.
4.0.5 The City will pursue every reasonable effort, including court-ordered
restitution, to obtain recovery of City losses from the offender, or other
appropriate sources.
5.0 TRAVEL AND EXPENSE POLICY
5.0.1 Responsibility
5.0.1.1 The expenditure of travel and expense funds shall be in
accordance with appropriations in the annual adopted budget for
Appointed Officials.
5.0.1.2 Personal and City travel must not be commingled in such a
manner as to increase allowable expense or otherwise affect adversely
the interest of the City.
5.0.2 Travel Authorization
5.0.2.1 Appointed Official travel requires prior written
authorization by the City Manager. The City Form, “Travel Request
and/or Advance,” shall be used to document authorization, and may be
obtained in the Finance Department.
5.0.2.2 Travel trips of one day or less shall not require a pre-
approved “Travel Request and/or Advance” if no advance is requested,
but the second part of the Form covering conference update reporting
must be completed, if applicable, upon return.
5.0.3 Travel Expenses. Appointed officials may provide their own funding and
file claims for reimbursement, or may apply for an advance of public funds by
utilizing the “Travel Request and/or Advance” Form. All requests for advance
of travel funds are to be submitted through the approving authority to the
Finance Department at least five (5) working days before the intended date of
departure. All advances must be properly accounted for based on actual and
necessary expenses incurred, upon termination of travel for which the advance
483
Resolution No. 2019 – xxx
Personnel Policy for Members Appointed to City Boards, Commissions, and Committees
Adopted:
Page 12 of 14
was made. Advance payments do not constitute approval to spend the entire
amount advanced. Only actual and necessary expenses, as further limited by
the specific provisions of this Policy, will be paid from City funds.
5.0.4 Transportation. Appointed Officials should attempt to travel by the
means most economical to the City, consistent with scheduling needs and
cargo space. In selecting a particular method of transportation, consideration
shall be given for the total cost to the City which will result, including actual
transportation costs. In the event that a more expensive transportation form
is used, the cost borne by the City will be limited to the cost of the most
economical, direct, efficient and reasonable transportation form, unless
otherwise approved. Government and group rates must be used when
available.
5.0.4.1 Air Travel and Automobile Rental
a.Coach Class Air Travel. Reimbursement shall be made for
coach air travel if the cost of such air travel is competitive
with other passenger airlines' coach airfares.
b.Rail Travel. Reimbursement shall be made for coach rail
travel if the cost of such rail travel is competitive with other
coach rail travel fares.
c.Taxi/Ride-hailing Service. Charges for taxi/Uber/Lyft
service are reimbursable if such transportation is the most
economical, practicable and efficient mode of
transportation available under the circumstances. Portions
of taxi charges that are related to excessive tips (i.e., in
excess of 15%) will not be reimbursed.
d.Shuttle Service. Charges for shuttle service are
reimbursable if such transportation is the most
economical, practicable and efficient mode of
transportation available under the circumstances.
e.Bus Fare. Charges for bus service are reimbursable if such
transportation is the most economical, practicable and
efficient mode of transportation available under the
circumstances.
f.Vehicle Rental. Charges for vehicle rental are reimbursable
if such transportation is the most economical, practicable
and efficient mode of transportation available under the
circumstances. When determining the type of rental car to
be used, consideration should be given to the economic
standards set forth in this policy and the appropriate use
and stewardship of City funds.
g.Chartered Travel. Use of chartered travel shall be
reimbursable if such transportation is the most
economical, practicable and efficient mode of
transportation available under the circumstances.
h.Airport parking may be used during travel on official City
Business and is reimbursable with receipts.
484
Resolution No. 2019 – xxx
Personnel Policy for Members Appointed to City Boards, Commissions, and Committees
Adopted:
Page 13 of 14
5.0.5 Lodging. Appointed Official lodging expenses will be reimbursed or paid
when travel associated with training or related activities reasonably requires
an overnight stay. Lodging shall be obtained at the most economical rate
available for safe, clean, convenient, and quality accommodations. If such
lodging is in connection with a conference, lodging expenses must not exceed
the group rate published by the conference sponsor for the meeting in question
if such rates are available at the time of booking. Travelers must request
government rates, when available.
5.0.6 Meals. Meals are allowable at actual costs, including reasonable tips and
room service charges not to exceed $75 per day.
Expense claims for meals shall include the following 5.0.6.1
information:
a.Date expense incurred;
b.Name of the Appointed Official; and
c.Purpose of the meeting.
5.0.6.2 Itemized meal receipts are required.
5.0.7 Other Allowable Expenses. The following expenses shall be permissible, subject
to other provisions of this policy to the extent that they are actual and
necessary:
a.Incidental transportation expenses, such as ferry fares; bridge,
toll road and vehicle parking fees;
b.Telephone, facsimile charges, and business center use for official
City Business; and
c.Reasonable fees and tips paid to waiters, porters, baggage
handlers, bellhops, hotel maids, and other service personnel.
5.0.8 Non-Allowable Expenses. Personal expenses are not allowable, and will not be
reimbursed. These may include, but are not limited to:
a.Fines for traffic violations;
b.Private automobile repairs;
c.Expenses of any persons accompanying the person subject to this
Policy on the trip;
d.Purchase of personal items;
e.Fitness/Health Facilities; and
f.Alcohol.
5.0.9 Settlement of Expenses. Appointed Officials are responsible for the accurate
preparation of their claims, and the responsibility of omission or commission
cannot be shifted to another individual. A “Travel Expense Report” (obtainable
in the Finance Department) substantiated by receipts which verify the claimed
expenditures as being an actual expense, must be submitted to the City
485
Resolution No. 2019 – xxx
Personnel Policy for Members Appointed to City Boards, Commissions, and Committees
Adopted:
Page 14 of 14
Manager within ten (10) days of the expense being incurred, or the end of the
trip, whichever is later. Inability to provide such documentation in a timely
fashion may result in the expense being borne by the Appointed Official. All
expenses are subject to verification that they comply with this Policy.
Pursuant to state law, Travel Expense Reports are public records.
486
City of La Quinta
CITY COUNCIL MEETING: July 2, 2019
STAFF REPORT
AGENDA TITLE: APPROVE CANCELLING THE REGULAR CITY
COUNCIL MEETINGS OF AUGUST 20 AND SEPTEMBER 3, 2019
RECOMMEDATION
Approve cancelling the regular City Council meetings of August 20 and
September 3, 2019.
EXECUTIVE SUMMARY
Council traditionally modifies its meeting schedule during summer
months if there are no known time-sensitive matters requiring Council
action.
Advance notice of cancelled meetings allows Councilmembers, Staff, and
the public to properly plan for deadlines and workflow.
FISCAL IMPACT
There would be a cost savings consisting of the time and materials associated
with production of agenda packets.
BACKGROUND/ANALYSIS
The recommended summer meeting schedule is as follows:
July 16 regular meeting
August 6 regular meeting
August 20 CANCELLED
September 3 CANCELLED
September 17 regular meeting
Should a pressing situation or matter require Council direction or action before
the next regular meeting, a special meeting will be called.
ALTERNATIVES
Council may select alternate dates for cancelled meetings, cancel only one
meeting, cancel more than two meetings, or cancel no meetings.
Prepared by: Monika Radeva, City Clerk
Approved by: Jon McMillen, City Manager
BUSINESS SESSION ITEM NO. 5
487
488
City of La Quinta
CITY COUNCIL MEETING: July 2, 2019
STAFF REPORT
AGENDA TITLE: DISCUSS FUTURE ART EVENTS IN LA QUINTA
RECOMMENDATION
Discuss and provide direction to staff regarding future art events in La Quinta.
EXECUTIVE SUMMARY
•On June 13, 2019 the La Quinta Arts Foundation notified the City they will
not produce the La Quinta Arts Festival in March 2020 or thereafter.
•Since that announcement, several members of the community have
voiced strong support for an event to be hosted in La Quinta.
•Also, several fine art event producers expressed interest to produce an
art event on March 5-8, 2020, when the La Quinta Arts Festival would
normally take place.
•Staff is seeking input and confirmation from Council on the next steps to
secure future art events.
FISCAL IMPACT
None.
BACKGROUND/ANALYSIS
La Quinta is nationally recognized for its ability to attract artists and patrons
from around the world who support the local economy. At the same time,
there are many local artists who call La Quinta home because of its natural
beauty and commitment to the arts. In addition, the City’s Civic Center
Campus and SilverRock Event Site are well suited as venues for fine art
festivals and other events.
With that in mind, staff has identified the next series of action items to secure
a fine art event producer, create opportunities for local artists, and expand art
experiences throughout the month of March, with a new fine art event taking
place on March 5-8, 2020.
STUDY SESSION ITEM NO. 1
489
The action items are as follows:
•Issuing a press release signaling to the arts community and residents
that an event will take place on the above dates.
•Hold a community workshop on July 10, 2019 from 5:30 p.m. to 7:00
p.m. to receive feedback on future art events.
•Incorporating community workshop feedback into a Request for
Proposals (RFP) that will be issued to non-profits and art event
producers.
•Present a signature fine art event producer and other art event
opportunities to the Council in early August 2019.
Selection must be completed by August in order to provide the new event
producer ample time to successfully execute the event(s). Following selection
of a new event producer, staff will provide regular updates to the community
regarding the process and continue to receive input from the public.
ALTERNATIVES
Provide direction to staff focusing on other art opportunities or elect not to
go through this process.
Prepared by: Chris Escobedo, Director of Community Resources
Approved by: Jon McMillen, City Manager
490
HAND OUTS
CITY COUNCIL
MEETING
JULY 2, 2019
CITY COUNCIL MEETING – JULY 2, 2019; PUBLIC COMMENT ON MATTER NOT ON THE AGENDA
HIGHWAY 111 CORRIDOR SIGNAGE BY RESIDENT STEVE CHERRY
CITY COUNCIL MEETING – JULY 2, 2019; PUBLIC COMMENT ON MATTER NOT ON THE AGENDA
HIGHWAY 111 CORRIDOR SIGNAGE BY RESIDENT STEVE CHERRY
CITY COUNCIL MEETING – JULY 2, 2019; PUBLIC COMMENT ON MATTER NOT ON THE AGENDA
HIGHWAY 111 CORRIDOR SIGNAGE BY RESIDENT STEVE CHERRY
CITY COUNCIL MEETING – JULY 2, 2019; PUBLIC COMMENT ON MATTER NOT ON THE AGENDA
HIGHWAY 111 CORRIDOR SIGNAGE BY RESIDENT STEVE CHERRY
CITY COUNCIL MEETING – JULY 2, 2019; PUBLIC COMMENT ON MATTER NOT ON THE AGENDA
HIGHWAY 111 CORRIDOR SIGNAGE BY RESIDENT STEVE CHERRY
CITY COUNCIL MEETING – JULY 2, 2019; PUBLIC COMMENT ON MATTER NOT ON THE AGENDA
HIGHWAY 111 CORRIDOR SIGNAGE BY RESIDENT STEVE CHERRY
CITY COUNCIL MEETING – JULY 2, 2019; PUBLIC COMMENT ON MATTER NOT ON THE AGENDA
HIGHWAY 111 CORRIDOR SIGNAGE BY RESIDENT STEVE CHERRY
CITY COUNCIL MEETING – JULY 2, 2019; PUBLIC COMMENT ON MATTER NOT ON THE AGENDA
HIGHWAY 111 CORRIDOR SIGNAGE BY RESIDENT STEVE CHERRY
CITY COUNCIL MEETING – JULY 2, 2019; PUBLIC COMMENT ON MATTER NOT ON THE AGENDA
HIGHWAY 111 CORRIDOR SIGNAGE BY RESIDENT STEVE CHERRY
CITY COUNCIL MEETING – JULY 2, 2019; PUBLIC COMMENT ON MATTER NOT ON THE AGENDA
HIGHWAY 111 CORRIDOR SIGNAGE BY RESIDENT STEVE CHERRY
CITY COUNCIL MEETING - JULY 2, 2019; HAND-OUT BU JENNIFER HENKE WITH CVMVCD
PRESENTATION NO. 1 - WEST NILE REPONSE AND PROGRAM UPDATE
CITY COUNCIL MEETING - JULY 2, 2019; HAND-OUT BU JENNIFER HENKE WITH CVMVCD
PRESENTATION NO. 1 - WEST NILE REPONSE AND PROGRAM UPDATE
RESOLUTION NO. 2019 – xxx
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, ADOPTING
PERSONNEL POLICY FOR ELECTED OFFICIALS
WHEREAS, pursuant to accepted practices many cities follow, it is in
the best interest of the City to adopt distinct personnel policy for Elected
Officials and persons who are appointed to an Elected Official position by the
City Council for the City of La Quinta; and
WHEREAS, this resolution approves a separate manual specific to
Elected Officials; and
WHEREAS, substantively, the regulations applicable to Elected Officials
are also applicable to City employees pursuant to the City’s Personnel Policies
and Procedures approved by Council on June 18, 2019; and
WHEREAS, all prior resolutions approving personnel policies for Elected
Officials are hereby superseded by the revised City of La Quinta Elected
Officials Personnel Policy attached hereto as “Exhibit A.”
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of La Quinta, California, as follows:
SECTION 1. The City Council hereby adopts regulations that govern
Elected Officials as set forth in the attached City of La Quinta Elected Officials
Personnel Policy as “Exhibit A” incorporated hereto by this reference.
SECTION 2. This resolution supersedes all prior resolutions adopting
personnel policies applicable to Elected Officials.
SECTION 3. This resolution shall go into effect upon adoption.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta City Council held on this day of July, 2019, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
457
CITY COUNCIL MEETING - JULY 2, 2019; HAND-OUT BY STAFF
BUSINESS SESSION ITEM NO. 4 - PERSONNEL POLICY FOR ELECTED OFFICIALS
REVISED RESOLUTION AND EXHIBIT
Resolution No. 2019 – xxx
Elected Officials Personnel Policy
Adopted: (date)
Page 2 of 16
________________________
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
___________________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
___________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
458
Resolution No. 2019 – xxx
Elected Officials Personnel Policy
Adopted: (date)
Page 3 of 16
CITY OF LA QUINTA
ELECTED OFFICIALS PERSONNEL POLICY
The following regulations are applicable to all City of La Quinta elected officials and
persons who are appointed to an Elected Official position by the City Council.
1.0 EQUAL EMPLOYMENT, DISCRIMINATION, HARASSMENT, AND ANTI-
BULLYING POLICY
The City prohibits any form of discrimination or harassment on the basis of
membership in one or more protected categories as defined below, and as may be
amended by State and Federal law. The City will NOT tolerate any unlawful
harassment or discrimination. Violation of this Policy may result in censorship or
removal from an appointed office or position on which the elected official may serve.
Protected categories include race, religion, color, sex (including gender, gender
identity, gender expression, pregnancy, and breastfeeding), sexual orientation
(including heterosexuality, homosexuality, and bisexuality), national origin, ancestry,
marital status, age, medical condition, genetic characteristics or information, and
physical or mental disability, or any other category protected by law.
Elected officials are prohibited from harassing or discriminating against applicants,
officers, officials, employees, or contractors because of: (1) an individual’s
membership in a protected category; (2) the perception that an individual is a
member of a protected category; or (3) the individual’s association with a person
who is perceived to be a member of a protected category.
Any form of retaliation against a person for filing a complaint or participating in the
complaint resolution process is prohibited. Individuals found to be retaliating in
violation of this policy will be subject to appropriate sanctions.
1.0.1 Definitions
1.0.1.1 Harassment: Unwelcome conduct based on membership in
a protected category that unreasonably interferes with an individual’s
job performance, or creates an intimidating, hostile or offensive work
environment. Behavior that constitutes harassment may include, but is
not limited to:
459
CITY COUNCIL MEETING – JULY 2, 2019; HAND-OUT BY GARY HEATH STUDY
SESSION ITEM NO. 1 - FUTURE ART EVENTS
IN LA QUINTA
CITY COUNCIL MEETING – JULY 2, 2019; HAND-OUT BY GARY HEATH STUDY
SESSION ITEM NO. 1 - FUTURE ART EVENTS
IN LA QUINTA
CITY COUNCIL MEETING – JULY 2, 2019; HAND-OUT BY GARY HEATH STUDY
SESSION ITEM NO. 1 - FUTURE ARTEVENTS
IN LA QUINTA
CITY COUNCIL MEETING – JULY 2, 2019; HAND-OUT BY GARY HEATH STUDY
SESSION ITEM NO. 1 - FUTURE ART EVENTS
IN LA QUINTA
POWER POINTS
CITY COUNCIL
MEETING
JULY 2, 2019
City Council Meeting ‐ July 2, 2019
1
City Council Meeting
July 2, 2019
City Council Meeting
July 2, 2019
Public Comment by Steve Cherry
Highway 111 Corridor Signage
City Council Meeting ‐ July 2, 2019
2
City Council Meeting ‐ July 2, 2019
3
City Council Meeting
July 2, 2019
P1 – Coachella Valley Mosquito Vector and
Control District re West Nile
Protecting Public Health Since 1928Protecting Public Health Since 1928
Coachella Valley Mosquito and
Vector Control District
West Nile Response and Programs Update
July 2, 2019
Jennifer A. Henke, M.S.
Laboratory Manager
City Council Meeting ‐ July 2, 2019
4
Protecting Public Health Since 1928Protecting Public Health Since 1928
Outline
•What does our District do?
•Current work on West Nile virus in La Quinta
•What can we do together to achieve our common goal of
protecting La Quinta residents?
Protecting Public Health Since 1928Protecting Public Health Since 1928
Mosquitoes need water
City Council Meeting ‐ July 2, 2019
5
Protecting Public Health Since 1928Protecting Public Health Since 1928
Find the Mosquito
Protecting Public Health Since 1928Protecting Public Health Since 1928
Response Plan - Risk Model
•Positive mosquito samples
•Abundance of mosquitoes
•Temperature (previous 2 weeks)
•Positive dead birds
•Human cases
Normal Season 1.0 – 2.5
Emergency Planning 2.6 – 4.0
Epidemic Conditions 4.1 – 5.0
City Council Meeting ‐ July 2, 2019
6
Protecting Public Health Since 1928Protecting Public Health Since 1928
A record year of virus activity
0
2
4
6
8
1/112/113/114/115/116/117/118/119/1110/1111/1112/11West Nile virus mosquito samples
5‐year average
Protecting Public Health Since 1928Protecting Public Health Since 1928
A record year of virus activity
0
20
40
60
80
100
120
1/1 2/1 3/1 4/1 5/1 6/1 7/1 8/1 9/110/111/112/1
West Nile virus mosquito samples
5‐year average 2019
City Council Meeting ‐ July 2, 2019
7
Protecting Public Health Since 1928Protecting Public Health Since 1928
West Nile Virus activity by area
0
10
20
30
40
50
60
early May late May early June late June
Bermuda Dunes Cathedral City Coachella
Indio La Quinta Mecca
Northshore Oasis Palm Desert
Protecting Public Health Since 1928Protecting Public Health Since 1928
City Council Meeting ‐ July 2, 2019
8
Protecting Public Health Since 1928Protecting Public Health Since 1928
La Quinta
Protecting Public Health Since 1928Protecting Public Health Since 1928
Enhanced Surveillance, Control, Outreach
•Increased adult mosquito trapping and virus testing
•Increased staff in area of positive mosquito samples to inspect
and treat known and new breeding sites; control applications
•Targeted outreach – media release, notification of City Clerk,
posting in neighborhoods, sent fliers to HOAs, golf courses and
Country Clubs to distribute to residents and patrons.
City Council Meeting ‐ July 2, 2019
9
Protecting Public Health Since 1928Protecting Public Health Since 1928
What YOU can Do
Prevent mosquitoes around your home:
•Inspect yards for standing water sources and drain water every week
–potted plants,
–bird baths,
–discarded tires,
–and any other items that could collect water.
•Check your rain gutters and lawn drains
•Check your irrigation system for leaks and overspray
•Clean and scrub bird baths and pet watering dishes weekly.
•Check and clean any new potted plant containers that you bring home because they may have mosquito eggs.
–Some mosquito eggs can remain viable in dry areas for months.
Protecting Public Health Since 1928Protecting Public Health Since 1928
What YOU can Do
Prevent mosquito bites:
•Avoid going outside in the hours around dawn and dusk when mosquitoes that can transmit West Nile virus are most active.
•Wear EPA registered mosquito repellents
–DEET
–picaridin,
–oil of lemon eucalyptus, or
–IR3535
•Wear long sleeve shirts, long pants, socks and shoes when mosquitoes are most active.
•Be sure window and door screens are in good repair to prevent mosquitoes from entering your home.
City Council Meeting ‐ July 2, 2019
10
Protecting Public Health Since 1928Protecting Public Health Since 1928
What can La Quinta and CVMVCD do?
•Educate residents about
overwatering and how to reduce
standing water.
•Work together on maintenance
of problem sites.
•Install retro-fits to prevent
mosquitoes from laying eggs.
•Use good design principles to
prevent problems.
Protecting Public Health Since 1928Protecting Public Health Since 1928
Fight the Bite. Together!
Coachella Valley Mosquito
and Vector Control District
www.cvmosquito.org
760 342 8287
Monday – Friday
7:30 – 4:30
City Council Meeting ‐ July 2, 2019
11
City Council Meeting
July 2, 2019
B1 –Greater Coachella Valley Chamber of
Commerce Memorandum of Understanding
City Council Meeting ‐ July 2, 2019
12
2019/20 Proposal
•The Gem Magazine - $86,750
–Six full pages monthly
–Magazine style
•State of the City - $8,500
–October 2019
–GCVCC would stage event
–City staff to design/approve format/content
2019/20 Proposal
•Hot Rod & Custom Car Show - $5,000
–Title sponsorship
•Dinner Under the Glow (NEW) - $0
–City would provide event location
City Council Meeting ‐ July 2, 2019
13
2019/20 Proposal
FY 19/20 Total: $100,250
FY 18/19 Total: $115,000
Difference of $14,750
Questions?
City Council Meeting ‐ July 2, 2019
14
City Council Meeting
July 2, 2019
B2 – JNS Next Contract
City Council Meeting ‐ July 2, 2019
15
Purpose
•Provide digital advertising and
public relations services through
2022
Overview
•3-year contract
•Not-to-exceed $500,000
•Services include:
•Search engine optimization
•Pay Per Click Campaign
•Digital ads: social, web, & mobile
•Website hosting
•Public relations
City Council Meeting ‐ July 2, 2019
16
Updated Fiscal Impact
Annual expenses for JNS are estimated at a base cost of
$103,500 per fiscal year. The total cost for the three-
year contract term would not exceed $500,000.
The 2019/20 Marketing and Tourism Promotions (101-
3007-60461) includes funds for this year. Future costs
would be budgeted in subsequent fiscal years.
Questions?
City Council Meeting ‐ July 2, 2019
17
City Council Meeting
July 2, 2019
B3– Information Technology Services
Agreement for Acorn Technologies
City Council Meeting ‐ July 2, 2019
18
Background
•February and May 2019 solicited RFP
•8 proposals received
•Acorn highest ranked most qualified
Bid Results
Firm Yearly Contract Amount
Acorn $228,600
AMS Connect $340,000
Apex $246,000
ConvergeOne $491,106
Exigent $245,500
Intelesys One $426,240
SHI Did not price correctly
VPLS $370,404
City Council Meeting ‐ July 2, 2019
19
Proposed Services
•2 onsite staff/ 27/4 helpdesk service
•Information Technology
•Network maintenance
•Procurement services
•Disaster preparedness
Expertise
•Comprehensive project knowledge
•Proven municipal experience
•Provide flexibility
•Quality service
•Offsite disaster resources
City Council Meeting ‐ July 2, 2019
20
Acorn Costs
Year Monthly Base Annual Base Additional Projects Not to Exceed
2019/20 $19,050 $228,600 $101,400 $330,000
2020/21 19,050 228,600 101,400 330,000
2021/22 19,050 228,600 101,400 330,000
Initial 3‐Year Term 685,800$ $304,200 $990,000
2022/23 20,002 240,024 89,976 330,000
2023/24 20,002 240,024 89,976 330,000
Optional 2‐Year Extension $480,048 179,952 $660,000
Total Contract Not to Exceed 1,165,848$ $484,152 $1,650,000
Additional Projects
•Special Projects:
–IT infrastructure upgrades
–Assessments
–Security scans
•After Hour Billing:
–Staffing for City Council, Housing Authority, and various City
boards and commission meetings
–Various after hour calls
–Projects outside the scope of normal working hours
City Council Meeting ‐ July 2, 2019
21
Questions
City Council Meeting ‐ July 2, 2019
22
City Council Meeting
July 2, 2019
S1 – Future Art Event
Background
•LQAF cancelled event
•Community/Artists support a new event
•Strong interest from art show producers
City Council Meeting ‐ July 2, 2019
23
Purpose - Art Opportunity
•Save the date March 5‐8, 2020
•Hold Community Workshop on July 10, 2019
•Issue RFP by July 11th
•Council selection August 6th