Loading...
2019 08 06 CouncilCITY COUNCIL AGENDA 1 AUGUST 6, 2019 CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBER 78495 Calle Tampico, La Quinta REGULAR MEETING ON TUESDAY, AUGUST 6, 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.CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1); NAME OF CASE: LA QUINTA POLO ESTATES ASSOCIATION, INC. V CITY OF LA QUINTA, ET AL. RIVERSIDE COUNTY SUPERIOR COURT CASE NO. PSC1900574 2.CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 FOR PROPERTIES LISTED BELOW; CITY NEGOTIATOR: JON MCMILLEN, CITY MANAGER NEGOTIATING PARTIES: OWNERS LISTED BELOW UNDER CONSIDERATION: PRICE AND TERMS OF PAYMENT City Council agendas and staff reports are available on the City’s web page: www.LaQuintaCA.gov CITY COUNCIL AGENDA 2 AUGUST 6, 2019 1.46400 DUNE PALMS ROAD; APN 600-030-010 (PORTION) – CHIN FAMILY PROPERTIES LP – OWNER 2. 46400 DUNE PALMS ROAD; APN 600-030-010 (SPACE 1 MOBILE HOME COACH) – IVETTE ONTIVEROS – OWNER 3. 46400 DUNE PALMS ROAD, APN 600-030-010 (SPACE 31 MOBILE HOME COACH) – HILDA BEDOLLA – OWNER 4. APN 600-030-018 (PORTION) – DWCG1, LLC – OWNER 5. 79440 CORPORATE CENTER DRIVE; APN 600-390-033 (PORTION) – JAMES R. PAUL AND SHARON L. PAUL, TRUSTEES – OWNER 3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OR (3) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9 (NUMBER OF POTENTIAL CASES: 1) 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.CITY OF LA QUINTA’S JPIA 2019 RISK MANAGEMENT AWARD FOR BEST OVERALL PERFORMANCE WORKERS’ COMPENSATION PROGRAM 2.DESERT CENTER LEGAL PUBLIC EDUCATION NON-PROFIT PRESENTATION BY PATRICK DOLAN, ESQ. 3.INTRODUCE SUMMER INTERN PROGRAM PARTICIPANTS CONSENT CALENDAR NOTE: Consent Calendar items are routine in nature and can be approved by one motion. PAGE 1. APPROVE SPECIAL MEETING – COMMUNITY WORKSHOP “FUTURE ART EVENT” MINUTES OF JULY 10, 2019 9 CITY COUNCIL AGENDA 3 AUGUST 6, 2019 2.APPROVE MINUTES OF JULY 16, 2019 15 3. AUTHORIZE OVERNIGHT TRAVEL FOR MARKETING SPECIALIST TO ATTEND REGAN COMMUNICATIONS’ BRAND STORYTELLING AND CONTENT MARKETING CONFERENCE IN ANAHEIM, CALIFORNIA, SEPTEMBER 18-20, 2019 29 4. APPROVE DEMAND REGISTERS DATED JULY 12, 19, AND 26, 2019 31 5. APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE, AND ADVERTISE FOR BID THE FISCAL YEAR 2019/2020 PAVEMENT MANAGEMENT PLAN SLURRY SEAL IMPROVEMENTS LOCATED ON AVENUE 54, MADISON STREET, AND AVENUE 58 (PROJECT NO. 2019-10) 53 6. AWARD CONTRACT TO DBX, INC IN THE AMOUNT OF $1,612,316 FOR THE HIGHWAY SAFETY IMPROVEMENT PROGRAM CITYWIDE FIBER OPTIC SIGNAL INTERCONNECT PROJECT (PROJECT NO. 2016-02) FOR FIBER OPTIC INTERCONNECT CONSTRUCTION SERVICES TO UPGRADE TRAFFIC SIGNAL COMMUNICATION 57 7. AWARD CONTRACT TO HARDY & HARPER, INC IN THE AMOUNT OF $227,006 FOR 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) 63 8. AWARD CONTRACT TO URBAN HABITAT IN THE AMOUNT OF $4,218,880; AND APPROVE CITY RESTROOM PURCHASE TO ROMTEC IN THE AMOUNT OF $234,138 FOR THE SILVERROCK PARK VENUE PROJECT LOCATED ON THE SOUTHEAST CORNER OF SILVERROCK WAY AND AVENUE 52 (PROJECT NO. 2016-08) 69 9. ACCEPT PAVEMENT MANAGEMENT PLAN FISCAL YEAR 2018/19 AVENUE 52 PAVEMENT REHABILITATION AND MISCELLANEOUS STRIPING MODIFICATIONS PROJECT LOCATED ON AVENUE 52 (PROJECT NO. 2018-07) 89 10. AUTHORIZE PURCHASES WITH PALMS TO PINES PRINTING FOR UP TO $90,000 FOR FISCAL YEAR 2019/20 93 11. AUTHORIZE CONTRACTING WITH VINTAGE ASSOCIATES, INC FOR UP TO $184,200 OF ADDITIONAL WORK FOR FISCAL YEAR 2019/20, WHEN VINTAGE ASSOCIATES, INC IS THE QUALIFIED AND/OR LOWEST BID 95 CITY COUNCIL AGENDA 4 AUGUST 6, 2019 97 99 101 137 215 223 12.AUTHORIZE CONTRACTING WITH PWLC II, INC FOR UP TO $150,000 OF ADDITIONAL WORK FOR FISCAL YEAR 2019/20, WHEN PWLC II, INC IS THE QUALIFIED AND/OR LOWEST BID 13.AUTHORIZE CONTRACTING WITH CREATIVE LIGHTING & ELECTRICAL, INC. FOR UP TO $150,000 OF ADDITIONAL WORK FOR FISCAL YEAR 2019/20, WHEN CREATIVE LIGHTING & ELECTRICAL, INC. IS THE QUALIFIED AND/OR LOWEST BID 14.APPROVE AGREEMENT FOR CONTRACT SERVICES WITH TERRA NOVA PLANNING & RESEARCH, INC. FOR ON-CALL PLANNING SERVICES 15.ADOPT RESOLUTION TO APPROVE SECOND EXTENSION OF TIME FOR SITE DEVELOPMENT PERMIT 2014-1003 AND TENTATIVE TRACT MAP 36744, FOR THE ESTATES AT GRIFFIN LAKE DEVELOPMENT, LOCATED ON THE SOUTH SIDE OF AVENUE 54, ONE QUARTER MILE EAST OF MADISON STREET [RESOLUTION NO. 2019-032] 16.AUTHORIZE SUBMISSION OF GRANT APPLICATION FOR NATIONAL ENDOWMENT FOR THE ARTS’ OUR TOWN CREATIVE PLACEMAKING PROGRAM TO INTEGRATE ART AND CULTURE INTO COMMUNITY PROJECTS 17.APPROVE GRANT OF EASEMENT TO SOUTHERN CALIFORNIA GAS COMPANY FOR GAS LINES TO THE ADJOINING PROPERTY FOR THE CONSTRUCTION OF THE RESIDENCE INN BY MARRIOTT 18.APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE, AND ADVERTISE FOR BID THE CALLE TECATE PARKING LOT IMPROVEMENTS (PROJECT NO. 2019-13) 233 BUSINESS SESSION PAGE 1. INTERVIEW AND SELECT AN EVENT PRODUCER TO PRODUCE A SIGNATURE ART EVENT ON MARCH 5-8, 2020 AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE CONTRACT FOR SERVICES 239 2. APPROPRIATE FUNDS AND AWARD CONTRACT TO SHARK POOLS FOR CLEANING AND MAINTENANCE SERVICES OF FRITZ BURNS POOL, LA QUINTA PARK WATER FEATURE, AND MISTER SYSTEMS 367 3. APPROPRIATE FUNDS TO LEASE A NEW PUBLIC WORKS MAINTENANCE TRAILER FROM PACIFIC MOBILE, INC. 405 CITY COUNCIL AGENDA 5 AUGUST 6, 2019 STUDY SESSION - None PUBLIC HEARINGS – after 5:00 p.m. For all Public Hearings on the agenda, a completed “Request to Speak” form must be filed with the City Clerk prior to consideration of that item. A person may submit written comments to City Council before a public hearing or appear in support or opposition to the approval of a project(s). If you challenge a project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City at, or prior to the public hearing. PAGE 1.ADOPT RESOLUTION TO APPROVE AND ADOPT THE RELOCATION PLAN PREPARED FOR THE ACQUISITION OF PERMANENT ROADWAY AND PUBLIC UTILITY EASEMENT INTERESTS IN A PORTION OF CERTAIN REAL PROPERTY IDENTIFIED AS ASSESSOR PARCEL NO 600-030-010, 46400 DUNE PALMS ROAD, LOCATED IN LA QUINTA, RIVERSIDE COUNTY, CALIFORNIA, FOR THE DUNE PALMS ROAD BRIDGE PROJECT (PROJECT NO. 2011-05/111205) [RESOLUTION NO. 2019-033] 421 DEPARTMENTAL REPORTS 1. CITY MANAGER 2. CITY ATTORNEY 3. CITY CLERK 4. COMMUNITY RESOURCES A. COMMUNITY PROGRAMS & WELLNESS 491 B. LIBRARY 495 C. MUSEUM 501 D. HUMAN RESOURCES 505 E. CODE COMPLIANCE 507 F. EMERGENCY MANAGEMENT 513 5. DESIGN AND DEVELOPMENT 6. FACILITIES 7. FINANCE 8. POLICE – QUARTERLY REPORT APRIL – JUNE 2019 515 9. FIRE – QUARTERLY REPORT APRIL – JUNE 2019 521 MAYOR’S AND COUNCIL MEMBERS’ ITEMS CITY COUNCIL AGENDA 6 AUGUST 6, 2019 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) 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 September 17, 2019 at 4:00 p.m. at the City Hall Council Chambers, 78495 Calle Tampico, La Quinta, CA 92253. CITY COUNCIL AGENDA 7 AUGUST 6, 2019 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 August 2, 2019. DATED: August 2, 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 MINUTES Page 1 of 5 JULY 10, 2019 COMMUNITY WORKSHOP SPECIAL MEETING FUTURE ART EVENTS IN LA QUINTA CITY COUNCIL MINUTES SPECIAL MEETING COMMUNITY WORKSHOP FUTURE ART EVENTS IN LA QUINTA WEDNESDAY, JULY 10, 2019 CALL TO ORDER A special meeting of the La Quinta City Council was called to order at 5:32 p.m. by Mayor Evans. PRESENT: Councilmembers Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans ABSENT: None PARTICIPANTS SIGNED IN: 76 CITY STAFF PRESENT: 7 PLEDGE OF ALLEGIANCE Councilmember Radi led the audience in the Pledge of Allegiance. CONFIRMATION OF AGENDA – Confirmed. Mayor Evans welcomed all participants and explained the purpose of the special meeting community workshop. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA PUBLIC SPEAKER: Sandi Cottrell, Event Producer, ArtWalk San Diego - introduced herself and her team; and expressed their interest in producing the new art event in La Quinta. PUBLIC SPEAKER: Kay Wolff, La Quinta – spoke of the art festival’s inception and history; cost for producing the event, and the importance that the event producer is fiscally sound; the roles and responsibilities of the event producers and the City; and explained the difference between volunteering for an event producer versus volunteering for the City, and the difference in requirements in order to qualify for each one. CONSENT CALENDAR ITEM NO. 1 9 CITY COUNCIL MINUTES Page 2 of 5 JULY 10, 2019 COMMUNITY WORKSHOP SPECIAL MEETING FUTURE ART EVENTS IN LA QUINTA ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS – None. STUDY SESSION 1. COMMUNITY WORKSHOP – FUTURE ART EVENTS IN LA QUINTA Mayor Evans introduced new City Manager McMillen, who welcomed the participants and spoke about his passion for art and his artistic upbringing. Workshop participants introduced themselves by stating their name and affiliation with the City; artist, resident, event producer, business owner, or City staff. COUNCILMEMBER PEÑA LEFT THE MEETING AT 6:00 P.M. Mayor Evans spoke about the importance of continuing the legacy of the La Quinta Arts Festival, and the ability to introduce new art events if feasible for the community. Community Resources Director Escobedo presented the proposed timeline for the March 5 – 8, 2020 art event, consisting of publishing a Request for Proposals (RFP) on July 11, 2019 to select an art event producer; proposal submittal period – July 11 – 24, 2019, conduct interviews July 25 – 26, 2019, and Council consideration at the August 6, 2019, regular meeting. PUBLIC SPEAKER: Bob Fleming, La Quinta - asked if event producers present at the meeting would address the attendees. Community Resources Director Escobedo said all attendees, including event producers, will provide ideas and recommendations as part of the group exercises; all participants can elect to provide public comments; and event producers will have the opportunity to respond to the RFP. Community Resources Analyst Torres gave a high-level overview on the importance to establish a clear scope of services for the RFP. GROUP EXERCISE NO. 1 Community Resources Manager Calderon asked participants at each table to collaboratively list and rank: 1) five attributes they appreciate most about art events, and 2) five qualities to look for in an event producer; each group 10 CITY COUNCIL MINUTES Page 3 of 5 JULY 10, 2019 COMMUNITY WORKSHOP SPECIAL MEETING FUTURE ART EVENTS IN LA QUINTA selected a spokes-person and reported out the three ranked highest (Attachment 1). Community Resources Director Escobedo said the 2020 art event will likely be held at the Civic Center Campus; however, going forward it may transition to the future SilverRock Event Site, which can also be used for other art events. PUBLIC SPEAKER: Haley Austin, Event Producer, Thunderbird Artists, AZ - spoke about the company’s experience and qualifications; expressed their interest in producing the art event; and welcomed open dialogue with attendees after the workshop. GROUP EXERCISE NO. 2 Community Resources Director Escobedo asked participants at each table to collaboratively list and rank five names for the new art event; each group selected a spokes-person and reported out the three names ranked highest (Attachment 1). PUBLIC SPEAKER: Edward Armendarez, La Quinta - inquired if the next opportunity for community input will be at the August 6th City Council meeting. Staff affirmed. MAYOR’S AND COUNCIL MEMBERS’ ITEMS – None. ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Radi/Sanchez to adjourn the special meeting at 7:18 p.m. Motion passed: ayes (4), noes (0), absent (1 – Peña). Respectfully submitted, NICHOLE ROMANE, Deputy City Clerk City of La Quinta, California Attachment: 1. Report Out Summary of Group Exercises 11 CITY COUNCIL MINUTES Page 4 of 5 JULY 10, 2019 COMMUNITY WORKSHOP SPECIAL MEETING FUTURE ART EVENTS IN LA QUINTA REPORT OUT SUMMARY What you appreciate about art festivals:  Venue / easy to navigate / parking ✓  Jury – quality / integrity ✓✓  Variety of art medium / quality ✓✓✓  Quality of work ✓✓✓  Beautiful venue ✓  Visitor experience  Good relationship with City  Opportunity to sell art  Ambiance ✓  Branding  Local artist promotion  Art education in the community  Affordable - $0 commission  Marketing plan  Community involvement  Entertainment  Opportunity to meet artist  Inspire youth & artists  City visibility Qualities to look for in an event producer:  Experience / strong team✓✓✓✓✓✓✓  Financial backing / resources ✓✓  Marketing / promotion ✓✓✓✓  Accessibility to artist / community  Good relationship with City ✓✓  Local producer – Coachella Valley  Art expertise  Commitment  Transparency / integrity jury process ✓  Communication with artist & community ✓✓  Open to new ideas ATTACHMENT 1 12 CITY COUNCIL MINUTES Page 5 of 5 JULY 10, 2019 COMMUNITY WORKSHOP SPECIAL MEETING FUTURE ART EVENTS IN LA QUINTA Art Event Name:  Art La Quinta ✓  La Quinta International Arts Festival  La Quinta Art Fair  La Quinta Artfest  La Quinta Art in the Park  SilverRock  Artwalk La Quinta  Art in La Quinta  La Quinta Arts Affaire  La Quinta Artopia 13 14 CITY COUNCIL MINUTES Page 1 of 14 JULY 16, 2019 CITY COUNCIL MINUTES TUESDAY, JULY 16, 2019 CALL TO ORDER 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 PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None. CONFIRMATION OF AGENDA City Clerk Radeva stated City Attorney Ihrke will make a verbal announcement on Consent Calendar Item Nos. 4 and 5 regarding the salaries and fringe benefits of the City’s executive employees pursuant to Government Code Section 54953(c)(3). Mayor Evans requested that City Manager McMillen provide a status update on Consent Calendar Item No. 6 regarding SilverRock Way Infrastructure Street Improvements (Project No. 2014-13). Councilmember Peña said he will recuse himself from discussion and vote on Public Hearing Item No. 2 due to the proximity of his residence to the project. Council concurred. 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. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OR (3) OF SUBDIVISION (d) OF CONSENT CALENDAR ITEM NO. 2 15 CITY COUNCIL MINUTES Page 2 of 14 JULY 16, 2019 GOVERNMENT CODE SECTION 54956.9 (NUMBER OF POTENTIAL CASES: 1) COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:02 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 the following in accordance with the Brown Act:  Closed Session Item No. 1 – pursuant to Government Code Section 54957.1(a)(5) the Facilities Director has been dismissed pursuant to his at-will employment contract;  Closed Session Item No. 2 – pursuant to Government Code Section 54957.1(a)(6) labor negotiations have concluded, and the terms and conditions agreed upon with the La Quinta City Employee Association are to be considered and voted upon by the City Council in open session as Consent Calendar Item Nos. 4 and 5; and  Closed Session Item No. 3 – Council will continue consideration of this item after the open portion of the meeting. PLEDGE OF ALLEGIANCE Councilmember Fitzpatrick led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA PUBLIC SPEAKER: Brad Anderson, Rancho Mirage – spoke about the influx of West Nile mosquito epidemic in Riverside and Imperial Counties, and in the States of California and Arizona; said the mosquito and vector control regulating agencies are not doing their job in reducing mosquito counts; and the Coachella Valley Mosquito and Vector Control District’s (District) objective is to keep mosquito counts down to curve this epidemic; spoke of the regulating measures the District uses; and encouraged folks to contact the District if they get bitten by a West Nile mosquito, so that the source can be investigated and treated. PUBLIC SPEAKER: Martin Arredondo, Regional Development Coordinator with LifeStream Blood Bank – spoke in support of the nine-cities challenge blood drive slated for Saturday, July 27, 2019, from 8:30 a.m. to 2:30 p.m., at the La Quinta Wellness Center; thanked Council for their participation, and asked for their support in encouraging others to sign-up and participate; said there is a great need for blood donations as supply is limited; and noted if folks are not able to donate during the blood drive event, they have the option to donate 16 CITY COUNCIL MINUTES Page 3 of 14 JULY 16, 2019 at the LifeStream Blood Bank in La Quinta located at 79215 Corporate Center Drive. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. INTRODUCE SPECIAL ENFORCEMENT TEAM SERGEANT DAVID ALDRICH Riverside County Sheriff’s Department Lieutenant Tapp introduced Special Enforcement Team Supervisor Sergeant David Aldrich, who gave a brief presentation about his experience and qualifications. 2. PROCLAMATIONS – RECOGNITION OF SERVICE FOR OUTGOING COMMISSIONERS Council presented Proclamations to the following Commissioners in honor of their service and dedication to the La Quinta community:  Everett Long, Housing Commission;  Robert (Bob) Wright, Planning Commission;  Paul Quill, Planning Commission;  Dori Quill, Community Services Commission – the proclamation was accepted on her behalf by her husband Paul Quill;  Felice Chiapperini, Community Services Commission; and  Sherwyn Turbow, Financial Advisory Commission – was unable to attend because he was out of the country. 3. CITY OF LA QUINTA’S GENERAL FUND BALANCE AND RESERVE POLICY AWARD FOR EXCELLENCE BY THE GOVERNMENT FINANCE OFFICERS ASSOCIATION (GFOA) Council presented the City’s Finance Department Staff with the Award for Excellence issued by the GFOA for exceptionally well implemented GFOA best practices in establishing the City’s General Fund Balance and Reserve Policy. Staff commended the Financial Advisory Commission for their participation and contribution in establishing this policy. CONSENT CALENDAR 1. APPROVE MINUTES OF JULY 2, 2019 2. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED MAY 31, 2019 3. APPROVE DEMAND REGISTERS DATED JUNE 28 AND JULY 5, 2019 17 CITY COUNCIL MINUTES Page 4 of 14 JULY 16, 2019 4. ADOPT RESOLUTION TO APPROVE THE 2019/20 SALARY SCHEDULE AND AMENDMENT NO. 2 TO MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA QUINTA AND THE LA QUINTA CITY EMPLOYEES’ ASSOCIATION REAFFIRMING THE HEALTH BENEFIT CAP OF $1,709 PER EMPLOYEE PER MONTH [RESOLUTION NO. 2019-028] 5. ADOPT RESOLUTION TO APPROVE THE 2019/20 SALARY SCHEDULE, AND REAFFIRM THE HEALTH BENEFIT CAP OF $1,709 PER EMPLOYEE PER MONTH, FOR NON-REPRESENTED MANAGEMENT, CONTRACT, AND CONFIDENTIAL EMPLOYEES [RESOLUTION NO. 2019-029] 6. APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE, AND ADVERTISE FOR BID THE SILVERROCK WAY INFRASTRUCTURE STREET IMPROVEMENTS (PROJECT NO. 2014-13) CONSENT CALENDAR ITEM NOS. 4 AND 5 (subsequently revised as listed on page 6) City Attorney Irhke reported pursuant to Government Code Section 54953(c)(3), this announcement is to verbally report a summary of a recommendation for a final action on the salaries, salary schedules, and compensation paid in the form of fringe benefits to the City’s executive employees, as defined by Government Code Section 3511.1(d), during the open meeting in which the final action is to be taken. In summary, the recommendations of Consent Calendar Item Nos. 4 and 5 are to approve the 2019/20 Salary Schedule citywide effective June 22, 2019, and to reaffirm citywide health benefit cap of $1,709 per month per employee. The six management employees or “local agency executives,” as defined, the salaries and benefits are as follows for the following positions: Position Proposed Salary City Manager $210,000.00 Community Resources Director $161,963.36 Design and Development Director $161,963.36 Finance Director $161,963.36 Assistant to the City Manager $113,830.65 City Clerk $110,984.30 CONSENT CALENDAR ITEM NO. 6 City Manager McMillen provided an update on the mass grading activities at SilverRock, including the SilverRock event venue and future hotel sites; said SilverRock Way infrastructure street improvements have been a capital improvement project since 2014; the public access road is necessary to 18 CITY COUNCIL MINUTES Page 5 of 14 JULY 16, 2019 provide access to the future developments at SilverRock; and this item allocates $6,253,700 of City capital improvement bond proceeds, and obligates the developer to contribute $2,138,370 to this project. MOTION – A motion was made and seconded by Councilmembers Radi/Fitzpatrick to approve the Consent Calendar as recommended, with Item Nos. 4 and 5 adopting Resolution Nos. 2019-028 and 2019-029, respectively. Motion passed unanimously. BUSINESS SESSION 1. APPROPRIATE $39,600 AND AUTHORIZE CALLE TAMPICO AND PARK AVENUE GUARD RAIL BARRIER IMPROVEMENTS City Engineer McKinney presented the City’s Traffic Engineer Consultant Libring who presented the staff report, which is on file in the Clerk’s Office. Council discussed working with the Citrus Homeowners Association (HOA) to install landscape lighting to better illuminate the street curve; and importance to increase safety at this road location. PUBLIC SPEAKER: Robert Kroll, La Quinta – said he is a resident at the Citrus residential development; spoke in support of the proposed implementation of a guard rail barrier to increase safety; and commended Council and Staff for addressing this matter so quickly and effectively. MOTION – A motion was made and seconded by Councilmembers Radi/Sanchez to appropriate $39,600 and authorize Calle Tampico and Park Avenue guard rail barrier improvements as recommended. Motion passed unanimously. STUDY SESSION – None. CONSENT CALENDAR ITEM NOS. 4 AND 5 CITY ATTORNEY REQUESTED THAT COUNCIL BRING UP CONSENT CALENDAR ITEM NOS. 4 AND 5 FOR RECONSIDERATION PURSUANT TO SECTION 7.3 – RECONSIDERATION OF COUNCIL RESOLUTION 2015- 023 IN ORDER TO AMEND THE SALARIES OF THE CITY’S EXECUTIVE EMPLOYEES REPORTED IN THE VERBAL ANNOUNCEMENT MOTION – A motion was made and seconded by Councilmembers Peña/Radi to bring up Consent Calendar Item Nos. 4 and 5 for reconsideration. Motion passed unanimously. 19 CITY COUNCIL MINUTES Page 6 of 14 JULY 16, 2019 Verbal Announcement by City Attorney Ihrke: City Attorney said the salaries for the City’s management employees or “local agency executives,” as defined by Government Code Section 3511.1(d), are as listed below for the following positions: Position Proposed Salary City Manager $210,000.00 Community Resources Director $162,449.25 Design and Development Director $162,449.25 Finance Director $162,449.25 Assistant to the City Manager $114,172.14 City Clerk $111,317.25 All other compensation paid in the form of fringe benefits remains unchanged as previously reported. MOTION – A motion was made and seconded by Councilmembers Peña/Fitzpatrick to approve Consent Calendar Item Nos. 4 and 5 with the amended verbal announcement by the City Attorney. Motion passed unanimously. “DEPARTMENTAL REPORTS” AND “MAYOR’S AND COUNCIL MEMBERS’ ITEMS” WERE TAKEN OUT OF AGENDA ORDER DEPARTMENTAL REPORTS >>> taken out of agenda order All other reports are on file in the City Clerk’s Office. 1. COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) INTENT TO EXERCISE ITS EMINENT DOMAIN POWERS OVER OBTAINING PROPERTY FOR THE CV LINK MULTI-MODAL TRANSPORTATION CORRIDOR PROJECT City Manager McMillen presented the staff report, which is on file in the Clerk’s Office. Mayor Evans said based on an update received from Mr. Kirk, CVAG’s Executive Director, easements for some of the parcels identified in CVAG’s letter have already been secured. PUBLIC SPEAKER: Brad Anderson, Rancho Mirage – said CVAG’s notices should be a wake-up call for the owners, who need to make an effort to respond; spoke in opposition of eminent domain; and CVAG needs to do its homework and connect with these land owners before taking eminent domain actions. 20 CITY COUNCIL MINUTES Page 7 of 14 JULY 16, 2019 Mayor Evans spoke of CVAG’s efforts to contact the owners discussed during CVAG’s Executive Committee meeting. Council discussed the land identified for easements does not hold value as it is not feasible for development; and Council’s lack of support to use eminent domain as a way of policy. MAYOR’S AND COUNCIL MEMBERS’ ITEMS >>> taken out of agenda order Councilmember Radi said Agua Caliente Band of Cahuilla Indians Tribal Council Vice Chairman Larry N. Olinger passed away on July 15, 2019; he was a gentleman, highly regarded, with a distinguished character; and he will be missed. Council extended condolences to his family and the tribe. Councilmember Peña commended the Members serving on City Commissions for their time, dedication, and contributions. Councilmember Peña said Councilmember Sanchez, City Manager McMillen, and he attended the League of California Cities – Riverside County Division General Membership Meeting in Temecula on July 8, 2019, which was held jointly with the San Diego County and Orange County Divisions; it was well attended and covered topics that other agencies are facing. Councilmember Sanchez said he represented the City at the Palm Springs Power – Veteran Recognition Day and was honored to throw the first pitch. Mayor Evans said Councilmembers Sanchez and Peña, City Manager McMillen, Assistant to the City Manager Villalpando, and she attended a meeting held by Assembly Member Mayes on July 12, 2019, to discuss the status of AB 854 legislation, the on-going discussions between the cities serviced by the Imperial Irrigation District (IID), and efforts to continue discussions with IID and Coachella Valley Water District (CVWD) to ensure that cities continue to receive power services at rates comparable to current levels. Councilmember Fitzpatrick commended Staff and the community for the great turn-out at the Council’s Special Meeting – Community Workshop for the Future Art Event in La Quinta held on July 10, 2019 at City Hall. Mayor Evans explained the timeline for securing an art event in March 5-8, 2020; a Request for Proposals for art event producer was published July 11 – 24, 2019; interviews will be held July 25 – 26, 2019; and the item is scheduled for Council consideration at the August 6, 2019, meeting. PUBLIC HEARINGS – After 5:00 P.M. 21 CITY COUNCIL MINUTES Page 8 of 14 JULY 16, 2019 1. ADOPT RESOLUTION TO APPROVE UPDATES TO THE CITY’S USER AND REGULATORY MASTER FEE SCHEDULE (MFS) [RESOLUTION NO. 2019-030] City Clerk Radeva introduced Consultant Terry Madsen, President with ClearSource Financial Consulting, who presented the staff report, which is on file in the Clerk’s Office. Council asked for an update from Staff on the on-going efforts to make Short- Term Vacation Rental (STVR) permits and transient occupancy tax payments available on-line. Staff said the objective is to procure a vendor who can provide both, compliance monitoring and on-line submittal services; Staff plans to issue a Request for Proposals, and to select a vendor by the end of the calendar year, with implementation slated for mid-summer 2020, after the festival season in April 2020. Council discussed current cost recovery for STVR permits is 13%, and the proposed fee increase would bring the City up to 25% cost recovery, which is on the low end in comparison with the other cities in the Coachella Valley. MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 5:13 P.M. PUBLIC SPEAKER: Damian Fussel, Deputy Director of Government Affairs with the Business Industry Association of Southern California – Riverside County Chapter (BIA) – said he is in opposition of the proposed updates to the MFS; notice was received within the statutory notice requirements, but requested to receive more advance notice; majority of fees are increasing by 1%, but some are increasing by a greater percentage; there is a housing crisis going on in the state of California, and raising fees impedes development. Mr. Fussel spoke of the housing development activities in California since the recession, and Governor Newsom’s plans to facilitate development going forward. Council discussed the City’s user and regulatory fees remained the same between 1995 and 2013; the slow-down in development activity in the City is primarily due to being almost built-out; back in 2013, the building industry requested that the City conducts an annual MFS update to avoid sudden large increases in fees; the proposed overall 1% increase is below the annual Consumer Price Index percentage increase; and the City is subsidizing the cost for services as the average cost recover is at 77%. PUBLIC SPEAKER: Gretchen Gutierrez, CEO with Desert Valley Builders Association (DVBA) – said the DVBA provided written comments prior to the meeting, which will be incorporated into the record, and were made available to the public; the fee increase adopted by the City in 2013 resulted in a dramatic increase, and the building industry at the time requested that fees are reviewed and updated annually to avoid such sudden increases, which the 22 CITY COUNCIL MINUTES Page 9 of 14 JULY 16, 2019 City has done; there has been an overall slow-down in building activity across the valley; per DVBA’s estimates La Quinta will be fully built-out in less than 10 years; commended Staff for duly noticing and collaborating with the DVBA; thanked the City for providing services efficiently, and for subsidizing the services by not seeking full cost recovery; noted the proposed fee increases apply not only to residential development, but to commercial, industrial, and retail as well; recommended that Council adopt the proposed MFS update tonight; and spoke about future development trends and potential challenges. MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 5:29 P.M. MOTION – A motion was made and seconded by Councilmembers Peña/Radi to adopt Resolution No. 2019-030 to approve updates to the City’s User and Regulatory Maser Fee Schedule: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING A REVISED MASTER FEE SCHEDULE OF VARIOUS USER AND REGULATORY FEES Motion passed unanimously. COUNCILMEMBER PEÑA RECUSED HIMSELF FROM DISCUSSION AND VOTE ON PUBLIC HEARING ITEM NO. 2 DUE TO A POTENTIAL CONFLICT OF INTEREST STEMMING FROM HIS RESIDENCE BEING IN CLOSE PROXIMITY TO THE PROPOSED PROJECT; AND LEFT THE DAIS AT 5:31 P.M. 2. ADOPT RESOLUTION TO DENY APPEAL 2019-0002 AND SUSTAIN PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT 2018-0005 AND SITE DEVELOPMENT PERMIT 2018- 0004 FOR A 16-UNIT APARTMENT PROJECT LOCATED AT 51-480 DESERT CLUB DRIVE; PROJECT: DESERT CLUB APARTMENTS; CEQA: EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15332, INFILL DEVELOPMENT [RESOLUTION NO. 2019-031] Planning Manager Flores presented the staff report, which is on file in the Clerk’s Office; and noted the Appellant provided a hand-out containing a two- story Spanish-Colonial residential design rendering, which is incorporated into the record, and made available to the public. Council discussed that the Appellant’s proposal of six townhome units, as listed in the hand-out, would not meet the City’s development standards for the Village Commercial zone. Council discussed the rendering submitted by the Appellant proposing a three- story development, which would not be in compliance with the City’s maximum height requirements for that area. MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 5:40 P.M. 23 CITY COUNCIL MINUTES Page 10 of 14 JULY 16, 2019 PUBLIC SPEAKER: Stephen Nieto, Applicant, and President of South West Concepts, Inc., La Quinta – spoke about La Quinta’s history and community development and growth; said the City’s establishment of the Village Commercial Zone created opportunity for growth and renovation, and an environment that promotes an active community, and attracts new residents; said the proposed development complies with the City’s regulations; noted two letters of support were distributed to Council, incorporated into the record, and made available to the public, authored by Ramiro Mendoza, owner of Casa Mendoza Mexican Grill and Bar, and Alana Marston, owner of Sm’Art Studio & Gallery, both businesses located in the Village Commercial Zone. Mr. Nieto spoke about the development’s design, accessibility points, landscaping, perimeter wall, height; noted there would be minimal impact to the Calle Cadiz residential neighborhood; said the Appellant’s concerns were that an apartment-type development is not the best fit for the character of that area, however, this development would instead compliment and enhance the area. Council discussed this is market-rate housing with proposed two-bedroom- two-bath units, at an estimated $1,600 monthly rent; and the distance between the development to the closest residence on Calle Cadiz. PUBLIC SPEAKER: Rob Capetz, Owner, La Quinta – provided a brief history of the developments he has built in La Quinta since the early 1990s; said he plans to hold on to this development; the project promotes the City’s vision of an engaged and active community, it blends well with the community; and it is labeled “apartments” because the units are for rent, but in fact it is a high-quality residential development; answered Council’s questions regarding the waste disposal location, garage use, restrictions on using balconies as storage areas, security, ground floor patios face the sidewalk, street parking is allowed, the development provides sufficient parking to accommodate the residents; and contemplated removing the word “apartments” from the proposed name. Council discussed other proposed projects in close proximity to the project site, currently in design-review. PUBLIC SPEAKER: Lawrence Marshall, Appellant, La Quinta – spoke about his professional experience and background, residency in La Quinta, and the La Quinta community image, values, and real estate costs; appeal filing costs; community evolvement over time; commended Staff for their professionalism and responsiveness; noted the Spanish Colonial Traditional Design Townhome rendering he provided as a hand-out and his presentation, incorporated into the record and made available to the public, was merely a rendering from the internet depicting a Spanish Colonial architectural style, and did not suggest 24 CITY COUNCIL MINUTES Page 11 of 14 JULY 16, 2019 for a three-story development; and expressed concerns about the long-term plan for the Arnold Palmer complex, particularly the parking lot area. Council asked Mr. Marshall to clarify if he is recommending a residential or a commercial development on the project site, since based on the rendering he provided, it suggested residential use. Mr. Marshall said he enjoys getting involved and being a part of the community; expressed concerns about having an apartment rental complex on the project site because it would change the character of the community; and said six 3,000 square-foot townhome condominiums would be a more appropriate development; expressed concerns about the potential number of total residents that could occupy the proposed 16-unit apartment complex; and noted the long-term impact on the community must be considered when approving developments. PUBLIC SPEAKER: Tadros and Elaine Tadros, La Quinta – thanked Council for the opportunity to speak and provide comments; said she and her husband have resided on Calle Cadiz for 40 years; noted their concern was not with who is going to live in the apartments, but rather the potential number of total residents (64 people) that could occupy the proposed 16-unit apartment complex, because it would be too condensed; parking seems adequate; expressed concerns about the second story, not because apartment residents would be looking into the residential backyards, but because the adjacent home owners would be looking at the second story; and asked about the development plan for the two vacant parcel adjacent to the project site. Staff replied currently there were no developments proposed for these parcels, one is zoned residential, and the other Village Commercial, which could potentially be a two-story development. Mrs. Tadros said the Calle Cadiz, Calle Fortuna, Calle Guatemala neighborhoods have historically been single-family dwellings with the exception of some high-end vacation rentals; noted the project would block their view of the mountain, and could adversely affect property values. Mrs. Tadros submitted a petition in opposition of the project signed by 57 home owners in close proximity to the project. She noted residents were not supportive of having an apartment complex on the project site, expressed traffic concerns, stated folks had envisioned that the project site would be developed for small businesses and restaurants, and a lot of residents are not here at this time of year. Mr. Tadros thanked the Council for listening to the community’s comments and concerns; said he has lived on Calle Cadiz for 40 years when there were 25 CITY COUNCIL MINUTES Page 12 of 14 JULY 16, 2019 only four homes; and spoke how the development standards for the area have changed over the year, allowing two-story developments. WRITTEN PUBLIC COMMENTS: Elisa Guerrero – submitted written comments in support of the project. PUBLIC COMMENTS: Mary Murray, La Quinta – said Calle Cadiz is the Rodeo Drive of La Quinta with very affluent homes; said the project would change the character of the community; noted a more appropriate development for the project site would be a villa-type residential homes for purchase; expressed a concern that the apartment complex garages would become storage units, and renters will be parking their vehicles on the street instead; and agreed with Mr. Marshall that when approving developments, the City must consider the long-term plan for the community. MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 6:35 P.M. Council thanked the community for their participation and input, noted it is the public’s right to attend and participate in public meetings, and encouraged people to be involved because citizen engagement is important and welcomed. Council discussed the project site is zoned Village Commercial which allows apartments and mixed-used developments; during past community workshops held regarding the Highway 111 Corridor Area Plan and the village, residents’ feedback received have shown support by super-majority for more residential, mixed-use, and apartment-type developments in that area; the residents will be customers of the surrounding businesses; a commercial development would result in more traffic from people visiting the businesses throughout the day versus residents who leave for work in the morning and return home at the end of the day; the property owner purchased the land knowing this type of development was allowed based on the zoning and he has the right to develop it in accordance with the City’s development standards; changing the zoning of a parcel prohibiting development types that were allowed at the time of purchase would deter developers from La Quinta; over the years the City has carefully made sure that developments in La Quinta are sensible and sustainable; state regulations and mandates that trump local control; the millennial population needs and wants to stay active, not own a car, own smaller homes, environmental concerns, etc. are driving community changes; the Village Commercial zone was created to increase density, which is not necessarily indicative of traffic increase, however, the City’s road capacity is adequate; the 2009 General Plan update included a lot of community outreach, and the input received was supportive of mixed-use and condominium developments, that provide housing diversity; the Complete Streets Project also contributes in creating a village-type, pedestrian-friendly atmosphere and community, and offer a balanced lifestyle; the trend is to see more two- and three-story developments; the role of the Planning Commission 26 CITY COUNCIL MINUTES Page 13 of 14 JULY 16, 2019 in the development approval process; one of the reasons for creating the Village Commercial zone was to make the village a destination, and the City has purchased the property around the park and La Quinta Museum to facilitate the 100-year vision of the City’s growth; and development standards continue to ever change and evolve. MOTION - A motion was made and seconded by Councilmembers Fitzpatrick/Radi to adopt Resolution No. 2019-031 to: 1) Deny Appeal 2019-0002; 2) Find the project exempt from environmental review under the California Environmental Quality Act pursuant to Section 15332 as in-fill development; and 3) Sustain the Planning Commission approval of Conditional Use Permit 2018-0005 and Site Development Permit 2018-0004 for a 16-unit apartment project, located at 51480 Desert Club Drive in the Village: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DENYING APPEAL 2019-0002, AND SUSTAINING THE PLANNING COMMISSION’S APPROVAL OF CONDITIONAL USE PERMIT 2018-0005 AND SITE DEVELOPMENT PERMIT 2018-0004 TO ALLOW THE DEVELOPMENT OF 16 APARTMENTS LOCATED AT 51480 DESERT CLUB DRIVE CASE NUMBERS: APPEAL 2019-0002; CONDITIONAL USE PERMIT 2018- 0005; SITE DEVELOPMENT PERMIT 2018-0004 PROJECT: DESERT CLUB APARTMENTS APPELANT: LAWRENCE MARSHALL Motion passed: ayes 4, noes 0, abstain 0, absent 1 (Peña) COUNCILMEMBER PEÑA JOINED THE MEETING AT 6:58 P.M. REPORTS AND INFORMATIONAL ITEMS La Quinta’s representative for 2019, Councilmember Fitzpatrick reported on her participation in the following organizations’ meetings:  COACHELLA VALLEY MOUNTAINS CONSERVANCY  DESERT RECREATION DISTRICT COMMITTEE (Fitzpatrick & Radi)  RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC) La Quinta’s representative for 2019, Councilmember Radi reported on his participation in the following organization’s meeting:  CVAG TRANSPORTATION COMMITTEE COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 7:15 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 7:47 P.M. WITH ALL MEMBERS PRESENT 27 CITY COUNCIL MINUTES Page 14 of 14 JULY 16, 2019 REPORT ON ACTION(S) TAKEN IN CLOSED SESSION: City Attorney Ihrke reported no actions were taken on Closed Session Item No. 3 that require reporting pursuant to Government Code Section 54957.1 (Brown Act). ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Peña/Fitzpatrick to adjourn at 7:48 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, City Clerk City of La Quinta, California 28 City of La Quinta CITY COUNCIL MEETING: August 6, 2019 STAFF REPORT AGENDA TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR MARKETING SPECIALIST TO ATTEND REGAN COMMUNICATIONS’ BRAND STORYTELLING AND CONTENT MARKETING CONFERENCE IN ANAHEIM, CALIFORNIA, SEPTEMBER 18 – 20, 2019. RECOMMENDATION Authorize overnight travel for Marketing Specialist to attend Regan Communication’s Brand Storytelling & Content Marketing Conference in Anaheim, California, September 18 - 20, 2019. EXECUTIVE SUMMARY • Regan Communications Inc. has been a leader in training for professionals in corporate communications, public relations, social media and management. • The Brand Storytelling and Content Marketing Conference (Conference) provides training on enhanced community engagement, consistent brand messaging and strategic public relations. FISCAL IMPACT – Estimated expenses will be $2,500, which includes registration, travel, lodging, parking, and meals. Funds are available in the 2019/20 Marketing Department’s Travel and Training budget (101-3007-60320). BACKGROUND/ANALYSIS The Conference will feature experts sharing strategies to maintaining a clear brand voice across departments, channels and content types. By attending this conference, the Marketing Specialist will learn how to better engage with the community and create compelling content to attract journalists, visitors, new residents and new businesses to La Quinta. ALTERNATIVES Council may elect not to authorize this request. Prepared by: Katie Camarena, Marketing Specialist Approved by: Jon McMillen, City Manager CONSENT CALENDAR ITEM NO. 3 29 30 City of La Quinta CITY COUNCIL MEETING: August 6, 2019 STAFF REPORT AGENDA TITLE: APPROVE DEMAND REGISTERS DATED JULY 12, 19, AND 26, 2019 RECOMMENDATION Approve demand registers dated July 12, 19, and 26, 2019. EXECUTIVE SUMMARY – None FISCAL IMPACT Demand of Cash: City 5,902,244.41$ Successor Agency of RDA -$ Housing Authority 2,411.73$ 5,904,656.14$ BACKGROUND/ANALYSIS Routine bills and payroll must be paid between Council meetings. Attachment 1 details the weekly demand registers for July 12, 19, and 26, 2019. Warrants Issued: 123094-123135 675,458.16$ 123136-123219 2,436,620.26$ 123220-123291 945,353.46$ Wire Transfers 1,197,285.76$ AP Voids (4,555.24)$ Payroll Tax Transfers 169,908.76$ Payroll Direct Dep & Chks #37435 484,584.98$ 5,904,656.14$ In the amounts listed above, four checks were voided. Two were voided and reissued due non receipt by vendors and two were voided due to no longer being required for project. CONSENT CALENDAR ITEM NO. 4 31 The most significant expenditures on the demand register are: Account Name Amount Riverside County Sheriff 1,117,169.42$ April - May 2019 Sheriff Dept Police Services Spohn Ranch, Inc Design 511,650.00$ June - Xpark Design Services Coachella Valley Various 466,949.00$ June 2019 TUMF Fee & Assoc of Governments FY19/20 Membership Dues Elecnor Belco Construction 429,779.05$ May - Intersection Electric, Inc Improvements Labranche, Francis Developer 253,450.00$ Refund Deposit Deposits for Subdivision Improvement Agreement (SIA) PurposeVendor Wire Transfers: Fourteen transfers totaled $1,197,286. Of this amount, $912,473 was for PERS and $263,761 was for Landmark. (See Attachment 2 for a full listing). Purchase Orders/Contracts: During the quarterly period starting April 1 through June 30, 2019, four purchase orders were issued with a value between $25,000 and $50,000, for a total of $151,008 (See Attachment 3 for a full listing). Investment Transactions: Full details of investment transactions as well as total holdings are reported quarterly in the Treasurer’s Report. Transaction Issuer Type Par Value Settle Date Coupon Rate Maturity Federal Farm Credit Bureau Agency 1,000,000$ 7/12/19 1.450% Purchase Federal National Mortgage Agency 500,000$ 7/15/19 1.750% Association Purchase American National Bank CD 248,000$ 7/19/19 2.000% Purchase Abacus Federal Savings CD 248,000$ 7/26/19 1.950% 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 3. Purchase Orders 32 7/11/2019 6:48:31 PM Page 1 of 5 City of La Quinta Packet: APPKT02057 - BC 07/12/19 AmountVendor Name Payable Number Description (Item)Account Name Account Number Fund: 101 - GENERAL FUND 196.05LT Care Insurance PayLONG TERM CARE0001969CALPERS LONG-TERM CARE P…101-0000-20949 92.00United Way DeductionsCONTRIBUTION0001970UNITED WAY OF THE DESERT 101-0000-20981 162.00Garnishments PayableGARNISHMENT0001971RIVERSIDE COUNTY SHERIFF'S …101-0000-20985 194.83Garnishments PayableGARNISHMENT0001972RIVERSIDE COUNTY SHERIFF'S …101-0000-20985 264.06Travel & Training06/12-06/13/19 - TRAVEL LEAGUE POLICY…062819PENA, JOHN 101-1001-60320 134.19Travel & Training05/21-05/23/19 - REIMB CRIME PREVENT …062819FOSTER, ROCIO 101-2001-60320 48,707.77PM 10 - Dust Control06/28/19 - CANAL WATER SERVICE062819COACHELLA VALLEY WATER DI…101-7006-60146 231.68Travel & Training06/19-06/20/19 - TRAVEL LEAGUE EXEC F…062819APENA, JOHN 101-1001-60320 249.89Travel & Training06/13-06/14/19 - TRAVEL LEAGUE POLICY…062819ASANCHEZ, STEVE 101-1001-60320 823.23Administrative Citation Services05/2019 - CODE CITATION PROCESSING101389DATA TICKET, INC.101-6004-60111 320.81Operating Supplies07/08/19 - FENCE BRACKET1043903WHITE'S STEEL 101-7003-60420 63,375.00GPSCVB07/01/19 - Q1 FY 19/20 CITY FUNDING13586-INGREATER PALM SPRINGS CVB 101-3007-60151 4,968.79Vehicles07/03/19 - COP GOLF CART1418GOLF CARS OF THE DESERT 101-2001-71031 57,690.00Building ImprovementsFS #70 REMODEL18858DESERT CONCEPTS CONSTRUC…101-2002-72110 430.00Travel & Training07/29-08/02/19 - TRAINING - DUCHENE200010090CACEO 101-6004-60320 20.00Credit Card Fees06/2019 - WC CREDIT CARD FEES211325PLUG & PAY TECHNOLOGIES I…101-3003-60122 20.00Administration06/2019 - HUB CREDIT CARD FEES211326PLUG & PAY TECHNOLOGIES I…101-6001-60102 6.22Office Supplies06/25/19 - OFFICE SUPPLIES333575387001OFFICE DEPOT 101-1005-60400 29.68Office Supplies06/27/19 - CODE OFFICE SUPPLIES3417691433STAPLES ADVANTAGE 101-6004-60400 86.72Operating Supplies07/03/19 - SUPPLIES FOR STVRP3418428877STAPLES ADVANTAGE 101-6006-60420 1,238.38Temporary Agency Services06/28/19 - HUB TEMP SVCS M GONZALEZ53771193ROBERT HALF TECHNOLOGY 101-6006-60125 952.80Temporary Agency Services06/28/19 - CODE TEMP SVCS C HARGENS53776190OFFICE TEAM 101-6004-60125 140.15Printing07/01/19 - CLQ BUSINESS CARDS620CLQBC-FAPALMS TO PINES PRINTING 101-3007-60410 61.00Pest Control06/12/19 - PEST CONTROL660207860TRULY NOLEN INC 101-3008-60116 69.81Cable - Utilities06/22-07/21/19 - EOC CABLEJUL'195631DISH NETWORK 101-2002-61400 32.75Gas - Utilities05/21-06/20/19 - FS #32 GAS SERVICEJUN'191208591246GAS COMPANY, THE 101-2002-61100 519.33Travel & Training06/04-06/19/19 - LEAGUE 06/19 HOTEL P…JUN'196413WELLS FARGO BUSINESS CARD 101-1001-60320 550.00Travel & Training06/04-06/19/19 - LEAGUE LB 10/16 FITZP…JUN'196413WELLS FARGO BUSINESS CARD 101-1001-60320 550.00Travel & Training06/04-06/19/19 - LEAGUE LB 10/16 SANC…JUN'196413WELLS FARGO BUSINESS CARD 101-1001-60320 550.00Travel & Training06/04-06/19/19 - LEAGUE LB 10/16 PENAJUN'196413WELLS FARGO BUSINESS CARD 101-1001-60320 550.00Travel & Training06/04-06/19/19 - LEAGUE LB 10/16 EVANSJUN'196413WELLS FARGO BUSINESS CARD 101-1001-60320 164.00Travel & Training06/04-06/19/19 - LEAGUE 06/14 AIR SAN…JUN'196413WELLS FARGO BUSINESS CARD 101-1001-60320 519.33Travel & Training06/04-06/19/19 - LEAGUE 06/19 HOTEL S…JUN'196413WELLS FARGO BUSINESS CARD 101-1001-60320 375.00Travel & Training06/04-06/19/19 - LEAGUE CA EXEC FORU…JUN'196413WELLS FARGO BUSINESS CARD 101-1001-60320 375.00Travel & Training06/04-06/19/19 - LEAGUE CA EXEC FORU…JUN'196413WELLS FARGO BUSINESS CARD 101-1001-60320 25.90Travel & Training06/04-06/19/19 - COFFEE COUNCIL MTGSJUN'196413WELLS FARGO BUSINESS CARD 101-1001-60320 155.51Travel & Training06/04-06/19/19 - DINNER COUNCIL MTGJUN'196413WELLS FARGO BUSINESS CARD 101-1001-60320 550.00Travel & Training06/04-06/19/19 - LEAGUE LB 10/16 VILLA…JUN'196413WELLS FARGO BUSINESS CARD 101-1002-60320 550.00Travel & Training06/04-06/19/19 - LEAGUE LB 10/16 ESCO…JUN'196413WELLS FARGO BUSINESS CARD 101-3001-60320 999.00Marketing & Tourism Promoti…06/04-06/19/19 - PEACHJAR CREDITSJUN'196413WELLS FARGO BUSINESS CARD 101-3007-60461 -3.35Sales Taxes Payable06/04-07/01/19 - CABLE CORD COVERS SA…JUN'197143WELLS FARGO BUSINESS CARD 101-0000-20304 86.31Recruiting/Pre-Employment06/04-07/01/19 - ASSOC PLANNER PANEL …JUN'197143WELLS FARGO BUSINESS CARD 101-1004-60129 65.00Travel & Training06/04-07/01/19 - MEMBERSHIP & TRAINI…JUN'197143WELLS FARGO BUSINESS CARD 101-1004-60320 119.35Travel & Training06/04-07/01/19 - FISHBOWL TRAININGJUN'197143WELLS FARGO BUSINESS CARD 101-1004-60320 84.43Travel & Training06/04-07/01/19 - TRAINING SNACKSJUN'197143WELLS FARGO BUSINESS CARD 101-1004-60320 125.00Membership Dues06/04-07/01/19 - MEMBERSHIP & TRAINI…JUN'197143WELLS FARGO BUSINESS CARD 101-1004-60351 67.36Administration06/04-07/01/19 - PROFLOWERSJUN'197143WELLS FARGO BUSINESS CARD 101-1006-60102 68.94Administration06/04-07/01/19 - PROFLOWERSJUN'197143WELLS FARGO BUSINESS CARD 101-1006-60102 120.00Travel & Training06/04-07/01/19 - CSMFO MTGJUN'197143WELLS FARGO BUSINESS CARD 101-1006-60320 509.00LQ Police Volunteers06/04-07/01/19 - COMMEMORATION CO…JUN'197143WELLS FARGO BUSINESS CARD 101-2001-60109 -191.92Operating Supplies06/04-07/01/19 - POLICE CHAIRS CREDITJUN'197143WELLS FARGO BUSINESS CARD 101-2001-60420 -191.92Operating Supplies06/04-07/01/19 - POLICE CHAIRS CREDITJUN'197143WELLS FARGO BUSINESS CARD 101-2001-60420 45.07Community Experiences06/04-07/01/19 - GOLF TOUR GIFT TOWE…JUN'197143WELLS FARGO BUSINESS CARD 101-3003-60149 ATTACHMENT 1 Demand Register 33 Demand Register Packet: APPKT02057 - BC 07/12/19 7/11/2019 6:48:31 PM Page 2 of 5 AmountVendor Name Payable Number Description (Item)Account Name Account Number 277.03Operating Supplies06/04-07/01/19 - EVENT SUPPLIESJUN'197143WELLS FARGO BUSINESS CARD 101-3003-60420 327.34Operating Supplies06/04-07/01/19 - EVENT SUPPLIESJUN'197143WELLS FARGO BUSINESS CARD 101-3003-60420 173.96Travel & Training06/04-07/01/19 - LUNCH CITY YARD TRAIN…JUN'197143WELLS FARGO BUSINESS CARD 101-3005-60320 29.36Travel & Training06/04-07/01/19 - SUPPLIES CITY YARD TRA…JUN'197143WELLS FARGO BUSINESS CARD 101-3005-60320 49.00Travel & Training06/04-07/01/19 - TRAINING K CAMARENAJUN'197143WELLS FARGO BUSINESS CARD 101-3007-60320 4.99Marketing & Tourism Promoti…06/04-07/01/19 - ITUNESJUN'197143WELLS FARGO BUSINESS CARD 101-3007-60461 3.99Marketing & Tourism Promoti…06/04-07/01/19 - ITUNESJUN'197143WELLS FARGO BUSINESS CARD 101-3007-60461 2.99Marketing & Tourism Promoti…06/04-07/01/19 - ITUNESJUN'197143WELLS FARGO BUSINESS CARD 101-3007-60461 2.99Marketing & Tourism Promoti…06/04-07/01/19 - ITUNESJUN'197143WELLS FARGO BUSINESS CARD 101-3007-60461 739.48Materials/Supplies06/04-07/01/19 - WATER COOLERS CHJUN'197143WELLS FARGO BUSINESS CARD 101-3008-60431 347.99Materials/Supplies06/04-07/01/19 - WATER COOLERSJUN'197143WELLS FARGO BUSINESS CARD 101-3008-60431 74.66Gas - Utilities05/21-06/20/19 - WC GAS SERVICEJUN'199422738006GAS COMPANY, THE 101-3008-61100 2,373.08Building Improvements05/29-06/21/19 - FS #70 APPLIANCESJUN'19980015809…LOWE'S HOME IMPROVEMENT…101-2002-72110 152.25Operating Supplies05/29-06/21/19 - WC SUPPLIESJUN'19980015809…LOWE'S HOME IMPROVEMENT…101-3002-60420 143.44Operating Supplies05/29-06/21/19 - PARK RENTALSJUN'19980015809…LOWE'S HOME IMPROVEMENT…101-3003-60420 74.60Materials/Supplies05/29-06/21/19 - EISENHOWER PK SWING…JUN'19980015809…LOWE'S HOME IMPROVEMENT…101-3005-60431 391.16Tools/Equipment05/29-06/21/19 - HANDRILL BOLT CUTTERJUN'19980015809…LOWE'S HOME IMPROVEMENT…101-3005-60432 103.27Materials/Supplies05/29-06/21/19 - CITY HALL MAT'LSJUN'19980015809…LOWE'S HOME IMPROVEMENT…101-3008-60431 15.49Materials/Supplies05/29-06/21/19 - PW YARDJUN'19980015809…LOWE'S HOME IMPROVEMENT…101-3008-60431 30.95Materials/Supplies05/29-06/21/19 - CITY HALL MAT'LSJUN'19980015809…LOWE'S HOME IMPROVEMENT…101-3008-60431 22.20Tools/Equipment05/29-06/21/19 - VOLTAGE TESTERJUN'19980015809…LOWE'S HOME IMPROVEMENT…101-3008-60432 35.84Maintenance/Services05/29-06/21/19 - CITY HALL MAT'LSJUN'19980015809…LOWE'S HOME IMPROVEMENT…101-3008-60691 15.49Operating Supplies05/29-06/21/19 - WORK GLOVESJUN'19980015809…LOWE'S HOME IMPROVEMENT…101-7003-60420 235.49Operating Supplies05/29-06/21/19 - MUSEUMJUN'19980015809…LOWE'S HOME IMPROVEMENT…101-7003-60420 21.65Operating Supplies05/29-06/21/19 - GLOVESJUN'19980015809…LOWE'S HOME IMPROVEMENT…101-7003-60420 182.50Operating Supplies05/29-06/21/19 - TRUCK ELECTRICAL SUP…JUN'19980015809…LOWE'S HOME IMPROVEMENT…101-7003-60420 1,638.41Postage Machine07/13-10/12/19 FY 19/20 MAIL & FOLD M…N7773547MAILFINANCE 101-1007-60661 108.00Business Licenses01/07/19 - LIC-0106441 REFUND OVERPY…R42726RETINA INSTITUTE OF CALIFO…101-0000-41600 4.00Cash Over/Short01/07/19 - LIC-0106441 REFUND OVERPY…R42726RETINA INSTITUTE OF CALIFO…101-0000-42300 40.00Cash Over/Short06/12/19 - LIC-765535 REFUND OVERPYM…R50134DSSC BRETON RD LLC 101-0000-42300 5.00Cash Over/Short06/26/19 - LIC-0101866 REFUND DIFF PE…R50835PSOMAS INC 101-0000-42300 Fund 101 - GENERAL FUND Total:195,460.75 Fund: 201 - GAS TAX FUND 1,161.00Traffic Control Signs06/10/19 - TRAFFIC CONTROL SIGNS83866ZUMAR INDUSTRIES INC 201-7003-60429 435.47Asphalt06/12/19 - CONCRETE MATERIAL94205510CALPORTLAND 201-7003-60430 59.06Materials/Supplies05/29-06/21/19 - CONCRETE REPAIR MAT'…JUN'19980015809…LOWE'S HOME IMPROVEMENT…201-7003-60431 28.51Materials/Supplies05/29-06/21/19 - SIDEWALK REPAIRSJUN'19980015809…LOWE'S HOME IMPROVEMENT…201-7003-60431 Fund 201 - GAS TAX FUND Total:1,684.04 Fund: 202 - LIBRARY & MUSEUM FUND 455.76Operating Supplies06/04-07/01/19 - MUSEUM BOOK CLUBJUN'197143WELLS FARGO BUSINESS CARD 202-3006-60420 347.99Maintenance/Services06/04-07/01/19 - WATER COOLERSJUN'197143WELLS FARGO BUSINESS CARD 202-3006-60691 Fund 202 - LIBRARY & MUSEUM FUND Total:803.75 Fund: 215 - LIGHTING & LANDSCAPING FUND 216.50Materials/Supplies06/13/19 - IRRIGATION MATERIAL3452959SMITH PIPE & SUPPLY CO 215-7004-60431 27.79Supplies-Graffiti and Vandalism05/29-06/21/19 - GRAFFITI SUPPLIESJUN'19980015809…LOWE'S HOME IMPROVEMENT…215-7004-60423 12.77Supplies-Graffiti and Vandalism05/29-06/21/19 - GRAFFITI SUPPLIESJUN'19980015809…LOWE'S HOME IMPROVEMENT…215-7004-60423 Fund 215 - LIGHTING & LANDSCAPING FUND Total:257.06 Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS -22,619.95Retention PayablePO 1819-0116 RETENTION #33RELECNOR BELCO ELECTRIC, INC 401-0000-20600 452,399.00Construction05/31/19 PYMT #3 2016-01 HSIP INTERSE…3RELECNOR BELCO ELECTRIC, INC 401-0000-60188 Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total:429,779.05 Fund: 501 - FACILITY & FLEET REPLACEMENT 38.58Vehicle Repair & Maintenance07/08/19 - VEHICLE MAINT5560063651AUTOZONE 501-0000-60676 339.89Motorcycle Repair & Mainten…06/27/19 - TIRE REPAIR R1200RTP FRONT6022169/1BMW MOTORCYCLES OF RIVE…501-0000-60679 745.90Street Sweeper06/27/19 - STREET SWEEPER REPAIR94416CLEANSTREET, INC.501-0000-60678 18,763.67Vehicles, Rentals & Leases07/2019 - FLEET LEASEFBN3742394ENTERPRISE FM TRUST 501-0000-71030 Fund 501 - FACILITY & FLEET REPLACEMENT Total:19,888.04 34 Demand Register Packet: APPKT02057 - BC 07/12/19 7/11/2019 6:48:31 PM Page 3 of 5 AmountVendor Name Payable Number Description (Item)Account Name Account Number Fund: 502 - INFORMATION TECHNOLOGY 12,600.00D & D, Software Enhancements08/01/18--07/31/19 - TRAKIT CLOUD213476SUPERION, LLC 502-0000-71042 19.99Software Licenses06/04-06/19/19 - ADOBE CITY CLERKJUN'196413WELLS FARGO BUSINESS CARD 502-0000-60301 50.00Software Licenses06/04-06/19/19 - BASECAMP 06/13-07/13…JUN'196413WELLS FARGO BUSINESS CARD 502-0000-60301 782.00Software Licenses06/04-07/01/19 - DIGICERT RENEWALJUN'197143WELLS FARGO BUSINESS CARD 502-0000-60301 41.60Machinery & Equipment06/04-07/01/19 - CABLE CORD COVERSJUN'197143WELLS FARGO BUSINESS CARD 502-0000-80100 103.11Machinery & Equipment06/04-07/01/19 - DESK MOUNTJUN'197143WELLS FARGO BUSINESS CARD 502-0000-80100 107.73Machinery & Equipment06/04-07/01/19 - SUPPLIES TECHNOLOGYJUN'197143WELLS FARGO BUSINESS CARD 502-0000-80100 -76.13Computers06/04-07/01/19 - COMPUTER CREDIT APP…JUN'197143WELLS FARGO BUSINESS CARD 502-0000-80103 572.59Computers06/04-07/01/19 - MONITORS CITY CLERK (…JUN'197143WELLS FARGO BUSINESS CARD 502-0000-80103 120.00Consultants07/02/19 - COUNCIL MTG VIDEOPR640-0719DESERT C.A.M INC 502-0000-60104 Fund 502 - INFORMATION TECHNOLOGY Total:14,320.89 Fund: 601 - SILVERROCK RESORT 215.86Repair & Maintenance06/04-07/01/19 - PARTSTOWNJUN'197143WELLS FARGO BUSINESS CARD 601-0000-60660 215.86Repair & Maintenance06/04-07/01/19 - PARTSTOWNJUN'197143WELLS FARGO BUSINESS CARD 601-0000-60660 Fund 601 - SILVERROCK RESORT Total:431.72 Fund: 760 - SUPPLEMENTAL PENSION PLAN 12,832.86Annual PARS Contribution08/01/19 - ANNUAL CONTRIBUTIONGJ-EXS11A19US BANK-PARS #6745031400 760-0000-50199 Fund 760 - SUPPLEMENTAL PENSION PLAN Total:12,832.86 Grand Total:675,458.16 35 Demand Register Packet: APPKT02057 - BC 07/12/19 7/11/2019 6:48:31 PM Page 4 of 5 Fund Summary Fund Expense Amount 101 - GENERAL FUND 195,460.75 201 - GAS TAX FUND 1,684.04 202 - LIBRARY & MUSEUM FUND 803.75 215 - LIGHTING & LANDSCAPING FUND 257.06 401 - CAPITAL IMPROVEMENT PROGRAMS 429,779.05 501 - FACILITY & FLEET REPLACEMENT 19,888.04 502 - INFORMATION TECHNOLOGY 14,320.89 601 - SILVERROCK RESORT 431.72 760 - SUPPLEMENTAL PENSION PLAN 12,832.86 Grand Total:675,458.16 Account Summary Account Number Account Name Expense Amount 101-0000-20304 Sales Taxes Payable -3.35 101-0000-20949 LT Care Insurance Pay 196.05 101-0000-20981 United Way Deductions 92.00 101-0000-20985 Garnishments Payable 356.83 101-0000-41600 Business Licenses 108.00 101-0000-42300 Cash Over/Short 49.00 101-1001-60320 Travel & Training 5,079.70 101-1002-60320 Travel & Training 550.00 101-1004-60129 Recruiting/Pre-Employme…86.31 101-1004-60320 Travel & Training 268.78 101-1004-60351 Membership Dues 125.00 101-1005-60400 Office Supplies 6.22 101-1006-60102 Administration 136.30 101-1006-60320 Travel & Training 120.00 101-1007-60661 Postage Machine 1,638.41 101-2001-60109 LQ Police Volunteers 509.00 101-2001-60320 Travel & Training 134.19 101-2001-60420 Operating Supplies -383.84 101-2001-71031 Vehicles 4,968.79 101-2002-61100 Gas - Utilities 32.75 101-2002-61400 Cable - Utilities 69.81 101-2002-72110 Building Improvements 60,063.08 101-3001-60320 Travel & Training 550.00 101-3002-60420 Operating Supplies 152.25 101-3003-60122 Credit Card Fees 20.00 101-3003-60149 Community Experiences 45.07 101-3003-60420 Operating Supplies 747.81 101-3005-60320 Travel & Training 203.32 101-3005-60431 Materials/Supplies 74.60 101-3005-60432 Tools/Equipment 391.16 101-3007-60151 GPSCVB 63,375.00 101-3007-60320 Travel & Training 49.00 101-3007-60410 Printing 140.15 101-3007-60461 Marketing & Tourism Pro…1,013.96 101-3008-60116 Pest Control 61.00 101-3008-60431 Materials/Supplies 1,237.18 101-3008-60432 Tools/Equipment 22.20 101-3008-60691 Maintenance/Services 35.84 101-3008-61100 Gas - Utilities 74.66 101-6001-60102 Administration 20.00 101-6004-60111 Administrative Citation Se…823.23 101-6004-60125 Temporary Agency Servic…952.80 101-6004-60320 Travel & Training 430.00 101-6004-60400 Office Supplies 29.68 101-6006-60125 Temporary Agency Servic…1,238.38 101-6006-60420 Operating Supplies 86.72 36 Demand Register Packet: APPKT02057 - BC 07/12/19 7/11/2019 6:48:31 PM Page 5 of 5 Account Summary Account Number Account Name Expense Amount 101-7003-60420 Operating Supplies 775.94 101-7006-60146 PM 10 - Dust Control 48,707.77 201-7003-60429 Traffic Control Signs 1,161.00 201-7003-60430 Asphalt 435.47 201-7003-60431 Materials/Supplies 87.57 202-3006-60420 Operating Supplies 455.76 202-3006-60691 Maintenance/Services 347.99 215-7004-60423 Supplies-Graffiti and Van…40.56 215-7004-60431 Materials/Supplies 216.50 401-0000-20600 Retention Payable -22,619.95 401-0000-60188 Construction 452,399.00 501-0000-60676 Vehicle Repair & Mainte…38.58 501-0000-60678 Street Sweeper 745.90 501-0000-60679 Motorcycle Repair & Main…339.89 501-0000-71030 Vehicles, Rentals & Leases 18,763.67 502-0000-60104 Consultants 120.00 502-0000-60301 Software Licenses 851.99 502-0000-71042 D & D, Software Enhance…12,600.00 502-0000-80100 Machinery & Equipment 252.44 502-0000-80103 Computers 496.46 601-0000-60660 Repair & Maintenance 431.72 760-0000-50199 Annual PARS Contribution 12,832.86 Grand Total:675,458.16 Project Account Summary Project Account Key Expense Amount **None**185,570.96 201601CT 452,399.00 201601RP -22,619.95 201835E 60,063.08 GOLFE 45.07 Grand Total:675,458.16 37 7/19/2019 3:46:09 PM Page 1 of 8 Demand Register City of La Quinta Packet: APPKT02067 - BC 07/19/19 AmountVendor Name Payable Number Description (Item)Account Name Account Number Fund: 101 - GENERAL FUND 449.40Instructors07/11/19 - CARDIO & SUN STYLE TAI CHI071119COHEN, ANN MARIE 101-3002-60107 250.00Instructors07/11/19 - STRETCH & RESTORE071119JOHNSON, KAREN T. PAYNE 101-3002-60107 168.00Instructors07/11/19 - TAI CHI CHUAN071119MEDEIROS, JOYCELEEN 101-3002-60107 150.50Instructors07/11/19 - ZUMBA071119MISELL, STACY 101-3002-60107 336.00Instructors07/11/19 - SUNSET YOGA071119TRUE, ARTHUR ALLEN 101-3002-60107 426.30Instructors07/11/19 - BALLROOM DANCING071119SHIRY, TERESA 101-3002-60107 1,225.00Instructors07/11/19 - TAEKWONDO071119ROJAS, MIGUEL ANGEL 101-3002-60107 128.00Instructors07/11/19 - PERSONAL TRAINER071119ROSE-FARKAS, LORETTA ANN 101-3002-60107 150.00Membership Dues10/1/19-09/30/20 - MEMBERSHIP M CAL…071719CPRS ADMINISTRATORS SECTI…101-3002-60351 1,698.53Vision Insurance PayJUL'19 VSP VIA THE STANDARD071819STANDARD INSURANCE COMP…101-0000-20945 253,450.00Developer Deposits07/15/19 - TERM SIA PM 33954 & VUP20…071819LABRANCHE, FRANCIS H. JR.101-0000-22810 178.49Travel & Training07/02-07/10/19 - REIMB COUNCIL MTG S…071819THOMPSON, TERESA 101-1001-60320 659.10Administrative Citation Services06/2019 - POLICE CITATION PROCESSING102362DATA TICKET, INC.101-6004-60111 155.62Professional Services07/2019 - ARMORED SERVICES10497947GARDAWORLD 101-1006-60103 500.00Membership Dues06/19/19 - LEAGUE 2019 STREET ROAD N…105087LEAGUE OF CALIFORNIA CITIES 101-1002-60351 9,028.80Membership Dues06/01/19-05/31/2020 FY 19/20 CONTRACT…109460399-1COSTAR REALTY INFORMATIO…101-1002-60351 59.45Operating Supplies06/13/19 - CONST INSPECTOR SHIRTS12959273GALLS LLC 101-7006-60420 28.79Uniforms06/28/19 - CODE UNIFORMS13081933GALLS LLC 101-6004-60690 86.37Uniforms07/01/19 - CODE UNIFORMS13097109GALLS LLC 101-6004-60690 4,027.50Consultants06/2019 CIP DEV/MEASURE A 5YR CIP14 JOB 2018-02NAI CONSULTING INC 101-7006-60104 1,740.00Consultants06/2019 ON CALL SVC CORPORATE YARD14 JOB 2018-02NAI CONSULTING INC 101-7006-60104 203.73Operating Supplies06/21-07/04/19 - WC JANITORIAL SUPPLIES1402139796AMERIPRIDE SERVICES INC 101-3002-60420 280.00Travel & Training10/03/18 - 2018 ANNUAL CONF REGISTRA…1433MMASC 101-3001-60320 10,000.00Boys & Girls Club07/2019-09/2019 FACILITY USE AGREEME…14-7925BOYS & GIRLS CLUB OF COACH…101-3001-60135 78.29Citywide Conf Room Supplies07/12/19 - CITY WIDE DRINKING WATER15369616071219SPARKLETTS 101-1007-60403 3,500.00Contract Services - Administrat…05/2019 STATE LOBBYING AND ADVOCACY…157370GONSALVES, JOE A & SON 101-1002-60101 3,500.00Contract Services - Administrat…06/2019 STATE LOBBYING AND ADVOCACY…157439GONSALVES, JOE A & SON 101-1002-60101 3,500.00Contract Services - Administrat…07/2019 FY 19/20 LOBBYIST SERVICES157510GONSALVES, JOE A & SON 101-1002-60101 3,359.43Maintenance/Services09/01/18 - SPORTS COMPLEX FIELD LIGHT…1578SOUTH VALLEY ELECTRIC 101-3005-60691 2,475.00Maintenance/Services09/03/18 - LQ SOCCER PARK FIELD LAMPS…1579SOUTH VALLEY ELECTRIC 101-3005-60691 2,475.00Maintenance/Services09/03/18 - SPORTS COMPLEX FIELD LAMPS…1580SOUTH VALLEY ELECTRIC 101-3005-60691 3,750.00Maintenance/Services04/18/19 - FB SKATE PARK POLE & LIGHT F…1581SOUTH VALLEY ELECTRIC 101-3005-60691 4,815.00Maintenance/Services04/26/19 - FB SKATE PARK CONCRETE WK …1582SOUTH VALLEY ELECTRIC 101-3005-60691 2,476.00Maintenance/Services05/29/19 - FB SKATE PARK LIGHT POLE IN…1583SOUTH VALLEY ELECTRIC 101-3005-60691 2,006.50Supplies-Graffiti and Vandalism10/17/18 - SPORTS COMPLEX FLD LT WIRI…1584SOUTH VALLEY ELECTRIC 101-3005-60423 1,141.15Supplies-Graffiti and Vandalism10/21/18 - MITCHELL PAIGE FLD LT WIRIN…1585SOUTH VALLEY ELECTRIC 101-3005-60423 2,025.00Maintenance/Services01/07/19 - FB PARK INSTALL TENNIS CTS 1…1586SOUTH VALLEY ELECTRIC 101-3005-60691 1,912.50Maintenance/Services01/14/19 - FB PARK INSTALL TENNIS COU…1587SOUTH VALLEY ELECTRIC 101-3005-60691 3,066.50Maintenance/Services08/14/18 - ADAMS NEW BOLLARDS INSTA…1588SOUTH VALLEY ELECTRIC 101-3005-60691 2,336.50Maintenance/Services08/22/18 - ADAMS WIRING INSTALL FOR L…1589SOUTH VALLEY ELECTRIC 101-3005-60691 3,803.50Maintenance/Services08/28/18 - LQ PARK LED LIGHTING RETROF…1590SOUTH VALLEY ELECTRIC 101-3005-60691 1,443.00Maintenance/Services08/31/18 - LQ PARK INSTALL NEW PARKI…1591SOUTH VALLEY ELECTRIC 101-3005-60691 1,230.50Maintenance/Services07/23/18 - SEASONS BOLLARDS & DOG P…1592SOUTH VALLEY ELECTRIC 101-3005-60691 273.00Maintenance/Services07/01/19 - PIONEER EXISTING BOLLARDS …1593SOUTH VALLEY ELECTRIC 101-3005-60691 295.00LQ Park Water Feature07/2019 - LQ PARK WF SERVICE19110701SHARK POOLS INC 101-3005-60554 112.00LQ Park Water Feature06/27/19 - LQ PARK WF CHLOR TABS DEL …19110702SHARK POOLS INC 101-3005-60554 1,475.00Fritz Burns Pool07/2019 - FB POOL SERVICE19120701SHARK POOLS INC 101-3005-60184 407.50Fritz Burns Pool05/2019 - FB POOL CHLOR TABS DEL 5/319120702SHARK POOLS INC 101-3005-60184 407.50Fritz Burns Pool05/2019 - FB POOL CHLOR TABS DEL 5/2219120703SHARK POOLS INC 101-3005-60184 407.50Fritz Burns Pool06/2019 - FB POOL CHLOR TABS DEL 6/719120704SHARK POOLS INC 101-3005-60184 407.50Fritz Burns Pool06/2019 - FB POOL CHLOR TABS DEL 6/1819120705SHARK POOLS INC 101-3005-60184 272.50Recruiting/Pre-Employment06/2019 - PRE EMPLOYMENT BACKGROU…2019060001IRC INC 101-1004-60129 426.10Operating Supplies07/25/19 - WC LUNCHEON2JT'S FAMILY RESTAURANT 101-3002-60420 38 Demand Register Packet: APPKT02067 - BC 07/19/19 7/19/2019 3:46:09 PM Page 2 of 8 AmountVendor Name Payable Number Description (Item)Account Name Account Number 36.11Office Supplies01/02/19 - OFFICE SUPPLIES250540348001OFFICE DEPOT 101-1005-60400 52.52Office Supplies03/21/19 - OFFICE SUPPLIES290955287001OFFICE DEPOT 101-1005-60400 1,303.71Fritz Burns Pool06/20/19 - FB POOL SUPPLIES29467074LINCOLN AQUATICS 101-3005-60184 109.75Office Supplies06/30/19 - OFFICE SUPPLIES3418178168STAPLES ADVANTAGE 101-3002-60400 59.14Office Supplies06/30/19 - OFFICE SUPPLIES3418178171STAPLES ADVANTAGE 101-3002-60400 22.50LQ Police Volunteers07/06/19 - POLICE COP USB PORT3418893966STAPLES ADVANTAGE 101-2001-60109 163.11LQ Police Volunteers07/06/19 - POLICE COP GARMIN3418893967STAPLES ADVANTAGE 101-2001-60109 104.38Office Supplies07/06/19 - OFFICE SUPPLIES3418893968STAPLES ADVANTAGE 101-3002-60400 88.71Office Supplies07/07/19 - OFFICE SUPPLIES3418917791STAPLES ADVANTAGE 101-3002-60400 13.04Office Supplies07/10/19 - OFFICE SUPPLIES3419042700STAPLES ADVANTAGE 101-3002-60400 13.04Office Supplies07/10/19 - OFFICE SUPPLIES3419042701STAPLES ADVANTAGE 101-3002-60400 9.02Office Supplies07/10/19 - OFFICE SUPPLIES3419042702STAPLES ADVANTAGE 101-3002-60400 15.87Office Supplies07/10/19 - OFFICE SUPPLIES3419042703STAPLES ADVANTAGE 101-3002-60400 15.87Office Supplies07/10/19 - OFFICE SUPPLIES3419042704STAPLES ADVANTAGE 101-3002-60400 12.28Office Supplies07/11/19 - OFFICE SUPPLIES3419100213STAPLES ADVANTAGE 101-6001-60400 64.75Office Supplies07/11/19 - OFFICE SUPPLIES3419100214STAPLES ADVANTAGE 101-3001-60400 57.54Tools/Equipment06/26/19 - RAKE & SHOVELS3459132SMITH PIPE & SUPPLY CO 101-3005-60432 805.97Special Enforcement Funds06/27/19 - CADET UNIFORMS47119CALIBER 101-2001-60175 108.94Cable - Utilities06/24-07/23/19 - FS #93 CABLE SVC (2415)502415062419TIME WARNER CABLE 101-2002-61400 280.66Membership Dues08/30/19-08/30/20 - MEMBERSHIP DUES504224712MOTION PICTURE LICENSING …101-3002-60351 600.00Map/Plan Checking06/28/19 PARCEL MERGER LOTS53&54 20…5294RASA/ERIC NELSON 101-7002-60183 680.00Map/Plan Checking06/28/19 LOT LINE ADJ 2019-0003 LOT 55…5295RASA/ERIC NELSON 101-7002-60183 680.00Map/Plan Checking06/28/19 LOT LINE ADJ 2019-0004 LOT 42…5296RASA/ERIC NELSON 101-7002-60183 1,193.26Temporary Agency Services07/05/19 - HUB TEMP SVCS M GONZALEZ53816111ROBERT HALF TECHNOLOGY 101-6006-60125 762.24Temporary Agency Services07/05/19 - CODE TEMP SVCS C HARGENS53821733OFFICE TEAM 101-6004-60125 315.00Operating Supplies06/2019 - WC GYM EQUIP PREV MAINT5455ROYAL GYM SERVICES, LLC 101-3002-60420 10,750.14Marketing & Tourism Promoti…06/2019 JUNE DIGITAL6965JNS MEDIA SPECIALISTS 101-3007-60461 3,000.00Marketing & Tourism Promoti…06/30/19 PRINT BUY CV KIDS LOCAL MAG…70COACHELLA VALLEY KIDS LLC 101-3007-60461 215.00Maintenance/Services03/22/19 - FS #32 SVC BAY EXHAUST FAN72920VINTAGE E & S INC 101-2002-60691 6,080.00Marketing & Tourism Promoti…07/03/19 MEDIA BUY LOCAL PRINT PUBLI…760DESERT HEALTH 101-3007-60461 1,168.88Fritz Burns Pool06/13/19 - FB POOL LANE LINES76713461LINCOLN AQUATICS 101-3005-60184 95.00Recruiting/Pre-Employment07/02/19 - PHYSICALS HR81135EISENHOWER OCCUPATIONAL…101-1004-60129 165.00Travel & Training07/02/19 - PHYSICALS BLDG81135EISENHOWER OCCUPATIONAL…101-3008-60320 18.36LQ Police Volunteers10/15/18 - POLICE SHREDDING8125797357ASHRED-IT USA - SAN BERNADI…101-2001-60109 174.54Citywide Conf Room Supplies07/09/19 - CITY WIDE COFFEE951347DAIOHS FIRST CHOICE SERVICES 101-1007-60403 962.50Professional Services06/2019 CONSULTING SVCS FOR EMP LDR…960HENSON CONSULTING GROUP 101-1004-60103 63.52Subscriptions & Publications08/2019 - CITY HALL NEWSPAPERAUG'19DS0155030DESERT SUN, THE 101-6001-60352 37.71Materials/Supplies07/03/19 - PUMP HOUSE KEYBB00533059LOCK SHOP INC, THE 101-3005-60431 1,056.39Electricity - Utilities07/12/19 - ELECTRICITY SERVICECSE158IMPERIAL IRRIGATION DIST 101-2002-61101 759.95Water - Utilities07/12/19 - WATER SERVICECSW216COACHELLA VALLEY WATER DI…101-2002-61200 783.77Water -Monticello Park - Utiliti…07/12/19 - WATER SERVICECSW216COACHELLA VALLEY WATER DI…101-3005-61201 100.91Water -Fritz Burns Park - Utiliti…07/12/19 - WATER SERVICECSW216COACHELLA VALLEY WATER DI…101-3005-61204 19.60Water -Seasons Park - Utilities07/12/19 - WATER SERVICECSW216COACHELLA VALLEY WATER DI…101-3005-61208 216.09Water -Community Park - Utilit…07/12/19 - WATER SERVICECSW216COACHELLA VALLEY WATER DI…101-3005-61209 116.22Water - Utilities07/12/19 - WATER SERVICECSW216COACHELLA VALLEY WATER DI…101-3008-61200 53,219.00Membership Dues07/01/19 - FY 19/20 MEMBERSHIP DUESCV20007-19COACHELLA VALLEY ASSOC OF…101-1002-60351 827.40Recruiting/Pre-Employment06/30/19-06/29/20 PERFORM & INSIGHT …INV29010GOVERNMENTJOBS.COM INC.101-1004-60129 787.96Operating Supplies05/2019 - RADIO MAINTIT0000003019RIVERSIDE COUNTY INFORMAT…101-2001-60420 45.52Telephone - Utilities07/2019 - LQ PARK PHONEJUL'193452951FRONTIER COMMUNICATIONS…101-3005-61300 313.20Life Insurance Pay07/2019 - LIFE INSURANCEJUL'196430680001STANDARD INSURANCE COMP…101-0000-20947 2,752.40Disability Insurance Pay07/2019 - DISABILITYJUL'196430680001STANDARD INSURANCE COMP…101-0000-20955 363.91Add'l Life Insurance Pay07/2019 - ADD'L LIFE INSURANCEJUL'196430680002STANDARD INSURANCE COMP…101-0000-20948 36.36Telephone - Utilities06/28-07/27/19 - SPORTS COMPLEX PHO…JUL'197713100FRONTIER COMMUNICATIONS…101-3005-61300 35,028.00MSHCP Mitigation Fee06/2019 - MSHCP FEESJUN'19COACHELLA VALLEY CONSERV…101-0000-20310 -350.28CVMSHCP Admin Fee06/2019 - MSHCP FEESJUN'19COACHELLA VALLEY CONSERV…101-0000-43631 2,716.00Attorney842313 - DUNEPALMS PROJECT ROWJUN'19RUTAN & TUCKER 101-1003-60153 107.50Attorney842312 - SILVERROCK RESORT SVC MARKJUN'19RUTAN & TUCKER 101-1003-60153 5,817.00Attorney842305 - GENERAL ACCOUNTJUN'19RUTAN & TUCKER 101-1003-60153 2,400.00Attorney842306 - PERSONNEL GENERALJUN'19RUTAN & TUCKER 101-1003-60153 288.00Attorney842314 - LQ POLO ESTATES ASS'N INCJUN'19RUTAN & TUCKER 101-1003-60153 39 Demand Register Packet: APPKT02067 - BC 07/19/19 7/19/2019 3:46:09 PM Page 3 of 8 AmountVendor Name Payable Number Description (Item)Account Name Account Number 1,827.50Attorney842308 - CODE ENFORCEMENTJUN'19RUTAN & TUCKER 101-1003-60153 9,548.00Attorney842315 - WASHINGTON PLAZA PATH OF T…JUN'19RUTAN & TUCKER 101-1003-60153 11,000.00Attorney842310 - RETAINER MATTERJUN'19RUTAN & TUCKER 101-1003-60153 2,650.50Attorney842311 - SILVERROCK RESORTJUN'19RUTAN & TUCKER 101-1003-60153 2,608.00Attorney/Litigation842307 - ALTIZER VS LQJUN'19RUTAN & TUCKER 101-1003-60154 520.00Developer Deposits841649 - MCVEIGH CEQAMAY'19RUTAN & TUCKER 101-0000-22810 3,744.00Attorney841650 - DUNEPALMS PROJECT ROWMAY'19RUTAN & TUCKER 101-1003-60153 1,674.85Attorney841651 - LQ POLO ESTATES ASS'N INCMAY'19RUTAN & TUCKER 101-1003-60153 9,088.29Attorney841641 - GENERAL ACCOUNTMAY'19RUTAN & TUCKER 101-1003-60153 816.00Attorney841642 - PERSONNEL GENERALMAY'19RUTAN & TUCKER 101-1003-60153 120.00Attorney841652 - WASHINGTON PLAZA PATH OF T…MAY'19RUTAN & TUCKER 101-1003-60153 86.00Attorney841648 - SILVERROCK RESORTMAY'19RUTAN & TUCKER 101-1003-60153 75.54Attorney841646 - HOUSING AUTHORITYMAY'19RUTAN & TUCKER 101-1003-60153 2,714.00Attorney841644 - CODE ENFORCEMENTMAY'19RUTAN & TUCKER 101-1003-60153 11,000.00Attorney841647 - RETAINER MATTERMAY'19RUTAN & TUCKER 101-1003-60153 720.00Attorney/Litigation841653 - ALTIZER VS LQMAY'19RUTAN & TUCKER 101-1003-60154 432.00Attorney/Litigation841645 - PUBLIC WORKS DISPUTEMAY'19RUTAN & TUCKER 101-1003-60154 1,320.00Attorney/Litigation841643 - LITIGATION GENERALMAY'19RUTAN & TUCKER 101-1003-60154 463.85Water -Desert Pride - Utilities07/12/19 - WATER SERVICEPWW197COACHELLA VALLEY WATER DI…101-3005-61206 36.06PM 10 - Dust Control07/12/19 - WATER SERVICEPWW197COACHELLA VALLEY WATER DI…101-7006-60146 50.62Tools/Equipment06/26/19 - POP-UP BIT SETS113214948.002WALTERS WHOLESALE ELECTR…101-7003-60432 2.63Materials/Supplies06/30/19 - FINANCE CHGS2654046.001DESERT ELECTRIC SUPPLY 101-3008-60431 662,149.73Sheriff Patrol04/25-05/22/19 - BP12 POLICE SERVICESH0000035514RIVERSIDE COUNTY SHERIFF D…101-2001-60161 28,844.77Police Overtime04/25-05/22/19 - BP12 POLICE SERVICESH0000035514RIVERSIDE COUNTY SHERIFF D…101-2001-60162 123,339.20Target Team04/25-05/22/19 - BP12 POLICE SERVICESH0000035514RIVERSIDE COUNTY SHERIFF D…101-2001-60163 64,936.95Community Services Officer04/25-05/22/19 - BP12 POLICE SERVICESH0000035514RIVERSIDE COUNTY SHERIFF D…101-2001-60164 13,622.40Gang Task Force04/25-05/22/19 - BP12 POLICE SERVICESH0000035514RIVERSIDE COUNTY SHERIFF D…101-2001-60166 13,622.40Narcotics Task Force04/25-05/22/19 - BP12 POLICE SERVICESH0000035514RIVERSIDE COUNTY SHERIFF D…101-2001-60167 99,378.40Motor Officer04/25-05/22/19 - BP12 POLICE SERVICESH0000035514RIVERSIDE COUNTY SHERIFF D…101-2001-60169 38,536.65Dedicated Sargeants04/25-05/22/19 - BP12 POLICE SERVICESH0000035514RIVERSIDE COUNTY SHERIFF D…101-2001-60170 21,363.20Dedicated Lieutenant04/25-05/22/19 - BP12 POLICE SERVICESH0000035514RIVERSIDE COUNTY SHERIFF D…101-2001-60171 34,910.18Sheriff - Mileage04/25-05/22/19 - BP12 POLICE SERVICESH0000035514RIVERSIDE COUNTY SHERIFF D…101-2001-60172 3,599.40Special Enforcement Funds04/25-05/22/19 - BP12 POLICE SERVICESH0000035514RIVERSIDE COUNTY SHERIFF D…101-2001-60175 13,500.00Professional ServicesBP2 FEE SCHEDULE COMPREHENSIVE STU…UFS0619-403CLEARSOURCE FINANCIAL CO…101-1005-60103 Fund 101 - GENERAL FUND Total:1,654,761.13 Fund: 201 - GAS TAX FUND 100.92Traffic Control Signs06/28/19 - TRAFFIC CONTROL SIGNS1075955TOPS'N BARRICADES INC 201-7003-60429 145.00Professional Services06/2019 FRITZ BURNS PARK-SIDEWALK & …14 JOB 2018-02NAI CONSULTING INC 201-7003-60103 206.61Safety Gear07/11/19 - SAFETY BOOTS - A CABRERA14010JERNIGAN'S, INC 201-7003-60427 168.55Safety Gear07/12/19 - SAFETY BOOTS - B TELLEZ14015JERNIGAN'S, INC 201-7003-60427 2,308.22Traffic Control Signs06/27/19 - TRAFFIC CONTROL SIGNS15238 EISAFEWAY SIGN COMPANY 201-7003-60429 24.08Materials/Supplies07/2019 - CA STATE FEE DIG ALERT18DSBFEE3322UNDERGROUND SERVICE ALERT 201-7003-60431 82.60Materials/Supplies07/01/19 - DIG ALERT FEES620190378UNDERGROUND SERVICE ALERT 201-7003-60431 Fund 201 - GAS TAX FUND Total:3,035.98 Fund: 202 - LIBRARY & MUSEUM FUND 7,500.00County of Riverside - Library06/24/19 EDUCATIONAL PROGRAMING F…51SCRAP GALLERY 202-3004-60114 80.70Water - Utilities07/12/19 - WATER SERVICECSW216COACHELLA VALLEY WATER DI…202-3004-61200 84.10Water - Utilities07/12/19 - WATER SERVICECSW216COACHELLA VALLEY WATER DI…202-3006-61200 2.18Maintenance/Services06/30/19 - FINANCE CHGS2654046.001DESERT ELECTRIC SUPPLY 202-3006-60691 Fund 202 - LIBRARY & MUSEUM FUND Total:7,666.98 Fund: 212 - SLESA (COPS) FUND 12,237.28COPS Robbery Prevention04/25-05/22/19 - BP12 POLICE SERVICESH0000035514RIVERSIDE COUNTY SHERIFF D…212-0000-60178 628.86COPS Burglary/Theft Preventi…04/25-05/22/19 - BP12 POLICE SERVICESH0000035514RIVERSIDE COUNTY SHERIFF D…212-0000-60179 Fund 212 - SLESA (COPS) FUND Total:12,866.14 Fund: 215 - LIGHTING & LANDSCAPING FUND 3,977.11Administration07/2019-09/2019 WILLDAN FINANCIAL SE…10-41653WILLDAN FINANCIAL SERVICES 215-7004-60102 5,278.00SilverRock Way Landscape06/2019 FY 18/19 SRR PERIMETER LANDS…63019-01LANDMARK GOLF MANAGEM…215-7004-60143 57,254.00Landscape Contract07/2019 GENERAL MAINTENANCE91561PWLC II, INC 215-7004-60112 136.15Electric - Utilities07/12/19 - ELECTRICITY SERVICEPW214IMPERIAL IRRIGATION DIST 215-7004-61116 40 Demand Register Packet: APPKT02067 - BC 07/19/19 7/19/2019 3:46:09 PM Page 4 of 8 AmountVendor Name Payable Number Description (Item)Account Name Account Number 38.51Electric - Medians - Utilities07/12/19 - ELECTRICITY SERVICEPW214IMPERIAL IRRIGATION DIST 215-7004-61117 3,102.23Water - Medians - Utilities07/12/19 - WATER SERVICEPWW197COACHELLA VALLEY WATER DI…215-7004-61211 963.02Operating Supplies06/25/19 - PLANTS REPLACEMENTREG001-12032VINTAGE ASSOCIATES 215-7004-60420 103.18Operating Supplies07/03/19 - PLANT REPLACEMENTSREG001-12062VINTAGE ASSOCIATES 215-7004-60420 Fund 215 - LIGHTING & LANDSCAPING FUND Total:70,852.20 Fund: 224 - TUMF FUND 413,730.00TUMF Payable to CVAG06/2019 - TUMP FEE062819COACHELLA VALLEY ASSOC OF…224-0000-20320 Fund 224 - TUMF FUND Total:413,730.00 Fund: 241 - HOUSING AUTHORITY 17.96Operating Supplies07/03/19 - OFFICE SUPPLIES2317620380OFFICE DEPOT 241-9101-60420 26.88Operating Supplies07/03/19 - OFFICE SUPPLIES2317620381OFFICE DEPOT 241-9101-60420 88.98Operating Supplies07/02/19 - OFFICE SUPPLIES337025301001OFFICE DEPOT 241-9101-60420 18.48Operating Supplies07/02/19 - CALENDAR ANGELA337025876001OFFICE DEPOT 241-9101-60420 -51.72Operating Supplies07/05/19 - OFFICE SUPPLIES RETURN MA…338000996-001OFFICE DEPOT 241-9101-60420 182.95Attorney842309 - HOUSING AUTHORITYJUN'19RUTAN & TUCKER 241-9101-60153 Fund 241 - HOUSING AUTHORITY Total:283.53 Fund: 270 - ART IN PUBLIC PLACES FUND 2,500.00Art Purchases06/28/19 FINAL PYMT MURAL PAINTING - …062819CUEVAS, JOHN 270-0000-74800 Fund 270 - ART IN PUBLIC PLACES FUND Total:2,500.00 Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS 435.00Professional Services06/2019 MADISON (AVE 50-AVE52)14 JOB 2018-02NAI CONSULTING INC 401-0000-60103 2,030.00Professional Services06/2019 PAVEMENT MGMT PLAN ST IMP…14 JOB 2018-02NAI CONSULTING INC 401-0000-60103 1,380.00Professional Services06/2019 SILVERROCK INFRASTRUCTURE I…14 JOB 2018-02NAI CONSULTING INC 401-0000-60103 145.00Professional Services06/2019 EISENHOWER RETENTION BASIN …14 JOB 2018-02NAI CONSULTING INC 401-0000-60103 4,787.04Professional Services06/2019 DUNE PALMS BRIDGE IMPROVE…14 JOB 2018-02NAI CONSULTING INC 401-0000-60103 997.50Professional Services06/2019 RETENTION BASIN (DPLM AT W…14 JOB 2018-02NAI CONSULTING INC 401-0000-60103 3,335.00Professional Services06/2019 SILVERROCK EVENT SITE14 JOB 2018-02NAI CONSULTING INC 401-0000-60103 322.50Professional Services06/2019 CALLE TAMPICO DRAINAGE14 JOB 2018-02NAI CONSULTING INC 401-0000-60103 5,107.50Professional Services06/2019 HIGHWAY 111 SIDEWALK IMPRO…14 JOB 2018-02NAI CONSULTING INC 401-0000-60103 6,955.00Professional Services06/2019 LQ VILLAGE-A ROAD DIET PROJECT14 JOB 2018-02NAI CONSULTING INC 401-0000-60103 863.52Professional Services06/2019 SSAR SYS SAFETY ANALYSIS REPO…14 JOB 2018-02NAI CONSULTING INC 401-0000-60103 457.50Professional Services06/2019 HSOP TRAFF SIGNAL INTERCONN…14 JOB 2018-02NAI CONSULTING INC 401-0000-60103 250.00Professional Services06/2019 SB821 JEFFERSON ST SIDEWALK …14 JOB 2018-02NAI CONSULTING INC 401-0000-60103 435.00Professional Services06/2019 N LA QUINTA SKATE AND BMX P…14 JOB 2018-02NAI CONSULTING INC 401-0000-60103 580.00Professional Services06/2019 CITYWIDE SIDEWALK IMPROVEM…14 JOB 2018-02NAI CONSULTING INC 401-0000-60103 8.52Professional Services06/2019 HSIP INTERSECTION IMPROVEM…14 JOB 2018-02NAI CONSULTING INC 401-0000-60103 767.50Professional Services06/2019 WASHINGTON DRAINAGE IMPR…14 JOB 2018-02NAI CONSULTING INC 401-0000-60103 2,540.00Professional Services06/2019 EISENHOWER DRAINAGE14 JOB 2018-02NAI CONSULTING INC 401-0000-60103 790.00Professional Services06/2019 N LQ PARKWAY TURF CONVERSI…14 JOB 2018-02NAI CONSULTING INC 401-0000-60103 2,530.00Professional Services06/2019 WASHINGTON ST AT FRED WARI…14 JOB 2018-02NAI CONSULTING INC 401-0000-60103 145.00Professional Services06/2019 CC CAMPUS LAKE/IRRIG CONVER…14 JOB 2018-02NAI CONSULTING INC 401-0000-60103 177.50Professional Services06/2019 JEFFERSON-AVE 53 ROUNDABOUT14 JOB 2018-02NAI CONSULTING INC 401-0000-60103 766.02Professional Services06/2019 DUNE PALMS ST IMPROVEMENTS…14 JOB 2018-02NAI CONSULTING INC 401-0000-60103 1,210.00Professional Services06/2019 COVE PUBLIC RESTROOM14 JOB 2018-02NAI CONSULTING INC 401-0000-60103 -4,390.00Retention PayablePO 1819-0145 RETENTION #11JACOBSSON ENGINEERING CO…401-0000-20600 87,800.00Construction06/30/19 PROG PMT 1 2009-04 DUNE PA…1JACOBSSON ENGINEERING CO…401-0000-60188 421.00Construction07/03/19 - MMU REPAIRS150534ECONOLITE CONTROL PRODU…401-0000-60188 3,768.62Retention Payable07/12/19 - FINAL RETENTION PO 1819-01…1905-2UNIVERSAL CONCRETE CONST…401-0000-20600 9,472.50Design03/30-04/26/19 DUNE PALMS RETENTION…20192777DUDEK & ASSOCIATES INC 401-0000-60185 834.56Design06/26/19 - IID SAFETY LIGHT4027118AIMPERIAL IRRIGATION DIST 401-0000-60185 150.14Construction06/28/19 - 2018-03 BID SETS876416PLANIT REPROGRAPHICS SYST…401-0000-60188 471.91Construction06/25/19 - CONDUCTOR STOCKS113405508.001WALTERS WHOLESALE ELECTR…401-0000-60188 Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total:135,543.83 Fund: 501 - FACILITY & FLEET REPLACEMENT 2,480.40Fuel & Oil06/15-06/30/19 - VEHICLE FUEL1317TOWER ENERGY GROUP 501-0000-60674 Fund 501 - FACILITY & FLEET REPLACEMENT Total:2,480.40 Fund: 502 - INFORMATION TECHNOLOGY 800.00Consultants06/2019 COUNCIL MTG MEDIA RECORD, …1262FISHER INTEGRATED INC 502-0000-60104 41 Demand Register Packet: APPKT02067 - BC 07/19/19 7/19/2019 3:46:09 PM Page 5 of 8 AmountVendor Name Payable Number Description (Item)Account Name Account Number 140.16Cable - Utilities06/15-07/14/19 - WC CABLE SVC (8105)18105070319TIME WARNER CABLE 502-0000-61400 18,900.00Consultants06/01-06/30/19 RIM MGMT INFORMATI…2100726CONVERGEONE, INC 502-0000-60104 91,637.00Software Licenses07/01/19-06/30/2020 HR/FINANCE SOFT…25-258400TYLER TECHNOLOGIES 502-0000-60301 161.27Cable - Utilities07/2019 - CITY HALL CABLE (4625)34625070119TIME WARNER CABLE 502-0000-61400 244.22Cable - Utilities06/24-07/23/19 - WC CABLE (4601)504601062419TIME WARNER CABLE 502-0000-61400 8.83Cable - Utilities06/20-07/19/19 - WC CABLE61909062019TIME WARNER CABLE 502-0000-61400 66.52Cable - Utilities06/02-07/01/19 - BACKUP SERVER (2183)9833198665VERIZON WIRELESS 502-0000-61400 864.54Cell/Mobile Phones06/02-07/01/19 - CITY CELL SVC IPADS (55…9833198769VERIZON WIRELESS 502-0000-61301 1,976.89Cell/Mobile Phones06/02-07/01/19 - CITY CELL SVC (5496)9833235911VERIZON WIRELESS 502-0000-61301 3,786.88Software Licenses05/10-06/09/19 - MS AZURE ONLINE SVCSE03008ENGNAMICROSOFT CORPORATION 502-0000-60301 3,776.77Software Licenses06/10-07/09/19 - MS AZURE ONLINE SVCSE03008MMI5MICROSOFT CORPORATION 502-0000-60301 6,063.75Software Licenses06/28/19-06/27/20 PERFORM & INSIGHT …INV28994GOVERNMENTJOBS.COM INC.502-0000-60301 3,365.93Software Licenses06/30/19-06/29/20 PERFORM & INSIGHT …INV29010GOVERNMENTJOBS.COM INC.502-0000-60301 85.98Cable - Utilities06/25-07/24/19 - CITY HALL INTERNETJUL'191693171FRONTIER COMMUNICATIONS…502-0000-61400 50.98Cable - Utilities06/27-07/26/19 - BLACKHAWK/LQ PARK DSJUL'193604861FRONTIER COMMUNICATIONS…502-0000-61400 55.98Cable - Utilities06/26-07/25/19 - CITY HALL DSLJUL'197712842FRONTIER COMMUNICATIONS…502-0000-61400 213.85Cable - Utilities07/04-08/03/19 - DSL SERVICEJUL'197771222FRONTIER COMMUNICATIONS…502-0000-61400 Fund 502 - INFORMATION TECHNOLOGY Total:132,199.55 Fund: 504 - INSURANCE FUND 6.19Office Supplies03/06/19 - BINDER283472643002OFFICE DEPOT 504-1010-60400 Fund 504 - INSURANCE FUND Total:6.19 Fund: 601 - SILVERROCK RESORT 648.65Bank Fees07/2019 - SRR ARMORED SERVICES10496812GARDAWORLD 601-0000-60455 45.68Bank Fees06/2019 SRR ARMORED SERVICES70091382GARDAWORLD 601-0000-60455 Fund 601 - SILVERROCK RESORT Total:694.33 Grand Total:2,436,620.26 42 Demand Register Packet: APPKT02067 - BC 07/19/19 7/19/2019 3:46:09 PM Page 6 of 8 Fund Summary Fund Expense Amount 101 - GENERAL FUND 1,654,761.13 201 - GAS TAX FUND 3,035.98 202 - LIBRARY & MUSEUM FUND 7,666.98 212 - SLESA (COPS) FUND 12,866.14 215 - LIGHTING & LANDSCAPING FUND 70,852.20 224 - TUMF FUND 413,730.00 241 - HOUSING AUTHORITY 283.53 270 - ART IN PUBLIC PLACES FUND 2,500.00 401 - CAPITAL IMPROVEMENT PROGRAMS 135,543.83 501 - FACILITY & FLEET REPLACEMENT 2,480.40 502 - INFORMATION TECHNOLOGY 132,199.55 504 - INSURANCE FUND 6.19 601 - SILVERROCK RESORT 694.33 Grand Total:2,436,620.26 Account Summary Account Number Account Name Expense Amount 101-0000-20310 MSHCP Mitigation Fee 35,028.00 101-0000-20945 Vision Insurance Pay 1,698.53 101-0000-20947 Life Insurance Pay 313.20 101-0000-20948 Add'l Life Insurance Pay 363.91 101-0000-20955 Disability Insurance Pay 2,752.40 101-0000-22810 Developer Deposits 253,970.00 101-0000-43631 CVMSHCP Admin Fee -350.28 101-1001-60320 Travel & Training 178.49 101-1002-60101 Contract Services - Admini…10,500.00 101-1002-60351 Membership Dues 62,747.80 101-1003-60153 Attorney 65,673.18 101-1003-60154 Attorney/Litigation 5,080.00 101-1004-60103 Professional Services 962.50 101-1004-60129 Recruiting/Pre-Employme…1,194.90 101-1005-60103 Professional Services 13,500.00 101-1005-60400 Office Supplies 88.63 101-1006-60103 Professional Services 155.62 101-1007-60403 Citywide Conf Room Suppl…252.83 101-2001-60109 LQ Police Volunteers 203.97 101-2001-60161 Sheriff Patrol 662,149.73 101-2001-60162 Police Overtime 28,844.77 101-2001-60163 Target Team 123,339.20 101-2001-60164 Community Services Offic…64,936.95 101-2001-60166 Gang Task Force 13,622.40 101-2001-60167 Narcotics Task Force 13,622.40 101-2001-60169 Motor Officer 99,378.40 101-2001-60170 Dedicated Sargeants 38,536.65 101-2001-60171 Dedicated Lieutenant 21,363.20 101-2001-60172 Sheriff - Mileage 34,910.18 101-2001-60175 Special Enforcement Funds 4,405.37 101-2001-60420 Operating Supplies 787.96 101-2002-60691 Maintenance/Services 215.00 101-2002-61101 Electricity - Utilities 1,056.39 101-2002-61200 Water - Utilities 759.95 101-2002-61400 Cable - Utilities 108.94 101-3001-60135 Boys & Girls Club 10,000.00 101-3001-60320 Travel & Training 280.00 101-3001-60400 Office Supplies 64.75 101-3002-60107 Instructors 3,133.20 101-3002-60351 Membership Dues 430.66 101-3002-60400 Office Supplies 428.82 101-3002-60420 Operating Supplies 944.83 43 Demand Register Packet: APPKT02067 - BC 07/19/19 7/19/2019 3:46:09 PM Page 7 of 8 Account Summary Account Number Account Name Expense Amount 101-3005-60184 Fritz Burns Pool 5,577.59 101-3005-60423 Supplies-Graffiti and Van…3,147.65 101-3005-60431 Materials/Supplies 37.71 101-3005-60432 Tools/Equipment 57.54 101-3005-60554 LQ Park Water Feature 407.00 101-3005-60691 Maintenance/Services 35,440.93 101-3005-61201 Water -Monticello Park - …783.77 101-3005-61204 Water -Fritz Burns Park - …100.91 101-3005-61206 Water -Desert Pride - Utili…463.85 101-3005-61208 Water -Seasons Park - Util…19.60 101-3005-61209 Water -Community Park -…216.09 101-3005-61300 Telephone - Utilities 81.88 101-3007-60461 Marketing & Tourism Pro…19,830.14 101-3008-60320 Travel & Training 165.00 101-3008-60431 Materials/Supplies 2.63 101-3008-61200 Water - Utilities 116.22 101-6001-60352 Subscriptions & Publicati…63.52 101-6001-60400 Office Supplies 12.28 101-6004-60111 Administrative Citation Se…659.10 101-6004-60125 Temporary Agency Servic…762.24 101-6004-60690 Uniforms 115.16 101-6006-60125 Temporary Agency Servic…1,193.26 101-7002-60183 Map/Plan Checking 1,960.00 101-7003-60432 Tools/Equipment 50.62 101-7006-60104 Consultants 5,767.50 101-7006-60146 PM 10 - Dust Control 36.06 101-7006-60420 Operating Supplies 59.45 201-7003-60103 Professional Services 145.00 201-7003-60427 Safety Gear 375.16 201-7003-60429 Traffic Control Signs 2,409.14 201-7003-60431 Materials/Supplies 106.68 202-3004-60114 County of Riverside - Libra…7,500.00 202-3004-61200 Water - Utilities 80.70 202-3006-60691 Maintenance/Services 2.18 202-3006-61200 Water - Utilities 84.10 212-0000-60178 COPS Robbery Prevention 12,237.28 212-0000-60179 COPS Burglary/Theft Prev…628.86 215-7004-60102 Administration 3,977.11 215-7004-60112 Landscape Contract 57,254.00 215-7004-60143 SilverRock Way Landscape 5,278.00 215-7004-60420 Operating Supplies 1,066.20 215-7004-61116 Electric - Utilities 136.15 215-7004-61117 Electric - Medians - Utiliti…38.51 215-7004-61211 Water - Medians - Utilities 3,102.23 224-0000-20320 TUMF Payable to CVAG 413,730.00 241-9101-60153 Attorney 182.95 241-9101-60420 Operating Supplies 100.58 270-0000-74800 Art Purchases 2,500.00 401-0000-20600 Retention Payable -621.38 401-0000-60103 Professional Services 37,015.10 401-0000-60185 Design 10,307.06 401-0000-60188 Construction 88,843.05 501-0000-60674 Fuel & Oil 2,480.40 502-0000-60104 Consultants 19,700.00 502-0000-60301 Software Licenses 108,630.33 502-0000-61301 Cell/Mobile Phones 2,841.43 502-0000-61400 Cable - Utilities 1,027.79 504-1010-60400 Office Supplies 6.19 44 Demand Register Packet: APPKT02067 - BC 07/19/19 7/19/2019 3:46:09 PM Page 8 of 8 Account Summary Account Number Account Name Expense Amount 601-0000-60455 Bank Fees 694.33 Grand Total:2,436,620.26 Project Account Summary Project Account Key Expense Amount **None**2,035,920.43 09-017E 253,450.00 091002P 435.00 091004CT 87,800.00 091004P 766.02 091004RP -4,390.00 111205P 4,787.04 141517P 1,380.00 151603D 834.56 151603P 6,955.00 151609P 435.00 151612D 9,472.50 151612P 4,627.50 16-013E 520.00 1819PMPP 2,030.00 1819STIP 580.00 1819TMICT 471.91 1920TMICT 421.00 201601P 8.52 201602P 457.50 201603P 790.00 201606P 145.00 201608P 3,335.00 201701P 2,530.00 201704P 145.00 201706P 250.00 201706RP 3,768.62 201708P 863.52 201709P 177.50 201716E 11,041.00 201722E 145.00 201801P 1,210.00 201803CT 150.14 201803P 5,107.50 Grand Total:2,436,620.26 45 7/25/2019 5:23:55 PM Page 1 of 5 Demand Register City of La Quinta Packet: APPKT02075 - JD 07/26/19 AmountVendor Name Payable Number Post Date Description (Item)Account Number Fund: 101 - GENERAL FUND 760.0005/22/19 - CITY HALL BROKEN…06/28/2019328422531ROTO ROOTER PLUMBERS INC 101-3008-60691 195.0005/31/19 - FB POOL OFFICE CL…06/28/2019535822MERCHANTS BUILDING MAINT…101-3005-60115 79.0006/11/19 - CITY HALL DIAGNO…06/28/2019AB2222FIRST CHOICE A/C & HEATING …101-3008-60667 4,985.0006/11/19 - FS #32 EVAP COOL…06/28/2019FCO3039FIRST CHOICE A/C & HEATING …101-2002-60691 195.0006/15/19 - BLOOD/ALCOHOL …06/28/201972268AMERICAN FORENSIC NURSES …101-2001-60174 19.2506/15/19 - POLICE SHREDDING06/28/20198127503876SHRED-IT USA - SAN BERNADI…101-2001-60109 328.0606/17/19 - CITY HALL MAINT S…06/28/2019115181DOOR TECH, LLC 101-3008-60691 1,294.3506/23-07/22/19- PHONE LINES07/26/2019118038211-0TPx COMMUNICATIONS 101-2002-61300 868.9206/24/19 - CODE BODY CAME…06/28/2019VVSI1000010VIEVU 101-6004-60425 471.1806/26/19 - CITY HALL LOCKER …06/28/2019109964480ULINE 101-3008-60431 184.5806/27/19 - LQ PARK MATERIALS06/28/20193459756SMITH PIPE & SUPPLY CO 101-3008-60431 9,087.82FY 18/19 ON CALL BUILDING P…06/28/20190058932-INESGIL CORPORATION 101-6003-60118 5,101.7604/01-06/30/19 - SEISMIC HA…06/28/2019062819DEPARTMENT OF CONSERVAT…101-0000-20308 -255.0904/01-06/30/19 - SEISMIC HA…06/28/2019062819DEPARTMENT OF CONSERVAT…101-0000-42610 650.0006/2019-ON CALL BUILDING P…06/28/2019127741HR GREEN PACIFIC INC 101-6003-60118 8,438.0904/25-05/22/19 - BP #12 SCH…06/28/20192019/1670DESERT SANDS UNIFIED SCHO…101-2001-60168 245.0006/30/19 - BLOOD ALCOHOL T…06/28/2019382456DEPARTMENT OF JUSTICE 101-2001-60174 3,412.5005/2019-ON CALL BUILDING P…06/28/201950640INTERWEST CONSULTING GR…101-6003-60118 2,775.0006/2019-ON CALL BUILDING P…06/28/201951194INTERWEST CONSULTING GR…101-6003-60118 760.0006/28/19 - CH UNDERCAB LIG…06/28/201973043VINTAGE E & S INC 101-3008-60691 190.0006/17/19 - WC LIGHTING REPA…06/28/201973044VINTAGE E & S INC 101-3008-60691 27.7606/28/19 - OVERNIGHT MAIL06/28/20198949370ONTRAC 101-1007-60470 77.3706/2019 - SATELLITE PHONES06/28/20199061304460NI GOVERNMENT SERVICES INC 101-2002-61304 63.3205/29-06/27/19 - FS #93 GAS …06/28/2019JUN'19165682485…GAS COMPANY, THE 101-2002-61100 116.4705/29-06/27/19 - FS #70 MOV…06/28/2019JUN'198768HOME DEPOT CREDIT SERVICES 101-2002-60670 14.1205/29-06/27/19 - FS #70 DOOR…06/28/2019JUN'198768HOME DEPOT CREDIT SERVICES 101-2002-60691 76.1005/29-06/27/19 - FS #70 POW…06/28/2019JUN'198768HOME DEPOT CREDIT SERVICES 101-2002-60691 28.8205/29-06/27/19 - FS #70 MAT…06/28/2019JUN'198768HOME DEPOT CREDIT SERVICES 101-2002-60691 1,215.7905/29-06/27/19 - FS #32 AIR C…06/28/2019JUN'198768HOME DEPOT CREDIT SERVICES 101-2002-80101 213.8005/29-06/27/19 - SAFETY GEAR06/28/2019JUN'198768HOME DEPOT CREDIT SERVICES 101-3005-60427 98.5905/29-06/27/19 - PLANT MAT…06/28/2019JUN'198768HOME DEPOT CREDIT SERVICES 101-3005-60431 253.0105/29-06/27/19 - SAW & MISC…06/28/2019JUN'198768HOME DEPOT CREDIT SERVICES 101-3005-60432 478.1105/29-06/27/19 - SAW & MISC…06/28/2019JUN'198768HOME DEPOT CREDIT SERVICES 101-3005-60432 151.3005/29-06/27/19 - SAW & SCR…06/28/2019JUN'198768HOME DEPOT CREDIT SERVICES 101-3005-60432 15.3905/29-06/27/19 - MITCHELL PA…06/28/2019JUN'198768HOME DEPOT CREDIT SERVICES 101-3008-60431 36.4305/29-06/27/19 - PW YARD M…06/28/2019JUN'198768HOME DEPOT CREDIT SERVICES 101-3008-60431 63.9905/29-06/27/19 - WC MATERI…06/28/2019JUN'198768HOME DEPOT CREDIT SERVICES 101-3008-60431 -89.0805/29-06/27/19 - WC MATERI…06/28/2019JUN'198768HOME DEPOT CREDIT SERVICES 101-3008-60431 98.2305/29-06/27/19 - WC MATERI…06/28/2019JUN'198768HOME DEPOT CREDIT SERVICES 101-3008-60431 93.3605/29-06/27/19 - MAG PICKUP…06/28/2019JUN'198768HOME DEPOT CREDIT SERVICES 101-3008-60432 81.1505/29-06/27/19 Tools06/28/2019JUN'198768HOME DEPOT CREDIT SERVICES 101-3008-60432 35.0905/29-06/27/19 - REPAIR MAT…06/28/2019JUN'198768HOME DEPOT CREDIT SERVICES 101-7003-60420 33.4605/29-06/27/19 - MATERIALS…06/28/2019JUN'198768HOME DEPOT CREDIT SERVICES 101-7003-60420 259.7505/29-06/27/19 - TARP MAINT…06/28/2019JUN'198768HOME DEPOT CREDIT SERVICES 101-7003-60420 38.0005/29-06/27/19 - GRIND BLAD…06/28/2019JUN'198768HOME DEPOT CREDIT SERVICES 101-7003-60432 26.6105/29-06/27/19 - PRESSURE …06/28/2019JUN'198768HOME DEPOT CREDIT SERVICES 101-7003-60432 448.2205/25-06/24/19 - COPS FUEL06/28/2019SH0000035717RIVERSIDE COUNTY SHERIFF D…101-2001-60176 2,846.2506/2019-FY 18/19 ON-CALL PL…06/28/2019TN1198117TERRA NOVA PLANNING & RE…101-6002-60103 1,339.0006/04/19 - FS #93 HVAC SVC06/28/2019FCO3077FIRST CHOICE A/C & HEATING …101-2002-60691 22,000.00REGIONAL PRINT MAGAZINE07/26/20191321-MLOCALE MAGAZINE 101-3007-60461 41,890.0007/2019 Parks and Retention …07/26/2019212953VINTAGE ASSOCIATES 101-3005-60112 84.9906/29-07/28/19-FS 32 INTERN…07/26/2019586491070119TIME WARNER CABLE 101-2002-61400 36.7907/01/19-F.B. PAINT07/26/20197228-2THE SHERWIN-WILLIAMS CO.101-3008-60431 46 Demand Register Packet: APPKT02075 - JD 07/26/19 7/25/2019 5:23:55 PM Page 2 of 5 AmountVendor Name Payable Number Post Date Description (Item)Account Number 583.9807/01-09/30/19- C.H. ELEVAT…07/26/2019959287251KONE INC 101-3008-60691 7,399.3807/01/19-FY 20 LAFCO FEES07/26/2019AC0000001666COUNTY OF RIVERSIDE 101-1002-60351 145.1707/01/19 SHELF FOR COPS07/26/20193419042699STAPLES ADVANTAGE 101-2001-60109 1,275.0007/2019 Website/Retainer07/26/20196969JNS MEDIA SPECIALISTS 101-3007-60461 168.5507/11/19-SAFETY GEAR A.ROD…07/26/201914009JERNIGAN'S, INC 101-3005-60427 128.3407/09/19-OFFICE SUPPLIES07/26/20193419100212STAPLES ADVANTAGE 101-6001-60420 3,825.00Fiber Optic Training and Certifi…07/26/20190000092INTERNATIONAL MUNICIPAL S…101-7006-60320 135.9307/12/19-SAFETY GEAR R.ALV…07/26/201914014JERNIGAN'S, INC 101-3005-60427 291.817/11/19-OFFICE SUPPLIES07/13/20193419370493STAPLES ADVANTAGE 101-3008-60481 895.0007/12/19-FS 32 AIR COMPRES…07/26/20194257JR HOME IMPROVEMENTS INC.101-2002-60691 762.2407/12/19- CODE TEMP SVCS C…07/26/201953869620OFFICE TEAM 101-6004-60125 350.0007/17/19-CVAG GENERAL ASS…07/26/2019CV19247-19COACHELLA VALLEY ASSOC OF…101-1001-60320 149.0009/05/19-SEMINAR A.HICKSON07/26/201912122394SKILL PATH SEMINARS 101-6006-60320 5,000.0007/2019-ART CONTEST SPONS…07/26/2019INV03504SUNLINE TRANSIT AGENCY 101-3007-60461 16.3007/17/19-OFFICE SUPPLIES07/26/20193419703196STAPLES ADVANTAGE 101-3007-60420 325.0007/02/19-FS 32 CARPET CLEAN…07/26/20191257ACE CARPET CLEANING 101-2002-60691 36.7907/02/19-MITCHEL PAIGE PAI…07/26/20197287-8THE SHERWIN-WILLIAMS CO.101-3008-60431 2,527.3307/22/19- WATER SERVICE06/28/2019CSW217COACHELLA VALLEY WATER DI…101-3005-61201 125.0007/22/19- WATER SERVICE06/28/2019CSW217COACHELLA VALLEY WATER DI…101-7006-60146 1,796.9206/18-07/16/19-ELECTRICITY …06/28/2019CSE159IMPERIAL IRRIGATION DIST 101-2002-61101 1,711.1606/18-07/16/19-ELECTRICITY …06/28/2019CSE159IMPERIAL IRRIGATION DIST 101-3005-61103 1,065.0106/18-07/16/19-ELECTRICITY …06/28/2019CSE159IMPERIAL IRRIGATION DIST 101-3005-61105 1,347.2806/18-07/16/19-ELECTRICITY …06/28/2019CSE159IMPERIAL IRRIGATION DIST 101-3005-61106 12,864.0106/18-07/16/19-ELECTRICITY …06/28/2019CSE159IMPERIAL IRRIGATION DIST 101-3008-61101 17,500.00LOCALE MAGAZINE - SD, LA, OC07/24/20191335-MLOCALE MAGAZINE 101-3007-60461 887.5506/26-07/25/19-LQPD CELL SE…07/24/20199832833420VERIZON WIRELESS 101-2001-61300 196.05LONG TERM CARE07/26/20190001985CALPERS LONG-TERM CARE P…101-0000-20949 92.00CONTRIBUTION07/26/20190001986UNITED WAY OF THE DESERT 101-0000-20981 162.00GARNISHMENT07/26/20190001987RIVERSIDE COUNTY SHERIFF'S …101-0000-20985 84.9907/03-08/02/19-FS 93 INTERN…07/26/2019583514070319TIME WARNER CABLE 101-2002-61400 96.4208/2019-NEWSPAPER WC07/26/2019AUG'DS0464815DESERT SUN, THE 101-3002-60352 10.5007/5-08/04/19-FS 32 CABLE07/26/2019231841070519TIME WARNER CABLE 101-2002-61400 780.0007/2019 LOCAL PRINT PUBLIC…07/26/20191479TRAVELHOST PALM SPRINGS 101-3007-60461 26.7107/09/19-NAME PLATE J.MCM…07/26/20192018-4546MCDOWELL AWARDS 101-1005-60420 40.0007/09/19-FRITZ POOL PEST C…07/26/2019660210978TRULY NOLEN INC 101-3008-60116 137.7707/09/19-CITY HALL HVAC CA…07/26/2019S2993084.001JOHNSTONE SUPPLY 101-3008-60667 Fund 101 - GENERAL FUND Total:174,875.80 Fund: 201 - GAS TAX FUND 288.1906/26/19- TRAFFIC CONTROL S…06/28/20191075901TOPS'N BARRICADES INC 201-7003-60429 74.5205/29-06/27/19 - CONCRETE R…06/28/2019JUN'198768HOME DEPOT CREDIT SERVICES 201-7003-60431 72.6205/29-06/27/19 - CONCRETE …06/28/2019JUN'198768HOME DEPOT CREDIT SERVICES 201-7003-60431 29.9805/20-06/20/19- CYLINDER RE…06/30/201990390984PRAXAIR INC 201-7003-60431 940.8806/18-07/17/19-ELECTRICITY …06/28/2019PW215IMPERIAL IRRIGATION DIST 201-7003-61101 Fund 201 - GAS TAX FUND Total:1,406.19 Fund: 202 - LIBRARY & MUSEUM FUND 447.0006/17/19 - LIBRARY HVAC SVC06/28/2019I30985PACIFIC WEST AIR CONDITION…202-3004-60667 137.8505/29-06/27/19 - LIBRARY MA…06/28/2019JUN'198768HOME DEPOT CREDIT SERVICES 202-3004-60691 57.5405/29-06/27/19 - LIBRARY MA…06/28/2019JUN'198768HOME DEPOT CREDIT SERVICES 202-3004-60691 1.2805/29-06/27/19 Library06/28/2019JUN'198768HOME DEPOT CREDIT SERVICES 202-3004-60691 910.0007/2019 Library Landscaping07/26/2019212953VINTAGE ASSOCIATES 202-3004-60112 190.0007/2019 Museum Landscaping07/26/2019212953VINTAGE ASSOCIATES 202-3006-60112 165.0007/01-09/30/19- LUMBER YA…07/26/201977478ALARM MONITORING SERVICE…202-3006-60123 583.9807/01-09/30/19-MUSEUM ELE…07/26/2019959287251KONE INC 202-3006-60691 174.0007/17/19-AUTOMATIC FLUSH…07/26/2019553657BRUINSMA, LEW 202-3004-60691 4,670.8006/18-07/16/19-ELECTRICITY …06/28/2019CSE159IMPERIAL IRRIGATION DIST 202-3004-61101 1,199.9806/18-07/16/19-ELECTRICITY …06/28/2019CSE159IMPERIAL IRRIGATION DIST 202-3006-61101 Fund 202 - LIBRARY & MUSEUM FUND Total:8,537.43 Fund: 215 - LIGHTING & LANDSCAPING FUND 6,434.6906/2019-FY18/19 CITYWIDE L…06/28/2019190663HORIZON LIGHTING 215-7004-60104 47 Demand Register Packet: APPKT02075 - JD 07/26/19 7/25/2019 5:23:55 PM Page 3 of 5 AmountVendor Name Payable Number Post Date Description (Item)Account Number 227.6105/29-06/27/19 - PLANTS06/28/2019JUN'198768HOME DEPOT CREDIT SERVICES 215-7004-60420 18.4305/29-06/27/19 - L&L OPERAT…06/28/2019JUN'198768HOME DEPOT CREDIT SERVICES 215-7004-60420 63.4605/29-06/27/19 - GRAFFITI PA…06/28/2019JUN'198768HOME DEPOT CREDIT SERVICES 215-7004-60423 52.1605/29-06/27/19 - LANDSCAPE…06/28/2019JUN'198768HOME DEPOT CREDIT SERVICES 215-7004-60432 43.3405/29-06/27/19 - SPRAYER06/28/2019JUN'198768HOME DEPOT CREDIT SERVICES 215-7004-60432 11,865.0007/2019 Parks and Retention …07/26/2019212953VINTAGE ASSOCIATES 215-7004-60112 453.5607/22/19- WATER SERVICE06/28/2019PWW198COACHELLA VALLEY WATER DI…215-7004-61211 2,296.9006/18-07/17/19-ELECTRICITY …06/28/2019PW215IMPERIAL IRRIGATION DIST 215-7004-61116 1,096.1006/18-07/17/19-ELECTRICITY …06/28/2019PW215IMPERIAL IRRIGATION DIST 215-7004-61117 Fund 215 - LIGHTING & LANDSCAPING FUND Total:22,551.25 Fund: 235 - SO COAST AIR QUALITY FUND 159.1006/18-07/17/19-ELECTRICITY …06/28/2019PW215IMPERIAL IRRIGATION DIST 235-0000-61101 Fund 235 - SO COAST AIR QUALITY FUND Total:159.10 Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS 33,396.7504/2019-GHD VILLAGE COMPL…06/28/2019119989GHD INC.401-0000-60185 812.5006/2019-Hermann Design Gro…06/28/201919070113HERMANN DESIGN GROUP INC 401-0000-60185 6,320.0006/2019-SRR DESIGN SVCS, P…06/28/201919070307HERMANN DESIGN GROUP INC 401-0000-60185 -6,992.67RETENTION #106/28/20192015-12B Progress…GRANITE CONSTRUCTION CO…401-0000-20600 139,853.312015-12B EISENHOWER DRIVE…06/28/20192015-12B Progress…GRANITE CONSTRUCTION CO…401-0000-60188 3,412.5003-04/26/2019-Washington St…06/28/201920193270DUDEK & ASSOCIATES INC 401-0000-60185 150.00FY 18/19 ON-CALL MATERIALS…06/28/2019LP0619-44LANDMARK GEO-ENGINEERS &…401-0000-60108 937.00FY 18/19 ONCALL MATERIALS …06/28/2019LP0619-45LANDMARK GEO-ENGINEERS &…401-0000-60108 1,163.00FY 18/19 ONCALL MATERIALS …06/28/2019LP0719-12LANDMARK GEO-ENGINEERS &…401-0000-60108 175,550.00XPARK DESIGN BUILD PRJ# 15…06/28/2019LQ008SPOHN RANCH INC 401-0000-60185 71,100.0006/2019-XPARK DESIGN BUILD…06/28/2019LQ009SPOHN RANCH INC 401-0000-60185 265,000.0006/2019-XPARK DESIGN BUILD…06/28/2019LQ010SPOHN RANCH INC 401-0000-60185 247.5006/2019 Eisenhower Retention…06/28/2019TN1198117TERRA NOVA PLANNING & RE…401-0000-60185 9.8507/01/19-PUSH BUTTON07/26/20195560055776AUTOZONE 401-0000-60188 657.1907/16/19-2016-03D CONSTRU…07/26/2019876807PLANIT REPROGRAPHICS SYST…401-0000-60188 368.6107/17/19-REPLACEMENT PULL…07/26/2019106091JTB SUPPLY CO., INC.401-0000-60188 Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total:691,985.54 Fund: 501 - FACILITY & FLEET REPLACEMENT 36.1806/2019 - SWEEPER FUEL06/28/2019JUN'199603120297GAS COMPANY, THE 501-0000-60678 968.3106/2019-FUEL CHARGES06/28/2019NP56454225FUELMAN 501-0000-60674 550.007/19/2019 R.A.N AUTO WASH07/26/2019252RAN AUTO DETAIL 501-0000-60676 464.0007/05/2019 R.A.N AUTO WASH07/26/2019251RAN AUTO DETAIL 501-0000-60676 Fund 501 - FACILITY & FLEET REPLACEMENT Total:2,018.49 Fund: 502 - INFORMATION TECHNOLOGY 2,485.7006/23-07/22/19- PHONE LINES07/26/2019118038211-0TPx COMMUNICATIONS 502-0000-61300 1,784.8206/2019 COPIER USAGE06/28/201920321883CANON FINANCIAL SERVICES, …502-0000-60662 837.8806/01-06/30/19-CITYWIDE CO…06/28/2019209283INNOVATIVE DOCUMENT SOL…502-0000-60662 883.5606/20-07/19 FY 19/20 COPIER…07/26/201920253328CANON FINANCIAL SERVICES, …502-0000-60662 33,601.44FY 19/20 PHONE SYSTEM UPG…07/26/201980451INTELESYSONE 502-0000-60108 2,079.0007/10-08/09/19-CITY HALL FIB…07/26/2019452546071019TIME WARNER CABLE 502-0000-61400 1,793.9907/2019 CITY PRINTERS07/26/201920321883ACANON FINANCIAL SERVICES, …502-0000-60662 160.0007/16/19-COUNCIL MEETING V…07/26/2019PR643-0719DESERT C.A.M INC 502-0000-60104 108.7407/17/19-KEYBOARD07/26/20193419703195STAPLES ADVANTAGE 502-0000-80100 Fund 502 - INFORMATION TECHNOLOGY Total:43,735.13 Fund: 601 - SILVERROCK RESORT 84.5305/29-06/27/19 SRR06/28/2019JUN'198768HOME DEPOT CREDIT SERVICES 601-0000-60660 Fund 601 - SILVERROCK RESORT Total:84.53 Grand Total:945,353.46 48 Demand Register Packet: APPKT02075 - JD 07/26/19 7/25/2019 5:23:55 PM Page 4 of 5 Fund Summary Fund Expense Amount 101 - GENERAL FUND 174,875.80 201 - GAS TAX FUND 1,406.19 202 - LIBRARY & MUSEUM FUND 8,537.43 215 - LIGHTING & LANDSCAPING FUND 22,551.25 235 - SO COAST AIR QUALITY FUND 159.10 401 - CAPITAL IMPROVEMENT PROGRAMS 691,985.54 501 - FACILITY & FLEET REPLACEMENT 2,018.49 502 - INFORMATION TECHNOLOGY 43,735.13 601 - SILVERROCK RESORT 84.53 Grand Total:945,353.46 Account Summary Account Number Account Name Expense Amount 101-0000-20308 SMIP Fees Payable 5,101.76 101-0000-20949 LT Care Insurance Pay 196.05 101-0000-20981 United Way Deductions 92.00 101-0000-20985 Garnishments Payable 162.00 101-0000-42610 SMIP Fees -255.09 101-1001-60320 Travel & Training 350.00 101-1002-60351 Membership Dues 7,399.38 101-1005-60420 Operating Supplies 26.71 101-1007-60470 Postage 27.76 101-2001-60109 LQ Police Volunteers 164.42 101-2001-60168 School Officer 8,438.09 101-2001-60174 Blood/Alcohol Testing 440.00 101-2001-60176 Sheriff - Other 448.22 101-2001-61300 Telephone - Utilities 887.55 101-2002-60670 Fire Station 116.47 101-2002-60691 Maintenance/Services 7,663.04 101-2002-61100 Gas - Utilities 63.32 101-2002-61101 Electricity - Utilities 1,796.92 101-2002-61300 Telephone - Utilities 1,294.35 101-2002-61304 Mobile/Cell Phones/Satell…77.37 101-2002-61400 Cable - Utilities 180.48 101-2002-80101 Machinery & Equipment 1,215.79 101-3002-60352 Subscriptions & Publicati…96.42 101-3005-60112 Landscape Contract 41,890.00 101-3005-60115 Janitorial 195.00 101-3005-60427 Safety Gear 518.28 101-3005-60431 Materials/Supplies 98.59 101-3005-60432 Tools/Equipment 882.42 101-3005-61103 Electric - Civic Center Park…1,711.16 101-3005-61105 Electric - Fritz Burns Park -…1,065.01 101-3005-61106 Electric - Sports Complex -…1,347.28 101-3005-61201 Water -Monticello Park - …2,527.33 101-3007-60420 Operating Supplies 16.30 101-3007-60461 Marketing & Tourism Pro…46,555.00 101-3008-60116 Pest Control 40.00 101-3008-60431 Materials/Supplies 854.30 101-3008-60432 Tools/Equipment 174.51 101-3008-60481 Office Supplies 291.81 101-3008-60667 HVAC 216.77 101-3008-60691 Maintenance/Services 2,622.04 101-3008-61101 Electricity - Utilities 12,864.01 101-6001-60420 Operating Supplies 128.34 101-6002-60103 Professional Services 2,846.25 101-6003-60118 Plan Checks 15,925.32 101-6004-60125 Temporary Agency Servic…762.24 101-6004-60425 Supplies - Field 868.92 49 Demand Register Packet: APPKT02075 - JD 07/26/19 7/25/2019 5:23:55 PM Page 5 of 5 Account Summary Account Number Account Name Expense Amount 101-6006-60320 Travel & Training 149.00 101-7003-60420 Operating Supplies 328.30 101-7003-60432 Tools/Equipment 64.61 101-7006-60146 PM 10 - Dust Control 125.00 101-7006-60320 Travel & Training 3,825.00 201-7003-60429 Traffic Control Signs 288.19 201-7003-60431 Materials/Supplies 177.12 201-7003-61101 Electricity - Utilities 940.88 202-3004-60112 Landscape Contract 910.00 202-3004-60667 HVAC 447.00 202-3004-60691 Maintenance/Services 370.67 202-3004-61101 Electricity - Utilities 4,670.80 202-3006-60112 Landscape Contract 190.00 202-3006-60123 Security & Alarm 165.00 202-3006-60691 Maintenance/Services 583.98 202-3006-61101 Electricity - Utilities 1,199.98 215-7004-60104 Consultants 6,434.69 215-7004-60112 Landscape Contract 11,865.00 215-7004-60420 Operating Supplies 246.04 215-7004-60423 Supplies-Graffiti and Van…63.46 215-7004-60432 Tools/Equipment 95.50 215-7004-61116 Electric - Utilities 2,296.90 215-7004-61117 Electric - Medians - Utiliti…1,096.10 215-7004-61211 Water - Medians - Utilities 453.56 235-0000-61101 Electricity - Utilities 159.10 401-0000-20600 Retention Payable -6,992.67 401-0000-60108 Technical 2,250.00 401-0000-60185 Design 555,839.25 401-0000-60188 Construction 140,888.96 501-0000-60674 Fuel & Oil 968.31 501-0000-60676 Vehicle Repair & Mainte…1,014.00 501-0000-60678 Street Sweeper 36.18 502-0000-60104 Consultants 160.00 502-0000-60108 Technical 33,601.44 502-0000-60662 Copiers 5,300.25 502-0000-61300 Telephone - Utilities 2,485.70 502-0000-61400 Cable - Utilities 2,079.00 502-0000-80100 Machinery & Equipment 108.74 601-0000-60660 Repair & Maintenance 84.53 Grand Total:945,353.46 Project Account Summary Project Account Key Expense Amount **None**253,367.92 151603D 33,396.75 151609D 511,650.00 151612CT 139,853.31 151612D 3,660.00 151612RP -6,992.67 151612T 1,163.00 1819PMPT 937.00 1920TMICT 378.46 201603CT 657.19 201603D 812.50 201608D 6,320.00 201706T 150.00 Grand Total:945,353.46 50 City of La Quinta Bank Transactions 07/06/19 – 07/26/19 Wire Transaction Listed below are the wire transfers from 07/06/19 – 07/26/19 Wire Transfers: 07/09/2019 - WIRE TRANSFER - ICMA 10,000.00$ 07/09/2019 - WIRE TRANSFER - LANDMARK 128,785.07$ 07/11/2019 - WIRE TRANSFER - PERS 1,211.42$ 07/12/2019 - WIRE TRANSFER - PERS 40,597.50$ 07/12/2019 - WIRE TRANSFER - ICMA 4,066.39$ 07/12/2019 - WIRE TRANSFER - LQCEA 486.00$ 07/15/2019 - WIRE TRANSFER - PERS 813,430.00$ 07/15/2019 - WIRE TRANSFER - PERS 11,511.00$ 07/15/2019 - WIRE TRANSFER - PERS 4,785.00$ 07/16/2019 - WIRE TRANSFER -TASC 1,782.99$ 07/24/2019 - WIRE TRANSFER -LANDMARK 134,975.84$ 07/26/2019 - WIRE TRANSFER - ICMA 4,266.39$ 07/26/2019 - WIRE TRANSFER - LQCEA 450.00$ 07/26/2019 - WIRE TRANSFER - PERS 40,938.16$ TOTAL WIRE TRANSFERS OUT 1,197,285.76$ ATTACHMENT 2 51 City of La Quinta Purchase Orders 04/01/19 – 06/30/19 Purchase Orders Listed below are Purchase Orders issued from 04/01/19 – 06/30/19 with a value between $25,000 and $50,000. Purchase Orders over $50,000 are approved by City Council on a case by case basis. P.O Number Amount BMW Motorcyles 1819-0148 29,824.42$ LQPD Motorcycle of Riverside Procurement Max-R 1819-0124 32,766.00$ Manchester Sideload Recycle Station Matrix Consulting 1819-0139 38,440.00$ Regional Police Study Group Dudek & Associates Inc 1819-0141 49,978.00$ Dune Palms Retention Basin Design PurposeVendor ATTACHMENT 3 52 City of La Quinta CITY COUNCIL MEETING: August 6, 2019 STAFF REPORT AGENDA TITLE: APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE, AND ADVERTISE FOR BID THE FISCAL YEAR 2019/2020 PAVEMENT MANAGEMENT PLAN SLURRY SEAL IMPROVEMENTS LOCATED ON AVENUE 54, MADISON STREET, AND AVENUE 58 (PROJECT NO. 2019-10) RECOMMENDATION Approve plans, specifications, engineer’s estimate, and authorize staff to bid the Pavement Management Plan Improvements located on Avenue 54, Madison Street and Avenue 58. EXECUTIVE SUMMARY •The Fiscal Year (FY) 2019/20 Pavement Management Plan (PMP) Slurry Seal Improvements include over 2.3 million square feet of slurry seal on the following streets (Attachment 1). ✓ Avenue 54 – from west of Jefferson Street at the cul-de-sac to Monroe Street ✓ Madison Street – from Avenue 54 to Avenue 58 ✓ Avenue 58 – from Jefferson Street to Monroe Street •This project will also include minor striping and refreshing existing striping on various roadways. FISCAL IMPACT The 2019/20 Capital Improvement Program (CIP) allocates $1,000,000 from the General Fund. Improvements from FY 2018/19 are complete and an anticipated $725,893 will be carried over to 2019/20 and is available for this year’s project. The following represents the project budget: 2019/20 PMP Estimate Professional/Design: $ 40,000 Inspection/Testing/Survey: $ 85,000 Construction: $ 1,100,600 Contingency: $ 120,000 Total : $ 1,345,600 CONSENT CALENDAR ITEM NO. 5 53 BACKGROUND/ANALYSIS The PMP funds improvements to maintain and upgrade City roadways. The PMP is divided into phases. The City typically implements PMP projects during the summer when traffic congestion is less; and this year the City desires to complete the improvements prior to the Ironman Festival in December of 2019. The 2018/19 project is now complete. This fiscal year’s improvements will slurry seal over 2.3 million square feet of pavement and include minor pothole hole repair and minor striping improvements. The following is the project schedule: Council Bid Authorization August 6, 2019 Bid Period August 15, 2019 to September 12, 2019 Council Considers Project Award October 1, 2019 Execute Contract and Mobilize October 2 to October 23, 2019 Construction (30 Working Days) October to December 2019 Accept Improvements December 2019 ALTERNATIVES Staff does not recommend an alternative. Prepared by: Julie Mignogna, Management Analyst Approved by: Bryan McKinney, P.E., City Engineer Attachments: 1. Vicinity Map 54 *IMPORTANT* Maps and data are to be used for reference purposes only. Map features are approximate, and are not necessarily accurate to surveying or engineering standards. The County of Riverside makes no warranty or guarantee as to the content (the source is often third party), accuracy, timeliness, or completeness of any of the data provided, and assumes no legal responsibility for the information contained on this map. Any use of this product with respect to accuracy and precision shall be the sole responsibility of the user. © Riverside County GIS Legend REPORT PRINTED ON...2/7/2019 11:38:16 AM Vicinity Map FY 19/20 PMP Slurry Seal Improvements 0 12,0376, 019 Feet Blueline Streams City Areas World Street Map ATTACHMENT 1 ATTACHMENT 155 56 City of La Quinta CITY COUNCIL MEETING: August 6, 2019 STAFF REPORT AGENDA TITLE: AWARD CONTRACT TO DBX, INC. IN THE AMOUNT OF $1,612,316 FOR THE HIGHWAY SAFETY IMPROVEMENT PROGRAM CITYWIDE FIBER OPTIC SIGNAL INTERCONNECT PROJECT (PROJECT NO. 2016-02) FOR FIBER OPTIC INTERCONNECT CONSTRUCTION SERVICES TO UPGRADE TRAFFIC SIGNAL COMMUNICATION. RECOMMENDATION Award a contract to DBX, Inc. in the amount of $1,612,316 for Highway Safety Improvements Program Citywide Fiber Optic Signal Interconnect Project for fiber optic interconnect construction services to upgrade traffic signal communications. EXECUTIVE SUMMARY •The project will replace the existing copper wire interconnect with fiber optic cable and install new fiber optic cable lines and conduit to replace the existing wireless interconnect. The project will also install new fiber optic interconnect along several segments to close signal communication gaps (Attachment 1). •Construction is funded with federal Highway Safety Improvements Program (HSIP) funds which requires the City to bid, award, and submit the first reimbursement before November 2019. •DBX, Inc., of Temecula, California submitted the lowest responsible and responsive bid of $1,612,316 (Attachment 2). FISCAL IMPACT The total project budget was revised in February 2019 to $2,261,000. This budget includes $1,971,000 of federal HSIP funds and $290,000 of General Funds. The following is the project budget: Total Budget Design / Professional $ 162,300 City Administration $ 3,368 Inspection/Testing/Survey: $ 90,000 Construction: $ 1,612,316 Contingency: $ 393,020 Total Budget: $ 2,261,000 CONSENT CALENDAR ITEM NO. 6 57 BACKGROUND/ANALYSIS In August 2015 Council ratified the submission of an HSIP grant application to upgrade the traffic signal interconnect from copper and wireless to fiber optic throughout the City to improve signal reliability and traffic safety. In November 2017, Staff filed a Notice of Exemption for CEQA while the California Department of Transportation accepted a Categorial Exclusion for NEPA. On June 27, 2019 staff solicited construction bids from qualified contractors. The City received 4 bids on July 25, 2019. DBX, Inc. submitted the lowest responsible and responsive bid of $1,612,316. The engineer’s estimate was higher, which is attributed to the low prices received for mobilization, traffic control, and the lower unit cost for the conduit. The following is the project schedule: Council Considers Project Award August 6, 2019 Execute Contract and Mobilize August 7 to September 3, 2019 Construction (90 Working Days) September to January 2020 Accept Improvements February 2020 ALTERNATIVES Staff does not recommend an alternative due to the federal funding timing constraints. Prepared by: Julie Mignogna, Management Analyst Approved by: Bryan McKinney, City Engineer Attachments: 1. Vicinity Map 2. Bid Comparison Summary 58 ATTACHMENT 1 59 60 BID OPENING: 7-25-2019 BID COMPARISON SUMMARY City Project No. 2016-02 Federal Project No. HSIPL-5433(017) Item No.Description QTY Unit Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price 1 Mobilization 1 LS $ 60,000.00 60,000.00$ 18,000.00$ 18,000.00$ 149,000.00$ 149,000.00$ 120,000.00$ 120,000.00$ 151,420.00$ 151,420.00$ 2 Dust Control 1 LS $ 10,000.00 10,000.00$ 3,500.00$ 3,500.00$ 5,000.00$ 5,000.00$ 8,000.00$ 8,000.00$ 3,000.00$ 3,000.00$ 3 Traffic Control 1 LS $ 25,000.00 25,000.00$ 18,000.00$ 18,000.00$ 25,000.00$ 25,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 4 Furnish and install 2" High-Density Polyethylene (HDPE) Conduit, grey color, pull tape + tracer wire 22,500 LF $ 35.00 787,500.00$ 28.00$ 630,000.00$ 29.00$ 652,500.00$ 25.50$ 573,750.00$ 30.00$ 675,000.00$ 5 Furnish and install 3" Sch. 80 PVC conduit, pull tape + tracer wire 350 LF $ 50.00 17,500.00$ 50.00$ 17,500.00$ 40.00$ 14,000.00$ 84.00$ 29,400.00$ 140.00$ 49,000.00$ 6 Furnish and install 1-3" galvanized rigid conduit along outer bridge concrete barrier railing. Provide metal conduit straps 10' on-center 560 LF $ 85.00 47,600.00$ 52.00$ 29,120.00$ 60.00$ 33,600.00$ 70.00$ 39,200.00$ 70.00$ 39,200.00$ 7 Furnish and install No. 6E Pull Box/ Splice Vault with Extension 48 EA $ 1,200.00 57,600.00$ 1,000.00$ 48,000.00$ 1,115.00$ 53,520.00$ 1,500.00$ 72,000.00$ 1,770.00$ 84,960.00$ 8 Furnish and install No. 6 Pull Box 51 EA $ 900.00 45,900.00$ 1,000.00$ 51,000.00$ 965.00$ 49,215.00$ 1,300.00$ 66,300.00$ 940.00$ 47,940.00$ 9 PCC sidewalk 1,000 SF $ 15.00 15,000.00$ 12.00$ 12,000.00$ 18.00$ 18,000.00$ 33.00$ 33,000.00$ 40.00$ 40,000.00$ 10 Remove existing pull box. Furnish and install No. 6E pull box/splice vault in place. Modify conduit sweeps complete 23 EA $ 1,500.00 34,500.00$ 1,500.00$ 34,500.00$ 1,800.00$ 41,400.00$ 2,050.00$ 47,150.00$ 1,478.00$ 33,994.00$ 11 Remove copper signal interconnect cable (SIC) from existing conduit. (SIC cable shall become the property of the Contractor)67,000 LF $ 0.50 33,500.00$ 0.60$ 40,200.00$ 0.50$ 33,500.00$ 0.55$ 36,850.00$ 1.00$ 67,000.00$ 12 Furnish and install 48 strand Single Mode Fiber Optic Cable + pull tape in existing/proposed conduit 82,835 LF $ 3.00 248,505.00$ 2.60$ 215,371.00$ 2.60$ 215,371.00$ 3.65$ 302,347.75$ 2.60$ 215,371.00$ 13 Furnish and install 12 Strand Single Mode Fiber Optic drop cable + pull tape in existing/proposed conduit 20,575 LF $ 2.25 46,293.75$ 1.80$ 37,035.00$ 1.80$ 37,035.00$ 3.55$ 73,041.25$ 3.00$ 61,725.00$ 14 Furnish and install underground Fiber Optic Splice Enclosure. Perform splice of fiber optic cable(s)36 EA $ 1,600.00 57,600.00$ 970.00$ 34,920.00$ 1,500.00$ 54,000.00$ 1,150.00$ 41,400.00$ 944.00$ 33,984.00$ 15 Furnish and install 12 Port Fiber Patch Panel complete (shelf mount). Terminate fiber optic cable 42 EA $ 1,250.00 52,500.00$ 1,100.00$ 46,200.00$ 1,400.00$ 58,800.00$ 1,425.00$ 59,850.00$ 1,190.00$ 49,980.00$ 16 Furnish and install 24 Port Fiber Patch Panel complete (shelf mount). Terminate fiber optic cable 2 EA $ 1,850.00 3,700.00$ 1,560.00$ 3,120.00$ 2,000.00$ 4,000.00$ 2,125.00$ 4,250.00$ 2,125.00$ 4,250.00$ 17 Furnish and install new 144 port Fiber Distribution Unit (FDU) complete (rack mount). Terminate fiber optic cable(s)6 EA $ 4,500.00 27,000.00$ 6,550.00$ 39,300.00$ 2,100.00$ 12,600.00$ 4,335.00$ 26,010.00$ 8,666.00$ 51,996.00$ 18 Furnish and install new Hardened Managed Ethernet Edge Switch, SFP modules, power supply and patch cords complete.45 EA $ 2,750.00 123,750.00$ 4,350.00$ 195,750.00$ 4,200.00$ 189,000.00$ 4,925.00$ 221,625.00$ 4,500.00$ 202,500.00$ 19 Furnish and install new Hardened Managed Gigabit Aggregate switch, SFP modules, power supply and patch cords complete.3 EA $ 8,500.00 25,500.00$ 12,900.00$ 38,700.00$ 8,800.00$ 26,400.00$ 15,275.00$ 45,825.00$ 9,666.00$ 28,998.00$ 20 Furnish and install Layer 3 core switch, SFP modules, power supply and patch cords complete 1 EA $ 11,500.00 11,500.00$ 17,000.00$ 17,000.00$ 18,000.00$ 18,000.00$ 11,865.00$ 11,865.00$ 24,000.00$ 24,000.00$ 21 Furnish and install Type 334L communication HUB Cabinet on 4" high foundation, and 4" concrete pad 2 EA $ 15,000.00 30,000.00$ 10,500.00$ 21,000.00$ 10,000.00$ 20,000.00$ 12,000.00$ 24,000.00$ 10,000.00$ 20,000.00$ 22 Furnish and install 3-No. 8 conductors from service point to proposed Type 334L communication HUB cabinet. Provide 40amp service breaker 2 EA $ 1,500.00 3,000.00$ 800.00$ 1,600.00$ 3,000.00$ 6,000.00$ 800.00$ 1,600.00$ 1,300.00$ 2,600.00$ 23 Remove & Salvage existing ASC/2M Master controllers 6 EA $ 300.00 1,800.00$ 500.00$ 3,000.00$ 200.00$ 1,200.00$ 300.00$ 1,800.00$ 120.00$ 720.00$ 24 Furnish & Install IT Server rack enclosure 1 EA $ 3,000.00 3,000.00$ 26,000.00$ 26,000.00$ 5,000.00$ 5,000.00$ 4,150.00$ 4,150.00$ 6,600.00$ 6,600.00$ 25 System Integration 1 LS $ 25,000.00 25,000.00$ 18,000.00$ 18,000.00$ 11,000.00$ 11,000.00$ 15,450.00$ 15,450.00$ 9,000.00$ 9,000.00$ 26 Test Network Equipment and System Documentation 1 LS $ 25,000.00 25,000.00$ 11,000.00$ 11,000.00$ 19,000.00$ 19,000.00$ 36,825.00$ 36,825.00$ 9,000.00$ 9,000.00$ 27 As-Built Plans 1 LS $ 2,500.00 2,500.00$ 2,500.00$ 2,500.00$ 1,500.00$ 1,500.00$ 1,000.00$ 1,000.00$ 5,000.00$ 5,000.00$ 1,820,748.75$ 1,612,316.00$ 1,753,641.00$ 1,911,689.00$ 1,932,238.00$ Bid Total:1,878,524.00$ Denotes Calculation Error ELECNOR BELCO ELECTRIC, INC.CROSSTOWN ELECTRICAL & DATA, INC. STURGEON ELECTRIC CALIFORNIA, LLCDBX, INC. SUBTOTAL BID ITEMS 1-27: Engineers Estimate 7/25/2019 Page 1 of 1 ATTACHMENT 2 ATTACHMENT 261 62 City of La Quinta CITY COUNCIL MEETING: August 6, 2019 STAFF REPORT AGENDA TITLE: AWARD CONTRACT TO HARDY & HARPER, INC IN THE AMOUNT OF $227,006 FOR 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) RECOMMENDATION Award a contract to Hardy and Harper, Inc. in the amount of $227,006 for the Highway 111 Sidewalk Improvements Project. EXECUTIVE SUMMARY •This project is located on the south side of Highway 111, between Adams Street and La Quinta Drive in front of the La Quinta Auto Dealers (Attachment 1). •These improvements entail removal of the existing 8-foot wide meandering sidewalk, construction of 1,200 feet of new 10-foot wide curb adjacent sidewalk, and reconstruction of four American with Disabilities Act accessible ramps. •Hardy and Harper, Inc., of Lake Forest, California submitted the lowest responsible and responsive bid of $227,006 (Attachment 2). FISCAL IMPACT The 2018/19 Capital Improvement Program (CIP) allocated $500,000 of Unassigned General Funds Savings, which will be carried over to 2019/20. The following is the total project budget: Total Budget Professional: $ 26,321 Design: $ 33,962 Inspection/Testing/Survey: $ 33,113 Construction: $ 227,006 Contingency: $ 179,598 Total Budget: $ 500,000 Upon completion budgetary savings will be available for future CIP projects. CONSENT CALENDAR ITEM NO. 7 63 BACKGROUND/ANALYSIS This project is in support of the Auto Dealers frontage reconfiguration. On June 27, 2019 staff solicited construction bids from qualified contractors. The City received 5 bids on July 25, 2019. Hardy and Harper, Inc. submitted the lowest responsible and responsive bid of $227,006, which was below the engineer’s estimate. The lower price is attributed to the reduced prices received for mobilization, traffic control, and the lower unit cost for the sidewalk improvements. The following is the project schedule: Council Considers Project Award August 6, 2019 Execute Contract and Mobilize August 7 to September 3, 2019 Construction (30 Working Days) September to October 2019 Accept Improvements October 2019 ALTERNATIVES Staff does not recommend an alternative. Prepared by: Julie Mignogna, Management Analyst Approved by: Bryan McKinney, City Engineer Attachments: 1. Vicinity Map 2. Bid Comparison Summary 64 *IMPORTANT* Maps and data are to be used for reference purposes only. Map features are approximate, and are not necessarily accurate to surveying or engineering standards. The County of Riverside makes no warranty or guarantee as to the content (the source is often third party), accuracy, timeliness, or completeness of any of the data provided, and assumes no legal responsibility for the information contained on this map. Any use of this product with respect to accuracy and precision shall be the sole responsibility of the user. © Riverside County GIS Legend Notes From Adams Street to La Quinta Drive REPORT PRINTED ON...2/7/2019 11:38:16 AM Vicinity Map Highway 111 Sidewalk Improvements (2018-03) 0 12,0376, 019 Feet Blueline Streams City Areas World Street Map ATTACHMENT 1 ATTACHMENT 165 66 BID OPENING: 7-252019 BID COMPARISON SUMMARY City Project No. 2018-03 Item No.Description QTY Unit Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price 1 Mobilization 1 LS 20,000.00$ 20,000.00$ 8,000.00$ 8,000.00$ 13,285.00$ 13,285.00$ 15,550.00$ 15,550.00$ 35,000.00$ 35,000.00$ 30,000.00$ 30,000.00$ 20,000.00$ 20,000.00$ 2 Traffic Control 1 LS 25,000.00$ 25,000.00$ 16,000.00$ 16,000.00$ 11,408.00$ 11,408.00$ 23,400.00$ 23,400.00$ 30,000.00$ 30,000.00$ 10,000.00$ 10,000.00$ 40,000.00$ 40,000.00$ 3 Dust Control 1 LS 5,000.00$ 5,000.00$ 6,000.00$ 6,000.00$ 11,700.00$ 11,700.00$ 8,100.00$ 8,100.00$ 10,000.00$ 10,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 5,000.00$ 4 Remove Existing Concrete Sidewalk and Ramps 11,010 SF 5.00$ 55,050.00$ 1.60$ 17,616.00$ 2.50$ 27,525.00$ 4.75$ 52,297.50$ 4.00$ 44,040.00$ 4.00$ 44,040.00$ 2.50$ 27,525.00$ 5 Remove Existing Curb and Curb & Gutter 554 LF 10.00$ 5,540.00$ 7.00$ 3,878.00$ 11.50$ 6,371.00$ 30.00$ 16,620.00$ 21.61$ 11,971.94$ 15.00$ 8,310.00$ 10.00$ 5,540.00$ 6 Minor Grading 1 LS 27,000.00$ 27,000.00$ 22,000.00$ 22,000.00$ 20,500.00$ 20,500.00$ 5,760.00$ 5,760.00$ 20,000.00$ 20,000.00$ 8,500.00$ 8,500.00$ 64,800.00$ 64,800.00$ 7 Construct Sidewalk per City of La Quinta STD 240 Mod.12,710 SF 10.00$ 127,100.00$ 4.00$ 50,840.00$ 8.70$ 110,577.00$ 5.50$ 69,905.00$ 8.00$ 101,680.00$ 15.00$ 190,650.00$ 7.60$ 96,596.00$ 8 Construct Concrete Curb Ramps per City of La Quinta STD 250 Mod.4 EA 2,900.00$ 11,600.00$ 3,500.00$ 14,000.00$ 5,600.00$ 22,400.00$ 3,650.00$ 14,600.00$ 6,400.00$ 25,600.00$ 3,750.00$ 15,000.00$ 9,350.00$ 37,400.00$ 9 Remove and Modify Ex Landscaping & Irrigation as Needed 1 LS 50,000.00$ 50,000.00$ 80,000.00$ 80,000.00$ 6,024.00$ 6,024.00$ 53,000.00$ 53,000.00$ 1,000.00$ 1,000.00$ 12,500.00$ 12,500.00$ 36,200.00$ 36,200.00$ 10 Furnish and Install 3/8” Crushed Rock (3” Thick)488 SF 10.00$ 4,880.00$ 6.00$ 2,928.00$ 2.50$ 1,220.00$ 7.00$ 3,416.00$ 8.20$ 4,001.60$ 4.00$ 1,952.00$ 10.00$ 4,880.00$ 11 4” Schedule 40 PVC Sleeve 24 LF 30.00$ 720.00$ 31.00$ 744.00$ 15.50$ 372.00$ 7.00$ 168.00$ 50.00$ 1,200.00$ 50.00$ 1,200.00$ 60.00$ 1,440.00$ 12 Signing and Striping, Including All Incidentals 1 LS 1,500.00$ 1,500.00$ 5,000.00$ 5,000.00$ 8,194.00$ 8,194.00$ 8,000.00$ 8,000.00$ 4,500.00$ 4,500.00$ 4,500.00$ 4,500.00$ 9,000.00$ 9,000.00$ 333,390.00$ 227,006.00$ 239,576.00$ 270,816.50$ 288,993.54$ 331,652.00$ 348,381.00$ SUBTOTAL BID ITEMS 1-12: Engineers Estimate THREE PEAKS CORPDESERT CONCEPTS CONSTRUCTIONLAND FORMS LANDSCAPE CONSTRUCTION UNIVERSAL CONCRETE CONSTRUCTION LC PAVING, ESCONDIDOHARDY & HARPER, INC. 7/26/2019 Page 1 of 1 ATTACHMENT 2 ATTACHMENT 267 68 City of La Quinta CITY COUNCIL MEETING: August 6, 2019 STAFF REPORT AGENDA TITLE: AWARD CONTRACT TO URBAN HABITAT IN THE AMOUNT OF $4,218,880; AND APPROVE CITY RESTROOM PURCHASE TO ROMTEC IN THE AMOUNT OF $234,138 FOR THE SILVERROCK PARK VENUE PROJECT LOCATED ON THE SOUTHEAST CORNER OF SILVERROCK WAY AND AVENUE 52 (PROJECT NO. 2016-08) RECOMMENDATION Award a contract to Urban Habitat in the amount of $4,218,880, and approve the City to purchase a restroom from Romtec in the amount of $234,138 for the SilverRock Park Venue Project; and authorize the City Manager to execute the agreements. EXECUTIVE SUMMARY •In February 2018, Council appointed an Ad Hoc Committee to develop a Master Plan for the SilverRock Venue Site. In August 2018, Council subsequently approved the Master Plan and Site Development Permit (Attachment 1). •The park site sits on approximately 14 acres and will include a parking lot; and approximately eight (8) acres of walking paths, turf, and landscaping. The site will also include a meandering stream with lake and stage area. There will be at minimum one (1) restroom building with the potential for one (1) additional stand-alone restroom building, one (1) storage building, and a space for a 3,050 square foot building with utility hook-up. Additionally, the site includes pads for future art installations. •Urban Habitat of La Quinta, California submitted the lowest responsible and responsive bid of $4,218,880 (Attachment 2). FISCAL IMPACT The project budget is $6.0 Million with the following revenue sources: Total Budget Arts in Public Spaces $ 300,000 Measure G Funding $ 1,300,000 Park & Rec DIF Fund $ 2,400,000 Quimby Funding $ 2,000,000 Total Budget: $ 6,000,000 CONSENT CALENDAR ITEM NO. 8 69 The following is the project budget: Total Budget Design $ 490,200 Professional $ 30,000 Inspection/Testing/Survey/Monitors $ 250,000 Pre-Construction (Mass Grading) $ 89,330 Construction (Base Bid) $ 4,036,880 Restroom (Base) $ 234,138 Utility Fees $ 150,000 Contingency $ 405,000 Additional Items Requested $ 314,452 Total Budget: $ 6,000,000 There is a budget for additional items in the amount of $314,452. City Staff has identified the following options with direction from Council: Total Budget Additional Restroom $ 234,138 Storage Building $ 140,061 Shade Structures (3x500sf) - Budget $ 135,000 Construction (Add Alt Floating Fountain) $ 21,000 Construction (Add Alt Metal Screens) $ 35,000 Construction (Add Alt Terrace Walls) $ 126,000 Total: $ 691,199 Staff recommends awarding the additive alternates to Urban Habitat in the amount of $182,000 to save the additional mobilization and soft costs that would occur if these items are constructed later. The additional restroom, storage building, and shade structures are all furnished and installed by the manufacturer and can be purchased at any time. Staff recommends that at the completion of construction, staff present Council with the final budget and options for purchasing any additional items. BACKGROUND/ANALYSIS In conformance with the Specific Plan for SilverRock Development, a community park for passive use is proposed. This park, called SilverRock Park Venue, was designed using an Ad Hoc Committee in February 2018. The goal is to use the park for special events such as Art Festivals. It is anticipated that the site operation cost of $149,500 annually could be offset with rental income for public and private events. On July 2, 2019 staff solicited construction bids from qualified contractors. The City received 6 bids on July 30, 2019. Urban Habitat submitted the lowest responsible and responsive bid of $4,218,880. 70 The restroom will be purchased from Romtec in the amount of $234,138. This restroom will have a total of (6) water closets. Delivery and installation are included in the cost of the restroom (Attachment 3). The following is the project schedule: Council Considers Project Award August 6, 2019 Execute Contract and Mobilize August 7 to September 16, 2019 Construction (120 Working Days) September 2019 to March 2020 Accept Improvements May 2020 ALTERNATIVES Council may elect to not award the alternates. Prepared by: Julie Mignogna, Management Analyst Approved by: Bryan McKinney, City Engineer Attachments: 1. Location Map 2. Bid Comparison Summary 3. Romtec Restroom Purchase 71 72 13173 74 Bid Opening Date: 7/30/19 Attachment 2 SilverRock Park Venue City Project No. 2016-08 Item Item Description Unit Quanitity Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost 1 Mobilization LS 1 150,000.00$ 150,000.00$ 120,000.00$ 120,000.00$ 183,000.00$ 183,000.00$ 114,120.00$ 114,120.00$ 106,000.00$ 106,000.00$ 250,000.00$ 250,000.00$ 740,625.00$ 740,625.00$ 2 Traffic Control LS 1 20,000.00$ 20,000.00$ 10,500.00$ 10,500.00$ 2,100.00$ 2,100.00$ 5,472.00$ 5,472.00$ 15,000.00$ 15,000.00$ 15,000.00$ 15,000.00$ 43,750.00$ 43,750.00$ 3 Dust Control LS 1 65,000.00$ 65,000.00$ 80,000.00$ 80,000.00$ 55,000.00$ 55,000.00$ 53,018.00$ 53,018.00$ 66,000.00$ 66,000.00$ 75,000.00$ 75,000.00$ 37,500.00$ 37,500.00$ 4 Storm Water Pollution Prevention Plan (SWPPP)LS 1 15,000.00$ 15,000.00$ 13,000.00$ 13,000.00$ 22,800.00$ 22,800.00$ 36,852.00$ 36,852.00$ 17,000.00$ 17,000.00$ 30,000.00$ 30,000.00$ 56,250.00$ 56,250.00$ 5 Demolition and Disposal LS 1 20,000.00$ 20,000.00$ 5,000.00$ 5,000.00$ 29,500.00$ 29,500.00$ 16,009.00$ 16,009.00$ 5,000.00$ 5,000.00$ 10,000.00$ 10,000.00$ 43,750.00$ 43,750.00$ 6 Subgrade Preparation and Precise Grading LS 1 200,000.00$ 200,000.00$ 28,500.00$ 28,500.00$ 124,200.00$ 124,200.00$ 102,017.00$ 102,017.00$ 350,000.00$ 350,000.00$ 125,000.00$ 125,000.00$ 43,750.00$ 43,750.00$ 6a Remove and Replace Soil Stabilization SF 82,000 1.00$ 82,000.00$ 0.20$ 16,400.00$ 0.43$ 35,260.00$ 0.27$ 22,140.00$ 0.04$ 3,280.00$ 0.50$ 41,000.00$ 5.63$ 461,660.00$ 7 Decomposed Stabilized Granite Over Class II Aggregate Base per Plan SF 69,943 2.50$ 174,857.50$ 2.00$ 139,886.00$ 2.85$ 199,337.55$ 2.00$ 139,886.00$ 2.00$ 139,886.00$ 3.50$ 244,800.50$ 7.50$ 524,572.50$ 8 6” P.C.C. Pavement Over Class II Aggregate Base per Plan (Parking)SF 1,788 12.00$ 21,456.00$ 9.25$ 16,539.00$ 9.00$ 16,092.00$ 12.00$ 21,456.00$ 10.20$ 18,237.60$ 16.00$ 28,608.00$ 25.00$ 44,700.00$ 9 Interlocking Pavers Over Class II Aggregate Base per Plan (Site Entrance)SF 9,167 12.00$ 110,004.00$ 15.00$ 137,505.00$ 18.00$ 165,006.00$ 10.00$ 91,670.00$ 15.00$ 137,505.00$ 17.00$ 155,839.00$ 18.75$ 171,881.25$ 10 Gravel Pave2 with 3/8” Crushed Rock Over Class II Aggregate Base with Permaloc per Plan SF 4,727 12.00$ 56,724.00$ 11.00$ 51,997.00$ 11.75$ 55,542.25$ 13.00$ 61,451.00$ 12.00$ 56,724.00$ 6.00$ 28,362.00$ 15.00$ 70,905.00$ 11 12” Wide P.C.C. Banding Over Class II Aggregate Base per Plan LF 346 18.00$ 6,228.00$ 32.00$ 11,072.00$ 40.00$ 13,840.00$ 16.00$ 5,536.00$ 27.00$ 9,342.00$ 42.50$ 14,705.00$ 39.58$ 13,694.68$ 12 6” Class II Aggregate Base Over Compacted Native Soil per Plans SF 8,775 2.50$ 21,937.50$ 1.75$ 15,356.25$ 2.05$ 17,988.75$ 1.40$ 12,285.00$ 1.50$ 13,162.50$ 4.00$ 35,100.00$ 6.25$ 54,843.75$ 13 6” P.C.C. – See Plan for Width(s)SF 45,158 9.50$ 429,001.00$ 7.75$ 349,974.50$ 6.25$ 282,237.50$ 9.00$ 406,422.00$ 8.45$ 381,585.10$ 16.00$ 722,528.00$ 18.75$ 846,712.50$ 14 6” PCC Hardscape per Landscape Plans SF 2,060 9.50$ 19,570.00$ 10.50$ 21,630.00$ 6.25$ 12,875.00$ 10.40$ 21,424.00$ 11.20$ 23,072.00$ 16.00$ 32,960.00$ 18.75$ 38,625.00$ 15 2” Thick Stabilized Decomposed Granite Trail per Plan SF 4,794 5.00$ 23,970.00$ 2.00$ 9,588.00$ 3.10$ 14,861.40$ 1.50$ 7,191.00$ 2.50$ 11,985.00$ 3.00$ 14,382.00$ 12.50$ 59,925.00$ 16 6” Concrete Vertical Curb per City of La Quinta Std. 210 LF 170 17.00$ 2,890.00$ 36.00$ 6,120.00$ 37.50$ 6,375.00$ 24.00$ 4,080.00$ 38.00$ 6,460.00$ 37.50$ 6,375.00$ 61.68$ 10,485.60$ 17 4” Concrete Rolled Curb per City of La Quinta Std. 203 LF 114 15.00$ 1,710.00$ 38.00$ 4,332.00$ 47.00$ 5,358.00$ 27.00$ 3,078.00$ 40.00$ 4,560.00$ 50.00$ 5,700.00$ 121.53$ 13,854.42$ 18 Concrete Cross Gutter and Spandrel (Modified with Rolled Curb) per City of La Quinta Std. 230 SF 806 12.00$ 9,672.00$ 11.00$ 8,866.00$ 13.00$ 10,478.00$ 20.00$ 16,120.00$ 12.00$ 9,672.00$ 25.00$ 20,150.00$ 30.41$ 24,510.46$ 19 2’ Transition from 4” Rolled Curb Height to 0” Curb Height per Plans EA 2 500.00$ 1,000.00$ 400.00$ 800.00$ 200.00$ 400.00$ 1,282.00$ 2,564.00$ 230.00$ 460.00$ 2,450.00$ 4,900.00$ 3,125.00$ 6,250.00$ 20 Parking Lot Wheel Stops per Plans EA 7 300.00$ 2,100.00$ 500.00$ 3,500.00$ 100.00$ 700.00$ 69.00$ 483.00$ 100.00$ 700.00$ 200.00$ 1,400.00$ 75.00$ 525.00$ 21 “Stop Bar” and Legend per Caltrans Std. A24D and A24E EA 1 550.00$ 550.00$ 200.00$ 200.00$ 600.00$ 600.00$ 200.00$ 200.00$ 60.00$ 60.00$ 2,000.00$ 2,000.00$ 219.00$ 219.00$ 22 Parking Lot Signage and Striping LS 1 7,000.00$ 7,000.00$ 5,000.00$ 5,000.00$ 8,000.00$ 8,000.00$ 9,800.00$ 9,800.00$ 4,000.00$ 4,000.00$ 7,500.00$ 7,500.00$ 10,718.00$ 10,718.00$ 23 ADA Site Entrance Sign and Stop Sign per Plan LS 1 550.00$ 550.00$ 9,500.00$ 9,500.00$ 400.00$ 400.00$ 686.00$ 686.00$ 400.00$ 400.00$ 3,500.00$ 3,500.00$ 750.00$ 750.00$ 24 36” Wide Truncated Domes per Plans and 2016 CBC Requirements SF 628 50.00$ 31,400.00$ 50.00$ 31,400.00$ 41.50$ 26,062.00$ 37.00$ 23,236.00$ 51.00$ 32,028.00$ 40.00$ 25,120.00$ 34.38$ 21,590.64$ 25 6’ CMU Irrigation Equipment Screen Wall per City Freestanding Block Wall Standard Detail – Final Pay Item LF 46 2,000.00$ 92,000.00$ 400.00$ 18,400.00$ 200.00$ 9,200.00$ 191.00$ 8,786.00$ 600.00$ 27,600.00$ 200.00$ 9,200.00$ 398.75$ 18,342.50$ 26 6” PVC C-900 Fire Line (Including Bends and Fittings) per Plans LF 876 35.00$ 30,660.00$ 70.00$ 61,320.00$ 49.00$ 42,924.00$ 70.00$ 61,320.00$ 76.00$ 66,576.00$ 100.00$ 87,600.00$ 56.44$ 49,441.44$ 27 1 ½” PVC Schedule 40 Water Line (Including Bends and Fittings) per Plans LF 976 5.00$ 4,880.00$ 6.50$ 6,344.00$ 15.00$ 14,640.00$ 21.00$ 20,496.00$ 20.00$ 19,520.00$ 22.00$ 21,472.00$ 78.04$ 76,167.04$ 28 Connect to Existing Domestic Water Meter LS 1 5,000.00$ 5,000.00$ 750.00$ 750.00$ 3,000.00$ 3,000.00$ 771.00$ 771.00$ 1,000.00$ 1,000.00$ 8,000.00$ 8,000.00$ 3,145.00$ 3,145.00$ 29 6” Fire Hydrant Assembly (Wet Barrel) per CVWD Std. W-33A and Plans EA 2 3,000.00$ 6,000.00$ 12,200.00$ 24,400.00$ 9,900.00$ 19,800.00$ 16,123.00$ 32,246.00$ 13,000.00$ 26,000.00$ 12,500.00$ 25,000.00$ 6,875.00$ 13,750.00$ 30 6” PVC C-900 Irrigation Line (Including Reducer, Gate Valves, Blind Flange, Tees, Bends and Fittings) per Plans LF 2,486 36.00$ 89,496.00$ 31.00$ 77,066.00$ 37.00$ 91,982.00$ 75.00$ 186,450.00$ 59.00$ 146,674.00$ 100.00$ 248,600.00$ 17.08$ 42,460.88$ 31 6” PVC C-900 Irrigation Line Connection to Existing 15” Line per Plans (Including Gate Valves, Flanges)LF 40 55.00$ 2,200.00$ 200.00$ 8,000.00$ 60.00$ 2,400.00$ 165.00$ 6,600.00$ 100.00$ 4,000.00$ 600.00$ 24,000.00$ 375.00$ 15,000.00$ 32 ¾” PVC Schedule 40 Water Line (Including Bends and Fittings) per Plans LF 194 10.00$ 1,940.00$ 10.00$ 1,940.00$ 10.00$ 1,940.00$ 16.00$ 3,104.00$ 16.00$ 3,104.00$ 18.00$ 3,492.00$ 56.45$ 10,951.30$ 33 6” PVC (SDR-35) Sewer Line (Including Bends, Fittings and Cleanouts to Grade with Cap) per Plans LF 966 25.00$ 24,150.00$ 20.00$ 19,320.00$ 64.00$ 61,824.00$ 69.00$ 66,654.00$ 72.00$ 69,552.00$ 30.00$ 28,980.00$ 81.25$ 78,487.50$ 34 Furnish and Install Grinder Pump (2 pump system), Electrical Conduit/Lines, Control Panel, 4’ Extension, Wet Well, Lateral Kit, Reducers, Couplings, Decorative Rock Cover, and Including All Appurtenances as Needed to Make Function.LS 1 3,000.00$ 3,000.00$ 40,000.00$ 40,000.00$ 36,100.00$ 36,100.00$ 32,339.00$ 32,339.00$ 50,000.00$ 50,000.00$ 30,000.00$ 30,000.00$ 12,500.00$ 12,500.00$ 35 2” HDP SDR 11 Force Main W/ Metal Identification Tape Placed Over Top of Pipe (4’ Cover Min.) per Plans LF 468 20.00$ 9,360.00$ 22.00$ 10,296.00$ 35.00$ 16,380.00$ 55.00$ 25,740.00$ 47.00$ 21,996.00$ 35.00$ 16,380.00$ 61.25$ 28,665.00$ 36 6” ABS Drain Line at 1.0% Minimum per Plans– Final Pay Item LF 47 8.00$ 376.00$ 60.00$ 2,820.00$ 110.00$ 5,170.00$ 71.00$ 3,337.00$ 135.00$ 6,345.00$ 80.00$ 3,760.00$ 60.09$ 2,824.23$ 37 8” HDPE N-12 Storm Drain Line per Plans– Final Pay Item LF 30 92.00$ 2,760.00$ 75.00$ 2,250.00$ 50.00$ 1,500.00$ 58.00$ 1,740.00$ 153.00$ 4,590.00$ 70.00$ 2,100.00$ 250.00$ 7,500.00$ 38 12” HDPE N-12 Storm Drain Line per Plans– Final Pay Item LF 26 50.00$ 1,300.00$ 145.00$ 3,770.00$ 62.00$ 1,612.00$ 81.00$ 2,106.00$ 155.00$ 4,030.00$ 200.00$ 5,200.00$ 281.25$ 7,312.50$ 38a 18” HDPE N-12 Storm Drain Line per Plans– Final Pay Item LF 79 60.00$ 4,740.00$ 12.00$ 948.00$ 62.00$ 4,898.00$ 70.00$ 5,530.00$ 160.00$ 12,640.00$ 90.00$ 7,110.00$ 437.50$ 34,562.50$ 39 12” Square Area Drain per NDS-1200 and 1210 as per Plans– Final Pay Item EA 1 575.00$ 575.00$ 500.00$ 500.00$ 900.00$ 900.00$ 181.00$ 181.00$ 1,600.00$ 1,600.00$ 750.00$ 750.00$ 625.00$ 625.00$ 40 9” Square Area Drain per NDS-900 and 916 as per Plans– Final Pay Item EA 1 550.00$ 550.00$ 400.00$ 400.00$ 900.00$ 900.00$ 134.00$ 134.00$ 1,100.00$ 1,100.00$ 650.00$ 650.00$ 625.00$ 625.00$ 41 24” Inline Drain Basin per Nyloplast 2824AG with Traffic Rated Grate per Plans– Final Pay Item EA 1 800.00$ 800.00$ 3,500.00$ 3,500.00$ 4,200.00$ 4,200.00$ 2,715.00$ 2,715.00$ 3,800.00$ 3,800.00$ 3,200.00$ 3,200.00$ 3,125.00$ 3,125.00$ 42 4-inch Radius Trench Drain with Heel-Proof and ADA Compliant SS Grating; Product as Manufactured by Dura Trench or Approved Equal, as per the Architectural Plans LS 1 11,750.00$ 11,750.00$ 8,000.00$ 8,000.00$ 10,000.00$ 10,000.00$ 9,716.00$ 9,716.00$ 12,000.00$ 12,000.00$ 12,000.00$ 12,000.00$ 18,750.00$ 18,750.00$ 43 8” ABS End Caps per Plans EA 2 50.00$ 100.00$ 130.00$ 260.00$ 200.00$ 400.00$ 53.00$ 106.00$ 140.00$ 280.00$ 50.00$ 100.00$ 250.00$ 500.00$ 44 18” ADS Flared End Section Model No. 1810 NP– Final Pay Item EA 1 1,500.00$ 1,500.00$ 650.00$ 650.00$ 950.00$ 950.00$ 890.00$ 890.00$ 700.00$ 700.00$ 250.00$ 250.00$ 813.00$ 813.00$ 45 75 lb. Rock Rip-Rap per Plans– Final Pay Item SF 350 20.00$ 7,000.00$ 12.50$ 4,375.00$ 40.00$ 14,000.00$ 19.00$ 6,650.00$ 29.00$ 10,150.00$ 72.00$ 25,200.00$ 187.50$ 65,625.00$ 46 Modify 54” Storm Drain, Construct Headwall, and Place ¼ Ton Grouted Rip-Rap Limits per Plans (Including Trash Rack)LS 1 40,000.00$ 40,000.00$ 55,000.00$ 55,000.00$ 15,000.00$ 15,000.00$ 66,330.00$ 66,330.00$ 119,000.00$ 119,000.00$ 15,000.00$ 15,000.00$ 31,250.00$ 31,250.00$ 47 Furnish and Install Water Feature per Plans and Specifications Including All Appurtenances as Shown on the Plans and as Needed to Make Function. Including but not limited to items listed in Technical Specifications 18.1, crossing structure, and railing. – Specialty Item LS 1 450,000.00$ 450,000.00$ 595,000.00$ 595,000.00$ 658,340.00$ 658,340.00$ 625,222.00$ 625,222.00$ 900,000.00$ 900,000.00$ 550,000.00$ 550,000.00$ 631,680.00$ 631,680.00$ 48 Restroom Building Utility and Construction Coordination LS 1 10,000.00$ 10,000.00$ 5,000.00$ 5,000.00$ 6,250.00$ 6,250.00$ 5,514.00$ 5,514.00$ 12,000.00$ 12,000.00$ 3,500.00$ 3,500.00$ 15,000.00$ 15,000.00$ 49 P.C.C. Stage, Stage Apron, Ramp, Railing and Step Slab per Plans LS 1 39,240.00$ 39,240.00$ 103,551.00$ 103,551.00$ 50,000.00$ 50,000.00$ 147,294.00$ 147,294.00$ 134,000.00$ 134,000.00$ 100,000.00$ 100,000.00$ 76,250.00$ 76,250.00$ 50 Decorative Brick Pavers per Plan SF 3,944 12.00$ 47,328.00$ 20.00$ 78,880.00$ 19.00$ 74,936.00$ 10.00$ 39,440.00$ 15.00$ 59,160.00$ 17.00$ 67,048.00$ 20.00$ 78,880.00$ 51 Stage Retaining Walls per Plans LF 100 240.00$ 24,000.00$ 350.00$ 35,000.00$ 400.00$ 40,000.00$ 270.00$ 27,000.00$ 210.00$ 21,000.00$ 800.00$ 80,000.00$ 300.00$ 30,000.00$ 52 Bike Racks with Concrete Pad per Plans EA 5 1,500.00$ 7,500.00$ 500.00$ 2,500.00$ 645.00$ 3,225.00$ 957.00$ 4,785.00$ 500.00$ 2,500.00$ 2,500.00$ 12,500.00$ 1,875.00$ 9,375.00$ C.S. Legacy Construction, Inc.Engineer's Estimate - Base Bid Marina Landscape, Inc.Desert Concepts Construction Metro Builders & Engineers Corp.Urban Habitat Three Peaks Corp. ATTACHMENT 2 ATTACHMENT 275 Bid Opening Date: 7/30/19 Attachment 2 SilverRock Park Venue City Project No. 2016-08 Item Item Description Unit Quanitity Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost C.S. Legacy Construction, Inc.Engineer's Estimate - Base Bid Marina Landscape, Inc.Desert Concepts Construction Metro Builders & Engineers Corp.Urban Habitat Three Peaks Corp. 53 Benches with Concrete Pads per Plans EA 8 2,500.00$ 20,000.00$ 400.00$ 3,200.00$ 3,300.00$ 26,400.00$ 2,791.00$ 22,328.00$ 2,800.00$ 22,400.00$ 2,500.00$ 20,000.00$ 3,500.00$ 28,000.00$ 54 Drinking Fountains with Concrete Pads and Sumps per Plans EA 2 6,500.00$ 13,000.00$ 8,000.00$ 16,000.00$ 8,355.00$ 16,710.00$ 8,802.00$ 17,604.00$ 6,000.00$ 12,000.00$ 15,000.00$ 30,000.00$ 4,375.00$ 8,750.00$ 55 Tubular Steel Fence and Gates per Plan LF 468 125.00$ 58,500.00$ 78.00$ 36,504.00$ 95.00$ 44,460.00$ 114.00$ 53,352.00$ 100.00$ 46,800.00$ 80.00$ 37,440.00$ 91.25$ 42,705.00$ 56 Concrete Mow Curb per Plans LF 2,200 27.00$ 59,400.00$ 19.00$ 41,800.00$ 28.00$ 61,600.00$ 9.99$ 21,978.00$ 18.50$ 40,700.00$ 25.00$ 55,000.00$ 18.75$ 41,250.00$ 57 Permaloc Steel Edging per Plans LF 4,100 12.00$ 49,200.00$ 8.00$ 32,800.00$ 8.50$ 34,850.00$ 9.08$ 37,228.00$ 8.00$ 32,800.00$ 12.00$ 49,200.00$ 6.25$ 25,625.00$ 58 Pedestal, Conduit (Including Empty Conduit), Wire and Circuiting per Plans LS 1 149,000.00$ 149,000.00$ 80,000.00$ 80,000.00$ 200,000.00$ 200,000.00$ 253,252.00$ 253,252.00$ 255,000.00$ 255,000.00$ 200,000.00$ 200,000.00$ 259,215.00$ 259,215.00$ 59 Parking Lot Lighting per Plans EA 20 7,000.00$ 140,000.00$ 4,400.00$ 88,000.00$ 2,500.00$ 50,000.00$ 3,409.00$ 68,180.00$ 3,470.00$ 69,400.00$ 4,500.00$ 90,000.00$ 2,853.54$ 57,070.80$ 60 Pole Lights per Plans EA 24 7,000.00$ 168,000.00$ 6,000.00$ 144,000.00$ 3,000.00$ 72,000.00$ 5,279.00$ 126,696.00$ 5,300.00$ 127,200.00$ 4,500.00$ 108,000.00$ 3,400.00$ 81,600.00$ 61 Bollards per Plans EA 6 4,500.00$ 27,000.00$ 4,500.00$ 27,000.00$ 3,500.00$ 21,000.00$ 3,017.00$ 18,102.00$ 4,000.00$ 24,000.00$ 850.00$ 5,100.00$ 2,936.27$ 17,617.62$ 62 Ingrade Uplight with Wide Flood Distribution per Plans EA 15 2,500.00$ 37,500.00$ 2,500.00$ 37,500.00$ 4,000.00$ 60,000.00$ 2,560.00$ 38,400.00$ 1,750.00$ 26,250.00$ 650.00$ 9,750.00$ 2,238.28$ 33,574.20$ 63 Ingrade Uplight with Spot Distribution per Plans EA 12 2,500.00$ 30,000.00$ 1,200.00$ 14,400.00$ 3,000.00$ 36,000.00$ 1,233.00$ 14,796.00$ 1,700.00$ 20,400.00$ 650.00$ 7,800.00$ 2,557.89$ 30,694.68$ 64 Color Changing Tree Uplights per Plans EA 36 1,000.00$ 36,000.00$ 1,500.00$ 54,000.00$ 3,000.00$ 108,000.00$ 851.00$ 30,636.00$ 900.00$ 32,400.00$ 650.00$ 23,400.00$ 2,096.58$ 75,476.88$ 65 Steplights for Stage Area per Plans EA 3 1,500.00$ 4,500.00$ 800.00$ 2,400.00$ 2,000.00$ 6,000.00$ 572.00$ 1,716.00$ 600.00$ 1,800.00$ 1,200.00$ 3,600.00$ 298.13$ 894.39$ 66 Utility Company Service Charges and Transformer Pad per Plans LS 1 100,000.00$ 100,000.00$ 5,400.00$ 5,400.00$ 7,000.00$ 7,000.00$ 20,336.00$ 20,336.00$ 21,000.00$ 21,000.00$ 25,000.00$ 25,000.00$ 11,200.00$ 11,200.00$ 67 Panel Boards and Panel Board Feeders per Plans LS 1 115,000.00$ 115,000.00$ 94,000.00$ 94,000.00$ 50,000.00$ 50,000.00$ 83,206.00$ 83,206.00$ 84,000.00$ 84,000.00$ 125,000.00$ 125,000.00$ 110,818.00$ 110,818.00$ 68 Pull Boxes per Plans LS 1 24,000.00$ 24,000.00$ 60,000.00$ 60,000.00$ 10,000.00$ 10,000.00$ 14,289.00$ 14,289.00$ 15,000.00$ 15,000.00$ 12,000.00$ 12,000.00$ 28,616.00$ 28,616.00$ 69 Soil Prep and Fine Grade per Plans LS 1 23,500.00$ 23,500.00$ 98,000.00$ 98,000.00$ 86,000.00$ 86,000.00$ 147,553.00$ 147,553.00$ 75,000.00$ 75,000.00$ 75,000.00$ 75,000.00$ 73,920.00$ 73,920.00$ 70 Weed Abatement per Plans LS 1 11,750.00$ 11,750.00$ 2,500.00$ 2,500.00$ 4,685.00$ 4,685.00$ 12,969.00$ 12,969.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 2,800.00$ 2,800.00$ 71 Concrete Vault per Plans LS 1 5,000.00$ 5,000.00$ 11,000.00$ 11,000.00$ 1.00$ 1.00$ 8,722.00$ 8,722.00$ 500.00$ 500.00$ 3,200.00$ 3,200.00$ 20,000.00$ 20,000.00$ 72 Furnish and Install Landscaping per Plans LS 1 416,250.00$ 416,250.00$ 285,000.00$ 285,000.00$ 352,750.00$ 352,750.00$ 397,136.00$ 397,136.00$ 375,000.00$ 375,000.00$ 500,000.00$ 500,000.00$ 384,160.00$ 384,160.00$ 73 Furnish and Install Irrigation per Plans (Includes Filter, Pump, Concrete Pads and All Fittings)LS 1 545,000.00$ 545,000.00$ 530,000.00$ 530,000.00$ 377,500.00$ 377,500.00$ 422,814.00$ 422,814.00$ 450,000.00$ 450,000.00$ 750,000.00$ 750,000.00$ 585,750.00$ 585,750.00$ 74 Furnish and Install Boulders per Plan – “Rustic Brown”EA 27 180.00$ 4,860.00$ 250.00$ 6,750.00$ 200.00$ 5,400.00$ 548.00$ 14,796.00$ 200.00$ 5,400.00$ 350.00$ 9,450.00$ 263.35$ 7,110.45$ 75 Furnish and Install 6” Minus Baja Cresta Rubble per Plans SF 410 2.50$ 1,025.00$ 3.00$ 1,230.00$ 8.00$ 3,280.00$ 11.00$ 4,510.00$ 6.00$ 2,460.00$ 3.50$ 1,435.00$ 8.13$ 3,333.30$ 76 Furnish and Install 3/8” Apache Brown Crushed Rock per Plans SF 660 1.75$ 1,155.00$ 7.50$ 4,950.00$ 3.10$ 2,046.00$ 8.00$ 5,280.00$ 4.00$ 2,640.00$ 3.50$ 2,310.00$ 7.50$ 4,950.00$ 77 Furnish and Install 3/8” Minus Desert Gold Crushed Rock per Plans SF 66,400 1.75$ 116,200.00$ 1.10$ 73,040.00$ 2.00$ 132,800.00$ 1.45$ 96,280.00$ 0.90$ 59,760.00$ 2.00$ 132,800.00$ 1.13$ 75,032.00$ 78 90-Day Maintenance Period LS 1 18,000.00$ 18,000.00$ 20,500.00$ 20,500.00$ 25,300.00$ 25,300.00$ 23,283.00$ 23,283.00$ 12,000.00$ 12,000.00$ 22,000.00$ 22,000.00$ 39,375.00$ 39,375.00$ 4,564,665.00$ 4,036,879.75$ 4,274,266.45$ 4,525,834.00$ 4,976,946.20$ 5,598,506.50$ 6,755,194.01$ Item Item Description Unit Quanitity Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost 1 Metal Screens at Amphitheater Platform LS 1 150,000.00$ 150,000.00$ 35,000.00$ 35,000.00$ 17,592.00$ 17,592.00$ 33,150.00$ 33,150.00$ 23,000.00$ 23,000.00$ 20,000.00$ 20,000.00$ 95,000.00$ 95,000.00$ 150,000.00$ 35,000.00$ 17,592.00$ 33,150.00$ 23,000.00$ 20,000.00$ 95,000.00$ Item Item Description Unit Quanitity Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost 1 Additional Terrace Walls per Plans LS 1 70,000.00$ 70,000.00$ 95,000.00$ 95,000.00$ 96,200.00$ 96,200.00$ 117,165.00$ 117,165.00$ 103,500.00$ 103,500.00$ 150,000.00$ 150,000.00$ 185,000.00$ 185,000.00$ 2 Additional Irrigation per Plans LS 1 25,000.00$ 25,000.00$ 31,000.00$ 31,000.00$ 7,000.00$ 7,000.00$ 11,431.00$ 11,431.00$ 16,000.00$ 16,000.00$ 6,000.00$ 6,000.00$ 19,600.00$ 19,600.00$ 95,000.00$ 126,000.00$ 103,200.00$ 128,596.00$ 119,500.00$ 156,000.00$ 204,600.00$ Item Item Description Unit Quanitity Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost 1 Furnish and Install Floating Fountain and All Appurtenances as Shown on the Plans and as Needed to Make Function LS 1 40,000.00$ 40,000.00$ 21,000.00$ 21,000.00$ 14,950.00$ 14,950.00$ 22,554.00$ 22,554.00$ 16,000.00$ 16,000.00$ 67,000.00$ 67,000.00$ 22,400.00$ 22,400.00$ 40,000.00$ 21,000.00$ 14,950.00$ 22,554.00$ 16,000.00$ 67,000.00$ 22,400.00$ 4,849,665.00$ 4,218,879.75$ 4,410,008.45$ 4,710,134.00$ 5,135,446.20$ 5,841,506.50$ 7,077,194.01$ 4,714,665.00$ 4,071,879.75$ 4,291,858.45$ 4,558,984.00$ 4,999,946.20$ 5,618,506.50$ 6,850,194.01$ 4,659,665.00$ 4,162,879.75$ 4,377,466.45$ 4,654,430.00$ 5,096,446.20$ 5,754,506.50$ 6,959,794.01$ 4,604,665.00$ 4,057,879.75$ 4,289,216.45$ 4,548,388.00$ 4,992,946.20$ 5,665,506.50$ 6,777,594.01$ Miscalculations and rounding errors Bid Alternate No. 3 - Floating Fountain Sub-Total Bid Alternate No. 3: Grand Total Base Bid with Alternate No. 3: Grand Total Base Bid with Alternate No. 1: Grand Total Base Bid with Alternate No. 2: Sub-Total Base Bid: Bid Alternate No. 1 - Architectural Metal Screens Sub-Total Bid Alternate No. 2: Sub-Total Bid Alternate No. 1: Bid Alternate No. 2 - Additional Terrace Wallss Grand Total Base Bid Including Alternate Nos. 1 -3: 76 ROMTEC SCOPE OF SUPPLY & INSTALLATION SERVICES Romtec Inc. Page 1 of 4 Project Name: Silver Rock Venue Site Location: La Quinta, CA Date: 1/30/2019 This scope letter is for the building supply and installation. See section 5 for the owner supplied items that are not supplied by Romtec. Romtec, Inc. has forty years of experience supplying and constructing site built, pre-engineered, packaged building kits. It is our mission to lead our industry as the premier designer, builder, and expert of restrooms and similar park structures for both public and private use. We are the architects, engineers, and manufacturer of all Romtec products. The design for all Romtec buildings and structures are site specific and designed with the customer to fit to each project’s particular needs. The following is a detailed scope of products and services that will be included as part of the Romtec building package and installation services. 1.DESIGN Romtec works through the complete design with every customer to provide a structure that best fits each project. Since Romtec is providing a pre-engineered building kit, Romtec has the capability to match any existing park structure or park theme and customers can choose to use any finish, product, and material without limitation. Once a design is complete Romtec assists the customer through the design review, building department submission, and the installation of the building. Once produced, the building package will arrive on organized pallets that are separated into stages for ease of installation. Because of this packaging style, there are no shipping limitations for the building package. A.PRELIMINARY DESIGN REVIEW AND APPROVAL 1.Romtec requires approval of the following prior to producing full submittal documentation: a.The plan view and elevation drawing of your building. b.The approval of the Romtec Scope of Supply and Services (this document). c.Colors for roofing, block, metal and all other interior and exterior finishes to be supplied by Romtec. 2.Romtec requires the return of the signed “Design Approval” document prior to producing full submittal documentation. B.SUBMITTAL Romtec will submit the Scope of Supply, Design and Installation Submittal (SSDIS), including the fabrication drawings and all component data sheets. One full round of SSDIS revisions are provided by Romtec in the design and engineering services. 1.The Romtec plans will be sealed by an engineer licensed in the state of California. C.STRUCTURE The Romtec building package has been quoted with the specific product colors noted below. Changes to these color selections may result in a price increase. Customer to select colors from each manufacturer’s specified color chart for block, roofing, steel finishes, etc. The following items relative to the building structure will be supplied by Romtec. 1.Concrete Masonry Units - CMU a.Exterior walls will be constructed of smooth-face, mortar joint, concrete masonry units (concrete blocks). b.Block color will be gray. 2.Exterior finish to be stucco. 3.Interior wall finish shall be latex epoxy paint. 4.Interior floor finish will be sealed concrete. 5.Sanitary tile cove base on interior walls. 6.Doors, frames and hardware. a.Doors and frames to be powder coated black. b.Stainless steel, ball bearing hinges. c.Heavy duty door closures. d.Grade 2, lever locks. e.Restroom doors to have 18” x 18” louvered door vents. 7.Phenolic restroom partitions. a.Partition color to be Graphite Grafix (006F). 8.Roofing materials a.Glulam beams ATTACHMENT 3 77 ROMTEC SCOPE OF SUPPLY & INSTALLATION SERVICES Romtec Inc. Page 2 of 4 b. OSB sheathing c. 2x6 tongue and groove decking d. Membrane roofing e. Cantilever roof extension over restroom entrance. D. RESTROOM & PLUMBING FIXTURES The following fixtures will be supplied by Romtec: 1. Wall mount, top supply, stainless steel toilets with manual lever flush valves. 2. Wall mount, top supply, stainless steel urinals with manual lever flush valves. 3. Wall mount, stainless steel sinks with lever handle faucets. 4. Wall mount, white 2-roll toilet paper dispensers. 5. Wall mount, stainless steel paper towel dispensers. 6. Wall mount, stainless steel soap dispensers. 7. Utility sink with legs and ADA faucet in mechanical room. 8. Stainless steel, non-refrigerated drinking fountains. E. ELECTRICAL FIXTURES The following electrical fixtures will be supplied by Romtec: 1. Exterior lighting a. Wall mount, LED wall pack light fixtures. 2. Interior lighting a. 48” surface mount, LED light fixtures. 3. Light controlled by motion sensor. 4. Electric tank, 50 gallon water heater. 5. Main breaker panel sized for the building components. a. 100 amp, single-phase, indoor. 2. FABRICATION & INSTALLATION A. The following are included in the fabrication and installation services provided by Romtec: 1. Excavation and pouring of footings, foundation and slab 2. Masonry (concrete) grout and rebar 3. Plumbing and electrical rough in 4. Connection to the site plumbing and electrical utilities within 10’ of the building. 5. Typical fasteners such as nails, staples, and screws. 6. Sealing of all exposed wood 7. Painting of interior walls, doors and frames 8. Fabrication and trim out of the complete Romtec supplied building package B. The fabrication quote by Romtec assumes the following: 1. A prevailing wage job 2. That the jobsite is semi-truck accessible 3. No bonding requirements Note: Should bonding become a requirement, Romtec will supply a bond to cover the fabrication portion of the job only. Further, the customer will incur additional charges that will be added to the quote. 4. A 6 day work week with available work hours of 7:00 AM – 7:00 PM Note: Reductions in this schedule will result in a price increase. 5. Union workers NOT required. Note: If Romtec Fabrication is required to hire union workers, a change order will be issued. 6. Romtec is not responsible for assuring specific timelines are met or for liquidated damages incurred if specific timelines are not met. Romtec Fabrication is an Oregon based crew and will perform the installation of the Romtec pre-engineered packaged building on the earliest available date. 7. Romtec has not been provided or made aware of any geotechnical reports for this project. Romtec is not responsible for any additional costs incurred by the installer if the foundation is increased due to local soil conditions. 8. Romtec’s proposal is based on a 24” deep footing. Any changes to this footing design will result in a price increase. 3. DELIVERY, STORAGE, AND HANDLING A. Romtec’s freight estimates are based on delivering the product on a 48’ to 53’ flatbed or van truck and trailers, or as close as we can legally get to the site. Overall dimensions of the truck and trailers are the following: 70’ overall length, 102” wide and 168” high. B. Freight quotes are only good for 30 days and are subject to change without notice. 78 ROMTEC SCOPE OF SUPPLY & INSTALLATION SERVICES Romtec Inc. Page 3 of 4 4. WARRANTY & LIMITATIONS A. The building and all its associated components will be warranted against defects in materials and workmanship for a period of not less than one (1) year from date of final acceptance B. Tiles will crack over time due to multiple factors including building settlement, wall movement, and other factors. Romtec cannot guarantee that the tiles in the building will not eventually crack. Romtec considers the repairing of cracks as a maintenance issue, and not a warranty issue. In other words, the tiles in the building will eventually crack and will not be covered under the building warranty. C. If the roofing supplied is not manufactured by Custom-Bilt Metals, Romtec does not provide a warranty for metal roofing. Metal roofing manufacturers intend for their roofing to be installed immediately upon delivery from the factory. All project circumstances are different and Romtec cannot guarantee that metal roofing is installed within the timeframe allowed from the manufacturer. Therefore, Romtec does not warrant metal roofing. D. All concrete cracks on the surface eventually. This can occur within the first week after the concrete is poured or years after. Surface cracks in concrete are a maintenance issue for the owner to fill over time. Cracks in concrete are not a warranty issue. E. Smooth face block can have a significant variation in the color and texture due to the manufacturing process. Smooth face block should never be used as an architectural finish. It should always be either painted over or have siding covering it. Romtec does not guarantee uniform color or texture of block, or warranty that any aspect of block color or texture will maintain over time. 5. OWNER SCOPE OF SUPPLY AND SERVICES (NOT BY ROMTEC) A. OVERVIEW While Romtec is serving as the installer for this turnkey building package, the owner is responsible for the following items relative to the Romtec building package. B. STRUCTURE The following items relative to the structural components will be supplied by the owner: 1. The building pad must be level and compacted to within 6” of the finish floor elevation before Romtec arrives to begin fabrication. The pad must be prepared per the requirements of the geotechnical report (if one is available). Note: Any site grading or removal and replacement of fill materials for the building pad must be completed prior to Romtec’s arrival. Romtec’s installation services do not include excavation beyond what is necessary for forming and pouring the concrete footings and slab. 2. All materials, equipment and labor for exterior slabs, walkways and sidewalks beyond those shown on the Romtec plan set. C. UTILITIES The following items relative to the utilities will be supplied by the owner: 1. The plumbing utilities brought to within 10 feet of the building pad. 2. The electrical utilities brought to within 10 feet of the building pad. D. GENERAL EXCLUSIONS 1. Unless otherwise stated, Romtec is not proposing to meet any Buy America standard for materials. 2. The following items will be supplied by the owner: a. Permits & fees related to bonding requirements b. Special inspection services c. Rock excavation d. Demolition of existing structures e. Removal of excavated materials f. Site grading or asphalt paving g. Masonry pavers h. Booster pumps &/or pressure reducing valves i. Backflow check valves j. Fire alarm & fire suppression equipment k. Irrigation Equipment l. Gutters and downspouts m. Lighting equipment not attached to the building n. Landscaping o. Plumbing freeze protection p. Site plans 3. Site visits by Romtec and/or Romtec’s design professionals are not included in the proposal. Note: If required, Romtec will issue a change order. 4. Romtec’s proposed building design is based on the following standard design loads. The standard design loads are “average” for locations across the Country. Local design loads specific to this project may require changes to the building design, which may result in a price increase due to increased material costs. a. Roof Snow Load: 0 psf b. IBC Seismic Design Category: D c. Design Wind Speed: 110 mph d. Allowable Soil Bearing: 1500 psf e. Occupancy Type: U f. Type: VB 79 ROMTEC SCOPE OF SUPPLY & INSTALLATION SERVICES Romtec Inc. Page 4 of 4 5. Romtec does not provide LEED/Green submittals as a standard service. Romtec can assist in providing documentation for products that may meet LEED/Green standards, but Romtec does not provide or fill out LEED credit forms. Unless specifically included in Romtec’s proposal and quote, Romtec does not supply materials with the intent of meeting LEED standards. Any changes due to LEED or Green building requirements will result in a change order and increased lead times.” E. DELIVERY, STORAGE, AND HANDLING 1. The owner will assume responsibility for adequate protection of materials from weather, damage, and pilferage or all warranties, expressed or implied may be voided. 2. Do not throw away the Operations & Maintenance manuals that are provided by some manufacturers in their packaging. It is the responsibility of the owner to collect and maintain these manuals. 80 BPHBWOMENMENHB-1ROOF LINEMECH18'-8"01/29/2019963AJS20821FLOOR PLAN DRINKING FOUNTAINS3" VTR, TYP 4SYMBOLLEGENDDESCRIPTIONAREA/QUANTITYFLOOR DRAIN3ELECTRICAL OUTLET 1CONCRETE WALK(BY INSTALLER)CONCRETE WALK(BY INSTALLER)INTERIOR CEILING LIGHTS 5EXTERIOR WALL LIGHTS 4HB-1WALL FAUCET1HBWALL HYDRANT1ABCDB2C21FLOOR PLANSCALE: 1/4" = 1'-0"THESE PLAN VIEW AND ELEVATION DRAWINGS ARE APRELIMINARY ARCHITECTURAL REPRESENTATION OFTHE BUILDING. ALL DIMENSIONS, FEATURES ANDCOMPONENTS SHOWN ON THESE PRELIMINARYDRAWINGS MAY OR MAY NOT BE PART OF THEQUOTE. PLEASE REFER TO THE "SCOPE OF SUPPLYAND SERVICES" LETTER PROVIDED WITH YOUR QUOTEFOR ROMTEC'S PROPOSED SCOPE OF SUPPLY.28'-0"DFFDFDFDWALL TYPE SCHEDULE8" REINFORCED CONCRETE MASONRYBLOCK WALL WITH MORTAR JOINTS,GROUTED SOLID ALL CELLS RUNNINGBOND PATTERN.EF-2VENTILATION PACKAGEROMTEC 6.1 SDSOAP DISPENSER2TPTWO ROLL TP DISPENSER 4PTDTOWEL DISPENSER 2 ROOF LINEEF-218"X18" LOUVERED DOOR VENT2WH81 01/29/2019963AJS20822ELEVATIONS18'-8"FG28'-0"STUCCO OVER 8" x 16" CMU SMOOTH FACECONCRETE BLOCK WALL FULLY REINFORCEDRUNNING BOND PATTERNMEMBRANE ROOFTHESE PLAN VIEW AND ELEVATION DRAWINGS ARE APRELIMINARY ARCHITECTURAL REPRESENTATION OFTHE BUILDING. ALL DIMENSIONS, FEATURES ANDCOMPONENTS SHOWN ON THESE PRELIMINARYDRAWINGS MAY OR MAY NOT BE PART OF THEQUOTE. PLEASE REFER TO THE "SCOPE OF SUPPLYAND SERVICES" LETTER PROVIDED WITH YOUR QUOTEFOR ROMTEC'S PROPOSED SCOPE OF SUPPLY.BELEVATION VIEWSCALE: 1/4" = 1'-0"CELEVATION VIEWSCALE: 1/4" = 1'-0"FGFGFGWALL MOUNT LIGHT, TYPFASCIAGLULAM BEAMS3" VTR, TYP.121/4/'0DFDFHB91/'09'-4"2'-8"ROOF CAP, TYP.12'-0"WALL CAP, TYP5'-0"CANTILEVER82 Page 1 of 5 18240 North Bank Rd.Date Roseburg, OR 97470 7/26/2019 P: 541‐496‐3541 F: 541‐496‐0803 E: service@romtec.com Customer: Quantity Extended Price 1  $                  101,361.79  101,361.79$             122,368.26$                       5,347.00$                           127,715.26$             5,060.00$                 234,137.05$          *The pricing defined in this proposal is contingent upon the customer signing this form and agreeing to the Romtec terms and conditions  defined in this proposal.  Any modifications to the terms and conditions defined herein may result in a price increase. *This proposal includes the design & engineering by Romtec Inc. to produce a complete plan set that will meet the architectural and  engineering code required in your state. In some cases local code may vary from typical state requirements and may result in a change in  price that could not have been anticipated at time of quote. PROPOSAL/PO Silver Rock Venue Site Restroom City of La Quinta Frank Spevacek 78‐495 Calle Tapico La Quinta, CA 92253 Building Proposal Description Sierra IV Multi‐User Restroom ‐ Turnkey                                                                Per scope of Supply and Services Dated 1‐30‐19 *All prices listed above are F.O.B. Roseburg, OR. Freight prepaid and added. Delivery will be in accordance with a mutually agreed upon  timeline as stated in the Romtec Inc. Notice to Proceed document. *This proposal is effective for 90 days from above date; thereafter all prices are subject to change without notice *Non‐Agency orders must be placed on Romtec Inc. purchase order forms. *Shipping price is effective for 30 days from above date; thereafter the shipping price is subject to change without notice. *Quote based on ‐ roof snowload of 25psf, IBC Seismic Design Category: C, Design Wind Speed: 115 MPH, Allowable Soule Bearing: 1500  psf, Occupancy Type: U, Construction: VB. Freight to: ROMTEC INC. SUPPLY SUBTOTAL *Romtec Inc. reserves the right to update its purchase order price if, for any reason, the time frame from received of Purchase Order to  subsequent Scope of Supply and Design Submittal Aproval with Notice to Proceed by Romtec Inc.'s Customer exceeds 90 days. La Quinta, CA 92253 ROMTEC INC. PURCHASE ORDER TOTAL ROMTEC INC. SERVICES SUBTOTAL *Design Services includes an initial unsealed plan set on 11 x 17 format, and one sealed revision in response to comments.  In any additional revisions, if sealing or changing in plan set size are requested or required, an additional design service will  be charged. *This proposal does not include any applicable sales or use taxes. Installation Bonding *A payment schedule and terms will be established after the Purchase Order is received. Romtec Inc. will often require a deposit payment  upon receipt of the signed Submittal Approval & Notice to Proceed document. Any deposit amount will be defined with the forthcoming  payment schedule. 83 Page 2 of 5 Customer/Owner Authorized Signature Date Romtec Inc. Authorized Signature             Date Customer/Owner Printed Name Romtec Inc. Printed Name Customer/Owner Company *The above prices, Terms & Conditions are satisfactory and are hereby accepted. Romtec Inc. is authorized to begin work on the Scope  of Supply and Design Submittal document, which the customer will review prior to approval and Notice to Proceed. Additionally, the  customer will complete the Customer & Project Information request as quickly as possible so that payment terms, and if applicable  bonding requirements, can be established. The customer understands that by acceptiing this proposal they are issueing a Purchase  Order for the project detailed above, but that production will not begin and delivery or installation dates cannot be established until  the customer has granted submittal approval and notice to proceed. 84 Page 3 of 5 Time is of the essence with respect to Buyer’s payment of the purchase price, and timely payment shall not be delayed or  excused for any reason. Payment agreement between Buyer and other parties, or failure by other parties to pay Buyer or  perform any agreement with Buyer shall not result in delay of payment to ROMTEC. ROMTEC does not accept partial  payments, any offsets, and/or retainage against the Purchase Order price. Should Buyer not act according to the terms of  payment for any reason, the terms granted will be revoked and any remaining goods or services not yet delivered are  subject to pre‐payment terms whereby payment, in full, is due 10 days prior to delivery. Any amounts not paid when due  shall bear interest at the rate of 15 percent per annum or the highest lawful rate applicable, if such rate is less than 15  percent, from the date payment was due. The ROMTEC Warranty becomes null and void when payment is more than 5  business days past due. Tax Unless otherwise indicated on the ROMTEC quote or purchase order, any sales, use, consumption, value added or other  goods/services based tax imposed by a state; county/local or other agency with jurisdictional authority is excluded from this  order. Buyer is responsible for remitting any taxes that are applicable. Change Orders All Change Orders must be signed by the Buyer. Prices stated herein are valid for 90 days from the purchase order date, or  two weeks from the purchase order date if unsigned, at which time ROMTEC may adjust its price if cost factors warrant. A  change order will apply (charges will vary depending on the circumstances) for the following design/engineering events: (i)  incurred costs related to ROMTEC making more than two revisions of plan documents in response to review comments, (ii)  incurred costs of “resealing” plan documents, and (iii) incurred costs of changing plan set sizing from the standard 11” x 17”  format. Additionally, any modifications (for any reason) to ROMTEC’s Scope of Supply & Design Submittal, prior to formal  approval, may result in a price adjustment. Any modification to ROMTEC’s Scope of Supply & Design Submittal, after formal  approval, requested or required by Buyer for any reason shall be performed by ROMTEC at Buyer’s expense, as follows: (i)  Buyer shall submit a written description of the modifications to ROMTEC; (ii) within 14 days of receipt of Buyer’s  description, ROMTEC shall provide to Buyer a written price quote for the modifications requested; (iii) Buyer shall pay the  Change Order Invoice to ROMTEC in accordance with payment terms. Credit terms Upon execution of the Purchase Order agreement, Customer shall provide a completed credit application (subject to  Romtec’s approval) and evidence of payment bond securing Customer’s obligation to pay the balance of the purchase price  in full. Credit terms are conditional and may be modified subsequent if in the opinion of Romtec management, new  information or conditions warrant such modification. Payment terms To be established by Romtec’s accounting department upon receipt of credit application. Deviation from payment Proposal Terms & Conditions Romtec, Inc. (ROMTEC) will provide the scope of supply as listed on the purchase order related hereto in  accordance with the following terms and conditions: Terms of Payment Romtec offers terms upon approved payment bond and credit approval by Romtec’s accounting department (to be  determined at the time the Purchase Order is finalized and executed). Payments may be by check or wire transfer, Visa,  MasterCard, Discover or American Express (a separate fee will be charged for payments exceeding $20,000 made by credit  card and for all COD deliveries). Romtec may agree to accept COD payment by bank certified funds or cashier’s check if a  carrier selected by Romtec ships materials. 85 Page 4 of 5 If Buyer delays shipment, regardless of the reason for delay, ROMTEC is permitted to invoice and the Buyer accepts the  obligation to pay ROMTEC under its agreed upon payment terms, using the date the order was ready for shipment as the  invoice date (if prepayment or COD terms apply, payment is due within 7 days from the time of delay). Once the order is  invoiced, the materials shall become property of the agency/contractor. Further, ROMTEC may at its sole discretion invoice  the Buyer for a minimum of $450 per month for on‐site storage. Deliveries that are delayed by the Buyer may be canceled  by ROMTEC and the goods returned to ROMTEC at its discretion. Any costs or difficulties arising from the Buyer’s act in  delaying receipt of ROMTEC’s shipments are the complete responsibility of the Buyer. The Buyer agrees to pay for the  complete shipping cost if ROMTEC elects to cause the goods to be returned to ROMTEC or delivered to another Buyer. Cancellation Mutual acceptance of the purchase order indicates notice for ROMTEC to proceed with the provision of design services  required in completing its Scope of Supply & Design Submittal. Should Buyer cancel its purchase order prior to granting  Notice to Proceed in producing the building kit package, Buyer shall pay ROMTEC 40% of the project total as compensation  for design services rendered. In addition, Buyer shall reimburse all expenses related to the authorized purchase or  production of items requested prior to approval of the Scope of Supply & Design Submittal. ROMTEC requires that Buyer  indicate approval of its supply offering by executing the signature page of its Scope of Supply & Design Submittal document  and Notice to Proceed. Upon granting ROMTEC approval of its Scope of Supply Design Submittal and Notice to Proceed in  producing the building kit package, the Buyer is waiving any rights to cancel its purchase order. ROMTEC does not accept  returns or exchanges. Contract Documents Together with this Purchase Order, the following constitute the “Contract Documents” and the entire contract between the  parties, either written or oral: (i) ROMTEC’s Scope of Supply & Design Submittal, and (ii) Change Order form (if applicable). Description of Products and Warranty ROMTEC’s Scope of Supply & Design Submittal document (provided subsequent to this order) contains & defines ROMTEC’s  complete offering of its products and services (as applicable). In addition, Section 4 of the Scope of Supply & Design  Submittal defines ROMTEC’s Limited One Year Warranty. Time of Shipment and Delivery Unless otherwise specified on the purchase order, ROMTEC may ship goods pursuant to an order at any time after the  goods are completed and ready for shipment. Further, unless payment has been made in advance, if a carrier holding a  ROMTEC shipment ordered by a Buyer is ready to deliver the goods to the Buyer, the Buyer agrees to accept the goods at  the carrier's earliest possible delivery date and time. Store & Invoice Delay of Project Should progress of the project be delayed to where ROMTEC cannot produce and deliver six months from the date the  purchase order is signed, Buyer will reimburse ROMTEC for all design and administrative expenses related to the completion  of the Scope of Supply & Design Submittal as compensation for design services rendered, as well as expenses related to the  authorized purchase or production of items requested. Additionally, Buyer agrees to accept cost increases that may occur  during the time the project is delayed. Terms of Delivery ROMTEC will not be liable for any delay in the performance of orders or contracts, or in the delivery or shipment of goods,  or for any damages suffered by the Buyer by reason of such delay, when such delay is beyond ROMTEC’s control. All goods  are shipped F.O.B. Roseburg, Oregon, which means that the risk of loss or damage to the goods and risk of delays in transit  passes to the Buyer when the goods are duly delivered to the carrier at Roseburg, Oregon. ROMTEC has no control over  arrival time of a shipment, and shall not be responsible for delays in shipments once the goods leave ROMTEC's plant. a. Procedures for Handling Products. ROMTEC's suggested procedures for handling products are as follows: (1) All ROMTEC materials, whether palletized or separated from a pallet, must be handled per the instructions  detailed in the ROMTEC Scope of Supply & Design Submittal with respect to the specified model of ROMTEC  restroom facility or component. (2) All material received from, but not manufactured by ROMTEC must be handled per the specific handling  instructions of the manufacturer of the material. (3) PROPER HANDLING EQUIPMENT, ITS SUPPLY AND OPERATION ARE STRICTLY THE RESPONSIBILITY OF THE  BUYER. 86 Page 5 of 5 Counterparts This Purchase Order agreement may be executed in multiple counterparts, each of which shall constitute one agreement,  even though all parties do not sign the same counterpart. The paragraph headings are for the convenience of the reader only and are not intended to act as a limitation on the scope  or meaning of the paragraphs themselves. This agreement shall not be construed against the drafting party. Severability The invalidity of any term or provision of this agreement shall not affect the validity of any other provision. Waiver Waiver of any party of strict performance of any provision of this Purchase Order agreement shall not be a waiver of or  prejudice any party’s right to require strict performance of the same provision in the future or of any other provision. Notice All notices required by this Purchase Order agreement shall be in writing addressed to the party to whom the notice is  directed at the address of that party set forth in this Purchase Order agreement and shall be deemed to have been given for  all purposes upon receipt when personally delivered; one day after being sent, when sent by recognized overnight courier  service; two days after deposit in United States mail, postage prepaid, registered or certified mail; or on the date  transmitted by facsimile. Any party may designate a different mailing address or a different person for all future notices by  notice given in accordance with this paragraph. Modification No modification of this Purchase Order agreement shall be valid unless it is in writing and is signed by all of the parties. Interpretation This agreement shall be interpreted and enforced according to the laws of the state of Oregon. The parties irrevocably  submit and consent to the jurisdiction of the circuit courts of the State of Oregon for Douglas County, with respect to  litigation regarding any dispute, claim or other matter related to this contract. Controlling Provisions The terms and conditions of this Purchase Order shall supersede and control any provisions, terms, and conditions  contained on any confirmation order, Purchase Order, or other writing the Buyer may give or receive, and the rights of the  parties shall be governed exclusively by the provisions, terms, and conditions hereof. Binding effect This Purchase Order agreement shall be effective and in force only when signed by Buyer and also signed by ROMTEC.  ROMTEC must consent to any assignment of this Purchase Order agreement in writing. Subject to any restrictions upon  assignment, this Purchase Order agreement shall be binding on and inure to the benefit of the heirs, legal representatives,  successors, and assigns of the parties. Attorney Fees If Buyer fails to pay any amount when due, and ROMTEC incurs any expenses in pursuit of collection, Buyer agrees to pay  the reasonable attorney fees (whether or not litigation is commenced) and other costs of such collection. In any dispute involving the interpretation or enforcement of this agreement or involving issues related to bankruptcy  (whether or not such issues relate to the terms of this agreement), the prevailing party shall be entitled to recover from the  non‐prevailing party reasonable attorney fees, paralegal fees, costs, disbursements, and other expenses incurred by the  prevailing party in the dispute, including those arising before and at any trial, arbitration, bankruptcy, or other proceeding,  and in any appeal or review thereof. In addition, the amount recoverable by the prevailing party shall include an amount  estimated as the fees, costs, disbursements, and other expenses that will be reasonably incurred in collecting a monetary  judgment or award, or otherwise enforcing any order, judgment, award, or decree entered in the proceeding. 87 88 City of La Quinta CITY COUNCIL MEETING: August 6, 2019 STAFF REPORT AGENDA TITLE: ACCEPT PAVEMENT MANAGEMENT PLAN FISCAL YEAR 2018/19 AVENUE 52 PAVEMENT REHABILITATION AND MISCELLANEOUS STRIPING MODIFICATIONS PROJECT LOCATED ON AVENUE 52 (PROJECT NO. 2018-07) RECOMMENDATION Accept the Pavement Management Plan Fiscal Year 201818/19 Avenue 52 Pavement Rehabilitation and Miscellaneous Striping Modifications Project as complete; authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and authorize staff to release retention in the amount of $22,493, thirty-five days after the Notice of Completion is recorded. EXECUTIVE SUMMARY •The 2018/19 Pavement Management Plan (PMP) improvements included over 245,000 square feet of pavement rehabilitation on Avenue 52 between SilverRock Way and Jefferson Street. •The work also included various minor signing and striping modifications on Blackhawk Way, Miles Avenue, Dune Palms, Highway 111, Avenue 48, Avenue 50, and others. •The work is complete and Council acceptance will close the contract and allow final payment. FISCAL IMPACT The following is the financial accounting for Project No. 2018-07: Original Contract Amount $ 447,365 Contract Change Order No. 1 $ 2,496 Final Contract Amount $ 449,861 Project Budget $ 1,130,000 Final Contract Amount ($ 449,861) Design, Professional, & Personnel Costs ($ 19,027) Inspection, Survey, Plans, & Other Construction Costs ($ 7,372) Anticipated Funds Remaining* $ 653,740 * All costs to date have been accounted for and no further costs are anticipated . CONSENT CALENDAR ITEM NO. 9 89 There are adequate funds to close this project; the final retention amount of $22,493 will be paid from account number 401-0000-20600. The anticipated savings ($653,740) will remain as available appropriations for this project until the completion of all phases. BACKGROUND/ANALYSIS On April 16, 2019, Council awarded a $447,365 contract to United Paving Company. On May 20, 2019, a Notice to Proceed was issued with a 40-working day completion time starting on May 28, 2019 and ending on July 23, 2019. The project was deemed substantially complete on July 17, 2019. No liquidated damages or early completion incentives are recommended. Contract Change Order No. 1 was issued for additional minor striping modifications and a Contract Quantity Adjustment between the Bid Quantities and the Actual Quantities Installed. The project construction effort is complete and in compliance with the plans and specifications. Staff recommends acceptance and release of the retention thirty-five days after the Notice of Completion is recorded. ALTERNATIVES Staff does not recommend an alternative. Prepared by: Leonard R. St. Sauver, Public Works Construction Manager Approved by: Bryan McKinney, P.E., City Engineer Attachment: 1. Vicinity Map 90 *IMPORTANT* Maps and data are to be used for reference purposes only. Map features are approximate, and are not necessarily accurate to surveying or engineering standards. The County of Riverside makes no warranty or guarantee as to the content (the source is often third party), accuracy, timeliness, or completeness of any of the data provided, and assumes no legal responsibility for the information contained on this map. Any use of this product with respect to accuracy and precision shall be the sole responsibility of the user. © Riverside County GIS Feet Legend From SilverRock Way to Jefferson Street Notes 0 REPORT PRINTED ON...2/21/2019 2:50:13 PM 1819 PMP Vicinity Map 3,009 6,019 Blueline Streams City Areas World Street Map ATTACHMENT 1 91 92 City of La Quinta CITY COUNCIL MEETING: August 6, 2019 STAFF REPORT AGENDA TITLE: AUTHORIZE PURCHASES WITH PALMS TO PINES PRINTING FOR UP TO $90,000 FOR FISCAL YEAR 2019/20 RECOMMENDATION Authorize purchases with Palms to Pines Printing for up to $90,000 for fiscal year 2019/20. EXECUTIVE SUMMARY •Per the purchasing policy, amounts paid to vendors/contractors over $50,000 must be approved by Council. •Staff requests authority to purchase up to $90,000 of printed merchandise for multiple city sponsored events. •Last fiscal year, the City spent $74,710 with this vendor on printed merchandise for events, recycling, and common event materials. FISCAL IMPACT Funds are budgeted and if approved up to $90,000 would be charged in increments, as needed, to the appropriate account(s) in 2019/20. BACKGROUND/ANALYSIS Staff has been updating City branded materials and used Palms to Pines for many of these items. Palms to Pines has provided a wide variety of products used for multiple events at the best price and quality. Staff has reviewed two additional bids for cost and quality comparison of other vendors. In addition, savings were realized from having brand logos and guidelines on file with one vendor. The purchasing policy requires Council approval for purchases and/or contracts over $50,000. Last fiscal year expenditures with this vendor totaled $74,710. In addition to Marketing, multiple departments are using this vendor for promotional items. Items purchased include: •Staff shirts (year-round) •Business cards (year-round) •Mailing envelopes with City logo (year-round) •Brew in LQ retail merchandise – socks, hats, shirts, mugs CONSENT CALENDAR ITEM NO. 10 93 •Recycle promotional materials – bags, notebooks, education •Recycling containers for La Quinta schools ALTERNATIVES Council may deny this request or direct Staff to seek Council approval for all future purchases over $50,000 from Palms to Pines Printing on an as needed basis, regardless of the value. Prepared by: Marcie Graham, Marketing Manager Approved by: Jon McMillen, City Manager 94 City of La Quinta CITY COUNCIL MEETING: August 6, 2019 STAFF REPORT AGENDA TITLE: AUTHORIZE CONTRACTING WITH VINTAGE ASSOCIATES, INC FOR UP TO $184,200 OF ADDITIONAL WORK FOR FISCAL YEAR 2019/20, WHEN VINTAGE ASSOCIATES, INC IS THE QUALIFIED AND/OR LOWEST BID RECOMMENDATION Authorize contracting with Vintage Associates, Inc for up to $184,200 of additional work during 2019/20 when Vintage Associates Inc is the qualified and/or low bidder. EXECUTIVE SUMMARY •Per the purchasing policy, amounts paid to vendors/contractors over $50,000 must be approved by Council. •On May 21, 2019, Vintage Associates, Inc. (Vintage) was awarded Project No 2018-32 Parks Landscape Maintenance Services Contract. The contract allows for additional work. •Staff requests authority to contract for up to $184,200 of additional work should Vintage submit a qualified and/or lowest bid. FISCAL IMPACT Up to $184,200 would be charged in increments, as needed, to the appropriate budgeted account(s) should Vintage be awarded any other bids in 2019/20. BACKGROUND/ANALYSIS Vintage is contracted with the City for parks landscape maintenance services in the amount of $658,260. The purchasing policy requires Council approval for purchases and/or contracts over $50,000. Bids are solicited for parks landscape maintenance work that is outside the scope of services identified for the contract in accordance with the City’s purchasing policy. Vintage provides quality work and frequently submits bids for a variety of services. Staff requests authorization to contract with Vintage for an additional $184,200 of work should Vintage be the qualified and/or low bidder during CONSENT CALENDAR ITEM NO. 11 95 2019/20. Doing this would not circumvent the City’s purchasing policy in that Staff would continue to solicit bids for each project. Instead, this authorization would allow staff to select Vintage for up to $184,200 of work should they be the lowest responsible bidder. Vintage performs a variety of tasks such as irrigation installation and/or repair, turf renovation, and landscape restoration, and comply with prevailing wage requirements. ALTERNATIVES Staff could request approval from Council for future work awarded to Vintage on a per project basis, however, this approach may delay work schedules. Prepared by: Dianne Hansen, Management Assistant Approved by: Gil Villalpando, Acting Facilities Director 96 City of La Quinta CITY COUNCIL MEETING: August 6, 219 STAFF REPORT AGENDA TITLE: AUTHORIZE CONTRACTING WITH PWLC II, INC FOR UP TO $150,000 OF ADDITIONAL WORK FOR FISCAL YEAR 2019/20, WHEN PWLC II, INC IS THE QUALIFIED AND/OR LOWEST BID RECOMMENDATION Authorize contracting with PWLC II, Inc for up to $150,000 of additional work during 2019/20 when PWLC II, Inc is the qualified and/or low bidder. EXECUTIVE SUMMARY •Per the purchasing policy, amounts paid to vendors/contractors over $50,000 must be approved by Council. •On May 21, 2019 PWLC II, Inc. (PWLC) was awarded Project No 2018-30 Lighting and Landscape Assessment District 89-1 (L&L) Landscape Maintenance Services Contract. The Contract allows for additional work. •Staff requests authority to contract for up to $150,000 of additional work should PWLC submit a qualified and/or lowest bid. FISCAL IMPACT Up to $150,000 would be charged in increments, as needed, to the appropriate budgeted account(s) should PWLC be awarded any other bids in 2019/20. BACKGROUND/ANALYSIS PWLC is contracted with the City for L&L landscape maintenance services in the amount of $687,059. The purchasing policy requires Council approval for purchases and/or contracts over $50,000. Bids are solicited for landscaping work that is outside the scope of services identified for the L&L contract in accordance with the City’s purchasing policy. PWLC provides quality work and frequently submits bids for a variety of services. Staff requests authorization to contract with PWLC for an additional $150,000 of work should PWLC be the qualified and/or low bidder during 2019/20. Doing this CONSENT CALENDAR ITEM NO. 12 97 would not circumvent the City’s purchasing policy in that Staff would continue to solicit bids for each project. Instead, this authorization would allow staff to select PWLC for up to $150,000 of work should they be the lowest responsible bidder. PWLC performs a variety of tasks such as irrigation installation and/or repair, turf renovation, and landscape restoration, and comply with prevailing wage requirements. ALTERNATIVES Staff could request approval from Council for future work awarded to PWLC on a per project basis, however, this approach may delay work schedules. Prepared by: Dianne Hansen, Interim Management Analyst Approved by: Gil Villalpando, Acting Facilities Director 98 City of La Quinta CITY COUNCIL MEETING: August 6, 219 STAFF REPORT AGENDA TITLE: AUTHORIZE CONTRACTING WITH CREATIVE LIGHTING & ELECTRICAL, INC. FOR UP TO $150,000 OF ADDITIONAL WORK FOR FISCAL YEAR 2019/20, WHEN CREATIVE LIGHTING & ELECTRICAL, INC. IS THE QUALIFIED AND/OR LOWEST BID RECOMMENDATION Authorize contracting with Creative Lighting & Electrical, Inc. for up to $150,000 of additional work during 2019/20 when Creative Lighting & Electrical, Inc is the qualified and/or low bidder. EXECUTIVE SUMMARY •Per the purchasing policy, amounts paid to vendors/contractors over $50,000 must be approved by Council. •On May 21, 2019 Creative Lighting & Electrical, Inc. (Creative) was awarded Project No 2018-31 Lighting and Landscape Assessment District 89-1 (L&L) Lighting Maintenance Services Contract. The Contract allows for additional work. •Staff requests authority to contract for up to $150,000 of additional work should Creative submit a qualified and/or lowest bid. FISCAL IMPACT Up to $150,000 would be charged in increments, as needed, to the appropriate budgeted account(s) should Creative be awarded any other bids in 2019/20. BACKGROUND/ANALYSIS Creative is contracted with the City for L&L lighting maintenance services in the amount of $76,198. The purchasing policy requires Council approval for purchases and/or contracts over $50,000. Bids are solicited for electrical work that is outside the scope of services identified for the L&L contract in accordance with the City’s purchasing policy. Creative CONSENT CALENDAR ITEM NO. 13 99 provides quality work and frequently submits bids for a variety of services. Staff requests authorization to contract with Creative for an additional $150,000 of work should Creative be the qualified and/or low bidder during 2019/20. Doing this would not circumvent the City’s purchasing policy in that Staff would continue to solicit bids for each project. Instead, this authorization would allow staff to select Creative for up to $150,000 of work should they be the lowest responsible bidder. Creative performs a variety of electrical work and emergency repairs and complies with prevailing wage requirements. ALTERNATIVES Staff could request approval from Council for future work awarded to Desert Concepts on a per project basis, however, this approach may delay work schedules. Prepared by: Dianne Hansen, Interim Management Analyst Approved by: Gil Villalpando, Acting Facilities Director 100 City of La Quinta CITY COUNCIL MEETING: August 6, 2019 STAFF REPORT AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH TERRA NOVA PLANNING & RESEARCH, INC. FOR ON-CALL PLANNING SERVICES RECOMMENDATION Approve Agreement for Contract Services with Terra Nova Planning & Research, Inc. for on-call planning services; and authorize the City Manager to execute the agreement. EXECUTIVE SUMMARY •The Planning Division uses on-call planning services during peak workloads and as needed for expertise on special and complex planning projects. •Staff solicited proposals for these services from qualified firms; Terra Nova Planning & Research, Inc. (Terra Nova) was the best qualified to provide these services. •The Agreement for Contract Services (Agreement) would be for a not to exceed amount of $60,000 per year for a three-year term; which would provide continuity on projects Terra Nova processes. FISCAL IMPACT The contract cost up to $60,000 annually, or a total of $180,000 during the three-year term. Funds are available in the Planning Professional Services budget for these services (101-6002-60103). BACKGROUND/ANALYSIS In June 2019, the City received seven proposals in response to on-call planning professional services request for proposals. A selection committee reviewed the proposals and Terra Nova was selected as the top ranked firm. MSA Consulting, Dudek, Interwest Consulting Group, Michael Baker International, LSA, and CASC Engineering and Environmental also submitted proposals. Terra Nova has provided planning-related development review and project management services to the City for nearly 20 years. CONSENT CALENDAR ITEM NO. 14 101 Staff recommends contracting with Terra Nova for services to be rendered on an as needed basis for three years from 2019/20 to 2021/22 with a two-year extension option. Services to be provided include: •Planning project management for specialized and complex projects; •Prepare specialized planning studies and parking surveys; •Prepare environmental review documents (CEQA and NEPA); •Conduct complex technical research and land use work activities including reviewing development applications Based on Terra Nova’s experience, past performance, competitive cost, and familiarity with the City’s planning regulations and review process, staff recommends that the Council approve an Agreement for a period of three years with a two-year extension option (Attachment 1). ALTERNATIVES Council may elect not to approve the Agreement or revise the term. Prepared by: Cheri L. Flores, Planning Manager Approved by: Danny Castro, Design and Development Director Attachment: 1. Agreement for Contract Services 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 Terra Nova Planning and Research, Inc. (“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 Planning 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 -2- assessments, taxes, penalties, or interest levied, assessed, or imposed against City hereunder. Contracting Party shall be responsible for all subcontractors’ compliance with this Section. 1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be performed, (b) it has investigated the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. Should Contracting Party discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by City, Contracting Party shall immediately inform City of such fact and shall not proceed except at Contracting Party’s risk until written instructions are received from the Contract Officer, 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 -3- 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 Sixty Thousand Dollars ($60,000.00) per year for the life of the Agreement, encompassing the initial and any extended terms. (the “Contract Sum”), except as provided in Section 1.7. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Contracting Party’s rate schedule, but not exceeding the Contract Sum, or such other reasonable methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contracting Party at all project meetings reasonably deemed necessary by City; Contracting Party shall not be entitled to any additional compensation for attending said meetings. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the method of compensation set forth in the Schedule of 105 -4- 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. 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 106 -5- 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 August 7, 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: Name: Nicole Criste Tel No. 760-341-4800 E-mail: ncriste@terranovaplanning.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 107 -6- 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 Cheri Flores, Planning 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 witho ut 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, 108 -7- 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 109 -8- 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 110 -9- 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 Ci ty 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 111 -10- 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 112 -11- 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 de fault 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. 113 -12- 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 114 -13- 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 115 -14- 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, cre ed, 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: Cheri Flores 78495 Calle Tampico La Quinta, California 92253 To Contracting Party: Terra Nova Planning and Research Nicole Criste 42635 Melanie Place, Ste 101
 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 116 -15- 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. 117 -16- 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] 118 119 Exhibit A Page 1 of 5 Last revised summer 2017 Exhibit A Scope of Services 1.Services to be Provided: Tasks include, but are not limited to, the following: •Provide planning project management services for specialized and complex projects. •Prepare specialized planning-related studies, as needed. •Conduct complex technical research and land use work activities for the Planning Division that includes the review of development applications submitted to the City, including but not limited to, General Plan Amendments, Zone Changes, Specific Plans and Amendments, Site Development Permits, Tract Maps, and Conditional Use Permits. •Prepare CEQA and NEPA documents including but not limited to Categorical Exemptions, Negative Declarations, Mitigated Negative Declarations, and Mitigation Monitoring and Reporting Programs and provide Mitigation Monitoring Coordination for City Projects. •Prepare Parking Surveys. •Use of Bluebeam Revu Standard software for electronic review of plans and maps. 120 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 Californi a 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 - 121 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 122 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, 123 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 ($1,000.00) as liquidated damages for each working day of delay in the performance of any of the Services required hereunder, as specified in the Schedule of Performance. In addition, liquidated damages may be assessed for failure to comply with the emergency call out requirements, if any, described in the Scope of Services. City may withhold from any moneys payable on account of the Services performed by Contracting Party any accrued liquidated damages. 124 Exhibit B Page 1 of 1 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed Sixty Thousand Dollars ($ 60,000.00) (“Contract Sum”) per year for the life of the contract including the initial and any extended terms. The Contract Sum shall be paid to Contracting Party for time and materials based upon Contracting Party’s rate schedule 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: $60,000.00 “Not to exceed” Year 2: $60,000.00 “Not to exceed” Year 3: $60,000.00 Possible Extended Term: “Not to exceed” Year 4: $60,000.00 “Not to exceed” Year 5: $60,000.00 125 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 directed by the City, in the time allowed by the contract term. 126 Exhibit D Page 1 of 1 Exhibit D Special Requirements None. 127 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. Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or 128 Exhibit E Page 2 of 6 damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contracting Party’s performance under this Agreement. If Contracting Party or Contracting Party’s employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such person. The term “automobile” includes, but is not limited to, a land motor vehicle, trailer or semi-trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contracting Party and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Contracting Party shall carry Workers’ Compensation Insurance in accordance with State Worker’s Compensation laws with employer’s liability limits no less than $1,000,000 per accident or disease. 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 o f 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 129 Exhibit E Page 3 of 6 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 pr operty 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 contracto rs 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. 130 Exhibit E Page 4 of 6 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 o r 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 r esponsibility 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 131 Exhibit E Page 5 of 6 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 o r 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. 132 Exhibit E Page 6 of 6 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. 133 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 134 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 acti ve negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contracting Party will be for that entire portion or percentage of liability not attributable to the active negligence of City. d.Indemnification Provision for Design Professionals. 1. Applicability of this Section F.1(d). Notwithstanding Section F.1(a) hereinabove, the following indemnification provision shall apply to a Contracting Party who constitutes a “design professional” as the term is defined in paragraph 3 below. 2.Scope of Indemnification. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses, including, without limitation, incidental and consequential damages, court costs, reimbursement of attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party. 3. Design Professional Defined. As used in this Section F.1(d), the term “design professional” shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees to obtain executed indemnity agreements with provisions 135 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. 136 City of La Quinta CITY COUNCIL MEETING: August 6, 2019 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION TO APPROVE SECOND EXTENSION OF TIME FOR SITE DEVELOPMENT PERMIT 2014-1003 AND TENTATIVE TRACT MAP 36744, LOCATED ON THE SOUTH SIDE OF AVENUE 54, ONE QUARTER MILE EAST OF MADISON STREET RECOMMENDATION Adopt a Resolution to approve a second extension of time for Site Development Permit 2014-1003 and Tentative Tract Map 36744 to May 5, 2021. EXECUTIVE SUMMARY •Griffin Ranch Investors LP (Applicant) has requested a two-year extension for the site development permit (SDP) and tentative tract map (TTM) originally approved in 2015 and extended in 2017. This will be the second extension. •The project has not progressed due to economic conditions and litigation. •Revisions to the conditions of approval are limited to changes in dates and permit numbers. The Applicant has accepted the updated conditions of approval. FISCAL IMPACT - None BACKGROUND/ANALYSIS The project, located on the south side of Avenue 54 and one quarter mile east of Madison Street, was originally approved by Council on May 5, 2015 (Attachment 1); approvals include Specific Plan 2014-1001 Amendment 1, TPM 35745, SDP 2014-1003, and TTM 36744. On June 20, 2017, Council approved the first extension of time for the SDP and TTM, extending the entitlements to May 5, 2019. On April 22, 2019, the Applicant submitted a request for a second extension of time (Attachment 2). The Municipal Code provides for granting a two-year time extension for an SDP and TTM. For SDP’s there is no limit on the number of extensions that can be granted. TTM’s are limited to extensions totaling six years. After this second extension, there would be two years left on the TTM. CONSENT CALENDAR ITEM NO. 15 137 Project Description The approved project is a 39.8-acre residential development consisting of 78 single-family homes, one residential estate lot, and common lots for a lake, community building and private streets (Attachments 3 and 4). Revisions to Conditions of Approval There are no changes proposed to the project. Recommended revisions to the conditions of approval for the SDP and the TTM are limited to updates based on changes in dates and updated permit numbers. Applicant has reviewed and accepted the conditions. ALTERNATIVES Council may deny the time extension request. Prepared by: Carlos Flores, Senior Planner Approved by: Cheri Flores, Planning Manager Attachments: 1. Project Location Map 2. Justification Letter 3. SDP Plan Set 4. Tentative Tract Map 36744 138 RESOLUTION NO. 2019 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A SECOND TIME EXTENSION FOR A SITE DEVELOPMENT PERMIT AND TENTATIVE TRACT MAP 36744 FOR A RESIDENTIAL DEVELOPMENT ON THE SOUTH SIDE OF AVENUE 54, ONE QUARTER MILE EAST OF MADISON STREET, CASE NUMBERS: SITE DEVELOPMENT PERMIT 2019-0003 (SDP 2014-1003, EXTENSION 2) AND TENTATIVE TRACT MAP 2019-0002 (TTM 36744, EXTENSION 2) APPLICANT: GRIFFIN RANCH INVESTORS LP WHEREAS, the City Council of the City of La Quinta, California, did on the 6th day of August, 2019, consider a request by Griffin Ranch Investors, L.P. for approval of a second extension of time for a Site Development Permit and a Tentative Tract Map for a residential development on 39.8 acres, generally located on the south side of Avenue 54, one quarter mile east of Madison Street, more particularly described as: APN: 767-320-013 WHEREAS, the City Council of the City of La Quinta, California, did on the 5th day of May, 2015, hold a duly noticed Public Hearing and approved a request by Griffin Ranch Investors, L.P. for approval of a Specific Plan Amendment, Tentative Parcel Map, Site Development Permit, and Tentative Tract Map; and, WHEREAS, the City Council of the City of La Quinta, California, did on the 20th day of June, 2017, approve a request by Griffin Ranch Investors, L.P. for approval of a first time extension for Site Development Permit 2014- 1003 and Tentative Tract Map 36744; and, WHEREAS, the applicant, on the 22nd day of April 2019, applied for a second time extension for Site Development Permit 2014-1003 and Tentative Tract Map 36744; and WHEREAS, the Design and Development Department has determined that the request has been assessed in conjunction with Environmental Assessment 2014-1001 prepared for this project for which a Mitigated 139 Resolution No. 2019- Site Development Permit 2019-0003 (SDP 2014-1003, Extension 2) Tentative Tract Map 2019-0002 (TTM 36744, Extension 2) Adopted: August 6, 2019 Page 2 of 6 Negative Declaration and associated Mitigation Monitoring Program was certified on May 5, 2015. No changed circumstances or conditions are proposed, nor has any new information been submitted which would trigger the preparation of a subsequent environmental review pursuant to Public Resources Code Section 21166; and WHEREAS, upon hearing and considering all testimony and arguments of all interested persons, if any, desiring to be heard, the City Council did make the following mandatory findings to justify approval of the Site Development Permit time extension: 1. Site Development Permit 2019-0003 (SDP 2014-1003, Extension 2) is consistent with the La Quinta General Plan, in that the project site is designated as Low Density Residential. The City’s General Plan policies relating to Low Density Residential encourage the provision of a full range of residential land uses within the City in order to accommodate development of all housing types, and the proposed project augments those policies. 2. Site Development Permit 2019-0003 (SDP 2014-1003, Extension 2) is consistent with the La Quinta Zoning Code in terms of architectural style, building height, building mass, and landscaping. The site development permit conforms to certain modified development standards set forth in the project Specific Plan and has been conditioned to ensure compliance with the zoning standards of the Very Low Density zoning district and other supplemental residential standards as established in Title 9 of the La Quinta Municipal Code. 3. Processing and approval of Site Development Permit 2019-0003 (SDP 2014-1003, Extension 2) is in compliance with the requirements of the California Environmental Quality Act. The Design and Development Department has determined that the time extension request has been previously assessed in conjunction with Environmental Assessment 2014-1001 prepared for this project for which a Mitigated Negative Declaration and associated Mitigation Monitoring Program was certified on May 5, 2015. No changed circumstances or conditions are proposed which would trigger the preparation of subsequent environmental analysis pursuant to Public Resources Code Section 21166. 140 Resolution No. 2019- Site Development Permit 2019-0003 (SDP 2014-1003, Extension 2) Tentative Tract Map 2019-0002 (TTM 36744, Extension 2) Adopted: August 6, 2019 Page 3 of 6 4. The architectural design of Site Development Permit 2019-0003 (SDP 2014-1003, Extension 2) including, but not limited to the architectural style, scale, building mass, materials, colors, architectural details, roof style, and other architectural elements, are compatible with surrounding development and with the quality of design prevalent in the City. The Tuscan and Italian Farmhouse styles of design for the common area buildings and residential units are appropriate in context with surrounding development, and the supplemental design elements (stucco finishes with stone accents and exposed rafters, wood accents on garage doors, and concrete S-tile roofs) appropriately enhance the architecture of the buildings. 5. The site design of Site Development Permit 2019-0003 (SDP 2014- 1003, Extension 2) including, but not limited to project entries, interior circulation, proposed amenities, screening of equipment, exterior lighting, pedestrian accessibility and other site design elements are compatible with surrounding development and with the quality of design prevalent in the City. 6. Site Development Permit 2019-0003 (SDP 2014-1003, Extension 2) landscaping is consistent with the landscaping standards and plant palette of the project Specific Plan and implements the standards for landscaping and aesthetics established in the General Plan and Zoning Code. No turf is used in the individual lot landscape concepts which utilize decomposed granite and fractured rock in lieu of turf. The project landscaping for the buildings utilizes a low water use plant palette and shall enhance visual continuity of the development with the surrounding residential areas and will comply with City and Coachella Valley Water District water efficiency requirements, ensuring efficient water use. WHEREAS, upon hearing and considering all testimony and arguments of all interested persons, if any, desiring to be heard, the City Council did make the following mandatory findings to justify approval of the Tentative Tract Map time extension: 1. The design of Tentative Tract Map 2019-0002 (TTM 36744, Extension 2) is consistent with the city General Plan and Specific Plan 2014-1001. The Tract Map is consistent with the Low Density 141 Resolution No. 2019- Site Development Permit 2019-0003 (SDP 2014-1003, Extension 2) Tentative Tract Map 2019-0002 (TTM 36744, Extension 2) Adopted: August 6, 2019 Page 4 of 6 Residential land use designation as set forth in the General Plan, at 1.98 units/acre. 2. The design and improvement of Tentative Tract Map 2019-0002 (TTM 36744, Extension 2) is consistent with the La Quinta General Plan and Specific Plan 2014-1001 with the implementation of recommended conditions of approval to ensure consistency for the homes proposed on the lots created therein, as well as adequate storm water drainage. The project density at 1.98 units/acre is consistent with the La Quinta General Plan and Specific Plan 2014- 1001, in that the proposed development density is comparable to the surrounding single-family residential developments. 3. The design of Tentative Tract Map 2019-0002 (TTM 36744, Extension 2) is not likely to either cause substantial environmental damage or substantially injure fish or wildlife or their habitat. The Design and Development Department has determined that the time extension request has been previously assessed in conjunction with Environmental Assessment 2014-1001 prepared for this project for which a Mitigated Negative Declaration and associated Mitigation Monitoring Program was certified on May 5, 2015. No changed circumstances or conditions are proposed which would trigger the preparation of subsequent environmental analysis pursuant to Public Resources Code Section 21166. 4. The design of Tentative Tract Map 2019-0002 (TTM 36744, Extension 2) is not likely to cause serious public health problems, insofar as the project will be required to comply with all laws, standards and requirements associated with sanitary sewer collection, water quality and other public health issues. 5. The site of Tentative Tract Map 2019-0002 (TTM 36744, Extension 2) is physically suitable for the potential development and density of development as permitted in the Zoning Ordinance and Subdivision Ordinance. As conditioned, the proposed design of the subdivision is physically compatible with the site with regards to topography for the type of land use designation and potential development of the subject property. 142 Resolution No. 2019- Site Development Permit 2019-0003 (SDP 2014-1003, Extension 2) Tentative Tract Map 2019-0002 (TTM 36744, Extension 2) Adopted: August 6, 2019 Page 5 of 6 6. As conditioned, Tentative Tract Map 2019-0002 (TTM 36744, Extension 2) is consistent with all applicable provisions of the La Quinta Zoning Ordinance and Subdivision Ordinance, including, but not limited to, minimum lot area requirements, any other applicable provisions of this code, and the Subdivision Map Act. 7. The design and improvements required for Tentative Tract Map 2019-0002 (TTM 36744, Extension 2) will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision, for access through or use of the property within the subdivision. All roadway improvements, easements, and surrounding improvements will be completed to City standards. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the Findings of the City Council in this case. SECTION 2. That the Mitigated Negative Declaration and associated Mitigation Monitoring Program for the project was certified on May 5, 2015, and no changed circumstances or conditions are proposed, nor has any new information been submitted, which would trigger the preparation of a subsequent environmental review pursuant to Public Resources Code Section 21166. SECTION 3. That it does hereby approve a second time extension to May 5, 2021, for Site Development Permit 2019-0003 (SDP 2014-1003, Extension 2), for the reasons set forth in this Resolution and subject to the attached Conditions of Approval (Exhibit A). SECTION 4. That it does hereby approve a second time extension to May 5, 2021, for Tentative Tract Map 2019-0002 (TTM 36744, Extension 2), for the reasons set forth in this Resolution and subject to the attached Conditions of Approval (Exhibit B). PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held this 6th day of August, 2019, by the following vote: 143 Resolution No. 2019- Site Development Permit 2019-0003 (SDP 2014-1003, Extension 2) Tentative Tract Map 2019-0002 (TTM 36744, Extension 2) Adopted: August 6, 2019 Page 6 of 6 AYES: NOES: ABSENT: ABSTAIN: __________________________ 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 144 RESOLUTION NO. 2019-XXX, EXHIBIT A CONDITIONS OF APPROVAL – SITE DEVELOPMENT PERMIT 2019-0003 (2014-1003 EXT 2) ESTATES AT GRIFFIN LAKE GRIFFIN RANCH INVESTORS LP AUGUST 6, 2019 Page 1 of 23 GENERAL 1.The applicant agrees to defend, indemnify and hold harmless the City of La Quinta (“City”), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Site Development Permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2.This Site Development Permit extension shall expire on May 5, 2021 and shall become null and void in accordance with La Quinta Municipal Code Section 9.200.080, unless a building permit has been issued. A time extension may be requested per LQMC Section 9.200.080. The two-year time period shall be tolled during the pendency of any lawsuit that may be filed, challenging this Site Development Permit and/or the City’s CEQA compliance. 3.Site Development Permit 2019-0003 shall comply with all applicable conditions and/or mitigation measures for the following related approval(s): Environmental Assessment 2014-1001 Specific Plan 2014-1001 Tentative Parcel Map 2014-1001 (TPM 36745) Tentative Tract Map 2019-0003 (TTM 36744) Site Development Permit 2014-1003 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Design and Development Director shall adjudicate the conflict by determining the precedence. 4.Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: Riverside County Fire Marshal La Quinta Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Water Quality Management Plan (WQMP) Exemption Form – Whitewater River Region, Improvement Permit) 145 RESOLUTION NO. 2019-XXX, EXHIBIT A CONDITIONS OF APPROVAL – SITE DEVELOPMENT PERMIT 2019-0003 (2014-1003 EXT 2) ESTATES AT GRIFFIN LAKE GRIFFIN RANCH INVESTORS LP AUGUST 6, 2019 Page 2 of 23  La Quinta Design and Development Department  Riverside Co. Environmental Health Department  Desert Sands Unified School District (DSUSD)  Coachella Valley Water District (CVWD)  Imperial Irrigation District (IID)  California Regional Water Quality Control Board (CRWQCB)  State Water Resources Control Board  SunLine Transit Agency (SunLine)  South Coast Air Quality Management District Coachella Valley (SCAQMD) The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When these requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvement plans for City approval. 5. Coverage under the State of California Construction General Permit must be obtained by the applicant, who then shall submit a copy of the Regional Water Quality Control Board’s (“RWQCB”) acknowledgment of the applicant’s Notice of Intent (“NOI”) and Waste Discharge Identification (WDID) number to the City prior to the issuance of a grading or building permit. 6. The applicant shall comply with all requirements, directives, and orders established pursuant to Executive Order B-29-15 and all regulations adopted to implement that executive order by any state, regional, or local agency or department, including but not limited to regulations adopted by the State Water Resources Control Board, California Department of Water Resources, California Energy Commission, and Coachella Valley Water District (or other distributor of a public water supply), in furtherance of the mandate to prevent the waste and unreasonable use of potable water. If another executive order or future regulations are issued and adopted in furtherance of a mandate to prevent the waste and unreasonable use of water, the applicant shall comply with all requirements, directives, and orders established thereunder. If a requirement, directive, or order established pursuant to Executive Order B-29-15 (or any future executive order) and regulations adopted pursuant thereto is more restrictive than a requirement under the La Quinta Municipal Code applicable by these 146 RESOLUTION NO. 2019-XXX, EXHIBIT A CONDITIONS OF APPROVAL – SITE DEVELOPMENT PERMIT 2019-0003 (2014-1003 EXT 2) ESTATES AT GRIFFIN LAKE GRIFFIN RANCH INVESTORS LP AUGUST 6, 2019 Page 3 of 23 conditions of approval, then the applicant shall comply with the most restrictive requirement. 7. The applicant shall comply with applicable provisions of the City’s NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control Board – Colorado River Basin Region Board Order No. R7- 2013-0011 and the State Water Resources Control Board’s Order No. 2009- 0009-DWQ and Order No. 2012-0006-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan (“SWPPP”) to the State Water Resources Control Board. The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. C. The applicant’s SWPPP shall include provisions for all of the following Best Management Practices (“BMPs”) (LQMC Section 8.70.020 (Definitions)): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non-Storm Water Management. 147 RESOLUTION NO. 2019-XXX, EXHIBIT A CONDITIONS OF APPROVAL – SITE DEVELOPMENT PERMIT 2019-0003 (2014-1003 EXT 2) ESTATES AT GRIFFIN LAKE GRIFFIN RANCH INVESTORS LP AUGUST 6, 2019 Page 4 of 23 6) Waste Management and Materials Pollution Control. D. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. E. The SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City Council. F. The inclusion in the Homeowners’ Association (HOA) Conditions, Covenants, and Restrictions (CC&Rs), a requirement for the perpetual maintenance and operation of all post-construction BMPs as required and the applicant shall execute and record an agreement that provides for the perpetual maintenance and operation of all post- construction BMPs as required. 8. Approval of this Site Development Permit shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. 9. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney’s fees incurred by the City Attorney to review, negotiate and/or modify any documents or instruments required by these conditions, if Developer requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid in the time noted above without deduction or offset and Developer’s failure to make such payment shall be a material breach of the Conditions of Approval. 10. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual consultant’s fees incurred by the City for engineering and/or surveying consultants to review and/or modify any documents or instruments required by this project. This obligation shall be paid in the time noted above without deduction or offset and Developer’s failure to make such payment shall be a material breach of the Conditions of Approval. 148 RESOLUTION NO. 2019-XXX, EXHIBIT A CONDITIONS OF APPROVAL – SITE DEVELOPMENT PERMIT 2019-0003 (2014-1003 EXT 2) ESTATES AT GRIFFIN LAKE GRIFFIN RANCH INVESTORS LP AUGUST 6, 2019 Page 5 of 23 PROPERTY RIGHTS 11. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 12. Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer or the HOA over easements and other property rights necessary for construction and proper functioning of the proposed development not limited to access rights over proposed and/or existing private streets that access public streets and open space/drainage facilities of the master development. 13. The private street rights-of-way to be retained for private use required for this development include: A. PRIVATE STREETS 1) Streets ‘B’, ‘C’, ‘D’, ‘E’, ‘F’, ‘G’, and ‘H’ - Private Residential Streets measured at gutter flow line to gutter flow line shall have a minimum 36-foot travel width. Property line shall be placed at the back of curb similar to the lay out shown on the (preliminary grading plan/tentative map) and the typical street section shown in the tentative map. Use of smooth curves instead of angular lines at property lines is recommended. 14. Right-of-way geometry for standard knuckles and property line corner cut-backs at curb returns shall conform to Riverside County Standard Drawings #801, and #805, respectively, unless otherwise approved by the City Engineer. 15. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 16. The applicant shall furnish proof of easements, or written permission, as 149 RESOLUTION NO. 2019-XXX, EXHIBIT A CONDITIONS OF APPROVAL – SITE DEVELOPMENT PERMIT 2019-0003 (2014-1003 EXT 2) ESTATES AT GRIFFIN LAKE GRIFFIN RANCH INVESTORS LP AUGUST 6, 2019 Page 6 of 23 appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. STREET AND TRAFFIC IMPROVEMENTS 17. The applicant shall comply with the provisions of LQMC Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access for Individual Properties and Development) for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 18. Streets shall have vertical curbs or other approved curb configurations that will convey water without ponding, and provide lateral containment of dust and residue during street sweeping operations. If a wedge or rolled curb design is approved, the lip at the flowline shall be near vertical with a 1/8" batter and a minimum height of 0.1'. Unused curb cuts on any lot shall be restored to standard curb height prior to final inspection of permanent building(s) on the lot. 19. The applicant shall construct the following street improvements to conform with the General Plan: A. OFF-SITE STREETS 1) Avenue 54 – The applicant should install signing and striping to provide median acceleration lanes at the two development access intersections on Avenue 54. B. PRIVATE STREETS 1) Streets ‘B’, ‘C’, ‘D’, ‘E’, ‘F’, ‘G’, and ‘H’ - Private Residential Streets measured at gutter flow line to gutter flow line shall have a 36-foot travel width. 2) The location of driveways of corner lots shall not be located within the curb return and away from the intersection when possible. 150 RESOLUTION NO. 2019-XXX, EXHIBIT A CONDITIONS OF APPROVAL – SITE DEVELOPMENT PERMIT 2019-0003 (2014-1003 EXT 2) ESTATES AT GRIFFIN LAKE GRIFFIN RANCH INVESTORS LP AUGUST 6, 2019 Page 7 of 23 C. PRIVATE CUL DE SACS 1) Shall be constructed according to the lay-out shown on the tentative map, except for minor revisions as may be required by the City Engineer. D. KNUCKLE 1) Construct the knuckle to conform to the lay-out shown in the tentative tract map, except for minor revisions as may be required by the City Engineer. E. Emergency Turn Around 1) Shall be constructed to conform to the lay-out shown on the tentative tract map, except for minor revisions as may be required by the City Engineer. 20. The design of community parking facilities for common areas shall conform to LQMC Chapter 9.150, and in particular the following: A. The parking stall, aisle widths and double hairpin stripe parking stall design shall conform to LQMC Chapter 9.150. On-street parking designated as guest parking on the approved site plan shall be designed in accordance with parallel stall requirements. B. Cross slopes should be a maximum of 2% where ADA accessibility is required, including accessibility routes between buildings. C. Building access points shall be shown on the Precise Grading Plans to better evaluate ADA accessibility issues. D. Accessibility routes as required shall be shown on the Precise Grading Plan. E. Parking stall lengths shall be according to LQMC Chapter 9.150 and be a minimum of 17 feet in length with a 2-foot overhang for standard parking stalls and 18 feet with a 2-foot overhang for handicapped parking stall or as approved by the City Engineer. Where handicapped parking may be required, one van accessible 151 RESOLUTION NO. 2019-XXX, EXHIBIT A CONDITIONS OF APPROVAL – SITE DEVELOPMENT PERMIT 2019-0003 (2014-1003 EXT 2) ESTATES AT GRIFFIN LAKE GRIFFIN RANCH INVESTORS LP AUGUST 6, 2019 Page 8 of 23 handicapped parking stall is required per eight handicapped parking stalls. A project parking plan shall be required to include appropriate signage to implement parking restrictions, and on and off-street parking provisions of the CC & R’s subject to City Engineer and Design and Development Department approval. F. Golf cart parking shall be provided at appropriate locations in the development, in particular in close proximity to the Community Building area. Golf cart stall size shall conform to generally accepted industry standards, as may be determined by the City Engineer and Design and Development Department. G. A minimum five-space bicycle rack shall be provided in an appropriate location at the Community Building facility. 21. The applicant shall extend improvements beyond the subdivision boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 22. The applicant shall design street pavement sections using Caltrans' design procedure for 20-year life pavement, and the site-specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Residential 3.0" a.c./4.5" c.a.b. or the approved equivalents of alternate materials. 23. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 24. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs 152 RESOLUTION NO. 2019-XXX, EXHIBIT A CONDITIONS OF APPROVAL – SITE DEVELOPMENT PERMIT 2019-0003 (2014-1003 EXT 2) ESTATES AT GRIFFIN LAKE GRIFFIN RANCH INVESTORS LP AUGUST 6, 2019 Page 9 of 23 and sidewalks. Mid-block street lighting is not required. 25. Standard knuckles and corner cut-backs shall conform to Riverside County Standard Drawings #801 and #805, respectively, unless otherwise approved by the City Engineer. 26. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by engineers registered in California. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as “engineer,” “surveyor,” and “architect,” refer to persons currently certified or licensed to practice their respective professions in the State of California. 27. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of LQMC Section 13.24.040 (Improvement Plans). 28. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Development Division. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. Rough Grading Plan 1" = 40' Horizontal B. PM10 Plan 1” = 40’ Horizontal C. WQMP (Plan submitted in Report Form) NOTE: A through C to be submitted concurrently. 153 RESOLUTION NO. 2019-XXX, EXHIBIT A CONDITIONS OF APPROVAL – SITE DEVELOPMENT PERMIT 2019-0003 (2014-1003 EXT 2) ESTATES AT GRIFFIN LAKE GRIFFIN RANCH INVESTORS LP AUGUST 6, 2019 Page 10 of 23 D. On-Site Street Improvements/Signing & Striping/Storm Drain Plan 1" = 40' Horizontal, 1"= 4' Vertical E. Off-Site Signing & Striping Plan 1" = 40' Horizontal NOTE: D through E to be submitted concurrently. (Separate Storm Drain Plans if applicable) The following plans shall be submitted to the Building and Safety Division for review and approval. The plans shall utilize the minimum scale specified, unless otherwise authorized by the Building Official in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. F. On-Site Residential Precise Grading Plan 1" = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All On-Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. “Rough Grading” plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1-foot of cover, or sufficient cover to clear any adjacent obstructions. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2016 California Building Code accessibility requirements associated with each door. The assessment must comply with the submittal requirements of the Building & Safety Division. A copy of the reviewed assessment shall be submitted to the Public Works Department in conjunction with the Site Development Plan when it is submitted for plan checking. 154 RESOLUTION NO. 2019-XXX, EXHIBIT A CONDITIONS OF APPROVAL – SITE DEVELOPMENT PERMIT 2019-0003 (2014-1003 EXT 2) ESTATES AT GRIFFIN LAKE GRIFFIN RANCH INVESTORS LP AUGUST 6, 2019 Page 11 of 23 In addition to the normal set of improvement plans, a “Site Development” plan is required to be submitted for approval by the Building Official, Planning Manager and the City Engineer. “Site Development” plans shall normally include all on-site surface improvements including but not limited to finish grades for curbs & gutters, building floor elevations, wall elevations, parking lot improvements and ADA requirements. “Street Parking” plan shall include appropriate signage to implement the “No Parking” concept, or alternatively an on-street parking policy shall be included in the CC & R’s subject to City Engineer’s Approval. The parking plan or CC & R’s shall be submitted concurrently with the Street Improvement Plans. 29. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the “Plans, Notes and Design Guidance” section of the Public Works Department at the City website (www.la-quinta.org). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 30. The applicant shall furnish a complete set of all approved improvement plans on a storage media acceptable to the City Engineer (currently mylars). 31. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as-built conditions. The applicant shall employ or retain the Engineer Of Record during the construction phase of the project so that the EOR can make site visits in support of preparing "Record Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. 155 RESOLUTION NO. 2019-XXX, EXHIBIT A CONDITIONS OF APPROVAL – SITE DEVELOPMENT PERMIT 2019-0003 (2014-1003 EXT 2) ESTATES AT GRIFFIN LAKE GRIFFIN RANCH INVESTORS LP AUGUST 6, 2019 Page 12 of 23 IMPROVEMENT SECURITY AGREEMENTS 32. Prior to approval of any Final Map, the applicant shall construct all on and off-site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement (“SIA”) guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 33. Any Subdivision Improvement Agreement (“SIA”) entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of LQMC Chapter 13.28 (Improvement Security). 34. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. When improvements are phased through a “Phasing Plan,” or an administrative approval (e.g., Site Development Permits), all off-site improvements and common on-site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured through a SIA, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. Improvements and obligations required of each subsequent phase shall either be completed, or secured through a SIA, prior to the completion of homes or the occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 156 RESOLUTION NO. 2019-XXX, EXHIBIT A CONDITIONS OF APPROVAL – SITE DEVELOPMENT PERMIT 2019-0003 (2014-1003 EXT 2) ESTATES AT GRIFFIN LAKE GRIFFIN RANCH INVESTORS LP AUGUST 6, 2019 Page 13 of 23 35. Depending on the timing of the development of this Tentative Parcel Map, and the status of the off-site improvements at the time, the applicant may be required to: A. Construct certain off-site improvements. B. Construct additional off-site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative Tract map. D. Secure the costs for future improvements that are to be made by others. E. To agree to any combination of these actions, as the City may require. Off-Site Improvements should be completed on a first priority basis. The applicant shall complete Off-Site Improvements in the first phase of construction or by the issuance of the 20% Building Permit. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 36. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on-site and off-site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule as approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1/2" x 11" reduction of each page of the Final Map, along with a copy of an 8-1/2" x 11" Vicinity Map. 157 RESOLUTION NO. 2019-XXX, EXHIBIT A CONDITIONS OF APPROVAL – SITE DEVELOPMENT PERMIT 2019-0003 (2014-1003 EXT 2) ESTATES AT GRIFFIN LAKE GRIFFIN RANCH INVESTORS LP AUGUST 6, 2019 Page 14 of 23 Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant’s detailed cost estimates. 37. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRADING 38. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 39. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 40. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a civil engineer registered in the State of California, B. A preliminary geotechnical (“soils”) report prepared by a professional registered in the State of California, C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), and D. A Best Management Practices report prepared in accordance with LQMC Sections 8.70.010 and 13.24.170 (NPDES Stormwater Discharge Permit and Storm Management and Discharge Controls). E. A WQMP prepared by an authorized professional registered in the State of California. 158 RESOLUTION NO. 2019-XXX, EXHIBIT A CONDITIONS OF APPROVAL – SITE DEVELOPMENT PERMIT 2019-0003 (2014-1003 EXT 2) ESTATES AT GRIFFIN LAKE GRIFFIN RANCH INVESTORS LP AUGUST 6, 2019 Page 15 of 23 All grading shall conform with the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by soils engineer, or engineering geologist registered in the State of California. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. Additionally, the applicant shall replenish said security if expended by the City of La Quinta to comply with the Plan as required by the City Engineer. 41. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 42. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6’) of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. 43. Building pad elevations on the rough grading plan submitted for City Engineer’s approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 44. Building pad elevations of perimeter lots shall not differ by more than one foot higher from the building pads in adjacent developments unless 159 RESOLUTION NO. 2019-XXX, EXHIBIT A CONDITIONS OF APPROVAL – SITE DEVELOPMENT PERMIT 2019-0003 (2014-1003 EXT 2) ESTATES AT GRIFFIN LAKE GRIFFIN RANCH INVESTORS LP AUGUST 6, 2019 Page 16 of 23 otherwise approved by the City Engineer. 45. Minimize the differential in building pad elevations of perimeter lots and building pad elevations in adjacent developments. Building pad elevations of perimeter lots have been allowed by the City Engineer to differ by more than the standard one foot in elevation from adjacent developments due to the unique site conditions of this project and the effort by the applicant to lower the site as much as possible. Meeting the one foot standard would impose an unreasonable hardship upon the applicant. 46. Minimize the differential in elevations of lots within this development and elevations in adjoining developments. The differences in elevation between the adjoining properties and the lots within this development as shown on the TTM and the grading plan will be allowed by the City Engineer due to the unique site conditions of this project and the effort by the applicant to lower the site as much as possible. Further lowering of the site would impose an unreasonable hardship upon the applicant. 47. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. DRAINAGE 48. Stormwater handling shall conform with the approved hydrology and drainage report for the Estates at Griffin Lake, Tract Map 36744. Nuisance water shall be disposed of in an approved manner. 49. The applicant shall comply with the provisions of LQMC Section 13.24.120 (Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06-16 – Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. More specifically, stormwater falling 160 RESOLUTION NO. 2019-XXX, EXHIBIT A CONDITIONS OF APPROVAL – SITE DEVELOPMENT PERMIT 2019-0003 (2014-1003 EXT 2) ESTATES AT GRIFFIN LAKE GRIFFIN RANCH INVESTORS LP AUGUST 6, 2019 Page 17 of 23 on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be either the 1 hour, 3 hour, 6 hour or 24 hour event producing the greatest total run off. 50. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 – Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. 51. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise and as approved by the City Engineer. 52. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on-site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 53. No fence or wall shall be constructed around any retention basin unless approved by the Planning Manager and the City Engineer. 54. For on-site above ground common retention basins, retention depth shall be according to Engineering Bulletin No. 06-16 – Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems. Side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. Additionally, retention basin widths shall be not less than 20 feet at the bottom of the basin. 55. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to LQMC Section 9.100.040(B)(7). 56. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 161 RESOLUTION NO. 2019-XXX, EXHIBIT A CONDITIONS OF APPROVAL – SITE DEVELOPMENT PERMIT 2019-0003 (2014-1003 EXT 2) ESTATES AT GRIFFIN LAKE GRIFFIN RANCH INVESTORS LP AUGUST 6, 2019 Page 18 of 23 57. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 58. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 59. The applicant shall comply with applicable provisions for post construction runoff per the City’s NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board – Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013-0011 and the State Water Resources Control Board’s Order No. 2009-0009-DWQ and Order No. 2012-0006-DWQ. A. For post-construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional Water Quality Control Board – Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013-0011. B. The applicant shall implement the WQMP Design Standards per (CRWQCB-CRB) Region Board Order No. R7-2013-0011 utilizing BMPs approved by the City Engineer. A project specific WQMP shall be provided which incorporates Site Design and Treatment BMPs utilizing first flush infiltration as a preferred method of NPDES Permit Compliance for Whitewater River receiving water, as applicable. C. The developer shall execute and record a Stormwater Management/BMP Facilities Agreement that provides for the perpetual maintenance and operation of stormwater BMPs. UTILITIES 60. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 162 RESOLUTION NO. 2019-XXX, EXHIBIT A CONDITIONS OF APPROVAL – SITE DEVELOPMENT PERMIT 2019-0003 (2014-1003 EXT 2) ESTATES AT GRIFFIN LAKE GRIFFIN RANCH INVESTORS LP AUGUST 6, 2019 Page 19 of 23 61. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above-ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 62. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 63. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. CONSTRUCTION 64. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly-maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on-site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. 65. A final noise analysis shall be completed when final lot layout and pad elevations have been completed to assure that the existing Avenue 54 wall is sufficient to meet the City’s noise control standards for all affected units. 66. A final acoustical analysis shall be completed and submitted for review at time of building permit plan check, based on final lot layout and pad elevations, to demonstrate that the City’s standards for interior and exterior CNEL levels will be met for each proposed dwelling unit. 163 RESOLUTION NO. 2019-XXX, EXHIBIT A CONDITIONS OF APPROVAL – SITE DEVELOPMENT PERMIT 2019-0003 (2014-1003 EXT 2) ESTATES AT GRIFFIN LAKE GRIFFIN RANCH INVESTORS LP AUGUST 6, 2019 Page 20 of 23 LANDSCAPING 67. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and common areas shall be signed and stamped by a licensed landscape architect. 68. All new and modified landscape areas shall have landscaping and permanent irrigation improvements in compliance with the City’s Water Efficient Landscape regulations contained in LQMC Section 8.13 (Water Efficient Landscape). 69. Except as otherwise stated in these conditions, all landscaping shall consist of, at minimum, 36” box trees (i.e., a minimum 2.5 inch caliper measured three feet up from grade level after planting), 5-gallon shrubs, and groundcover. Double lodge poles (two-inch diameter) shall be used to brace and stake trees. 70. The applicant shall submit final landscape plans for review, processing and approval to the Planning Division, in accordance with the Final Landscape Plan application process, as a major final landscape plan. Plans shall include construction design for all walls, fences, gated entries, trellises, landscape and common area lighting, etc. Planning Manager approval of the final landscape plans is required prior to issuance of the first building permit unless the Planning Manager determines extenuating circumstances exist which justify an alternative processing schedule. NOTE: Plans are not approved for construction until signed by the appropriate City official, including the Planning Manager and/or City Engineer. Prior to final approval of the installation of landscaping, the Landscape Architect of record shall provide the Planning Division a letter stating he/she has personally inspected the installation and that it conforms with the final landscaping plans as approved by the City. If staff determines during final landscaping inspection that adjustments are required in order to meet the intent of the Planning Commission’s approval, the Planning Manager shall review and approve any such revisions to the landscape plan. 164 RESOLUTION NO. 2019-XXX, EXHIBIT A CONDITIONS OF APPROVAL – SITE DEVELOPMENT PERMIT 2019-0003 (2014-1003 EXT 2) ESTATES AT GRIFFIN LAKE GRIFFIN RANCH INVESTORS LP AUGUST 6, 2019 Page 21 of 23 71. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the American Association of State Highway and Transportation Officials (AASHTO) “A Policy on Geometric Design of Highways and Streets” latest edition, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. PUBLIC SERVICES 72. The applicant shall provide public transit improvements as required by SunLine Transit Agency and as approved by the City Engineer. At this time, SunLine has not requested any such improvements; however, should such a request be made in the future, depending on project phasing and completion, the applicant may be required to provide certain said improvements. MAINTENANCE 73. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 74. The applicant shall make provisions for the continuous and perpetual maintenance of common areas, perimeter landscaping up to the curb, access drives, sidewalks, and stormwater BMPs. FEES AND DEPOSITS 75. The applicant shall comply with the provisions of LQMC Section 13.24.180 (Fees and Deposits). These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 76. Provisions shall be made to comply with the terms and requirements of the City's adopted Art in Public Places program in effect at the time of issuance of building permits. 77. Applicant shall pay the fees as required by the Coachella Valley Unified School District, as in effect at the time requests for building permits are submitted. 165 RESOLUTION NO. 2019-XXX, EXHIBIT A CONDITIONS OF APPROVAL – SITE DEVELOPMENT PERMIT 2019-0003 (2014-1003 EXT 2) ESTATES AT GRIFFIN LAKE GRIFFIN RANCH INVESTORS LP AUGUST 6, 2019 Page 22 of 23 FIRE PROTECTION 78. For residential areas, provide approved standard fire hydrants, located at each intersection, with no portion of any lot frontage more than a maximum of 500 feet from a hydrant. Minimum fire flow for all residential structures shall be 1000 GPM for a 2-hour duration at 20 PSI. 79. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. Two sets of water plans are to be submitted to the Fire Department for approval. 80. Applicant/Developer shall mount blue dot retro-reflectors pavement markers on private streets, public streets and driveways to indicated location of the fire hydrant. It should be 8 inches from centerline to the side that the fire hydrant is on, to identify fire hydrant locations. 81. Residential fire sprinklers are required in all one and two family dwellings per the California Residential Code, California Building Code and the California Fire Code. Contact the Riverside County Fire Department for the Residential Fire Sprinkler Standard. 82. Fire Apparatus access road and driveways shall be in compliance with the Riverside County Fire Department Standard number 06-05 (located at www.rvcfire.org). Access lanes will not have an up, or downgrade of more than 15%. Access roads shall have an unobstructed vertical clearance not less than 13 feet and 6 inches. Access lanes will be designed to withstand the weight of 80 thousand pounds over 2 axles. Access will have a turning radius capable of accommodating fire apparatus. Access lane shall be constructed with a surface so as to provide all weather driving capabilities 83. Any turn-around requires a minimum 38-foot turning radius. 84. The minimum dimension for gates is 20 feet clear and unobstructed width and a minimum vertical clearance of 13 feet 6 inches in height. Any gate providing access from a road shall be located at least 35 feet setback from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where a one-way road with a single traffic lane provides access to a gate entrance, a 38-foot turning radius shall be used. 166 RESOLUTION NO. 2019-XXX, EXHIBIT A CONDITIONS OF APPROVAL – SITE DEVELOPMENT PERMIT 2019-0003 (2014-1003 EXT 2) ESTATES AT GRIFFIN LAKE GRIFFIN RANCH INVESTORS LP AUGUST 6, 2019 Page 23 of 23 85. Gates may be automatic or manual and shall be equipped with a rapid entry system (KNOX). Plans shall be submitted to the Fire Department for approval prior to installation. Automatic gate pins shall be rated with a shear pin force, not to exceed 30 pounds. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. Automatic gates shall be provided with backup power. PLANNING DIVISION 86. Lots 1 through 31, as depicted on the approved Tentative Tract Map (I.e. along the east and south sides of the project), shall be restricted to single story units, not to exceed 22 feet in height. This restriction shall be designated by note on the final map and/or incorporated into the project CC&R’s, referencing this Condition and shall further state that compliance with the restriction shall be verified during review of precise grading plan submittal(s). 87. The applicant shall consider incorporation of a pedestrian pathway that provides direct access from the street to the front door areas of the homes. 167 168 RESOLUTION 2019-XXX, EXHIBIT B CONDITIONS OF APPROVAL – TENTATIVE TRACT MAP 2019-0003 (TTM 36744 EXT 2) ESTATES AT GRIFFIN LAKE GRIFFIN RANCH INVESTORS LP AUGUST 6, 2019 PAGE 1 OF 25 GENERAL 1.The applicant agrees to defend, indemnify and hold harmless the City of La Quinta (“City”), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Tentative Tract Map, or any Final Map recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2.This Tentative Tract Map, and any Final Map recorded thereunder, shall comply with the requirements and standards of Government Code §§ 66410 through 66499.58 (the “Subdivision Map Act”), and Chapter 13 of the La Quinta Municipal Code (“LQMC”). The City of La Quinta’s Municipal Code can be accessed on the City’s Web Site at www.la-quinta.org. 3.This Tentative Tract Map shall expire on May 5, 2021, unless recorded or granted a time extension pursuant to the requirements of La Quinta Municipal Code 13.12.160 (Extensions of time for tentative maps). The two-year time period shall be tolled during the pendency of any lawsuit that may be filed, challenging this Tentative Tract Map and/or the City’s CEQA compliance. 4.Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: Riverside County Fire Marshal La Quinta Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Water Quality Management Plan(WQMP) Exemption Form – Whitewater River Region, Improvement Permit) La Quinta Design and Development Department Riverside Co. Environmental Health Department Desert Sands Unified School District (DSUSD) Coachella Valley Water District (CVWD) Imperial Irrigation District (IID) California Regional Water Quality Control Board (CRWQCB) State Water Resources Control Board 169 RESOLUTION 2019-XXX, EXHIBIT B CONDITIONS OF APPROVAL – TENTATIVE TRACT MAP 2019-0003 (TTM 36744 EXT 2) ESTATES AT GRIFFIN LAKE GRIFFIN RANCH INVESTORS LP AUGUST 6, 2019 PAGE 2 OF 25  SunLine Transit Agency (SunLine)  South Coast Air Quality Management District Coachella Valley (SCAQMD) The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When these requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvement plans for City approval. 5. Tentative Tract Map 36744 shall comply with all applicable terms, conditions and/or mitigation measures for the following related approvals:  Environmental Assessment 2014-1001  Specific Plan 2014-1001  Tentative Parcel Map 2014-1001 (TPM 36745)  Site Development Permit 2019-0003 In the event of any conflict(s) between approval conditions and/or provisions of these approvals, the Design and Development Director shall adjudicate the conflict by determining the precedence. 6. Coverage under the State of California Construction General Permit must be obtained by the applicant, who then shall submit a copy of the Regional Water Quality Control Board’s (“RWQCB”) acknowledgment of the applicant’s Notice of Intent (“NOI”) and Waste Discharge Identification (WDID) number to the City prior to the issuance of a grading or building permit. 7. The applicant shall comply with all requirements, directives, and orders established pursuant to Executive Order B-29-15 and all regulations adopted to implement that executive order by any state, regional, or local agency or department, including but not limited to regulations adopted by the State Water Resources Control Board, California Department of Water Resources, California Energy Commission, and Coachella Valley Water District (or other distributor of a public water supply), in furtherance of the mandate to prevent the waste and unreasonable use of potable water. If another executive order or future regulations are issued and adopted in furtherance of a mandate to prevent the waste and unreasonable use of water, the applicant shall comply with all requirements, directives, and orders established thereunder. If a requirement, directive, or order established pursuant to Executive Order B-29- 15 (or any future executive order) and regulations adopted pursuant thereto 170 RESOLUTION 2019-XXX, EXHIBIT B CONDITIONS OF APPROVAL – TENTATIVE TRACT MAP 2019-0003 (TTM 36744 EXT 2) ESTATES AT GRIFFIN LAKE GRIFFIN RANCH INVESTORS LP AUGUST 6, 2019 PAGE 3 OF 25 are more restrictive than a requirement under the La Quinta Municipal Code applicable by these conditions of approval, then the applicant shall comply with the most restrictive requirement. 8. The applicant shall comply with applicable provisions of the City’s NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; the California Regional Water Quality Control Board – Colorado River Basin Region Board Order No. R7- 2013-0011 and the State Water Resources Control Board’s Order No. 2009- 0009-DWQ and Order No. 2012-0006-DWQ. A. For construction activities including clearing, grading or excavation of land that disturbs one (1) acre or more of land, or that disturbs less than one (1) acre of land, but which is a part of a construction project that encompasses more than one (1) acre of land, the Permitee shall be required to submit a Storm Water Pollution Protection Plan (“SWPPP”) to the State Water Resources Control Board. The applicant or design professional can obtain the California Stormwater Quality Association SWPPP template at www.cabmphandbooks.com for use in their SWPPP preparation. B. The applicant shall ensure that the required SWPPP is available for inspection at the project site at all times through and including acceptance of all improvements by the City. C. The applicant’s SWPPP shall include provisions for all of the following Best Management Practices (“BMPs”) (LQMC Section 8.70.020 (Definitions)): 1) Temporary Soil Stabilization (erosion control). 2) Temporary Sediment Control. 3) Wind Erosion Control. 4) Tracking Control. 5) Non-Storm Water Management. 171 RESOLUTION 2019-XXX, EXHIBIT B CONDITIONS OF APPROVAL – TENTATIVE TRACT MAP 2019-0003 (TTM 36744 EXT 2) ESTATES AT GRIFFIN LAKE GRIFFIN RANCH INVESTORS LP AUGUST 6, 2019 PAGE 4 OF 25 6) Waste Management and Materials Pollution Control. D. All erosion and sediment control BMPs proposed by the applicant shall be approved by the City Engineer prior to any onsite or offsite grading, pursuant to this project. E. The SWPPP and BMPs shall remain in effect for the entire duration of project construction until all improvements are completed and accepted by the City Council. F. The inclusion in the Homeowners’ Association (HOA) Conditions, Covenants, and Restrictions (CC&Rs), a requirement for the perpetual maintenance and operation of all post-construction BMPs as required and the applicant shall execute and record an agreement that provides for the perpetual maintenance and operation of all post-construction BMPs as required. 9. Approval of this Tentative Tract Map shall not be construed as approval for any horizontal dimensions implied by any site plans or exhibits unless specifically identified in the following conditions of approval. 10. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney’s fees incurred by the City Attorney to review, negotiate and/or modify any documents or instruments required by these conditions, if Developer requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid in the time noted above without deduction or offset and Developer’s failure to make such payment shall be a material breach of the Conditions of Approval. 11. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual consultant’s fees incurred by the City for engineering and/or surveying consultants to review and/or modify any documents or instruments required by this project. This obligation shall be paid in the time noted above without deduction or offset and Developer’s failure to make such payment shall be a material breach of the Conditions of Approval. 172 RESOLUTION 2019-XXX, EXHIBIT B CONDITIONS OF APPROVAL – TENTATIVE TRACT MAP 2019-0003 (TTM 36744 EXT 2) ESTATES AT GRIFFIN LAKE GRIFFIN RANCH INVESTORS LP AUGUST 6, 2019 PAGE 5 OF 25 PROPERTY RIGHTS 12. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. 13. Pursuant to the aforementioned condition, conferred rights shall include approvals from the master developer or the HOA over easements and other property rights necessary for construction and proper functioning of the proposed development not limited to access rights over proposed and/or existing private streets that access public streets and open space/drainage facilities of the master development. 14. The applicant shall retain for private use on the Final Map all private street rights-of-way in conformance with the City's General Plan, Municipal Code, applicable specific plans, and/or as required by the City Engineer. 15. The private street rights-of-way to be retained for private use required for this development include: A. PRIVATE STREETS 1) Streets ‘B’, ‘C’, ‘D’, ‘E’, ‘F’, ‘G’, and ‘H’ - Private Residential Streets measured at gutter flow line to gutter flow line shall have a minimum 36-foot travel width. Property line shall be placed at the back of curb similar to the lay out shown on the (preliminary grading plan/tentative map) and the typical street section shown in the tentative map. Use of smooth curves instead of angular lines at property lines is recommended. 16. Right-of-way geometry for standard knuckles and property line corner cut-backs at curb returns shall conform to Riverside County Standard Drawings #801, and #805, respectively, unless otherwise approved by the City Engineer. 17. When the City Engineer determines that access rights to the proposed street 173 RESOLUTION 2019-XXX, EXHIBIT B CONDITIONS OF APPROVAL – TENTATIVE TRACT MAP 2019-0003 (TTM 36744 EXT 2) ESTATES AT GRIFFIN LAKE GRIFFIN RANCH INVESTORS LP AUGUST 6, 2019 PAGE 6 OF 25 rights-of-way shown on the approved Tentative Tract Map are necessary prior to approval of the Final Map dedicating such rights-of-way, the applicant shall grant the necessary rights-of-way within 60 days of a written request by the City. 18. The applicant shall offer for dedication those easements necessary for the placement of, and access to, utility lines and structures, drainage basins, mailbox clusters, park lands, and common areas on the Final Map. 19. Direct vehicular access to Avenue 54 from lots with frontage along Avenue 54 is restricted, except for approved access points identified on the tentative tract map, or as otherwise conditioned in these conditions of approval. The vehicular access restriction shall be shown on the recorded final tract map. 20. The applicant shall furnish proof of easements, or written permission, as appropriate, from those owners of all abutting properties on which grading, retaining wall construction, permanent slopes, or other encroachments will occur. 21. The applicant shall cause no easement to be granted, or recorded, over any portion of the subject property between the date of approval of the Tentative Tract Map and the date of recording of any Final Map, unless such easement is approved by the City Engineer. STREET AND TRAFFIC IMPROVEMENTS 22. The applicant shall comply with the provisions of LQMC Sections 13.24.060 (Street Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access for Individual Properties and Development) for public streets; and Section 13.24.080 (Street Design - Private Streets), where private streets are proposed. 23. Streets shall have vertical curbs or other approved curb configurations that will convey water without ponding, and provide lateral containment of dust and residue during street sweeping operations. If a wedge or rolled curb design is approved, the lip at the flowline shall be near vertical with a 1/8" batter and a minimum height of 0.1'. Unused curb cuts on any lot shall be restored to standard curb height prior to final inspection of permanent building(s) on the lot. 174 RESOLUTION 2019-XXX, EXHIBIT B CONDITIONS OF APPROVAL – TENTATIVE TRACT MAP 2019-0003 (TTM 36744 EXT 2) ESTATES AT GRIFFIN LAKE GRIFFIN RANCH INVESTORS LP AUGUST 6, 2019 PAGE 7 OF 25 24. The applicant shall construct the following street improvements to conform with the General Plan: A. OFF-SITE STREETS 1) Avenue 54 – The applicant should install signing and striping to provide median acceleration lanes at the two development access intersections on Avenue 54. B. PRIVATE STREETS 1) Streets ‘B’, ‘C’, ‘D’, ‘E’, ‘F’, ‘G’, and ‘H’ - Private Residential Streets measured at gutter flow line to gutter flow line shall have a 36- foot travel width. 2) The location of driveways of corner lots shall not be located within the curb return and away from the intersection when possible. C. PRIVATE CUL DE SACS 1) Shall be constructed according to the lay-out shown on the tentative map, except for minor revisions as may be required by the City Engineer. D. KNUCKLE 1) Construct the knuckle to conform to the lay-out shown in the tentative tract map, except for minor revisions as may be required by the City Engineer. E. Emergency Turn Around 1) Shall be constructed to conform to the lay-out shown on the tentative tract map, except for minor revisions as may be required by the City Engineer. 25. The applicant shall extend improvements beyond the subdivision boundaries to ensure they safely integrate with existing improvements (e.g., grading; traffic control devices and transitions in alignment, elevation or dimensions of streets and sidewalks). 175 RESOLUTION 2019-XXX, EXHIBIT B CONDITIONS OF APPROVAL – TENTATIVE TRACT MAP 2019-0003 (TTM 36744 EXT 2) ESTATES AT GRIFFIN LAKE GRIFFIN RANCH INVESTORS LP AUGUST 6, 2019 PAGE 8 OF 25 26. The applicant shall design street pavement sections using Caltrans' design procedure for 20-year life pavement, and the site-specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows: Residential 3.0" a.c./4.5" c.a.b. or the approved equivalents of alternate materials. 27. The applicant shall submit current mix designs (less than two years old at the time of construction) for base, asphalt concrete and Portland cement concrete. The submittal shall include test results for all specimens used in the mix design procedure. For mix designs over six months old, the submittal shall include recent (less than six months old at the time of construction) aggregate gradation test results confirming that design gradations can be achieved in current production. The applicant shall not schedule construction operations until mix designs are approved. 28. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. Mid-block street lighting is not required. 29. Standard knuckles and corner cut-backs shall conform to Riverside County Standard Drawings #801 and #805, respectively, unless otherwise approved by the City Engineer. 30. Improvements shall be designed and constructed in accordance with City adopted standards, supplemental drawings and specifications, or as approved by the City Engineer. Improvement plans for streets, access gates and parking areas shall be stamped and signed by engineers registered in California. FINAL MAPS 31. Prior to the City’s approval of a Final Map, the applicant shall furnish accurate mylars of the Final Map. The Final Map shall be 1” = 40’ scale. 176 RESOLUTION 2019-XXX, EXHIBIT B CONDITIONS OF APPROVAL – TENTATIVE TRACT MAP 2019-0003 (TTM 36744 EXT 2) ESTATES AT GRIFFIN LAKE GRIFFIN RANCH INVESTORS LP AUGUST 6, 2019 PAGE 9 OF 25 IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as “engineer,” “surveyor,” and “architect,” refers to persons currently certified or licensed to practice their respective professions in the State of California. 32. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of LQMC Section 13.24.040 (Improvement Plans). 33. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Development Division. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. Rough Grading Plan 1" = 40' Horizontal B. PM10 Plan 1” = 40’ Horizontal C. WQMP (Plan submitted in Report Form) NOTE: A through C to be submitted concurrently. D. On-Site Street Improvements/Signing & Striping/Storm Drain Plan 1" = 40' Horizontal, 1"= 4' Vertical E. Off-Site Signing & Striping Plan 1" = 40' Horizontal NOTE: D through E to be submitted concurrently. (Separate Storm Drain Plans if applicable) The following plans shall be submitted to the Building and Safety Division for review and approval. The plans shall utilize the minimum scale specified, unless otherwise authorized by the Building Official in writing. Plans may be 177 RESOLUTION 2019-XXX, EXHIBIT B CONDITIONS OF APPROVAL – TENTATIVE TRACT MAP 2019-0003 (TTM 36744 EXT 2) ESTATES AT GRIFFIN LAKE GRIFFIN RANCH INVESTORS LP AUGUST 6, 2019 PAGE 10 OF 25 prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. F. On-Site Residential Precise Grading Plan 1" = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. All On-Site Signing & Striping Plans shall show, at a minimum; Stop Signs, Limit Lines and Legends, No Parking Signs, Raised Pavement Markers (including Blue RPMs at fire hydrants) and Street Name Signs per Public Works Standard Plans and/or as approved by the Engineering Department. “Rough Grading” plans shall normally include perimeter walls with Top Of Wall & Top Of Footing elevations shown. All footings shall have a minimum of 1- foot of cover, or sufficient cover to clear any adjacent obstructions. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2016 California Building Code accessibility requirements associated with each door. The assessment must comply with the submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Public Works Division in conjunction with the Site Development Plan when it is submitted for plan checking. In addition to the normal set of improvement plans, a “Site Development” plan is required to be submitted for approval by the Building Official, Planning Manager and the City Engineer. “Site Development” plans shall normally include all on-site surface improvements including but not limited to finish grades for curbs & gutters, building floor elevations, wall elevations, parking lot improvements and ADA requirements. “Street Parking” plan shall include appropriate signage to implement the “No Parking” concept, or alternatively an on-street parking policy shall be included 178 RESOLUTION 2019-XXX, EXHIBIT B CONDITIONS OF APPROVAL – TENTATIVE TRACT MAP 2019-0003 (TTM 36744 EXT 2) ESTATES AT GRIFFIN LAKE GRIFFIN RANCH INVESTORS LP AUGUST 6, 2019 PAGE 11 OF 25 in the CC & R’s subject to City Engineer’s Approval. The parking plan or CC & R’s shall be submitted concurrently with the Street Improvement Plans. 34. The City maintains standard plans, detail sheets and/or construction notes for elements of construction which can be accessed via the “Plans, Notes and Design Guidance” section of the Public Works Department at the City website (www.la-quinta.org). Please navigate to the Public Works Department home page and look for the Standard Drawings hyperlink. 35. The applicant shall furnish a complete set of all approved improvement plans on a storage media acceptable to the City Engineer (currently mylars). 36. Upon completion of construction, and prior to final acceptance of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as-built conditions. The applicant shall employ or retain the Engineer Of Record during the construction phase of the project so that the EOR can make site visits in support of preparing "Record Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. IMPROVEMENT SECURITY AGREEMENTS 37. Prior to approval of any Final Map, the applicant shall construct all on and off- site improvements and satisfy its obligations for same, or shall furnish a fully secured and executed Subdivision Improvement Agreement (“SIA”) guaranteeing the construction of such improvements and the satisfaction of its obligations for same, or shall agree to any combination thereof, as may be required by the City. 38. Any Subdivision Improvement Agreement (“SIA”) entered into by and between the applicant and the City of La Quinta, for the purpose of guaranteeing the completion of any improvements related to this Tentative Tract Map, shall comply with the provisions of LQMC Chapter 13.28 179 RESOLUTION 2019-XXX, EXHIBIT B CONDITIONS OF APPROVAL – TENTATIVE TRACT MAP 2019-0003 (TTM 36744 EXT 2) ESTATES AT GRIFFIN LAKE GRIFFIN RANCH INVESTORS LP AUGUST 6, 2019 PAGE 12 OF 25 (Improvement Security). 39. Improvements to be made, or agreed to be made, shall include the removal of any existing structures or other obstructions which are not a part of the proposed improvements; and shall provide for the setting of the final survey monumentation. When improvements are phased through a “Phasing Plan,” or an administrative approval (e.g., Site Development Permits), all off-site improvements and common on-site improvements (e.g., backbone utilities, retention basins, perimeter walls, landscaping and gates) shall be constructed, or secured through a SIA, prior to the issuance of any permits in the first phase of the development, or as otherwise approved by the City Engineer. Improvements and obligations required of each subsequent phase shall either be completed, or secured through a SIA, prior to the completion of homes or the occupancy of permanent buildings within such latter phase, or as otherwise approved by the City Engineer. In the event the applicant fails to construct the improvements for the development, or fails to satisfy its obligations for the development in a timely manner, pursuant to the approved phasing plan, the City shall have the right to halt issuance of all permits, and/or final inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. 40. Depending on the timing of the development of this Tentative Parcel Map, and the status of the off-site improvements at the time, the applicant may be required to: A. Construct certain off-site improvements. B. Construct additional off-site improvements, subject to the reimbursement of its costs by others. C. Reimburse others for those improvements previously constructed that are considered to be an obligation of this tentative Tract map. D. Secure the costs for future improvements that are to be made by others. 180 RESOLUTION 2019-XXX, EXHIBIT B CONDITIONS OF APPROVAL – TENTATIVE TRACT MAP 2019-0003 (TTM 36744 EXT 2) ESTATES AT GRIFFIN LAKE GRIFFIN RANCH INVESTORS LP AUGUST 6, 2019 PAGE 13 OF 25 E. To agree to any combination of these actions, as the City may require. Off-Site Improvements should be completed on a first priority basis. The applicant shall complete Off-Site Improvements in the first phase of construction or by the issuance of the 20% Building Permit. In the event that any of the improvements required for this development are constructed by the City, the applicant shall, prior to the approval of the Final Map, or the issuance of any permit related thereto, reimburse the City for the costs of such improvements. 41. If the applicant elects to utilize the secured agreement alternative, the applicant shall submit detailed construction cost estimates for all proposed on- site and off-site improvements, including an estimate for the final survey monumentation, for checking and approval by the City Engineer. Such estimates shall conform to the unit cost schedule as approved by the City Engineer. At the time the applicant submits its detailed construction cost estimates for conditional approval of the Final Map by the City Council, the applicant shall also submit one copy each of an 8-1/2" x 11" reduction of each page of the Final Map, along with a copy of an 8-1/2" x 11" Vicinity Map. Estimates for improvements under the jurisdiction of other agencies shall be approved by those agencies and submitted to the City along with the applicant’s detailed cost estimates. 42. Should the applicant fail to construct the improvements for the development, or fail to satisfy its obligations for the development in a timely manner, the City shall have the right to halt issuance of building permits, and/or final building inspections, withhold other approvals related to the development of the project, or call upon the surety to complete the improvements. GRADING 43. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 44. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 181 RESOLUTION 2019-XXX, EXHIBIT B CONDITIONS OF APPROVAL – TENTATIVE TRACT MAP 2019-0003 (TTM 36744 EXT 2) ESTATES AT GRIFFIN LAKE GRIFFIN RANCH INVESTORS LP AUGUST 6, 2019 PAGE 14 OF 25 45. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a civil engineer registered in the State of California, B. A preliminary geotechnical (“soils”) report prepared by a professional registered in the State of California, C. A Fugitive Dust Control Plan prepared in accordance with LQMC Chapter 6.16, (Fugitive Dust Control), and D. A Best Management Practices report prepared in accordance with LQMC Sections 8.70.010 and 13.24.170 (NPDES Stormwater Discharge Permit and Storm Management and Discharge Controls). E. A WQMP prepared by an authorized professional registered in the State of California. All grading shall conform with the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by soils engineer, or engineering geologist registered in the State of California. A statement shall appear on the Final Map that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. Additionally, the applicant shall replenish said security if expended by the City of La Quinta to comply with the Plan as required by the City Engineer. 46. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive Dust Control Plan. 47. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) 182 RESOLUTION 2019-XXX, EXHIBIT B CONDITIONS OF APPROVAL – TENTATIVE TRACT MAP 2019-0003 (TTM 36744 EXT 2) ESTATES AT GRIFFIN LAKE GRIFFIN RANCH INVESTORS LP AUGUST 6, 2019 PAGE 15 OF 25 except as otherwise modified by this condition. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6’) of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1.5") in the first eighteen inches (18") behind the curb. 48. Building pad elevations on the rough grading plan submitted for City Engineer’s approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 49. Building pad elevations of perimeter lots shall not differ by more that one foot higher from the building pads in adjacent developments unless otherwise approved by the City Engineer. 50. Minimize the differential in building pad elevations of perimeter lots and building pad elevations in adjacent developments. Building pad elevations of perimeter lots have been allowed by the City Engineer to differ by more than the standard one foot in elevation from adjacent developments due to the unique site conditions of this project and the effort by the applicant to lower the site as much as possible. Meeting the one foot standard would impose an unreasonable hardship upon the applicant. 51. Minimize the differential in elevations of lots within this development and elevations in adjoining developments. The differences in elevation between the adjoining properties and the lots within this development as shown on the TTM and the grading plan will be allowed by the City Engineer due to the unique site conditions of this project and the effort by the applicant to lower the site as much as possible. Further lowering of the site would impose an unreasonable hardship upon the applicant. 52. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. 183 RESOLUTION 2019-XXX, EXHIBIT B CONDITIONS OF APPROVAL – TENTATIVE TRACT MAP 2019-0003 (TTM 36744 EXT 2) ESTATES AT GRIFFIN LAKE GRIFFIN RANCH INVESTORS LP AUGUST 6, 2019 PAGE 16 OF 25 Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The data shall be organized by lot number, and listed cumulatively if submitted at different times. DRAINAGE 53. Stormwater handling shall conform with the approved hydrology and drainage report for the Estates at Griffin Lake, Tract Map 36744. Nuisance water shall be disposed of in an approved manner. 54. The applicant shall comply with the provisions of LQMC Section 13.24.120 (Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06-16 – Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. More specifically, stormwater falling on site during the 100 year storm shall be retained within the development, unless otherwise approved by the City Engineer. The design storm shall be either the 1 hour, 3 hour, 6 hour or 24 hour event producing the greatest total run off. 55. Nuisance water shall be retained on site. Nuisance water shall be disposed of per approved methods contained in Engineering Bulletin No. 06-16 – Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering Bulletin No. 06-015 - Underground Retention Basin Design Requirements. 56. In design of retention facilities, the maximum percolation rate shall be two inches per hour. The percolation rate will be considered to be zero unless the applicant provides site specific data indicating otherwise and as approved by the City Engineer. 57. The project shall be designed to accommodate purging and blowoff water (through underground piping and/or retention facilities) from any on-site or adjacent well sites granted or dedicated to the local water utility authority as a requirement for development of this property. 58. No fence or wall shall be constructed around any retention basin unless approved by the Planning Manager and the City Engineer. 184 RESOLUTION 2019-XXX, EXHIBIT B CONDITIONS OF APPROVAL – TENTATIVE TRACT MAP 2019-0003 (TTM 36744 EXT 2) ESTATES AT GRIFFIN LAKE GRIFFIN RANCH INVESTORS LP AUGUST 6, 2019 PAGE 17 OF 25 59. For on-site above ground common retention basins, retention depth shall be according to Engineering Bulletin No. 06-16 – Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems. Side slopes shall not exceed 3:1 and shall be planted with maintenance free ground cover. Additionally, retention basin widths shall be not less than 20 feet at the bottom of the basin. 60. Stormwater may not be retained in landscaped parkways or landscaped setback lots. Only incidental storm water (precipitation which directly falls onto the setback) will be permitted to be retained in the landscape setback areas. The perimeter setback and parkway areas in the street right-of-way shall be shaped with berms and mounds, pursuant to LQMC Section 9.100.040(B)(7). 61. The design of the development shall not cause any increase in flood boundaries and levels in any area outside the development. 62. The development shall be graded to permit storm flow in excess of retention capacity to flow out of the development through a designated overflow and into the historic drainage relief route. 63. Storm drainage historically received from adjoining property shall be received and retained or passed through into the historic downstream drainage relief route. 64. The applicant shall comply with applicable provisions for post construction runoff per the City’s NPDES stormwater discharge permit, LQMC Sections 8.70.010 et seq. (Stormwater Management and Discharge Controls), and 13.24.170 (Clean Air/Clean Water); Riverside County Ordinance No. 457; and the California Regional Water Quality Control Board – Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013-0011 and the State Water Resources Control Board’s Order No. 2009-0009-DWQ and Order No. 2012- 0006-DWQ. A. For post-construction urban runoff from New Development and Redevelopments Projects, the applicant shall implement requirements of the NPDES permit for the design, construction and perpetual operation and maintenance of BMPs per the approved Water Quality Management Plan (WQMP) for the project as required by the California Regional 185 RESOLUTION 2019-XXX, EXHIBIT B CONDITIONS OF APPROVAL – TENTATIVE TRACT MAP 2019-0003 (TTM 36744 EXT 2) ESTATES AT GRIFFIN LAKE GRIFFIN RANCH INVESTORS LP AUGUST 6, 2019 PAGE 18 OF 25 Water Quality Control Board – Colorado River Basin (CRWQCB-CRB) Region Board Order No. R7-2013-0011. B. The applicant shall implement the WQMP Design Standards per (CRWQCB-CRB) Region Board Order No. R7-2013-0011 utilizing BMPs approved by the City Engineer. A project specific WQMP shall be provided which incorporates Site Design and Treatment BMPs utilizing first flush infiltration as a preferred method of NPDES Permit Compliance for Whitewater River receiving water, as applicable. C. The developer shall execute and record a Stormwater Management/BMP Facilities Agreement that provides for the perpetual maintenance and operation of stormwater BMPs. UTILITIES 65. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 66. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above-ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 67. Existing overhead utility lines within, or adjacent to the proposed development, and all proposed utilities shall be installed underground. All existing utility lines attached to joint use 92 KV transmission power poles are exempt from the requirement to be placed underground. 68. Underground utilities shall be installed prior to overlying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements maintained, or required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. 186 RESOLUTION 2019-XXX, EXHIBIT B CONDITIONS OF APPROVAL – TENTATIVE TRACT MAP 2019-0003 (TTM 36744 EXT 2) ESTATES AT GRIFFIN LAKE GRIFFIN RANCH INVESTORS LP AUGUST 6, 2019 PAGE 19 OF 25 CONSTRUCTION 69. The City will conduct final inspections of habitable buildings only when the buildings have improved street and (if required) sidewalk access to publicly- maintained streets. The improvements shall include required traffic control devices, pavement markings and street name signs. If on-site streets in residential developments are initially constructed with partial pavement thickness, the applicant shall complete the pavement prior to final inspections of the last ten percent of homes within the development or when directed by the City, whichever comes first. 70. A final noise analysis shall be completed when final lot layout and pad elevations have been completed to assure that the existing Avenue 54 wall is sufficient to meet the City’s noise control standards for all affected units. 71. A final acoustical analysis shall be completed and submitted for review at time of building permit plan check, based on final lot layout and pad elevations, to demonstrate that the City’s standards for interior and exterior CNEL levels will be met for each proposed dwelling unit. LANDSCAPE AND IRRIGATION 72. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans). 73. The applicant shall provide landscaping in the required setbacks, retention basins, common lots and park areas. 74. Landscape and irrigation plans for landscaped lots and setbacks, medians, retention basins, and parks shall be signed and stamped by a landscape architect licensed in California. 75. The applicant shall submit final landscape plans for review, processing and approval to the Planning Division, in accordance with the Final Landscape Plan application process, as a major final landscape plan. Plans shall include construction design for all walls, fences, gated entries, trellises, etc. Planning Manager approval of the final landscape plans is required prior to issuance of the first building permit unless the Planning Manager determines extenuating circumstances exist which justify an alternative processing schedule. 187 RESOLUTION 2019-XXX, EXHIBIT B CONDITIONS OF APPROVAL – TENTATIVE TRACT MAP 2019-0003 (TTM 36744 EXT 2) ESTATES AT GRIFFIN LAKE GRIFFIN RANCH INVESTORS LP AUGUST 6, 2019 PAGE 20 OF 25 NOTE: Plans are not approved for construction until signed by the appropriate City official, including the Planning Manager and/or City Engineer. Prior to final approval of the installation of landscaping, the Landscape Architect of record shall provide the Planning Division a letter stating he/she has personally inspected the installation and that it conforms with the final landscaping plans as approved by the City. If staff determines during final landscaping inspection that adjustments are required in order to meet the intent of the Planning Commission’s approval, the Planning Manager shall review and approve any such revisions to the landscape plan. 76. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Manager. Use of lawn areas shall be minimized with no lawn, or spray irrigation, being placed within 24 inches of curbs along public streets. 77. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the American Association of State Highway and Transportation Officials (AASHTO) “A Policy on Geometric Design of Highways and Streets” latest edition, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of- way. 78. A master wall plan, detailing the design and location of sound wall areas, entry walls, and interior property line walls, shall be subject to review and approval by the Planning Division, in accordance with the landscape review process as conditioned. The wall plan shall specify wall section details, colors and materials, capping, pilasters, entry monuments, planters, and any other related features. PUBLIC SERVICES 79. The applicant shall provide public transit improvements as required by SunLine Transit Agency and as approved by the City Engineer. At this time, SunLine has not requested any such improvements; however, should such a request be made in the future, depending on project phasing and completion, the applicant may be required to provide certain said improvements. 188 RESOLUTION 2019-XXX, EXHIBIT B CONDITIONS OF APPROVAL – TENTATIVE TRACT MAP 2019-0003 (TTM 36744 EXT 2) ESTATES AT GRIFFIN LAKE GRIFFIN RANCH INVESTORS LP AUGUST 6, 2019 PAGE 21 OF 25 MAINTENANCE 80. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 81. The applicant shall make provisions for the continuous and perpetual maintenance of common areas, perimeter landscaping up to the curb, access drives, sidewalks, and stormwater BMPs. FEES AND DEPOSITS 82. The applicant shall comply with the provisions of Section 13.24.180 (Fees and Deposits), LQMC. These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. 83. Permits issued under this approval shall be subject to the provisions of the Development Impact Fee and Transportation Uniform Mitigation Fee programs in effect at the time of issuance of building permit(s). 84. Permits issued under this approval shall be subject to the Coachella Valley Multi-Species Habitat Conservation Plan/Natural Community Habitat Conservation Plan Mitigation Fee, in accordance with LQMC Chapter 3.34. 85. Tentative Tract 36744 shall provide for parks through payment of an in-lieu fee, as specified in Chapter 13.48, LQMC. The in-lieu payment(s) shall be based on the fair market value of the land within the subdivision. Land value information shall be provided to the Design and Development Director, via land sale information, a current fair market value appraisal, or other information on land value within the subdivision. Payment of the in-lieu fee shall be made prior to, or concurrently with recordation of the first final map within the tentative map. FIRE PROTECTION 86. For residential areas, provide approved standard fire hydrants, located at each intersection, with no portion of any lot frontage more than a maximum of 500 feet from a hydrant. Minimum fire flow for all residential structures shall be 189 RESOLUTION 2019-XXX, EXHIBIT B CONDITIONS OF APPROVAL – TENTATIVE TRACT MAP 2019-0003 (TTM 36744 EXT 2) ESTATES AT GRIFFIN LAKE GRIFFIN RANCH INVESTORS LP AUGUST 6, 2019 PAGE 22 OF 25 1000 GPM for a 2-hour duration at 20 PSI. 87. The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material being placed on an individual lot. Two sets of water plans are to be submitted to the Fire Department for approval. 88. Applicant/Developer shall mount blue dot retro-reflectors pavement markers on private streets, public streets and driveways to indicated location of the fire hydrant. It should be 8 inches from ce nterline to the side that the fire hydrant is on, to identify fire hydrant locations. 89. Residential fire sprinklers are required in all one and two family dwellings per the California Residential Code, California Building Code and the California Fire Code. Contact the Riverside County Fire Department for the Residential Fire Sprinkler Standard. 90. Fire Apparatus access road and driveways shall be in compliance with the Riverside County Fire Department Standard number 06-05 (located at www.rvcfire.org). Access lanes will not have an up, or downgrade of more than 15%. Access roads shall have an unobstructed vertical clearance not less than 13 feet and 6 inches. Access lanes will be designed to withstand the weight of 80 thousand pounds over 2 axles. Access will have a turning radius capable of accommodating fire apparatus. Access lane shall be constructed with a surface so as to provide all weather driving capabilities 91. Any turn-around requires a minimum 38-foot turning radius. 92. The minimum dimension for gates is 20 feet clear and unobstructed width and a minimum vertical clearance of 13 feet 6 inches in height. Any gate providing access from a road shall be located at least 35 feet setback from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Where a one-way road with a single traffic lane provides access to a gate entrance, a 38-foot turning radius shall be used. 93. Gates may be automatic or manual and shall be equipped with a rapid entry system (KNOX). Plans shall be submitted to the Fire Department for approval prior to installation. Automatic gate pins shall be rated with a shear pin force, not to exceed 30 pounds. Gates activated by the rapid entry system shall 190 RESOLUTION 2019-XXX, EXHIBIT B CONDITIONS OF APPROVAL – TENTATIVE TRACT MAP 2019-0003 (TTM 36744 EXT 2) ESTATES AT GRIFFIN LAKE GRIFFIN RANCH INVESTORS LP AUGUST 6, 2019 PAGE 23 OF 25 remain open until closed by the rapid entry system. Automatic gates shall be provided with backup power. ARCHAEOLOGY/PALEONTOLOGY 94. If buried cultural materials are discovered during any earth-moving operations associated with the project, all work in that area shall be halted or diverted until a qualified archaeologist can evaluate the nature and significance of the finds. 95. If any resource recovery occurs, a final report shall be submitted to the Planning Division prior to the issuance of the first Certificate of Occupancy for the project. 96. Collected archaeological resources shall be properly packaged for long term curation, in polyethylene self-seal bags, vials, or film cans as appropriate, all within acid-free, standard size, comprehensively labeled archive boxes and delivered to the City prior to issuance of first Certificate of Occupancy for the property. Materials shall be accompanied by descriptive catalogue, field notes and records, primary research data, and the original graphics 97. A paleontological resource impact mitigation program shall be developed and implemented for the proposed project in accordance with the provisions of CEQA, as well as the proposed guidelines of the Society of Vertebrate Paleontology. The primary component of the mitigation program will be monitoring of ground disturbances during the project by qualified personnel. Since the surface soils have been extensively disturbed in the past, only periodic monitoring is recommended during demolition, tree removal, grubbing, or shallow surface grading. Continuous monitoring shall be conducted for deeper grading and excavations that reach beyond a depth of two feet. The mitigation program should include but not be limited to the following:  The excavation of areas identified as likely to contain paleontological resources, such as undisturbed Lake Cahuilla beds and any undisturbed subsurface alluvium, shall be conducted by a qualified paleontological monitor. The monitor should be prepared to quickly salvage fossils, if they are unearthed, to avoid construction delays, but must have the power to temporarily halt or divert construction equipment to allow for 191 RESOLUTION 2019-XXX, EXHIBIT B CONDITIONS OF APPROVAL – TENTATIVE TRACT MAP 2019-0003 (TTM 36744 EXT 2) ESTATES AT GRIFFIN LAKE GRIFFIN RANCH INVESTORS LP AUGUST 6, 2019 PAGE 24 OF 25 removal of abundant or large specimens. Proof that a monitor has been retained shall be given to City prior to issuance of first earth-moving permit, or before any clearing of the site is begun.  Samples of sediments should be collected and washed to recover small invertebrate and vertebrate fossils.  Recovered specimens should be identified and curated at a repository with permanent retrievable storage that would allow for further research in the future.  A report of findings with an appended itemized inventory of specimens shall be submitted to the City prior to the first occupancy of a residence being granted by the City. The report shall include pertinent discussions of the significance of all recovered resources where appropriate. The report and inventory, when submitted to the City, will signify completion of the program to mitigate impacts to paleontological resources.  Collected resources and related reports, etc. shall be given to the City for curation. Packaging of resources, reports, etc. shall comply with standards commonly used in the paleontological industry. PLANNING DIVISION 98. To comply with the Migratory Bird Treaty Act (MBTA), any vegetation or tree removal, or other ground disturbing activities occurring between January 1st and August 31st with the potential to impact nesting birds shall require a qualified biologist to conduct a nesting bird survey to determine if there is a potential impact to such species. All vegetation and suitable nesting habitat (including open ground) on the project site, whether or not it will be removed or disturbed, shall be surveyed for nesting birds. If no nests are present, this condition will be cleared. Conducting construction activities outside the breeding season (September 1st through December 31st) can avoid having to implement these measures. If active nests of any native bird are found on site, they will be avoided until after the young have fledged. 99. Lots 1 through 31 as depicted on the approved Tentative Tract Map shall be restricted to single story units, not to exceed 22 feet in height. This restriction shall be designated by note on the final map and/or incorporated into the 192 RESOLUTION 2019-XXX, EXHIBIT B CONDITIONS OF APPROVAL – TENTATIVE TRACT MAP 2019-0003 (TTM 36744 EXT 2) ESTATES AT GRIFFIN LAKE GRIFFIN RANCH INVESTORS LP AUGUST 6, 2019 PAGE 25 OF 25 project CC&R’s, referencing this Condition. Compliance with this restriction shall be verified during review of precise grading plan submittal(s). 100. It shall be disclosed to any and all parties involved in the sale or other transfer of residential Lots 1through 78, as part of the CC&R’s, that Lot 79 is developed with a residential estate that is approved as a private and public event venue and luxury estate residential rental use. The disclosure shall incorporate language to describe potential impacts due to noise, traffic, and other characteristics associated with the use of Lot 79 as an event venue on a regular basis. 193 194 N.T.S. LOCAL VICINITY MAP FIGURE 1.2 PAGE 4 MSA CONSULTING, INC. www.msaconsultinginc.com GRIFFIN LAKE ESTATES SPECIFIC PLAN Exhibit Date: June 25, 2014Source: X PROJECT SITE ATTACHMENT 1 195 196 _____________________________________________________________________________________________ 23 Corporate Plaza, Suite 150 ▪ Newport Beach, CA 92660 ▪ M) 949.629.2580 ▪ F) 949.419.0920 May 30, 2019 City of La Quinta Attn: Carlos Flores 78-495 Calle Tampico La Quinta, CA 92253 RE: JUSTIFICATION LETTER FOR EXTENSION REQUESTS OF SDP 2017-0006 (2014-1003) AND TTM 2017-0003 (36744) Dear Mr. Flores, Please consider this letter our justification for requesting an additional 2-year extension period for the applications stated above. We received approval for these applications in May 2015 and immediately began processing improvement and final engineered plans with the City of La Quinta and CVWD. We completed as much as possible until we were forced to stop due to poor economic conditions in the La Quinta housing market. In addition, between July 2016 and current, the property has been involved with an extensive litigation that has directly affected the development project. Although our ownership was determined to be the successive party in the initial litigation, an appeal is still ongoing and is expected to be in process with the Courts for an additional 18 months or so. Please understand that we remain willing and able to push this project forward once economic conditions improve and the litigation (appeal) is complete. Thank you for your time in reading this letter. Please contact me directly if you have further questions. Sincerely, Mark Majer Griffin Ranch Investors, LP ATTACHMENT 2 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 City of La Quinta CITY COUNCIL MEETING: August 6, 2019 STAFF REPORT AGENDA TITLE: AUTHORIZE SUBMISSION OF GRANT APPLICATION FOR NATIONAL ENDOWMENT FOR THE ARTS’ OUR TOWN CREATIVE PLACEMAKING PROGRAM TO INTEGRATE ART AND CULTURE INTO COMMUNITY PROJECTS RECOMMENDATION Authorize the submission of a grant application for the National Endowment for the Arts’ Our Town creative placemaking program to promote art and culture into community projects; and authorize the Mayor to sign a letter of support. EXECUTIVE SUMMARY •The National Endowment for the Arts (NEA) provides a grant opportunity up to $200,000 to transform underutilized spaces into active art plazas. •With the Village Make Infrastructure Project in progress, Staff has analyzed ways to enhance the connection of Village cultural assets as shown in Attachment 1. •Staff has partnered with the La Quinta Historical Society (LQHS) and identified a concept that meets NEA’s requirements and activates the vacant lot next to the lumberyard building and museum. •Notification to grant recipients is in April 2020. The grant funds need to be expended within two years of award, which would provide the necessary time to finalize costs and specifications. FISCAL IMPACT None with this action. The estimated cost of the project is $500,000. If awarded the $200,000 from NEA, staff will present to Council a request to accept the award and increase funding in the Capital Improvement Fund for the Village Art Plaza Improvement project which has a current budget of $300,000. BACKGROUND/ANALYSIS The NEA supports projects that integrate art and culture into community priority projects like the Village Make Infrastructure Project. Seeing a potential opportunity, staff crafted the La Quinta Cultural Plaza concept, which would CONSENT CALENDAR ITEM NO. 16 215 integrate Village cultural assets. To exceed eligibility requirements and be deemed a strong contender, staff identified a site (the vacant City property southwest of Avenida Navarro and adjacent to the former lumberyard building) and designed a plaza that embraces the following principles: •connect cultural assets in the Village, •create an outdoor social space, •promote economic development, •develop a 3-section plaza with different components, and •encourage tourism. The City is partnering with the LQHS in order to satisfy the NEA’s requirement to secure a primary partner with a long working relationship. The La Quinta Cultural Plaza design features desert landscape and is sectioned into three areas: a temporary art display, Cahuilla Indian native plant garden, and an interactive social area (fun zone). The $500,000 project budget includes extending water service, electrical, landscape and hardscape plans, engineering, permits, and construction. LQHS will be responsible for curating the native garden and work closely with staff on the temporary art selection process. The La Quinta Cultural Plaza will create a synergy between the Civic Center Campus (Eastern end of the Village), Old Town La Quinta (Northern end of the Village), Old Town Artisan Studio (Southern end of the Village) and the museum and lumberyard (Western end of the Village). The plaza would also boost commerce by creating an area for the community to socialize and enjoy art, learn about the City’s history, and visit adjoining Village businesses. ALTERNATIVES Council may choose not to authorize the grant application submission; however, if the City is selected to receive funding, it can also opt not to accept the funds at that time. Prepared by: Jaime Torres, Management Analyst Approved by: Chris Escobedo, Community Resources Director Attachment: 1. La Quinta Cultural Plaza Vision 216 217 218 219 220 221 222 City of La Quinta CITY COUNCIL MEETING: August 6, 2019 STAFF REPORT AGENDA TITLE: APPROVE GRANT OF EASEMENT TO SOUTHERN CALIFORNIA GAS COMPANY FOR GAS LINES TO THE ADJOINING PROPERTY FOR THE CONSTRUCTION OF THE RESIDENCE INN BY MARRIOTT RECOMMENDATION Approve Grant of Easement to Southern California Gas Company for gas line connections from Vista Coralina to the new Residence Inn by Marriott development; and authorize the City Manager to execute the easement. EXECUTIVE SUMMARY •Southern California Gas (SoCal Gas) will be constructing a gas line from Vista Coralina to the new Residence Inn by Marriott development; SoCal Gas has requested an easement for the new construction and other appurtenances. •The hotel project is underway, and the easement is needed so construction can stay on schedule. FISCAL IMPACT - None. BACKGROUND/ANALYSIS The City sold a portion of land located on Highway 111 to LQ Hospitality, LLC, for the development of a Residence Inn by Marriott. As part of the construction, a utility easement is needed by SoGal Gas to connect the hotel site to the gas line that is located on Vista Coralina. The City still owns the lot directly behind the hotel, and SoCal Gas will require access to the City lot to tie into the private utility line. Therefore, SoCal Gas has requested the City to grant them an easement for these facilities. SoCal Gas has prepared the Grant of Easement and LQ Hospitality, LLC has prepared the legal description (Attachment 1). ALTERNATIVES Staff does not recommend an alternative; this easement is necessary for the development of the hotel site. Prepared by: Angela Ferreira, Management Analyst Approved by: Jon McMillen, City Manager Attachment: 1. Grant of Easement with Exhibits CONSENT CALENDAR ITEM NO. 17 223 224 Distribution Easement Form 1390 Reviewed by Legal Dept. Michelle Meghrouni 3/5/13 Recording Requested by and when recorded mail to: Southern California Gas Company 8101 Rosemead Blvd., ML SC722K Pico Rivera, California 90660-5100 Attn.: Land & Right of Way ____________________________________________________________________________ Leak Survey Area: IND 55 DOCUMENTARY TRANSFER TAX $0 CONVEYANCE OF EASEMENT (OIL AND GAS LEASE) AND CONSIDERATION & VALUE IS LESS THAN $100. R&T 11911. APN: 600-020-053 Computed on full value of property conveyed CPD#: 30131322 Computed on full value less liens and encumbrances remaining at time of sale DISTRIBUTION R.W. 266141 Southern California Gas Company GRANT OF EASEMENT FOR VALUABLE CONSIDERATION, CITY OF LA QUINTA, A CALIFORNIA MUNICIPAL CORPORATION, (“Grantor”), hereby grants to Southern California Gas Company, a California corporation, its successors and assigns ("Grantee"): A 10.00 foot in width permanent non-exclusive easement (“Easement”) to excavate for, lay, construct, reconstruct, relocate, reconfigure, use, inspect, maintain, operate, repair, replace, patrol, change the size of, add to, or remove from time to time, as Grantee deems necessary, one or more pipelines and conduits, together with devices for metering, measuring, regulating, cathodic protection, communications and other appurtenances (all hereinafter referred to as the "Facilities") for the transportation and distribution of natural gas and communications as Grantee deems necessary, convenient or beneficial over, under, through, along, and for all other purposes connected therewith, and together with the reasonable right of ingress and egress to and from the Easement to access the Facilities and the right to use Grantor’s abutting property during construction and maintenance of the Facilities, the strip of land located in the City of La Quinta in the County of Riverside, California, described in Exhibit “A" and depicted in Exhibit “B” attached hereto, and made a part of this agreement. Grantor, for its heirs, successors and assigns, agrees that, except as provided below, no change of grade of the Easement shall be made, that it shall not be inundated, that it shall be kept free of trees, deep-rooted shrubs, buildings and structures of all kinds (except for Grantee's Facilities), that nothing shall be done to impair Grantee's vehicular access to or along the Easement, and that nothing shall be done that unreasonably interferes with Grantee's use of the Easement. Grantee shall have the right, but not the duty, to trim or remove trees, brush, roots or material from the Easement whenever Grantee deems it necessary. Said right shall not relieve Grantor of the duty as owner to trim or remove trees, brush or material to prevent danger or hazard to property or persons. ATTACHMENT 1 225 R.W. 266141 Grantor reserves the right to (1) use any surface or subsurface areas, provided such use does not unreasonably or substantially interfere with Grantee's use of the Easement; (2) improve the Easement area surface with landscaping (except trees and deep-rooted shrubs), paved driveways, parking surfaces, sidewalks, curbs and gutters; provided, however, that before making any such improvements involving a change of grade, Grantor and its heirs, successors and assigns, shall notify the Grantee in advance and comply with underground service alert notification requirements pursuant to Government Code Sections 4216 and following. This Easement shall be binding upon and inure to the benefit of successors, heirs, and assigns of Grantor and Grantee. 226 R.W. 266141 IN WITNESS WHEREOF, these presents are hereby signed this ____ day of __________, 20___. GRANTOR: CITY OF LA QUINTA, A CALIFORNIA MUNICIPAL CORPORATION _______________________________ _______________________________ Signature Signature _______________________________ _______________________________ Name Name _______________________________ _______________________________ Title Title ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA } }ss COUNTY OF } On _____________________, 20___ before me, _______________________________, a Notary Public, personally appeared ___________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ties), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) Signature ___________________________ Commission #: ______________________ Commission Expiration: _______________ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 227 228 229 230 231 232 City of La Quinta CITY COUNCIL MEETING: August 6, 2019 STAFF REPORT AGENDA TITLE: APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE, AND ADVERTISE FOR BID THE CALLE TECATE PARKING LOT IMPROVEMENTS (PROJECT NO. 2019-13) BETWEEN AVENIDA MADERO AND AVENIDA JUAREZ RECOMMENDATION Approve plans, specifications, engineer’s estimate, and authorize staff to bid the Parking Lot Improvements on Calle Tecate between Avenida Madero and Avenida Juarez. EXECUTIVE SUMMARY •In June 2019, Council directed Staff to construct a parking lot on the south side of Calle Tecate near the existing trailhead to alleviate on - street parking concerns (Attachment 1). The improvements will include: ✓Curb cut and concrete driveway ✓Forty parking spaces; to include two ADA accessible spaces. •Facilities Department staff will clear and remove shrubs from the parking lot area and relocate boulders as necessary to create a border. FISCAL IMPACT The 2019/20 budget allocates $70,000 from the General Fund (Account Number 101-3005-60431, Materials/Supplies) for these improvements. The following represents the project budget: Calle Tecate Professional/Design: $ 8,000 Inspection/Testing/Survey: $ 5,000 Construction: $ 50,000 Contingency: $ 7,000 Total Budget: $ 70,000 CONSENT CALENDAR ITEM NO. 18 233 BACKGROUND/ANALYSIS Council and staff receive regular concerns about parking safety on the north side of Calle Tecate. At the June 4, 2019 Council meeting, Staff presented several options that could alleviate this issue. Council directed Staff to construct a parking lot on the south side of Calle Tecate to discourage off street parking for people trying to access the trails. The parking lot will accommodate up to 40 vehicle spaces. If bids received are below $50,000 the City Manager would execute the contract and the project timeline would be reduced. The following is the project schedule: Council Bid Authorization August 6, 2019 Bid Period August 15, 2019 to September 12, 2019 Council Considers Project Award October 1, 2019 (if needed) Execute Contract and Mobilize October 2 to October 23, 2019 Construction (20 Working Days) October to December 2019 Accept Improvements December 2019 ALTERNATIVES Staff does not recommend an alternative. Prepared by: Julie Mignogna, Management Analyst Approved by: Bryan McKinney, P.E., City Engineer Attachments: 1. Vicinity Map 2. Project Location Exhibit 234 Calle Tecate Parking Lot Improvements Project Location ATTACHMENT 1 ATTACHMENT 1235 236 Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community CALLE TECATEAVENIDA MADERO210' 0 160 320 48080Feet CALLE TECATE PARKING PROJECT MAP Ü AVENIDA JUAREZAVENIDA DIAZAVENIDA RUBIO64' ATTACHMENT 2 ATTACHMENT 2237 238 City of La Quinta CITY COUNCIL MEETING: August 6, 2019 STAFF REPORT AGENDA TITLE: INTERVIEW AND SELECT AN EVENT PRODUCER TO PRODUCE A SIGNATURE ART EVENT ON MARCH 5-8, 2020 AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE CONTRACT FOR SERVICES RECOMMENDATION Interview and select an event producer to produce a signature art event on March 5-8, 2020 and authorize the City Manager to execute the contract for services based on the deal points in this report. EXECUTIVE SUMMARY On July 2, Council directed staff to publish a Request for Proposal (RFP) to produce a signature art event (Event) in March 2020. On July 10, Council held a community workshop to capture feedback from residents and artists about the future art event. Staff published an RFP (Attachment 1), that reflected community input, onto the City website and assembled a committee to review all submitted proposals. The two finalists are Paul Anderson and Thunderbird Artists; both with extensive experience in producing high caliber ranked events. FISCAL IMPACT – In exchange for title sponsorship or highest level available, the event producer would be exempt from facility use fees, which is approximately $28,000 and the City would incur the Burrtec charges of approximately $5,000 from the Recycling Fund. In addition, up to $35,000 in digital, print, and social media marketing dollars through City advertisement buys. The event producer would pay all other applicable services and fees including traffic, police, fire, and business license to conduct the event. Revenues generated from business license and tax from art sales will go to the General Fund to support City services. BACKGROUND/ANALYSIS After the withdrawal of the La Quinta Arts Foundation, there was strong support to host a signature art event at Civic Center Campus. To capture community feedback, Council, along with staff hosted a workshop, where 74 members of the community participated. The top qualities expressed for an BUSINESS SESSION ITEM NO. 1 239 event producer included a strong experienced team, and excellence in logistics, promotion, and marketing. On July 11, the RFP was posted on the City website which included feedback from the workshop. Nine proposals were received. A review committee was assembled to evaluate and rank the most qualified event producer. After careful consideration, the top two candidates are Paul Anderson and Thunderbird Artist (Attachment 2). Staff has worked with the City Attorney’s office to draft a contract for service (Attachment 3) to include all City protections, as well as increased insurance amounts required of the event producer. The key deal points are as follows. Event Producer Fully execute a signature art event and commit to its full financial investment. Secure all permits and pay for all associated festival expenses. Market and advertise the event. Hire a team dedicated to executing this event. City Provide use of Civic Center Campus and Wellness Center for March 5 - 8, 2020 at no cost to event producer. Provide use of City parking properties (including City Hall parking lots) for March 2020 event at no cost to event producer. Term of 1 year with option to extend based on March 2020 performance (both event producers are open to a longer initial term and metrics for success will be established within 30 days of selection). Expedite business licensing for artists/vendors. In exchange for top level of sponsorship, City to provide: o Underwrite the cost of event trash service up to $5,000. o Market and send out press releases to support the event. o Advertisement dollars up to $35,000. o City will install banners on city poles in the Village provided by event producer; installations on Highway 111 and Washington Street must be completed by event producer. Due to the expedited time frame, staff is continuing to perform its due diligence review of both event producers. In the event those requirements are not met then only one firm will be present at the upcoming meeting. Both producers have identified the need to issue a press release and initiate the call for artists. Staff will work with the selected producer to finalize the agreement. ALTERNATIVES Council may not select either event producer, resulting in no event in March 2020. 240 Prepared by: Jaime Torres, Management Analyst Approved by: Chris Escobedo, Community Resources Director Attachment: 1.Request for Proposals and Contract Services Agreement 2. Event Producer Proposals 241 242 STAFF REPORT ATTACHMENT 1 243 244 La Quinta is home to visually spectacular and interacive art experiences that produce positive energy felt by its audience. Art has played an important role in the creation of City's character and image. As a result, the City of La Quinta requests proposals from qualified Event Producers for the full production of a signature art event (Event). The Event should reflect the City's cultural diversity, values, and contribute to its characteristics and attributes. The Event Producer should have a strong working relationship with a wide variety of artists, whose work is of the highest artistic merit and provides an opportunity to showcase the highest-quality art. The City seeks an Event Producer to program a signature art event in the month of March 2020, that will elevate the City's portfolio of high-quality events and enhance its rich history for the arts. More specific event requirements are as follows: PART 1 Full production of a signature Art Event on March 5, 2020 - March 8, 2020 at the Civic Center Campus or SilverRock Event Site (attachment 1). Include: Site layout Number of artists Estimated attendance and parking plan Ability to recruit volunteers or dedicate staff Honest, transparent, and fair jury procedure Producing a flat fee or commission based show (with amounts) Dedicated and defined project team with a liaison to the City 245 Estimated cost of Event. Event Producer will provide a full marketing program, ticket sales if the event is ticketed, event staffing, equipment set up, equipment strike down, event cleanup, music, and any and all actions and tangible materials necessary or proper to successfully execute the Event. Develop a community engagement plan with opportunities to interact with the public. Event provides opportunity to showcase the highest-quality art with a variety of mediums. Event provides opportunity for a wide variety of artists whose work is of the highest artistic merit. Preparing a schedule with deliverables leading up to the execution of the event March 5-8, 2020. Event components identified like food, music, and other interactive art experiences. Collaborate with the City in the promotion and dissemination of information for the event. The City reserves to the right to verify that the Event Producer has the financial capability to carry out the requirements of the agreement prior to execution of the agreement. Please see section J in Proposal Format for more details. Event signage will be provided by Event Producer and placed in various locations throughout the City. Event Producer must be able to complete all items listed in the City's temporary use permit (TUP) application (attachment 2). 246 PART 2 The City strongly encourages Event Producers to create interactive, experiential, and multi- medium supplemental events throughout the month of March 2020, but is not required. These events (s) would take place following the signature art event. Supplemental Events can feature a variety of mediums. Supplemental Events will be held at the Civic Center Campus or SilverRock Event Site or a combination of both. Supplemental events will include the same scope as Part 1. The City of La Quinta reserves the right to reject any or all bids or any part of a bid. The City of La Quinta reserves the right to reject the bid of any bidder who previously failed to perform adequately for the City of La Quinta or any other governmental agency. The City of La Quinta expressly reserves the right to reject the bid of any bidder who is in default on the payment of taxes, licenses, or other monies due to the City of La Quinta. RFP available on City's website or via email Deadline for written questions regarding RFP City's responses to questions due to vendors RFP resonse due date Interviews of considered vendors Request for City Council to award July 11, 2019 July 23, 2019, 12:00 noon. July 23, 2019, 5:00 p.m. July 24, 2019, 2:00 p.m. July 25 - 26 August 6, 2019 247 Submit proposals electronically via email or thumb drive. All documents submitted shall be in PDF format. Proposals must bear electronic signatures. Submit proposals to: City of La Quinta Community Resources Department Attention: Jaime Torres 78-495 Calle Tampico La Quinta, CA 92253 or jtorres@laquintaca.gov Subject: RFP Art Event No oral, text, fax, or telephone proposals or modifications will be considered. Proposals received after the due date and time will be returned unopened. 248 Any request for clarification or other questions concerning this RFP or attachments must be submitted via email to jtorres@laquintaca.gov no later than July 23, 2019, at 12:00 noon. All responses will be posted on the RFP page in the City website. Firms are encouraged to keep their proposals brief and relevant to the specific information requested herein. Proposals should be straightforward and concise. Proposals must be presented in a format and order that corresponds to the numbering and lettering contained herein with minimal reference to supporting documentation so that proposals can be accurately compared. All proposals should include the following: A) Introduction Cover letter signed by an official authorized to bind the Event Producer;  Printed name, address, phone number, and email address of Event Producer's contact person;  Location of Event Producer's main office;  Location of the office that would service this project; and  A validity statement stating that all information and pricing provided in the proposal is valid for at least ninety (90) days; and B) Background on the Event Producer and its experience Number of years in business;  Taxpayer identification number;  1. 2. 3. 4. 5. 1. 2. 249 B) Background on the Event Producer and its experience 3. Firm ownership and, if incorporated, the state in which the firm is incorporated and the date of incorporation; and  4. If the firm is a subsidiary of a parent company, identify the parent company. C) At lease five (5) references for similar services within the last three (3) years, which shall include Artist name, telephone number and email address;  Project description;  Project start date, and end date;  Discussion of final outcome D) Disclosure of any alleged significant prior to or ongoing contract failures, any civil or criminal litigation or investigation pending, which involves the Proposer or in which the Proposer has been judged guilty or liable within the last five years. If there is nothing to disclose, Proposer must state as such in writing. E) Description of Proposer’s warranty/guarantee of work product. F) Subcontracting any portion(s) of the Scope of Services is not preferable; however, if a Proposer can demonstrate to the City’s satisfaction that it is in the best interest of the project to permit a portion of the service(s) to be subcontracted by Proposer, it may be considered. Provide details on the role of any subcontractor that will be used. 250 G) Include Event(s) budget, timeline, and proof of successful execution of other similar events, site layout, number of artists, estimated attendance, volunteer and staff count, jury procedure, project team with liason to City. This should incorporate items identified above in Part I of the Scope of Work. H) A statement that, if selected, Proposer will provide the minimum insurance coverage and indemnification noted in sections 5.0 and 6.0 of the City’s Professional Services Agreement (attachment 3). I) NON-COLLUSION AFFIDAVIT executed by an official authorized to bind the firm. (attachment 4) J) The City reserves the right to verify that the Event Producer has the financial capability to carry out the requirements of the agreement prior to the execution of the agreement. Event Producer has two options to prove financial capability. Option 1: Event Producer can submit most recent audited financial statements in the proposal. Please note in this option, documents will be public record. or Option 2: Event Producer can present most recent audited financial statements during the interview process in person or through a read-only temporary link online. Under this method there are no documents submitted. Please note audited financial statement is not required to be submitted with proposal and only documents submitted with propoosal will be made public record. 251 Re: Compliance with Contract Inusrance Requirements Per your contract with the City of La Quinta, please provide proof of the insurance items and endorsements checked below: General liability $5M per occurrence / $5M general aggregate General liability Additional Insured Endorsement General liability Primary / Non-contributory Endorsement Automobile liability $1M combined single limit Workers' compensation statutory limits / employer's liability $1M per accident or disease Workers' Compensation Waiver of Subrogation Endorsement Professional Liability $1M per claim and in the aggregate Please direct your insurance broker to provide the items identified above and return to jtorres@laquintaca.gov 252 RFPATTACHMENT 1253 254 255 256 257 258 259 260 7 7 0 1 2 3 0 11 7 7 0 1 2 3 0 11 7 7 0 1 2 4 0 1 0 7 7 0 1 2 4 0 1 0 7 7 0 1 2 5 0 0 3 7 7 0 1 2 5 0 0 3 7 7 0 1 2 5 0 0 2 7 7 0 1 2 5 0 0 2 7 7 0 1 2 3 0 1 2 7 7 0 1 2 3 0 1 2 City of La Quinta Planning DivisionCity Owned Properties September 2017 ® 261 262 263 264 •Art Walk •Butterfly Garden •Water Feature •Rolling grass and open space •Parking Lot and Park Lighting •Event Building with Restrooms •New Pump/Filter/Canal Water Conversion •Event lawn with 18” Concrete Platform •Parking/Entry Drive Vehicular Drop Off Area –Pavers •Walkways •Trees •Desert Landscape •Sleeving and Pull Boxes for Future Needs AMENITIES 265 266 ART WALK -EXPERIENCE 267 268 ART WALK –KINETIC SCULPTURES 269 270 ART WALK –INTERACTIVE LED 271 272 ART WALK – PLAYFUL LANDFORMS 273 274 FUTURE AMENITIES-SHADE AND TERRACED WALLS 275 276 PHASE I ENHANCED -PERSPECTIVE RENDERING 277 278 PHASE I ENHANCED -PERSPECTIVE RENDERING 279 280 Temporary Use Permit Submittal Requirements Page 1 of 2 City of La Quinta ▪ Design and Development Department ▪ 760.777.7125 06.13.16 P:\Application Submittal Forms\Applications\TUP\TUP Application - 09.27.16 REVISION.doc City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 PHONE: 760.777.7125 FAX: 760.777.1233 SECTION A - APPLICATION SUBMITTAL REQUIREMENTS ___________ APPLICATION SUBMITTAL REQUIREMENTS – INITIAL (TO BE COMPLETED BY CITY STAFF) Submitted Complete EEaacchh ooff tthhee ffoolllloowwiinngg iitteemmss iiss rreeqquuiirreedd ffoorr ssuubbmmiittttaall uunnlleessss aa wwaaiivveerr iiss ggrraanntteedd bbyy CCiittyy SSttaaffff.. AAnnyy wwaaiivveerr mmuusstt bbee ccoonnffiirrmmeedd bbyy iinniittiiaalliinngg ooff tthhiiss ffoorrmm bbyy tthhee ppeerrssoonn ggrraannttiinngg tthhee wwaaiivveerr.. # of paper copies # of E- copies in PDF format (on CD-ROM) Waiver OK’d by (initials) ; ; FILING FEES: Filing Fees Paid (See Master Fee Schedule) Major TUP is any event with greater than 200 people onsite Compliance Deposit (for Major events) - $25,000 due prior to event 1 APPLICATION INFORMATION Application 0 1 NA Description of activity – Including the following information: • Dates and hours of activity • Dates of equipment set up and removal • Maximum Number of people working at the activity at one time • Maximum attendance at one time • Total estimated number of people attending activity per day • Will any portion of the proposed activity occur within a public right-of-way? (street, sidewalk or trail) • Describe any use if any electrical and/or amplified equipment 0 1 NA Site Plan - Including the following information: • Name of project, scale of drawing, and north arrow • Name and location of adjacent streets • Location of: o property lines and landscape areas o existing and temporary structures o drive aisles, parking stalls, and trash facilities o proposed activity o temporary signs. 0 1 NA SUPPLEMENTAL INFORMATION Traffic Control Plan (if any portion of any public or private street is to be used) - The Traffic Control Plan shall show how and where any right-of-way area is to be used including the placement of any barricades and shall show all rerouted pedestrian and vehicular access routes. Please contact the Planning Department for more information regarding this requirement. 0 1 TEMPORARY USE PERMIT (TUP) RFP ATTACHMENT 2 281 Temporary Use Permit Submittal Requirements Page 2 of 2 City of La Quinta ▪ Design and Development Department ▪ 760.777.7125 06.13.16 P:\Application Submittal Forms\Applications\TUP\TUP Application - 09.27.16 REVISION.doc If you have any questions regarding the above items, please contact the Planning Division at (760) 777-7125 Submittal waivers may be obtained through staff consultation, a pre-submittal meeting, or a preliminary review application. No applications will be accepted by mail. Noise Control Plan (if any outdoor speakers and/or amplified entertainment is proposed) – The Noise Control Plan is to be prepared by a City-approved third party sound expert and shall include placement and layout of all outdoor sound system components and an on- and off-site monitoring program. 0 1 Use Agreement - For events located on/in a City owned park or building, a use agreement approved by Community Services is required. Copies of the approved use agreement and the evidence of liability insurance (required as part of the use agreement) are to be provided to the Community Development Department prior to issuance of the TUP. 0 1 Encroachment Permit - For events located on City owned right-of- way, an encroachment permit approved by Public Works is required. A copy of the approved encroachment permit shall be provided to the Community Development Department prior to issuance of the TUP. 0 1 Evidence of Additional Insurance - For events that require a Major TUP, the City’s Risk Manager shall be included in any pre- application meetings and in the routing of the application for department review. The purpose of review by the Risk Manager is to determine if additional insurance beyond that typically required through the City’s standard Community Services use agreement and/or Public Works encroachment permit is necessary, if so, the amount and type of insurance necessary will be determined by the Risk Manager. Evidence of such insurance shall be approved by the Risk Manager and provided to the Community Development Department prior to issuance of the TUP. 0 1 Waste Reduction Plan – If the event’s daily attendance is expected to exceed 2,000 persons, a waste reduction plan is required in compliance with the City of La Quinta Large Venue and Event Waste Management Plan. If applicable, please contact Burrtec Waste and Recycling Services at 760- 340-2113 regarding this requirement. 0 1 282 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 [business entity] (“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 [Service], 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, RFP ATTACHMENT 3 283 -2- assessments, taxes, penalties, or interest levied, assessed, or imposed against City hereunder. Contracting Party shall be responsible for all subcontractors’ compliance with this Section. 1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be performed, (b) it has investigated the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. Should Contracting Party discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by City, Contracting Party shall immediately inform City of such fact and shall not proceed except at Contracting Party’s risk until written instructions are received from the Contract Officer, 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 284 -3- 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 [SUM] (the “Contract Sum”), except as provided in Section 1.7. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Contracting Party’s rate schedule, but not exceeding the Contract Sum, or such other reasonable methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contracting Party at all project meetings reasonably deemed necessary by City; Contracting Party shall not be entitled to any additional compensation for attending said meetings. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the method of compensation set forth in the Schedule of Compensation, Contracting Party’s overall compensation shall not exceed the Contract Sum, except as provided in Section 1.7 of this Agreement. 285 -4- 2.2 Method of Billing & Payment. Any month in which Contracting Party wishes to receive payment, Contracting Party shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City’s Finance Director, an invoice for Services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the Services provided, including time and materials, and (2) specify each staff member who has provided Services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Contracting Party specifying that the payment requested is for Services performed in accordance with the terms of this Agreement. Upon approval in writing by the Contract Officer, 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”). Extension s to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer, or assigned designee. 286 -5- 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contracting Party, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer, 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 , and terminate on (“Initial Term”). This Agreement may be extended [LENGTH] (“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) [NAME] Tel No. E-mail: (b) [NAME]. Tel No. Email: 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 287 -6- 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 [NAME OF DEPARTMENT MANAGER OR DIRECTOR] 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. 288 -7- Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contracting Party in its business or otherwise or a joint venture or a member of any joint enterprise with Contracting Party. Contracting Party shall have no power to incur any debt, obligation, or liability on behalf of City. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Except for the Contract Sum paid to Contracting Party as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contracting Party for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contracting Party for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contracting Party and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contracting Party agrees to pay all required taxes on amounts paid to Contracting Party under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contracting Party shall fully comply with the workers’ compensation laws regarding Contracting Party and Contracting Party’s employees. Contracting Party further agrees to indemnify and hold City harmless from any failure of Contracting Party to comply with applicable workers’ compensation laws. City shall have the right to offset against the amount of any payment due to Contracting Party under this Agreement any amount due to City from Contracting Party as a result of Contracting Party’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. 4.5 Identity of Persons Performing Work. Contracting Party represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all of the Services set forth herein. Contracting Party represents that the Services required herein will be performed by Contracting Party or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services. 289 -8- 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 providing design services, the estimated increased or decreased cost estimate for the project being designed. 290 -9- 7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer, 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. 291 -10- 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 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 292 -11- by law. City shall grant authorization for disclosure if required by any lawful administrative or legal proceeding, court order, or similar directive with the force of law. All City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussions, or other information shall be returned to City upon the termination or expiration of this Agreement. Contracting Party’s covenant under this section shall survive the termination or expiration of this Agreement. 8. ENFORCEMENT OF AGREEMENT. 8.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contracting Party covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer, 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. 293 -12- 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. City’s consent or approval of any act by Contracting Party requiring City’s consent or approval shall not be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contracting Party. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any othe r 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 294 -13- any payments to Contracting Party for the purpose of setoff or partial payment of the amounts owed City. 8.9 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing party in the conduct of the litigation. Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose. 9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 9.1 Non-liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contracting Party, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Contracting Party or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. Contracting Party 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 295 -14- 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: Insert Contract Officer 78495 Calle Tampico La Quinta, California 92253 To Contracting Party: VENDORS COMPANY NAME VENDORS CONTACT VENDORS STREET ADDRESS VENDORS CITY, STATE, ZIP 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. 296 -15- 10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument 10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement. 10.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contracting Party and by the City Council of City. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 10.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 10.8 Unfair Business Practices Claims. In entering into this Agreement, Contracting Party offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contracting Party without further acknowledgment of the parties. 10.9 No Third-Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 10.10 Authority. The pers ons 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 297 -16- this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] 298 -17- 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 299 Exhibit A Page 1 of 1 Last revised summer 2017 Exhibit A Scope of Services 1. Services to be Provided: [TO BE PROVIDED BY STAFF (include location of work)] 2. Performance Standards: [TO BE PROVIDED BY STAFF] OR [See Attached] 300 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 ______________________ ($ __________) (“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. 301 Exhibit C Page 1 of 1 Exhibit C Schedule of Performance Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, in accordance with the Project Schedule, attached hereto and incorporated herein by this reference. 302 Exhibit D Page 1 of 1 Exhibit D Special Requirements [insert Special Requirements or indicate “None” if there are none] 303 Exhibit E Page 1 of 7 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) $5,000,000 (per occurrence) $5,000,000 (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 $1,000,000 (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. 304 Exhibit E Page 2 of 7 Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contracting Party’s performance under this Agreement. If Contracting Party or Contracting Party’s employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such person. The term “automobile” includes, but is not limited to, a land motor vehicle, trailer or semi-trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contracting Party and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Contracting Party shall carry Workers’ Compensation Insurance in accordance with State Worker’s Compensation laws with employer’s liability limits no less than $1,000,000 per accident or disease. Contracting Party shall procure and maintain Cyber Liability insurance with limits of $1,000,000 per occurrence/loss which shall include the following coverage: a. Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including credit monitoring and regulatory fines arising from such theft, dissemination or use of the confidential information. b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems. c. Liability arising from the failure of technology products (software) required under the contract for Consultant to 305 Exhibit E Page 3 of 7 properly perform the services intended. d. Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deep-linking or framing, and infringement or violation of intellectual property rights. e. Liability arising from the failure to render professional services. 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. 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 306 Exhibit E Page 4 of 7 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. 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 307 Exhibit E Page 5 of 7 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 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 308 Exhibit E Page 6 of 7 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 whethe r 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. 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. 309 Exhibit E Page 7 of 7 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. 310 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 311 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 312 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. 313 314 NON-COLLUSION AFFIDAVIT FORM Must be executed by proposer and submitted with the proposal I, __________________________________ (name) hereby declare as follows: I am ______________________________ of _________________________, (Title) (Company) the party making the foregoing proposal, that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from proposing; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any other proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the agreement of anyone interested in the proposed agreement; that tall statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative hereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Proposer Signature: _______________________________________ Proposer Name: _______________________________________ Proposer Title: ______________________________________ Company Name: _______________________________________ Address: _______________________________________ RFP ATTACHMENT 4 315 316 STAFF REPORT ATTACHMENT 2 317 318 LA QUINTA RFP THUNDERBIRD ARTISTS PROPOSAL SIGNATURE ART EVENT MARCH 2020 Prepared by: THUNDERBIRD ARTISTS INC. THUNDERBIRD ARTISTS 319 THUNDERBIRD ARTISTS 15648 N. Eagle Nest Drive | Fountain Hills | Arizona 85268 La Quinta RFP | Thunderbird Artists Proposal Dear Jaime, Thunderbird Artists is excited about this potential opportunity to provide you with a signature fine art event for March 5-8, 2020. We have many years of experience working with various towns and cities throughout the southwest, including Carefree, Scottsdale, Surprise, Fountain Hills and Tucson, AZ, as well as Aspen, Avon and Edwards, CO and Highland Lakes, TX. Thunderbird Artists award-winning reputation would undoubtedly be an asset to the city of La Quinta and this signature event; thus attracting new and additional artists, appealing to our affluent patrons from Arizona, while at the same time making a positively tremendous impact on the city and community as a whole. Since 1991, Thunderbird Artists has produced more than 350 award-winning fine art and wine festivals throughout the Southwest. The fall (26th Annual), winter (27th Annual) and spring (25th Annual) Carefree Fine Art & Wine Festivals were all chosen by the Town of Carefree as their 'Signature Events'.  The average festival showcases 175 juried fine artists, live music, wine tasting, micro-brews, spirit sampling, festive food and delicious sweets and treats. This season is our 8th Annual Surprise Festival, the 9th Annual Scottsdale Waterfront Festival and the 16th Annual Fountain Hills Fine Art & Wine Affaire. Each show is aligned with the host city/town and a 501c3 non-profit charity. We work closely with all our volunteers hosting admission and wine ticket sales as their fundraisers. Since 2002, Thunderbird Artists has donated $740,290.30 in support of all their great causes. Our longevity and success have been built on trust, consistency and responsiveness with our partners, artists and patrons. Those qualities have served us well and helped to build business and personal relationships that have spanned decades. It is our hope that we have an opportunity to build a strong and lasting partnership with the community and city of La Quinta. Sincerely, Denise Colter President Thunderbird Artists T H U N D E R B I R D A R T I S T S I N C ., 1 5 6 4 8 N . E A G L E N E S T D R . F O U N T A I N H I L L S , A Z 8 5 2 6 8 4 8 0 .8 3 7 .5 6 3 7 / 4 8 0 .7 1 0 .0 5 5 4 D E N I S E @ T H U N D E R B I R D A R T I S T S .C O M E V E N T C O N T A C T : D E N I S E C O L T E R , P R E S I D E N T Thunderbird Artists declares that all information in this proposal are accurate and true. 320 B1-4: BACKGROUND AND EXPERIENCE Thunderbird Artists was founded in 1981 by Judi Combs, CEO, and is still owned and operated by Judi. She began with small, local shows in Arizona until March of 1992, when she produced her first juried fine art festival in Scottsdale. The overwhelming success of Thunderbird Artists’ first festival led to additional festivals throughout Arizona, as well as events in Colorado and Texas.  For nearly 40 years, Thunderbird Artists has produced over 350 fine art events, attracting millions of patrons who share in their love and appreciation for fine art. Thunderbird Artists is a family run business, spanning five generations and art plays a significant role in all their lives. The goal for each event is to provide an outstanding variety of mediums, subject matters, sizes and price ranges that satisfy the desires of every patron that strolls through one of the festivals. The ongoing success has been primarily due to the consistent quality of fine arts and selected fine crafts juried for each event. The festivals have developed a reputation as collector’s shows, due to the unwavering standards that are applied during the jury process. Thunderbird Artists’ reputation is built on trust and consistency, with patrons, artists and corporate partners alike. This has earned us an unprecedented level of credibility with local business communities and the art industry as a whole. B1: Thunderbird Artists has been in business for 38 years. B2: Taxpayer identification number is 86-0800592. B3: Thunderbird Artists incorporated in Arizona in June 2004. B4: Thunderbird Artists is not a subsidiary of a parent company. 321 C: REFERENCES References from the following partners, cities and artists: Attachment 1 Mayor Les Peterson, Town of Carefree, Arizona Jason & Daniel Napier, Artist & Participant in LQAF Patti Villeneuve, President, CEO Carefree Cave Creek Chamber of Commerce Gary Neiss, Town Administrator, Town of Carefree Mayor Skip Hall, City of Surprise Bill Pillow, Secretary of the Kiwanis Club of Scottsdale, McCormick Tara Combs, Manager, Sports & Tourism Division, City of Surprise D: DISCLOSURE E: WARRANTY/GUARANTEE F: SUBCONTRACTING Thunderbird Artists has nothing to disclose; no criminal activities or involvement whatsoever. Thunderbird Artists will jury and produce a high quality, cultured fine art festival with an extensive dedicated advertising campaign, in La Quinta, Ca.  Should any landscape or equipment on the grounds be damaged, Thunderbird Artists will either replace, repair or remedy any damage. Thunderbird Artists does not anticipate utilizing any subcontractors. G1: EVENT BUDGET Attachment 3 322 323 G3: PROOF OF SUCCESSFUL EXECUTION OF SIMILAR EVENTS Thunderbird Artists has produced more than 350 fine art events and our three full- time staff employees have a combined 80 years experience producing fine art events. Throughout our conception 38 years ago, the company has received more than 50 awards. This past season all three of our Carefree Fine Art & Wine Festivals ranked in “ArtFair Sourcebook’s TOP 100 Fine Art Events” across the United States, with our Fall event awarded the #2 spot, runner up for the La Quinta Arts Festival. The Winter and Spring events ranked #45 and #53, respectively. For the last three consecutive years Thunderbird Artists Festivals have ranked in the TOP 10 Best Signature Events for Ranking Arizona’s Best of Arizona Businesses, winning the #1 spot for 2018 and 2019. Every event we produce is implemented with a dedicated advertising campaign that includes paid television, newspaper & magazine advertisements and social media, in addition to direct mail, postcards, calendar listings, press kits, posters and our award- winning websites.  All combined, our message reaches over 9 million people and our efforts are successful at targeting an affluent, upscale clientele who enjoy the finer things in life. Since 2010, Thunderbird Artists has produced an annual program guide. The 25,000 printed guides are given out to patrons at every event we produce, as well as available at Thunderbird Artists Gallery. Guides are also distributed among local chambers, visitor’s centers, businesses and community hotspots throughout the valley. 324 G4: SITE LAYOUT A 325 G4: SITE LAYOUT B NORTHAVENIDA LA FONDACALLE TAMPICOWASHINGTON STREET 326 G5; SCOPE OF WORK 327 G5; SCOPE OF WORK PART 1 Thunderbird Artists is anticipating 200 participating juried, fine artists and we are expecting approximately 20,000 patrons to visit the event within the four-day span. We will have 3 full time staff members working diligently from now through the completion of the event, as well as a hired, part-time liaison, in California, to communicate with the city and coordinate the volunteers. We are planning on working with the city, patrons and artists, to secure enough volunteers to work the admission tables, concierge stations, booth sitting for artists, etc. We will also be bringing an additional 8 staff members to facilitate set-up, tear down, as well as work the event itself from March 2nd through March 10th. Our CEO and Founder, Judi Combs, and president Denise Colter jury all the applications.  Our jury process consists of a tiered scoring system; artwork ( 4 images scored) 1-10, booth presentation 1-10 and perfect 50s are the first round to be invited.  There are generally three to five rounds, depending on the number of applicants. G5; SCOPE OF WORK PART II Upon acceptance of our proposal for the Signature Event, Thunderbird Artists is open to further discussions with the City of La Quinta to create supplemental events in the month of March.  We propose the weekends of 14-15 and 21-22 as these weekends coincide with the Indian Wells Tennis Tournament and could enhance the traffic flow. The events will be run on a break-even expense to further promote arts within the community. We will cross advertise these weekend events within our Signature Event, in order to keep costs at a minimum and to encourage artists to return for these 2 day events. Events for consideration include: Sculpture Show Artists Live Painting Event Glass Blowing - Hands on Experience 328 H: INDEMNIFICATION NOTE Forwarded to Jaime Torres - July 23rd, 2019 I: NON-COLLUSION AFFIDAVIT Forwarded to Jaime Torres - July 23rd, 2019 329 ATTACHMENT 1: LETTERS OF RECOMMENDATION 330 ATTACHMENT 1: LETTERS OF RECOMMENDATION 331 ATTACHMENT 1: LETTERS OF RECOMMENDATION 332 ATTACHMENT 1: LETTERS OF RECOMMENDATION 333 ATTACHMENT 1: LETTERS OF RECOMMENDATION 334 ATTACHMENT 1: LETTERS OF RECOMMENDATION 335 ATTACHMENT 1: LETTERS OF RECOMMENDATION 336 ATTACHMENT 2 RESPONSES TO TUP QUESTIONS Temporary Use Permit – Submittal Requirements Application: La Quinta Arts in the Park (name to be determined) will be held March 5th, 6th, 7th & 8th, 2020, from 10am to 5pm each day. Equipment setup would begin Saturday, February 29th and removal will take place March 9th, 2020. The average amount of people walking around at one time is approximately 1000 – 1500 people. A total estimate of people attending per day would be approximately 2500. We would like a small portion of sidewalk (6’ x 6’) for 3-D chalk art, which is an interactive photo opp. Electrical equipment will be used for lighting. Site Plan: Attached Supplemental Information Traffic Control Plan: We would utilize same traffic pattern as previous years, with a La Quinta police officer to direct traffic. Noise Control Plan: All musicians are required to play at a reasonable amplification, so that surrounding artists and patrons may converse Use Agreement:  Will complete upon confirmation of event Encroachment Permit: Will complete upon confirmation of event Evidence of Additional Insurance:  We currently carry a 4 million aggregate; however, will increase to 5 million, should we be chosen. Waste Reduction Plan:  We will work with Burrtec to deliver two large dumpsters, which will be emptied daily, throughout the duration of the event.  Festival staff will empty trash continually throughout each day. 337 SIGNATURE ART EVENT MARCH 2020 THUNDERBIRD ARTISTS EVENT BUDGET THUNDERBIRD ARTISTS INCOME CHARGES/INCOME INCOME (A) ESTIMATED ART SALES = $1,500,000 / ARTISTS' 10% COMMISSION $150,000.00 INCOME (B)TICKET SALES $12.00 or $15 FOR MULTI-DAY PASS / ATTENDANCE 20,000 $252,000.00 INCOME (C) MARKETING SPACE FEES = $375 X 200 ARTISTS $75,000.00 INCOME (D)ZAPPLICATION JURY FEES $40,000.00 INCOME (E)VALET PARKING - MINUTE MAN COMPANY - 40% $42,000.00 INCOME (F)RESTAURANTS/WINE & FOOD - 20%$20,000.00 INCOME (G)MERCHANDISE SALES (T-SHIRTS & BASEBALL CAPS)$5,505.80 INCOME (H)PROGRAM GUIDE ADVERTISING REVENUE $20,712.80 TOTAL INCOME $605,218.60 ADMINISTRATIVE COSTS PROJECT MANAGER/ PRESIDENT / DENISE 8 HOURS PER WEEK AUG THROUGH MARCH, 150 HOURS IN MARCH $15,428.00 ASSISTANT MANAGER / HALEY 8 HOURS PER WEEK AUG THROUGH MARCH, 150 HOURS IN MARCH $10,556.00 CEO / ADV & PROMOTION DIRECTOR - JUDI 8 HOURS PER WEEK AUG THROUGH MARCH, 150 HOURS IN MARCH $18,676.00 LA QUINTA CONSULTANT - KATHLEEN HUGHES 100 HOURS, $75/HOUR $7,500.00 LA QUINTA LIAISON 100 HOURS, $15/HOUR $1,500.00 ZAPPLICATION FEES $1000 Flat Fee + $6.75 fee each additional app over 150 (Based on 1,000 apps)$6,737.50 CONTRACT/OPERATIONAL FEES FACILITY & OPERATIONAL FEE ESTIMATED FEE - WE REQUEST CITY OF LA QUINTA WAIVE $5,000.00 POLICE/SECURITY LA QUINTA PD & PRIVATE SECURITY COMPANY $15,000.00 MUSICIAN COMPENSATION ESTEBAN & THERSA + OTHER BANDS $23,000.00 ADMISSION/CONCIERGE STAFF VOLUNTEERS (T-SHIRTS)$2,091.00 LIABILITY INSURANCE FEE WILL INCREASE WITH AN ADDITIONAL $1,000,000 ADDED $10,961.50 PARKING ESTIMATED FEE - WE REQUEST CITY OF LA QUINTA WAIVE $1,200.00 ARTIST AMENITIES BREAKFAST/BRISTOL FARMS LUNCH/FREE WATER $1,200.00 GROUNDS CREW START SATURDAY (Feb 29th) THROUGH MONDAY (March 9th)$30,000.00 FESTIVAL STAFF 100 HOURS, $15/HOUR $15,000.00 PHOTOGRAPHER TO FILM FESTIVAL FOR VIDEO AND STILL SHOTS ARK PHOTOWORKS $3,500.00 LA QUINTA MIDDLE SCHOOL ART DEPARTMENT DONATIONS $ .50 PER ADMISSION $10,000.00 MARKETING & ADVERTISING 1 338 MEDIA BUYS NEWSPAPER, MAGAZINE,DIGITAL $110,000.00 TV COMMERCIALS / VOICE OVER / STUDIO TIME TELEVISION CHANNELS #2, #3 & #7 $18,550.00 WEBSITE NEW SITE WITH NEW GRAPHICS $2,500.00 GRAPHIC CHARGES MEDIA KIT, FLYERS, POSTERS, TICKETS, ETC. $7,500.00 PRINTING FLYERS, POSTERS, TICKETS, ETC.$3,500.00 ARTISTS NAME BADGES 400 NAME BADGES & INSERTS $970.00 SIGNAGE/SIGN HOLDERS & BANNERS BANNERS, ADMISSION SIGNS, DIRECTIONALS $10,000.00 4.25x 9 PROGRAM GUIDE ASSEMBLAGE/PRINTING GRAPHIC DESIIGNER / PRINTING $7,437.20 POSTCARDS Graphic Designer =$1250, Postcard Mailing/Printing = $5000 $6,250.00 PUBLICITY - SCHEDULED/PR FIRM Publicize This! $5,000.00 SOCIAL MEDIA FACEBOOK, INSTAGRAM, TWITTER $5,000.00 TRAVEL EXPENSES LODGING 8 NIGHT AIRBNB RENTAL ($3200), SINGLE ROOM 10 VISITS ($1827)$6,854.00 MEALS ENTIRE STAFF THROUGHOUT SHOW (8 days)$4,000.00 TRANSPORTATION COSTS MILEAGE/GAS - 6 VEHICLES (570 miles round trip)$9,660.00 SUPPLIES & EQUIPMENT RENTALS GOLF CARTS / 6 LONG-BED & 1 SHORT-BED GOLF CART RENTALS $4,500.00 TENTS/TABLES/CHAIRS - RENTAL BRIGHT PARTY RENTALS $15,000.00 FENCING RENTAL ANDY GUMP $3,400.00 2 LARGE DUMPSTERS / TRASH PICK UP BURRTEC WASTE - CITY OF LA QUINTA HANDLES $1,090.00 RESTROOM TRAILORS 3 LARGE RESTROOM TRAILERS, 2 ADA - ANDY GUMP $14,000.00 GENERATOR/LIGHT TOWERS + FUEL GROUNDS CREW SETS UP $5,500.00 FESTIVAL MERCHANSDISE: T-SHIRTS & BASEBALL CAPS MERCHANDISE FOR SALE $4,849.20 PERMITS & ADDITIONAL FEES CITY PERMIT FEE (WE REQUEST THAT THIS BE WAIVED BY THE CITY OF LA QUINTA)$25,000.00 FIRE PERMIT FIRE TRAINING COURSE RQUIRED PRIOR TO EVENT $200.00 TOTAL EXPENSES $448,110.40 PROFIT $157,108.20 2 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 City of La Quinta CITY COUNCIL MEETING: August 6, 2019 STAFF REPORT AGENDA TITLE: APPROPRIATE FUNDS AND AWARD CONTRACT TO SHARK POOLS FOR CLEANING AND MAINTENANCE SERVICES OF FRITZ BURNS POOL, LA QUINTA PARK WATER FEATURE, AND MISTER SYSTEMS RECOMMENDATION Appropriate $22,900 from the General Fund to Fritz Burns Pool and La Quinta Park Water Feature budgets; Award a Contract Services Agreement with Shark Pools to provide year-round cleaning and maintenance of Fritz Burns Pool, La Quinta Park water feature, and mister systems; and authorize the City Manager to execute the Agreement. EXECUTIVE SUMMARY •On May 7, 2019, Council approved an agreement with Desert Recreation District (DRD) to operate Fritz Burns Pool on a year-round basis. •Prior to this action, Fritz Burns operations only took place in the summer and maintenance requirements were limited to that time of year. •A pool maintenance contractor is now needed to clean and maintain the pool year-round, six-days a week. •In July 2019 the City issued a Request for Proposal (RFP) for cleaning and maintenance of the Fritz Burns pool, La Quinta Park water feature, and the parks’ mister systems; two (2) responses were received. •The contract provides for a five-year initial term with the option to extend for two additional years and includes a 30-day written notice termination clause. FISCAL IMPACT The annual contract cost would be $96,900 or $484,500 for the initial five- year term. Partial funds are available in the Fritz Burns Pool budget (101- 3005-60184) and the La Quinta Park Water Feature budget (101-3005- 60554). To cover the total annual contract cost, $22,900 will need to be appropriated from the 2019/20 General Fund budget surplus (currently $292,300) - $6,940 for the Fritz Burns Pool budget and $15,960 for the La Quinta Park Water Feature budget. BUSINESS SESSION ITEM NO. 2 367 *Current Fritz Burns Pool budget (101-3005-60184) is $159,000, with $100,000 allotted to Fritz Burns Pool contracted operations; requiring $6,940 of additional funding. ** Park Misters will be paid out of La Quinta Park Water Feature budget (101- 3005-60554), requiring $15,960 of additional funding. BACKGROUND/ANALYSIS On December 18, 2018, Council approved opening Fritz Burns Pool for year- round pool operations. On May 7, 2019, Council approved an agreement with Desert Recreation District (DRD) to operate Fritz Burns Pool on a year-round basis. The City is now seeking a pool maintenance contractor that can clean and maintain the pool six-days per week, year-round. The selected pool maintenance contractor would also be responsible for cleaning and maintaining the La Quinta Park water feature and all park mister systems (located at Fritz Burns Park, La Quinta Park, and Adams Park). Shark Pools is currently cleaning and maintaining Fritz Burns pool and La Quinta Park water feature on a month-to-month basis. On July 12, 2019, an RFP for Fritz Burns Pool, La Quinta Park water feature, and parks’ mister systems for cleaning and maintenance was posted on the City’s website. Two proposals were received from Shark Pools and United Pool Maintenance. The selection committee reviewed the qualifications, experience, cost and desired scope of services. Based upon that criteria, the selection committee is recommending Shark Pools. Upon Council approval, contracted pool cleaning and maintenance would begin on September 2, 2019. ALTERNATIVES Council may deny approval of this contract and direct staff to re-advertise for Fritz Burns Pool, La Quinta Park water feature, and parks’ mister systems cleaning and maintenance. Prepared by: Robert Ambriz, Jr., Maintenance and Operations Superintendent Approved by: Chris Escobedo, Community Resources Director Attachment: 1. Contract Services Agreement Shark Pools Annual Service Costs Current FY Budget Fritz Burns Pool $65,940 $59,000* La Quinta Park Water Feature $23,640 $15,000 Park Misters $7,320 -** TOTAL $96,900 $74,000 368 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 Shark Pools, a sole proprietorship (“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 Fritz Burns Pool, La Quinta Park water feature, and parks’ mister systems cleaning and maintenance, 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 ATTACHMENT 1 369 -2- officials, officers, employees, and agents, free and harmless against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against City hereunder. Contracting Party shall be responsible for all subcontractors’ compliance with this Section. 1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be performed, (b) it has investigated the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. Should Contracting Party discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by City, Contracting Party shall immediately inform City of such fact and shall not proceed except at Contracting Party’s risk until written instructions are received from the Contract Officer, 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 370 -3- 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 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 Ninety-Six Thousand Nine Hundred Dollars ($96,900.00) per year for the life of the Agreement, encompassing the initial and any extended terms. (the “Contract Sum”), except as provided in Section 1.7. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Contracting Party’s rate schedule, but not exceeding the Contract Sum, or such other reasonable methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contracting Party at all project meetings reasonably deemed necessary by City; Contracting Party shall not be entitled to any additional compensation for attending said meetings. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if 371 -4- 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. 372 -5- 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 September 2, 2019, and terminate on June 30, 2024 (“Initial Term”). This Agreement may be extended for two (2) additional years 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)Jesus Lugo, Owner Tel No. (760) 347-2079 E-mail: Shark_poolsnspas@yahoo.com 373 -6- 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 Robert Ambriz, Jr., Maintenance and Operations Superintendent, 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 374 -7- required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision, or control of Contracting Party’s employees, servants, representatives, or agents, or in fixing their number or hours of service. Contracting Party shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contracting Party in its business or otherwise or a joint venture or a member of any joint enterprise with Contracting Party. Contracting Party shall have no power to incur any debt, obligation, or liability on behalf of City. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Except for the Contract Sum paid to Contracting Party as provided in this Agreement, 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 375 -8- forth herein. Contracting Party represents that the Services required herein will be performed by Contracting Party or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services. 4.6 City Cooperation. City shall provide Contracting Party with any plans, publications, reports, statistics, records, or other data or information pertinent to the Services to be performed hereunder which are reasonably available to Contracting Party only from or through action by City. 5.INSURANCE. 5.1 Insurance. Prior to the beginning of any Services under this Agreement and throughout the duration of the term of this 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 376 -9- 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 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 377 -10- its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contracting Party will be at City’s sole risk and without liability to Contracting Party, and Contracting Party’s guarantee and warranties shall not extend to such use, revise, or assignment. Contracting Party may retain copies of such Documents and Materials for its own use. Contracting Party shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contracting Party fails to secure such assignment, Contracting Party shall indemnify City for all damages resulting therefrom. 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. 378 -11- 7.7 Confidential or Personal Identifying Information. Contracting Party covenants that all City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussion notes, or other information, if any, developed or received by Contracting Party or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contracting Party to any person or entity without prior written authorization by City or unless required by law. City shall grant authorization for disclosure if required by any lawful administrative or legal proceeding, court order, or similar directive with the force of law. All City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussions, or other information shall be returned to City upon the termination or expiration of this Agreement. Contracting Party’s covenant under this section shall survive the termination or expiration of this Agreement. 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 379 -12- invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default. 8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contracting Party in the performance of the Services required by this Agreement. 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. City’s consent or approval of any act by Contracting Party requiring City’s consent or approval shall not be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contracting Party. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 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. 380 -13- 8.8 Termination for Default of Contracting Party. If termination is due to the failure of Contracting Party to fulfill its obligations under this Agreement, Contracting Party shall vacate any City-owned property which Contracting Party is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.2, take over the Services and prosecute the same to completion by contract or otherwise, and Contracting Party shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Contracting Party for the purpose of setoff or partial payment of the amounts owed City. 8.9 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the 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 381 -14- 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 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: Robert Ambriz, Jr. 78495 Calle Tampico La Quinta, California 92253 To Contracting Party: SHARK POOLS Attention: Jesus Lugo 82-253 Highland Drive Indio, California 92203 382 -15- 10.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 10.3 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument 10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, 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 383 -16- effective at the time City renders final payment to Contracting Party without further acknowledgment of the parties. 10.9 No Third-Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 10.10 Authority. The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] 384 385 Exhibit A Page 1 of 5 Last revised summer 2017 Exhibit A Scope of Services 1.Services to be Provided: Fritz Burns Pool, La Quinta Park water feature, and parks’ mister systems cleaning and maintenance. •Fritz Burns Pool: recreation pool and wading pool located at 78060 Frances Hack Lane, La Quinta. •La Quinta Park: water feature/splash pad located at 79120 Blackhawk Way, La Quinta. •Adams Park: mister station (west side of playgrounds) located at 44425 Adams Street, La Quinta. •Fritz Burns Park: pool misters (on poolside canopies) and four (4) spray heads (between playground and pickleball courts) located at 78080 Frances Hack Lane, La Quinta. •La Quinta Park: mister station (north side of park along walkway) located at 79120 Blackhawk Way, La Quinta. 2.Performance Standards: [See Attached] 386 Addendum to Agreement Re: Scope of Services 387 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 388 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 389 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 390 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. 391 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 Ninety-Six Thousand Nine Hundred Dollars ($96,900) (“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. • Fritz Burns Pool annual service cost = $65,940; monthly payments of $5,495 • La Quinta Park Water Feature annual service cost = $23,640; monthly payments of $1,970 • Parks’ Misters Systems annual service cost = $7,320; monthly payments of $610 392 Exhibit C Page 1 of 1 Exhibit C Schedule of Performance Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, in accordance with the Project Schedule, attached hereto and incorporated herein by this reference. Fritz Burns recreation pool and wading pool are to be serviced twice a day, 6 days per week (Monday thru Saturdays). Full pool cleaning/maintenance service must be completed no later than 7:00am every day. Pool water testing, pool chemical adjustments, and light pool cleaning must be completed between 12:00pm – 1:00pm every day. La Quinta Park water feature/splash pad is to be serviced 6 days per week, Monday thru Saturdays during the summer season (May 1 – October 31). Water feature hours are 8:00am – 7:00pm during the summer season, so service must be completed no later than 8:00am every day. La Quinta Park water feature/splash pad is to be serviced 2 days per week during the non-summer season (November 1 – April 30). Parks’ mister systems preventative maintenance includes annual service of nozzles, filters, pumps, and all system plumbing. Full list of annual maintenance tasks included in Exhibit A of this Agreement. 393 Exhibit D Page 1 of 1 Exhibit D Special Requirements None. 394 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 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. 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 395 Exhibit E Page 2 of 6 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. 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. 396 Exhibit E Page 3 of 6 c. Terminate this Agreement. Exercise of any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party’s failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party’s or its subcontractors’ performance of work under this Agreement. E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party: 1. Contracting Party agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party’s employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 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. 397 Exhibit E Page 4 of 6 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. 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. 398 Exhibit E Page 5 of 6 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 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 399 Exhibit E Page 6 of 6 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. 400 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 401 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 402 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. 403 404 City of La Quinta CITY COUNCIL MEETING: August 6, 2019 STAFF REPORT AGENDA TITLE: APPROPRIATE FUNDS TO LEASE A NEW PUBLIC WORKS MAINTENANCE TRAILER FROM PACIFIC MOBILE, INC. RECOMMENDATION Appropriate funds in the amount of $166,000 to lease a new public works trailer from Pacific Mobile and purchase new office furniture; and authorize the City Manager to execute the lease. EXECUTIVE SUMMARY •In 2019, the City Council directed staff to move forward with and identify a plan for a new corporate yard and facility, which will require the use of a temporary building structure for corporate yard staff. •The current Public Works maintenance trailer is 32 years old and has reached the end of useful life. •Staff researched options to lease or purchase a new trailer while the Corporate Yard improvements are underway, and recommend Council approve a lease agreement with Pacific Mobile (Pacific) in the amount of $166,000. •Quotes were received from three companies – Design Space Modular Buildings, Mobile Modular, and Pacific. FISCAL IMPACT The lease would require the appropriation of funds from Facility and Fleet Fund Reserves (currently at $3,000,000) to account no. 502-0000-71032 in the amount of $166,000*/** for 2019/20. The lease amount is $2,840 per month ($34,080 annually) and the trailer would be received in October 2019. If needed, the lease may be extended at the end of the two years at the same monthly rate. There is an additional cost to remove the trailer at the end of the lease, this cost is based on the rate in effect at the end of the lease , and it is anticipated to be up to $20,000. Lease payments after June 2020 and the removal (if needed) will be budgeted in future fiscal years. BUSINESS SESSION ITEM NO. 3 405 Lease Purchase Installation Costs/Purchase Price $52,878* $234,050 24-Month Lease 59,520** N/A Utilities (Disconnect/Reconnect) 50,000* 50,000 Security & IT 15,000* 15,000 Removal of Unit 20,000 N/A Contingency 22,500* 22,500 Total $219,898 $321,550 *Fully included in budget request. **Nine months of lease ($25,560) included in budget request (October 2019- June 2020). $34,080 for 2020/21 would be included in next year’s budget. BACKGROUND/ANALYSIS In 2019, The City contracted with Gillis & Panichapan, Architects, Inc., to conduct a space plan for the corporate yard and a concept building plan, with the intent to construct a new corporate yard building. At that time, it was determined that the existing public works trailer had reached the end of its useful life and is currently in need of significant repairs. Staff determined that a leased trailer would provide a temporary solution to replace the aged trailer at a reasonable cost and time frame until a permanent building is in place. Staff solicited bids from three vendors – Design Space Modular Buildings, Mobile Modular, and Pacific, and after an extensive review recommends a lease with Pacific. Pacific provides a quality product that will accommodate the needs of the City , currently 12 staff members are based out of the existing trailer. The floor plan (Attachment 1) can accommodate up to 18 staff members, includes six offices, a kitchen and breakroom, two restrooms, and an optional conference room (Attachment 2). Pacific was the only vendor that offered to dismantle and remove the existing trailer at no cost to the City (estimated at $49,000), included in the lease agreement (Attachment 3). The lease is an operational lease, meaning should the City decide to purchase the trailer at the end of the lease, the purchase price would be $234,050, and the previous lease payments would not be credited towards the purchase price. Staff does not recommend this option, as there has not been a long -term use identified for this building and it would be subject to additional costly relocation and utility hook-up connections at any potential site. 406 ALTERNATIVES The City could purchase the new trailer from Pacific at a cost of $321,550, or Council could deny this request, and direct staff to seek other alternatives. Prepared by: Dianne Hansen, Interim Management Analyst Alfred Berumen, Management Analyst Approved by: Gil Villalpando, Acting Facilities Director Attachments: 1. Floor Plan 2. Removal Form 3. Lease Agreement 407 408 DATE: 7-16-2019SCALE: 1/8" = 1'PACIFIC MOBILE STRUCTURES, INC.951-784-8990DRAWN BY: MichaelThis drawing is the property of Pacific Mobile Structures, Inc. and may not be duplicated without prior approval. 36' x 60' OFFICE WITH RESTROOM - CA REGION Stock Plan10' Base and UpperATTACHMENT 1ATTACHMENT 1 409 410 July 1, 2019 Attn: Baxter Regarding the used mobile building for sale referenced as: (1) 36 x60 mobile office We will offer to purchase the referenced building above for our removal, tear down, and fleet integration costs only. This offer does not include any monetary value. We will include the following services in our scope of work: •We will disassemble the building, remove and dispose of blocking and steel piers, remove from foundation, and prepare all floors for safe transport. •We will remove all seismic Anchors and tie downs. •We will handle skating and or rolling away from the existing decking, if required to carefully remove each building from your site. •We will handle transportation, permits, and pilot service required for removal from your site. •We will reinstall the axles, tires, and tow bar (this includes the purchase of missing items such as tires and axles) •We will complete the title transfer process through the State of CA Department and handle the transfer fees with a power of attorney form. Not included: •Any utility disconnections. (Electrical, plumbing, fire sprinklers, phone, alarm, data, etc.) All disconnections to be completed prior to dismantle crew arriving on site. •Removal of any sidewalks, any concrete pads/footings, or any attachments to the mobile building, such as porches, decks, etc. that are not already noted in the above inclusions. •The removal/ install of Site built chain link fencing. •Back fill of any pits, holes, or repair to landscape/sprinklers, concrete, or other surfaces. •Emptying detached contents within the building or clearing the site for access to the building. We have the right to withdraw our offer should the condition of the mobile building not be as represented upon removal, or should the offer be accepted after 30 days and we no longer have an interest in this building. This offer is pending proof of a clear and clean title with current and up to date registration. All paperwork (license, registration, title, etc.) must be properly available, to complete the HCD title transfer process. Sincerely, Sam Rivera Regional Operations Manager 209‐846‐7291 Direct Offer Accepted: Signature: _____________________________________________ Print Name: __________________________________________ ATTACHMENT 2 411 412 Item No.Description Qty Price Tax Total 13-100 1 $147,357.00 $12,893.74 $160,250.74 01-940 1 $8,981.00 $785.84 $9,766.84 02-130 86 $18.00 $135.45 $1,683.45 02-140 1 $9,875.00 $0.00 $9,875.00 02-430 1 $975.00 $85.32 $1,060.32 02-140 3 $292.50 $0.00 $877.50 02-140 12 $220.00 $0.00 $2,640.00 06-140 1 $4,992.00 $0.00 $4,992.00 05-130 1 $12,978.00 $1,135.58 $14,113.58 05-140 1 $1,181.00 $0.00 $1,181.00 09-640 1 $5,670.00 $0.00 $5,670.00 02-230 1 $18,789.00 $1,644.04 $20,433.04 01-440 1 $750.00 $0.00 $750.00 01-160 1 $750.00 $0.00 $750.00 New Modular Building - Size Transportation Steel Pier Foundation Material Block & Level Modline Materials Running Gear - Removal Provide and Install Seismic Piers Skirting - Provide & Install New ADA Ramp Deliver & Install ADA Ramp Flooring - (Provide & Install) 200 LF Int. wall w/ 10' Upper and Lower Cabinets Foundation Plans Registration & Title Fee Sub Total $217,363.50 Sales Tax $16,679.97 Total Due $234,043.47 Project Description: The quotation is good for 30 days and is limited to availability of stock on hand. Please schedule as soon as possible to secure your preferred delivery date. By signing below the Customer named below agrees to the conditions outlined in Pacific Mobile’s Terms and Conditions. michael.thompson@pacificmobile.com Project quotation #Q006864 7/18/19Date: Michael Thompson Cell: Direct: 951.816.0977Company:City of La Quintaal Site: 78495 CALLE TAMPICO, LA QUINTA, CA 92253-2839 78495 CALLE TAMPICO, LA QUINTA, CA 92253-2839 City of La Quinta ATTACHMENT 3 413 COPYRIGHT © 2016, PACIFIC MOBILE STRUCTURES, INC, ALL RIGHTS RESERVED ADDITIONAL TERMS AND CONDITIONS 1.AGREEMENT The essence of the contract set forth on the face page of this Agreement is that Pacific Mobile Structures, Inc. (“Seller”) agrees to provide and deliver the specified mobile/modular building(s) and related equipment (Property); and, in exchange, Buyer will fulfill the specified payment terms. Seller and Buyer’s signatures acknowledge the following terms and conditions have been reviewed and are also part of this Agreement. 2.PAYMENT FINANCING Buyer agrees to indicate in writing (under the payment terms on the face page of this Agreement) if Buyer’s purchase is subject to financing. Buyer agrees that representing in bad faith or without a reasonable basis that financing is forthcoming from a third-party is deemed a breach of this Agreement and will subject Buyer to the default clause remedies set forth below. If Buyer makes a good faith and reasonable representation but is unable to ultimately obtain third-party financing sufficient to satisfy the payment terms, Buyer agrees that Seller has the option to extend reasonable financing terms and Buyer will be obligated to enter into a retail installment contract and sign a security agreement or other agreement as may be required for Seller to finance Buyer’s purchase. 3.DEFAULT AND REMEDIES Buyer is in material default and breaches this contract if Buyer: (1) fails or refuses to timely make the agreed upon payments; or, (2) delays the Seller’s delivery or services over 30 days; or (3) otherwise fails to satisfy the Agreement terms and conditions. If Buyer defaults, Seller may cancel this contract; and/or repossess its Property; and/or retain a portion of any payments already made by Buyer, sufficient to adequately compensate Seller for expenses or losses caused by Buyer’s default. If Seller has canceled the contract, or if Buyer has committed a material breach, then Buyer cannot thereafter claim to be canceling the contract and be entitled to a return of any payments already made by Buyer until Seller has had a reasonable opportunity to account for and deduct any damages (including costs incurred up to the time of cancellation) owed from any payments already made by Buyer. If Buyer has not made any payments or made payments that are insufficient to cover all losses, Seller will take other collection action (including legal). If repossession is necessary, Buyer will be liable for all repossession costs. 4.SITE CONDITIONS Buyer/Owner is aware that the delivery site must be dry, compacted level and accessible for industry standard maneuvering by normal mobile/modular truck tow. If the site’s condition reasonably prevents delivery, then the extra costs for equipment, labor and down time to remedy the situation are the Buyer/Owner’s responsibility and will be addressed by change order. 5.SCHEDULE; DELAYS; INCREASE IN PRICE AND/OR TIME; STORAGE Delivery and any setup work will begin and be substantially completed on the dates set forth on the face page of this agreement and/or in an addendum modifying the dates. However, delays may occur due to unforeseen circumstance beyond Seller’s control, including, but not limited to: extreme weather conditions; fire; transportation delays; unavoidable accidents or circumstances; unacceptable site conditions; Buyer’s acts or omissions. Excusable delays do not subject Seller to penalties or damages. In reasonable instances, Seller may modify the Contract price to reflect additional incurred expenses and/or modify the Schedule to account for delays. If Buyer delays delivery, a pro-rated monthly storage fee at a rate of $0.20 per square foot of each floor will be assessed. If space is unavailable, Buyer must either transport to an alternative site or Seller will do so unilaterally and pass the expense to Buyer. 6.CHANGES Seller may add to or deduct from the amount of work covered by this Agreement, and any changes so made in the amount of work involved, or any other parts of this Agreement, shall be by a written change order hereto setting forth in detail the changes involved and the value thereof which shall be mutually agreed upon between the Seller and the Buyer. 7.TAXES Buyer shall be solely responsible for filing the appropriate federal, state and local tax forms, and paying all such taxes or fees, including sales taxes, estimated taxes and employment taxes, due with respect to Buyer’s purchase under this Agreement. 8.TITLE AND RISK OF LOSS Ownership title to the Property shall pass to Buyer when the purchase price is paid in full. However, Buyer assumes and bears the risk of Property loss the moment the Property is delivered to the Buyer’s site. It is Buyer’s responsibility to arrange with Buyer’s insurance representative adequate and timely insurance coverage. Buyer waives any claims against Seller relating to risk or loss after delivery, even if Buyer’s insurance is not yet effective. The sole exception to the above is that any loss caused by Seller’s operations during delivery and/or any agreed upon set-up will be covered to the extent it falls within Seller’s CGL insurance policy coverage. 9.INDEMNITY, INSURANCE AND WAIVER OF SUBROGATION Buyer/Owner shall be responsible for obtaining and maintaining its own liability and property insurance. Seller/Contactor agrees to defend, indemnify and hold harmless Buyer/Owner from claims for bodily injury and property damage caused by Seller’s negligence. However, this indemnification is contingent upon Seller’s CGL insurer providing coverage and is limited to the amounts paid by Seller’s CGL insurer. Buyer/Owner agrees to defend, indemnify and hold harmless Seller/Contractor and its Subcontractors from claims for bodily injury and property damage caused by the negligence of Buyer/Owner and its agents. Buyer/Owner and Seller/Contractor waive all non-trustee rights against each other for damages caused by risks covered by insurance. 10.WARRANTIES Used units are sold “As Is.” Buyer is not relying on any written, oral, implied or other representations, statements or warranties by Seller or any of Seller’s affiliates, or any of Seller’s respective agents, officers, representatives, or otherwise. Seller specifically makes no representations, express, implied, statutory or otherwise, with respect to the unit being purchased, its current condition, or its fitness or suitability for any particular use or purpose. 11.DISPUTE RESOLUTION The parties shall first endeavor to settle disputes through informal direct discussions. If unsuccessful, any party may serve a written Notice requesting resolution that: explains the dispute in detail and provides all supporting evidence; and appoints a senior representative to negotiate the Dispute on its behalf. Buyer must serve such Notice to Seller’s corporate office. If unsuccessful, the parties may seek non-binding mediation. Lastly, either party may submit the Dispute to the American Arbitration Association for arbitration. 12.ATTORNEY FEES; COLLECTION FEES; LIMITATION OF LIABILITY Seller/Contractor is entitled to recover reasonable pre-judgment and post judgment interest and other collection expenses, including attorney fees, incurred if Buyer/Owner defaults on payments. Except for collection, arbitration or litigation actions, remedies shall be limited to direct out of pocket costs, unless noted otherwise herein. 13.SAFETY Buyer/Owner shall assure, insofar as is reasonably possible, safe and healthful site conditions, including, but not limited to: assuring Buyer’s site complies with all applicable health, safety and environmental laws; and, assuming supervisory responsibility and function of all non-construction related parties on site during delivery and any set-up. Buyer/Owner shall be solely liable and responsible for any safety violation or deficiency. 14.GENERAL This Agreement: (a) contains the entire Agreement between the parties and supersedes any and all other documents or information exchanged; (b) shall not be assigned or transferred in any manner by the Buyer without the prior written consent of the Seller/Contractor; (c) may be modified only in a writing signed by both parties; (d) shall be governed by Washington State law and, if necessary, litigated in Washington State, either, in King, Thurston or Lewis Counties at Seller’s discretion; (e) the failure to insist on the performance of any part(s) of this Agreement, or to exercise any rights, shall not be construed as a waiver or relinquishment of such term, covenant or condition or right; and, (f)if any part of this Agreement, its Addendum or other related documents are found to be unenforceable, the remaining parts shall still be in full force and effect. This Agreement may be executed and delivered via facsimile or other electronic means, with the same effect as the original. 15.FOR USED SALES ONLY: Notification of Assignment of Rights - Relinquished Property You are hereby notified that Pacific Mobile Structures, Inc. has assigned to Pacific Mobile Structures Exchange, LLC, as its qualified intermediary, its rights, but not its obligations, under this sale agreement with you for purposes of effecting a deferred Like-Kind Exchange under section 1031 of the Internal Revenue Code of 1986, as amended, and the applicable regulations. This notice is intended to comply with the requirements of Treasury Regulation Section 1.1031(k)-1(g)(4)(v). In Acceptance, Initials _______ Page 2 of 2 - Purchase Agreement (Rev. 5/16 414 Exceptions / Clarifications: Performance & payment bonds not included. Obtaining required County/City building permits, fees, and inspections not included. Customer site must be dry, compacted, level, and accessible by normal truck delivery. All costs to skate manually, crane, or forklift the building into position would be an additional cost. Delivery does not include any special delivery permits, pilot cars, police escorts, or flagman. Any special site required escorts, safety meetings, or other site related down-time would be an additional cost. Extra trip charges may incur if customer decides to stop work on site. Modular building does not include any fire rating, alarm, detector, or sprinkler system. Site improvements not included (fence, landscape, sidewalk, parking, lighting, etc.). Site survey or soils testing not included. Preparation of modular building pad not included (Minimum of 1,500 PSF required, and +/- 6" grade difference assumed). Any special site testing requirements would be an additional cost. All utility connections to modular building are not included. (Electrical, water, sewer, etc.). All horizontal sewer lines under modular building floor not included. All low voltage wiring, devises, panels, and monitoring not included. Site security, temporary toilets, or garbage dumpsters not included. Proper site drainage or SWPPP plan not included. Ramping assumes the ramped door can be set at 36" above grade, and entrance to ramp is 36" grade difference from threshold. ADA ramp final transition to grade not included. Stand-alone step access will meet OSHA requirements, but ADA compliant steps are optional at an additional cost. Covered entrances or roof gutters are not included, but can be at additional cost. Refer to attached floor plan & elevations for further clarification. Quote good for 30-days Customer Authorized Representative Initials Page 2 of 3 - Purchase Agreement 415 36x60 Rental Costs Per Month QTY 36x60 Office w/RR Rental Office w/R Building Rental Rate 1 $2,526.00 Rental - Sublease Ramps 1 $304.00 Rental - OSHA Step 1 $10.00 Total Monthly Charges $2,840.00 Installation Costs Set, Install - Tiedown 12 $2,640.00 Set, Install - Skirting 1 $4,992.00 Set, Install - ADA Ramp 1 $1,181.00 200 LF int. wall w/ 10' Upper and Lower Cabinets 1 $18,789.00 Provide and Install VCT flooring 1 $5,670.00 Set, Install - Standard 1 $9,875.00 Engineering - Foundation 1 $750.00 Delivery - Freight 1 $8,981.00 Total Startup Charges $52,878.00 Removal Costs Break, Remove - Tiedown 12 R.I.E. Break, Remove - Skirting 1 R.I.E. Break, Remove - Standard 1 R.I.E. Return - Freight 1 R.I.E. Total end of Lease Charges Rate in effect at end of lease term. michael.thompson@pacificmobile.com Customer responsibilities: Site preparation, all connection to utilities such as water/sewer, electrical, phone/data, fire alarms/sprinklers, building permits and permit fees. Insurance certificate that meets requirements for general liability and property damage will be required before delivery. Please Note: Pricing does not include applicable taxes, ADA ramp access, prevailing wages, removal of axles/hitches, transport pilot cars and permits (unless otherwise noted). If site is not dry, compacted, level and accessible by normal delivery truck, there may be additional trip, labor, and equipment charges. Building pad needs to be a minimum of 1,500 PSF and no more than 6” grade difference. Extra trip charges may occur if customer decides to stop work in progress. Quote is good for 30 days and is limited to availability of stock on hand. Please schedule as soon as possible to secure your preferred delivery date. Provide two weeks’ notice prior to the return of the building. Payment is due upon receipt of the first invoice. Rental Quotation #Q006946 7/18/2019Date: Michael Thompson 951.816.0977Cell: Direct: 951.784.8990Site: 78495 CALLE TAMPICO, LA QUINTA, CA 92253-2839 City of La QuintaCompany: City of La Quinta 78495 CALLE TAMPICO, LA QUINTA, CA 92253-2839 Term: 24 Months 416 1. Lease – This transaction is a lease and not a sale. The terms of the lease are set forth in the Lease Agreement. Additional terms and details are set forth in the subject terms and conditions. Renter does not acquire through this Lease or by payment of rental amounts, any right, title or interest in leased equipment. Renter acknowledges that the leased equipment is personal property and shall not, at any time, constitute real property, an improvement thereon or a fixture. 2.Access/Site Conditions/Utility Service – Renter shall provide free and clear access for delivery and return of leased equipment by standard mobile transport vehicles. Renter shall provide firm and level ground on no more than six-inch slope from one end to the other for safe installation of the leased equipment. Site selection is the sole responsibility of Renter and PMSI shall have no liability for determining the adequacy of any site. Furthermore, PMSI solely reserves the right, for any reason, to refuse to release delivery to any site it deems inadequate for use or installation. Renter shall be responsible for obtaining any permits required to install and operate the equipment. Renter shall provide at Renter’s expense adequate electrical power, water and other utility services with proper connection to leased equipment. 3.Other Fees, Expenses and Taxes – In addition to the rental payments provided for herein, Renter shall pay all expenses, fees, charges, and fuel surcharges incurred in connection with the leased equipment during its delivery, use and recovery. Additional charges include, but are not limited to, the following instances: (1) where travel permits and/or pilots are required for delivery; (2) where the delivery site is not a level, compacted and accessible site; (3) where tie downs are required - if the tie down option is not taken, Renter assumes liability; (4) where alternate steps are needed (temporary step furnished but steps may not meet all local codes). In addition, return costs are to be at the prevailing rate at termination of lease, thus they are subject to change depending on special circumstances such as fuel costs and delivery routes. Sales tax is not included in the return freight deposit and will be billed on the final invoice. Renter also agrees to pay any fines, servicing costs, sales taxes, use taxes, personal or real property taxes and other use taxes, and all assessments and other governmental charges whatsoever payable on Renter’s use, possession, rental, shipment, transportation, delivery or operation thereof. An early termination fee may be assessed if lease is cancelled prior to the term end date. 4.Delivery by PMSI / Location and Return of Leased Equipment – PMSI shall not be liable to Renter for any failure or delay in delivering the leased equipment. By taking delivery thereof Renter acknowledges that the leased equipment is in good working condition, free of any physical defect or damage, and is fit for the purpose for which it is leased. Further, the leased equipment shall remain at the delivery site until the termination of this lease, at which time PMSI shall pick up the leased equipment. The leased equipment shall not be moved without PMSI’s prior written consent. Two weeks’ notice is required prior to equipment return date. 5. Lawful Use, Assignment, and Subletting – Renter shall use or permit the use of the leased equipment only for lawful purposes and operate in compliance with all laws. If the leased equipment is used by any party in association with unlawful activity prior to it being returned to PMSI, Renter agrees to reimburse PMSI upon demand for any and all incidental costs PMSI incurs, including, but not limited to, time and cost expenses associated with participating in governmental administrative or law enforcement processes, attorney fees, and remedial costs. Renter shall not assign, transfer, sublet, or in any way assign its rights hereunder, and shall not pledge, permit to be liened, mortgage, or otherwise encumber its rights or interests hereunder. All third-party claims of possession, interest or ownership outside those of PMSI’s or the Renter, as stated herein, shall be deemed invalid. 6. Insurance – Renter, at its expense, will obtain and keep in force Property damage insurance-special form, replacement cost coverage, with PMSI added as loss payee, ATIMA. Renter will also indemnify PMSI with respect to all liability in accordance with the provision of Paragraph 9 and provide general liability protection in the amount of $1,000,000 each occurrence listing PMSI as additional insured. If Renter shall fail to produce the required property insurance coverage certificate within ten (10) days from the commencement of the Lease, they are automatically opted into the Property Damage Waiver Program referenced in Section 7 until proof is presented. 7. Property Damage Waiver Program Option – Renter’s participation in the Property Damage Waiver program relieves the requirement that Renter provide PMSI with a property damage insurance certificate, as required in the preceding Insurance paragraph. However, general liability insurance still needs to be submitted per the prior paragraph’s requirements. Moreover, the waiver fee is not an insurance policy, as Pacific Mobile in not an insurance company. The waiver is specifically for the unit listed and solely limits the customer’s property liability in regard to fire, theft, vandalism and malicious mischief. The following limitations also apply: The Renter is responsible for a $2,000 property damage deductible, per unit/per loss occurrence. The waiver fee only covers the unit itself, and Renter is responsible for insuring the contents. The waiver does not apply if the property damage is caused by any of the following: acts of God (earthquake, seismic activity, high winds, hurricane, tornado, flood), acts of terrorism, building contents, damages caused by Renter or its employees, collision damage from vehicles and other equipment, collision damage while being transported or moved, abuse or neglect by Renter. The responsibility for property damage due to these perils is on the Renter. Cancellation: Either party can cancel the waivers with 10 days prior written notice. If the waivers are canceled, the customer must provide insurance. The waiver fees must be paid in order for this option to be valid. If the customer fails to pay their rent or the waiver fees the waivers are terminated automatically. Claims: Must be reported by fax or email within 48 hours of their occurrence for the Property damage waiver to be valid. 8. Accidents or Claims – Renter shall within 24 hours after any property damage or casualty event involving the leased equipment notify PMSI by telephone, and within 48 hours notify PMSI in writing. Said report shall state the time, place, and nature of the event, the damage sustained, the names and addresses of persons involved, persons injured and witnesses, and any other information relating to said event and it shall promptly forward to PMSI all correspondence, notices or documents received in connection with any claim or demand relating to the leased equipment or its operation, and shall aid in the investigation and defense of all such claims and demands. Nothing herein shall be deemed to modify the provisions of the paragraph herein in which Renter holds PMSI harmless and indemnifies PMSI against all these matters, and PMSI shall have no responsibility to take any action whatsoever in the event of such casualty. 9. Non-Liability of PMSI and Indemnification – Unless caused solely by PMSI’s negligence, PMSI shall not be liable to Renter for any loss, damage, or expense of any kind or nature caused directly or indirectly by the leased equipment or by the use, maintenance, operation, handling or storage thereof, or for the loss of Renter’s business or damages whatsoever or howsoever caused. Renter does hereby indemnify PMSI and holds PMSI, its agents and employees harmless from any and all losses, damages, claims, demands, or liability of any kind whatsoever, including legal expenses and attorney’s fees arising from the use, condition or operation of the leased equipment. 10. Maintenance, Damage and Destruction – Renter shall at Renter’s own expense at all times keep the equipment in good and efficient working order, condition and repair and shall maintain thereon such identification of ownership as PMSI may require. PMSI will maintain and make any repairs required from normal use to the roof, doors, windows, light fixtures, heating, ventilating and air conditioning systems, except that Renter shall replace heating, ventilating and air conditioning filters and burnt out lamps as required and pay for any damage caused by the Renter. Renter shall bear the risk of damage, theft or destruction of the leased equipment from every cause, except as outlined in paragraph 7, if selected, and shall make all replacements, repairs or substitution of parts of equipment thereon at its expense, all of which shall constitute Renter’s obligatory maintenance of the leased equipment. If Renter does not adequately maintain the equipment or adequately repair any damage for which Renter is responsible, PMSI shall have the option to perform the maintenance or repair at Renter’s expense. Renter shall at its expense provide adequate janitorial service to keep the leased equipment in good condition, fair wear and tear excepted. On termination of this lease, the leased equipment shall be returned to PMSI in the same condition as when delivered, fair wear and tear excepted. 11. Inspection by PMSI – PMSI may inspect the leased equipment at any reasonable time, and may post any notice of non-responsibility or interest protecting notice. 12. Default – Renter defaults on this Agreement if Renter fails to: make timely payment of any rent installment or other amount due and payable; or, comply with the other terms, covenants, or conditions herein. Default also occurs if Renter or its creditors files for relief under any bankruptcy or similar debtor relief law, or if Renter assigns for the benefit of creditors, or if a receiver is appointed to take possession of any assets of Renter. Upon default, PMSI may at its option immediately terminate Renter’s right to possession of the leased equipment by giving written notice to Renter. This right is not limited in instances where the unit is being used as commercial office space or for any other commercial purposes. Renter agrees that the essence of this Agreement is that PMSI is leasing equipment. Renter’s use of such equipment as commercial office space or other commercial use is incidental. The leased equipment shall remain personal property regardless of its use or manner of attachment to realty and real property laws do not apply to this Agreement. Upon PMSI’s written notice of default to Renter, Renter agrees that the leased equipment shall be surrendered to PMSI and PMSI may take possession thereof by entering upon Renter’s premises without further notice of repossession. Upon repossession, PMSI shall retain all rents and any other amounts paid by Renter hereunder. Repossession by PMSI or the surrender of the leased equipment to PMSI shall not affect the right of PMSI to recover from Renter any and all damages which PMSI shall have sustained by reason of Renter’s breach. PMSI reserves the right to (a) relet the leased equipment and apply any net proceeds as an offset to any unperformed Renter term, or (b) sell the leased equipment and apply the net proceeds as appropriate under the circumstances to Renter’s unperformed financial obligations, or (c) cancel and terminate the lease. In addition to any other remedies provided for herein, PMSI may recover from Renter the worth at the time of the termination of the lease the unperformed value of the lease. 13. Renter’s Possession on Termination – If Renter retains possession of the leased property beyond the term expiration date without proper written renewal notice, PMSI shall have the option of (i) repossessing its property at any time without notice or (ii) deeming this Agreement renewed as a month to month tenancy. 14. Attorney’s Fees, Collection Fees, Costs, Interest – If Renter defaults on this Agreement, PMSI shall be entitled to recover from Renter all items of damages, costs and expenses, including court costs and reasonable attorney’s fees, incurred by PMSI to enforce its rights and remedies hereunder. PMSI shall also be entitled to interest on delinquent payments at the maximum rate permitted by law. 15. Miscellaneous – This Lease shall be construed and interpreted under the laws of the state of California. All signed copies shall constitute duplicate originals. 16. Notices – All notices required under the terms and provisions of this Lease shall be in writing and shall become effective three (3) days following mailing if mailed by US certified mail, or upon receipt if given in any other manner, addressed to Pacific Mobile Structures at PO Box 1404, Chehalis WA 98532, and to Lessee set forth on the face page hereof, or at such other address as either party my designate in writing. The payment remittance address is to Pacific Mobile Structures at PO Box 24747, Seattle WA 98124. Lease Agreement Terms and Conditions This is an agreement between Pacific Mobile Structures, Inc. (PMSI) and Renter 417 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBRWVDADDLINSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCEDAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY Enter Policy Number Insurance Agent/Broker Name Insurance Agent/Broker Street Address or P.O. Box City, State, and Zip Code Contact and Phone Number Customer Name Customer Street Address or P.O. Box City, State, and Zip Code Month/Date/Year Name of Insurance Name of Insurance Company (if applicable) Name of Insurance Company (if applicable) Enter NAIC # Enter NAIC # Enter NAIC # x x x Enter Policy Number Enter Effective Date Enter Expiration Date 1,000,000 100,000 N/A 1,000,000 2,000,000 1,000,000 Other: Property, Equipment, Inland Marine, etc. All rental and lease equipment, which shall include all mobile office and storage containers, as provided by written contract with lessor/lessee loss payee Enter Effective Date Enter Expiration Date Insurance Coverage Limits Pacific Mobile Structures, Inc. is named as additional insured for general liability and loss payee on any and all, current and future, leased mobile units and equipment. Pacific Mobile Structures, Inc. Attn: Franci Wolf P.O. Box 1404 Chehalis, WA 98532 Phone: 360.345.1576 Fax: 360.748.0578 insurance@pacificmobile.com A Sample CertificateV1 03.19.19 418 Billing Address: Purchase Order # Preferred Delivery Date AM PM Job/Site Name Address Site Condition (Circle One) Dirt/Grass Asphalt Concrete Gravel Contact Other Cell # ( ) Site Condition ( Circle one) Alt Phone # ( ) Level Unlevel Site is accessible for standard Delivery? Yes No (must have 14' Clearance for standard buildings ) If no, explain: Will we need to roll the building sideways or nose it into correct position at site? Yes No If yes, explain Set Up on unleveled site(s), rolling, tie downs or skirting which includes additional labor and/or material will be an additional charge to lessee. Optional (Additional charges will apply) Ramp Yes No Desk Y Qty Security Bars Yes No Rolling Chair Y Qty Door Bars Yes No Folding Chair Y Qty Folding Table Y Qty File Cabinet 2 Drawer Y Qty File Cabinet 4 Drawer Y Qty Plan Table Y Qty Billing Fax # DELIVERY INFORMATION Billing Phone # Southern California Branch Ask for $ Ask for $ If Unlevel , Explain Special Driving Instructions: 26414 Murrieta Road, Menifee, CA 92585 Ask for $ Phone (951) 784>8990 Fax (951) 657>7036 CUSTOMER INFORMATION FORM Ask for $ Ask for $ Ask for $ Ask for $ Billing Contact Name: Billing Contact Email: 419 420 City of La Quinta CITY COUNCIL MEETING: August 6, 2019 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION TO APPROVE AND ADOPT THE RELOCATION PLAN PREPARED FOR THE ACQUISITION OF PERMANENT ROADWAY AND PUBLIC UTILITY EASEMENT INTERESTS IN A PORTION OF CERTAIN REAL PROPERTY IDENTIFIED AS ASSESSOR PARCEL NO 600-030-010, 46400 DUNE PALMS ROAD, LOCATED IN LA QUINTA, RIVERSIDE COUNTY, CALIFORNIA, FOR THE DUNE PALMS ROAD BRIDGE PROJECT (PROJECT NO. 2011-05/111205) RECOMMENDATION Adopt a resolution to approve and adopt the relocation plan prepared for the acquisition of permanent roadway and public utility easement interests in a portion of certain real property identified as Assessor Parcel No. 600 -030-010, 46400 Dune Palms Road, space 31 mobile home coach, located in La Quinta, Riverside County, California, in accordance with the California Relocation Assistance Law and the California Relocation and Real Property Acquisition Guidelines. EXECUTIVE SUMMARY •The City Council previously authorized staff to unde rtake investigation and planning in connection with the Dune Palms Road Bridge Project (Project). •The Project would entail acquiring private property for road and bridge right-of-way, the relocation or demolition of two mobile homes and demolition of one single-family dwelling. •A Relocation Plan (Plan) was prepared and concludes that there are sufficient relocation alternatives to accommodate the households potentially displaced by the Project, and there are sufficient resources and funding to provide the eligible financial assistance and benefits. •The Plan was circulated for the mandated 30-day review period and no comments were received. FISCAL IMPACT The relocation benefit cost is estimated to be $227,000 not including payments related to property acquisition or improvements pertaining to realty. There are PUBLIC HEARING ITEM NO. 1 421 sufficient funds in the Project budget for these costs (Account Number 401- 000-74010, Land Acquisition). BACKGROUND/ANALYSIS Staff has anticipated the need to relocate or demolish two mobile home coaches and demolish one single family dwelling in order to facilitate the Project. A Plan (Exhibit A to the Resolution) was prepared that: 1) surveys and defines the relocation needs of households potentially displaced by the project; 2) identifies the availability of comparable replacement housing; 3) evaluates the impact of potential property acquisition on the relocated households; and 4) develops viable solutions for relocation problems. The Plan was prepared in accordance with the provisions of the California Relocation Assistance Law and other applicable laws and regulations. The Plan concludes there are sufficient physical and financial resources to meet the relocation needs of displaced occupants. All benefits that would be provided to displaced occupants would be in accordance with all applicable relocation laws and regulations. The Design and Development Department has determined the Project has been adequately reviewed under a Mitigated Negative Declaration (MND), EA 201 7- 0013, approved on February 14, 2018, in accordance with the California Environmental Quality Act, and under a Categorical Exclusion (CE) approved on January 17, 2018, in accordance with the National Environmental Policy Act, and that no further environmental review is necessary. ALTERNATIVES Council could direct staff to re-examine all or any part of the Plan which would require further investigation and analysis and would delay the project. Prepared by: Julie Mignogna, Management Analyst Approved by: Bryan McKinney, P.E., City Engineer 422 RESOLUTION NO. 2019 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AND ADOPTING THE RELOCATION PLAN PREPARED FOR THE ACQUISITION OF PERMANENT ROADWAY AND PUBLIC UTILITY EASEMENT INTERESTS IN A PORTION OF CERTAIN REAL PROPERTY IDENTIFIED AS ASSESSOR PARCEL NO 600-030-010, 46400 DUNE PALMS ROAD, SPACE 31 MOBILE HOME COACH, LOCATED IN LA QUINTA, RIVERSIDE COUNTY, CALIFORNIA, FOR THE DUNE PALMS ROAD BRIDGE PROJECT WHEREAS, The City of La Quinta (City) proposes to widen the east side of Dune Palms Road to its ultimate General Plan width from Westward Ho Drive / Blackhawk Way to a point approximately 330 feet north of the Coachella Valley Stormwater Channel (CVSC) as part of the Dune Palms North Street Improvement Project (Project); and WHEREAS, Due to the displacement necessary to proceed with the Project, the City is required to prepare a relocation plan which provides demographic and planning information and sets forth the policies and procedures necessary to conform with the California Relocation Assistance Law (California Government Code Section 7260 et seq.), the California Relocation and Real Property Acquisition Guidelines (California Code of Regulations, Title 25 Chapter 6, Section 6000 et seq.- the Guidelines), and the rules, regulations and procedures as adopted by the City; and WHEREAS, The conclusion of the Relocation Plan is that there are sufficient relocation alternatives to accommodate the households potentially displaced by Project and that Project has sufficient resources and funding to provide the eligible financial assistance and benefits to the affected households that are provided for under the applicable laws and regulations; and WHEREAS, The Relocation Plan has been circulated for review by the affected Project occupants for the mandated 30-day period and no comments to the plan have been received; and WHEREAS, The Design and Development Department has determined the Dune Palms Widening Project has been adequately reviewed under a 423 Resolution No. 2019-XXX Dune Palms Bridge Project Relocation Plan Adopted: August XX, 2019 Page 2 of 3 Mitigated Negative Declaration (MND), EA 2017-0013, approved on February 14, 2018, in accordance with the California Environmental Quality Act, and has been adequately reviewed under a Categorical Exclusion (CE) approved on January 17, 2018, in accordance with the National Environmental Plan Act, and that no further environmental review is necessary. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. That the above recitals are true and correct and incorporated herein. SECTION 2. That the City Council of the City of La Quinta does hereby adopt the relocation plan, attached hereto as “Exhibit A” and incorporated by this reference, prepared for the acquisition of a portion of certain real property identified as Assessor Parcel No. 600-030-010, located in La Quinta, Riverside County, California, for the Dune Palms Road Widening Project. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this ___ day of August, 2019 by the following vote: AYES: NOES: ABSENT: ABSTAIN: LINDA EVANS, Mayor City of La Quinta, California ATTEST: __________________________ MONIKA RADEVA, City Clerk City of La Quinta, California 424 Resolution No. 2019-XXX Dune Palms Bridge Project Relocation Plan Adopted: August XX, 2019 Page 3 of 3 (CITY SEAL) APPROVED AS TO FORM: ___________________________ WILLIAM H. IHRKE, City Attorney City of La Quinta, California 425 426 Dune Palms Road Low Water Crossing Bridge Project FINAL RELOCATION PLAN Prepared for: CITY OF LA QUINTA 78-495 Calle Tampico La Quinta, CA 92253 (760) 777-7000 By: Overland, Pacific & Cutler, LLC 2280 MARKET STREET, SUITE 200 RIVERSIDE, CA 92501 (951)683-2353 JULY 19, 2019 RESOLUTION NO. 2019-XXX EXHIBIT A ADOPTED: AUGUST XX, 2019 427 DOCSOC/1496121v4/022621-0154 TABLE OF CONTENTS INTRODUCTION ........................................................................................................................................... 1 I.PROJECT SITE LOCATION AND DESCRIPTION ..................................................................................... 2 A.REGIONAL LOCATION ............................................................................................................... 2 B.PROJECT SITE LOCATION AND DESCRIPTION .................................................................. 2 C.GENERAL DEMOGRAPHIC AND HOUSING CHARACTERISTICS .................................. 4 II.ASSESSMENT OF RELOCATION NEEDS ................................................................................................. 5 A.SURVEY METHOD OLOGY ........................................................................................................ 5 B.FIELD SURVEY DATA ................................................................................................................ 5 1.Housing Mix ...................................................................................................................... 6 2.Project Area Rents .............................................................................................................. 6 3.Occupancy Overcrownding .............................................................................................. 7 4.Replacement Housing Needs .............................................................................................. 7 5.Income ................................................................................................................................ 7 6.Ethnicity/Language ............................................................................................................. 7 7.Senior/Handicapped Households ........................................................................................ 8 8.Preferred Relocation Areas ................................................................................................. 8 III.RELOCATION RESOURCES ....................................................................................................................... 7 A.METHODOLOGY .......................................................................................................................... 7 B.COMPARABLE REPLACEMENT HOUSING AVAILABILITY ............................................ 8 1.Residential Rental Housing .............................................................................................. 8 2.Mobile Home for Sale Housing .......................................................................................... 8 3.Pad Rent .............................................................................................................................. 8 4.Summary ............................................................................................................................ 9 C.RELATED ISSUES ........................................................................................................................ 9 1.Concurrent Residential Displacement .............................................................................. 9 2.Temporary Housing ........................................................................................................ 10 IV.THE RELOCATION PROGRAM ................................................................................................................ 11 A.ADVISORY ASSISTANCE ......................................................................................................... 10 B.RELOCATION BENEFITS ......................................................................................................... 13 1.Residential Moving Expense Payments ......................................................................... 13 a. Actual Cost (Professional Move) ............................................................................... 13 b. Fixed Payment (based on Room Count Schedule) ................................................... 13 2.Rental Assistance to Tenants Who Choose to Rent ...................................................... 14 3.Downpayment Assistance to Tenants Who Choose to Purchase ................................. 15 4.Relocation Benefits – Offsite Owners of Rental Income Property .............................. 16 C.GENERAL INFORMATION REGARDING THE PAYMENT OF RELOCATION BENEFITS ..................................................................................................................................... 16 D.LAST RESORT HOUSING ......................................................................................................... 17 E.IMMIGRATION STATUS ........................................................................................................... 17 F.RELOCATION TAX CONSEQUENCES .................................................................................. 17 V.ADMINISTRATIVE PROVISIONS ............................................................................................................ 18 A.NOTICES ....................................................................................................................................... 18 B.PRIVACY OF RECORDS ........................................................................................................... 19 C.GRIEVANCE PROCEDURES .................................................................................................... 19 D.EVICTION POLICY ..................................................................................................................... 19 E.CITIZEN PARTICIPATION ........................................................................................................ 20 F.PROJECTED DATE OF DISPLACEMENT .............................................................................. 21 G.ESTIMATED RELOCATION COSTS ....................................................................................... 21 428 DOCSOC/1496121v4/022621-0154 LIST OF TABLES TABLE 1: 2010 Census Population – City & Impacted Tract 5 TABLE 2: 2010 Census Housing units – City & Impacted Tract 5 TABLE 3: Availability and Cost of Replacement Rental Housing 9 TABLE 4: Schedule of Fixed Moving Payments 14 TABLE 5: Computation of Rental Assistance Payments 15 LIST OF EXHIBITS EXHIBIT A: Residential Interview Form EXHIBIT B: HUD Income Levels – Riverside County EXHIBIT C: Residential Informational Statement- Mobile Homes (Federal) EXHIBIT D: Residential Informational Statement- Families and Individuals (Federal) EXHIBIT E: Non-Residential Informational Statement for Business (Federal) EXHIBIT F: Mobile Homes for Sale EXHIBIT G: Single Family Residential Rentals EXHIBIT H: Public Comments and Responses 429 1 INTRODUCTION The City proposes to construct an all-weather crossing and remove the existing low-water crossing of Dune Palms Road at the Coachella Valley Stormwater Channel (CVSC) in the City of La Quinta, in Riverside County. The crossing will consist of 480 feet long and 86 feet wide four- span bridge. The bridge typical section consists of six-foot sidewalk on both sides of the bridge, two (2) eight-foot outside shoulders also serving as bike/golf cart lanes, a 10-foot raised median, two (2) eleven-foot travel lanes, and two (2) twelve-foot travel lanes. Other project features include reconstruction of the north and south bridge approaches to accommodate the raised profile of the roadway to meet the bridge elevation, installation of concrete slope protection at the northwest and southeast corners of the bridge, relocation of overhead electrical distribution lines, and relocation of sewer lines at the northern bridge abutment. This improvement will connect with the widening of Dune Palms Road to include widening of the east side of Dune Palms Road to its ultimate General Plan width from Westward Ho Drive/Blackhawk way to a point approximately 330 feet north of Coachella Valley Stormwater Channel. La Quinta High School is adjacent to the westerly project limits and vacant land, a church and a mobile home park is adjacent to the easterly project limits. Significant impacts are anticipated to the Dune Palms Mobile Estates mobile home park, including the demolition / removal of 2 mobile home units, and a single-family residential unit. Permanent relocation of the current Project occupants identified on this plan and personal property is anticipated. The City was successful in obtaining federal Highway Bridge Program (HBP) funding for 88.53 percent of the design, right- of-way acquisition, and construction costs for the new Dune Palms Road Bridge. Due to the displacement proposed by the Project, the City has prepared a relocation plan which provides demographic and planning information and sets forth the policies and procedures necessary to conform with the requirements of the Federal Uniform Relocation and Real Property Acquisition Policies Act of 1970, as amended (URA), Title 25, California Code of Regulations Chapter 6, Article 1, Section 6000 et seq (Guidelines). This Plan was written by Overland, Pacific & Cutler, LLC. (OPC), a professional consulting firm specializing in public acquisition and relocation projects. The Plan is organized in five sections: 1.Project location and description (SECTION I); 2.Assessment of the relocation needs of persons subject to displacement (SECTION II); 430 2 3.Assessment of available replacement housing units within the La Quinta and surrounding communities (SECTION III); 4.Description of the City’s relocation program (SECTION IV); 5.Description of the City’s administrative provisions (SECTION V). I.PROJECT SITE LOCATION AND DESCRIPTION A.REGIONAL PROJECT LOCATION The Project site is generally located in the City, within the County of Riverside. The Project site is easily accessible from Highway 111 and Interstate 10. Surrounding communities include, Bermuda Dunes, Indio, Coachella, Palm Desert, Rancho Mirage, and Indian Wells. (See Figure 1: Regional Project Location) Figure 1: Regional Project Location B.PROJECT SITE LOCATION AND DESCRIPTION The specific portion of the Project site addressed in this Plan is in the northerly central area of the City and is generally bounded by the Coachella Valley Stormwater Channel to the south, 431 3 Westward Ho Drive / Blackhawk Way to the north, La Quinta High School to the west, and mobile homes / church / vacant lands to the east. (See Figure 2: Project Site Location) Figure 2: Project Site Location –46400 Dune Palms Road 432 4 C. GENERAL DEMOGRAPHIC AND HOUSING CHARACTERISTICS According to the July 1, 281 (V2018) U.S. Census, the population data of the City is 41,535, and the population of the impacted Census Tract 452.15 is 8,515 (see Table 1 on the following page). Corresponding Census data concerning the housing mix is shown on the following page in Table 2. TABLE 1: 2010 Census Population – City Population Tract 452.15 3105.01 % City % Total Population 8,515 100.0% 37,467 100.0% White 6,735 79.1%/ 29,489 82.1% Black or African American 137 1.6% 713 1.9% American Indian or Alaska Native 49 0.6% 220 0.6% Asian 489 5.7% 1,176 3.1% Native Hawaiian or Other Pacific Islander 10 0.1% 41 0.1% Some Other Race 770 9.0% 4,595 12.3% Two or More Races 325 3.8% 1,223 3.3% Hispanic or Latino (of Any Race) 2,340 27.5% 11,339 30.3% Source: U.S. Census Bureau, QT -PL. Race, Hispanic or Latino, and Age: 2010 TABLE 2: 2010 Census Housing Units – City Type Block 1001 Tract 874.04 % City % Total Units 2,953 100.0% 14,820 100.0% Owner-Occupied 2,302 78.0% 11,152 75.2% Renter-Occupied 651 22.0% 3,668 24.8% Vacant Housing Units 559 100.0% 8,669 100.0% Available for Sale Only (of Total Vacant Units) 76 13.6% 783 9.0% Available for Rent – Full Time Occupancy (of Total Vacant Units) 47 8.4% 736 8.5% Sold or Rented – Not Occupied 14 2.5% 141 1.6% Otherwise Not Available (e.g. seasonal, recreational, migratory, occasional use) 379 67.8% 6,449 74.4% Other Vacant 43 7.7% 560 6.5% Source: U.S. Census Bureau, QT -H1. General Housing Characteristics: 2010 433 5 II. ASSESSMENT OF RELOCATION NEEDS A. SURVEY METHODOLOGY To obtain information necessary for the preparation of this Plan, personal interviews with the households that may be displaced were conducted by OPC staff in November 2018. The interviewers were successful in obtaining survey responses from all project households in the Project. Inquiries made of the residential occupants concerned household size and composition, income, monthly rent and estimated utility costs, length of occupancy, ethnicity, home language, physical disabilities, legal presence status, relocation needs, and replacement housing preferences. A sample of the residential interview form used in the interview process is presented as Exhibit “A” of this report. B. FIELD SURVEY DATA There are three residential households, which will be permanently relocated for the Project as presently planned. At the time of the interviews, the households consisted of six adults and four children (10 years or younger) for a total of 10 individuals to be displaced. There is 1 known non- occupant owner of investment property that will potentially be affected as a result of the proposed Project’s acquisitions. This owner leases their space within the proposed Project boundaries to residents occupying the area. To the extent that off-site owner’s activity may be is considered a business, it may be eligible to receive assistance and benefits for expenses actually incurred in reestablishing the business at a replacement property site, in the amount not to exceed $25,000. These and other benefits are outlined in Section IV. 1. Housing Mix The proposed Project area includes single-family residence and two mobile home units. The mobile home units are owner-occupied and lease the pad space . The single-family residence is a three -bedroom home that is occupied by the park manager. The mobile home units consist of a two-bedroom mobile home, and three-bedroom mobile home with a room conversion that is being used as a fourth sleeping area. See Table 3 below. Table 3: Current Project Area Housing # of Bedrooms Two Three Four # of Units- Mobile Home Owners/ Space Tenants 1 1 - # of Single-Family-Tenants 1 - 434 6 2. Project Area Rents Of the three tenant households, we received monthly rent data for 2 of the households. Table 4 below shows monthly rents by bedroom size among the mobile home tenant households. Table 4: Proposed Project Area Tenant Rents (2 respondents) Two Bedroom Three Bedroom Four Bedroom Mobile Home $560 $560 - Single-Family Residence Unknown - 3. Occupancy /Overcrowding The City has adopted and would adhere to its local housing occupancy standards to make sure housing is of the appropriate size in relocating the affected occupants. Based on this criterion and available household data, one of the residential mobile home units is currently overcrowded. City has made the policy determination to use non-federal funds to pay relocation benefits to those tenants not legally present in the United States but otherwise eligible for assistance. Therefore, based on the occupancy standard stated above, the comparable replacement units required for the displaced households are 2 three-bedroom mobile home units and one three-bedroom single-family residence. 4. Replacement Housing Needs Comparable replacement housing needs, as expressed in this plan, are defined by the total number of required comparable replacement units and distribution of those units by bedroom size. The projected number of required units by bedroom size is calculated by comparing survey data for household size with the City’s replacement housing occupancy standards. These standards, generally, allow for up to three persons in a one -bedroom unit, five persons in a two-bedroom unit, seven persons in a three-bedroom unit and nine or more persons in a four-bedroom unit. See Table 5 below. In addition, replacement housing needs must also be based on the legally present members of the household. Table 5: Proposed Project’s Replacement Housing Needs # of Bedrooms Two Three Four # of Units- Mobile Home Owners/ Space Tenants 0 2 0 # of Single-Family-Tenants 0 1 0 435 7 5. Income Income information was provided by the mobile home households during the Plan interview. According to income standards for the County of Riverside (Exhibit B) adjusted for family size as published by the United States Department of Housing and Urban Development (HUD), one household qualifies as Very Low Income (earning 31% - 50% AMI), and one household qualifies as Moderate Income (51% - 80% AMI). Table 6: Income Levels of Residential Households Interviewed Extremely Low Very Low Low Median Moderate 1 1 1 6. Ethnicity/Language Both households reported Hispanic as their ethnicity and Spanish as their preferred language. 7. Senior/Handicapped Households One household reported a senior spouse (62 years or older). No households reported having a member with a disability. Required accommodations at a replacement dwelling are not anticipated on this project based on those households surveyed. 8. Preferred Relocation Areas All three households expressed a preference to remain in the City community in order to maintain current access to employment, and schools. One household would like to purchase a mobile home at Las Palmas de La Quinta located on the East side of Jefferson Street which divides the City with the neighboring City of Indio in order to maintain the proximity to the current school enrollment and family. III. RELOCATION RESOURCES B. METHODOLOGY No eligible person shall be required to move from their dwelling unless comparable replacement dwellings are available to such persons. The purpose of this section is to identify if sufficient comparable replacement housing resources exist for all potential residential displaces. The City is committed to making every effort to satisfactorily relocate all displaced occupants. For residential housing, a resource survey was conducted to identify available rental units within the proposed Project area. The following sources were utilized: -- Calls to Local Mobile Home Parks for Advertised and Posted MH Sales 436 8 ---Calls to Local Mobile Home Parks for Mobile Home Space Rentals ---Contacts with Mobile Home Parke Owners and real estate/property management companies serving the community -- Internet sources of rental opportunities (Zillow, Realtor.com) B. COMPARABLE REPLACEMENT HOUSING AVAILABILITY 1. Residential Rental Housing There are adequate numbers of replacement single family housing units to accommodate the tenant household residing in the single-family home at this project. The number of units found, by bedroom size, are presented alongside the number of units needed (shown in parentheses) of those interviewed to meet re-housing obligations in the tables below. TABLE 7: Availability and Cost of Replacement Single Family Rental Bedroom Size Two Three Four # Found (# Needed) NnnnnEEDEDNeeded) N/A 25 (1) N/A Rent Range - $1,600-$2,800 - Median Rent - $ 2,300.00 - The rental amounts are naturally subject to change according to the market rates prevailing at the time of any displacement. 2. Mobile Homes for Sale Housing The resource survey identified seven (7) two-bedroom mobile homes, ranging in price from $10,000 to 60,000 with a median price of $ 39,000.00. Fourteen (14) three-bedroom mobile homes were also identified, ranging in price from $45,000 to $109,000 with a median price of $64,750.00. Four bedrooms were not required for to accommodate the current households to be potentially displaced. TABLE 8: Availability and Cost of Replacement Mobile Homes for Sales Bedroom Size Two Three Four # Found (# Needed) NnnnnEEDEDNeeded) 7 (0) 14 (2) N/A Rent Range N/A N/A N/A Median Rent N/A N/A N/A 3. Pad Rent While surveying for mobile homes for sale, pad rents were considered where available. The resource survey monthly pad rental rates range from $560 to $950 with a median price of $700.00. 437 9 4. Summary Considering the above described availability of temporary and replacement housing resources gathered over an eight-week period, it appears that there are more than adequate replacement resources for the residential occupants. But, while adequate replacement resources exist, based on survey results of rental opportunities and the tenants’ current rents, some of the tenant occupants will likely have an increase in monthly rent. Possible increases, if any, will be met through the City’s obligation under applicable Relocation Laws, including Last Resort Housing (LHR) requirements. (See Section IV). The City will work with displacees to provide funds necessary to meet replacement housing obligations due to an increase in monthly rents of these available units or an increase of pad rents for owner-occupants. Individual preferences will be accounted for once the process has begun and a relocation consultant has had the opportunity to speak personally with each resident. It is anticipated that the relocation activities will not necessitate any special housing considerations, other than potential Last Resort Housing obligations, for the Project to meet the comparable replacement housing requirement. Therefore, with possible benefit payments exceeding statutory amounts through LRH obligations, the relocation activities are not anticipated to create any special housing considerations. With LRH benefit payments, the Project will meet comparable replacement dwelling requirements. C. RELATED ISSUES 1. Concurrent Residential Displacement The City’s Dune Palms Road Widening, and La Quinta Village Complete Road Diet Project are current public projects, but do not cause significant competing residential displacements. The Dune Palms Road Widening Project is currently underway in the City which will insignificantly compete with this Project since most of the relocations have already secured replacement housing resources needed to complete that project. No residential displacees will be required to move without both adequate notice and access to available, affordable, decent, safe and sanitary housing. 438 10 2. Temporary Housing and Assistance The Proposed Project is not anticipated to cause any temporary displacement. IV. THE RELOCATION PROGRAM The City’s Relocation Program for displacements is designed to minimize hardship, be responsive to unique Project circumstances, emphasize maintaining personal contact with all affected individuals, consistently apply all regulatory criteria to formulate eligibility and benefit determinations and conform to all applicable requirements. The relocation program to be implemented by the City will conform with the standards and provisions of all applicable Relocation Laws. The City has retained OPC, a multi-lingual consulting firm, to administer the Relocation Program. OPC has worked on more than 5,000 public acquisition and relocation projects over the past 38 years. Experienced City staff will monitor the performance of OPC and be responsible to approve or disapprove OPC recommendations concerning eligibility and benefit determinations and interpretations of City’s policies. A. ADVISORY ASSISTANCE Every reasonable effort will be made to ensure that the relocation of displacees occurs with a minimum of delay and hardship. The following specific services will be provided: 1. Each household affected by the Project will be personally interviewed to gather information appropriate to the determination of needs and preferences regarding replacement of existing accommodations; 2. A printed Informational Brochure (see Exhibit “C”) will be provided in English or the displacees’ language, should that be subsequently deemed necessary, for all displaced households. To the non-occupant owner leasing to others an Informational Brochures will be provided also (see Exhibit “D”). Signed acknowledgments will be obtained to verify receipt of this material; 3. Prior to issuance of a notice-to-vacate, residential displacees will be provided, if available, at least three, and preferably more, referrals to comparable replacement dwellings, pursuant to Section 24.403 of 49CFR. In no event shall an eligible residential displacee be required to move until comparable housing has been made available. Resource surveys and referrals will be undertaken and updated on a continuous basis over the duration of the Project. 439 11 Generally, a comparable replacement dwelling must satisfy the following criteria: a) The unit is decent, safe and sanitary - electrical, plumbing and heating systems in good repair - no major, observable hazards or defects. The unit is comparable to the acquired dwelling with respect to number of rooms, habitable living space and type and quality of construction, but not lesser in rooms or living space as necessary to accommodate the displaced person; b) The unit is located in an area not subjected to unreasonable adverse environmental conditions from either natural, or man-made sources, and not generally less desirable with respect to public utilities, transportation, public and commercial facilities, including schools and municipal services and reasonably accessible to the displaced person’s place of employment; c) The unit is available both on the private market and to all persons regardless of race, color, sex, marital status, religion, or national origin; d) The monthly rental rate is within the financial means of the displaced residential tenant; 4. Transportation will be provided, if necessary, for any displaced resident to inspect replacement sites within the local area. Specific assistance will be offered, as appropriate, to help tenants find housing near friends, relatives, medical facilities and services, and convenient transportation; 5. Assistance will be offered to all displacees in connection with arrangements for the purchase of real property, the completion of applications for replacement housing and the filing of claim forms to request relocation benefits; 6. Special assistance in the form of referrals to governmental and nongovernmental social service agencies will be made, if needed. Agencies to which referrals may be made include, but are not necessarily limited to the following: a) Federal Social Security Administration b) The Housing Agency of the County of Riverside To follow through on the advisory assistance component of the permanent relocation program and assure that the City meets its obligations under the Relocation Laws, OPC staff will perform the following functions: 440 12 1. Distribute appropriate written information concerning the City’s relocation program; 2. Inform the eligible households of the nature of, and procedures for, obtaining available Relocation Benefits; 3. Determine the needs of each displacee eligible for assistance (including through personal interviews with the persons to be displaced); 4. Provide the eligible displacees with at least three referrals to comparable replacement housing within a reasonable time prior to displacement. Generally, a comparable replacement dwelling must satisfy the following criteria: (a) The unit is decent, safe and sanitary - electrical, plumbing and heating systems are in good repair - no major, observable hazards or defects. The unit is adequate in size and is comparable to the acquired dwelling with respect to number of rooms, habitable living space and type and quality of construction, but not lesser in rooms or living space as necessary to accommodate the displaced person. The unit is functionally equivalent, including principle features. (b) The unit is located in an area not subjected to unreasonable adverse environmental conditions from either natural, or man-made sources, and not generally less desirable with respect to public utilities, transportation, public and commercial facilities, including schools and municipal services and reasonably accessible to the displaced person’s place of employment. (c) The unit is available both on the private market and to all persons regardless of race, color, sex, marital status, religion or, national origin. (d) The monthly rental rate is within the financial means of the displaced residential tenant. 5. Maintain an updated database of available housing resources, and distribute referral information to displacees for the duration of the Project; 6. Provide transportation to the residential displacees, if necessary, to inspect replacement sites within the local area; 7. Inspect replacement housing to assure it meets decent, safe and sanitary standards as described in the URA and per local ordinance; 8. Supply information concerning federal and state programs and other governmental programs providing assistance to displaced persons; 9. Assist eligible occupants in the preparation and submission of relocation assistance claims; 10. Provide additional reasonable services necessary to successfully relocate occupa nts; 441 13 11. Make benefit determinations and payments in accordance with applicable law and the City’s adopted relocation guidelines; 12. Assure that no occupant is required to move without a minimum of 90 days written notice to vacate; 13. Inform all persons subject to displacement of the City’s policies with regard to eviction and property management; 14. Establish and maintain a formal grievance procedure for use by displaced persons seeking administrative review of the City’s decisions with respect to relocation assistance; and 15. Provide assistance that does not result in different or separate treatment based on or due to an individual’s sex, marital status, race, color, religion, ancestry, national origin, physical handicap, sexual orientation, and domestic partnership status. B. RELOCATION BENEFITS Specific eligibility requirements and benefit plans will be detailed on an individual basis with the household to be permanently displaced. In the course of personal interviews and follow-up visits, the household to be displaced will be counseled as to available options, maximum assistance amounts, and the consequences of any choice with respect to financial assistance. Relocation benefits will be provided in accordance with the provisions of all applicable Relocation Laws, and City rules, regulations and procedures pertaining thereto. Benefits will be paid to eligible displaced persons upon submission of required claim forms and documentation in accordance with the City’s normal administrative procedures. The City will process advance payment requests to mitigate hardships for tenants who do not have access to sufficient funds to pay move-in costs such as first month’s rent and/or security deposits. Approved requests will be processed expeditiously to help avoid the loss of desirable, appropriate replacement housing. 1. Residential Moving Expense Payments All residential occupants to be permanently relocated will be eligible to receive a payment for moving expenses. Moving expense payments will be made based upon the actual cost of a professional move or a fixed payment based on a room -count schedule. a. Actual Cost (Professional Move) Displacees may elect to have a licensed professional mover perform the move. The actual cost of the moving services, based on at least two acceptable bi ds, will be compensated by the City in the form of a direct payment to the moving company upon presentation of an invoice. Transportation costs are limited to a distance of 50 miles in either case. In addition 442 14 to the actual move, costs associated with utility reconnections (i.e., gas, water, electricity, telephone, and cable, if any), are eligible for reimbursement. b. Fixed Payment (based on Room Count Schedule) An occupant may elect to receive a fixed payment for moving expenses which is based on the number of rooms occupied in the displacement dwelling. In this case, the person to be relocated takes full responsibility for the move. The fixed payment includes all utility connections as described in Paragraph B.1.a., above. The current schedule for fixed moving payments is set forth in Table 4 following: TABLE 4: Schedule of Fixed Moving Payments Unfurnished Dwelling Room count 1 2 3 4 5 6 7 8 Each additional Amount $725 $930 $1,165 $1,375 $1,665 $1,925 $2,215 $2,505 $265 Furnished Dwelling Room count 1 each additional Amount $475 $90 Source: Federal Highway Administration (effective July 24, 2015) 2. Rental Assistance to Tenants Who Choose to Rent To be eligible to receive rental assistance benefits, a displaced tenant household must rent or purchase and occupy decent, safe, and sanitary comparable replacement dwelling within one year from the date they move from the displacement dwelling. Based upon the available data regarding Project displacees, the displaced households may qualify for, and may be eligible to apply for, relocation benefits under URA and/or State provisions. Except in the case of Last Resort Housing situations, the potential payment to the household will be payable over a 42-month period and limited to a maximum of $7,200 as stated under URA guidelines. The relocation program is explained in detail in the informational brochure to be provided to each permanently displaced household (Exhibit C). Rental Assistance payment amounts are equal to 42 times the difference between the base monthly rent and the lesser of: (i) The monthly rent and estimated average monthly cost of utilities for a comparable replacement dwelling; or (ii) The monthly rent and estimated average monthly cost of utilities for the decent, safe, and sanitary replacement dwelling actually occupied by the displaced person. The base monthly rent for the displacement dwelling is the lesser of: 443 15 (i) The average monthly cost for rent and utilities at the displacement dwelling for a reasonable period prior to displacement, as determined by the City. For owner-occupants or households, which paid little or no rent, fair market rent will be used as a substitute for actual rent; or (ii) Thirty percent (30%) of the displaced person’s average, monthly gross household income, if the amount is classified as “low income” by the U. S. Department of Housing and Urban Development’s (HUD) Annual Survey of Income Limits for the Public Housing and Section 8 Programs. (HUD’s Survey is shown as Exhibit B.) If a displaced household earns more than the amount that would qualify them as a “low income” household, refuses to provide appropriate evidence of income, or is a dependent, the base monthly rent shall be determined to be the average monthly cost for rent and utilities at the displacement dwelling; or (iii) The total of the amount designated for shelter and utilities if receiving a welfare assistance payment from a program that designates the amounts for shelter and utilities. Table 5 portrays the benefits determination under the URA: TABLE 5: Example Computation of URA Rental Assistance Payments 1. Old Rent $650 Old Rent and Utilities or 2. Ability to Pay $700 30% of the Gross Household Income (if Low Income) 3. Lesser of lines 1 or 2 $650 Base Monthly Rental Subtracted From: 4. Actual New Rent $750 Actual New Rent and Estimated Utilities or 5. Comparable Rent $775 Determined by City (includes estimated utilities) 6. Lesser of lines 4 or 5 $750 7. Yields Monthly Need: $100 Subtract line 3 from line 6 8. Rental Assistance $4,200 Multiply line 7 by 42 months 3. Down payment Assistance to Tenants Who Choose to Purchase A displaced household may opt to apply the entire benefit amount for which they are eligible toward the purchase of a replacement unit (URA, at 49 CFR 24.402(b). If a displaced household chooses to utilize up to the full amount of rental assistance eligibility (including any Last Resort benefits) to purchase a home, it may have the funds deposited in an open escrow account, provided that the entire amount is used for the down payment and eligible, 444 16 incidental costs associated with the purchase of a decent, safe, and sanitary replacement home. A provision shall be made in the escrow arrangements for the prompt return of the City funds, in the event escrow should fail to close within a reasonable period of time. Final determination about the type of relocation benefits and assistance for which the households are eligible will be determined upon verification of the households’ occupants and incomes. 4. Relocation Benefits – Offsite Owners of Rental Income Property Potential eligible offsite owners of property who lease space or a site to others, may be eligible for certain benefits in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act (URA) and the City’s Relocation Assistance Program, if the City determines that certain criteria is met see Exhibit D: C. GENERAL INFORMATION REGARDING THE PAYMENT OF RELOCATION BENEFITS Claims and supporting documentation for relocation benefits must be filed with the City no later than 18 months after the date of displacement. The procedure for the preparation and filing of claims and the processing and delivery of payments will be as follows: • Claimant(s) will provide all necessary documentation to substantiate eligibility for assistance; • City staff will review all necessary documentation including, but not limited to, rental agreements or lease documents, moving bids, invoices and escrow material before reaching a determination as to which expenses are eligible for compensation; • Required claim forms will be prepared by OPC staff and presented to the claimants for review. Signed claims and supporting documentation will be returned to relocation staff and submitted to the City; • The City will review and approve claims for payment, or request additional information; • The City will issue benefit checks to claimants in the most secure, expeditious manner possible; • Final payments to residential displacees will be issued after confirmation that the Project premises have been completely vacated, and actual residency at the replacement unit is verified; 445 17 • Receipts of payment and all claim material will be maintained in the relocation case file. D. LAST RESORT HOUSING Based on data derived from the surveys and analyses of the occupants in the Project area and costs of replacement housing resources, it is anticipated that “comparable replacement housing” may not be available, because the computed replacement housing assistance eligibility exceeds $7,200 and the estimated replacement dwelling monthly rental costs (including utilities) exceed 30% of the households’ average gross monthly income. Therefore, if the Project proceeds, the City will authorize sufficient funds to provide housing of last resort to eligible displaced households. Due to the demonstrated number of available replacement housing resources for the displaced households, as shown above in Section III, B - 1, the need to develop a replacement housing plan to produce sufficient number of comparable replacement dwellings will not be necessary. Rather, funds will be used to make payments in excess of the monetary limits specified in the statute ($7,200); hence, satisfying the requirement that “comparable replacement housing” is available. The City, at its discretion, may opt to pay Last Resort Housing payments in installments or in a lump sum. Recipients of Last Resort rental assistance, who intend to purchase rather than rent replacement housing, will have the right to request a lump sum payment of all benefits in the form of down payment assistance, as described above, to assist with the purchase of a decent, safe and sanitary dwelling. E. IMMIGRATION STATUS Federal legislation (PL105-117) prohibits the payment of relocation assistance benefits under the Uniform Act to any alien not lawfully present in the United States unless such ineligibility would result in an exceptional and extremely unusual hardship to the alien’s spouse, parent, or child any of whom is a citizen or an alien admitted for permanent residence. Exceptional and extremely unusual hardship is defined as significant and demonstrable adverse impact on the health or safety, continued existence of the family unit, and any other impact determined by the City to negatively affect the alien’s spouse, parent or child. However, the City will authorize the payment of relocation assistance benefits to any otherwise eligible residential displacees from non-federally authorized reimbursable funds. In order to track and account for relocation assistance and benefit payments, City staff will be required to seek immigration status information from each displacee aged 18 years or older by having them certify as to their legal status. F. RELOCATION TAX CONSEQUENCES In general, relocation payments are not considered income for the purpose of Division 2 of the Internal Revenue Code of 1954, which has been re-designated as the Internal Revenue Code of 1986 (Title 26, U. S. Code), or for the purpose of determining the eligibility or the extent of eligibility of any person for assistance under the Social Security Act (42 U. S. Code 301 et seq.) or the Personal Income Tax Law, Part 10 (commencing with Section 17001) of the Revenue and 446 18 Taxation Code, or the Bank and Corporation Tax Law, Part II (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code. The above statement on tax consequences is not intended as tax advice by the City. Displacees are responsible for consulting with their own tax advisors and/or making their own determinations of tax consequences concerning relocation payments. V. ADMINISTRATIVE PROVISIONS A. NOTICES Each notice, which the City is required to provide to a property owner or occupant, shall be personally delivered or sent by certified or registered first-class mail, return receipt requested and documented in the case file. Each notice will be written in plain, understandable language. Persons who are unable to read and understand any notice will be provided with appropriate translation and counseling. Each notice will indicate the name and telephone number of a person who may be contacted for answers to questions or other needed help. There are three principal notices: 1) General Information Notice, 2) Notice of Relocation Eligibility, and 3) Ninety-Day Notice to Vacate The General Information Notice (GIN) is intended to provide potential relocatees with a general written description of the City’s relocation program and basic information concerning benefits, conditions of eligibility, noticing requirements and appeal rights. The GIN is issued as early as is feasible in the initial stages of a Project, preferably, the planning stage. This notice was issued at the time the properties were being appraised via Certified Mail and hand delivered to those interviewed for this Plan. A Notice of Relocation Eligibility (NOE) will be distributed to each eligible displacee. The NOE to the residential relocatee contains a determination of eligibility for relocation assistance and a computation of a maximum entitlement based on information provided by the affected household and the analysis of comparable replacement properties undertaken by OPC staff. No lawful occupant will be required to permanently move without having received at least 90 days advance written notice of the earliest date by which the move will be necessary. The 90-day notice will either state a specific date as the earliest date by which the occupant may be required to move or state that the occupant will receive a further notice indicating, at least 60 days in advance, the specific date of the required move. The 90-day notice will not be issued to any residential displacee before a comparable replacement dwelling has been made available. Tenants to be temporarily displaced will be provided with a 30-day notice to vacate and the offer of comparable temporary housing. 447 19 In addition to the three principal notices, OPC staff will issue a timely written notification in the form of a Reminder Notice, which discusses the possible loss of rights and sets the expiration date for the loss of benefits to those persons who: 1) are eligible for monetary benefits, 2) have moved from the acquired property, and 3) have not filed a claim for benefits. Reminder Notices will be issued periodically throughout the qualification period, as appropriate. An attempt shall be made to make written contact with all non-responsive relocatees no later than within the last six months prior to the filing expiration date. B. PRIVACY OF RECORDS All information obtained from displacees is considered confidential and will not be shared without the consent of the displacee or the City, except as may otherwise be required by law. City staff will comply with federal regulations concerning the safeguarding of relocation files and their contents. C. GRIEVANCE PROCEDURES A person who is dissatisfied with a determination as to eligibility for benefits, a payment amount, the failure to provide comparable housing, or the City’s property management practices may file a Relocation Assistance Appeal Form or any other written form of appeal with the City and have the right of administrative review. The City’s appeal policies will follow the standards described in Article 5, Section 6150 et seq., Title 25, Chapter 6, State of California, Department of Housing and Community Development Program guidelines and the City’s Relocation Policy and Procedures Plan. Requests for administrative review and informal hearings will be directed to the City Project Manager, and further review will be by the Community Development Director or Designee. All requests for review will receive written responses from the City within three weeks of their receipt. If an informal appeal is denied, appellants will be entitled to file a written request for a formal hearing before an impartial and independent hearing officer. The appellant does not have to exhaust administrative remedies first; the appeal/grievance can either go directly to the city, directly to HCD or directly to the Court. Any person and/or organization directly affected by the relocation plan may petition the Department of Housing and Community Development (HCD), located at 2020 West El Camino Ave., Sacramento, CA 95833 to review the relocation plan. More detail concerning the appeals process will be provided upon request. Appellants will retain their appeal rights for up to 18 months following the date of displacement from the Project premises or receipt of final payment for relocation benefits, whichever is later. 448 20 D. EVICTION POLICY 1. Eviction may cause the forfeiture of a displacee’s right to relocation assistance or benefits. Relocation records will be documented to reflect the specific circumstances surrounding any eviction action. 2. Eviction may be undertaken for one or more of the following reasons: (a) Failure to pay rent, except in those cases where the failure to pay is due to the owner’s failure to keep the premises in habitable condition, is the result of harassment or retaliatory action, or is the result of discontinuation or a substantial interruption of services; (b) Performance of a dangerous and/or illegal act in the unit; (c) A material breach of the rental agreement and failure upon notification to correct said breach within 30 days of Notice; (d) Maintenance of a nuisance and failure to abate such nuisance upon notification within a reasonable time following Notice; (e) Refusal to accept one of a reasonable number of offers of replacement dwellings; and/or, (f) A requirement under State or local law or emergency circumstances that cannot be prevented by reasonable efforts on the part of the City. E. CITIZEN PARTICIPATION As the process for considering the Project moves forward, the City will observe the following protocol: 1. Provide affected tenants with full and timely access to documents relevant to the relocation program; 2. Encourage meaningful participation in reviewing the relocation plan and monitoring the relocation assistance program; including the Project area occupants, neighborhood groups and community organizations forming a relocation committee; 3. Provide technical assistance necessary to interpret elements of the relocation program; 4. Issue a general notice concerning the availability of the Plan for public review, as required, 30 days prior to its proposed approval; and 5. Include written or oral comments concerning the Plan as an attachment (Exhibit E) when it is forwarded to the City Council for approval. A copy of the approved Plan 449 21 will be forwarded to the California Department of Housing and Community Development (HCD). F. PROJECTED DATE OF DISPLACEMENT The City anticipates that Notices to Vacate will not be issued prior to November 2019. The City has obtained approval to initiate the acquisition and relocation activities at the end of April 2019 and the City anticipates that those activities will be completed by the end of November 2019, with construction to begin shortly after. G. ESTIMATED RELOCATION COSTS The total budget estimate for relocation-related payments for this Project, including a 20% contingency, is $227,000.00. The estimated relocation budget does not include any payments related to property renovations. In addition, the budget does not consider the cost of any services necessary to implement the Plan and complete the relocation element of the Project. If the Project is implemented, and circumstances arise that should change either the number of residential occupants, or the nature of their activity, the City will authorize any additional funds that may need to be appropriated. The City pledges to appropriate, on a timely basis, the funds necessary to ensure the successful completion of the Project, including funds indicated as necessary for LRH as indicated in Section IV, E, of this Plan to meet its obligation under applicable Relocation Laws. 450 EXHIBIT A 451 452 453 EXHIBIT B HUD INCOME LEVELS – RIVERSIDE COUNTY The following figures are approved by the U. S. Department of Housing and Urban Development (HUD) for use in Riverside County to define and determine housing eligibility by income level. Figures are per the Department of Housing and Urban Development (California), updated in April 2018. Area Median Income: $65,800 Family Size Extremely Low Very Low Low 1 Person 14,150 23,600 37,750 2 Person 16,460 27,000 43,150 3 Person 20,780 30,350 48,550 4 Person 25,100 33,700 53,900 5 Person 29,420 36,400 58,250 6 Person 33,740 39,100 62,550 7 Person 38,060 41,800 66,850 8 Person 42,380 44,500 71,150 454 EXHIBIT C Relocation Assistance Informational Statement for Families and Individuals - Mobile Homes (Federal) City of La Quinta Project Name: Dune Palms Road Low Water Crossing Bridge Project City Representative: Overland, Pacific & Cutler, LLC. 2280 Market Street, Suite 200 Riverside, CA 92501 Phone: (951) 683-2353 455 Informational Statement Content: 1. General Information 2. Assistance In Locating A Replacement Dwelling 3. Moving Benefits 4. Replacement Housing Payment – Mobile Home Tenants And Certain Others 5. Section 8 Tenants 6. Replacement Housing Payment – Mobile Home Homeowners 7. Qualification For And Filing Of Relocation Claims 8. Last Resort Housing Assistance 9. Rental Agreement 10. Evictions 11. Appeal Procedures – Grievance 12. Tax Status of Relocation Benefits 13. Legal Presence Requirement 14. Non-Discrimination and Fair Housing 15. Additional Information And Assistance Available Spanish speaking agents are available. Si necesita esta información en español, por favor llame a su agente. 1. GENERAL INFORMATION The dwelling in which you now live is in a project area proposed to be improved by, or financed through, the City using federal funds. If and when the project proceeds, and it is necessary for you to move from your dwelling, you may be eligible for certain benefits. in this event, you will be notified in a timely manner as to the date by which you must move. Please read th is information, as it will be helpful to you in determining your eligibility and the amount of the relocation benefits you may receive under the federal law. You will need to provide adequate and timely information to determine your relocation benefits. The information is voluntary, but if you don’t provide it, you may not receive the benefits or it may take longer to pay you. We suggest you save this informational statement for reference. The City has retained the professional firm of Overland, Pacific & Cutler, LLC. (OPC) to provide relocation assistance to you. The firm is available to explain the program and benefits. Their address and telephone number is listed on the cover. 456 PLEASE DO NOT MOVE PREMATURELY. THIS IS NOT A NOTICE TO VACATE YOUR DWELLING. However, if you desire to move sooner than required, you must contact your agent at Overland, Pacific & Cutler, LLC., so you will not jeopardize any benefits. This is a general informational brochure only, does not constitute legal advice to you, and is not intended to give a detailed description of either the law or regulations pertaining to the City’s relocation assistance program. Please continue to pay your rent to your current landlord, otherwise you may be evicted and jeopardize the relocation benefits to which you may be entitled to receive. Once the City acquires the property, you will also be required to pay rent to the City. 2. ASSISTANCE IN LOCATING A REPLACEMENT DWELLING The City, through its representatives, will assist you in locating a comparable replacement dwelling by providing referrals to appropriate and available housing units. You are encouraged to actively seek such housing yourself. When a suitable replacement dwelling unit has been found, your relocation agent will carry out an inspection and advise you as to whether the dwelling unit meets decent, safe and sanitary housing requirements. A decent, safe and sanitary housing unit provides adequate space for its occupants, proper weatherproofing and sound heating, electrical and plumbing systems. Your new dwelling must pass inspection before relocation assistance payments can be authorized. 3. MOVING BENEFITS If you must move as a result of displacement by the City, you will receive a payment to assist in moving your personal property. The actual, reasonable and necessary expenses for moving your household belongings may be determined based on the following methods: • A Fixed Moving Payment based on the number of rooms you occupy (see below); or • A payment for your Actual Reasonable Moving and Related Expenses based on at least two written estimates and receipted bills; or • A combination of both (in some cases). For example, you may choose a Self-Move, receiving a payment based on the Fixed Residential Moving Cost Schedule shown below, plus contract with a professional mover to transport your grand piano and/or other items that require special handling. In this case, there may be an adjustment in the number of rooms which qualify under the Fixed Residential Moving Cost Schedule. 457 A. Fixed Moving Payment (Self Move) A Fixed Moving Payment is based upon the number of rooms you occupy and whether or not you own your own furniture. The payment is based upon a schedule approved by the City, and ranges, for example, from $475.00 for one furnished room to $2,505.00 for eight rooms in an unfurnished dwelling. (For details see the table). Your relocation agent will inform you of the amount you are eligible to receive, if you choose this type of payment. If you select a fixed payment, you will be responsible for arranging for your own move, and the City will assume no liability for any loss or damage of your personal property. A fixed payment also includes utility hook-ups and other related moving fees. B. Actual Moving Expense (Commercial Move) If you wish to engage the services of a licensed commercial mover and have the City pay the bill, you may claim the ACTUAL cost of moving your personal property up to 50 miles. At least two competitive moving bids will be required. Your relocation agent can assist you in developing a “mover” scope of services for City approval. 4. MOBILE HOME TENANTS AND CERTAIN OTHERS - REPLACEMENT HOUSING PAYMENT You may be eligible for a payment up to $7,200.00 to assist in renting or purchasing a comparable replacement dwelling. In order to qualify, you must either be a tenant or owner who has occupied the present dwelling for at least 90 days immediately prior to the initiation of negotiations. A. Rental Assistance. If you wish to rent your replacement dwelling, your maximum rental assistance benefits will be based upon the difference over a forty-two (42) month period between the rent you must pay for a comparable replacement dwelling and the lesser of your current rent or thirty percent (30%) of your monthly household income if your total gross income is classified as “low income” by the U. S. Department of Housing and Urban Development’s (HUD) Annual Survey of Income Limits for Public Housing and Section 8 Programs. You will be required to provide your relocation agent with monthly rent and household income verification prior to the determination of your eligibility for this payment. Fixed Moving Schedule CALIFORNIA (Effective 2015) Occupant Owns Furniture: 1 room $725 2 rooms $930 3 rooms $1,165 4 rooms $1,375 5 rooms $1,665 6 rooms $1,925 7 rooms $2,215 8 rooms $2,505 Each additional room $265 Occupant does NOT Own Furniture: 1 room $475 Each additional room $90 458 - OR – B. Down-payment Assistance. If you qualify, and wish to purchase a home as a replacement dwelling, you can apply up to the total amount of your rental assistance payment towards the down-payment and non-recurring incidental expenses. Your relocation agent will clarify procedures necessary to apply for this payment. 5. SECTION 8 TENANTS If you do move, you may be eligible to transfer your Section 8 eligibility to a replacement site. In such cases, a comparable replacement dwelling will be determined based on your family composition at the time of displacement and the current housing program criteria. This may not be the size of the unit you currently occupy. Your relocation agent will provide counseling and other advisory services along with moving benefits. 6. MOBILE HOME HOMEOWNERS - REPLACEMENT HOUSING & MOVING PAYMENTS A. Replacement Housing Option - If you own and occupy a mobile home to be purchased by the City for at least 90 days prior to the initiation of negotiation, you may be eligible to receive a payment of up to $31,000.00 to assist you in purchasing a comparable replacement unit. This payment is intended to cover the following items: 1. Purchase Price Differential - An amount which, when added to the amount for which the City purchased your mobile home, equals the lesser of the actual cost of your replacement dwelling; or the amount determined by the City as necessary to purchase a comparable replacement dwelling. Your relocation agent will explain both methods to you. 2. Mortgage Interest Differential - The amount which covers the increased interest costs, if any, required to finance a replacement dwelling. Your relocation agent will explain limiting conditions. 3. Incidental Expenses - Those one time incidental costs related to purchasing a replacement unit, such as escrow fees, recording fees, and credit report fees. Recurring expenses such as prepaid taxes and insurance premiums are not compensable. B. Rental Assistance Option - If you are an owner-occupant and choose to rent rather than purchase a replacement dwelling, you may be eligible for a rental assistance payment of up to the amount that you could have received under the Purchase Price Differential, explained above. The payment will be based on the difference between the fair market rent of the 459 dwelling you occupy and the rent you must pay for a comparable replacement dwelling. If you receive a rental assistance payment, as described above, and later decide to purchase a replacement dwelling, you may apply for a payment equal to the amount you would have received if you had initially purchased a comparable replacement dwelling, less the amount you have already received as a rental assistance payment. C. Space Rent Differential - If you decide to purchase another mobile home or move your mobile home, you may be eligible for additional assistance to cover any increased space rent at the facility to which you relocate. Your maximum rental assistance benefits will be based upon the difference over a forty-two (42) month period between the rent and estimated utilities you must pay for a comparable replacement dwelling (as determined by the City and the lesser of your current rent and average utilities or thirty percent (30%) of your gross monthly household income (if your household income is classified as “low income” by the U. S. Department of Housing and Urban Development’s Annual Survey of Income Limits for the Public Housing and Section 8 Programs.) This space rent differential payment may be used to lease a replacement site; may be applied to the purchase price of a replacement site; or may be applied, with any replacement housing payment attributable to the mobile home, to the purchase of a replacement mobile home or conventional “decent, safe and sanitary” dwelling. D. Moving Option - If your coach is movable and you elect to have the City move your coach to another park, the City will pay for the following: 1. Preparation of your coach for moving; 2. Transport of your coach to a new site (within 50 miles); 3. Set-up of your coach at the new location (including code required modifications such as earthquake strapping); 4. Reconstruction or reinstallation of all appurtenances such as porches, awnings and/or storage buildings; which are not acquired; 5. Payment of all fees for reinstallation; 6. Space Rent Differential, as described above; and 7. Other expenses which the City deems to be reasonable and necessary. NOTE: The cost of replacing landscaping and hardscape improvements is not covered. 7. QUALIFICATION FOR, AND FILING OF, RELOCATION CLAIMS To be eligible for a replacement housing payment described above, you must purchase or rent and occupy a decent, safe and sanitary replacement dwelling within 12 months from the later of the following dates: 460 1) the date the City has paid the Acquisition cost of your current dwelling, or 2) the date the first comparable replacement dwelling referral has been made available to you. You must also file all claims for replacement housing or moving payments within 18 months from the later of the following dates: 1) the date which you moved from your displacement dwelling, or 2) the date the City has paid the Acquisition cost of your current dwelling. Failure to occupy the replacement dwelling or to submit claims within the above time limits could result in loss of moving and/or replacement housing benefits. 8. LAST RESORT HOUSING ASSISTANCE If comparable replacement dwellings are not available when you are required to move, or if replacement housing is not available within the monetary limits described above, the City will provide Last Resort Housing assistance to enable you to rent or purchase a replacement dwelling on a timely basis. Last Resort Housing assistance is based on the individual circumstances of the displaced person. Your relocation agent will explain the process for determining whether or not you qualify for Last Resort assistance. If you are a tenant, and you choose to purchase rather than rent a comparable replacement dwelling, the entire amount of your rental assistance and Last Resort eligibility must be applied toward the down-payment and eligible incidental expenses of the home you intend to purchase. 9. RENTAL AGREEMENT As a result of the City action to purchase the property where you live, you may become a tenant of the City. If this occurs, you will be asked to sign a rental agreement which will specify the monthly rent to be paid, when rent payments are due, where they are to be paid and other pertinent information. 10. EVICTIONS Eviction for cause must conform to applicable State and local law. Any person who occupies the real property and is not in unlawful occupancy on the date of initiation of negotiations, is presumed to be entitled to relocation benefits, unless the City determines that: 461 • The person received an eviction notice prior to the initiation of negotiations and, as a result, was later evicted; or • The person is evicted after the initiation of negotiations for serious or repeated violation of material terms of the lease; and • The eviction was not undertaken for the purpose of evading relocation assistance regulations. Except for the causes of eviction set forth above, no person lawfully occupying property to be purchased by the City will be required to move without having been provided with at least 90 days written notice from the City. 11. APPEAL PROCEDURES - GRIEVANCE Any person aggrieved by a determination as to eligibility for, or the amount of, a payment authorized by the City Relocation Assistance Program may have the appeal application reviewed by the City in accordance with its appeals procedure. Complete details on appeal procedures are available upon request from the City. 12. TAX STATUS OF RELOCATION BENEFITS California Government Code Section 7269 indicates no relocation payment received shall be considered as income for the purposes of the Personal Income Tax Law, Part 10 (commencing with Section 170 01) of Division 2 of the Revenue and Taxation Code, or the Bank and Corporation Tax law, Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code. Furthermore, federal regulations (49 CFR Part 24, Section 24.209) also indicate that no payment received under this part (Part 24) shall be considered as income for the purpose of the Internal Revenue Code of 1954, which has been re-designated as the Internal Revenue Code of 1986. The preceding statement is not tendered as legal advice in regard to tax consequences, and displacees should consult with their own tax advisor or legal counsel to determine the current status of such payments. (IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting marketing or recommending to another party any matters addressed herein) 13. LAWFUL PRESENCE REQUIREMENT In order to be eligible to receive relocation benefits in federally-funded relocation projects, all members of the household to be displaced must provide information regarding their lawful presence in the United States. Any member of the household who is not lawfully present in the United States or declines to provide this information may be denied relocation benefits, unless 462 such ineligibility would result in an exceptional and extremely unusual hardship to the alien’s spouse, parent, or child, any of whom is a citizen or an alien admitted for permanent residence. Exceptional and extremely unusual hardship is defined as significant and demonstrable adverse impact on the health or safety, continued existence of the family unit, and any other impact determined by the City to negatively affect the alien’s spouse, parent or child. Relocation benefits will be prorated to reflect the number of household members with certified lawful presence in the US. For this Project, the City has determined it will fund eligible payments for persons otherwise eligible for them, except for residency status, firm non-federal funds. Your relocation agent can explain this more fully. 14. NON-DISCRIMINATION AND FAIR HOUSING No person shall on the grounds of race, color, national origin or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under the City relocation assistance program pursuant to Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, and other applicable state and federal anti-discrimination and fair housing laws. You may file a complaint if you believe you have been subjected to discrimination. For details contact the City. 15. ADDITIONAL INFORMATION AND ASSISTANCE AVAILABLE Those responsible for providing you with relocation assistance hope to assist you in every way possible to minimize the hardships involved in relocating to a new home. Your cooperation will be helpful and greatly appreciated. If you have any questions at any time during the process, please do not hesitate to contact your relocation agent at Overland, Pacific & Cutler. 463 EXHIBIT D Relocation Assistance Informational Statement for Families and Individuals (Federal) City of La Quinta Project Name: Dune Palms Road Low Water Crossing Bridge Project City Representative: Overland, Pacific & Cutler, LLC 2280 Market Street, Suite 200 Riverside, CA 92501 Phone: (951) 683-2353 Informational Statement Content: 464 1. General Information 2. Assistance In Locating A Replacement Dwelling 3. Moving Benefits 4. Replacement Housing Payment - Tenants And Certain Others 5. Section 8 Tenants 6. Replacement Housing Payment – Homeowners 7. Qualification For And Filing Of Relocation Claims 8. Last Resort Housing Assistance 9. Rental Agreement 10. Evictions 11. Appeal Procedures – Grievance 12. Tax Status of Relocation Benefits 13. Legal Presence Requirement 14. Non-Discrimination and Fair Housing 15. Additional Information And Assistance Available Spanish speaking agents are available. Si necesita esta información en español, por favor llame a su agente. 1. GENERAL INFORMATION The dwelling in which you now live is in a project area that may be improved by, or financed through, the City of La Quinta using federal funds. If and when the project proceeds, and it is necessary for you to move from your dwelling, you may be eligible for certain benefits. You will be notified in a timely manner as to the date by which you must move. Please read this information, as it will be helpful to you in determining your eligibility and the amount of the relocation benefits you may receive under the federal law. You will need to provide adequate and timely information to determine your relocation benefits. The information is voluntary, but if you don’t provide it, you may not receive the benefits or it may take longer to pay you. We suggest you save this informational statement for reference. The Displacing Agency has retained the professional firm of Overland, Pacific & Cutler, LLC (OPC) to provide relocation assistance to you. The firm is available to explain the program and benefits. Their address and telephone number is listed on the cover. PLEASE DO NOT MOVE PREMATURELY. THIS IS NOT A NOTICE TO VACATE YOUR DWELLING. However, if you desire to move sooner than required, you must contact your representative with OPC, so you will not jeopardize any benefits. This is a general informational brochure only, and is not intended to give a detailed description of either the law or regulations pertaining to the Displacing Agency’s relocation assistance program. 465 Please continue to pay your rent to your current landlord, otherwise you may be evicted and jeopardize the relocation benefits to which you may be entitled to receive. Once the Displacing Agency acquires the property, you will also be required to pay rent to the Displacing Agency. 2. ASSISTANCE IN LOCATING A REPLACEMENT DWELLING The Displacing Agency, through its representatives, will assist you in locating a comparable replacement dwelling by providing referrals to appropriate and available housing units. You are encouraged to actively seek such housing yourself. When a suitable replacement dwelling unit has been found, your relocation agent will carry out an inspection and advise you as to whether the dwelling unit meets decent, safe and sanitary housing requirements. A decent, safe and sanitary housing unit provides adequate space for its occupants, proper weatherproofing and sound heating, electrical and plumbing systems. Your new dwelling must pass inspection before relocation assistance payments can be authorized. 3. MOVING BENEFITS If you must move as a result of displacement by the Displacing Agency, you will receive a payment to assist in moving your personal property. The actual, reasonable and necessary expenses for moving your household belongings may be determined based on the following methods: • A Fixed Moving Payment based on the number of rooms you occupy (see below); or • A payment for your Actual Reasonable Moving and Related Expenses based on at least two written estimates and receipted bills; or • A combination of both (in some cases). For example, you may choose a Self-Move, receiving a payment based on the Fixed Residential Moving Cost Schedule shown below, plus contract with a professional mover to transport your grand piano and /or other items that require special handling. In this case, there may be an adjustment in the number of rooms which qualify under the Fixed Residential Moving Cost Schedule. 466 A. Fixed Moving Payment (Self-Move) A Fixed Moving Payment is based upon the number of rooms you occupy and whether or not you own your own furniture. The payment is based upon a schedule approved by the Displacing Agency, and ranges, for example, from $450.00 for one furnished room to $2,365.00 for eight rooms in an unfurnished dwelling. (For details see the table). Your relocation agent will inform you of the amount you are eligible to receive, if you choose this type of payment. If you select a fixed payment, you will be responsible for arranging for your own move, and the Displacing Agency will assume no liability for any loss or damage of your personal property. A fixed payment also includes utility hook-ups and other related moving fees. C. Actual Moving Expense (Commercial Move) If you wish to engage the services of a licensed commercial mover and have the Displacing Agency pay the bill, you may claim the ACTUAL cost of moving your personal property up to 50 miles. Two competitive moving bids will be required. Your relocation agent will assist you in developing a “mover” scope of services for Displacing Agency approval. 4. REPLACEMENT HOUSING PAYMENT – TENANTS AND CERTAIN OTHERS You may be eligible for a payment up to $7,200.00 to assist in renting or purchasing a comparable replacement dwelling. In order to qualify, you must either be a tenant or owner who has occupied the present dwelling for at least 90 days immediately prior to the initiation of negotiations. A. Rental Assistance. If you wish to rent your replacement dwelling, your maximum rental assistance benefits will be based upon the difference over a forty-two (42) month period between the rent you must pay for a comparable replacement dwelling and the lesser of your current rent or thirty percent (30%) of your monthly household income if your total gross income is classified as “low income” by the U. S. Department of Housing and Urban Fixed Moving Schedule CALIFORNIA (Effective 2012) Occupant Owns Furniture: 1 room $685 2 rooms $880 3 rooms $1,100 4 rooms $1,295 5 rooms $1,570 6 rooms $1,815 7 rooms $2,090 8 rooms $2,365 Each additional room $250 Occupant does NOT Own Furniture: 1 room $450 Each additional room $85 467 Development’s (HUD) Annual Survey of Income Limits for Public Housing and Section 8 Programs. You will be required to provide your relocation agent with monthly rent and household income verification prior to the determination of your eligibility for this payment. - OR – B. Down-payment Assistance. If you qualify, and wish to purchase a home as a replacement dwelling, you can apply up to the total amount of your rental assistance payment towards the down-payment and non-recurring incidental expenses. Your relocation agent will clarify procedures necessary to apply for this payment. 5. SECTION 8 TENANTS If you do move, you may be eligible to transfer your Section 8 eligibility to a replacement site. In such cases, a comparable replacement dwelling will be determined based on your family composition at the time of displacement and the current housing program criteria. This may not be the size of the unit you currently occupy. Your relocation agent will provide counseling and other advisory services along with moving benefits. 6. REPLACEMENT HOUSING PAYMENT - HOMEOWNERS A. If you own and occupy a dwelling to be purchased by the Displacing Agency for at least 90 days prior to the initiation of negotiation, you may be eligible to receive a payment of up to $31,000.00 to assist you in purchasing a comparable replacement unit. This payment is intended to cover the following items: 1. Purchase Price Differential - An amount which, when added to the amount for which the Displacing Agency purchased your property, equals the lesser of the actual cost of your replacement dwelling; or the amount determined by the Displacing Agency as necessary to purchase a comparable replacement dwelling. Your relocation agent will explain both methods to you. 2. Mortgage Interest Differential - The amount which covers the increased interest costs, if any, required to finance a replacement dwelling. Your relocation agent will explain limiting conditions. 3. Incidental Expenses - Those one time incidental costs related to purchasing a replacement unit, such as escrow fees, recording fees, and credit report fees. Recurring expenses such as prepaid taxes and insurance premiums are not compensable. 468 B. Rental Assistance Option - If you are an owner-occupant and choose to rent rather than purchase a replacement dwelling, you may be eligible for a rental assistance payment of up to the amount that you could have received under the Purchase Price Differential, explained above. The payment will be based on the difference between the fair market rent of the dwelling you occupy and the rent you must pay for a comparable replacement dwelling. If you receive a rental assistance payment, as described above, and later decide to purchase a replacement dwelling, you may apply for a payment equal to the amount you would have received if you had initially purchased a comparable replacement dwelling, less the amount you have already received as a rental assistance payment. 7. QUALIFICATION FOR, AND FILING OF, RELOCATION CLAIMS To qualify for a Replacement Housing Payment, you must rent or purchase and occupy a comparable replacement unit within one year from the following: • For a tenant, the date you move from the displacement dwelling. • For an owner-occupant, the latter of: a. The date you receive final payment for the displacement dwelling, or, in the case of condemnation, the date the full amount of estimated just compensation is deposited in court; or b. The date the Displacing Agency fulfills its obligation to make available comparable replacement dwellings. All claims for relocation benefits must be filed with the Displacing Agency within eighteen (18) months from the date on which you receive final payment for your property, or the date, on which you move, whichever is later. 8. LAST RESORT HOUSING ASSISTANCE If comparable replacement dwellings are not available when you are required to move, or if replacement housing is not available within the monetary limits described above, the Displacing Agency will provide appropriate Last Resort Housing assistance to enable you to rent or purchase a replacement dwelling on a timely basis. Last Resort Housing assistance is based on the individual circumstances of the displaced person. Your relocation agent will explain the process for determining whether or not you qualify for Last Resort assistance. 469 If you are a tenant, and you choose to purchase rather than rent a comparable replacement dwelling, the entire amount of your rental assistance and Last Resort eligibility must be applied toward the down-payment and eligible incidental expenses of the home you intend to purchase. 9. RENTAL AGREEMENT As a result of the Displacing Agency's action to purchase the property where you live, you may become a tenant of the Displacing Agency. If this occurs, you will be asked to sign a rental agreement which will specify the monthly rent to be paid, when rent payments are due, where they are to be paid and other pertinent information. 10. EVICTIONS Eviction for cause must conform to applicable State and local law. Any person who occupies the real property and is not in unlawful occupancy on the date of initiation of negotiations, is presumed to be entitled to relocation benefits, unless the Displacing Agency determines that: • The person received an eviction notice prior to the initiation of negotiations and, as a result, was later evicted; or • The person is evicted after the initiation of negotiations for serious or repeated violation of material terms of the lease; and • The eviction was not undertaken for the purpose of evading relocation assistance regulations. Except for the causes of eviction set forth above, no person lawfully occupying property to be purchased by the Displacing Agency will be required to move without having been provided with at least 90 days written notice from the Displacing Agency. 11. APPEAL PROCEDURES - GRIEVANCE Any person aggrieved by a determination as to eligibility for, or the amount of, a payment authorized by the Displacing Agency’s Relocation Assistance Program may have the appeal application reviewed by the Displacing Agency in accordance with its appeals procedure. Complete details on appeal procedures are available upon request from the Displacing Agency. 12. TAX STATUS OF RELOCATION BENEFITS 470 California Government Code Section 7269 indicates no relocation payment received shall be considered as income for the purposes of the Personal Income Tax Law, Part 10 (commencing with Section 170 01) of Division 2 of the Revenue and Taxation Code, or the Bank and Corporation Tax law, Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code. Furthermore, federal regulations (49 CFR Part 24, Section 24.209) also indicate that no payment received under this part (Part 24) shall be considered as income for the purpose of the Internal Revenue Code of 1954, which has been re-designated as the Internal Revenue Code of 1986. The preceding statement is not tendered as legal advice in regard to tax consequences, and displacees should consult with their own tax advisor or legal counsel to determine the current status of such payments. (IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax -related penalties under the Internal Revenue Code or (ii) promoting marketing or recommending to another party any matters addressed herein) 13. LAWFUL PRESENCE REQUIREMENT In order to be eligible to receive relocation benefits in federally-funded relocation projects, all members of the household to be displaced must provide information regarding their lawful presence in the United States. Any member of the household who is not lawfully present in the United States or declines to provide this information may be denied relocation benefits, unless such ineligibility would result in an exceptional and extremely unusual hardship to the alien’s spouse, parent, or child, any of whom is a citizen or an alien admitted for permanent residence. Exceptional and extremely unusual hardship is defined as significant and demonstrable adverse impact on the health or safety, continued existence of the family unit, and any other impact determined by the Displacing Agency to negatively affect the alien’s spouse, parent or child. Relocation benefits will be prorated to reflect the number of household members with certified lawful presence in the US. For this Project, the City has determined it will fund eligible payments for persons otherwise eligible for them, except for residency status, firm non-federal funds. Your relocation agent can explain this more fully. 14. NON-DISCRIMINATION AND FAIR HOUSING No person shall on the grounds of race, color, national origin or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under the Displacing Agency’s relocation assistance program pursuant to Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, and other applicable state and federal anti-discrimination and 471 fair housing laws. You may file a complaint if you believe you have been subjected to discrimination. For details contact the Displacing Agency. 15. ADDITIONAL INFORMATION AND ASSISTANCE AVAILABLE Those responsible for providing you with relocation assistance hope to assist you in every way possible to minimize the hardships involved in relocating to a new home. Your cooperation will be helpful and greatly appreciated. If you have any questions at any time during the process, please do not hesitate to contact your relocation agent at OPC. 472 EXHIBIT E Relocation Assistance Informational Statement For Business, Farm & Nonprofit City of La Quinta Project Name: Dune Palms Road Low Water Crossing Bridge Project City Representative: Overland, Pacific & Cutler, LLC. 2280 Market Street, Suite 200 Riverside, CA 92501 Phone: (951) 683-2353 Spanish speaking agents are available. Si necesita esta información en español, por favor llame a su agente. 473 Introduction The property on which you now conduct your business is in an area proposed to be improved by, or financed through, the City of La Quinta (City) using federal funds. If and when the project proceeds, and it is necessary for you to move your business, you may be eligible for certain benefits. You will be notified in a timely manner as to the date by which you must move. Please read this information, as it will be helpful to you in determining your eligibility and the amount of the relocation benefits you may receive under the law. You will need to provide adequate and timely information to determine your relocation benefits. The information is voluntary, but if you don’t provide it, you may not receive the benefits or it may take longer to pay you. We suggest you save this informational statement for reference. The City has retained the professional firm of Overland, Pacific & Cutler, LLC. (OPC) to provide relocation assistance to you. The firm is available to explain the program and benefits. Their address and telephone number is listed on the cover. PLEASE DO NOT MOVE PREMATURELY. THIS IS NOT A NOTICE TO VACATE THE PROPERTY. However, if you desire to move sooner than required, you must contact your relocation agent at Overland, Pacific & Cutler, LLC., so you will not jeopardize any benefits. This is a general informational brochure only, and is not intended to give a detailed description of either the law or regulations pertaining to the City relocation assistance program. Please continue to pay your rent to your current landlord, otherwise you may be evicted and jeopardize the relocation benefits to which you may be entitled to receive. Once the City acquires the property, you will also be required to pay rent to the City. Summary of Available Relocation Assistance: A. Advisory assistance to explain the relocation process, the related eligibility requirements, the procedures for obtaining reimbursement for moving expenses and referrals to suitable replacement locations B. Payment for your moving expenses. You may receive one of the following options: Option 1: A Payment for Actual Reasonable Moving and Related Expenses; or Option 2: A Fixed Payment In Lieu of a Payment for Actual Moving and Related Expenses 474 C. Other help to reestablish your business and minimize the impact of the move including help in preparing claim forms to request relocation payments. If you disagree with the City decision as to your right to a relocation payment, or the amount of the payment, you may appeal that decision. GENERAL RELOCATION QUESTIONS 1. How Will I Know I Am Eligible for Relocation Assistance? Ordinarily, eligibility begins on the date the owner of the property receives the City’s initial written offer to purchase the property. Therefore, you should not move before that date or receiving a notice of eligibility. If you do, you may not be eligible for relocation assistance. 2. How Will the City Know How Much Help I Need? You will be contacted at an early date and personally interviewed by an agent of the City. The interviewer will want to get information about your current operation, as well as identify movable personal property and non-movable improvements, determine your needs and preferences for a replacement location, estimate the time required to vacate the premises and your need for advance payments. During the interview, you may want to discuss other issues relative to your move. It is to your advantage to provide as much information as possible so that the City, through its relocation agent, can assist you in moving with a minimum of hardship. The information you give will be kept in confidence. 3. How Soon Will I Have to Move? Every reasonable effort will be made to provide you with sufficient time to find a suitable replacement location and reestablish your business. If possible, a mutually agreeable date for the move will be worked out. Unless there is an urgent need for the property (e.g., your occupancy would present a health or safety emergency), you will not be required to move without at least 90 days advance written notice. It is important, however, that you keep in close contact with the City so that you are aware of the time schedule for carrying out the project and the approximate date by which you will have to move. 475 4. I Own the Property. Will I Be Paid for It Before I Have to Move? If you reach a voluntary agreement to sell your property to the City, you will not be required to move before you receive the agreed purchase price. If the property is acquired through an eminent domain proceeding, you cannot be required to move before the estimated fair market value of the property has been deposited with the court. (You should be able to withdraw this amount immediately, less any amounts necessary to pay off any mortgage or other liens on the property and to resolve any special ownership problems. Withdrawal of your share of the money will not affect your right to seek additional compensation for your property, but may affect other legal rights). 5. Will I Have to Pay Rent to the City Before I Move? You may be required to pay a fair rent to the City for the period between the acquisition of your property and the date that you move. Your rent and the terms of your tenancy will be generally the same as in the prior arrangement. 6. How Will I Find a Replacement Location? Your relocation agent will provide you with current and continuing information on available replacement locations that meet your needs. You will also be provided with the names of local real estate agents and brokers who can assist you in finding the type of replacement location you require. However, you are urged to take an active role in identifying, and relocating to, a location of your choice. No one knows your needs better than you do. You will want a facility that provides sufficient space for your planned activities. You will also want to ensure that there are no zoning or other requirements which will unduly restrict your planned operations. Your relocation agent will explain which kind of moving costs are eligible for reimbursement and which are not eligible. That will enable you to carry out your move in the most advantageous manner. 7. What Other Assistance Will Be Available to Help Me? In addition to help in finding a suitable replacement location, your relocation agent will help you secure the services of outside specialists, as necessary, to plan the move, as well as provide assistance during the actual move and in the reinstallation of machinery and/or other personal property. The range of services depends on the needs of the business being displaced. You 476 should ask the City relocation agent to tell you about the specific services that will be available to you. 8. I Have a Replacement Location and Want to Move. What Should I Do? Before you make any arrangements to move, notify the City relocation agent, in writing, of your intention to move. This should be done at least 30 days before the date you begin your move. The City will discuss the move with you and advise you of the relocation payment(s) for which you may be eligible, the requirements to be met, and how to obtain a payment. 9. I Plan to Discontinue My Business Rather than Move. What Should I Do? If you have decided to discontinue your business rather than reestablish it, you may still be eligible to receive a relocation payment, though discontinuing the business may impact other claims for compensation you may be eligible to make in other contexts. Contact the City relocation agent and discuss your decision to discontinue your business. You will be informed of the payment, if any, for which you may be eligible, the requirements to be met, and how to obtain your payment. 10. What Kinds of Payments for Moving Expenses Will I Receive? Every business is eligible for a relocation payment to cover the reasonable cost of moving. Assuming you meet certain eligibility criteria, you may choose one of the following options: Option 1: A Payment for Actual Reasonable Moving and Related Expenses; or Option 2: A Fixed Payment In Lieu of Moving and Related Expenses These payment options are described below: Option 1: Payment for Actual Reasonable Moving and Related Expenses If you choose a Payment for Actual Reasonable Moving and Related Expenses, you may claim the cost of: 477 1. Transportation of personal property. Transportation costs for a distance beyond 50 miles are not eligible, unless the City determines that relocation beyond 50 miles is justified. 2. Packing, crating, unpacking, and uncrating of the personal property. 3. Disconnecting, dismantling, removing, reassembling, and reinstalling relocated machinery, equipment, and other personal property, and certain substitute personal property. This includes connection to utilities available within the building. It also includes modifications to the personal property, including those mandated by Federal, State or local law, code or ordinance, necessary to adapt it to the replacement structure, the replacement site, or the utilities at the replacement site, and modifications necessary to adapt the utilities at the replacement site to the personal property. 4. Storage of the personal property determined to be necessary by the City, not to exceed 12 months, unless the City determines that a longer period is warranted. 5. Insurance for the replacement value of the personal property in connection with the move and necessary storage. 6. The replacement value of property lost, stolen or damaged in the process of moving (not through fault or negligence of the displaced person, his or her agent or employee), where insurance covering such loss, theft or damage is not reasonably available. 7. Any license, permit, fees or certification required of your business at the replacement location. However, the payment may be based on the remaining useful life of the existing license, permit, fees or certification. 8. Reasonable and preauthorized (by the City) professional services, the City determines to be necessary for (i) planning the move of the personal property, (ii) moving the personal property, and (iii) installing the relocated personal property at the replacement location. 9. Re-lettering signs and replacing stationary on hand at the time of displacement that is made obsolete as a result of the move. 10. Actual direct loss of tangible personal property incurred as a result of moving or discontinuing your business. The payment will consist of the lesser of: 478 (i) The fair market value in place of the item, as is for continued use at the displacement site, less the proceeds from its sale. (To be eligible for payment, you must make a good faith effort to sell the personal property, unless the City determines that such effort is not necessary. When payment for property loss is claimed for goods held for sale, the fair market value will be based on the cost of the goods to the business, not the potential selling price.); or (ii) The estimated cost of moving the item as is, but with no allowance for storage; or for reconnecting a piece of equipment if the equipment is in storage or not being used at the acquired site. (If you elect to discontinue your business, the estimated cost will be based on a moving distance of 50 miles.) 11. Purchase of substitute personal property. If an item of personal property which is used as part of your business is not moved but is promptly replaced with a substitute item that performs a comparable function at the replacement site, you will be entitled to payment for the lesser of: (i) The cost of the substitute item, including installation costs at the replacement site, minus any proceeds from the sale or trade-in of the replaced item; or (ii) The estimated cost of moving and reinstalling the replaced item but with no allowance for storage. At the City discretion, the estimated cost for a low cost or uncomplicated move may be based on a single bid or estimate. 12. The reasonable cost incurred in attempting to sell an item that is not to be relocated. 13. Searching for a replacement location. Your business is entitled to reimbursement for actual expenses, not to exceed $2,500 as the City determines to be reasonable, which are incurred in searching for a replacement location including: i) Transportation ii) Meals and lodging away from home iii) Time spent searching, based on reasonable salary or earnings 479 iv) Fees paid to a real estate agent or broker to locate a replacement site, exclusive of any fees or commissions related to the purchase of such site v) Time spent in obtaining permits and attending zoning hearings; and vi) Time spent negotiating the purchase of a replacement site based on a reasonable salary or earnings. 14. When the personal property to be moved is of low value and high bulk, and the cost of moving the property would be disproportionate to its value in the judgment of the City, the allowable moving cost payment shall not exceed the lesser of: the amount which would be received if the property were sold at the site or the replacement cost of a comparable quantity delivered to the new business location. 15. Other related moving expenses as the City determines to be reasonable and necessary, including: i) Connection to available nearby utilities from the right-of-way to improvements at the replacement site. ii) Pre-approved professional services performed prior to the purchase or lease of a replacement site to determine its suitability for your business operation, including but not limited to soil testing, feasibility and marketing studies (excluding any fees or commissions directly related to the purchase or lease of such site). At the City discretion, a reasonable pre-approved hourly rate may be established. iii) Impact fees or one-time assessments for anticipated heavy utility usage, as determined by the City. The City relocation agent will explain all eligible moving costs, as well as, those which are not eligible. You must be able to account for all costs that you incur, so keep all your receipts. The City will inform you of the documentation needed to support your claim. You may minimize the amount of documentation needed to support your claim, if you elect to "self-move" your property. Payment for a self-move is based on the amount of an acceptable low bid or estimate obtained by the City. If you self-move, you may move your personal property using your own employees and equipment or a commercial mover. If you and the City cannot agree on an acceptable amount to cover the cost of the self-move, you will have to submit full documentation in support of your claim. 480 You may elect to pay your moving costs yourself and be reimbursed by the City or, if you prefer, you may have the City pay the mover directly. In either case, let the City relocation agent know before you move. The City agent can help you select a reliable and reputable mover. When a payment for "actual direct loss of personal property" or "substitute personal property" is made for an item, the estimated cost of moving the item may be based on the lowest acceptable bid or estimate obtained by the City. If not sold or traded-in, the item must remain at the old location and ownership of the item must be transferred to the City before you may receive the payment. In addition to the reimbursable expenses described above, a small business, farm or non-profit organization may be eligible to receive a payment of up to $25,000 for expenses actually incurred in relocating and reestablishing its operation at a replacement site. Eligible expenses must be reasonable and necessary, as determined by the City. They may include but are not limited to the following: 1. Repairs or improvements to the replacement real property as required by federal, state or local law, code or ordinance. 2. Modifications to the replacement property to accommodate the business operation or make replacement structures suitable for conducting the business. 3. Construction and Installation costs for exterior signage to advertise the business. 4. Redecoration or replacement of soiled or worn surfaces at the replacement site, such as paint, paneling or carpeting. 5. Advertising of replacement location. 6. Estimated increased costs of operation during the first 2 years at the replacement site, for such items as: a. Lease or rental charges b. Personal or real property taxes 481 c. Insurance premiums, and d. Utility charges (excluding Impact fees) 7. Other items that the City considers essential to the reestablishment of the business. The following is a non-exclusive listing of reestablishment expenditures not considered to be reasonable, necessary or otherwise eligible: ▪ Purchase of capital assets, such as, office furniture, filing cabinets, and machinery or trade fixtures. ▪ Purchase of manufacturing materials, production supplies, product inventory, or other items used in the normal course of the business operation. ▪ Interest costs associated with any relocation expense or the purchase of replacement property. ▪ Payment to a part-time business in the home which does not contribute materially to the household income. Option 2: Fixed Payment In Lieu of a Payment for Actual Reasonable Moving and Related Expenses A displaced business, non-profit organization or farm may be eligible to choose a fixed payment in lieu of the payments for actual moving and related expenses and actual reasonable reestablishment expenses. The payment may not be less than $1,000.00 or more than $40,000.00. For a business or farm, the payment is based on the average annual net earnings before Federal, State and local income taxes during the 2 taxable years immediately prior to the taxable year in which it was displaced. For a non-profit organization, the payment is based on the average of 2 years annual gross revenues less administrative expenses. In order to qualify for this payment, the City must determine that: 1. The business owns or rents personal property which must be moved in connection with the displacement and for which an expense would be incurred in such move, and the business vacates or relocates from its displacement site. 2. The business cannot be relocated without a substantial loss of existing patronage (clientele or net earnings). 482 3. The business is not a part of a commercial enterprise having more than three other entities which are not being acquired by the City, and which are engaged in the same or similar business activities. 4. The business is not operated at the displacement dwelling/site solely for the purpose of renting such dwelling/site to others. 5. The business contributed materially to the income of the displaced person during the two (2) taxable years prior to displacement. If the business or farm was not in operation for the full two years prior to displacement, the net earnings are based on the actual period of operation at the acquired site projected to an annual rate. Average net earnings may be based on a different period of time when the City determines it to be more equitable. Net earnings include any compensation paid to the owners of the business, a spouse or dependents. Proof of net earnings must be furnished to the City through income tax returns, certified financial statements, or other reasonable evidence which the City determines is satisfactory. For a qualified non-profit organization, gross earnings may include membership fees, class fees, cash donations, tithes and receipts from sales or other forms of fund collection that enables the non-profit organization to operate. Administrative expenses are those for administrative support such as rent, utilities, salaries, advertising and other like items as well as fund raising expenses. Operating expenses for carrying out the purposes of the non-profit organization are not included in administrative expenses. The monetary receipts and expense amounts may be verified with certified financial statements or financial documents required by public agencies. The City will inform you as to your eligibility for this payment option and the documentation you must submit to support your claim. Remember, when you elect to take this payment option you are not entitled to reimbursement for any other moving expenses, i.e. Option A described above. 11. I Own an Outdoor Advertising Display. What Relocation Payment Will I Receive? 483 As the owner of an outdoor advertising display, you are eligible for a Relocation Payment For Actual Reasonable Moving and Related Expenses. You are not eligible to receive a Payment In Lieu of a Payment For Actual Reasonable Moving and Related Expenses. If you choose not to relocate or replace the sign, the payment for "direct loss of personal property" would be the lesser of: (1) the depreciated reproduction cost of the sign, as estimated by the City, less the proceeds from its sale, or (2) the estimated cost of moving the sign without temporary storage. The City will inform you as to the exact costs that may be reimbursed. 12. How do I Receive a Relocation Payment? You must file a claim for a relocation payment. The City relocation agent will provide you with the required claim forms, assist you in completing them, and explain the type of documentation that you must submit in order to receive your relocation payments. If you must pay any relocation expenses before you move (e.g., because you must provide a security deposit if you lease your new location), discuss your financial needs with the City. You may be able to obtain an advance payment. An advance payment may be placed in "escrow" to ensure that the move will be completed on a timely basis. If you are a tenant, you must file your claim within 18 months after the date you move. If you own the property, you must file within 18 months after the date you move, or the date you receive the final acquisition payment, whichever is later. However, it is to your advantage to file as soon as possible after you move. The sooner you submit your claim, the sooner it can be processed and paid. If you are unable to file your claim within 18 months, the City may extend this period. You will be paid promptly after you file an acceptable claim. If there is any question regarding your right to a relocation payment or the amount of the payment, you will be notified, in writing, of the problem and the action you may take to resolve the matter. 13. Non-Discrimination No person shall on the grounds of race, color, national origin or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under the City relocation assistance program pursuant to Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, and other applicable state and federal anti-discrimination laws. You may file a complaint if you believe you have been subjected to discrimination. For details contact the City. 484 14. Appeals Any person aggrieved by a determination as to eligibility for, or the amount of, a payment authorized by the City Relocation Assistance Program may have the appeal application reviewed by the City accordance with its appeals procedure. Complete details on appeal procedures are available upon request from the City. 15. Tax Status of Relocation Benefits California Government Code Section 7269 indicates no relocation payment received shall be considered as income for the purposes of the Personal Income Tax Law, Part 10 (commencing with Section 170 01) of Division 2 of the Revenue and Taxation Code, or the Bank and Corporation Tax law, Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code. Furthermore, federal regulations (49 CFR Part 24, Section 24.209) also indicate that no payment received under this part (Part 24) shall be considered as income for the purpose of the Internal Revenue Code of 1954, which has been re-designated as the Internal Revenue Code of 1986. The preceding statement is not tendered as legal advice in regard to tax consequences, and displacees should consult with their own tax advisor or legal counsel to determine the current status of such payments. (IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax- related penalties under the Internal Revenue Code or (ii) promoting marketing or recommending to another party any matters addressed herein). 16. Lawful Presence Requirement Pursuant to the Public Law 105-117, in order to be eligible to receive non-residential relocation benefits in federally-funded projects, in the case of an unincorporated business, each owner must be either a citizen or national of the United States, or an alien who is lawfully present in the United States. The owner of a sole proprietorship and all owners of a partnership must provide information regarding their lawful presence in the United States, and a for-profit or a non-profit corporation must certify that it is authorized to conduct business within the United States. Owners of sole proprietorships or partnerships, who are not lawfully present in the United States, or who decline to provide this information, are not eligible for relocation assistance, unless such ineligibility would result in an exceptional and extremely unusual hardship to the alien’s spouse, parent, or child, any of whom is a citizen or an alien admitted for permanent residence. 485 Exceptional and extremely unusual hardship is defined as significant and demonstrable adverse impact on the health or safety, continued existence of the family unit, and any other impact determined by the City to negatively affect the alien’s spouse, parent or child. Relocation benefits will be prorated to reflect the number of owners with certified lawful presence in the United States. 17. Additional Information If you have further questions after reading this brochure, please contact the City relocation agent at Overland, Pacific & Cutler, LLC. 486 EXHIBIT F List of Mobile Homes for Sale 2 Bedroom Mobile Homes for Sale Number Address Purchase Price Pad Rent 1 80-00 Ave 48, Indio Sp. 3 $10,000.00 $850- $950 2 80-00 Ave 48, Indio Sp. 296 $14,000.00 $850- $950 3 80-00 Ave 48, Indio Sp. 141 $35,000.00 $850- $950 4 80-00 Ave 48, Indio Sp. 157 $39.000.00 $850- $950 5 80-00 Ave 48, Indio Sp. 176 $60,000.00 $850- $950 6 80-00 Ave 48, Indio Sp. 202 $40.000.00 $850- $950 7 50001 Hwy 74, Palm Desert Sp. 6 Lazy B $32,500.00 $700.00 3 Bedroom Mobile Homes for Sale Number Address Purchase Price Pad Rent 1 80-000 Ave 48, Indio Sp. 50 $65,000.00 $850-$950 2 80-000 Ave 48, Indio Sp. 152 $83,000.00 $850-$950 3 80-000 Ave 48, Indio Sp. 218 $80,000.00 $850-$950 4 80-000 Ave 48, Indio Sp. 229 $55,000.00 $850-$950 5 80-000 Ave 48, Indio Sp. 244 $58.500.00 $850-$950 6 5001 Hwy 74, Palm Desert Sp. 4 Bar D $109,000.00 $700.00 7 5001 Hwy 74, Palm Desert Sp. 40 $75,900.00 $700.00 8 12 Diamond E, Palm Desert $60,000.00 $700.00 9 80-000 Ave 48, Indio Sp. 273 $55,000.00 $850-$950 10 17555 Corkill Road, Desert Hot Springs Sp. 26 $69,900.00 Unknown 11 8000 Ave 48, Indio Sp. N/A $45,000.00 $850-$950 12 8000 Ave 48, Indio Sp. N/A $50,000.00 $850-$950 13 22840 Sterling Ave, Desert Hot Springs Sp. 94 $70,000.00 Unknown 14 74711 Dillon Rd. Desert Hot Springs, Sp. 354 $64,500.00 Unknown 487 EXHIBIT G Single Family Residential Rentals Number Address City Bed/Bath Rent 1 52975 Avenida Ramirez LQ 3/2 $1,600 2 52255 Avenida Obregon LQ 3/2 $1,895 3 53945 Avenida Martinez LQ 3/2 $1,675 4 78245 Desert Falls Way LQ 4/2 $2,100 5 79180 Diane Dr. LQ 4/2 $2,200 6 79385 Horizon Palms Cir. LQ 3/3 $1,750 7 53080 Avenida Alvarado LQ 3/2 $1,850 8 52255 Avenida Obregon LQ 3/2 $1,895 9 78245 Desert Fall Way LQ 4/3 $2,100 10 43910 Diane Dr. LQ 4/2 $2,200 11 785625 Carnes Cir. LQ 3/2 $2,200 12 43910 Milan Ct. LQ 3/2 $2,200 13 787541 Torino Dr. LQ 3/2 $2,300 14 54912 Shoal LQ 3/2 $2,300 15 79105 Cindy Ct. LQ 3/2 $2,395 16 54040 Avenida Ramirez LQ 3/2 $2,400 17 48101 Vista Cielo LQ 3/2 $2,400 18 61524 Topaz Dr. LQ 3/3 $2,500 19 49429 Guijarro Dr. LQ 4/4 $2,500 20 48527 Via Encanto LQ 3/2 $2,500 21 80043 Silver Sage Ln. LQ 3/3 $2,600 22 78865 Meridian Way LQ 3/2 $2,700 23 43688 Bordeaux Dr. LQ 4/3 $2,700 24 78560 Via Melodia LQ 4/3 $2,800 25 51842 Avenida Diaz LQ 3/2 $2,800 488 EXHIBIT H PUBLIC COMMENTS & RESPONSES The Plan was available to the community for public comment for a minimum of 30 days. The City of La Quinta received no comments from the community during this period. The Relocation Plan (Draft) for The Dune Palms Road Low Water Crossing Bridge Project was made available to the project displaced occupants via Certified and Regular Mail for a minimum of 30 days. The City received no comments from the displacees or the community during this period. Spanish speaking occupants were also provided advisory and translation services of the Plan during this comment period. This is the final Relocation Plan for the Dune Palms Road Low Water Crossing Bridge Project in the City of La Quinta, County of Riverside. 489 490 Community Programs &Wellness ReportApril 1, 2019 - June 30, 2019 Fitness Programs Amount served Amount of classes/events/rentals Revenue generated April May June 1,896 284 242 224 1,449 1,383 $7,458 $7,469 $21,322* 5,340 5,021 4,721 $8,915 $10,535 $15,025 Rentals 2,210 66 $2,264 2,565 83 $2,681 1,325 55 $2,408 *Includes Youth Player Fees for Winter/Spring DEPARTMENTAL REPORT ITEM NO. 4-A 491 Woodhaven Country Club    42The Golf Club @ LQ  44La Quinta Resort, Dunes  34La Quinta Resort, Mountain 42Indian Wells Golf Resort  48EventsAprilJuneMayFly Over LQ: KiteExperience200 Tequila & TacoExperience3,100Wellness West - Old Town Artisan StudioPartnership100 56 57 71 39 25 Amount served Amount of classes/events/rentals Egg Hunt 1,200City Picnic1,800 Street FoodCinema: Selenaw/Chris Perez550 Summer Golf Tour Monthly Revenue & Participation Total Reveune Total Participation $10,505 $16,333 $19,910 $23,561 $29,429 $24,419 $63,003 $24,537 $18,175 $18,637 $20,685 $38,755 9030 9067 10,912 12,194 12,017 8,660 10,885 11,056 9,542 12,790 12,812 7,850 Jul Aug^Sep Oct Nov Dec Jan* Feb Mar Apr May Jun* This chart will be updated with monthly data points to reflect the total revenue and participation for that month. As each month is added, the data will show the trend for the 2018/19 operating year. ^The decrease in revenue is due to reduced sales in Facility Rentals, Fitness Passes & Memberships, and Wellness Center classes.  Monthly attendance numbers reflect overall participation totals for free services and programs along with paid class programs. *Revenue increase of $25,308 due to Youth Player Fees received January for Fall/Winter 2018. *Revenue increase of $16,075 due to Youth Player Fees received June for Winter/Spring 2019. Monthly Revenue & Particpation 492 Fitness Center - Detail Fitness Center - Passes 190 116 98 134 70 193 JuneMayAprilDaily Passes Sold Memberships Sold Fitness Center - Visits Member Visits 4994 4736 4376 April May JuneAttendanceSaturday Visits 6:30-9am 9-11am 11am-1pm April May JuneAttendance Sunday Visits 6:30-9am 9-11am 11am-1pm April May JuneAttendance 493 494 La Quinta Public LibraryQuarterly  Report Circulation (5 years) 2019 2018 2017 2016 2015 0100002000030000 April May JuneMonth# of ItemsDoor Count (5 years) 2019 2018 2017 2016 2015 0 5000 10000 15000 2000025000 April May June MonthPatrons751HOURS OPENED 41,792 RCLS  Active Cards April 1, 2019 - June 30, 2019 *Circulation numbers include Self-Check. Numbers also reflect an overall decrease in circulation county wide. RCLS  New Library Cards 9,289 Logins 4,577 Holds Placed Online 38 Online Registrations Reference Questions 4,579 Questions Public WiFi 1,058 Users 3,435 Sessions Public Computers 3,699 Sessions Library Catalog 539 Anyone can get a library card from the La Quinta Library. A picture ID and verification of address is required. Out-of-state patrons can get a free internet only card or pay $10 for regular library card. The privilege to use the card expires after 3 years.  Thermo door counter installed May 2017 DEPARTMENTAL REPORT ITEM NO. 4-B 495 Weekly ProgramsBook Babies Story TimePrograms12&Participants288 Preschool Story TimePrograms12&Participants356Monthly ProgramsTech Skills Computer Classes 15 patrons participated in three classes Family Fun Night 48 children and family members attended two programs Teen ProgramsTween Programs Ages 13 to 17 15 programs 57 teens attended Ages 8 to 12 10 programs 84 tweens attended Adult Programs Ages 18+ 24 programs 150  adults attended Special Events & Programs Dia de Los Ninos & Summer Reading Program The Library held its annual Dia De Los Ninos event on April 27th. This year's event showcased three different cultural backgrounds with story times in English, Spanish and American Sign Language.  198 people were in attendance throughout the day. 297 people signed up for our Summer Reading Program during the month of June and 191 people have attended the library's two Family Fun Days held on Thursdays. Patrons earn books and tickets, for a drawing in August, as prizes for reading. The Library has partnered again with Desert Sands Unified School District Nutrition Services to offer free lunches during the months of June and July for ages 18 and under. In June, 54 meals were served.  496 Friends Volunteers 4 2nd Hours 182 Volunteers & Friends Volunteers 89 3rd Hours 617 Let's Talk About ArtThis Quarter: 3 programs with 36 attendees. Total: 14 programs with 195 attendees since May 2018 Let's Talk About Art is a unique art experience fortweens! Children ages 8 to 11 will participate in aneducational and artistic session, led by local artistsfrom the La Quinta Art Association, followed by an artactivity. Each month is a different theme.Past themes: Trick-or-Treat bags, Hummingbirds,Bison, Famous Artists, Flowers, and Oceans Programs for Seniors  Outreach to The Palms Assisted Living Facility 50 individual visits, 50 items circulated 497 Open 63 Days(April - June)   460 Open HoursQuarterly ReportApril - June Classes 11Students 21 Classes Taken 3D Printing I CAD Laser Cutting** Electronics I Soldering Sewing I 3D Printing II MakerSpace Camp 5 2 1 3 3 1 1 1 3 3 1 3 4 April May June Students Completed Class 3D Printing I CAD Laser Cutting** Electronics I Soldering Sewing I 3D Printing II MakerSpace Camp 5 2 1 1 9 3 1 2 14 6 2 4 12 April May June Sales Memberships*Classes Materials $160 $70 $100 65 $75 $85 $0 $31.64 $47.62 April May June 7 Classes: 3D Printing, 3D Printing II, CAD,  Electronics, Soldering, Sewing and MakerSpace Camp *Data excludes free memberships for teachers **Laser cutting machine currently inoperable 498 * April- MakerSpace Camp has it's first run. 8 kidsbetween 7-13 learned about 3D Printing.- LQ Farmers Market and La Quinta Pic n i ccraft of Birthday Hats- M a d e C u s t o m b o o k e n d s f o r D í a D e L o s N i ñ o s event- 3D Printing II classes start * May- S t a r W a r s M a k e r S p a c e C a m p f r e e e v e n t Kids painted 3D characters a n d w o r k e d o n Star Wars Themed paper c r a f t s- D e s i g n e d a n d 3 D P r i n t e d R e a d i n g m e d a l s f o r Palm Springs Comic Con's P r o g r a m - Created Twitter Account *June- 3 D P r i n t i n g M a k e r S p a c e C a m p - A d d e d n e w S i n g e r H e a v y D u t y S e w i n g Machines6/30 Classes  & Activities Future Goals:- Return Laser Cuttingto class rotation-Update Class Slide- Update layout ofMakerSpace room- RPG Program Memberships: 60Total Check-Ins: 89 196 Followers On Instagram 3D Printed Medal for Palm Springs Comic Con Reading Program 91 likes, 112 Page FollowsJune 2019 499 500 La Quinta Museum Quarterly ReportApril 1, 2019 - June 30, 2019 559 7 578 11 Exhibit 2572 EventsPrograms TOTAL 1435 Postcards From Mecca Road Trip: Route 662019 DEPARMENTAL REPORT ITEM NO. 4-C 501 Adult Coloring Club Brown Bag TED Talk Lunch Break with Huell Programs The Museum provides basic supplies and coloring pages. The Club meets  every Friday. This program has been running since Summer of 2015. A TED Talk is shown on the big screen in the Community Room. Guests bring their lunch and then a discussion follows the screening. The Museum provides beverages and dessert for the guests. STITCH Fiber Group Knitters, weavers and stitchers bring their own projects to share ideas and inspire one another. Mah Jongg @ the Museum Saturday Mah Jongg is an opportunity for players of all levels to gather in the Community Room for a lively morning of play.  ProgramsAdult Coloring Brown Bag TED Talk STITCH Mah Jongg Preschool Storytime Lunch Break with Huell Let's TalkJuneMayApril050100 150 200 250# of Attendees Visitors bring their lunch and enjoy a screening of an episode of California's Gold, where Huell Howser visits sites of local interest. Preschool Storytime Fun time for our younger visitors, ages 3-5, for stories, songs, and a craft with Miss Beth. Let's Talk Informative and informal discussions with experts on topics of interest 502 Events Culture Fix Events First Thursday: Books  April: Angle of Repose by Wallace Stegner May: Fried Green Tomatoes by Fannie Flagg Second Thursday: Film   April: Desert Dreams Third Thursday: Art Talk April: Emily Kincaid Last Thursday: Music April: David Macias May: Michael Anthony Gagliardi Field Trips Presentation by moto-photo journalist, Koz Mraz.History Talk: Route 66Opening Reception: Road Trip:Route 66Opening of exhibit of photos of Route 66 by Andy Romanoffand Brian Helder, artwork by 33 local artists, and memorabilia Franklin Elementary students toured Postcards From Mecca, and created postcards of their own to mail home. Digital Preservation Workshop The Museum welcomed area museums and historical societies for the "California Revealed " workshop for digitalpreservation. LQ City PicnicPartnering with the SCRAP Gallery, the Museum keptthe crowd cool with LQM logo fans that kids coulddecorate. 503 La Quinta Museum Exhibit Visitors Visitors 0 100200300400500600 April May June Exhibits:  Postcards From Mecca and Road Trip: Route 66 504 Create YourOwnInfographicHuman ResourcesBiannual Report January 1, 2019 - June 30, 2019Applications Received Turnover  1,161 6.93% Days to Fill 53 Total Recruitments 14 Industry Quarterly Average 10% Source: US Department of Labor – Bureau of Labor Statistics Average Days Advertised = 10 Days Time from Job Posting to Offer Date DEPARTMENTAL REPORT ITEM NO. 4-D 505 Create YourOwnInfographicHuman ResourcesBiannual Report January 1, 2019 - June 30, 2019 24 26% Training Participation Employee Trainings Offered Employee Trainings Summary 506 CODE COMPLIANCE/ ANIMAL CONTROLQUARTERLY REPORT Code Compliance Inspections 633 619 525 April April 1, 2019 - June 30, 2019Proactive CodeCompliance Effortsand Updates Highlights Council approved a Code Compliance Off icer II position for f iscal year 2019/20. In addition to regular code work, this position will: Be assigned Tuesday through Saturday Focus on STVR Enforcement Focus on animal control leash law patrols May June DEPARTMENTAL REPORT ITEM NO. 4-E 507 False Alarms 2018 2019 198 211 218 203 237 234 199 194 178 163185164157195194194 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 0 Short Term Vacation Rentals (STVR) Code opened 160 STVR cases in response to resident complaints.  The previous quarter had 70 new STVR cases.   The Hotline has received a total of 454 calls since February 8, 2019    To report any STVR issues, please call: 760-777-7157 Staff continues to work with police and fire to reduce false alarms. The City has collected approximately $37,500 in fees from users with three or more false alarms.  Trends Continued downward trend Police data shows a 17% drop in false alarms since the implementation of the False Alarm Ordinance in October 2017  Spikes in certain months have been observed, however the year over year data is showing a decline The City now tracks, invoices and collects fees in-house July through December 2019 data is unavailable 158 198 Code and Police continue to work closely to resolve STRV issues and address violations expeditiously. 508 Short Term Vacation Rental Complaints2018/2019 - 295 Cases2017/2018 - 184 Cases Map key Green = Closed Red = Open STVR Hotline Calls Feb Mar Apr May Jun 12 80 188 96 78 2019 509 Animal Control conducts early morning leash law patrols focusing on the top of thecove and the Bear Creek Trail along Avenida Montezuma. Code Compliance Officershave joined the effort by checking the areas throughout the day and conductingmorning patrols on Saturday.Animal ControlUpdateAnimal Licensing Statistics New Renewed Closed Not Renewed 28 114 16 71 35 77 19 62 21 41 13 141 April May June Impounds Stray Stray-Dead Owner Surrendered Foster Return Confiscate Dispo Requested Adoption Return 17 10 3 1 1 1 28 16 2 1 1 23 11 3 1 4 April May June 510 OutcomesAdoptionTransfer Adoption Partner Return to Owner Euthanized Treatable*Euthanized Untreatable**In Foster Home Died334172466231 4 6 5 1 6AprilMayJune* Euthanized Treatable: not adopted or reclaimed    **Euthanized Untreatable: injured or ill beyond treatment SNIP Low CostSpay / Neuter Clinic Dates for Low Cost Spay, Neuter, Vaccination & Microchip Clinic April 20, 2019 Sept.  TBD All spay & neuter procedures are done by appointment only. For details, please call (760) 366-1100 in English; (760) 366-1105 in Spanish. Fees for vaccinations are: Rabies   $11 DA2PP  $11 Bordetella  $16 Microchip   $15 August 10th 511 ImportantInformationTo report any issues please call the following numbers:Code (normal business hours Mon-Sat from 8 AM to5 PM): 760-777-7050Police (non-emergency):  760-836-3215To report Short Term Vacation Rental issues call the24/7 Hotline at 760-777-7157To learn more information on any of the following please call Code during normal business hours.  Free Gravel Program - Available to owners that occupy their residence Grant Program - Available to owners that occupy their residence and meet certain income requirements.  512 EmergencyManagementQuarterly ReportApril 1, 2019 – June 30, 2019The City utilizes a whole community approach to minimize impacts of a major disaster throughextensive training in  prevention, protection, mitigation, response and recovery efforts. Community Emergency Response Team (CERT) April  Covered team activation and assisting neighbors.  May Reviewed lessons learned from activation and plan for outreach and publicizing CERTs next season.  June CERT Leadership discussed next season's training calendar and volunteer's  roles and responsibilities. Next season will begin in September. 52 community members attended meetings. Monthly Meetings Preparation for annual drill is underway. This year's training will be a staged burn incident to test CERT's response and incident  documentation. Community Events City Picnic & Birthday Celebration LQ Emergency Management and CERT promoted trainings and home preparedness by encouraging families to create a kit and stay informed.  Laguna de La Paz Emergency Committee LQ Emergency Management hosted Laguna de La Paz residents at the City's Emergency Operation Center (EOC) to discuss gated community preparedness and best practices.   DEPARTMENTAL REPORT ITEM NO. 4-F 513 The EOC activation for the first weekend of Coachella Fest was a success and included 29 responders fromfive agencies. Staff led briefings, meetings, collected intel, developed plans, and passed the information to EOCand field personnel.A preliminary damage assessment training was held with the building inspectors to familiarize staff withequipment, procedures and safety following a disaster. Staff TrainingTraining includes practical applications in the EOC and working with our contract agencies. Staff will receiveadditional training to increase familiarity with their assigned EOC positions.   Staff continues to complete required training courses set by FEMA which include:Incident Command Training Expertise and Knowledge Gain The following courses and meetings were attended by the Senior Emergency Management Coordinator to improve the City's planning, preparedness, staff capabilities, and EOC operations and management: Disaster Net Radio CERT Program Manager Meeting Operational Area Planning Committee & Riverside County Emergency Manager Association Meetings Multi-Agency Coordination System Meeting Southern California Preparedness Summit Southern California Catastrophic Earthquake Plan - Logistics Management & Last-Mile Commodity Movement Workshop Damage Inspection Specialist Upcoming Milestones Alert LQ (Nixle 360) is now active.  Several city employees and LQ Police have trained on message dissemination. In August, the system will be marketed to the public through the City website via social and print media.  To receive alerts: Sign up at https://local.nixle.com/register/  Text 92253 to 888-777 from your cell phone 514 La Quinta Police Department Quarterly ReportApril 1, 2019 - June 30, 2019Average Response Time* Average Response Time Priority 1: Average Response Priority 2: Average Response Priority 3: Average Response Priority 4: Average Response 5.67 12.59 20.02 30.37 8.67 14.29 19.95 24.48 7.12 12.79 17.41 21.76 0 5 10 15 20 25 30 35 April May JuneTime in MinutesNumber of Calls for Service Priority 1: Calls for Service Priority 2: Calls for Service Priority 3: Calls for Service Priority 4: Calls for Service 25 540 570 322 19 468 512 315 12 439 480 297 0 100 200 300 400 500 600 April May June# of CallsPriority 1 – Involve circumstances that pose, or did pose a clearly defined threat to human life or property; Priority 2 – Involve circumstances of an urgent but not life threatening nature (e.g. minor assaults and batteries); Priority 3 – Involve circumstances which are neither urgent nor life threatening (e.g. disturbances of the peace); Priority 4 – Incidents occurring in the past or “cold” calls. * Information provided by Thermal Station's Crime Analytics Division DEPARTMENTAL REPORT ITEM NO. 8 515 Crime Statistics ** April Rape Homicide Aggravated Assault Larceny Robbery Burglary Vehicle Theft Simple Assault 1 63 2 17 6 8 4 85 1 21 4 16 0 10 20 30 40 50 60 70 80 90 2018 2019 ** Information provided by Sheriff Department on a monthly basis for entire county. Report available 30-daysafter the end of each month. June's stats will be included in next quarter's report.March Rape Homicide Aggravated Assault Larceny Robbery Burglary Vehicle Theft Simple Assault 4 79 2 18 6 20 79 14 6 16 0 55110 2018 2019 May Rape Homicide Aggravated Assualt Larceny Robbery Burglary Vehicle Theft Simple Assault 3 70 24 4 14 6 72 2 17 5 17 0 10 20 30 40 50 60 70 80 2018 2019 516 April through June 2019 Felony Arrests Misdemeanor Arrests Traffic Stops Traffic Citations Pedestrian Checks Search Warrants Written Search Warrants Served Felony AWS*Misdemeanor AWS*Business Checks Vehicle Checks Bike Stops Follow-Up Investigations 9 41 393 225 252 3 2 5 32 54 172 17 380 0 100 200 300 400 2019 $500.00Property ValueRecoveredSpecial Enforcement Team (SET) and Business District Unit (BDU)  *AWS - Arrest Warrant Service April through June 2019 Cases Assigned (69.23%)Cases Closed (30.77%) 188 517 School Resource Officer (SRO) Reports Arrest Filed / Sent to Juv. Probation Citations Ped/Area Check Traffic Stops Public Assist 415/Follow-up Calls/911/Others Assist Other Agencies Confirmed 5150's 10 2 2 88 94 13 0 55110 2019 Coachella Valley Violent Crime Gang Task Force (CVVCGTF)*** April through June 2019 Felony Arrests Misd Arrests Probation Searches Parole Searches Search Warrant Written Search Warrants Served Gang Intervention Contacts 15 5 47 7 2 2 5 0 10 20 30 40 50 2019 518 Coachella Valley Narcotics Task Force (CVNTF)***Activities Search Warrants Written Felony Warrants Arrest Misdemeanor Warrants Arrests Probation Checks 4 101234 April - June Narcotics Seized Methamphetamine Cocaine Heroin Hashish 87.6 117.3050100150 Grams ***Task Force data related to La Quinta only  Significant Incidents  1. During the month of May, CVNFT had been conducting a narcotics investigation in which a vehicle was stopped and searched in the City of La Quinta.  A search warrant was later served at a business in Indio.  Cocaine, methamphetamine, and over 3,000 oxycodone and xanax pills were seized from the vehicle and business with a street value calculated based on the Los Angeles HIDTA drug price list at $38,032.00. Also recovered were two firearms and $21,460.00 in cash seized for asset forfeiture.  This case is still an ongoing open investigation. 2. On June 5, 2019,  a La Quinta deputy was the case agent for an operation in Anza involving a big drug trafficking organization that was supplying marijuana throughout the Coachella Valley including the City of La Quinta.  4,362 marijuana plants were seized with a street value calculated based on the Los Angeles HIDTA drug price list at $218,100.00.  There were three firearms recovered during one of the five locations searched. Traffic Services Team (TST) Citations Seat Belt Citations Excessive Speed Citations Other Hazard Citations Other Non-Hazard Citations 74 830 1232 271 0 500 1000 1500 2019 Collisions DUI Collisions DUI Injury Collision DUI, Non-Collision Other Injury Collision Other Collisions 9 9 17 35 96 0 10 20 30 40 50 60 70 80 90 100 2019 All related DUI collisions result in arrests . *DUI - driving under the influence 519 Community Service OfficersApril through June 2019 Miscellaneous Calls Parking Citations Transports Traffic Collision Reports Grand/Petty Theft Reports Abandoned Vehicle Tagged Towed Vehicles Vandalism Reports Burglary Reports Lost or Found Property Reports 287 201 80 85 34 32 8 12 28 160100200300 2019 Crime Prevention Specialists Community Meetings &Events18 Trainings 2 Volunteers April through June 2019 Office Volunteer Hours Business Checks Neighborhood Patrol Crime Free Multi-Housing Community Events Traffic Collision Response Extra Patrol Vacation Checks 176 336 135 217 1 7 142 2 0 50 100 150 200 250 300 350 2019 51 Walk-ins assisted at the La Quinta Police Substation at City Hall 520 La Quinta Fire DepartmentQuarterly ReportApril 1, 2019 - June 30, 2019Incident Response Activity -  La Quinta Average Enroute to On-Scene Time +20 Minutes        Average Min      % 0 to 5 Min Enroute Time = When a unit has been acknowledged as responding. On-scene Time = When a unit has been acknowledged as being on-scene . False Alarm        74   6.38% Hazardous Material  2    0.17% Medical          910  78.52% Other Fire  7  0.60% Public Service Assistance   66   5.69% Vehicle Fire  3  0.26% Standby  5   0.43% Incident Total Within La Quinta    1,159  Traffic Collision  70  6.04% Ringing Alarm  5  0.43% Rescue  1  0.09% Other Miscellaneous  8  0.69% Incident Total for La Quinta Fire   1,768Stations (Mutual Aid)          Commercial Fire  2  0.17% Multi-Family Dwelling Fire  1   0.09% Residential Fire  4  0.35% Wildland Fire  1  0.09% 771 382 40 1 4.7 66.5 <5 Minutes  +5 Minutes +10 Minutes Truck Report Truck 86 recorded 19 responses & Truck 33 recorded 5 responses in La Quinta during this quarter. In May, Truck 86 and crew stopped at the La Quinta High School Band fundraiser car wash and helped the students wash the ladder truck in which they donated to a worthwhile cause. Incident Type    #  % DEPARTMENTAL REPORT ITEM NO. 9 521 Significant IncidentsFire Inspection ReportAction: During the Second Quarter of 2019, 121 new construction inspections were conducted along with 9 specialevent inspections/plan reviews, 119 business inspections, a total of 123 new plan reviews wereaccomplished and 5 planning cases were submitted. Building/Planning: Staff continues to hold weekly project review meetings; discussions are focused on special developmentpermits, tentative track maps, temporary use permits, special event permits and current project updates. Goals: Maintain efficient and exceptional customer service. Remain attentive to contractors/builders and prompt inreturn call times. Conduct business fire and life safety inspections as thoroughly as possible, and providereasonable timeframe to correct all violations discovered through the inspection process. Follow up on anyfire and life safety complaints discovered by the public within a reasonable timeframe. 1.  Incident Description On April 14, 2019, CAL FIRE/Riverside County Firefighters responded to the Palm Royale Country Club to find a kitchen fire inside a downstairs condo. The fire was contained within 12 minutes of arrival but not before resultant heat and smoke damage was caused through much of the remainder of the unit. One occupant along with her dog escaped unharmed and the fire appeared to have originated above the stovetop near a wall-mounted microwave oven. There was no extension of fire to the surrounding units and no injuries were reported.  2.  Incident Description On April 22, 2019, Firefighters from CAL FIRE/Riverside County Fire Department arrived at the McDonald's restaurant for a reported cooking grill on fire. The restaurant which was at near capacity was evacuated of all patrons and employees. The cooking grease fire was contained by the manager's use of a portable wet chemical extinguisher along with activating the overhead hood/duct fire suppression system. There was no extension of fire and no injuries were reported. The restaurant was closed until a followup inspection and approval was obtained. A Message from Division  Chief Fish During the past few months in La Quinta, your fire department has been hard at work, responding to many emergencies and requests for service. We are in the process of  ordering replacements for our Thermal Imaging Cameras for all the City fire engines. A thermal imaging camera, referred to as a TIC by firefighters, is a type of thermographic camera used in firefighting. By rendering infrared radiation as visible light, these cameras allow our firefighters to see areas of heat through smoke, darkness, or structural barriers. This tool is invaluable. The camera allows our firefighters to literally see through smoke and find the point of active fire or distinguish the location of a person in virtually zero visibility environments such as a smoke-filled room. This tool keeps our firefighters safer, by providing real-time temperature readings while firefighting, allows them to be more precise in their actions, limiting damage to homes while firefighting. This is not new technology to La Quinta fire engines, but our current equipment has reached its end-of-life. The new replacement cameras will be the latest technology, lighter, and have longer battery life. We have also begun our first phase of remodeling for Fire Station 70 near PGA West. This fire station, originally constructed in 1985, has had no significant updates since construction. With the support of the City Council and City staff, we started the remodel of the kitchen and dayroom areas of the station. In the coming months, the bathrooms, showers, and bedrooms will also be updated. Additional improvements will be made to increase the energy efficiency of the building with updated windows and station lighting. We are very excited to begin this project. We will be maintaining full services from Station 70 throughout the renovations. 522 HAND OUTS CITY COUNCIL MEETING AUGUST 6, 2019 Academic Program Our academic program includes the following California Bar tested areas of legal study: •Contracts •Torts •Criminal Law •Civil Procedure •Constitutional Law •Evidence •Real Property •Wills & Trusts •Criminal Procedure •Business Associations •Remedies •Professional Responsibility •Performance Exam Writing The CDT A curriculum also includes: Indian Law, Bankruptcy Law, Immigration Law, and Trial Advocacy. Some classes are taught by two professors, providing students with a clear understanding of the adversarial process inherent in the law. Our faculty is comprised of Judges, Court Commissioners and practicing attorneys at the top of their respective fields. Our outstanding professors are the key to your success! •••• . . • . . -�-·-.,-�� The method of instruction at this law school for the Juris Doctor (J.D.) degree program is principally in physical classroom facilities. However, on January 20, 2017, the Committee of Bar Examiners voted unanimously to allow California Desert Trial Academy College of Law to incorporate on-line synchronous learning at this facility. This new program begins fall semester, 2017 for the incoming first year students. The instructional program will expand with each new class. The program will be fully available to all four classes by fall 2020. Students enrolled in the J.D. degree program at this law school who successfully complete the first year of law study must pass the First-Year Law Students Examination required by Business and Professions Code 6060(h) and Rule VIII of the Rules Regulating Admission to Practice Law in California as part of the requirements to qualify to take the California Bar Examination. A student who passes the First-Year Law Students Examination within three (3) administrations of the examination after first becoming eligible to take it will receive credit for all legal studies completed to the time the examination is passed. A student who does not pass the examination within three (3) administrations of the examination aft!i!r first becoming eligible to take it must be promptly disqualified from the law school's J.D. degree program. If the dismissed student subsequently passes the examination, the student is eligible for reenrollment in this law school's J.D. degree program, but will receive credit for only one year of legal study. Study at, or graduation from, this law school may not qualify a student to take the bar examination or to satisfy the requirements for admission to practice in jurisdictions other than California. A student intending to seek admission to practice law in a jurisdiction other than California should contact the admitting authority in that jurisdiction for information regarding the legal education requirements in that jurisdiction for admission to the practice of law. Copyright CDTA California Desert Trial Academy College of Law. All rights reserved. The Desert's first and only Law School. Proudly serving all of Southern California; accepting applications from Los Angeles, Orange, San Bernardino and Riverside Counties. Coo ri ht 2017 LawTalk MCLE Contact Us !(760) 342-0900 California Desert Trial Academy 45-290 Fargo Street Indio, CA 92201 California Desert Trial Academy College of Law COLLEGE OF LAW "Educating, Training, and Developing Extraordinary Legal Advocates" (760)342-0900 CDTALAW.com COUNCIL MEETING - AUGUST 6, 2019 - HANDOUT BY PATRICK DOLAN PRESENTATION ITEM NO. 2 DESERT CENTER LEGAL PUBLIC EDUCATION Our Distance Learning Option Do you live too far from Indio to make frequent commutes to COTA? Our Distance Learning Option is for you! You can earn your J.D. almost exclusively from where you live or work. You will log in remotely, in real time, and attend classes using the Zoom Platform. You will "enter" the classroom and fully participate in class with your professors and classmates. Zoom is flexible. You can connect on multiple devices including your Mac or Windows based computer, Chromebook, or tablet. You will enhance your learning by joining your classmates in person, for the Saturday Enrichment Program. Here, you will hone your test taking skills while building a network of support for law school and your career. COTA is the first law school to be approved by the California State Bar for our exclusive, hybrid learning format. Don't let a little distance keep you from achieving your goals. 1.Our Distance Learning Option allows you to obtain your J.D. while completing most of your studies from where you live or work. "Attend" CDTA in real time, enjoy 24/7 access to all classes and solidify the week's learning in person with our Saturday writing classes. 2.Lexis Nexis is included in your tuition. Learn to research and apply authority with the same tools you will use in practice. 3.ExamSoft is included in your tuition. All practice and final exams are taken using the same software program the State Bar utilizes. Repeated exposure to ExamSoft means you will tackle the bar with confidence! 4. AdaptiBar is included in your tuition (1 L Students). Practice thousands of actual bar multiple choice questions on the premier MBE program designed to prepare you to conquer 50% of the bar exam. 5.Fleming's Fundamentals of Law course reviews are included in your tuition. Substantive video reviews and outlines condense every bar tested subject into a straight forward format you will find invaluable as you prepare for exams. 6.We Commit to Keeping You in School! It can often feel as if law school is an exercise in exclusion, not inclusion. Not at COTA. We will help you overcome any obstacle you may face to have you graduate and pass the California Bar Exam! 7.Our Saturday Enrichment Program. Legal writing is unlike any other form of writing. Practicing essays and MBE questions under simulated exam conditions means you walk into the bar exam with the confidence you need to pass. 8.Student Support is essential to your success. Our students have found that together they can accomplish what might be impossible alone. You will thrive as you establish life long bonds. 9.Weekly "Barrister" Luncheons provided by CDTA allow students, attorneys and Judges a networking and support opportunity while enjoying a meal during the Saturday Classes' noon break. 10.Snacks and Drinks are provided at all CDTA classes and events at no charge to you. Never underestimate the power of a little sustenance to get you through a long day! For more information contact (760)342-0900 Terry M. Giles California Trial·'court Classroom F.Lee Bailey/Kenneth]. Fishman Federal District Court Classroom William J. Kopeny California Appellate Court Classroom COUNCIL MEETING - AUGUST 6, 2019 - HANDOUT BY PATRICK DOLAN PRESENTATION ITEM NO. 2 DESERT CENTER LEGAL PUBLIC EDUCATION COUNCIL MEETING - AUGUST 6, 2019 - HANDOUT BY PATRICK DOLAN PRESENTATION ITEM NO. 2 DESERT CENTER LEGAL PUBLIC EDUCATION ■: E�:t.i:.:�;, �=�s �-,; Extraordinary Legal Advocates"• • • • • • • • $1S,000 -Annual Fleming's Fundamentals of Law Bar Prep Reviews & Writing Course $10,000 -Annual Zoom Distance Learning Support & Infrastructure $7,S00 -Annual Lexis-Nexis Online Legal Research $7,S00 -Annual Adaptibar MBE Training $S,000 -Annual ExamSoft Examination Software $3,000 -Weekly Barristers Lunch !One Full Academic Year) $1,000 -Snacks & Drinks !One Full Academic Year) $2S0 -Annual Support Commitment Please charge my credit card for the amount I have checked above. Name: _______________ _ Company: _____________ _ Address: ______________ _ City/State/Zip------------- CC#' ____________ _ Exp Date: ______ Sec Code: ___ _ Name on Card: ___________ _ Signature: _____________ _ Email: _______________ _ Tel/Cell: _____________ _ (760)347-3932 CDTALAW.COM COUNCIL MEETING - AUGUST 6, 2019 - HANDOUT BY PATRICK DOLAN PRESENTATION ITEM NO. 2 DESERT CENTER LEGAL PUBLIC EDUCATION . I COUNCIL MEETING - AUGUST 6, 2019 - HANDOUT BY PATRICK DOLAN PRESENTATION ITEM NO. 2 DESERT CENTER LEGAL PUBLIC EDUCATION COUNCIL MEETING - AUGUST 6, 2019 - HANDOUT BY PATRICK DOLAN PRESENTATION ITEM NO. 2 DESERT CENTER LEGAL PUBLIC EDUCATION Enrichment Program 1.Conflict Resolution 2.Mentoring Program 3.Restorative Justice Strategies 4.Practical Life Skills Training 5.lntroduction to the Judicial System 6.lntroduction to Government ?.Introduction to Public Safety, Fire, Emergency Services 8.Mock Trial 9.CPR Training 10.Military Overview For more information, contact Alanna Udcoff at 760-590-8343 Our Vision The.vision is to provide young men and women agef 1 �--1 � wn(?· are �nrolled in East Valley continuation.schools with a collaborative aP,pr.Q,a9ti'c!9aciemy to prepare at-risk youth in actual 1lif�ill�apd � valuable comprehensive 'Over.view ofitheljudjcial system .:-,:.,. California Desen Trial Academv College of Law CDT A Project #180 45-290 Fargo Street Indio, CA 92201 760-775-3739 "'l'IIE ONt Y Sl)01l'I1 l\TJIEllE I'l''S (�OOt 'l'O SI'I' ON 'l'HE HEN(�II" California Desert Trial Academy College of Law Amistad High School Desert Center for Legal Education COUNCIL MEETING - AUGUST 6, 2019 - HANDOUT BY PATRICK DOLAN PRESENTATION ITEM NO. 2 DESERT CENTER LEGAL PUBLIC EDUCATION AboutUs The Desert Center for Legal Education is a 501 (c)(3) organization. Its mission is to support the California Desert Trial Academy College of Law (CDTA) by providing grants, scholarships and loans to COTA law students, to support La Reina Limited Means Legal Clinic, public legal education, and continuing legal education. We are a demand-driven foundation, which focuses on the creation of customized initiatives and programs to address the needs of today's Coachella Valley at-risk youth. The program is called Project #180. Project #180 provides a pathway to keep at­ risk youth off the streets and into an exciting and comprehensive enrichment program. Students will participate in life skills training, student advocacy, community outreach and a Mock Trial program. Project #180 will be available to students from September through June. Participants will meet once a week at CDTA for Mock Trial, as well as leadership programs and a speaker series. The remainder of the week will be teacher-instructed material based on the topics of the week at Amistad High School. The students will join The County of Riverside's Mock Trial program. The students will participate in a simulated trial, structured like a real court, while learning about the roles that judges, lawyers, witnesses and others play in the judicial system. Students who complete 20 hours of community service and those students who. ar-e:in good standing with the program will gr,agluate-ffom Project #180 in June. ��-" �1:' .:� :\,\· 'i!Pl z =,� •,�• :\' 1/J ifi, t \i l,i�I: Collaborative Elton *Desert Center for Legal Education *California Desert Trial Academy College of Law *Desert Sands Unified School District *Riverside County District Attorneys Office *Amistad High School *Riverside County Superior Court Judges *Indio Police Department *Riverside County Probation *Indio Recreation District *California State Prisons *Riverside County Sheriff's Department *And mentors consisting of top local attorneys and law students from COTA. Communitv Service The youth, along with a mentor, will complete 20 hours of community service. The community service will be limited to nonprofits in the East Coachella Valley. Examples of community service locations include Martha's Village and Kitchen, ABC Recovery Center, Coachella Valley Red Cross, Coachella Valley Rescue Mission, and FIND Food Bank. Community Service t-shirts will be provided to each youth member involved in Project #180. Terrv M. Giles California Trial Coun Classroom William J. Kopenv California Appellate Coun Classroom F.Lee Banev / Kenneth J. FishmanFederal District Coun Classroom COUNCIL MEETING - AUGUST 6, 2019 - HANDOUT BY PATRICK DOLAN PRESENTATION ITEM NO. 2 DESERT CENTER LEGAL PUBLIC EDUCATION '"l'IIE ONI, Y SPOll'I' WIIEllE l'l''S t�OOI, 'l'O Sl'I' ON 'l'IIE HENt�II" California Desert Trial Academy College of Law Amistad High School Desert Center for Legal Education Donate todav & make a difference in the future of our vouth Proiect #180 COTA Prnject#180 45-290 Fargo StreetIndio. CA 92201 COUNCIL MEETING - AUGUST 6, 2019 - HANDOUT BY PATRICK DOLAN PRESENTATION ITEM NO. 2 DESERT CENTER LEGAL PUBLIC EDUCATION Aboutus Project #180 provides a pathway to keep at-risk youth off the streets and into an exciting and comprehensive enrichment program. Students will participate in life skills training, student advocacy, community outreach and a Mock Trial program. The collaborative effort includes: Desert Sands Unified School District, Riverside County District Attorneys Office, Riverside County Superior Court Judges, The Indio Police Department, Riverside County Probation, Indio Recreation District, California State Prisons, Riverside County Sheriffs Department and mentors consisting of top local Attorneys and law students from The California Desert Trial Academy College of Law (COTA). Project #180 will be available to students from September through June. Participants will meet once a week at COTA for Mock Trial, as well as leadership programs and a speaker series. The remainder of the week will be teacher-instructed material based on the topics of the week at Amistad High School. The students will join The County of Riverside's Mock Trial program. The students will participate in a simulated trial, structured like a real court, while learning about the roles that judges, lawyers, witnesses and others play in the judicial system. Students who complete 20 hours of community service and who are in good standing with the program will graduate from Project #180 in June. Donation Requests Any monetary donation amount is much appreciated. Below are specific items to sponsor. Donations are tax-deductible. ■ $5000 Transportation Sponsor for Academic Year■ $3500 Lunch Sponsor for Academic Year■ $1000 Courtroom Attire for ALL Youth■ $750 Community Service T-shirts for ALL Youth■ $500 Transportation for 1 Month■ $300 Lunch for 1 Month■ $__ Other amount welcome Donors Name _______________ _ Donations can be mailed to: COTA Project #180 45-290 Fargo Street, Indio, CA 92201 COUNCIL MEETING - AUGUST 6, 2019 - HANDOUT BY PATRICK DOLAN PRESENTATION ITEM NO. 2 DESERT CENTER LEGAL PUBLIC EDUCATION IJ UnionBank The Private Bank RE: Paul Anderson 511 Turney Street Sausalito, CA 94965 August 6, 2019 Dear City Council of La Quinta, This letter is to inform you that Paul Anderson has applied for a line of credit with Union Bank with a maximum draw amount of $300,000. The line of credit will be secured with a brokerage account valued at $300,000. We hope to have this line of credit completed and funded by next week. Please reach out to me if you have any questions. Sincerely, Peter Bogardus Private Wealth Advisor Union Bank -The Private Bank The Private Bank 350 California Street, Suite 1800 San Francisco, CA 94104 A member of MUFG, a global financial group Tel. 415-765-3150 Fax 415-705-7278 COUNCIL MEETING - AUGUST 6, 2019 - HANDOUT BY PAUL ANDERSON BUSINESS SESSION ITEM NO. 1 - SIGNTAURE ART EVENT SELECTION - FINANCIAL STABILITY .... -. ,t;l 1952-2002 2002 ANNUAL REPO T COUNCIL MEETING - AUGUST 6, 2019 - HANDOUT BY PAUL ANDERSON BUSINESS SESSION ITEM NO. 1 - SIGNTAURE ART EVENT SELECTION - SAUSALITO REPORT .-. .-·, -� - � • I • ' -� - ,1.---t..:;,d!r Contents 'liT r: I , -. L -�l I •. . . I • ' •• • •• II . ·' 1.__· .. ,• � -'I Executive Director's Message ... 1 Festival History ........ . .2-3 2002 Festival Financial Report .4-5 Contributions to the Community ........................ 6 2002 Festival Artists & Awards ........................... 7 Festival Volunteers ...................................... 8 2002 Festival Sponsors .. . ........ 9 Board & Committee Members ......................... back cover "It was a whirlwind weekend and I'm still coming down from that whole trip. You and your volunteers did such an extraordinary job and made us feel so welcome! We were over­ whelmed by the responses to my work. Everything was top notch." -Randy Hand, artist e,\'vci-1< The Sausalito Art Festival is owned by the not-for-profit Sausalito Chamber of Commerce and licensed to the�usalito Art Festival LLC. The Sausalito Art Festival LLC was created in 2000 to produce and manage the festival for � e/chamber and the Sausalito Cultural Arts Foundation, a 501 (c)(3) not-for-profit corporation. The Festival LLC is owne 0 85.Sberi;:ent by the Foundation and 14.5 percent by the Chamber. The Festival LLC pays a licensing fee of $150,000 ea ,fear to the Chamber for its community programs, $35,000 to the city of Sausalito in licenses. fees, and taxes, and makes grants to other Sausalito nonprofits which totaled $28,710 in 2002. Any additional net revenue is returned to the Foundation, which was established to engage in charitable and educational activities. The Festival LLC retains no funds of its own other than working capital. --l-c::--. ·-� - ----,-.,-=.t■·-. �--� ._ -•, �. �� �• 4 � I,• �•�, •=� I COUNCIL MEETING - AUGUST 6, 2019 - HANDOUT BY PAUL ANDERSON BUSINESS SESSION ITEM NO. 1 - SIGNTAURE ART EVENT SELECTION - SAUSALITO REPORT 7 Executive Director's Message Th e triumphant soth annual Sausalito Art Festival is a most appropriate time to take stock of both our accomplis hments and our contributions to th e art community and to our city. Th is Golden Anniversary is a tribute to th e tens of thousands of people who look forward to th e Festival eac h year. The Festival is th e premiere sh owcase for fine art, th e primary source of support for numerous local not-for-profit organizations, and a Labor Day Weekend tradition for the entire Bay Area. By bringing togeth er t h e best available artists and entertainers, th e Sausalito Art Festival is recognized as t he No. 1 event of its kind by industry _experts and art associations internationally. Such acclaim comes as no surprise to th e th ousands of visitors who come to the Festival from all around th e world. But it's sometimes easy to take a treasure for granted w h en it's in your own backyard. We hope th is report will give you a fresh look at an old friend, and a greater understanding of the Festival's role in t he fabric of Sausalito. We're proud of how th e Festival h elps its partners th rive -from th e Sausalito Rotary Club earning funds for senior housing by operating t h e parking lots, to the Sausalito Woman's Club Scholarship Fund supporters raising money by staffing th e front gate. T h e h eart of this unique event is t h e loyal corps of volunteers w h o make the Festival a winner every year. More th an 1,000 Sausalito neighbors, friends, and relatives give part of t h eir h oliday weekend to the Festival. Th eir support is overwh elming and invaluable. From th e Board of Directors who donate hundreds of h ours th rough out t h e year, to th e dozens of Committee members wh o meet monthly, to the first-timers selling h ot dogs, we share our success with all of th em. After 50 years of success, th e Sausalito Art Festival is poised for its next half-century of even greater contributions to art, to entertainment, and to our community. �Lif4 Executive Director COUNCIL MEETING - AUGUST 6, 2019 - HANDOUT BY PAUL ANDERSON BUSINESS SESSION ITEM NO. 1 - SIGNTAURE ART EVENT SELECTION - SAUSALITO REPORT 7 2 I Festival History The Sausalito Art Festival is the leading outdoor fine art festival in America. More than 1 million art enthusiasts, museum curators and private collectors have flocked to the Festival since it began, with attendance reaching 30,000 to view more than 20,000 original works of fine art each Labor Day weekend. It wasn't always big and successful. From its humble beginnings in 1952, the Sausalito Art Festival has developed into the acknowledged No. 1 outdoor art festival in the nation. More than a million visitors have attended, and it has earned an international standing for excellence in the arts. Each year more than 1,300 applicants apply for the 250 spaces available for viewing by the public. Sausalito's first weekend painters arrived by sailboat from San Francisco in the 1800s to capture scenes of tall ships and nature against the majestic backdrop of San Francisco and Richardson Bay. At the end of World War II, the Sausalito waterfront became a magnet for poets, writers, filmmakers and artists. They created a bohemian atmos­ phere that set the stage for the first outdoor festival, which was held on Shell Beach on September 6, 1952. The site is now part of the peninsula where the Spinnaker Restaurant is located. Early Producers Over the next 25 years several groups produced the festival, including the Sausalito Artists and Merchants Association and the Sausalito Art Association. Some years, it was just a group of artists putting out their easels on Labor Day to enjoy the sun and crowds that flowed into Sausalito on the weekend. In 1977, the City of Sausalito assumed guardianship of the Festival and hired local artist Tyson Underwood as the director. It was the beginning of the rebirth of the Festival, and the start of the world­ class Festival as we know it today. Artists were asked to submit work to be juried for selection for a booth space. Musical entertainment became part of the festivities. In 1979, a group of citizens formed the Friends of the Festival and launched the first Black Tie Opening on the Friday evening preceding the event. It gives the community an opportunity to meet the artists and purchase or commission artwork prior to the 3-day weekend, and features dining and dancing under the stars. Chamber Takes Over In 1981, the Sausalito Chamber of Commerce took the helm of the event and continued to produce it until 1999. During these 18 years, the Festival grew from an event with 75 artists to one featuring 250 artists. The community became more involved, with all of the food booths organized and run by non-profits that benefit Sausalito. The volunteer staff also grew to over 1,000. COUNCIL MEETING - AUGUST 6, 2019 - HANDOUT BY PAUL ANDERSON BUSINESS SESSION ITEM NO. 1 - SIGNTAURE ART EVENT SELECTION - SAUSALITO REPORT The Festival's revenues have exceeded expenses every year since the Chamber began producing it, although the Festival lost money frequently in the preceding years. In 2000, the Chamber of Commerce decided to concentrate its energies on business affairs, and established the Sausalito Cultural Arts Foundation, a separate non-profit, to benefit the community. To gether, the Chamber and the Foundation formed the Sausalito Art Festival LLC, which manages and produces the event. All the profits benefit both organizations and more than 20 Sausalito non-profits each year. A volunteer board of nine members from the community governs the Sausalito Art Festival LLC. The executive director and one full-time and three part-time staff members are the only paid employees of the event, with the 1,000 volunteers doing everything from ticket sales to garbage collection. The Art Festival built Marinship Park, site of the Festival, in 1988 with the assistance of the Rotary Club, the Lions Club and community volunteers as a permanent home for the event. The site allows for direct ferry service to the site using the U.S. Army Corps of Engineers dock, which is adjacent to the park. The Sausalito Art Festival Art Education Scholarship Fund was established in 1995 to provide educational opportunities for emerging art students. The Sausalito Art Festival continues to support the arts and community non-profits through grant programs, artist awards, scholarships, and community service programs. Focus on Art The Festival is still about art. More than 1,300 artists compete for the 250 coveted booths, with exhibitors also selected by juries. To tal art sales at the Festival topped $4 million this year. To day, the judges making the artist awards include museum curators, professional collectors, gallery owners, and art professors, as well as artist peers in each medium. First and second prizes are presented in each of 16 categories, plus an overall prize for Best of Show. Another way to measure the Festival's progress is the way it recycles the trash it generates. In the past five years, recycled glass, plastic, and cardboard has increased 26 percent to two-thirds of its total garbage. Festival cleanup is a popular activity itself, led by Sausalito's mayor and former mayors. The Festival's grounds feature a reminder of the earliest days of Sausalito's artistic history: a 43,000- pound, 16 x 20-foot mosaic tile mural that is a tribute to one of Sausalito's more colorful artists, Jean Varda. The mural, which was paid for by the Friends of the Festival, is at the south­ west corner of the Festival lawn. I COUNCIL MEETING - AUGUST 6, 2019 - HANDOUT BY PAUL ANDERSON BUSINESS SESSION ITEM NO. 1 - SIGNTAURE ART EVENT SELECTION - SAUSALITO REPORT 2002 Festival Financial Report More than 30,000 visitors attended the Sausalito Art Festival's 50th anniversary celebration under sunny skies on Labor Day weekend 2002. The Festival generated $1.3 million in gross revenue and approximately $390,000 for Sausalito's not-for-profit organizations. By rearranging the artist display booths, the Festival was able to increase the number of participating artists to a record high of 250. For the first time ever, Sausalito Art Festival art sales went over $4 million in 2002, according to an independent report by Sunshine Artist, the leading publication of art festivals .• Principal sources of revenue (more than $200,000 each) were ticket sales, artist fees, and beverage sales, which combined to account for 91 percent of all income. Additional revenue came from merchandise sales, sponsorships, parking fees, and food booth fees. A portion of beverage and merchandise revenue is offset by costs. The net proceeds from parking go to the Sausalito Rotary Club; the Festival collected $12,618 in parking fees from Rotary and paid $7,668 of that to the City of Sausalito, netting $4,950. 45% 40% 35% 30% - 25% 20% 15% 10% 5% - 0% 40.1% -32.6% - - - -- --- - -. 18.3% - - - - Sausalito Art Festival - 2002 Sources of Revenue -- - -3�_rfr □ 2.0% 1.4% 1.0% 1.0% Cl r:-:1 � .---, Source: 2002 audited financial statements by Matson & Isom COUNCIL MEETING - AUGUST 6, 2019 - HANDOUT BY PAUL ANDERSON BUSINESS SESSION ITEM NO. 1 - SIGNTAURE ART EVENT SELECTION - SAUSALITO REPORT Attendance declined from 2001 by 23 percent, a drop similar to other festivals' experiences due to the sagging California economy and the aftermath of the terrorist attacks of September 2001. However, the Festival increased its sponsorships despite the economic environment, as in-kind sponsorships topped $170,000. The crowds, the artists, entertainers on three stages, and more than 1,000 community volunteers celebrated the 50th anniversary with great enthusiasm. For the 22nd consecutive year, the 2002 Festival's revenues exceeded expenses. The principal expenditures (more than $100,000 each) were for Festival production including construction and tents, personnel, the Chamber of Commerce licensing fee, and marketing. Significantly, just 1 3.2 percent went to personnel, a remarkably low amount for a major festival. The Festival has just two full-time and three part-time staff, with more than 1,000 volunteers providing much of the time and labor to produce the Festival. Artist expenses include prizes, jurying, hospitality, applications and licensing. Administration expenses include bookkeeping, accounting fees and taxes. Operating expenses include general office expenses and insurance. Tr aining and travel includes travel to other festivals, conferences and seminars for research and training and development that help market and enhance the Festival's success and build a long-term strategic direction. Occupancy expenses include rent and utilities. Volunteer development expenses include T-shirts, training and....e.a.t�rtaiorneot, ,, C Vo Iv NTCE'E/1! EUS't'Jr� 25%-,-------------------------------------- 20% 10% 0% f-· Sausalito Art Festival 2002 Sources of Expense ----------------------j 3.8% 3 Oo/c • 0 2·4% 2.1% 1.9% 1.9% I I COUNCIL MEETING - AUGUST 6, 2019 - HANDOUT BY PAUL ANDERSON BUSINESS SESSION ITEM NO. 1 - SIGNTAURE ART EVENT SELECTION - SAUSALITO REPORT ...... - Contributions to the Community The Sausalito Art Festival is the single greatest source of income for Sausalito's nonprofit community, generating more than $400,000 every year. Organizations benefiting from the success of the Festival touch all Sausalito residents, from students to senior citizens, and their friends, neighbors, and families. Of equal importance, the Festival makes a profound economic contribution to the City of Sausalito all year, with commerce generated by the Festival's world-renown reputation and goodwill benefiting the quality of life for all the city's citizens. As the Festival grows, the contributions to the City and its citizens continue to increase. Each year, dozens of nonprofits such as the Sausalito Lions Club, churches, schools, and the Bay Model Association operate food booths at the Festival. These organizations keep all the money they raise from these booths, grossing an estimated $200,000 each year. Additionally, the Rotary Club of Sausalito retained an estimated $32,000 net earnings in 2002 from operating the parking lots. $166,000 1998-2002 Sausalito Art Festival Contributions "'M�� Al..\..� �1:i tA-uJ�S: _ 2002 Grantees Antenna Theater Bay Model Association Center for Attitudinal Hearing Children's Cultural Center lndustrjal Center Building Red Cross of Marin County Sausalito Art Commission Sausalito Fire Department Sausalito Nursery School Sausalito Parks & Rec Sausalito Schools Foundation Sausalito Woman's Club Schoonmaker Artists Open Studios Southern Marin Hot Meal Coalition Willow Creek Academy $180,000 $160,000 $140,000 $120,000 $100,000 $150,000 $150,000 $150,000 $80,000 $60,000 $40,000 $20,000 $0 1998 $129,000 1999 2000 2001 2002 ■Sausalito Chamber of Commerce Iii Sausalito Cultural Arts Foundation I COUNCIL MEETING - AUGUST 6, 2019 - HANDOUT BY PAUL ANDERSON BUSINESS SESSION ITEM NO. 1 - SIGNTAURE ART EVENT SELECTION - SAUSALITO REPORT �· l The Sausalito Chamber of Commerce receives $150,000 from the Festival . This provides funding for its programs, which include visitor and information programs, holiday lighting and festivities, candidate debates, business seminars, and promotion of tourism. The Festival has made grants to numerous Sausalito nonprofits, totaling $86, 1 35 over the past three years. Groups receiving grants in previous years include homeless coalitions, Sausalito Little League and other youth organizations, the Sausalito Dog Park, and the Sausalito Friends of the Library. i-:) � pl,\f� �mainder of the net proceeds of the Festival goes to the Sausalito Cultural Arts Foundation for educational and cultural purposes. The Foundation awarded four scholarships in 2002 for art study, and is working with the City_ of �ausalito to_ e�plore plans for a cultural_ arts c � nter. \The Fes . tival als_o spent $77,000·in_ 2001 �o upgrade Mannsh1p Park, painting the bathrooms, creating a n entrance, reseeding the lawns, and ImprovIng the tennis c_ourts. t-{ I isr � Beyond these direct benefits to the Sausalito community, the Festival provides the City of Sausalito with more than $35,000 in licenses, fees and taxes each year. These funds are earmarked for the operation of Sausalito's shuttle, "Sally," which is free to all riders. It is estimated that the Festival's economic impact on Southern Marin County is in excess of $250,000 per year. In addition, the Festival generates substantial sales tax revenue for California services. 2002 Festival Artists &· Awards Awards The 2002 Festival earned numerous awards from independent organizations. Sunshine Artist selected the 2002 Festival as the Best in the West for the fifth consecutive year. The 2002 Festival also was named the Best in the West by the Harris List, which polls artists nationally. The National Association of Independent Artists (NAIA) cited the Festival for outstanding overall quality. Other awards included best design for t-shirt and poster from the International Festivals and Events Association, best hospitality from the NAIA, and top five overall event nationally from Harris List. Art Prizes The Best in Show art prizes went to Anthony Gauslin for 3-D mixed media. Other winners were Matthew Cornell for painting, Peter Lik for photography, Wendy Gruber for drawing, Don Riggs for sculpture, Tom Killion in printmaking, Carolyn Cole in 2-D mixed media, William Kwamena-Poh in watercolor, Adam Z. To bin in functional art, Larry Richmond in ceramics, Karen Smith in fiber, John Biagiotti in jewelry, Timothy Lindemann in glass, Robert Anderson in metalwork, Marc Levine in wearable art, and Steve Smith in woodwork. In all, juried prizes for first and second place were awarded in 16 categories. Awardees are automatically invited to participate in the following year's Festival. COUNCIL MEETING - AUGUST 6, 2019 - HANDOUT BY PAUL ANDERSON BUSINESS SESSION ITEM NO. 1 - SIGNTAURE ART EVENT SELECTION - SAUSALITO REPORT 8 -------------------- Festival Volunteers More than 1,000 community volunteers are the secret ingredient that makes the Sausalito Art Festival a success. In their everyday lives, volunteers are lawyers, students, homemakers, doctors, construction workers, and even retired artists. After attending a brief orientation, they do the work that keeps the Festival running smoothly for thousands of visitors, artists, and entertainers. Volunteer receive a commemorative Festival T-shirt, beverages, and admission to the Festiva( as well as the satisfaction of helping support Sausalito's non-profit community. Among the volunteers' contributions: •Welcoming patrons into the Festival at the front gates as well as at the Festival Pier, where Festival ambassadors guide ferry-goers to the shuttle bus •Helping artists set up their booths, watching the booths during breaks, and bringing the artists refreshments during the day •Selling beverages, pouring wine and champagne for the Festival crowd, and selling posters, T-shirts, and novelty souvenir items at the Festival Store •Providing traffic control and security ALL. t>ltEEKK-N() Lor.JC. After the Festival closes, it's not just the Garbage Crew that cleans up ... jt's "The Mayor's Select Blue Ribbon G b C . " . h .1-. M d h 1· . . .. C..(;'/<f_tb,z, ne-f ar age omm1ttee, wit t-n-e' ayor an ot er po 1t1c1ans p1Icning in. ..--../ MA'fol'<_:$' fn.e� ,4(.(, p.,e_dtlN/J rJIG LP ,-IP'I T - "Why do I love this art festival so much and why do I always have to be a part of it? Because it is all about truly exceptional artists baring their souls to us. Think about the minds and thoughts present in this one place and you are instantly entranced. The energy, the enlightenment, the thought processes are all here with them, with us. That, my friends, is the Sausalito Art Festival. Nowhere else on earth are you likely to come in contact with this high-end caliber of talent, qual­ ity of media produced, artist educated execution and the pure end result, Excellence in Art!" -Tracy Bell "I am truly rewarded with volunteering for the Sausalito Art Festival. The artists are simply amazed at how our community pitches in and welcomes them and their talents. I've been a volunteer for 13 years, and for me the most rewarding was work­ ing with the artists one on one." -Lisa Williams COUNCIL MEETING - AUGUST 6, 2019 - HANDOUT BY PAUL ANDERSON BUSINESS SESSION ITEM NO. 1 - SIGNTAURE ART EVENT SELECTION - SAUSALITO REPORT Looking Ahead Preliminary information about the 2003 Sausalito Art Festival indicates an increase in attendance, greater revenue, and increased sales by artists. Nearly 1 00 new artists from 32 states and 11 foreign countries were featured, solidifying the Festival's position as the best of its kind. Art sales again were expected to exceed $4 million. With perfect weather and a banner year for entertainment, beverage sales were up and the whole "vibe" of the event was extraordinary. As one artist said, "This is one art festival that actually feels festive." Our next annual report for the 2003 Festival will be available in mid- 2004. The 2004 Sausalito Art Festival will be held September 3-6. "The Sausalito Art Festival has been the most prestigious art festival on the West Coast for decades. I meet fellow artists and crofters from all over the country, famous and future famous. The festival provides a multitude of new experiences for visitors and participants alike. " 2002 Festival Sponsors -Srimongkol Darawali international artist jau J'rauci�co ([�ronicle GMA Creative � . NEWS TALK I, ' ; . MOLLI � FUJIFILM GALLO of SONOMA .. ... - ' ~:� I . I • -. • ' ,-·• ➔·r - , - • . -1 •-• • I"�· • .. I �•�• �T- .. ,. ◄II I •• •-r • '9, . , .. , :,1'" ·�-----t'--:: --- • - ' ... "···•11 •• ,�,. ''·- . COUNCIL MEETING - AUGUST 6, 2019 - HANDOUT BY PAUL ANDERSON BUSINESS SESSION ITEM NO. 1 - SIGNTAURE ART EVENT SELECTION - SAUSALITO REPORT "The weather was good, the art was fantastic, the volunteers were excep­ tional, and the food was delicious. I suppose my wife was in the upper 1 0 percent sales wise. In our book you still get a "10. 11 Congratulations on a super show. 11 -John Neubauer, visitor . -.,.. -. . :,-;-...' "' , - , . . r : - : - � ---- - � • 2002-2003 Boards & Committees Board Members Paul Anderson Ann Arnott Greg Christie Leonard Kaprielian Jim McKibben Merv Regan Nora Smith Mike Stone Herb Weiner Art Festival Staff Paula Badal Deborah Cordero Joseph Lillis, Executive Director Monica Thiede Elke Verberne Sausalito Art Festival Committee Peter Arnott Cindy Hyatt Tracy Bell Nancy Mahl Kirsten Calegari Tim Moffitt Ellen Cunningham Angie Noble Peter Daly Bill Patterson Gautier Demarcy Sean Saylor Bernie Feeney Dennis Scremin Arne Frager Robin Sweeny Jeanne Friedel Brett Vaughn Chris Gallagher Scott Wyatt Mary Ann Griller Shellie Wyatt Jim Hyatt Alice Yamamoto COUNCIL MEETING - AUGUST 6, 2019 - HANDOUT BY PAUL ANDERSON BUSINESS SESSION ITEM NO. 1 - SIGNTAURE ART EVENT SELECTION - SAUSALITO REPORT POWER POINTS CITY COUNCIL MEETING AUGUST 6, 2019 8/7/2019 1 City Council Meeting August 6, 2019 City Council Meeting August 6, 2019 Public Comment SilverRock Project Update 8/7/2019 2 Update SILVERROCK DEVELOPMENT COMPANY, LLC August 6, 2019 to the La Quinta City Council SUMMARY SILVERROCK DEVELOPMENT COMPANY, LLC August 06, 2019 Site Work •Utility Relocations – completion by mid‐September •Temporary Club ‐ completion mid‐August •Mass Grading – completion in early November •SR Way – Per City, Fall timing, coordinating with  SDC, CVWD Design & Construction •80% CD Submittal Targets Montage Guest Rooms: Conference & Shared Svcs: Montage Golf Clubhouse: Montage Hotel & Spa: Pendry Hotel: •Construction 9/23 10/04 10/18 10/29 11/08 Montage Hotel & Spa: Conference & Shared Svcs: Pendry Hotel: Montage Golf Clubhouse: 2/2020 – 8/2021 2/2020 – 7/2021 3/2020 – 9/2021 2/2020–12/2020 8/7/2019 3 Future Future Future Driving  Range Montage Res ‐ PA3: MG Complete City Venue Site:  PG Complete Montage Hotel & Spa ‐ PA2:  RG Pending Pendry Hotel – PA5: MG NearlyComplete Temp Club (PA3):  NearlyComplete Pendry Res – PA5: MG Complete SilverRock Way Subgrade:  Complete* SilverRock Way Subgrade:  Complete* Agua Coralina  Subgrade:  Complete Golf Club & Bungalows – PA10A: MG NearlyComplete *PendingCompletion of CVWD IrrigationProject Various Utility Relocation Projects ‐ PA3:  NearlyComplete SILVERROCK DEVELOPMENT COMPANY, LLC August 06, 2019 Video Presentation SILVERROCK DEVELOPMENT COMPANY, LLC August 06, 2019 •Aerial Drone – 8.04.2019 •Montage Hotel and Residences ‐ Teaser 8/7/2019 4 City Council Meeting August 6, 2019 B1 – Signature Art Event Producer Timeline •June 13th – Notification by La Quinta Arts Foundation •July 2nd – Council study session discussion •July 10th – Council held community workshop •July 11th – RFP issued •July 24th -RFP closed •July 26th - Interviews •August 6th – Council selection 8/7/2019 5 Key Producer Criteria Part 1 •Signature Art Event –Ability to fully produce event –Full marketing program –Highest quality art and  artists –Schedule with deliverables –Strong team  –Experience in producing  nationally ranked events Part 2 •Other Art Opportunities –Creative and interactive art –Takes place outside of  signature event dates –Ability to execute diverse  programs Committee •Kathy Caldwell, Artist •Kathleen Hughes, retired Fine Art Event Director •Kay Wolff, long time La Quinta resident •Sharrell Blakeley, Community Services Commissioner •Shelley Glickstein, Producer of Art on Main Street 8/7/2019 6 Proposals / Process •9 proposals received •3 interviewed for Signature Art Event (Part 1) –Paul Anderson –Cherry Arts –Thunderbird Artists •3 invited to meeting for other art opportunities (Part 2) –Art for People (Artwalk San Diego) –LeBasse Projects International –Old Town Artisan Studio Interview & Selection •Event Producers –Paul Anderson –Thunderbird Artists •Qualities –Experienced in producing nationally ranked/caliber events –Top quality teams 8/7/2019 7 Questions & Discussion THUNDERBIRD ARTISTS La Quinta Art in the Park March 5-8, 2020 Presents The City of La Quinta Produced by 8/7/2019 8 FAMILY RUN BUSINESS MOST RECENT AWARDS 2019 – Best of Arizona Business #1 of the TOP 10 for Ranking Arizona® 2019 2019- Fall Carefree Fine Art & Wine Festival ranked #2 by Art Fair SourceBook 2019 - Winter Carefree Fine Art & Wine Festival ranked 45th by Art Fair SourceBook 2019 - Spring Carefree Fine Art & Wine Festival ranked 53rd by Art Fair SourceBook 8/7/2019 9 2019 - Carefree Fine Art & Wine Festival #1 for the Carefree/Cave Creek Chamber of Commerce’s Celebration of Excellence for Best Entertainment 2018 - The Fall Carefree Fine Art & Wine Festival was selected as one of the BEST Festivals in North America for 2018 and 2019 by Flight Network 2018 – The Best of Arizona Business has ranked Thunderbird Artists as #1 of the TOP 10 for Ranking Arizona® 2018 for Entertainment/Signature Event. 3 SIGNATURE CAREFREE FESTIVALS FALL, WINTER & SPRING 8/7/2019 10 CALIBER OF ART CALIBER OF ART 8/7/2019 11 CALIBER OF ART 8/7/2019 12 ADVERTISING & MARKETING CAMPAIGN •Direct Mail •Postcards •Press Kits •Articles •Digital Ads •Posters •Flyers •Signage •Social Media Platforms •Word of mouth •Artists’ mailing list •VIP and Patron mailing list Concierges ●Community Newsletters ●Flags ●Online Calendars Our Award-winning website ●TV Interviews Live TV coverage ●Television commercials ●15-20 Billboards ●Banners COMMUNITY OUTREACH 50 cents of every admission ticket will be donated to the La Quinta middle & high schools Art Departments to purchase art supplies for students. 8/7/2019 13 EMBRACING THE COMMUNITY We believe it is important to be a part of each community where our Festivals take place. We will be joining the local Chambers and Convention & Visitors Bureaus. We will also shop local for our goods and services. THUNDERBIRD ARTISTS DONATIONS $740,000.00 •American Diabetes Assoc. •American Healing Arts Foundation •Carefree/Cave Creek Chamber •Fountain Hills Business Assoc. •Foster Hope Foundation •Gilbert Fire Department •Gilbert Parks & Rec Department •Humane Society •International Cancer Advocacy Network •Kiwanis Club of Scottsdale McCormick •North Scottsdale Chamber •Phoenix Children’s Hospital •Scottsdale Chamber of Commerce •Sunset Kiwanis of Fountain Hills •Surprise Arts Council •Surprise Sundancers •Terpsicore Dance Company 8/7/2019 14 CALIBER OF ART 8/7/2019 15 EVENT DETAILS 220 artists 2 entrances 2 exits 2 locations with live musicians 4 locations with wine & spirits Valet Parking 2 main Food areas with upscale menu 2 additional locations for snack booths Team of volunteers for concierge locations/entrances/booth sitting/artist lunches/etc. Admission $12 or multi-day pass $15 Security throughout the event 8/7/2019 16 INTERACTIVE ELEMENT Thunderbird Artists has contracted with a chalk artist to create a 3D sidewalk scene where patrons can interact for a fun, photo opp. A photographer will be onsite taking photos and uploading them on the Facebook Event page and sending each patron their photo as a memento. 8/7/2019 17 er t WINTER CAREFREE FINE ART & WINE FESTIVAL WINE EXPERIENCE 8/7/2019 18 CITY OF LA QUINTA PRESENTING SPONSOR •Name/Logo on all paid print ads •Website •All social media pages •Event flyers and posters •Event billboards & banners throughout town •Audio and Visual mention in television commercials •Full page in Thunderbird Artists Program Guide •Full Page Ad La Quinta Event Program •Name/Logo recognition on tee shirts •Press Kits as presenting sponsor •Double corporate booth on site •Two city banners at the event •Signage at Information booth 8/7/2019 19 art 8/7/2019 20 •Demographics •Invested host city •High profile location •Tourism traffic •Market with a built-in demand for fine art •Long-term viability •Availability of desired dates KEY ELEMENTS 8/7/2019 21 PROGRAM GUIDES Thank You! We greatly appreciate this opportunity. 480.837.5637 ThunderbirdArtists.com 8/7/2019 22 City Council Meeting August 6, 2019 B2 – Cleaning & Maintenance of Fritz Burns Pool and Park Water Amenities Contract 8/7/2019 23 Purpose •Provide maintenance services for public water amenities – Fritz Burns pool, La Quinta Park water feature, and park mister stations •July 2019, solicited proposals for cleaning & maintenance services •Received and reviewed 2 proposals •Recommend Shark Pools Provided Services •Year-round, 6 days per week, twice a day pool service •Supply all chlorine and pool chemicals •Draining and cleaning of La Quinta Park water feature surge tank •All park mister stations 8/7/2019 24 •Recommended budget adjustment - $22,900 Questions 8/7/2019 25 City Council Meeting August 6, 2019 B3 – New Public Works Trailer Lease Agreement 8/7/2019 26 Purpose •Current trailer is 32 years old and reached end  of useful life •New trailer would serve as temporary facility  during Corporate Yard Facility construction Background •In 2019, Council approved contract with Gillis &  Panichapan to conduct space planning for new  Corporate Yard building •Staff received 3 bids;  Design Space Modular,  Mobile Modular, and Pacific Modular •Pacific selected; provides quality product and  removal of old trailer at no cost 8/7/2019 27 Current Public Works Building Current Public Works Building 8/7/2019 28 Proposed Building Proposed Building 8/7/2019 29 Site Plan  Proposed  location New  Corporate  Yard  building  site Project Schedule •Trailer delivery in mid October  •1‐week ‐ modular set up •1‐week ‐ utility hook up (water, sewer, power,  IT) •3‐4 weeks total from delivery to occupancy •EOC will serve as PW office in the interim  8/7/2019 30 Questions 8/7/2019 31 City Council Meeting August 6, 2019 PH1 – Dune Palms Bridge Relocation Plan Background •Dune Palms Bridge R/W acquisition •Relocation of 3 residents •Received survey response from 3 residents •Relocation Plan circulated - no comments received 8/7/2019 32 Vicinity Map •APN: 600‐030‐010 •Address: 46400 Dune  Palms Road  Primary Objectives •Conduct relocation needs assessment •Identified replacement housing •Evaluate property acquisition impacts •Develop viable relocation solutions in accordance with State law 8/7/2019 33 Conclusions •Sufficient relocation alternatives exist •Sufficient funding to meet estimated costs of $227,000 Questions? 8/7/2019 34