2021 10 19 Council
CITY COUNCIL AGENDA Page 1 of 8 OCTOBER 19, 2021
CITY COUNCIL
AGENDA
CITY HALL COUNCIL CHAMBER
78495 Calle Tampico, La Quinta
REGULAR MEETING ON TUESDAY, OCTOBER 19, 2021
3:30 P.M. CLOSED SESSION | 4:00 P.M. OPEN SESSION
******************************
SPECIAL NOTICE
Teleconferencing and Telephonic Accessibility In Effect
Pursuant to Executive Orders N-60-20 and N-08-21 executed by the Governor of
California, and subsequently Assembly Bill 361 (AB 361, 2021), enacted in
response to the state of emergency relating to novel coronavirus disease 2019
(COVID-19) and enabling teleconferencing accommodations by suspending or
waiving specified provisions in the Ralph M. Brown Act (Government Code
§ 54950 et seq.), members of the public, the City Council, the City Manager, City
Attorney, City Staff, and City Consultants may participate in this regular meeting
by teleconference.
Members of the public wanting to listen to the open session of the meeting
may do so by tuning-in live via http://laquinta.12milesout.com/video/live.
Members of the public wanting to address the City Council, either for a specific
agenda item or matters not on the agenda are requested to follow the instructions
listed below:
Written public comments – can be provided in-person during the meeting or
emailed to the City Clerk’s Office at CityClerkMail@LaQuintaCA.gov preferably
by 2:00 p.m. on the day of the meeting, and will be distributed to the City
Council, incorporated into the agenda packet and public record of the meeting,
and will not be read during the meeting unless, upon the request of the Mayor,
a brief summary of any public comment is asked to be read, to the extent the
City Clerk’s Office can accommodate such request.
City Council agendas and staff reports
are available on the City’s
web page: www.LaQuintaCA.gov
CITY COUNCIL AGENDA Page 2 of 8 OCTOBER 19, 2021
If emailed, the email “subject line” must clearly state “Written Comments” and
list the following:
1) Full Name 4) Public Comment or Agenda Item Number
2) City of Residence 5) Subject
3) Phone Number 6) Written Comments
*** TELECONFERENCE PROCEDURES ***
Verbal public comments via Teleconference – members of the public may
attend and participate in the meeting by teleconference via Zoom and use
the “raise your hand” feature when public comments are prompted by the Mayor;
the City will facilitate the ability for a member of the public to be audible to the
City Council and general public and allow him/her/they to speak on the item(s)
requested. Please note – members of the public must unmute themselves
when prompted upon being recognized by the Mayor, in order to become
audible to the City Council and the public.
Only one person at a time may speak by teleconference and only after being
recognized by the Mayor.
ZOOM LINK: https://us06web.zoom.us/j/81325311999
Meeting ID: 813 2531 1999
Or join by phone: (253) 215 – 8782
It would be appreciated that any email communications for public comments
related to the items on the agenda, or for general public comment, are provided
to the City Clerk’s Office at the email address listed above prior to the
commencement of the meeting. If that is not possible, and to accommodate
public comments on items that may be added to the agenda after its initial
posting or items that are on the agenda, every effort will be made to attempt to
review emails received by the City Clerk’s Office during the course of the meeting.
The Mayor will endeavor to take a brief pause before action is taken on any
agenda item to allow the City Clerk to review emails and share any public
comments received during the meeting. All emails received by the City Clerk, at
the email address above, until the adjournment of the meeting, will be included
within the public record relating to the meeting.
******************************
CALL TO ORDER
ROLL CALL: Councilmembers: Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans
CITY COUNCIL AGENDA Page 3 of 8 OCTOBER 19, 2021
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 by providing written public comments either in-
person or via email as indicated above; or provide verbal public comments
either in-person or via teleconference by joining the meeting virtually at
https://us06web.zoom.us/j/81325311999 and use the “raise your hand”
feature when prompted by the Mayor. Members of the public attending the
meeting in-person are requested to complete a “Request to Speak” form and
submit it to the City Clerk. Please limit your comments to three (3) minutes (or
approximately 350 words). 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 the Brown Act
[Government Code § 54954.2(b)].
CONFIRMATION OF AGENDA
CLOSED SESSION
1. THREAT TO PUBLIC SERVICES OR FACILITIES, PURSUANT TO
SUBDIVISION (a) OF GOVERNMENT CODE § 54957. CONSULTATION
WITH: ALEXANDER JOHNSTON, SENIOR EMERGENCY MANAGEMENT
COORDINATOR; WILLIAM H. IHRKE, CITY ATTORNEY (Review Continued
Need and Response to Proclaimed State and Local Emergencies Caused by
COVID-19)
2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT
TO PARAGRAPH (1) OF SUBDIVISION (d) of GOVERNMENT CODE SECTION
54956.9; NAME OF CASE: IN RE: NATIONAL PRESCRIPTION OPIATE
LITIGATION (U.S.D.C. CASE NO. 1:17-CV-2804)
RECESS TO CLOSED SESSION
RECONVENE AT 4:00 P.M.
REPORT ON ACTION(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 by providing written public comments either in-
person or via email as indicated above; or provide verbal public comments
either in-person or via teleconference by joining the meeting virtually at
https://us06web.zoom.us/j/81325311999 and use the “raise your hand”
CITY COUNCIL AGENDA Page 4 of 8 OCTOBER 19, 2021
feature when prompted by the Mayor. Members of the public attending the
meeting in-person are requested to complete a “Request to Speak” form and
submit it to the City Clerk. Please limit your comments to three (3) minutes (or
approximately 350 words). 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 the Brown Act
[Government Code § 54954.2(b)].
ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS
1. AMERICAN PUBLIC WORKS ASSOCIATION SOUTHERN CALIFORNIA
CHAPTER – COACHELLA VALLEY BRANCH – 2020-2021 TRAFFIC &
MOBILITY PROJECT OF MERIT AWARD FOR THE LA QUINTA VILLAGE
COMPLETE STREETS – A ROAD DIET PROJECT
2. AMERICAN PUBLIC WORKS ASSOCIATION SOUTHERN CALIFORNIA
CHAPTER – COACHELLA VALLEY BRANCH – 2020-2021 RECREATIONAL
FACILITIES PROJECT OF MERIT AWARD FOR THE SILVERROCK PARK
VENUE PROJECT
3. PRESENTATION OF NEW BRANDING FOR SILVERROCK RESORT
PROJECT BY ROBERT GREEN, PRESIDENT AND CEO OF SILVERROCK
DEVELOPMENT CO.
CONSENT CALENDAR
NOTE: Consent Calendar items are routine in nature and can be approved by one motion.
PAGE
1. APPROVE COUNCIL MEETING MINUTES OF OCTOBER 5, 2021
9
2. APPROVE SPECIAL JOINT COUNCIL AND PLANNING COMMISSION
MEETING MINUTES OF SEPTEMBER 28, 2021
21
3. APPROVE COUNCIL MEETING MINUTES OF AUGUST 3, 2021
29
4. ADOPT ORDINANCE NO. 596 ON SECOND READING AMENDING
SECTION 3.25.055 OF THE LA QUINTA MUNICIPAL CODE RELATED TO
NON-ISSUANCE OF NEW SHORT-TERM VACATION RENTAL PERMITS TO
PROVIDE AN EXCEPTION FOR THE LA QUINTA RESORT TENNIS VILLAS
45
5. AFFIRM RESOLUTION NO. 2021-035 FINDINGS RELATED TO THE STATE
OF EMERGENCY DUE TO COVID-19 AUTHORIZING THE CITY MANAGER
TO CONTINUE TO IMPLEMENT TELECONFERENCE ACCESSIBILITY TO
CONDUCT PUBLIC MEETINGS PURSUANT TO ASSEMBLY BILL 361
(STATS. 2021, CH. 165)
57
CITY COUNCIL AGENDA Page 5 of 8 OCTOBER 19, 2021
6. APPROVE AMENDMENT TO FIRE SERVICE AGREEMENT TO ADD A FIRE
MARSHAL INSPECTOR POSITION
65
7. AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO AWARD FUTURE
WORK TO DESERT CONCEPTS CONSTRUCTION FOR FISCAL YEAR
2021/22 WHEN THEY ARE THE LOWEST AND/OR QUALIFIED BIDDER
79
8. APPROVE ASSIGNMENT AND ASSUMPTION AGREEMENT AND
AMENDMENT TO DEVELOPMENT IMPROVEMENT AGREEMENT FOR
TRACT MAP NO. 30138, A RESIDENTIAL DEVELOPMENT LOCATED ON
THE NORTH SIDE OF AVENUE 52 WEST OF MADISON STREET
81
9. APPROVE DEMAND REGISTERS DATED OCTOBER 1 AND 8, 2021 89
BUSINESS SESSION
PAGE
1. INTERVIEW AND APPOINT RESIDENTS TO FILL VACANCIES ON THE
FINANCIAL ADVISORY COMMISSION AND THE COACHELLA VALLEY
MOSQUITO AND VECTOR CONTROL DISTRICT’S BOARD OF TRUSTEES
105
2. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH ACTION PARK
ALLIANCE INC. FOR X-PARK MANAGEMENT AND MAINTENANCE
SERVICES AND APPROPRIATE ADDITIONAL FUNDING
109
3. APPROPRIATE FUNDS AND APPROVE AMENDMENT NO. 2 TO
AGREEMENT FOR CONTRACT SERVICES WITH TYLER TECHNOLOGIES,
INC. FOR THE PURCHASE, IMPLEMENTATION, AND MAINTENANCE OF
PERMITTING AND BUSINESS LICENSE SOFTWARE
151
STUDY SESSION
PAGE
1. RECEIVE AND FILE ANNUAL REPORT OF ACTIVE DEVELOPMENT
AGREEMENTS
253
PUBLIC HEARINGS
PAGE
1. CONTINUED FROM SEPTEMBER 21, 2021 – RECONSIDERATION TO
ADOPT RESOLUTION TO VACATE A PORTION OF THE INTERSECTION OF
AVENIDA MADERO AND CALLE TECATE PUBLIC RIGHT-OF-WAY IN THE
SANTA CARMELITA AT VALE LA QUINTA SUBDIVISION, UNIT NO. 25
[RESOLUTION NO. 2021-038]
265
CITY COUNCIL AGENDA Page 6 of 8 OCTOBER 19, 2021
DEPARTMENTAL REPORTS
1. CITY MANAGER – MARKETING QUARTERLY REPORT JULY –
SEPTEMBER 2021
289
2. CITY ATTORNEY
3. CITY CLERK
4. COMMUNITY RESOURCES - QUARTERLY REPORT JULY – SEPTEMBER
2021
295
5. DESIGN AND DEVELOPMENT
6. FINANCE
7. PUBLIC WORKS - QUARTERLY REPORT JULY – SEPTEMBER 2021 303
8. POLICE – QUARTERLY REPORT JULY – SEPTEMBER 2021 313
9. FIRE – QUARTERLY REPORT JULY – SEPTEMBER 2021 315
MAYOR’S AND COUNCIL MEMBERS’ ITEMS
REPORTS AND INFORMATIONAL ITEMS
1. CVAG 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. IMPERIAL IRRIGATION DISTRICT – COACHELLA VALLEY ENERGY
COMMISSION (Evans)
6. LEAGUE OF CALIFORNIA CITIES DELEGATE (Evans)
7. COACHELLA VALLEY WATER DISTRICT JOINT POLICY COMMITTEE (Evans)
8. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (Evans)
9. ECONOMIC DEVELOPMENT SUBCOMMITTEE (Evans & Radi)
10. COACHELLA VALLEY MOUNTAINS CONSERVANCY (Fitzpatrick)
11. DESERT RECREATION DISTRICT COMMITTEE (Fitzpatrick & Radi)
12. COACHELLA VALLEY UNIFIED SCHOOL DISTRICT COMMITTEE (Fitzpatrick & Peña)
13. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (Fitzpatrick)
14. SILVERROCK EVENT SITE AD HOC COMMITTEE (Fitzpatrick)
15. CANNABIS AD HOC COMMITTEE (Peña and Sanchez)
16. CVAG PUBLIC SAFETY COMMITTEE (Peña)
17. CVAG VALLEY-WIDE HOMELESSNESS COMMITTEE (Peña)
18. LEAGUE OF CALIFORNIA CITIES – PUBLIC SAFETY POLICY COMMITTEE (Peña)
19. IMPERIAL IRRIGATION DISTRICT – ENERGY CONSUMERS ADVISORY
COMMITTEE (Peña)
20. COVID-19 SMALL BUSINESS EMERGENCY ECONOMIC RELIEF PROGRAM AD
HOC COMMITTEE (Peña and Radi)
21. GREATER CV CHAMBER OF COMMERCE INFORMATION EXCHANGE
COMMITTEE (Radi)
22. CVAG TRANSPORTATION COMMITTEE (Radi)
CITY COUNCIL AGENDA Page 7 of 8 OCTOBER 19, 2021
23. SUNLINE TRANSIT AGENCY (Radi)
24. CITYWIDE SECURITY CAMERAS AD HOC COMMITTEE (Radi)
25. DESERT SANDS UNIFIED SCHOOL DISTRICT COMMITTEE (Radi & Sanchez)
26. ANIMAL CAMPUS COMMISSION (Sanchez)
27. LEAGUE OF CALIFORNIA CITIES – TRANSPORTATION, COMMUNICATION
AND PUBLIC WORKS POLICY COMMITTEE (Sanchez)
28. RIVERSIDE LOCAL AGENCY FORMATION COMMISSION (Sanchez)
29. PALM SPRINGS AIRPORT COMMISSION MEETING MINUTES DATED
SEPTEMBER 22, 2021
319
30. FINANCIAL ADVISORY COMMISSION MEETING MINUTES DATED JUNE 2,
2021
323
ADJOURNMENT
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The next regular meeting of the City Council will be held on November 2, 2021,
at 4:00 p.m. at the City Hall Council Chambers, 78495 Calle Tampico, La Quinta,
CA 92253.
DECLARATION OF POSTING
I, Monika Radeva, City Clerk of the City of La Quinta, do hereby declare that the
foregoing Agenda for the La Quinta City Council meeting was posted on the City’s
website, near the entrance to the Council Chambers at 78495 Calle Tampico,
and the bulletin boards at the Stater Brothers Supermarket at 78630 Highway
111, and the La Quinta Cove Post Office at 51321 Avenida Bermudas, on October
15, 2021.
DATED: October 15, 2021
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.
CITY COUNCIL AGENDA Page 8 of 8 OCTOBER 19, 2021
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 11 OCTOBER 5, 2021
CITY COUNCIL
MINUTES
TUESDAY, OCTOBER 5, 2021
CALL TO ORDER
A regular meeting of the La Quinta City Council was called to order at 3:02
p.m. by Mayor Evans.
This meeting provided teleconferencing accessibility pursuant to Executive
Orders N-60-20 and N-08-21 executed by the Governor of California, and
subsequently Assembly Bill 361 (AB 361, 2021), enacted in response to the
state of emergency relating to novel coronavirus disease 2019 (COVID-19) and
enabling teleconferencing accommodations by suspending or waiving specified
provisions in the Ralph M. Brown Act (Government Code § 54950 et seq.).
Also, out of an abundance of caution, due to a possible COVID-19 exposure
during the Special Joint City Council and Planning Commission meeting held
on September 28, 2021, this meeting was held virtually only and no in-person
attendance was allowed.
PRESENT: Councilmembers Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans
ABSENT: None
STAFF PRESENT: City Manager McMillen, City Attorney Ihrke, City Clerk
Radeva, Deputy City Clerk Romane, Director of Business Unit and Housing
Development Villalpando, Community Resources Director Escobedo,
Community Resources Manager Calderon, Management Assistant Garcia,
Public Works Director/City Engineer McKinney, Interim Finance Director
Martinez, Financial Services Analyst Hallick, Design and Development Director
Castro
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY: Brad Anderson,
Rancho Mirage – said the City was conducting this meeting via
teleconferencing without having the proper protocols in place as required by
Assembly Bill 361 (Stats. 2021, Ch. 165).
CONSENT CALENDAR ITEM NO. 1
9
CITY COUNCIL MINUTES Page 2 of 11 OCTOBER 5, 2021
PUBLIC COMMENT ON CLOSED SESSION ITEM NO. 1
PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY: Brad Anderson,
Rancho Mirage – spoke in opposition of Council’s deliberations under Closed
Session Item No. 1 on the Agenda related to the threat to public services or
facilities as it lacks transparency and limits public participation.
City Attorney Ihrke said Government Code Section 54957, subdivision (a),
expressly authorizes the Council to meet in closed session with certain
enumerated officials, including the agency’s counsel (City Attorney) and their
respective deputies or security consultants, whenever there is a threat to
public services or facilities, which is the case under the current “State of
Emergency” as proclaimed by the State of California and the City pursuant to
the California Emergency Services Act and La Quinta Municipal Code. Mr.
Ihrke noted that whenever there is action taken by the Council in closed
session that requires reporting in accordance with the Brown Act, such actions
are reported in full transparency during the open session portion of the
meeting, and have included authorizations for the City Manager to issue
several executive orders to address matters related to COVID-19.
City Clerk Radeva noted that Council adopted Resolution No. 2021-035 at the
September 28, 2021 special meeting, which made the required findings by AB
361 and authorized the City Manager to implement teleconference
accessibility for conducting public meetings pursuant to AB 361, codified under
Government Code Section 54953, which waive certain provisions of the Brown
Act in order to allow local agencies to continue to meet remotely.
CONFIRMATION OF AGENDA
City Manager McMillen requested to pull Item Nos. 3 and 4 under the
Announcements, Presentations, and Written Communications section of the
Agenda, related to awards issued to the City from the American Public Works
Association Southern California Chapter Coachella Valley Branch; these
presentations will be scheduled for the October 19, 2021 regular Council
meeting.
Councilmembers Fitzpatrick and Sanchez requested to comment on Consent
Calendar Item No. 3.
Council concurred.
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CITY COUNCIL MINUTES Page 3 of 11 OCTOBER 5, 2021
CLOSED SESSION
1. THREAT TO PUBLIC SERVICES OR FACILITIES, PURSUANT TO
SUBDIVISION (a) OF GOVERNMENT CODE § 54957.
CONSULTATION WITH: ALEXANDER JOHNSTON, SENIOR
EMERGENCY MANAGEMENT COORDINATOR; WILLIAM H. IHRKE,
CITY ATTORNEY (Review Continued Need and Response to
Proclaimed State and Local Emergencies Caused by COVID-19)
2. 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)
COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING
AND MOVED INTO CLOSED SESSION AT 3:11 P.M.
MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE
CITY COUNCIL MEETING AT 4:00 P.M. WITH ALL MEMBERS PRESENT
REPORT ON ACTION(S) TAKEN IN CLOSED SESSION:
City Attorney Ihrke reported no actions were taken in Closed Session that
require reporting pursuant to Government Code section 54950 et seq. (Brown
Act).
PLEDGE OF ALLEGIANCE
Councilmember Fitzpatrick led the audience in the Pledge of Allegiance.
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY: Brad Anderson,
Rancho Mirage – said he experienced challenges being able to participate in
prior public meetings via teleconference, he was able to hear the deliberations
but was not able to speak; he is only able to participate via telephonic
accessibility; he is aware he can submit written comments; and the City was
conducting this meeting via teleconferencing without having the proper
protocols in place as required by Assembly Bill 361 (Stats. 2021, Ch. 165).
City Attorney Ihrke said AB 361 was an urgency bill signed into law on
September 16, 2021, by the Governor of California which waived certain
provisions of the Brown Act in order to allow local agencies to continue to meet
remotely, in the same manner that was provided for by the Governor’s
11
CITY COUNCIL MINUTES Page 4 of 11 OCTOBER 5, 2021
Executive Order N-08-21 which expired September 30, 2021; and noted that
Council adopted Resolution No. 2021-035 at the September 28, 2021 special
meeting, which made the required findings by AB 361 and authorized the City
Manager to implement teleconference accessibility for conducting public
meetings pursuant to AB 361, codified under Government Code Section
54953.
The following PUBLIC SPEAKERS, listed in the order in which they spoke,
provided VERBAL COMMENTS VIA TELECONFERENCE ACCESSIBILITY in
general opposition to the Wave at Coral Mountain Resort project:
Robert (Bob) Lasser, La Quinta
Carolyn Winnor, La Quinta
Nancy Bruce, La Quinta
City Attorney Ihrke said Government Code Section 65000 et seq. related to
Planning and Land Use provisions and regulations, sets forth processes that
allow any property owner, or a person with property interest, to submit
applications with the City for entitlement review, which broadly include
general plan amendments, specific plans, zone changes, development
agreements, etc.; noted that the Council will not discuss or take any action on
matters brought by public comments provided under “Public Comment on
Matters Not on the Agenda” as these matters are not agendized on the
agenda; and generally explained the established review process for
entitlement projects as set by state law.
The following PUBLIC SPEAKERS, listed in the order in which they spoke,
provided VERBAL COMMENTS VIA TELECONFERENCE ACCESSIBILITY in
general opposition to the Wave at Coral Mountain Resort project:
Alena Callimanis, La Quinta
Robin Nenninger, La Quinta
City Clerk Radeva said WRITTEN PUBLIC COMMENTS were received by the
following citizens, which were distributed to Council, made publicly available,
and were included in the public record and agenda packet of the meeting:
Edward Lister Smilow, La Quinta – opposing the Wave at Coral Mountain
Resort project;
Nancy Dunn, La Quinta – requesting that Council lift the moratorium on
new short-term vacation rental (STVR) permits for Homeshare permits;
Kay Wolff, La Quinta – related to Business Session Item No. 2 in support
to increase the grant funding award for the Galilee Center.
PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY: Philip Bettencourt,
La Quinta – said the La Quinta section of the CV Link regional project would
provide great opportunities to connect the patrons of the BNP Paribas Open
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CITY COUNCIL MINUTES Page 5 of 11 OCTOBER 5, 2021
tennis tournament to La Quinta’s commercial centers, shopping, and dining
along the Highway 111 corridor.
City Clerk Radeva presented instructions on how to join Council meetings via
teleconference using the Zoom platform and stated that instructions are also
available on the City’s website and listed on the agenda.
ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS
1. PROCLAMATION IN RECOGNITION OF NATIONAL FIRE
PREVENTION WEEK – OCTOBER 3 – 9, 2021
Mayor Evans said the City has issued a Proclamation in recognition of National
Fire Prevention Week; this year’s theme is “Learn the Sounds of Fire Safety”,
and the campaign aims to educate everyone about the different sounds of
smoke and carbon monoxide alarms make and what to do when those alarms
go off.
Mayor Evans said that annually on October 3rd , the flag of the United States
is flown at half-staff in honor of the National Fallen Firefighters Memorial
Service across the nation.
Riverside County Fire Department Fire Safety Specialist Kohl Hetrick thanked
Council for the recognition and gave a brief presentation on the “Learn the
Sounds of Fire Safety” theme and the importance of ensuring that all fire
detection devices are properly maintained and operational.
CAL Fire/Riverside County Fire Department Deputy Fire Marshall Sonia Cooley
spoke of the importance early notification fire alarms provide, particularly
when folks are asleep.
Riverside County Fire Department Eastern Desert Division Chief Bryan White
stressed the importance of closing the door while folks are asleep as it slows
down the flow path and the fire progression, should a fire incident occur.
2. COACHELLA VALLEY WATER DISTRICT (CVWD) PRESENTATION
ON “COACHELLA VALLEY WATER MANAGEMENT: PLANNING AND
IMPLEMENTATION” BY WATER RESOURCES MANAGER ZOE
RODRIGUEZ DEL REY AND DIRECTOR OF COMMUNICATION AND
CONSERVATION KATIE EVANS
Ms. Rodriguez del Rey and Ms. Evans gave a presentation overview on CVWD’s
Water Management Planning, 2022 Water Management Plan Update, Water
13
CITY COUNCIL MINUTES Page 6 of 11 OCTOBER 5, 2021
Supply Assessments and Verifications, and Landscape Plan Checks and Water
Budgets.
3. pulled from the Agenda and will be tabled for 10/19/21 Council meeting
>>> AMERICAN PUBLIC WORKS ASSOCIATION SOUTHERN
CALIFORNIA CHAPTER – COACHELLA VALLEY BRANCH – 2020-
2021 TRAFFIC & MOBILITY PROJECT OF MERIT AWARD FOR THE
LA QUINTA VILLAGE COMPLETE STREETS – A ROAD DIET
PROJECT
4. pulled from the Agenda and will be tabled for 10/19/21 Council meeting
>>> AMERICAN PUBLIC WORKS ASSOCIATION SOUTHERN
CALIFORNIA CHAPTER – COACHELLA VALLEY BRANCH – 2020-
2021 RECREATIONAL FACILITIES PROJECT OF MERIT AWARD
FOR THE SILVERROCK PARK VENUE PROJECT
CONSENT CALENDAR
1. APPROVE SPECIAL COUNCIL MEETING MINUTES OF SEPTEMBER
28, 2021
2. APPROVE DEMAND REGISTERS DATED SEPTEMBER 17 AND 24,
2021
3. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH SHADE
STRUCTURES, INC. DBA USA SHADE & FABRIC STRUCTURES,
INC. THROUGH SOURCEWELL COOPERATIVE PURCHASING FOR
INSTALLATION OF SHADE STRUCTURES AT MONTICELLO PARK
PROJECT NO. 2021-12
4. APPROVE ASSIGNMENT AND ASSUMPTION AGREEMENT AND
AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT FOR
TRACT MAP NO. 33336, PALO VERDE II, A RESIDENTIAL
DEVELOPMENT LOCATED ON THE NORTH SIDE OF AVENUE 58
WEST OF MADISON STREET
5. ADOPT RESOLUTION TO ACKNOWLEDGE RECEIPT OF RIVERSIDE
COUNTY FIRE DEPARTMENT’S ANNUAL INSPECTION REPORT
PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION
13146.4 [RESOLUTION NO. 2021-036]
6. ADOPT RESOLUTION TO AUTHORIZE APPLICATION AND
DESIGNATION OF THE CITY MANAGER AS AUTHORIZED AGENT
FOR THE CITY FOR PURPOSES OF OBTAINING FEDERAL
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CITY COUNCIL MINUTES Page 7 of 11 OCTOBER 5, 2021
FINANCIAL ASSISTANCE PROVIDED BY THE FEDERAL
DEPARTMENT OF HOMELAND SECURITY [RESOLUTION NO. 2021-037]
7. APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE,
AND ADVERTISE FOR BID THE LAKE CAHUILLA ROAD PAVEMENT
IMPROVEMENT PROJECT NO. 2021-07
CONSENT CALENDAR ITEM NO. 3
Councilmembers Fitzpatrick and Sanchez and Mayor Evans said they were
pleased to see this item move forward, park shade structures are a priority
for the community, especially during the hot summer months.
CONSENT CALENDAR ITEM NO. 7
Mayor Evans said she was pleased to see this item move forward as well, as
it is important to have the road repaired prior to the Ironman race in December
2021.
Mayor Pro Tem Radi said it is important for La Quinta to take the lead to repair
the road as it is immediately adjacent to the City’s boundaries, and it impairs
the well-established image of La Quinta.
MOTION – A motion was made and seconded by Councilmembers
Peña/Fitzpatrick to approve the Consent Calendar as recommended, with Item
Nos. 5 and 6 adopting Resolution Nos. 2021-036 and 2021-037, respectively.
Motion passed unanimously.
BUSINESS SESSION
1. INTRODUCE FOR FIRST READING AN ORDINANCE AMENDING
SECTION 3.25.055 OF THE LA QUINTA MUNICIPAL CODE
RELATED TO NON-ISSUANCE OF NEW SHORT-TERM VACATION
RENTAL PERMITS TO PROVIDE AN EXCEPTION FOR THE LA
QUINTA RESORT TENNIS VILLAS [ORDINANCE NO. 596]
City Clerk Radeva presented the staff report, which is on file in the Clerk’s
Office.
Council expressed support for this code amendment and noted that the Tennis
Villas have historically operated as STVRs and were intended to operate as
such within the La Quinta Resort.
MOTION – A motion was made and seconded by Councilmembers
Fitzpatrick/Radi to take up Ordinance No. 596 by title and number only and
waive further reading. Motion passed unanimously.
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CITY COUNCIL MINUTES Page 8 of 11 OCTOBER 5, 2021
City Clerk Radeva read the following title of Ordinance No. 596 into the record:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, AMENDING CHAPTER 3.25 OF THE LA
QUINTA MUNICIPAL CODE BY AMENDING SECTION 3.25.055
RELATED TO NON-ISSUANCE OF NEW SHORT-TERM VACATION
RENTAL PERMITS TO PROVIDE AN EXCEPTION FOR THE LA
QUINTA RESORT TENNIS VILLAS/TENNIS CONDOS
MOTION – A motion was made and seconded by Councilmembers
Fitzpatrick/Radi to introduce at first reading Ordinance No. 596 as
recommended. Motion passed unanimously.
2. APPROVE FIRST ROUND COMMUNITY SERVICES GRANTS FOR
FISCAL YEAR 2021/22
Community Resources Manager Calderon presented the staff report, which is
on file in the Clerk’s Office.
Councilmembers said they were pleased to see the continued use of the
starter-grant option which allows organizations to come back in the future and
request additional grant funding should their programs be successful;
discussed the rationale used to allocate grant funding was focused on ensuring
the La Quinta community specifically would primarily benefit from the
programs and services offered, and the City separately provides substantial
contributions to support a myriad of regional needs and efforts, including
housing; and asked staff to explore other options the City should consider
participating in the future.
PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY (listed in the order
in which they spoke) thanked the City for the support and gave brief overview
of the services and programs their organizations offer:
Liz Nabie, Director of Grant Development with Desert Arc
Maria Norman, Teacher with John Glenn Middle School
Rebecca Norton, Executive Director for Soroptimist House, Inc.
Justin Hickey, School-Age Director of Licensed Programs with YMCA of
the Desert
Lupe Torres-Hilario, Director of Operations with Galilee Center
At the beginning of the meeting City Clerk Radeva announced that WRITTEN
PUBLIC COMMENTS for this item were received from Kay Wolff, La Quinta,
related to the grant funding being provided to the Galilee Center, which were
distributed to Council, made publicly available, and were included in the public
record and agenda packet of the meeting.
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CITY COUNCIL MINUTES Page 9 of 11 OCTOBER 5, 2021
MOTION – A motion was made and seconded by Councilmembers Peña/Radi
to approve first round Community Services Grants for a total of $21,500 for
fiscal year 2021/22 as follows:
Academy of Musical Performance $2,500
Alzheimer’s Association $5,000
Assistance League of Coachella Valley $1,500
Desert Arc $5,000
Galilee Center $1,500
John Glen Middle School $500
Soroptimist House Inc. $500
YMCA of the Desert $5,000
Motion passed unanimously.
3. APPROVE VETERAN NOMINATIONS FOR INCLUSION ON THE
VETERANS’ ACKNOWLEDGEMENT MONUMENTS AT CIVIC CENTER
CAMPUS
Community Resources Manager Calderon introduced Management Assistant
Garcia who presented the staff report, which is on file in the Clerk’s Office.
Council discussed honoring fallen Marine Corporal Hunter Lopez by adding his
name on the veterans’ memorial monument, in the same way that US Army
Staff Sergeant James Perez was honored in the past; adding a piece to the
monuments dedicated to honoring Gold Star Families; adding Space Force
veterans to the monument in the future; the Air Force and National Guard are
branches of the US Army and importance to clarify this information on the
Veterans Recognition Program application; and the recognition ceremony will
be held in the courtyard at City Hall.
MOTION – A motion was made and seconded by Councilmembers
Fitzpatrick/Sanchez to approve veteran nominations for inclusion on the
Veterans Acknowledgment monuments at the Civic Center Campus. Motion
passed unanimously.
4. APPROVE AMENDMENT NO. 4 AND RELATED DOCUMENTS TO
PURCHASE, SALE, AND DEVELOPMENT AGREEMENT WITH
SILVERROCK DEVELOPMENT COMPANY, LLC. FOR SILVERROCK
RESORT, AND REQUIRE DEVELOPER TO PRESENT MONTHLY
PROGRESS UPDATES AT COUNCIL MEETINGS UNTIL FRAMING OF
LUXURY HOTEL GUEST ROOMS IS COMPLETE
SilverRock Development Company (SDC) President and CEO Robert Green
provided a detailed presentation on the project’s progress and sequence of
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CITY COUNCIL MINUTES Page 10 of 11 OCTOBER 5, 2021
activities onsite for 1) Montage Hotel and Spa, 2) Montage Residences, 3)
Conference and Share Services Building, 4) Golf Clubhouse, 5) Pendry
Residences, and 6) Pendry Hotel.
City Manager McMillen presented the staff report, which is on file in the Clerk’s
Office.
Council discussed Amendment No. 4 to the PSDA requires the developer to
provide monthly updates to the Council and will cure the default; the City will
be reviewing and approving scheduled changes, should there be any;
scheduled completion dates pursuant to the terms of Amendment No. 4;
thanked Mr. Green for the presentation; and noted the project’s progress has
been remarkable.
Mr. Green thanked the City for the collaboration, patience, and understanding.
MOTION – A motion was made and seconded by Councilmembers
Radi/Sanchez to approve Amendment No. 4 and related documents to the
Purchase, Sale, and Development Agreement with SilverRock Development
Company, LLC. for SilverRock Resort; authorize the City Manager and City
Attorney to (i) make minor revisions and additions as necessary that do not
substantively change the business terms, and (ii) execute and implement said
agreements and other documents necessary; and require developer to present
monthly progress updates at council meetings until framing of Luxury Hotel
guest rooms is complete. Motion passed unanimously.
STUDY SESSION – None.
PUBLIC HEARINGS – None.
DEPARTMENTAL REPORTS – None.
MAYOR’S AND COUNCIL MEMBERS’ ITEMS
Councilmember Fitzpatrick reminded folks that animals must be on a leash
when on public property, such as hiking trails, parks, etc. Mayor Pro Tem Radi
noted that this is a state requirement as well.
Mayor Evans said on Saturday, October 2, 2021, La Quinta High School
(LQHS) Blackhawks held “local heroes” ceremony during halftime of the
football game against Shadow Hills High School, and honored Marine Corporal
Hunter Lopez, a 2017 LQHS graduate who was one of the 13 Marines killed in
a bombing at the Kabul, Afghanistan, airport, and 2019 La Quinta graduate,
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CITY COUNCIL MINUTES Page 11 of 11 OCTOBER 5, 2021
Lance Corporal Salvador Lule, who was one of the 15 people injured in the
blast.
REPORTS AND INFORMATIONAL ITEMS
La Quinta’s representative for 2021, Mayor Evans reported on her participation
in the following organization’s meeting:
GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU
La Quinta’s representative for 2021, Councilmember Peña reported on his
participation in the following organizations’ meetings:
IID ENERGY CONSUMERS’ ADVISORY COMMITTEE
LEAGUE OF CALIFORNIA CITIES – 2021 ANNUAL CONFERENCE
La Quinta’s representative for 2021, Mayor Pro Tem Radi reported on his
participation in the following organization’s meeting:
SUNLINE TRANSIT AGENCY
ADJOURNMENT
There being no further business, a motion was made and seconded by
Councilmembers Radi/Fitzpatrick to adjourn at 7:02 p.m. Motion passed
unanimously.
Respectfully submitted,
MONIKA RADEVA, City Clerk
City of La Quinta, California
19
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SPECIAL JOINT MEETING Page 1 of 7 SEPTEMBER 28, 2021
CITY COUNCIL & PLANNING COMMISSION MINUTES
SPECIAL JOINT MEETING
OF THE CITY COUNCIL AND
PLANNING COMMISSION
MINUTES
TUESDAY, SEPTEMBER 28, 2021
CALL TO ORDER
A special joint meeting of the La Quinta City Council and La Quinta Planning
Commission was called to order at 5:00 p.m. by Mayor Evans.
This meeting provided teleconferencing accessibility pursuant to Executive Orders
N-60-20 and N-08-21 executed by the Governor of California, and subsequently
Assembly Bill 361 (AB 361, 2021), enacted in response to the state of emergency
relating to novel coronavirus disease 2019 (COVID-19) and enabling
teleconferencing accommodations by suspending or waiving specified provisions
in the Ralph M. Brown Act (Government Code § 54950 et seq.).
PRESENT: Councilmembers Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans
ABSENT: None
PRESENT: Commissioners Caldwell, Currie, Hassett, McCune, Proctor, Tyerman,
and Chairperson Nieto
ABSENT: None
STAFF PRESENT: City Manager McMillen, City Attorney Ihrke, City Clerk Radeva,
Management Assistant McGinley, Design & Development Director Castro, Planning
Manager Flores, Public Works Director/City Engineer McKinney, Management
Director of Business Unit and Housing Development Villalpando, Community
Resources Director Escobedo
CITY CONSULTANT PRESENT: Consulting Planner Nicole Criste with Terra Nova
Planning & Research
MAYOR EVANS ACTED AS PRESIDING OFFICER OVER THE JOINT MEETING
PLEDGE OF ALLEGIANCE
Councilmember Sanchez led the audience in the Pledge of Allegiance.
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None
CONFIRMATION OF AGENDA – Confirmed
CONSENT CALENDAR ITEM NO. 2
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SPECIAL JOINT MEETING Page 2 of 7 SEPTEMBER 28, 2021
CITY COUNCIL & PLANNING COMMISSION MINUTES
STUDY SESSION
1. DISCUSS THE WAVE AT CORAL MOUNTAIN PROJECT DRAFT
ENVIRONMENTAL IMPACT REPORT (EIR)
City Consulting Planner Nicole Criste presented the staff report, which is on file in
the Clerk’s Office.
Council discussed traffic analysis procedure; incorporating the State’s updated
greenhouse gas emission mitigation; traffic “trips” anticipated at the busiest
intersection of Washington Street and Highway 111 for comparison; one
Development Agreement for the entire project covering all Site Development
Permits; timing of traffic signal installation; future decision regarding installing
cameras at intersections; process for street lighting survey; non-mitigatable
impacts of public views and greenhouse gases; trips per day during special events;
use of reclaimed water in the future if Coachella Valley Water District makes it
available in that area; Imperial Irrigation District power sufficiency for the project;
and inclusion of solar panels on all rooftops.
Commissioners discussed the mitigation of cultural and tribal resources; special
event traffic management; water consumption data and how calculated;
perimeter wall construction timing; public recreation trail through/around the
development; inclusion of greenhouse gas levels from construction products as
part of construction period numbers, not post-completion numbers; light pollution
and 80’ high poles by the wave basin; list of water features for aesthetic and/or
hydrological purposes in EIR table 4.9-1; visual impact of light poles and light
impacts on neighboring communities both during day and night; photometric data
in EIR exhibits 4.1.14 through 4.1.19; inclusion of service vehicle traffic in traffic
study; offsite improvements on Avenue 60; water source for surf park – domestic,
well, or canal water is to be determined; timing of development phases are to be
determined; request for a demonstration installation of one or two proposed 80’
light poles to definitively determine impact; whether traffic study analyzed
impacts on two PGA West entry/exit gates; and the coming analysis of this
development’s consistency with the City’s General Plan.
Project Manager John Gamlin with CM Wave Development, LLC., provided a brief
presentation on the project’s impressions and benefits, comment and questions
raised, and design features in progress. Mr. Gamlin and staff answered
Councilmembers’ and Commissioners’ questions regarding the number of pole
lights (answer: 17); means to restrict the private wave park from transitioning to
a public facility in the future (answer: Conditions of Approval will be the legal
enforceable document); contingency plan if wave park becomes non-viable or
unsustainable in the future (answer: redevelopment will be proposed); and
difference between water use of a golf course development versus this wave park
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SPECIAL JOINT MEETING Page 3 of 7 SEPTEMBER 28, 2021
CITY COUNCIL & PLANNING COMMISSION MINUTES
development (answer: golf course uses 100 acre feet more water annually – wave
park development will use about 20% less water).
PUBLIC SPEAKERS IN-PERSON - comments in opposition to the proposed project
were provided by the following citizens, listed in the order in which they spoke:
Bruce Bauer, La Quinta – spoke on behalf of a myriad of residents who are
concerned about this project as it would change the fundamental character
of the City, which as these residents see it is defined by developments that
are low-density, quiet, low traffic, and present unencumbered mountain
vistas that are illuminated by the stars at night; the proposed project of a
large scale commercial enterprise, which will hold re-occurring festivals,
with 150 rooms, 600 residential units, which can be operated as short-term
vacation rentals (STVRs), increase traffic, and include an enormous surf
basin which will be heavily illuminated does not fit the characteristic
development in the Gem of the Desert; and noted the main concerns
regarding this project are with regards to traffic, water, and noise.
Derek Wong, La Quinta – spoke on behalf of La Quinta Residents for
Responsible Development: “Say NO to the Wave,” currently 1,000 members
and growing, in opposition of this project; and spoke of the summary
responses submitted to the Draft EIR by the Bighorn Institute, Center for
Biological Diversity, California Department of Fish and Wildlife, and the
Southwest Regional Council of Carpenters.
Robert (Bob) Lasser, La Quinta – noted the critical importance of following
the 2035 La Quinta General Plan and spoke in opposition of the proposed
zone change to Tourist Commercial requested by the developer.
Sheila Warren, La Quinta – said the private resort and variances requested
by the developer conflict with the 2035 La Quinta General Plan, and this
project would not benefit the La Quinta community.
Sandra Stratton, La Quinta – spoke about Section 4.1 – Aesthetics of the
proposed Draft EIR and the adverse impact of the project’s lighting and glare
on the neighboring communities, Coral Mountain, and wildlife.
Carolyn Winnor, La Quinta – spoke about the adverse impact of the resort
noise that would be generated by the proposed project and that it conflicts
with the 2035 La Quinta General Plan.
Robin Nenninger, La Quinta – spoke about the adverse impact of special
events and STVRs that would be generated by the proposed project to the
surrounding communities.
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CITY COUNCIL & PLANNING COMMISSION MINUTES
Laura DuMaurier, La Quinta – spoke about the impact of Greenhouse Gases
and Electrical/Energy impacts of the proposed project with respect to the
2035 La Quinta General Plan and Draft EIR.
Kelly Welton, La Quinta – spoke about the ongoing drought in the U.S.
Southwest with respect to the 2035 La Quinta General Plan and Draft EIR,
the importance of conservation of natural resources, and the efficient use
and conservation of the City’s water resources.
Alena Callimanis, La Quinta – spoke about the water supply assessment
provided in Appendix M of the Draft EIR and 2035 La Quinta General Plan
Section on Conservation of Natural Resources II-136.
Rob Michiels, La Quinta – spoke about potential adverse impacts to the
surrounding comminutes from the proposed sub-phased project build-out
by the developer as it is based on “consumer and market demand” and may
never be completed; and the rezoning requested by the developer is not
consistent with the 2035 La Quinta General Plan as it is not residentially
focused.
The following PUBLIC SPEAKERS VIA TELECONFERENCE ACCESSIBILITY, listed in
the order in which they spoke, provided VERBAL COMMENTS:
James Rose, La Quinta – expressed concerns about the traffic impacts the
proposed project would cause for the community; noted that this project
does not complement or benefit the La Quinta community in any way; and
the proposed use is incompatible with the General Plan.
Mike Charles, La Quinta – said the project is not compatible with the General
Plan; according to California Environmental Quality Act (CEQA) guidelines
the Draft EIR must be made available and readable in such a way as to
understand its content by the average citizen, which this report is not; the
traffic flow data used is inaccurate calendar date recording, thus its data
collection sways any conclusions; recommended that the project be denied;
the proposed project location was meant for a residential and not a
commercial development, which if approved would drastically affect the
residential fabric of the area.
Omar Cobian, La Quinta – also a member of the Southwest Regional Council
of Carpenters – requested that the City require the developer to use skilled
and local trained workforce should the development be approved; he does
not oppose the project, but recommended that workforce requirements be
imposed should the project be approved.
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SPECIAL JOINT MEETING Page 5 of 7 SEPTEMBER 28, 2021
CITY COUNCIL & PLANNING COMMISSION MINUTES
Jeffrey Rasak, La Quinta – also serving as the President, Chairman, and CEO
of Sterling Development Corporation in San Diego; noted he is opposed to
the project; he has read the Draft EIR and was disappointed, he does not
believe the project is sustainable; the project is not compatible with the
General Plan; the developer does not have the experience and track-record
to complete this project; expressed concerns about the proposed 80’ light
features; and encouraged the Council not to approve the project.
Mary Herrington, La Quinta – said the presentation of the project and
findings are biased; the project is not a “done deal;” and Council should
investigate all of the relevant facts.
MAYOR EVANS CALLED FOR A BRIEF RECESS AT 7:41 P.M.
MAYOR EVANS RECONVENED THE SPECIAL JOINT MEETING AT 7:48 P.M. WITH
ALL MEMBERS OF THE CITY COUNCIL AND PLANNING COMMISSION PRESENT
PUBLIC SPEAKERS IN-PERSON – comments in support of the proposed project
were provided by the following citizens, listed in the order in which they spoke:
David Hilts, Palm Desert – founded non-profit Coachella Valley Surf Club
focused on introducing surfing to kids and assisting kids with obtaining the
necessary equipment; there are three other projects for surf parks in the
Coachella Valley that have been approved; spoke in support of the project
and said it will benefit the community.
Tom Klein, La Quinta – helped open many hotel/resort facilities in Australia,
South Africa, Europe, United States, and Latin America; has been following
the planning and development of this project for about five years very
closely due to his sensitivity and concern for the environment and
sustainability; he understands the concerns and hurdles that can be
associated with projects of this magnitude, but the concerns voiced tonight
will be addressed through the review process; the La Quinta community
needs to evolve and change and embrace projects like this in a positive way,
and be mindful not only of the local community, but also of what we would
want our community to look like in 10-15-20-30 years; this project can
provide a new lifestyle community for La Quinta; embrace the new
fundamental philosophy of living younger, longer; and the developer has
guaranteed funding for this project.
David Turner, La Quinta – the proposed project is an upscale private resort
with boutique hotel that is intended to complement the surrounding area,
and its wave park and myriad of outdoor amenities will bring a fresh new
vibe to the area attracting the younger active-lifestyle adult this community
needs; will provide opportunities for new homeownership, create new jobs
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SPECIAL JOINT MEETING Page 6 of 7 SEPTEMBER 28, 2021
CITY COUNCIL & PLANNING COMMISSION MINUTES
for the community, generate revenues for the City, and utilize sustainable
methods of operations; he plans to build a home adjacent to the project;
and La Quinta is fortunate that the developer has chosen to locate this
development here.
Joe Hammer, La Quinta – long-time Coachella Valley resident and long-time
landowner in La Quinta; noted new developments often are opposed by
residents and gave examples of the local commercial and residential
developments that were strongly opposed but became successful in the
cities of Palm Springs, Palm Desert, and La Quinta; owns land adjacent to
this project; this project is a great addition to the community, it will
generate revenues for the City, and will help deter the crime problem; the
community continues to grow and evolve; and expressed his support for the
project.
Fritz Bachli, La Quinta – spoke about how similar developments would be
processed in Switzerland; and encouraged the audience to visit Switzerland
and visit the surf park there.
The following citizens submitted requests to speak in support of the project, but
were not present when called upon for public comment:
Bryan Levy, La Quinta
James Sanderson, La Quinta
Harold Portillo, Kelly Slater Wave Company, Los Angeles
Chris Phebus, Kelly Slater Wave Company, Los Angeles
Daniel Richland, La Quinta
Connie Varelli, La Quinta
WRITTEN PUBLIC COMMENTS – City Clerk Radeva reported that the following
correspondence was received, listed in alphabetical order, which were distributed
to Council, made publicly available, and were included in the public record and
agenda packet of the meeting:
Anonymous Attendee (via Zoom teleconference) – opposing the project
Mike Charles, La Quinta – opposing the project
Laura Clarke, Rancho Mirage – opposing the project
Desert Recreation District (Kevin Kalma, General Manager) – supporting the
project
Chris Hubbard, La Quinta, of The Hubbard-Stratton Group – supporting the
project
Carol Lynn McNally, La Quinta – opposing the project
*Scott Moore, La Quinta (via Zoom teleconference) – supporting the project
Anne O’Brien, La Quinta – opposing the project
Greg R, Indio – opposing the project
*Edward Smilow, La Quinta – opposing rezoning the project area
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CITY COUNCIL & PLANNING COMMISSION MINUTES
Tahquitz Group of the Sierra Club (Joan Taylor, Conservation Chair) –
requesting the construction of a barrier, within two years of development,
to protect the adjacent bighorn sheep natural habitat from the proposed
project.
*Connie Varelli, La Quinta – supporting the project
*Written Comments listed in italic above were received after the start of the
meeting, but prior to its adjournment; these comments were not verbally
announced during the meeting, however, they were included in the public record
and agenda packet of the meeting.
The following public speakers who provided verbal comments as listed above also
submitted their presentations to be included as WRITTEN PUBLIC COMMENTS for
the public record and agenda packet of the meeting (the presentation materials
are listed in the order in which they were provided and presented):
Derek Wong, La Quinta
Robert (Bob) Lasser, La Quinta
Sheila Warren, La Quinta
Sandra Stratton, La Quinta
Carolyn Winnor, La Quinta
Robin Nenninger, La Quinta
Laura DuMaurier, La Quinta
Kelly Welton, La Quinta
Alena Callimanis, La Quinta
Rob Michiels, La Quinta
Councilmembers and Planning Commissioners thanked staff and speakers for their
presentations and comments, noted all comments are reviewed and taken into
consideration, and explained that this session was merely one step in a long and
thorough process of evaluation of the project.
COUNCIL AND PLANNING COMMISSION MEMBERS’ ITEMS – None
ADJOURNMENT – CITY COUNCIL AND PLANNING COMMISSION
There being no further business, a motion was made and seconded by
Councilmembers Radi/Fitzpatrick to adjourn the joint special meeting at 8:24 p.m.
Motion passed unanimously.
Respectfully submitted,
MONIKA RADEVA, City Clerk
City of La Quinta, California
27
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CITY COUNCIL MINUTES Page 1 of 16 AUGUST 3, 2021
CITY COUNCIL
MINUTES
TUESDAY, AUGUST 3, 2021
CALL TO ORDER
A regular meeting of the La Quinta City Council was called to order at 3:00
p.m. by Mayor Evans.
This meeting provided teleconferencing accessibility pursuant to Executive
Orders N-25-20, N-29-20, N-33-20, N-35-20, N-60-20, and N-08-21 executed
by the Governor of California, in response to the state of emergency relating
to novel coronavirus disease 2019 (COVID-19) and enabling teleconferencing
accommodations by suspending or waiving specified provisions in the Ralph M.
Brown Act (Government Code § 54950 et seq.).
PRESENT: Councilmembers Fitzpatrick, Peña, Radi, Sanchez, Mayor Evans
ABSENT: None
STAFF PRESENT: City Manager McMillen, City Attorney Ihrke, City Clerk
Radeva, Deputy City Clerk Romane, Director of Business Unit and Housing
Development Villalpando, Community Resources Director Escobedo, Human
Resources Analyst Triplett, Community Resources Manager Calderon,
Management Analyst Calderon, Public Safety Manager Mendez, Senior
Emergency Management Coordinator Johnston, Public Works Director/City
Engineer McKinney, Interim Finance Director Martinez, Financial Services
Analyst Hallick, Senior Planner Flores, Design and Development Director
Castro; CAL Fire/Riverside County Fire Department Deputy Chief Robert Fish
and Eastern Desert Division Chief Bryan White
CITY CONSULTANTS: Robert Finn, Senior Manager with Matrix Consulting
Group, and Terry Madsen, President with ClearSource Financial Consulting
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None
CONFIRMATION OF AGENDA
City Manager McMillen requested to pull Consent Calendar Item No. 9 from
consideration on tonight’s Agenda.
CONSENT CALENDAR ITEM NO. 3
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CITY COUNCIL MINUTES Page 2 of 16 AUGUST 3, 2021
City Clerk Radeva said City Attorney Ihrke will make a verbal announcement
on Consent Calendar Item Nos. 17, 19, and 20 regarding the salaries and
fringe benefits of the City’s executive employees pursuant to the Brown Act
[Government Code Section 54953(c)(3)].
Councilmember Peña said he will recuse himself and abstain from discussion
and vote on Consent Calendar Item No. 6 due to a potential conflict of interest
stemming from the proximity of real property interest to this project; and
requested that the item be pulled for a separate vote.
Council concurred.
CLOSED SESSION
1. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6; CITY DESIGNATED
REPRESENTATIVE: CHRIS ESCOBEDO, DIRECTOR OF
COMMUNITY RESOURCES, AND EMPLOYEE ORGANIZATION: LA
QUINTA CITY EMPLOYEES’ ASSOCIATION, AND
UNREPRESENTED EMPLOYEES (VARIOUS POSITIONS IN ALL
CITY DEPARTMENTS)
2. THREAT TO PUBLIC SERVICES OR FACILITIES, PURSUANT TO
SUBDIVISION (a) OF GOVERNMENTAL CODE SECTION 54957.
CONSULTATION WITH: ALEXANDER JOHNSTON, SENIOR
EMERGENCY MANAGEMENT COORDINATOR; WILLIAM H. IHRKE,
CITY ATTORNEY (Review Continued Need and Response to
Proclaimed State and Local Emergencies caused by COVID-19)
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)
COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING
AND MOVED INTO CLOSED SESSION AT 3:04 P.M.
MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE
CITY COUNCIL MEETING AT 4:00 P.M. WITH ALL MEMBERS PRESENT
REPORT ON ACTION(S) TAKEN IN CLOSED SESSION:
City Attorney Ihrke reported the following pursuant to Government Code
section 54950 et seq. (Brown Act):
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CITY COUNCIL MINUTES Page 3 of 16 AUGUST 3, 2021
CLOSED SESSION ITEM NO. 1 – labor negotiations have concluded;
and Council will consider these matters during the Open Session portion
of the meeting under Consent Calendar Item Nos. 19 and 20 on
tonight’s agenda;
CLOSED SESSION ITEM NO. 2 – no reportable action; and
CLOSED SESSION ITEM NO. 3 – no reportable action.
PLEDGE OF ALLEGIANCE
Councilmember Peña led the audience in the Pledge of Allegiance.
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
(listed in the order in which they spoke)
PUBLIC SPEAKER IN-PERSON: Alena Callimanis, La Quinta – spoke about the
operations of the WADI Adventure Park in the United Arab Emirates and how
it compares to the proposed Wave Park at Coral Mountain (Wave); the
Coachella Valley Water District (CVWD) water assessment for the Wave; water
evaporation calculations based on the Lemoore Surf Ranch as compared to
the desert weather; water usage comparison between golf courses versus surf
pool facilities; alternative recreational facilities that can be developed on the
proposed site instead of the Wave; and noted the Wave would have an adverse
impact on the neighboring residential communities.
PUBLIC SPEAKER IN-PERSON: Kelly Welton, La Quinta – asked who would be
responsible for addressing any noise complaints from residents related to the
Wave; and provided a photo as a hand-out, which was included in the public
record and agenda packet of the meeting, depicting the size of the Wave and
its proximity to the adjacent Trilogy residential development.
PUBLIC SPEAKER IN-PERSON: Wendy Clarke, La Quinta – a long-time
Coachella Valley resident and 16 years in La Quinta; noted the Coral Mountain
area provides little revenue for the City in comparison with other areas due to
the Thermal redevelopment project; spoke about the developer’s request to
rezone the area to Tourist Commercial which would generate transient
occupancy tax revenue for the City, however, the Wave would adversely
impact the quality of life of the existing residents in the adjoining communities
due to the noise, broadcast music, short-term vacation rentals (STVRs), and
special events that would be held; the surrounding communities are quiet
residential, not a tourist destination, and it needs to be protected; the current
drought conditions in California are not proper conditions for the Wave project
which would use significant amount of water; the mutual responsibilities for
everyone are to reduce water consumption, CVWD should deny all requests
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CITY COUNCIL MINUTES Page 4 of 16 AUGUST 3, 2021
requiring excessive amounts of water, the City should require studies that
evaluate local evaporation rates, the actual noise at the site, and traffic studies
that are post pandemic, the City should observe its 2035 General Plan –
Livable Community that speaks to the long-term quality of life of its residents;
change is inevitable, however, the Wave is beyond unreasonable; and asked
the City to honor south La Quinta’s established communities, reject the Wave’s
rezoning request as it would adversely impact the quality of life of the
residents.
PUBLIC SPEAKER IN-PERSON: Diane Rebryna, La Quinta – she and her
husband love La Quinta, particularly its beautiful and tranquil southeast
corner; has reviewed in detail the Draft Environmental Impact Report (EIR)
for the Coral Mountain Resort, which was quite voluminous and intimidating,
and difficult to evaluate all of the potential impacts on the surrounding
communities; has also reviewed the 2021 California Environmental Quality Act
(CEQA) Guidelines which was used to develop environmental impact reports;
the Wave would adversely impact the residents of the surrounding
communities due to the developer’s requests: 1) for sub-phased development
based on market and consumer demand which may take a long time to
complete construction, and 2) to hold special events, which would create noise
and traffic impacts; the Wave is not a feasible project for the desert area due
to the high temperatures, high evaporation rates, and during a drought; and
noted there is a global movement underway to conserve water.
PUBLIC SPEAKER IN-PERSON: Anast Demitt, La Quinta – said he is semi-
retired forensics structural engineer; the Draft EIR is one of the worst technical
documents he has read; a major concern was the section of the Draft EIR
related to traffic as the traffic study included is flawed as it was conducted
during COVID-19 and it underestimates the actual number of vehicle trips and
related consequences; expressed concerns about the proposed 80’ tall light
poles and anticipated light spillage onto the surrounding communities, as well
as concerns about the proposed STVR use of the residential units of the
development; the Wave is not compatible with the 2035 General Plan,
particularly the section on Livable Community which addresses the long-term
quality of life of the residents; and asked Council to read the Draft EIR which
does not provide enough information with certainty to allow for rezoning and
to ensure that there won’t be long-term life impacting consequences for the
nearby residents.
PUBLIC SPEAKER IN-PERSON: David Dinnel, La Quinta – spoke about
egregious STVRs renters, particularly in instances when the host is not able
to control the guests’ behavior, and possible collaboration with the City to
apply enforcement and achieve compliance without adversely impacting the
host’s ability to operate as STVR.
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PUBLIC SPEAKER VIA TELECONFERENCE: Kathy Weiss, La Quinta – said the
location proposed for the Wave project was not appropriate due to the
potential adverse impacts caused by noise, Tourist Commercial zoning and
operations, STVRs, hotel operations, etc., and it is not consistent with the
nearby residential developments and the quiet quality of life; the proposed
development timeline is 40 years; the Draft EIR incorrectly states that there
would be no adverse effect to the surrounding communities; and requested
that Council does not approve the Wave project.
City Clerk Radeva noted that Ms. Weiss was donated additional speaker time
by Derek Wong and Michael Stepp.
City Clerk Radeva said WRITTEN PUBLIC COMMENTS were received by the
following citizens, listed in alphabetical order, which were distributed to
Council, made publicly available, and were included in the public record and
agenda packet of the meeting:
Wendy Clarke, La Quinta – opposing the Wave project;
Diane Rebryna and Anast Demitt, La Quinta – opposing The Wave
project;
Ruth Utti, La Quinta – requesting that Council consider amending the
moratorium on STVRs to include the La Quinta Resort Tennis Villas in
the moratorium exemptions.
The following public speakers who provided verbal comments as listed above
also submitted their comments/presentations to be included as WRITTEN
PUBLIC COMMENTS for the public record and agenda packet of the meeting
(the presentation materials are listed in the order in which they were presented
by the public speakers):
Alena Callimanis, La Quinta
Kelly Welton, La Quinta
Wendy Clarke, La Quinta
Diane Rebryna, La Quinta
Anast Demitt, La Quinta
Kathy Weiss, La Quinta
Council thanked the audience for their engagement, participation, and valuable
comments; noted developers have the right to propose developments, and the
City must go through the project review and consideration as prescribed by
state law.
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CITY COUNCIL MINUTES Page 6 of 16 AUGUST 3, 2021
ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS
1. ORGANICS RECYCLING PROGRAM EDUCATION UPDATE BY CLARA
VERA, MUNICIPAL MARKETING MANAGER WITH BURRTEC WASTE
& RECYCLING
Vice President Frank Orlett with Burrtec Waste & Recycling introduced District
Environmental Coordinator Mike Veto, who is the boots on the ground for La
Quinta, and Municipal Marketing Manager Clara Vera who gave a brief
presentation on Burrtec’s Commercial Waste Organics Program Compliance,
focus, efforts, and objectives.
Ms. Vera noted La Quinta is 98% compliant with the requirements of AB 1826,
the mandatory Commercial Organic Waste Recycling law which requires
businesses that generate specified amount of organic waste (compost) to
arrange for organics collection services; this includes schools, hospitals, stores,
restaurants, for-profit or nonprofit organizations, as well as multi-family
dwellings with 5+ units; and commended La Quinta for its leadership,
partnering and collaboration, and support of local businesses to achieve
compliance and make an impact.
2. THE REIMAGINATION OF CHILDREN’S DISCOVERY MUSEUM OF THE
DESERT – PRESENTATION BY CINDY BURRESON, CHIEF EXECUTIVE
OFFICER WITH THE CHILDREN’S DISCOVERY MUSEUM
Chief Executive Officer Cindy Burresom gave a brief overview of the activities
and programs of the Children’s Discovery Museum of the Desert, including the
Museum’s long-term expansion plan; asked the City for its support and
assistance; noted that the Museum will be submitting a grant application;
asked Council to participate on the Museum’s Board; explore opportunities to
include funding for the Museum in future budgets; and provide opportunities
for exposure.
CONSENT CALENDAR
1. APPROVE MEETING MINUTES OF JUNE 15, 2021
2. APPROVE DEMAND REGISTERS DATED JULY 16 AND 23, 2021
3.AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO AWARD
MAINTENANCE AND/OR REPAIR WORK TO CREATIVE LIGHTING
& ELECTRICAL, INC. FOR UP TO $100,000 IN FISCAL YEAR
2021/22, WHEN THEY ARE THE QUALIFIED AND/OR LOWEST
BIDDER
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CITY COUNCIL MINUTES Page 7 of 16 AUGUST 3, 2021
4. AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO AWARD
MAINTENANCE AND/OR REPAIR WORK TO VINTAGE
ASSOCIATES, INC. FOR UP TO $100,000 IN FISCAL YEAR
2021/22, WHEN THEY ARE THE QUALIFIED AND/OR LOWEST
BIDDER
5. AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO AWARD TO
PWLC II, INC. UP TO $150,000 IN ADDITIONAL WORK IN FISCAL
YEAR 2021/22, AS A SINGLE SOURCE FOR MEDIAN LANDSCAPE
RESTORATION WITHIN THE LIGHTING & LANDSCAPE
ASSESSMENT DISTRICT 89-1 AND FOR MAINTENANCE AND
REPAIR WORK WHEN THEY ARE THE QUALIFIED AND/OR
LOWEST BIDDER
6.pulled for a separate vote by Councilmember Peña >>> APPROVE
CHANGE ORDER NO. 2 TO CONTRACT WITH CONVERGINT
TECHNOLOGIES AND ACCEPT CITYWIDE PUBLIC SAFETY
CAMERA SYSTEM PROJECT NO. 2020-03
7. APPROVE CHANGE ORDER NO. 6 AND NO. 7 TO CONTRACT WITH
JONES BROS CONSTRUCTION COMPANY FOR THE SILVERROCK
WAY STREET IMPROVEMENTS PROJECT NO. 2014-13/141513
FOR SEWER AND WATER ADDITIONAL WORK REQUESTS AND
AUTHORIZE THE RELEASE OF RETENTION FOR WORK COMPLETE
8. APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE,
AND ADVERTISE FOR BID THE LA QUINTA LANDSCAPE
RENOVATION IMPROVEMENTS PROJECT, LOCATED AT THE LA
QUINTA TOPAZ DEVELOPMENT, ON THE SOUTH SIDE OF MILES
AVENUE AND WEST SIDE OF DUNE PALMS ROAD (PROJECT NO.
2016-03F)
9.pulled from consideration by Staff >>> APPROVE PLANS,
SPECIFICATIONS, ENGINEER’S ESTIMATE, AND ADVERTISE FOR
BID THE JEFFERSON STREET AT AVENUE 53 ROUNDABOUT
PROJECT NO. 2017-09
10. APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE,
AND ADVERTISE FOR BID THE SILVERROCK RETENTION BASIN
SOIL STABILIZATION PROJECT, LOCATED AT THE SOUTHEAST
CORNER OF AVENUE 52 AND SILVERROCK WAY (PROJECT NO.
2020-07)
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CITY COUNCIL MINUTES Page 8 of 16 AUGUST 3, 2021
11. AWARD CONTRACT TO UNIVERSAL CONSTRUCTION
ENGINEERING FOR THE EISENHOWER BASIN FENCE AND
DRAINAGE IMPROVEMENTS PROJECT NO. 2017-04
12. APPROVE AGREEMENT FOR CONTRACT SERVICES FOR SHADE
STRUCTURE FABRIC REPLACEMENT WITH SHADE STRUCTURES,
INC. DBA USA SHADE & FABRIC STRUCTURES, INC. THROUGH
SOURCEWELL COOPERATIVE PURCHASING (PROJECT NO. 2019-
20)
13. APPROVE AMENDMENT NO. 1 TO CONTRACT AGREEMENT WITH
DESERT LIMNOLOGISTS, INC. DBA SOUTHWEST AQUATICS FOR
SILVERROCK EVENT SITE LAKE MAINTENANCE SERVICES
(PROJECT NO. 2019-11)
14. APPROVE SHORT-FORM SERVICES AGREEMENT WITH ACORN
TECHNOLOGIES, INC TO PROVIDE TRAFFIC INFRASTRUCTURE
INFORMATION TECHNOLOGY SUPPORT SERVICES
15. APPROVE ASSIGNMENT AND ASSUMPTION AGREEMENTS AND
AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENTS
FOR TRACT MAP NO. 30092, PIAZZA SERENA, A RESIDENTIAL
DEVELOPMENT LOCATED AT THE NORTHWEST CORNER OF
MONROE STREET AND AVENUE 58
16. APPROVE PURCHASE OF SEVEN UPFITTED VEHICLES THROUGH
SOURCEWELL COOPERATIVE PURCHASING
17. ADOPT RESOLUTION TO RECLASSIFY ASSISTANT TO THE CITY
MANAGER AND CITY CLERK TO DIRECTOR, AND APPROVE TWO
EMPLOYMENT AGREEMENTS [RESOLUTION NO. 2021-027]
18. ADOPT RESOLUTION TO APPROVE THE EMPLOYEE BENEFIT PLAN
AND SELECTION OF KEENAN AND ASSOCIATES AS THE CITY’S
EMPLOYEE BENEFITS BROKER OF RECORD [RESOLUTION NO. 2021-028]
19. ADOPT RESOLUTION TO APPROVE AMENDMENT NO. 1 TO THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA
QUINTA AND THE LA QUINTA CITY EMPLOYEES’ ASSOCIATION
APPROVING THE HEALTH BENEFIT CAP OF $1,832.01 PER
EMPLOYEE PER MONTH [RESOLUTION NO. 2021-029]
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CITY COUNCIL MINUTES Page 9 of 16 AUGUST 3, 2021
20. ADOPT RESOLUTION TO APPROVE THE HEALTH BENEFIT CAP OF
$1,832.01 PER EMPLOYEE PER MONTH, FOR NON-REPRESENTED
EMPLOYEES, NON-REPRESENTED MANAGEMENT, CONTRACT,
AND CONFIDENTIAL EMPLOYEES [RESOLUTION NO. 2021-030]
CONSENT CALENDAR ITEM NO. 6
COUNCILMEMBER PEÑA RECUSED HIMSELF AND SAID HE WILL
ABSTAIN FROM DISCUSSION AND VOTE ON THIS ITEM DUE TO A
POTENTIAL CONFLICT OF INTEREST STEMMING FROM THE PROXIMITY
OF HIS REAL PROPERTY INTEREST TO THE PROJECT LOCATION
MOTION – A motion was made and seconded by Councilmembers
Fitzpatrick/Radi to approve Consent Calendar Item No. 6 as recommended.
Motion passed: ayes – 4, noes – 0, abstain – 1 (Peña).
CONSENT CALENDAR ITEM NO. 9 – Mayor Evans noted that this item was
pulled from consideration on tonight’s agenda.
CONSENT CALENDAR ITEM NOS. 17, 19 AND 20 – Verbal
Announcement
City Attorney Ihrke reported, pursuant to Government Code Section
54953(c)(3), prior to taking final action, there shall be a verbal report on the
summary of recommended final action on the salaries, salary schedules, or
compensation paid in the form of fringe benefits to any local agency executive,
as defined by Government Code Section 3511.1, subdivision (d), during the
open meeting in which the final action is to be taken.
The recommendation of Consent Calendar Item No. 17 for the two
management employees or “local agency executives,” as defined, the fringe
benefits remain as reported out at the June 15, 2021 Council meeting; and
the salaries, effective August 16, 2021, are as follows for the following
positions:
Position Proposed Salary
Effective 8/16/2021
Director of Business Unit and Housing
Development $143,887.60
City Clerk $143,887.60
The recommendations of Consent Calendar Item Nos. 19 and 20 are to
approve fringe benefits in the form of a citywide health benefit cap increase
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CITY COUNCIL MINUTES Page 10 of 16 AUGUST 3, 2021
from $1,742 to $1,832.01 per employee, per month effective January 1,
2022.
MOTION – A motion was made and seconded by Councilmembers Peña/Radi
to approve the Consent Calendar items 1-5, 7-8, and 10-20, with Item Nos.
17, 18, 19 and 20 adopting Resolution Nos. 2021-027, 2021-028, 2021-029,
and 2021-030, respectively. Motion passed unanimously.
BUSINESS SESSION – None.
STUDY SESSION
1. SILVERROCK RESORT DEVELOPMENT PROJECT UPDATE AND
DEVELOPER PROGRESS TO CURE DEFAULT
SilverRock Development Company (SDC) President and CEO Robert Green
presented the staff report, which is on file in the Clerk’s Office, and provided
a detailed presentation on the project’s sequence of activities onsite for 1)
Montage Hotel and Spa, 2) Montage Residences, 3) construction trailer onsite,
4) mass grading completion, 5) removal of abandoned CVWD lines, 6)
Conference and Share Services Building, 4) Golf Clubhouse, 5) Pendry
Residences, and 6) Pendry Hotel.
Mr. Green noted that Josh Frantz, Senior Project Manager with SDC and Mr.
Bruce Maize, Chief Operating Officer of The Rilington Group are in attendance;
and introduced Mr. Stephen Gaines, Project Manager with SDC, who has been
charged with the Golf Clubhouse and the renovation of the Ahmanson
Clubhouse.
Council discussed that CVWD does not have any responsibility for the water
pipes that are onsite; the foundations for the Montage Spa building will be
poured in the next couple of weeks.
PUBLIC SPEAKER: Mr. Maize said the adjacent communities, the Hideaway,
PGA West, and the Citrus, have been notified that if there are any questions
or concerns about the activities on the SilverRock site to not hesitate and
reach out.
2. REVIEW AND DISCUSS THE MATRIX FIRE SERVICES REPORT
Public Safety Manager Mendez introduced Senior Emergency Management
Coordinator and City Consultant Robert Finn, Senior Manager with Matrix
Consulting Group, who presented the staff report, which is on file in the Clerk’s
Office.
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CITY COUNCIL MINUTES Page 11 of 16 AUGUST 3, 2021
Council discussed the current fire services meet the need of the City.
CALFIRE/Riverside County Fire East Desert Division Chief Bryan White noted
the benefits of having the “Municipal Standard Staffing” model by employing
Captain on each engine and the level of expertise, resources, and consistency
of supervision that would be available to deploy for fire incidents, should it be
needed; La Quinta currently has a Captain at each of the three fire stations
and explained their responsibilities as they currently exist; and fire staffing
trends throughout the cities in the Coachella Valley.
Council discussed the City of Coachella plans to expand fire facilities and
services to serve to ensure proper service for the numerous upcoming
developments that have been approved; the main areas that receive mutual
aid from La Quinta are Indio and Riverside County; and importance and
benefits of having a regional protection model for deploying fire services.
CALFIRE/Riverside County Fire Eastern Operations Deputy Chief Robert Fish
spoke of the importance for county and local agencies to collaborate now and
set the ground and properly plan for a future fire station that is likely to be
needed in the south-east-end of the Coachella Valley, and identify land that
would best serve the needs of the communities through the fire regional
model; fire stations currently planned for construction or reconstruction;
benefits of aligning regional and local common values and needs to establish
the most efficient response system; statistics related to medical-response
calls; and elaborated on the intangible benefits of the “Municipal Standard
Staffing” model.
General discussion followed regarding the fire priorities of “life, property, and
the environment;” dynamic-based dispatch system that recommends a fire
response specific to each incident and priority level; how the regional fire
response system is deployed and operated; and false fire alarm incidents have
not gone down and potential options for reduction.
Council reached a consensus that the 4th fire station in the south-east-end of
the Coachella Valley is a long-term vision; to explore further the “Municipal
Standard Staffing” model; and identify options to increase frequency of fire
prevention inspections of properties through a shared staffing model versus
La Quinta having to add a full position.
Council thanked everyone for the detailed and collaborative efforts in
conducting the fire services study.
MAYOR EVANS CALLED FOR A BRIEF RECESS AT 6:30 P.M.
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CITY COUNCIL MINUTES Page 12 of 16 AUGUST 3, 2021
MAYOR EVANS RECONVENED THE CITY COUNCIL MEETING AT 6:36 P.M.
WITH ALL MEMBERS PRESENT
PUBLIC HEARINGS – at 5:00 p.m. or shortly thereafter
1. ADOPT A RESOLUTION TO VACATE A PORTION OF THE
SOUTHWEST CORNER OF AVENIDA MADERO AND CALLE TECATE
PUBLIC RIGHT-OF-WAY IN THE SANTA CARMELITA AT VALE LA
QUINTA SUBDIVISION, UNIT NO. 25 [RESOLUTION NO. 2021-031]
Public Works Director/City Engineer McKinney introduced Associate Engineer
Yu who presented the staff report, which is on file in the Clerk’s Office.
MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 6:38 P.M.
PUBLIC SPEAKER: Gilda Brasch, La Quinta – objected to the proposed street
vacation on her behalf and claimed to be objecting on the behalf of other
neighbors on the street; Ms. Brasch alleged, among other claims, the vacation
was gifting the applicant, Mr. Charles Welsh, public land; also alleged the
environmental review findings, pursuant to the California Environmental
Quality Act (CEQA), stated in the staff report were not applicable; Ms. Brasch
also alleged that vacating the right-of-way was favoritism, claiming the land
is being bequeathed to Mr. Welsh for no fee, and asked if Mr. Welsh had given
a gift to any elected City official or City employee; and Ms. Brasch alleged
that, if the street vacation is granted, she and other neighbors on the street
will be raising a more formal objection.
Council discussed they are familiar with the location as the City constructed a
designated parking lot area to be used by citizens utilizing the Bear Creek
Oasis and Cove Oasis trails located east of the sidewalk, which is the access
point to the trails. Mayor and Councilmembers noted that neither knew Mr.
Welsh nor have they ever received any gifts from him.
Council discussed that this is not setting a precedent, as this is a standard
procedure to vacate a public street right-of-way easement that is no longer
required for construction of City roads.
City Engineer McKinney said even though the right-of-way is dedicated for
street purposes, the underlying fee interest in the property remained with the
adjoining property owner, and since the roads have been constructed and the
property is no longer needed for public streets, the easement is being vacated.
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CITY COUNCIL MINUTES Page 13 of 16 AUGUST 3, 2021
City Attorney Ihrke explained that a street vacation is a state prescribed
process allowing Council to vacate use of public streets, sidewalks, or
easements that are no longer needed, and it is stated in the resolution –
Streets and Highways Code Section 8322 and 8320 et seq. – General Vacation
Procedures; the exemption cited under CEQA Section 15301 Class 1(c) is valid
and applicable as there is “negligible or no expansion of existing or former
use” because all that this resolution approves is the vacation of the public
street easement.
City Engineer McKinney noted that a street vacation does not require a traffic
study.
City Attorney Ihrke clarified that vacating the property does not constitute the
gifting of public funds as vacating a property is expressly allowed by state law;
and the finding that is being made is that the City no longer has any use of
the right-of-way for public use.
City Engineer McKinney noted that the City has never received any requests
from the public to use the subject property for any public use, and the City
consulted with the utility companies which have also confirmed that they do
not require any easement over the land either.
MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 6:48 P.M.
MOTION – A motion was made and seconded by Councilmembers Peña/Radi
to adopt Resolution No. 2021-031 to vacate a 1,267 square-foot portion of the
southwest corner of Avenida Madero and Calle Tecate public right-of-way in
the Santa Carmelita at Vale La Quinta Subdivision, Unit No. 25 as
recommended:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, VACATING A 1,267-SQUARE-FOOT PORTION OF THE
SOUTHWEST CORNER OF AVENIDA MADERO AND CALLE TECATE
PUBLIC RIGHT-OF-WAY IN THE SANTA CARMELITA AT VALE LA
QUINTA SUBDIVISION, UNIT NO. 25
Motion passed unanimously.
2. ADOPT A RESOLUTION TO UPDATE THE CITY’S USER AND
REGULATORY MASTER FEE SCHEDULE [RESOLUTION NO. 2021-032]
City Clerk Radeva introduced City Consultant Terry Madsen, President with
ClearSource Financial Consulting, who presented the staff report, which is on
file in the Clerk’s Office.
MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 6:56 P.M.
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CITY COUNCIL MINUTES Page 14 of 16 AUGUST 3, 2021
PUBLIC SPEAKER: Gretchen Gutierrez, CEO with the Desert Valley Building
Association (DVBA), said the DVBA thoroughly reviewed the City’s fee study
and is in support of the proposed 3.56% Consumer Price Index fee increase;
and thanked the City for the opportunity to stay engaged and provide
comments.
General discussion followed regarding the unprecedented housing market and
building industry conditions due to COVID-19.
Council discussed the SilverRock Event Site Facility Rental Fees as proposed;
different types of potential rental and event activities; and directed staff to
revise the Master Fee Schedule to include rental rates for partial park area
rentals and the SilverRock meeting room so that the rates correspond to rates
for similar requests at the Civic Center Campus and Museum meeting room.
MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 7:14 P.M.
MOTION – A motion was made and seconded by Councilmembers
Fitzpatrick/Radi to adopt Resolution No. 2021-032 to update the City’s user
and regulatory Master Fee Schedule as amendment pursuant to the requested
revisions to the SilverRock Event Site Facility Rental Fees noted above:
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.
3. ADOPT A RESOLUTION APPROVING SITE DEVELOPMENT PERMIT
2021-0003 (SDP-2013-924, AMENDMENT 2) TO AMEND
SIGNATURE AT PGA WEST CONDOMINIUM RESIDENTIAL PLANS;
CEQA: THE PROJECT IS CONSISTENT WITH PREVIOUSLY
CERTIFIED SUBSEQUENT ENVIRONMENTAL IMPACT REPORT
COMPLETED FOR EDEN ROCK AT PGA WEST SPECIFIC PLAN.
LOCATION: WITHIN THE PGA WEST SPECIFIC PLAN AREA
[RESOLUTION NO. 2021-033]
Senior Planner Flores presented the staff report, which is on file in the Clerk’s
Office.
MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 7:22 P.M.
PUBLIC SPEAKER: Todd Cunningham, President with Woodbridge Pacific
Group gave a brief update on the construction progress of the project and the
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CITY COUNCIL MINUTES Page 15 of 16 AUGUST 3, 2021
proposed changes for the condominium units, including revised architectural
design, increased square footage, and outdoor space privacy.
MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 7:25 P.M.
MOTION – A motion was made and seconded by Councilmembers
Peña/Sanchez to adopt Resolution No. 2021-033 approving new architectural
plan set for condominiums for Signature at PGA West within the Eden Rock at
PGA West Specific Plan Area and find the project consistent with previously
certified Subsequent Environmental Impact Report as recommended:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, APPROVING A SITE DEVELOPMENT PERMIT
AMENDMENT FOR NEW CONDOMINIUM PLANS FOR SIGNATURE AT
PGA WEST AND FINDING THE PROJECT CONSISTENT WITH
SUBSEQUENT ENVIRONMENTAL IMPACT REPORT CERTIFIED FOR
EDEN ROCK AT PGA WEST
Motion passed unanimously.
DEPARTMENTAL REPORTS
All reports are on file in the City Clerk’s Office.
3. CITY CLERK – CALIFORNIA GUBERNATORIAL RECALL ELECTION
UPDATE – SEPTEMBER 14, 2021
Mayor Evans noted the importance of securing a ballot drop-off location in
north La Quinta for the upcoming Gubernatorial Recall Election scheduled for
September 14, 2021. City Clerk Radeva said staff has reached out to the
Riverside County Registrar of Voters with the request but has not received a
response yet.
MAYOR’S AND COUNCIL MEMBERS’ ITEMS
Councilmember Peña noted that Sarah Robles from Desert Hot Springs won a
bronze medal for weightlifting in the 2020 Olympics held in Tokyo, Japan in
2021 and congratulated her on her achievement.
Mayor Evans noted Scotty Burcham, a Pal m Desert High School graduate, who
has dual citizenship, played as a member of Israel’s baseball team in the 2020
Olympics.
Mayor Evans said if any Councilmember is interested in serving on the Board
of the Children’s Discovery Museum of the Desert to reach out to CEO
Burresom.
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CITY COUNCIL MINUTES Page 16 of 16 AUGUST 3, 2021
REPORTS AND INFORMATIONAL ITEMS
La Quinta’s representative for 2021, Councilmember Peña reported on his
participation in the following organization’s meeting:
SUNLINE TRANSIT AGENCY (attended on behalf of Mayor Pro Tem
Radi)
Council discussed the Imperial Irrigation District Board of Directors formed the
Coachella Valley Energy Commission, focused on the development of a long-
term strategic plan for continued energy service for the Coachella Valley, and
is looking for the member agencies to appoint representatives to serve on the
Commission; Mayor Evans said she will be attending the first meeting
scheduled for August 5, 2021, and the Council will consider the appointment
after the summer recess.
Councilmember Peña said he is willing to attend the Coachella Valley Mosquito
and Vector Control District Board meeting while the City is in the process of
filling its representative’s vacancy. Council concurred.
ADJOURNMENT
There being no further business, Mayor Evans adjourned the meeting at 7:37
p.m. Motion passed unanimously.
Respectfully submitted,
MONIKA RADEVA, City Clerk
City of La Quinta, California
44
City of La Quinta
CITY COUNCIL MEETING: October 19, 2021
STAFF REPORT
AGENDA TITLE: ADOPT ORDINANCE NO. 596 ON SECOND READING
AMENDING SECTION 3.25.055 OF THE LA QUINTA MUNICIPAL CODE RELATED
TO NON-ISSUANCE OF NEW SHORT-TERM VACATION RENTAL PERMITS TO
PROVIDE AN EXCEPTION FOR THE LA QUINTA RESORT TENNIS VILLAS
RECOMMENDATION
Adopt Ordinance No. 596 on second reading.
EXECUTIVE SUMMARY
Section 3.25.055 – Non-issuance of new short-term vacation rental (STVR)
permits was added to the La Quinta Municipal Code (LQMC) on May 20,
2021, imposing a citywide moratorium on the issuance of new STVR
permits.
Specific areas within the City designated to operate as STVRs are exempt
from the moratorium.
This code amendment would add the La Quinta Resort Tennis Villas
(Attachment 1) to the moratorium exemption.
FISCAL IMPACT – None.
BACKGROUND/ANALYSIS
On May 20, 2021, Section 3.25.055 – Non-issuance of new STVR permits of the
LQMC went into effect imposing a citywide moratorium on the issuance of new
STVR permits until further notice. This section provides limited exceptions to
the moratorium for properties located within the CT Tourist Commercial District
and Village Commercial District zones, or within a residential project subject to
a development agreement with the City or a condition(s) of approval attached
to any entitlement approved by the City.
The area identified in the La Quinta Resort Specific Plan (as amended) and
commonly known as the La Quinta Resort Tennis Villas/Tennis Condos area is
CONSENT CALENDAR ITEM NO. 4
45
proposed to be added to the exemptions from the moratorium in LQMC Section
3.25.055 given its adjacent location to the La Quinta Resort and CT Tourist
Commercial District zone, which was built for and has historically allowed
STVRs. The Tennis Villas, a total of 48 units, are within the gated boundaries of
the La Quinta Resort and are connected to the resort via a direct driveway/road
designated to provide access for guests to the resort amenities and facilities.
ALTERNATIVES
As Council approved this ordinance at first reading, staff does not recommend
and alternative.
Prepared by: Monika Radeva, City Clerk
Approved by: Jon McMillen, City Manager
Attachment: 1. La Quinta Resort Tennis Villas Vicinity Map
46
ORDINANCE NO. 596
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA, AMENDING
CHAPTER 3.25 OF THE LA QUINTA MUNICIPAL
CODE BY AMENDING SECTION 3.25.055 RELATED
TO NON-ISSUANCE OF NEW SHORT-TERM
VACATION RENTAL PERMITS TO PROVIDE AN
EXCEPTION FOR THE LA QUINTA RESORT TENNIS
VILLAS/TENNIS CONDOS
WHEREAS, Chapter 3.25 of the La Quinta Municipal Code (LQMC)
relates to short-term vacation rentals; and
WHEREAS, the City has the authority to regulate businesses operating
within the City; and
WHEREAS, Chapter 3.25 of the LQMC addresses permitted uses, short-
term vacation rental process and permitting procedures; and
WHEREAS, given the adjacent location to the La Quinta Resort and CT
Tourist Commercial District zone, which was built for and has historically
allowed short-term vacation rentals, the area identified in the La Quinta
Resort Specific Plan (as amended) and commonly known as the La Quinta
Tennis Villas/Tennis Condos area should be included as an area which allows
for the ability to obtain and have issued new short-term vacation rental
permits.
NOW, THEREFORE, the City Council of the City of La Quinta does
ordain as follows:
SECTION 1. Chapter 3.25 shall be amended as written in "Exhibit A"
attached hereto and incorporated herein by reference.
SECTION 2. Corrective Amendments: The City Council does hereby
grant the City Clerk the ability to make minor amendments and corrections of
typographical or clerical errors to "Exhibit A" to ensure consistency of all
approved text amendments prior to the publication in the La Quinta Municipal
Code.
SECTION 3. Posting: The City Clerk shall, within 15 days after passage
of this Ordinance, cause it to be posted in at least three public places
designated by resolution of the City Council, shall certify to the adoption and
47
Ordinance No. 596
Amendments to Section 3.25.055 Related to Short-Term Vacation Rentals
Adopted: October 19, 2021
Page 2 of 6
posting of this Ordinance, and shall cause this Ordinance and its certification,
together with proof of posting to be entered into the Book of Ordinances of
the City of La Quinta.
SECTION 4. Effective Date: This Ordinance shall be in full force and
effect thirty (30) days after its adoption.
SECTION 5. Severability: If any section, subsection, subdivision,
sentence, clause, phrase, or portion of this Ordinance is, for any reason,
held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that
it would have adopted this Ordinance and each and every section,
subsection, subdivision, sentence, clause, phrase, or portion thereof,
irrespective of the fact that any one or more section, subsections,
subdivisions, sentences, clauses, phrases, or portions thereof be declared
unconstitutional.
PASSED, APPROVED and ADOPTED, at a regular meeting of the La
Quinta City Council held this 19th day of October, 2021 by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________
LINDA EVANS, Mayor
City of La Quinta, California
48
Ordinance No. 596
Amendments to Section 3.25.055 Related to Short-Term Vacation Rentals
Adopted: October 19, 2021
Page 3 of 6
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
49
Ordinance No. 596
Amendments to Section 3.25.055 Related to Short-Term Vacation Rentals
Adopted: October 19, 2021
Page 4 of 6
Title 3 - REVENUE AND FINANCE
Chapter 3.25 SHORT-TERM VACATION RENTALS
_____________________________________________________________
Chapter 3.25 SHORT-TERM VACATION RENTALS
3.25.055 Non-issuance of new short-term vacation rental permits;
periodic council review.
A. Commencing May 20, 2021, which is the effective date of the ordinance
adding this section, there shall be no processing of, or issuance for, any
applications for a new short-term vacation rental permit, required by this
chapter to use or operate a short-term vacation rental unit in the city,
except applications for a new a short-term vacation rental permit
covering a short-term vacation rental unit that meets one (1) or more of
the following:
1. A residential dwelling within a residential project located in the CT
Tourist Commercial District zone, as defined in Section 9.70.070 (or
successor section) of this code and depicted in the city's official zoning
map.
2. A residential dwelling within a residential project located in the VC
Village Commercial District zone, as defined in Section 9.70.100 (or
successor section) of this code and depicted in the city's official zoning
map.
3. A residential dwelling within a residential project subject to a
development agreement with the city, or subject to a condition of
approval(s) attached to any entitlement approved by the city (including
but not limited to a specific plan, subdivision map, or site development
permit), pursuant to which short-term vacation rentals are a permitted
use, and the residential dwelling's use as a short-term vacation rental
is authorized under a declaration of covenants, conditions, and
restrictions (CC&Rs), for the residential project.
4. A residential dwelling within the area covered by the SilverRock Resort
Specific Plan.
5. A residential dwelling is located adjacent to the CT Tourist Commercial
District zone, as defined in La Quinta Municipal Code Section 9.70.070
EXHIBIT A
50
Ordinance No. 596
Amendments to Section 3.25.055 Related to Short-Term Vacation Rentals
Adopted: October 19, 2021
Page 5 of 6
and depicted in the City’s Official Zoning Map, and within the following
boundaries: west of Avenida Obregon, south of the Avenida Fernando,
east of Calle Mazatlan, and north of the driveway access between Calle
Mazatlan and Avenida Obregon that serves as a southern boundary for
the La Quinta Tennis Villas/Tennis Condos area identified on Page 25 of
the La Quinta Resort Specific Plan, 121 E – Amendment 5 (as may be
subsequently amended from time to time). For purposes of this
subsection, “adjacent to” means across the street from or accessible by
a driveway or service road designed to provide access to area(s) within
the CT Tourist Commercial District zone.
B. The city manager or authorized designee shall have the authority to
implement policies or procedures to review and verify whether an
application for a new short-term vacation rental permit meets the
criteria set forth in this section.
C. This section shall not apply to applications for a renewal of an existing
short-term vacation rental permit and business license, submitted in
compliance with this chapter, including when the short-term vacation
rental permit is under suspension during the time for processing the
renewal application. Applications for renewals must be submitted as
prescribed by this chapter. Any short-term vacation rental unit, covered
by a permit that is subject to an application for renewal, which is under
temporary suspension in violation of this chapter or any other provisions
of this code, shall not become permitted to use the dwelling as a short-
term vacation rental unit until all violations that led to the temporary
suspension have been remedied and the suspension has expired. Any
revoked short-term vacation rental permit shall not be eligible for
renewal or new short-term vacation rental permit.
D. The city council shall periodically review the impacts or effects, if any,
caused by the non-issuance of new short-term vacation rental permits
set forth in this section. The city manager or authorized designee shall
prepare a report assessing impacts or effects, if any, for the council to
review at a regular or special meeting.
( Ord. 595 § 1(Exh. A), 6-15-2021; Ord. 591 § 1(Exh. A), 4-20-2021)
51
Ordinance No. 596
Amendments to Section 3.25.055 Related to Short-Term Vacation Rentals
Adopted: October 19, 2021
Page 6 of 6
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LA QUINTA )
I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby
certify the foregoing to be a full, true, and correct copy of Ordinance No. 596
which was introduced at a regular meeting on the 5th day of October, 2021,
and was adopted at a regular meeting held on the ___ day of ______, 2021,
not being less than 5 days after the date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within
the City of La Quinta as specified in the Rules of Procedure adopted by City
Council Resolution No. 2015-023.
_______________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby
certify that the foregoing ordinance was posted on ________, 2021, pursuant
to Council Resolution.
_______________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
52
ATTACHMENT 1 ATTACHMENT 1 53
54
76-970
76-972
76-976
77-30777-311
77-313 77-309
76-880
76-890
76-900
76-942
76-946
77-102
77-104 77-100
77-341
77-345
77-347
77-351
76-974
76-984
77-333
77-319
77-343
77-337
77-335
77-317 77-237
77-325
77-329
76-986
76-982
76-980
76-978
76-944
77-315
77-321
77-323
77-339
77-349
77-331
76-940
76-936
76-938
76-994
76-992
76-988
76-990
La Quinta Tennis Villas (Addresses 76-880 to 77-104 are on Calle Mazatlan, 77-307 to 77-351 are on Avenida Fernando)
55
56
City of La Quinta
CITY COUNCIL MEETING: October 19, 2021
STAFF REPORT
AGENDA TITLE: AFFIRM RESOLUTION NO. 2021-035 FINDINGS RELATED TO
THE STATE OF EMERGENCY DUE TO COVID-19 AUTHORIZING THE CITY
MANAGER TO CONTINUE TO IMPLEMENT TELECONFERENCE ACCESSIBILITY
TO CONDUCT PUBLIC MEETINGS PURSUANT TO ASSEMBLY BILL 361 (STATS.
2021, CH. 165)
RECOMMENDATION
Affirm Resolution No. 2021-035 findings related to the state of emergency due
to COVID-19 authorizing the City Manager to continue to implement
teleconference accessibility to conduct public meetings pursuant to Assembly
Bill 361 (Stats. 2021, Ch. 165).
EXECUTIVE SUMMARY
Pursuant to Assembly Bill 361 (Stats. 2021, Ch. 165) (AB 361), which
waived certain provisions of the Ralph M. Brown Act (Brown Act) and
authorized local agencies to hold public meetings via teleconferencing
whenever a state of emergency exists that makes it unsafe to meet in
person, Council must reconsider the circumstances of the state of
emergency every 30 days and affirm the required findings in order to
continue to allow teleconference accessibility for public meetings.
On September 28, 2021, Council adopted Resolution No. 2021-035
(Attachment 1) making the required findings under AB 361 and
authorizing the City Manager to implement teleconference accessibility to
conduct public meetings.
FISCAL IMPACT – None.
BACKGROUND/ANALYSIS
The State of California and the City of La Quinta proclaimed the existence of
a State of Emergency as a result of the threat of COVID-19, on March 4, 2020
and March 17, 2020, respectively.
CONSENT CALENDAR ITEM NO. 5
57
In an effort to reduce the spread of COVID-19 at public meetings, on March
17, 2020, the Governor of California issued Executive Order N-29-20 which
suspended and modified specified provisions of the Brown Act [Government
Code Section § 54950 et seq.] and authorized local legislative bodies to hold
public meetings via teleconferencing and to make public meetings accessible
telephonically or otherwise electronically to all members of the public seeking
to observe and address the local legislative body. On June 11, 2021, the
Governor issued Executive Order N-08-21 which extended the teleconference
provisions of EO N-29-20 for public meetings through September 30, 2021.
The City implemented teleconference procedures and accessibility for
conducting all its public meetings while the Governor’s “Stay-At-Home” order
was in effect in early 2020.
On May 4, 2021, the Governor issued Executive Order N-60-20 which
established a framework for a gradual, risk-based reopening of the economy;
and on June 11, 2021, issued Executive Order N-07-21, which formally
rescinded the “Stay-At-Home” order imposed by Executive Order N-33-20,
issued on March 19, 2020.
Following the established state framework for reopening the economy, the
City has resumed limited in-person public meetings while also offering
teleconference accessibility to members of the public, City Council, members
of City boards, commissions, and committees, City staff and consultants.
AB 361 was signed into law by the Governor on September 16, 2021, which
went into effect immediately as urgency legislation (codified under
Government Code § 54953) and waived certain provisions of the Brown Act in
order to allow local agencies to continue to meet remotely. Specifically, the
bill allows remote teleconference flexibility, but only when there is a state of
emergency that makes it unsafe to meet in person.
In addition, AB 361 adds new procedures and clarifies the requirements for
conducting remote meetings, including the following:
Public Comment Opportunities in Real Time – a legislative body that
meets remotely pursuant to AB 361 must allow members of the public
to access the meeting via a call-in option or an internet-based service
option, and the agenda for the remote meeting must provide an
opportunity for members of the public to directly address the body in
real time. A legislative body cannot require public comments to be
submitted in advance of the meeting.
No Action During Disruptions – in the event of a disruption that prevents
the local agency from broadcasting the remote meeting, or in the event
58
of a disruption within the local agency’s control that prevents members
of the public from offering public comments using the call-in option or
internet-based service option, AB 361 prohibits the legislative body from
taking any further action on items appearing on the meeting agenda
until public access is restored.
Periodic Findings – Government Code § 54953(e)(B) requires the
legislative body to hold a meeting during a proclaimed state of
emergency for the purpose of determining, by majority vote, whether
as a result of the emergency, meeting in person would present imminent
risk to the health or safety of attendees.
Council must make these findings no later than 30 days after the first
teleconferenced meeting is held after September 30, 2021 and must
also make these findings every 30 days thereafter, in order to continue
to allow teleconference accessibility for conducting public meetings
(Government Code § 54953(e)(3).
AB 361 will sunset on January 1, 2024.
The City has already implemented the above stated requirements for
conducting public meetings and is in full compliance with AB 361 and there
will be no change to the currently established teleconference procedures. In
addition to the ability to attend public meetings in-person, teleconference
accessibility via call-in option or an internet-based service option (via the
Zoom Webinars platform) is listed on the published agenda for each meeting
as well as on the City’s website. The City monitors attendance via
teleconference as well as email correspondence (as published on the agenda)
throughout each public meeting and provides access for public comment
opportunities in real time both verbally and in writing.
On September 28, 2021, Council adopted Resolution No. 2021-035 making
the required findings under AB 361 in order to allow the City to continue to
offer teleconference accessibility for public meetings after September 30,
2021, to help mitigate the spread of COVID-19.
As noted above, Council must reconsider the state of emergency due to
COVID-19 every 30 days and affirm the findings under Resolution No. 2021-
035 in order to continue to allow teleconference accessibility for conducting
public meetings.
Prepared by: Monika Radeva, City Clerk
Approved by: Jon McMillen, City Manager
Attachment: 1. Council Resolution No. 2021-035
59
60
RESOLUTION NO. 2021 - 035
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO
IMPLEMENT TELECONFERENCE ACCESSIBILITY
FOR CONDUCTING PUBLIC MEETINGS
PURSUANT TO ASSEMBLY BILL 361 (STATS.
2021, CH. 165)
WHEREAS, on March 4, 2020, the Governor of California proclaimed a
State of Emergency to exist in California as a result of the threat of novel
coronavirus disease 2019 (COVID-19); and
WHEREAS, on March 17, 2020, the City Council adopted Emergency
Resolution No. EM 2020-001, proclaiming a local emergency as defined in La
Quinta Municipal Code Section 2.20.020, due to the threat of the existence
and spread of COVID-19; and
WHEREAS, on March 17, 2020, the Governor of California executed
Executive Order N-29-20 which suspended and modified specified provisions
in the Ralph M. Brown Act (Government Code Section § 54950 et seq.) and
authorized local legislative bodies to hold public meetings via teleconferencing
and to make public meeting accessible telephonically or otherwise
electronically to all members of the public seeking to observe and address the
local legislative body; and
WHEREAS, on June 11, 2021, the Governor of California executed
Executive Order N-08-21 which extended the provisions of Executive Order N-
29-20 concerning teleconference accommodations for public meetings through
September 30, 2021; and
WHEREAS, on September 16, 2021, the Governor of California signed
into law Assembly Bill 361 (AB 361, Rivas) (Stats. 2021, ch. 165) amending
Government Code § 54953 and providing alternative teleconferencing
requirements to conduct public meetings during a proclaimed state of
emergency; and
WHEREAS, AB 361 (Stats. 2021, ch. 165) imposes requirements to
ensure members of the public are able to attend and participate in public
meetings conducted via teleconference, including:
ATTACHMENT 1
61
Resolution No. 2021 – 035
Teleconference Procedures for Conducting Public Meetings Pursuant to AB 361 (Stats. 2021, ch. 165)
Adopted: September 28, 2021
Page 2 of 4
Notice of the means by which members of the public may access the
meeting and offer public comment, including an opportunity for all
persons to attend via a call-in option or an internet-based service
option;
The legislative body shall take no further action on agenda items when
there is a disruption which prevents the public agency from broadcasting
the meeting, or in the event of a disruption within the local agency’s
control which prevents members of the public from offering public
comments, until public access is restored;
Prohibits the legislative body from requiring public comments to be
submitted in advance of the meeting and specifies that the legislative
body must provide an opportunity for members of the public to address
the legislative body and offer comments in real time;
Prohibits the legislative body from closing the public comment period
until the public comment period has elapsed or until a reasonable
amount of time has elapsed; and
WHEREAS, the City has already implemented and is in full compliance
with the requirements listed above when conducting public meetings via
teleconference, which are now codified in Government Code § 54953(e)(2)(B-
G); and
WHEREAS, pursuant to Government Code § 54953(e)(B), the
legislative body shall hold a meeting during a proclaimed state of emergency
for the purpose of determining, by majority vote, whether as a result of the
emergency, meeting in person would present imminent risks to the health and
safety of attendees. The City Council must make these findings no later than
30 days after the first teleconferenced meeting is held pursuant to AB 361
(Stats. 2021, ch. 165) after September 30, 2021, and must also make these
findings every 30 days thereafter, in order to continue to allow teleconference
accessibility for conducing public meetings.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of La Quinta, California, as follows:
SECTION 1. The City Council hereby declares that the recitals set forth
above are true and correct, and incorporated into this resolution as findings
of the City Council.
62
Resolution No. 2021 – 035
Teleconference Procedures for Conducting Public Meetings Pursuant to AB 361 (Stats. 2021, ch. 165)
Adopted: September 28, 2021
Page 3 of 4
SECTION 2. The City Council hereby declares that a state of emergency
as a result of the threat of COVID-19 still exists and continues to impact the
ability of members of the public, the City Council, City Boards, Commissions,
and Committees, City staff and consultants to meet safely in person.
SECTION 3. The State of California and the City of La Quinta continue to
follow safety measures in response to COVID-19 as ordered or recommended
by the Centers for Disease Control and Prevention (CDC), California
Department of Public Health (DPH), and/or County of Riverside, as applicable,
including facial coverings when required and social distancing.
SECTION 4. The City Council hereby declares that, pursuant to the
findings listed in this Resolution, the City Manager is authorized to utilize
teleconferencing accessibility to conduct public meetings pursuant to AB 361
(Stats. 2021, ch. 165) and Government Code § 54953, as amended thereby.
SECTION 5. Severability: If any section, subsection, subdivision,
sentence, clause, phrase, or portion of this Resolution is, for any reason, held
to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions
of this Resolution. The City Council hereby declares that it would have
adopted this Resolution and each and every section, subsection, subdivision,
sentence, clause, phrase, or portion thereof, irrespective of the fact that any
one or more sections, subsections, subdivisions, sentences, clauses, phrases,
or portions thereof be declared unconstitutional.
SECTION 6. Effective Date: This Resolution shall become effective
immediately upon adoption.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta City Council held on this 28th day of September, 2021, by the following
vote:
AYES: Council Members Fitzpatrick, Peña, Radi, Sanchez, Mayor
Evans
NOES: None
ABSENT: None
ABSTAIN: None
63
64
City of La Quinta
CITY COUNCIL MEETING: October 19, 2021
STAFF REPORT
AGENDA TITLE: APPROVE AMENDMENT TO FIRE SERVICE AGREEMENT TO
ADD A FIRE MARSHAL INSPECTOR POSITION
RECOMMENDATION
Approve amendment to Fire Service Agreement to add a Fire Marshal
Inspector position.
EXECUTIVE SUMMARY
•The City contracts fire services from Riverside County Fire Department.
•In August 2021, Council received and filed a fire service delivery study
by Matrix Consulting Group (Matrix). One of the study’s
recommendations is to add a Fire Marshal Inspector to enhance the
City’s fire prevention efforts.
•By adding a Fire Marshal Inspector to the La Quinta Fire Service
Contract, the City will ensure that all state mandated inspections are
completed on time and allow for proactive inspections of local business.
FISCAL IMPACT
The annual costs associated with this new position is estimated at $141,812
(Attachment 1). If this position is approved, the City would pay approximately
$82,700 for seven months this fiscal year. This position requires a vehicle
equipped with emergency lights and decals, estimated at $40,000. The
position and vehicle are covered by the City Fire Fund.
BACKGROUND/ANALYSIS
The City contracts with Riverside County Fire Department (County Fire), which
contracts with California Department of Forestry and Fire Protection (CALFIRE)
to provide fire services. Currently, the City has a dedicated Fire Specialist
that is responsible for plan-checks, construction inspections, city event
reviews, and property inspections. The Fire Specialist first prioritizes land
development and construction items to meet City’s timelines, then focuses on
reviewing City events as needed, and property inspections as time allows.
CONSENT CALENDAR ITEM NO. 6
65
On September 27, 2018, the Governor of the State of California signed Senate
Bill No. 1205 which mandates annual inspections to private and public schools,
hotels, motels, lodging houses, and apartment/condominium buildings in
accordance with California Health and Safety Code Section 13146.2 and
13146.3. Per the Matrix study, the benchmark for an inspector is to conduct
500 property inspections per year to accommodate the mandated inspections
and conduct proactive business inspections. A full-time position will be
allocated 76% to conduct inspections with the remaining 24% allocated to
follow up inspections, addressing corrections at a property, and further
proactive assessments of stores and restaurants, or community outreach to
reduce false fire alarms.
Given the continuous increase in construction activity and the State annual
mandated inspections, staff is requesting that a Fire Marshall Inspector
position be added to the City’s Fire Service Agreement to ensure the Fire
Specialist can focus on plan-checks, construction inspections, and city event
reviews while the Fire Marshall Inspector can concentrate on inspections,
including annual inspections as required by law, proactive inspections of
businesses to ensure fire sprinkler systems are properly functioning, and
contacting and inspecting buildings with fire false alarms.
ALTERNATIVES
Council could elect to delay, modify, or reject the requested amendment to
the fire contract.
Prepared by: Martha Mendez, Public Safety Manager
Approved by: Chris Escobedo, Community Resources Director
Attachment: 1. Cost Estimate for FY 2021/22, 2022/23 and 2023/24
66
($85,858)
$244,732
$591,670
$750,545
6,961,990$
7,292,580$
7,639,518$
21,894,088$
EXHIBIT "A"
DATED SEPTEMBER 10, 2021 FOR FY2021/2022 THRU FY2023/2024
MEDICAL EMERGENCY FOR THE CITY OF LA QUINTA
TO THE COOPERATIVE AGREEMENT TO PROVIDE
FIRE PREVENTION, RESCUE, FIRE MARSHAL AND
CITY BUDGET COST ESTIMATE (with Tax Credit)
FISCAL YEAR 2021/2022
TOTAL CITY BUDGET ESTIMATE FOR FY2021/2022 THRU FY2023/2024
FISCAL YEAR 2022/2023
FISCAL YEAR 2023/2024
TOTAL CITY BUDGET ESTIMATE FOR FY2021/2022 THRU FY2023/2024
CITY BUDGET COST ESTIMATE (without Tax Credit)
FISCAL YEAR 2021/2022
FISCAL YEAR 2022/2023
FISCAL YEAR 2023/2024
ATTACHMENT 1
67
CAPTAINS CAPTAIN
MEDICS ENGINEERS ENGINEER
MEDICS FF II FFII
MEDICS TOTALS
STA #32
Medic Engine 225,271 1 198,282 1 347,662 2 399,919 2 1,171,135 6
STA #70
Medic Engine 225,271 1 198,282 1 347,662 2 399,919 2 1,171,135 6
STA #93
Medic Engine 225,271 1 226,431 1 347,662 2 399,919 2 1,199,283 6
226,431 1 399,919 2 626,350 3
198,282 1 226,431 1 199,960 1 624,673 3
SUBTOTALS 675,813 594,846 679,293 1,042,986 1,799,637 $4,792,576
3 3 3 6 9 24
161,564 161,564 1
141,812 141,812 1
$303,377 25
ESTIMATED SUPPORT SERVICES (Fire Cost Allocation Plan)
Administrative/Operational (Schedule A)16,082 418,299 26.01
Volunteer Program (Schedule B)5,504 5,504 1
Medic Program (Schedule C)10,648 Medic FTE and 1,370 per Defib 135,930 12.38
Battalion Chief Support (Schedule D)78,644 235,932 3
ECC Support (Schedule E)28.12 per Call and 18,529 per Station 184,975
Fleet Support (Schedule F)65,330 195,991 3
Comm/IT Support (Schedule G)41.21 per Call and 27,160 per Station 271,107
Hazmat Support (Schedule I)1,096 per Call and 4,468 per Station 22,965
$1,470,705
56,906
36,250 108,750 3
229,677 12.50%
26.01
$6,961,990
*(7,047,848)
($85,858)
*(2,103,300)
(5,132,548)
188,000
($7,047,848)
3 Fire Stations 24.0
4,602 Number of Calls 1.13
12.38 Assigned Medic FTE 0.88
3 Monitors/Defibs **26.01
3 Hazmat Stations
7 Number of Hazmat Calls
FIRE SYSTEMS INSPECTOR (PCN 111????)
per Fire Suppression Equip
DIRECT CHARGES
FIRE ENGINE USE AGREEMENT each engine
*See notation below for estimate assumptions
EXHIBIT "A"
per assigned Staff **
Vac. Relief - Engine
FIRE SAFETY SPECIALIST (PCN 114438)
Fixed Relief
SUBTOTAL STAFF
SUBTOTAL
each
MEDICAL EMERGENCY FOR THE CITY OF LA QUINTA
DATED SEPTEMBER 10, 2021 FOR FY2021/2022
TO THE COOPERATIVE AGREEMENT TO PROVIDE
FIRE PREVENTION, RESCUE, FIRE MARSHAL AND
each
Add one (1) Fire System Inspector
Per Entity Allocation
.29 FTE per Station
COOPERATIVE TRUCK AGREEMENT 12.5%
SUPPORT SERVICES SUBTOTAL
Total Assigned Staff
Indio Truck (12.5%)
Assigned Staff
TOTAL ESTIMATED TAX FUNDING
total contract transfer
TOTAL ESTIMATED CITY BUDGET
TOTAL STAFF COUNT
NET ESTIMATED CITY BUDGET
LA QUINTA ESTIMATED FIRE TAX CREDIT
Battalion Chief Support
ESTIMATED REDEVELOPMENT PASS THRU
STRUCTURAL FIRE TAXES
FY21/22 EXHIBIT "A"
CITY OF LA QUINTA
Page 2 of 11 68
SUPPORT SERVICES (Fire Cost Allocation Plan)
Administrative & Operational Services
Finance Procurement
Training Emergency Services
Data Processing Fire Fighting Equip.
Accounting Office Supplies/Equip.
Personnel
Volunteer Program - Support staff, Workers Comp, and Personal Liability Insurance
FY 21/22 POSITION SALARIES TOP STEP (per assumptions below)
316,514 36,250
312,336 16,082
263,060 5,504
225,271 10,648
254,658 1,370
198,282 78,644
226,431 18,529
173,831 28.12
199,960 65,330
173,935 27,160
161,564 41.21
141,812 1,442
83,148 418.92
94,600 4,468
179,773 COUNTY DEPUTY FIRE MARSHAL 1,095.74
1,891
520230 522340 Station Budgeted Maint-Building and Improvement
520300 522360 Maint-Extermination
520320 522380 Maint-Critical Systems
520800 522410 Maint-Health & Safety
520805 522860 Medical Supplies
520830 522890 Pharmaceuticals
520840 523220 Licenses And Permits
520845 523680 Office Equip Non Fixed Assets
521380 526700 Rent-Lease Building
521440 529500 Electricity
521540 529510 Heating Fuel
521660 529550 Water
521680 537240 Interfnd Exp-Utilities
522310 542060 Capital Improvements Facilities
HAZMAT CALLS
BATT DEL
ECC STATION
ECC CALLS
Fleet Support - Support staff, automotive costs, vehicle/engine maintenance, fuel costs
Communications / IT Support - Support staff, communications, radio maintenance, computer
DEPUTY CHIEF
Facility Support - Facility maitenance staff with associated operating costs.
FACILITY FTE
FF II/MEDIC
MEDIC MONITORS/DEFIBS REPLACEMENT
FLEET SUPPORT
COMM/IT STATION
Hazmat Program - Support staff, operating costs, and vehicle replacement
COMM/IT CALLS
FACILITY STATION
FY 21/22 DIRECT BILL ACCOUNT CODES
FIRE SAFETY SUPERVISOR
FIRE SAFETY SPECIALIST
FIRE SYSTEMS INSPECTOR
OFFICE ASSISTANT III
SECRETARY I
CAPT MEDIC
support functions
Defibrillator replacement cyc
as part of their contracted services.
ENG
ENG/MEDIC
HAZMAT STATION
DIV CHIEF
Emergency Command Center Support - Dispatch services costs
Laundry Services
Household Furnishings
- Estimated Support Services based on assumptions above
- Benefits and Admin Fee based on Staff Benefit Rate Matrix FY 2021-22 dated February 2021 - Prelim
- Direct cost of benefits (COBEN) is based on 1st Qtr AO-17 data.
HAZMAT VEHICLE REPLACEMENT
Maint-Telephone
Maint-Underground Tanks
Maint-Building and Improvemen
Trash
Maint-Copier Machines
Maint-Kitchen Equipment
Cellular Phone
Pager Service
Telephone Service
Household Expense
Appliances
Maint-Office Equipment
- All Salaries based on FINAL Salary, Pay Differentials, and Operating Expenses Schedule FY 2021-2022 Dated January 12, 2021
BAT CHIEF
CAPT
Medic Program - Support staff, Training, Certification, Case Review & Reporting, Monitor/
Battalion Chief Support - Pooled BC coverage for Cities/Agencies that do not include BC staffing
FIRE ENGINE
FF II
SRVDEL
VOL DEL
MEDIC FTE
*Cost Assumptions:
FY21/22 EXHIBIT "A"
CITY OF LA QUINTA
Page 3 of 11 69
CAPTAINS CAPTAIN
MEDICS ENGINEERS ENGINEER
MEDICS FF II FFII
MEDICS TOTALS
STA #32
Medic Engine 236,535 1 208,196 1 365,045 2 419,915 2 1,229,691 6
STA #70
Medic Engine 236,535 1 208,196 1 365,045 2 419,915 2 1,229,691 6
STA #93
Medic Engine 236,535 1 237,752 1 365,045 2 419,915 2 1,259,248 6
237,752 1 419,915 2 657,668 3
208,196 1 237,752 1 209,958 1 655,906 3
SUBTOTALS 709,604 624,589 713,257 1,095,135 1,889,619 $5,032,205
3 3 3 6 9 24
164,796 164,796 1
144,649 144,649 1
SUBTOTAL $309,444 25
ESTIMATED SUPPORT SERVICES (Fire Cost Allocation Plan)
Administrative/Operational (Schedule A)16,886 439,214 26.01
Volunteer Program (Schedule B)5,779 5,779 1
Medic Program (Schedule C)11,180 Medic FTE and 1,439 per Defib 142,726 12.38
Battalion Chief Support (Schedule D)82,576 247,729 3
ECC Support (Schedule E)29.52 per Call and 19,455 per Station 194,224
Fleet Support (Schedule F)68,597 205,791 3
Comm/IT Support (Schedule G 43.27 per Call and 28,518 per Station 284,662
Hazmat Support (Schedule I)1,151 per Call and 4,691 per Station 24,114
$1,544,240
56,906
36,250 108,750 3
241,036 12.50%
26.01
$7,292,580
*(7,047,848)
$244,732
*(2,103,300)
(5,132,548)
188,000
($7,047,848)
3 Fire Stations 24.0
4,602 Number of Calls 1.13
12.38 Assigned Medic FTE 0.88
3 Monitors/Defibs **26.01
3 Hazmat Stations
7 Number of Hazmat Calls
FIRE SYSTEMS INSPECTOR (PCN 11????)
Assigned Staff
Indio Truck (12.5%)
Battalion Chief Support
Total Assigned Staff
NET ESTIMATED CITY BUDGET
STRUCTURAL FIRE TAXES
ESTIMATED REDEVELOPMENT PASS THRU
total contract transfer
TOTAL ESTIMATED TAX FUNDING
TOTAL STAFF COUNT
TOTAL ESTIMATED CITY BUDGET
LA QUINTA ESTIMATED FIRE TAX CREDIT
per assigned Staff **
Per Entity Allocation
DIRECT CHARGES
FIRE ENGINE USE AGREEMENT each engine
COOPERATIVE TRUCK AGREEMENT 12.5%
per Fire Suppression Equip
SUPPORT SERVICES SUBTOTAL
each
EXHIBIT "A"
TO THE COOPERATIVE AGREEMENT TO PROVIDE
FIRE PREVENTION, RESCUE, FIRE MARSHAL AND
MEDICAL EMERGENCY FOR THE CITY OF LA QUINTA
DATED SEPTEMBER 10, 2021 FOR FY2022/2023
Vac. Relief - Engine
SUBTOTAL STAFF
FIRE SAFETY SPECIALIST (PCN 114438)each
*See notation below for estimate assumptions
Fixed Relief
.29 FTE per Station
FY22/23 EXHIBIT "A"
CITY OF LA QUINTA
Page 4 of 11 70
SUPPORT SERVICES (Fire Cost Allocation Plan)
Administrative & Operational Services
Finance Procurement
Training Emergency Services
Data Processing Fire Fighting Equip.
Accounting Office Supplies/Equip.
Personnel
FY 22/23 POSITION SALARIES TOP STEP (per assumptions below)
332,340 36,250
327,953 16,886
276,213 5,779
236,535 11,180
267,391 1,439
208,196 82,576
237,752 19,455
182,523 29.52
209,958 68,597
177,414 28,518
164,796 43.27
144,649 1,514
84,811 439.86
96,492 4,691
183,369 COUNTY DEPUTY FIRE MARSHAL 1,150.52
1,986
- Projected increase of 5% to Safety & 2% Non-Safety Staff and 5% Support Services from previous FY21/22.
520230 522340 Station Budgeted Maint-Building and Improvement
520300 522360 Maint-Extermination
520320 522380 Maint-Critical Systems
520800 522410 Maint-Health & Safety
520805 522860 Medical Supplies
520830 522890 Pharmaceuticals
520840 523220 Licenses And Permits
520845 523680 Office Equip Non Fixed Assets
521380 526700 Rent-Lease Building
521440 529500 Electricity
521540 529510 Heating Fuel
521660 529550 Water
521680 537240 Interfnd Exp-Utilities
522310 542060 Capital Improvements Facilities
Maint-Kitchen Equipment
Maint-Office Equipment
Maint-Telephone
Maint-Underground Tanks
Maint-Building and Improvemen
Household Expense
Appliances
Laundry Services
Household Furnishings
Trash
Maint-Copier Machines
FY 22/23 DIRECT BILL ACCOUNT CODES
Cellular Phone
Pager Service
Telephone Service
*Cost Assumptions:
- All Salaries based on FINAL Salary, Pay Differentials, and Operating Expenses Schedule FY 2021-2022 Dated January 12, 2021
- Direct cost of benefits (COBEN) is based on 1st Qtr AO-17 data.
- Benefits and Admin Fee based on Staff Benefit Rate Matrix FY 2021-22 dated February 2021 - Prelim
SECRETARY I HAZMAT STATION
HAZMAT CALLS
HAZMAT VEHICLE REPLACEMENT
FIRE SAFETY SPECIALIST COMM/IT CALLS
FIRE SYSTEMS INSPECTOR FACILITY STATION
OFFICE ASSISTANT III FACILITY FTE
FF II ECC CALLS
FF II/MEDIC FLEET SUPPORT
FIRE SAFETY SUPERVISOR COMM/IT STATION
CAPT MEDIC MEDIC MONITORS/DEFIBS REPLACEMENT
ENG BATT DEL
ENG/MEDIC ECC STATION
DIV CHIEF SRVDEL
BAT CHIEF VOL DEL
CAPT MEDIC FTE
Facility Support - Facility maitenance staff with associated operating costs.
Hazmat Program - Support staff, operating costs, and vehicle replacement
DEPUTY CHIEF FIRE ENGINE
Emergency Command Center Support - Dispatch services costs
Communications / IT Support - Support staff, communications, radio maintenance, computer
support functions
Defibrillator replacement cyc
Battalion Chief Support - Pooled BC coverage for Cities/Agencies that do not include BC staffing
as part of their contracted services.
Fleet Support - Support staff, automotive costs, vehicle/engine maintenance, fuel costs
Volunteer Program - Support staff, Workers Comp, and Personal Liability Insurance
Medic Program - Support staff, Training, Certification, Case Review & Reporting, Monitor/
FY22/23 EXHIBIT "A"
CITY OF LA QUINTA
Page 5 of 11 71
CAPTAINS CAPTAIN
MEDICS ENGINEERS ENGINEER
MEDICS FF II FFII
MEDICS TOTALS
STA #32
Medic Engine 248,361 1 218,606 1 383,297 2 440,911 2 1,291,176 6
STA #70
Medic Engine 248,361 1 218,606 1 383,297 2 440,911 2 1,291,176 6
STA #93
Medic Engine 248,361 1 249,640 1 383,297 2 440,911 2 1,322,210 6
249,640 1 440,911 2 690,551 3
218,606 1 249,640 1 220,456 1 688,702 3
SUBTOTALS 745,084 655,818 748,920 1,149,892 1,984,100 $5,283,815
3 3 3 6 9 24
168,091 168,091 1
147,542 147,542 1
SUBTOTAL $315,633 25
ESTIMATED SUPPORT SERVICES (Fire Cost Allocation Plan)
Administrative/Operational (Schedule A)17,731 461,175 26.01
Volunteer Program (Schedule B)6,068 6,068 1
Medic Program (Schedule C)11,739 Medic FTE and 1,511 per Defib 149,863 12.38
Battalion Chief Support (Schedule D)86,705 260,116 3
ECC Support (Schedule E)31.00 per Call and 20,428 per Station 203,935
Fleet Support (Schedule F)72,027 216,080 3
Comm/IT Support (Schedule G 45.43 per Call and 29,944 per Station 298,895
Hazmat Support (Schedule I)1,208 per Call and 45.43 per Station 25,319
$1,621,452
56,906
36,250 108,750 3
252,963 12.50%
26.01
$7,639,518
*(7,047,848)
$591,670
*(2,103,300)
(5,132,548)
188,000
($7,047,848)
3 Fire Stations 24.0
4,602 Number of Calls 1.13
12.38 Assigned Medic FTE 0.88
3 Monitors/Defibs **26.01
3 Hazmat Stations
7 Number of Hazmat Calls
FIRE SYSTEMS INSPECTOR (PCN 11????)
Assigned Staff
Indio Truck (12.5%)
Battalion Chief Support
Total Assigned Staff
NET ESTIMATED CITY BUDGET
STRUCTURAL FIRE TAXES
ESTIMATED REDEVELOPMENT PASS THRU
total contract transfer
TOTAL ESTIMATED TAX FUNDING
TOTAL STAFF COUNT
TOTAL ESTIMATED CITY BUDGET
LA QUINTA ESTIMATED FIRE TAX CREDIT
per assigned Staff **
Per Entity Allocation
DIRECT CHARGES
FIRE ENGINE USE AGREEMENT each engine
COOPERATIVE TRUCK AGREEMENT 12.5%
per Fire Suppression Equip
SUPPORT SERVICES SUBTOTAL
each
EXHIBIT "A"
TO THE COOPERATIVE AGREEMENT TO PROVIDE
FIRE PREVENTION, RESCUE, FIRE MARSHAL AND
MEDICAL EMERGENCY FOR THE CITY OF LA QUINTA
DATED SEPTEMBER 10, 2021 FOR FY2023/2024
Vac. Relief - Engine
SUBTOTAL STAFF
FIRE SAFETY SPECIALIST (PCN 114438)each
*See notation below for estimate assumptions
Fixed Relief
.29 FTE per Station
FY23/24 EXHIBIT "A"
CITY OF LA QUINTA
Page 6 of 11 72
SUPPORT SERVICES (Fire Cost Allocation Plan)
Administrative & Operational Services
Finance Procurement
Training Emergency Services
Data Processing Fire Fighting Equip.
Accounting Office Supplies/Equip.
Personnel
Volunteer Program - Support staff, Workers Comp, and Personal Liability Insurance
FY 23/24 POSITION SALARIES TOP STEP (per assumptions below)
348,957 36,250
344,350 17,731
290,023 6,068
248,361 11,739
280,761 1,511
218,606 86,705
249,640 20,428
191,649 31.00
220,456 72,027
180,962 29,944
168,091 45.43
147,542 1,590
86,507 461.86
98,422 4,926
187,036 COUNTY DEPUTY FIRE MARSHAL 1,208.05
2,085
- Projected increase of 5% to Safety & 2% Non-Safety Staff and 5% Support Services from previous FY22/23
520230 522340 Station Budgeted Maint-Building and Improvement
520300 522360 Maint-Extermination
520320 522380 Maint-Critical Systems
520800 522410 Maint-Health & Safety
520805 522860 Medical Supplies
520830 522890 Pharmaceuticals
520840 523220 Licenses And Permits
520845 523680 Office Equip Non Fixed Assets
521380 526700 Rent-Lease Building
521440 529500 Electricity
521540 529510 Heating Fuel
521660 529550 Water
521680 537240 Interfnd Exp-Utilities
522310 542060 Capital Improvements Facilities
Maint-Kitchen Equipment
Maint-Office Equipment
Maint-Telephone
Maint-Underground Tanks
Maint-Building and Improvemen
Household Expense
Appliances
Laundry Services
Household Furnishings
Trash
Maint-Copier Machines
FY 23/24 DIRECT BILL ACCOUNT CODES
Cellular Phone
Pager Service
Telephone Service
*Cost Assumptions:
- All Salaries based on FINAL Salary, Pay Differentials, and Operating Expenses Schedule FY 2021-2022 Dated January 12, 2021
- Benefits and Admin Fee based on Staff Benefit Rate Matrix FY 2021-22 dated February 2021 - Prelim
- Direct cost of benefits (COBEN) is based on 1st Qtr AO-17 data.
SECRETARY I HAZMAT STATION
HAZMAT CALLS
HAZMAT VEHICLE REPLACEMENT
FIRE SAFETY SPECIALIST COMM/IT CALLS
FIRE SYSTEMS INSPECTOR FACILITY STATION
OFFICE ASSISTANT III FACILITY FTE
FF II ECC CALLS
FF II/MEDIC FLEET SUPPORT
FIRE SAFETY SUPERVISOR COMM/IT STATION
CAPT MEDIC MEDIC MONITORS/DEFIBS REPLACEMENT
ENG BATT DEL
ENG/MEDIC ECC STATION
DIV CHIEF SRVDEL
BAT CHIEF VOL DEL
CAPT MEDIC FTE
Facility Support - Facility maitenance staff with associated operating costs.
Hazmat Program - Support staff, operating costs, and vehicle replacement
DEPUTY CHIEF FIRE ENGINE
Communications / IT Support - Support staff, communications, radio maintenance, computer
Defibrillator replacement cycle.
support functions
Battalion Chief Support - Pooled BC coverage for Cities/Agencies that do not include BC staffing
as part of their contracted services.
Fleet Support - Support staff, automotive costs, vehicle/engine maintenance, fuel costs
Medic Program - Support staff, Training, Certification, Case Review & Reporting, Monitor/
Emergency Command Center Support - Dispatch services costs
FY23/24 EXHIBIT "A"
CITY OF LA QUINTA
Page 7 of 11 73
CAPTAINS CAPTAIN
MEDICS ENGINEERS ENGINEER
MEDICS FF II FFII
MEDICS TOTALS
STA #32
Medic Engine 260,779 1 229,536 1 402,462 2 462,957 2 1,355,735 6
STA #70
Medic Engine 260,779 1 229,536 1 402,462 2 462,957 2 1,355,735 6
STA #93
Medic Engine 260,779 1 262,122 1 402,462 2 462,957 2 1,388,320 6
262,122 1 462,957 2 725,079 3
229,536 1 262,122 1 231,478 1 723,137 3
SUBTOTALS 782,338 688,609 786,366 1,207,387 2,083,305 $5,548,006
3 3 3 6 9 24
171,453 171,453 1
150,492 150,492 1
SUBTOTAL $321,946 25
ESTIMATED SUPPORT SERVICES (Fire Cost Allocation Plan)
Administrative/Operational (Schedule A)18,617 484,234 26.01
Volunteer Program (Schedule B)6,372 6,372 1
Medic Program (Schedule C)12,326 Medic FTE and 1,586 per Defib 157,356 12.38
Battalion Chief Support (Schedule D)91,040 273,121 3
ECC Support (Schedule E)32.55 per Call and 21,450 per Station 214,132
Fleet Support (Schedule F)75,628 226,884 3
Comm/IT Support (Schedule G 47.70 per Call and 31,442 per Station 313,840
Hazmat Support (Schedule I)1,268 per Call and 5,172 per Station 26,585
$1,702,525
56,906
36,250 108,750 3
265,486 12.50%
26.01
$8,003,617
*(7,047,848)
$955,770
*(2,103,300)
(5,132,548)
188,000
($7,047,848)
3 Fire Stations 24.0
4,602 Number of Calls 1.13
12.38 Assigned Medic FTE 0.88
3 Monitors/Defibs **26.01
3 Hazmat Stations
7 Number of Hazmat Calls
FIRE SYSTEMS INSPECTOR (PCN 11????)
Assigned Staff
Indio Truck (12.5%)
Battalion Chief Support
Total Assigned Staff
Vac. Relief - Engine
SUBTOTAL STAFF
FIRE SAFETY SPECIALIST (PCN 114438)each
*See notation below for estimate assumptions
Fixed Relief
.29 FTE per Station
per assigned Staff **
Per Entity Allocation
DIRECT CHARGES
FIRE ENGINE USE AGREEMENT each engine
COOPERATIVE TRUCK AGREEMENT 12.5%
each
EXHIBIT "A"
TO THE COOPERATIVE AGREEMENT TO PROVIDE
FIRE PREVENTION, RESCUE, FIRE MARSHAL AND
MEDICAL EMERGENCY FOR THE CITY OF LA QUINTA
DATED SEPTEMBER 10, 2021 FOR FY2024/2025
per Fire Suppression Equip
SUPPORT SERVICES SUBTOTAL
NET ESTIMATED CITY BUDGET
STRUCTURAL FIRE TAXES
ESTIMATED REDEVELOPMENT PASS THRU
total contract transfer
TOTAL ESTIMATED TAX FUNDING
TOTAL STAFF COUNT
TOTAL ESTIMATED CITY BUDGET
LA QUINTA ESTIMATED FIRE TAX CREDIT
FY24/25 EXHIBIT "A"
CITY OF LA QUINTA
Page 8 of 11 74
SUPPORT SERVICES (Fire Cost Allocation Plan)
Administrative & Operational Services
Finance Procurement
Training Emergency Services
Data Processing Fire Fighting Equip.
Accounting Office Supplies/Equip.
Personnel
Volunteer Program - Support staff, Workers Comp, and Personal Liability Insurance
FY 24/25 POSITION SALARIES TOP STEP (per assumptions below)
366,405 36,250
361,568 18,617
304,524 6,372
260,779 12,326
294,799 1,586
229,536 91,040
262,122 21,450
201,231 32.55
231,478 75,628
184,581 31,442
171,453 47.70
150,492 1,669
88,237 484.95
100,390 5,172
190,777 COUNTY DEPUTY FIRE MARSHAL 1,268.45
2,189
- Projected increase of 5% to Safety & 2% Non-Safety Staff and 5% Support Services from previous FY23/24
520230 522340 Station Budgeted Maint-Building and Improvement
520300 522360 Maint-Extermination
520320 522380 Maint-Critical Systems
520800 522410 Maint-Health & Safety
520805 522860 Medical Supplies
520830 522890 Pharmaceuticals
520840 523220 Licenses And Permits
520845 523680 Office Equip Non Fixed Assets
521380 526700 Rent-Lease Building
521440 529500 Electricity
521540 529510 Heating Fuel
521660 529550 Water
521680 537240 Interfnd Exp-Utilities
522310 542060 Capital Improvements Facilities
Maint-Office Equipment
Maint-Telephone
Maint-Underground Tanks
Maint-Building and Improvemen
Telephone Service
Household Expense
Appliances
Laundry Services
Household Furnishings
Trash
FY 24/25 DIRECT BILL ACCOUNT CODES
Cellular Phone
Pager Service
*Cost Assumptions:
- All Salaries based on FINAL Salary, Pay Differentials, and Operating Expenses Schedule FY 2021-2022 Dated January 12, 2021
- Direct cost of benefits (COBEN) is based on 1st Qtr AO-17 data.
Maint-Copier Machines
Maint-Kitchen Equipment
SECRETARY I HAZMAT STATION
HAZMAT CALLS
HAZMAT VEHICLE REPLACEMENT
FIRE SAFETY SPECIALIST COMM/IT CALLS
FIRE SYSTEMS INSPECTOR FACILITY STATION
OFFICE ASSISTANT III FACILITY FTE
FF II ECC CALLS
FF II/MEDIC FLEET SUPPORT
FIRE SAFETY SUPERVISOR COMM/IT STATION
CAPT MEDIC
ENG BATT DEL
ENG/MEDIC ECC STATION
DIV CHIEF SRVDEL
BAT CHIEF VOL DEL
CAPT MEDIC FTE
MEDIC MONITORS/DEFIBS REPLACEMENT
Facility Support - Facility maitenance staff with associated operating costs.
Hazmat Program - Support staff, operating costs, and vehicle replacement
DEPUTY CHIEF FIRE ENGINE
Communications / IT Support - Support staff, communications, radio maintenance, computer
support functions
Defibrillator replacement cyc
Battalion Chief Support - Pooled BC coverage for Cities/Agencies that do not include BC staffing
as part of their contracted services.
Fleet Support - Support staff, automotive costs, vehicle/engine maintenance, fuel costs
Medic Program - Support staff, Training, Certification, Case Review & Reporting, Monitor/
Emergency Command Center Support - Dispatch services costs
- Benefits and Admin Fee based on Staff Benefit Rate Matrix FY 2021-22 dated February 2021 - Prelim
FY24/25 EXHIBIT "A"
CITY OF LA QUINTA
Page 9 of 11 75
CAPTAINS CAPTAIN
MEDICS ENGINEERS ENGINEER
MEDICS FF II FFII
MEDICS TOTALS
STA #32
Medic Engine 273,818 1 241,013 1 422,585 2 486,105 2 1,423,521 6
STA #70
Medic Engine 273,818 1 241,013 1 422,585 2 486,105 2 1,423,521 6
STA #93
Medic Engine 273,818 1 275,228 1 422,585 2 486,105 2 1,457,736 6
275,228 1 486,105 2 761,333 3
241,013 1 275,228 1 243,052 1 759,294 3
SUBTOTALS 821,455 723,040 825,685 1,267,756 2,187,470 $5,825,406
3 3 3 6 9 24
174,882 174,882 1
153,502 153,502 1
SUBTOTAL $328,385 25
ESTIMATED SUPPORT SERVICES (Fire Cost Allocation Plan)
Administrative/Operational (Schedule A)19,548 508,445 26.01
Volunteer Program (Schedule B)6,690 6,690 1
Medic Program (Schedule C)12,942 Medic FTE and 1,666 per Defib 165,224 12.38
Battalion Chief Support (Schedule D)95,592 286,777 3
ECC Support (Schedule E)34.17 per Call and 22,522 per Station 224,839
Fleet Support (Schedule F)79,410 238,229 3
Comm/IT Support (Schedule G)50.08 per Call and 33,014 per Station 329,532
Hazmat Support (Schedule I)1,332 per Call and 5,431 per Station 27,915
$1,787,651
56,906
36,250 108,750 3
278,635 12.50%
26.01
$8,385,732
*(7,047,848)
$1,337,884
*(2,103,300)
(5,132,548)
188,000
($7,047,848)
3 Fire Stations 24.0
4,602 Number of Calls 1.13
12.38 Assigned Medic FTE 0.88
3 Monitors/Defibs **26.01
3 Hazmat Stations
7 Number of Hazmat Calls
FIRE SYSTEMS INSPECTOR (PCN 11????)
Assigned Staff
Indio Truck (12.5%)
Battalion Chief Support
Total Assigned Staff
NET ESTIMATED CITY BUDGET
STRUCTURAL FIRE TAXES
ESTIMATED REDEVELOPMENT PASS THRU
total contract transfer
TOTAL ESTIMATED TAX FUNDING
TOTAL STAFF COUNT
TOTAL ESTIMATED CITY BUDGET
LA QUINTA ESTIMATED FIRE TAX CREDIT
per assigned Staff **
Per Entity Allocation
DIRECT CHARGES
FIRE ENGINE USE AGREEMENT each engine
COOPERATIVE TRUCK AGREEMENT 12.5%
per Fire Suppression Equip
SUPPORT SERVICES SUBTOTAL
each
EXHIBIT "A"
TO THE COOPERATIVE AGREEMENT TO PROVIDE
FIRE PREVENTION, RESCUE, FIRE MARSHAL AND
MEDICAL EMERGENCY FOR THE CITY OF LA QUINTA
DATED SEPTEMBER 10, 2021 FOR FY2025/2026
Vac. Relief - Engine
SUBTOTAL STAFF
FIRE SAFETY SPECIALIST (PCN 114438)each
*See notation below for estimate assumptions
Fixed Relief
.29 FTE per Station
FY25/26 EXHIBIT "A"
CITY OF LA QUINTA
Page 10 of 11 76
SUPPORT SERVICES (Fire Cost Allocation Plan)
Administrative & Operational Services
Finance Procurement
Training Emergency Services
Data Processing Fire Fighting Equip.
Accounting Office Supplies/Equip.
Personnel
Volunteer Program - Support staff, Workers Comp, and Personal Liability Insurance
FY 25/26 POSITION SALARIES TOP STEP (per assumptions below)
384,725 36,250
379,646 19,548
319,751 6,690
273,818 12,942
309,539 1,666
241,013 95,592
275,228 22,522
211,293 34.17
243,052 79,410
188,273 33,014
174,882 50.08
153,502 1,753
90,002 509.20
102,398 5,431
194,592 COUNTY DEPUTY FIRE MARSHAL 1,331.87
2,299
- Projected increase of 5% to Safety & 2% Non-Safety Staff and 5% Support Services from previous FY24/25
520230 522340 Station Budgeted Maint-Building and Improvement
520300 522360 Maint-Extermination
520320 522380 Maint-Critical Systems
520800 522410 Maint-Health & Safety
520805 522860 Medical Supplies
520830 522890 Pharmaceuticals
520840 523220 Licenses And Permits
520845 523680 Office Equip Non Fixed Assets
521380 526700 Rent-Lease Building
521440 529500 Electricity
521540 529510 Heating Fuel
521660 529550 Water
521680 537240 Interfnd Exp-Utilities
522310 542060 Capital Improvements Facilities
Maint-Kitchen Equipment
Maint-Office Equipment
Maint-Telephone
Maint-Underground Tanks
Maint-Building and Improvemen
Telephone Service
Household Expense
Appliances
Laundry Services
Household Furnishings
Trash
FY 25/26 DIRECT BILL ACCOUNT CODES
Cellular Phone
Pager Service
*Cost Assumptions:
- All Salaries based on FINAL Salary, Pay Differentials, and Operating Expenses Schedule FY 2021-2022 Dated January 12, 2021
- Benefits and Admin Fee based on Staff Benefit Rate Matrix FY 2021-22 dated February 2021 - Prelim
- Direct cost of benefits (COBEN) is based on 1st Qtr AO-17 data.
Maint-Copier Machines
SECRETARY I HAZMAT STATION
HAZMAT CALLS
HAZMAT VEHICLE REPLACEMENT
FIRE SAFETY SPECIALIST COMM/IT CALLS
FIRE SYSTEMS INSPECTOR FACILITY STATION
OFFICE ASSISTANT III FACILITY FTE
FF II ECC CALLS
FF II/MEDIC FLEET SUPPORT
FIRE SAFETY SUPERVISOR COMM/IT STATION
CAPT MEDIC MEDIC MONITORS/DEFIBS REPLACEMENT
ENG BATT DEL
ENG/MEDIC ECC STATION
DIV CHIEF SRVDEL
BAT CHIEF VOL DEL
CAPT MEDIC FTE
Facility Support - Facility maitenance staff with associated operating costs.
Hazmat Program - Support staff, operating costs, and vehicle replacement
DEPUTY CHIEF FIRE ENGINE
Communications / IT Support - Support staff, communications, radio maintenance, computer
support functions
Defibrillator replacement cyc
Battalion Chief Support - Pooled BC coverage for Cities/Agencies that do not include BC staffing
as part of their contracted services.
Fleet Support - Support staff, automotive costs, vehicle/engine maintenance, fuel costs
Medic Program - Support staff, Training, Certification, Case Review & Reporting, Monitor/
Emergency Command Center Support - Dispatch services costs
FY25/26 EXHIBIT "A"
CITY OF LA QUINTA
Page 11 of 11 77
78
City of La Quinta
CITY COUNCIL MEETING: October 19, 2021
STAFF REPORT
AGENDA TITLE: AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO AWARD
FUTURE WORK TO DESERT CONCEPTS CONSTRUCTION FOR FISCAL YEAR
2021/22 WHEN THEY ARE THE LOWEST AND/OR QUALIFIED BIDDER
RECOMMENDATION
Authorize the Public Works Department to award future work to Desert
Concepts Construction through fiscal year 2021/22 when they are the lowest
and/or qualified bidder. Combined contract totals shall not exceed $150,000.
EXECUTIVE SUMMARY
•Per the purchasing policy, combined amounts paid to vendors/contractors
over $50,000 must be approved by the City Council.
•Desert Concepts Construction (Desert Concepts) provides quality work, will
bid prevailing wage projects, and has sufficient staff and resources to
perform a variety of services for the City.
FISCAL IMPACT
The appropriate accounts will be charged depending on services rendered. The
combined contract totals awarded to Desert Concepts in FY 21/22 shall not
exceed $150,000.
BACKGROUND/ANALYSIS
The purchasing policy requires Council approval for combined purchases and/or
contracts over $50,000. To date in FY 2021/22, the City has utilized Desert
Concepts for a variety of services totaling $45,635. Any additional work to be
performed by Desert Concepts would require Council authorization if the
combined $50,000 contract totals threshold is exceeded.
Desert Concepts has a history of providing quality work, ability to mobilize
quickly, and will bid prevailing wage projects. In recent years they have
performed a wide range of services including general construction, concrete
CONSENT CALENDAR ITEM NO. 7
79
sidewalk repairs, heating, ventilation and air conditioning installations, electrical,
plumbing, landscape, irrigation, and asphalt repairs, and other tasks including
emergency repairs.
Staff requests authorization to utilize Desert Concepts for up to $150,000 of
combined work should Desert Concepts be the qualified and/or low bidder during
FY 2021/22. Each project would be subject to the City’s current purchasing policy
and follow the City’s bidding procedures. Council approval of the staff report does
not guarantee Desert Concepts will receive any future work. Without Council
approval, each future individual project would be required to come back to
Council for approval which would cause work delays.
ALTERNATIVES
Council may deny this request or direct staff to seek Council approval for any
future work with Desert Concepts, however, staff does not recommend this as it
could adversely affect work schedules.
Prepared by: Dianne Hansen, Management Analyst, Parks/Landscape
Approved by: Bryan McKinney, Public Works Director/ City Engineer
80
City of La Quinta
CITY COUNCIL MEETING: October 19, 2021
STAFF REPORT
AGENDA TITLE: APPROVE ASSIGNMENT AND ASSUMPTION AGREEMENT
AND AMENDMENT TO DEVELOPMENT IMPROVEMENT AGREEMENT FOR TRACT
MAP NO. 30138, A RESIDENTIAL DEVELOPMENT LOCATED ON THE NORTH
SIDE OF AVENUE 52 WEST OF MADISON STREET
RECOMMENDATION
Approve Assignment and Assumption Agreement and Amendment to
Development Improvement Agreement for Tract Map No. 30138 and authorize
the City Manager to execute said agreement.
EXECUTIVE SUMMARY
•SoCal Portfolio I LP has sold its interest in this tract (Attachment 1) to
La Quinta 47, LLC (New Developer) and desires to assign the
Development Improvement Agreement’s rights, interest, and
obligations to the New Developer.
•New Developer requests approval of Assignment and Assumption
Agreement and Amendment to Development Improvement Agreement
(Agreement) (Attachment 2) for Tract Map No. 30138.
FISCAL IMPACT
None. Developer reimbursements will be from settlement funds received from
Surety bond.
BACKGROUND/ANALYSIS
Tract Map No. 30138 is a residential development located at the north side of
Avenue 52 west of Madison Street.
In May 2013, SoCal Portfolio I LP entered into a Development Improvement
Agreement for Tract Map No. 30138. The Development Improvement
Agreement allows reimbursements to SoCal Portfolio I from settlement funds
received from Surety bond for the design and construction of certain off-site
CONSENT CALENDAR ITEM NO. 8
NO.
81
and on-site improvements listed in the agreement for the tract. SoCal Portfolio
I LP just recently sold its interest in this tract to New Developer and desires
to assign the Development Improvement Agreement’s rights, interest, and
obligations to the New Developer.
ALTERNATIVES
Staff does not recommend an alternative.
Prepared by: Amy Yu, Associate Engineer
Approved by: Bryan McKinney, P.E., Public Works Director / City Engineer
Attachments: 1. Vicinity Map
2. Assignment and Assumption Agreement and Amendment
to Development Improvement Agreement
82
V I C I N I T Y M A P
NOT TO SCALE
Tract Map No. 30138
ATTACHMENT 1
83
84
F220
ASSIGNMENT AND ASSUMPTION AGREEMENT
AND
AMENDMENT TO DEVELOPMENT IMPROVEMENT AGREEMENT
TRACT MAP NO. 30138
This ASSIGNMENT AND ASSUMPTION AGREEMENT AND AMENDMENT TO
DEVELOPMENT IMPROVEMENT AGREEMENT (“Assignment & Amendment”) is
made and entered into as of the ___ day of __________, 20___, by and among the
CITY OF LA QUINTA, a municipal corporation of the State of California (“City”), SOCAL
PORTFOLIO I LP, a Delaware limited partnership (“Assignor”), and La Quinta 47, LLC,
a California limited liability company (“Assignee”).
RECITALS
A. City and Assignor entered into that certain Development Improvement
Agreement, dated May 14, 2013 (“Agreement”), pursuant to which City agreed to make
available the “Bond Fund” defined in the Agreement, to Assignor, referred to as “SoCal”
in the Agreement, if Assignor agrees to complete those Off-Site Improvements and the
specified On-Site Improvements as a priority, as more fully described as “Priority
Improvements” in Exhibit “D” of the Agreement and that if Assignor so agrees, then the
balance of the Bond Fund (if any) could be used by Assignor for other On-Site
Improvements on Tract No. 30138 (“Tract”).
B. Assignor desires to sell its interest in the Tract to Assignee. In conjunction
with such transfer, Assignor desires to assign the Agreement, and all of Assignor’s
rights and obligations thereunder, to Assignee and Assignee desire to assume
Assignor’s position with respect to the Agreement and of Assignor’s rights and
obligations under the Agreement subject to the terms of this Assignment & Amendment.
C. In connection with the foregoing described assignment and assumption,
the City and Assignee have agreed to certain modifications to the Agreement as set
forth herein to be effective upon full execution of this Assignment & Amendment by all
the parties hereto.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals and the
covenants and promises hereinafter contained, and for good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
hereto agree as follows:
1. Assignment and Assumption. Assignor hereby transfers and assigns to
Assignee all of the Assignor’s rights, title, and interest in and to, and obligations under,
the Agreement, and Assignee hereby assumes all rights, title, and interest in and to,
and obligations under, the Agreement. City hereby consents to the foregoing
assignment and assumption.
ATTACHMENT 2
85
86
87
88
City of La Quinta
CITY COUNCIL MEETING: October 19, 2021
STAFF REPORT
AGENDA TITLE: APPROVE DEMAND REGISTERS DATED OCTOBER 1 AND 8,
2021
RECOMMENDATION
Approve demand registers dated October 1 and 8, 2021.
EXECUTIVE SUMMARY – None
FISCAL IMPACT
Demand of Cash:
City 1,335,307.12$
Successor Agency of RDA 200.00$
Housing Authority 18,241.78$
1,353,748.90$
BACKGROUND/ANALYSIS
Routine bills and payroll must be paid between Council meetings. Attachment 1
details the weekly demand registers for October 1 and 8, 2021.
Warrants Issued:
205974-206005 173,391.48$
206006-206065 577,516.47$
Wire Transfers 348,608.95$
Payroll Tax Transfers 46,445.99$
Payroll Direct Deposit 207,786.01$
1,353,748.90$
CONSENT CALENDAR ITEM NO. 9
89
The most significant expenditures on the demand registers are:
Vendor Account Name Amount Purpose
Urban Habitat Retention Payable 219,972.35$ Partial Retention
Payment
Coachella Valley Assoc of
Government
TUMF Payable to
CVAG/Membership
Dues
73,514.70$ August TUMF Fees
Imperial Irrigation District Various 56,175.86$ Electricity Service
Visit Greater Palm Springs Visit Greater Palm
Springs
53,349.00$ FY 21/22 Q2 City
Funding
R Dependable Construction Construction 45,885.00$ Fire Station 70
Revitalization
Wire Transfers: Eleven transfers totaled $348,609. Of this amount, $175,756
was to Landmark, and $162,200 was to CALPERS. (See Attachment 2 for a
complete listing).
Purchase Orders/Contracts: During the quarterly period starting July 1
through September 31, 2021, fourteen purchase orders were issued with a value
between $25,000 and $50,000, for a total of $469,801 (See Attachment 3 for a
complete listing).
Investment Transactions: Full details of investment transactions as well as
total holdings are reported quarterly in the Treasurer’s Report.
Prepared by: Jesse Batres, Account Technician
Approved by: Rosemary Hallick, Financial Services Analyst
Attachments:1. Demand Registers
2.Wire Transfers
3. Purchase Orders
Transaction Issuer Type Par Value
Settle
Date
Coupon
Rate
Maturity NY Community Bank CD 245,000$ 9/27/21 1.800%
Purchase Federal Farm Credit Bank Agency 1,000,000$ 9/28/21 0.800%
Purchase United States Government Treasury 1,000,000$ 9/29/21 0.625%
Purchase United States Government Treasury 1,000,000$ 9/29/21 0.750%
Purchase Federal Home Loan Bank Agency 1,000,000$ 9/30/21 1.000%
90
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City of La Quinta Packet: APPKT02931 - 10/01/2021
AmountVendor Name Payment Number Description (Item)Account Name Account Number
Fund: 101 - GENERAL FUND
563.75Professional Services09/2021 STVR HOTLINE & 08/2021 ADDIT…205977CENTRAL COMMUNICATIONS 101-6004-60103
41.90Cable/Internet - Utilities09/16-10/15/21 - FS #70 CABLE (1860)206002TIME WARNER CABLE 101-2002-61400
90.03Cable/Internet - Utilities09/16-10/15/21 - FS #32 CABLE (8152)206002TIME WARNER CABLE 101-2002-61400
200.00Annual Wellness Dollar Reimb…9/07/21 - ANNUAL WELLNESS DOLLARS RE…205976CAMARENA, REYNA 101-1004-50252
200.00Annual Wellness Dollar Reimb…09/20/21 - ANNUAL WELLNESS DOLLARS …205974BERUMEN, ALFRED 101-1004-50252
1,391.97Travel & Training09/12-09/15/21 - REIMB CALTRAVEL SU…205986GRAHAM, MARCIE 101-3007-60320
2,227.36Vehicles08/30/2021 - SAFETY LIGHTS FOR KOHL'S …205993MIKES AUTO ELECTRIC 101-2002-71031
2,200.00Marketing & Tourism Promoti…09/08-10/05/21 - AIRPORT DIGITAL DISPL…206001THE LAMAR COMPANIES 101-3007-60461
285.00Maintenance/Services09/08/21 - FS #32 REFRIGERATION REPAIRS205985FROSTY'S AIR CONDITIONING …101-2002-60691
2,685.00Maintenance/Services09/17/21 - COMPRESSOR INSTALLATION205985FROSTY'S AIR CONDITIONING …101-3008-60691
8,100.00Marketing & Tourism Promoti…FY 21/22 LOCAL PRINT PUBLICATIONS205982DESERT HEALTH 101-3007-60461
3,500.00Contract Services - Administrat…10/2021 - LOBBYIST SERVICES205989JOE A GONSALVES & SON 101-1002-60101
500.00Marketing & Tourism Promoti…08/02/21 - eNEWSLETTER205992LOS ANGELES MAGAZINE LLC 101-3007-60461
130.29Special Enforcement Funds09/14/2021 - SIGNS FOR FUNERAL206005XPRESS GRAPHICS 101-2001-60175
5,753.34Community Experiences09/21/21 - LIVE FROM EARTH CONCERT205991LH PRODUCTIONS 101-3003-60149
880.30Annual Permits/Inspections09/1/21 - CH GEN ANNUAL RENEWAL FEES…205998SOUTH COAST AIR QUALITY M…101-3008-60196
142.59Annual Permits/InspectionsCH FY21-22 FLAT EMISSIONS FEE205998SOUTH COAST AIR QUALITY M…101-3008-60196
3,220.00Blood/Alcohol Testing08/10/21 & 08/23/21 - BLOOD/ALCOHOL …205975BIO-TOX LABORATORIES 101-2001-60174
35.00Blood/Alcohol Testing08/2021 - BLOOD/ALCOHOL ANALYSIS (DO…205980DEPARTMENT OF JUSTICE 101-2001-60174
-170.00Facility & Fleet Maintenance03/06/20 - RECLASS TO 101-2001-60176205978CLASSIC AUTO TRANSPORT 101-2001-98140
170.00Sheriff - Other03/06/20 - RECLASS FROM 101-2001-981…205978CLASSIC AUTO TRANSPORT 101-2001-60176
2,925.00Professional Services9/01/21 - UPDATE STVR TRANSIENT OCCU…205994MUNIREVS INC 101-6006-60103
70.00Special Enforcement Funds08/11/21 - TOWING OF POLICE MOTORCY…205978CLASSIC AUTO TRANSPORT 101-2001-60175
2,500.00Marketing & Tourism Promoti…10/2021-12/2021 - PRINT ADS205999SOUTHERN CALIFORNIA LIFE …101-3007-60461
90.00Community Experiences09/11/21 - CHAIRS FOR 9/11 VIGIL EVENT205983ESPINOZA, DAVID C.101-3003-60149
47.52Mobile/Cell Phones/Satellites08/14-09/13/21 - EOC CELL (7813)206003VERIZON WIRELESS 101-2002-61304
131.75Annual Permits/Inspections07/21/21 - WC FIRE SUPPRESSION SYSTEM…205981DESERT FIRE EXTINGUISHER C…101-3008-60196
692.00HVAC06/04/21 - CH HVAC REPAIRS205984FIRST CHOICE A/C & HEATING …101-3008-60667
79.00HVAC06/15/21 - CH HVAC DIAGNOSTICS205984FIRST CHOICE A/C & HEATING …101-3008-60667
4,000.00Postage08/25/21 - CITYWIDE POSTAGE MACHINE …205996QUADIENT FINANCE USA, INC.101-1007-60470
1,614.00HVAC03/25/21 - CH HVAC REPAIRS205984FIRST CHOICE A/C & HEATING …101-3008-60667
127.00Maintenance/Services08/04/21 - FS #32 HVAC REPAIRS205984FIRST CHOICE A/C & HEATING …101-2002-60691
2,002.42Electricity - Utilities09/30/21 - ELECTRICITY SERVICE205988IMPERIAL IRRIGATION DIST 101-2002-61101
13.65Electric - Monticello Park - Utili…09/30/21 - ELECTRICITY SERVICE205988IMPERIAL IRRIGATION DIST 101-3005-61102
3,334.78Electric - Civic Center Park - Uti…09/30/21 - ELECTRICITY SERVICE205988IMPERIAL IRRIGATION DIST 101-3005-61103
1,385.82Electric - Fritz Burns Park - Utili…09/30/21 - ELECTRICITY SERVICE205988IMPERIAL IRRIGATION DIST 101-3005-61105
6,179.35Electric - Community Park - Util…09/30/21 - ELECTRICITY SERVICE205988IMPERIAL IRRIGATION DIST 101-3005-61109
14.09Electric - Velasco Park - Utilities09/30/21 - ELECTRICITY SERVICE205988IMPERIAL IRRIGATION DIST 101-3005-61111
23.39Electric - Eisenhower Park - Util…09/30/21 - ELECTRICITY SERVICE205988IMPERIAL IRRIGATION DIST 101-3005-61113
13.36Electric - Desert Pride - Utilities09/30/21 - ELECTRICITY SERVICE205988IMPERIAL IRRIGATION DIST 101-3005-61114
19,339.75Electricity - Utilities09/30/21 - ELECTRICITY SERVICE205988IMPERIAL IRRIGATION DIST 101-3008-61101
805.40Water - Utilities09/30/21 - WATER SERVICE205979COACHELLA VALLEY WATER DI…101-2002-61200
3,756.62Water -Monticello Park - Utiliti…09/30/21 - WATER SERVICE205979COACHELLA VALLEY WATER DI…101-3005-61201
2,749.45Water - Civic Center Park - Utili…09/30/21 - WATER SERVICE205979COACHELLA VALLEY WATER DI…101-3005-61202
139.47Water -Fritz Burns Park - Utiliti…09/30/21 - WATER SERVICE205979COACHELLA VALLEY WATER DI…101-3005-61204
25.88Water -Seasons Park - Utilities09/30/21 - WATER SERVICE205979COACHELLA VALLEY WATER DI…101-3005-61208
10,307.99Water -Community Park - Utilit…09/30/21 - WATER SERVICE205979COACHELLA VALLEY WATER DI…101-3005-61209
81.76Water - Utilities09/30/21 - WATER SERVICE205979COACHELLA VALLEY WATER DI…101-3008-61200
148.40PM 10 - Dust Control09/30/21 - WATER SERVICE205979COACHELLA VALLEY WATER DI…101-7006-60146
4,880.00HVAC06/29/21 - FB POOL OFFICE HVAC REPAIRS205984FIRST CHOICE A/C & HEATING …101-3008-60667
966.00Maintenance/Services03/18/21 - FS #32 HVAC REPAIRS205984FIRST CHOICE A/C & HEATING …101-2002-60691
3,589.71Electric - SilverRock Event Site -…09/30/21 - ELECTRICITY SERVICE205988IMPERIAL IRRIGATION DIST 101-3005-61115
166.75Water - Utilities09/30/21 - WATER SERVICE205979COACHELLA VALLEY WATER DI…101-2002-61200
ATTACHMENT 1
Demand Register
91
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10/11/2021 12:48:39 PM Page 2 of 4
AmountVendor Name Payment Number Description (Item)Account Name Account Number
174.35Water -Eisenhower Park - Utilit…09/30/21 - WATER SERVICE205979COACHELLA VALLEY WATER DI…101-3005-61203
2,106.71Water -Fritz Burns Park - Utiliti…09/30/21 - WATER SERVICE205979COACHELLA VALLEY WATER DI…101-3005-61204
393.91Water -Velasco Park - Utilities09/30/21 - WATER SERVICE205979COACHELLA VALLEY WATER DI…101-3005-61205
628.02Water - Utilities09/30/21 - WATER SERVICE205979COACHELLA VALLEY WATER DI…101-3008-61200
40.80PM 10 - Dust Control09/30/21 - WATER SERVICE205979COACHELLA VALLEY WATER DI…101-7006-60146
53.01Gas - Utilities08/19-09/20/21 - FS #32 GAS SVC206000THE GAS COMPANY 101-2002-61100
32.84Gas - Utilities08/19-09/20/21 - CH GAS SVC206000THE GAS COMPANY 101-3008-61100
15.78Gas-Utilities FB Pool08/19-09/20/21 - FB POOL GAS SVC206000THE GAS COMPANY 101-3005-61100
96.44Gas - Utilities08/19-09/20/21 - WC GAS SVC206000THE GAS COMPANY 101-3008-61100
2,222.93ConsultantsQ1/2021 - CONTRACT/AUDIT SALES TAX205987HINDERLITER DE LLAMAS & AS…101-1006-60104
300.00ConsultantsQ1/2021 - TRANSACTION TAX205987HINDERLITER DE LLAMAS & AS…101-1006-60104
257.00HVAC06/28/21 - WC HVAC REPAIRS205984FIRST CHOICE A/C & HEATING …101-3008-60667
Fund 101 - GENERAL FUND Total:110,668.63
Fund: 201 - GAS TAX FUND
822.30Electricity - Utilities09/30/21 - ELECTRICITY SERVICE205988IMPERIAL IRRIGATION DIST 201-7003-61101
Fund 201 - GAS TAX FUND Total:822.30
Fund: 202 - LIBRARY & MUSEUM FUND
7,946.54Electricity - Utilities09/30/21 - ELECTRICITY SERVICE205988IMPERIAL IRRIGATION DIST 202-3004-61101
1,803.93Electricity - Utilities09/30/21 - ELECTRICITY SERVICE205988IMPERIAL IRRIGATION DIST 202-3006-61101
40.65Water - Utilities09/30/21 - WATER SERVICE205979COACHELLA VALLEY WATER DI…202-3004-61200
79.00HVAC08/05/21 - MUSEUM HVAC DIAGNOSTICS205984FIRST CHOICE A/C & HEATING …202-3006-60667
15.78Gas - Utilities08/19-09/20/21 - LIBRARY GAS SVC206000THE GAS COMPANY 202-3004-61100
Fund 202 - LIBRARY & MUSEUM FUND Total:9,885.90
Fund: 215 - LIGHTING & LANDSCAPING FUND
5,278.00SilverRock Way Landscape08/2021 - SRR PERIMETER LS MAINT205990LANDMARK GOLF MANAGEM…215-7004-60143
5,782.22Electric - Utilities09/30/21 - ELECTRICITY SERVICE205988IMPERIAL IRRIGATION DIST 215-7004-61116
3,453.70Electric - Medians - Utilities09/30/21 - ELECTRICITY SERVICE205988IMPERIAL IRRIGATION DIST 215-7004-61117
19,588.87Water - Medians - Utilities09/30/21 - WATER SERVICE205979COACHELLA VALLEY WATER DI…215-7004-61211
Fund 215 - LIGHTING & LANDSCAPING FUND Total:34,102.79
Fund: 235 - SO COAST AIR QUALITY FUND
470.85Electricity - Utilities09/30/21 - ELECTRICITY SERVICE205988IMPERIAL IRRIGATION DIST 235-0000-61101
Fund 235 - SO COAST AIR QUALITY FUND Total:470.85
Fund: 237 - SUCCESSOR AGCY PA 1 ADMIN
200.00Consultants2013 A/B & 2014 BOND DISCLOSURE DISS…206004WILLDAN FINANCIAL SERVICES 237-9001-60104
Fund 237 - SUCCESSOR AGCY PA 1 ADMIN Total:200.00
Fund: 270 - ART IN PUBLIC PLACES FUND
12,237.50APP Maintenance09/2021 - APP MAINTENANCE205997SIGNATURE SCULPTURE 270-0000-60683
Fund 270 - ART IN PUBLIC PLACES FUND Total:12,237.50
Fund: 501 - FACILITY & FLEET REPLACEMENT
3,088.51Building Leases10/2021 - PW TRAILER RENTAL205995PACIFIC MOBILE STRUCTURES, …501-0000-71032
Fund 501 - FACILITY & FLEET REPLACEMENT Total:3,088.51
Fund: 502 - INFORMATION TECHNOLOGY
150.43Cable/Internet - Utilities08/15-09/14/21 - WC INTERNET (8105)206002TIME WARNER CABLE 502-0000-61400
82.07Cable/Internet - Utilities09/12-10/11/21 - CH CABLE (4080)206002TIME WARNER CABLE 502-0000-61400
Fund 502 - INFORMATION TECHNOLOGY Total:232.50
Fund: 601 - SILVERROCK RESORT
259.00Repair & Maintenance04/06/21 - SRR HVAC REPAIRS205984FIRST CHOICE A/C & HEATING …601-0000-60660
79.00Repair & Maintenance05/27/21 - SRR HVAC DIAGNOSTICS205984FIRST CHOICE A/C & HEATING …601-0000-60660
244.00Repair & Maintenance06/04/21 - SRR HVAC REPAIRS205984FIRST CHOICE A/C & HEATING …601-0000-60660
530.50Repair & Maintenance06/08/21 - SRR HVAC MAINTENANCE205984FIRST CHOICE A/C & HEATING …601-0000-60660
570.00Repair & Maintenance05/10/21 - SRR HVAC REPAIRS205984FIRST CHOICE A/C & HEATING …601-0000-60660
Fund 601 - SILVERROCK RESORT Total:1,682.50
Grand Total:173,391.48
92
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10/11/2021 12:48:39 PM Page 3 of 4
Fund Summary
Fund Expense Amount
101 - GENERAL FUND 110,668.63
201 - GAS TAX FUND 822.30
202 - LIBRARY & MUSEUM FUND 9,885.90
215 - LIGHTING & LANDSCAPING FUND 34,102.79
235 - SO COAST AIR QUALITY FUND 470.85
237 - SUCCESSOR AGCY PA 1 ADMIN 200.00
270 - ART IN PUBLIC PLACES FUND 12,237.50
501 - FACILITY & FLEET REPLACEMENT 3,088.51
502 - INFORMATION TECHNOLOGY 232.50
601 - SILVERROCK RESORT 1,682.50
Grand Total:173,391.48
Account Summary
Account Number Account Name Expense Amount
101-1002-60101 Contract Services - Admini…3,500.00
101-1004-50252 Annual Wellness Dollar Re…400.00
101-1006-60104 Consultants 2,522.93
101-1007-60470 Postage 4,000.00
101-2001-60174 Blood/Alcohol Testing 3,255.00
101-2001-60175 Special Enforcement Funds 200.29
101-2001-60176 Sheriff - Other 170.00
101-2001-98140 Facility & Fleet Maintenan…-170.00
101-2002-60691 Maintenance/Services 1,378.00
101-2002-61100 Gas - Utilities 53.01
101-2002-61101 Electricity - Utilities 2,002.42
101-2002-61200 Water - Utilities 972.15
101-2002-61304 Mobile/Cell Phones/Satell…47.52
101-2002-61400 Cable/Internet - Utilities 131.93
101-2002-71031 Vehicles 2,227.36
101-3003-60149 Community Experiences 5,843.34
101-3005-61100 Gas-Utilities FB Pool 15.78
101-3005-61102 Electric - Monticello Park -…13.65
101-3005-61103 Electric - Civic Center Park…3,334.78
101-3005-61105 Electric - Fritz Burns Park -…1,385.82
101-3005-61109 Electric - Community Park …6,179.35
101-3005-61111 Electric - Velasco Park - Uti…14.09
101-3005-61113 Electric - Eisenhower Park …23.39
101-3005-61114 Electric - Desert Pride - Uti…13.36
101-3005-61115 Electric - SilverRock Event…3,589.71
101-3005-61201 Water -Monticello Park - …3,756.62
101-3005-61202 Water - Civic Center Park -…2,749.45
101-3005-61203 Water -Eisenhower Park -…174.35
101-3005-61204 Water -Fritz Burns Park - …2,246.18
101-3005-61205 Water -Velasco Park - Utili…393.91
101-3005-61208 Water -Seasons Park - Util…25.88
101-3005-61209 Water -Community Park -…10,307.99
101-3007-60320 Travel & Training 1,391.97
101-3007-60461 Marketing & Tourism Pro…13,300.00
101-3008-60196 Annual Permits/Inspectio…1,154.64
101-3008-60667 HVAC 7,522.00
101-3008-60691 Maintenance/Services 2,685.00
101-3008-61100 Gas - Utilities 129.28
101-3008-61101 Electricity - Utilities 19,339.75
101-3008-61200 Water - Utilities 709.78
101-6004-60103 Professional Services 563.75
101-6006-60103 Professional Services 2,925.00
101-7006-60146 PM 10 - Dust Control 189.20
201-7003-61101 Electricity - Utilities 822.30
202-3004-61100 Gas - Utilities 15.78
93
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Account Summary
Account Number Account Name Expense Amount
202-3004-61101 Electricity - Utilities 7,946.54
202-3004-61200 Water - Utilities 40.65
202-3006-60667 HVAC 79.00
202-3006-61101 Electricity - Utilities 1,803.93
215-7004-60143 SilverRock Way Landscape 5,278.00
215-7004-61116 Electric - Utilities 5,782.22
215-7004-61117 Electric - Medians - Utiliti…3,453.70
215-7004-61211 Water - Medians - Utilities 19,588.87
235-0000-61101 Electricity - Utilities 470.85
237-9001-60104 Consultants 200.00
270-0000-60683 APP Maintenance 12,237.50
501-0000-71032 Building Leases 3,088.51
502-0000-61400 Cable/Internet - Utilities 232.50
601-0000-60660 Repair & Maintenance 1,682.50
Grand Total:173,391.48
Project Account Summary
Project Account Key Expense AmountProject Account Name Project Name
**None**164,059.39**None****None**
9/11E 90.00September 11 Vigil Expense September 11 Vigil
EARTHE 5,753.34Live From Earth Expenses Live From Earth SRR Concert
STVRE 3,488.75Short Term Vacation Rental Expense Short Term Vacation Rental Tracking
Grand Total:173,391.48
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Demand Register
City of La Quinta Packet: APPKT02938 - 10/08/2021 JB
AmountVendor Name Payment Number Description (Item)Account Name Account Number
Fund: 101 - GENERAL FUND
42.00United Way DeductionsCONTRIBUTION206055UNITED WAY OF THE DESERT 101-0000-20981
840.00Advertising07/23-07/30/21 - MASTER FEE SCHEDULE…206020DESERT SUN PUBLISHING, LLC 101-1005-60450
367.40Advertising07/16/21 - B&C RECRUITMENT206020DESERT SUN PUBLISHING, LLC 101-1005-60450
420.00Advertising07/02/21 - PHN SIGNATURE CONDOS206020DESERT SUN PUBLISHING, LLC 101-6002-60450
420.00Advertising07/23/21 - PHN SIGNATURE CONDOS206020DESERT SUN PUBLISHING, LLC 101-6002-60450
420.00Advertising07/02/21 - PHN VMT UPDATE ADVERTISI…206020DESERT SUN PUBLISHING, LLC 101-6002-60450
53,349.00VGPS - Visit Greater Palm Spri…FY 21/22 Q2 CITY FUNDING206060VISIT GREATER PALM SPRINGS 101-3007-60151
13,160.00Contract Traffic Engineer07/31-08/27/21 - ONCALL TRAFFIC ENGIN…206063WILLDAN 101-7006-60144
114.32Cable/Internet - Utilities09/24-10/23/21 - FS #93 CABLE (2415)206049TIME WARNER CABLE 101-2002-61400
160.00Instructors09/27/21 - TENNIS CLASSES206041ROCKET TENNIS ACADEMY 101-3002-60107
50.00Annual Wellness Dollar Reimb…09/28/21 - ANNUAL WELLNESS DOLLARS …206014CLAYTON JR., DUANE 101-1004-50252
1,350.00Membership Dues09/01/21-08/31/22 - APWA MEMBERSHIP …206008AMERICAN PUBLIC WORKS AS…101-7001-60351
35,000.00MSHCP Mitigation Fee08/2021 - MSCHP FEES206016COACHELLA VALLEY CONSERV…101-0000-20310
-350.00CVMSHCP Admin Fee08/2021 - MSCHP FEES206016COACHELLA VALLEY CONSERV…101-0000-43631
275.00Operating Supplies09/2021 - FITNESS EQUIPMENT MAINTEN…206034PAX FITNESS REPAIR 101-3002-60420
2,750.00Marketing & Tourism Promoti…09/20-10/17/21 - DIGITAL BILLBOARDS206047THE LAMAR COMPANIES 101-3007-60461
152.82Operating Supplies09/08/21 & 09/22/21 - DRINKING WATER206043SPARKLETTS 101-7003-60420
140.79Citywide Supplies09/08/21 & 09/22/21 - CITY WIDE DRINKI…206043SPARKLETTS 101-1007-60403
356.00Consultants/Employee Services09/2021 - EAP SERVICES206061WELLNESS WORKS 101-1004-60104
4,650.00Maintenance/Services09/29/21 - INSTALL HANDRAIL AT SRR EV…206019DESERT CONCEPTS CONSTRUC…101-3008-60691
13,000.00Maintenance/Services10/04/21 - PARKING LOT REPAIRS AT SRR …206019DESERT CONCEPTS CONSTRUC…101-3005-60691
212.76Printing09/21/21 - BREW IN LQ EVENT PRINTED P…206065XPRESS GRAPHICS 101-3007-60410
480.00Maintenance/Services09/30/21 - PLANT REPLACEMENT AT SRR …206058VINTAGE ASSOCIATES 101-3005-60691
600.00Materials/Supplies09/30/21 - PLANT REPLACEMENT FOR 9/1…206058VINTAGE ASSOCIATES 101-3005-60431
177.73Tools/Equipment08/13/21 - CHAIN LOOP GREEN CHAIN206028MOWERS PLUS INC 101-3005-60432
284.41Tools/Equipment09/20/21 - HANDHELD BLOWER206028MOWERS PLUS INC 101-7003-60432
6,870.83Marketing & Tourism Promoti…10/2021 - GEM ADS206045THE CHAMBER 101-3007-60461
557.30Materials/Supplies09/27/21 - ELECTRICAL SUPPLIES206017CONSOLIDATED ELECTRICAL DI…101-3008-60431
53.94Materials/Supplies09/29/21 - LIGHT BULBS (20)206017CONSOLIDATED ELECTRICAL DI…101-3008-60431
210.51Annual Permits/Inspections09/23/21 - WC GEN PERMIT REINSTMT FEE206042SOUTH COAST AIR QUALITY M…101-3008-60196
13.64Annual Permits/InspectionsWC FY 20-21 EMISSIONS LATE FEE REMAIN…206042SOUTH COAST AIR QUALITY M…101-3008-60196
4,145.00Machinery & Equipment08/26-09/22/21 - WC GENERATOR RENTAL206010BRUDVIK 101-2002-80101
405.00Map/Plan Checking09/27/21 - FPM 2021-0002 ON CALL MAP …206038RASA/ERIC NELSON 101-7002-60183
109.61Tools/Equipment09/29/21 - BATTERY CHARGER206009AUTOZONE 101-7003-60432
1,552.56Marketing & Tourism Promoti…09/2021 - RADIO ADS 93.7 KCLB206007ALPHA MEDIA LLC 101-3007-60461
1,552.56Marketing & Tourism Promoti…09/2021 - RADIO ADS MIX 100.5206007ALPHA MEDIA LLC 101-3007-60461
1,166.16Temporary Agency Services09/17/21 - TEMP AGENCY SERVICES M. G…206040ROBERT HALF TECHNOLOGY 101-6006-60125
662.83Temporary Agency Services09/17/21 - TEMP AGENCY SERVICES T.SU…206031OFFICE TEAM 101-6006-60125
1,011.36Temporary Agency Services09/24/21 - TEMP AGENCY SERVICES M.G…206040ROBERT HALF TECHNOLOGY 101-6006-60125
75.00Pest Control09/15/21 - SRR PARK PEST CONTROL206054TRULY NOLEN INC 101-3008-60116
322.66Maintenance/Services9/21/21 - FRITZ BURNS PARK ELECTRICAL …206059VINTAGE E & S INC 101-3005-60691
322.66Maintenance/Services09/21/21 - SPORTS COMPLEX ELECTRICAL …206059VINTAGE E & S INC 101-3005-60691
322.66Maintenance/Services09/17/21 - SRR PAVILLION SERVICE CALL206059VINTAGE E & S INC 101-3008-60691
1,772.15Materials/Supplies09/29/21 - SIGNS206050TOP OF THE LINE SIGNS 101-3005-60431
1,768.00Maintenance/Services09/20/21 - FS #93 GARAGE DOOR REPAIRS206033PATTON DOOR & GATE 101-2002-60691
581.85Materials/Supplies09/16/21 - PLANTS206012CALIFORNIA DESERT NURSERY,…101-3005-60431
1,021.47Materials/Supplies09/17/21 - PLANTS206012CALIFORNIA DESERT NURSERY,…101-3005-60431
1,002.68Security & Alarm08/16/21 - LECTUS READER W/KEYPAD (2)206006ALARM MONITORING SERVICE…101-3008-60123
189.64Materials/Supplies09/15/21 - LANDSCAPE DG206053TRI-STATE MATERIALS INC 101-3005-60431
1,213.65Materials/Supplies09/16/21 - LANDSCAPE DG206053TRI-STATE MATERIALS INC 101-3005-60431
876.68Telephone - Utilities08/26-09/25/21 - LQPD CELL (6852)206057VERIZON WIRELESS 101-2001-61300
1,055.50Materials/Supplies03/20/21 - DOOR FRAMES INSTALLATION206029NEXT LEVEL DOOR & MILLWO…101-3005-60431
7.60Materials/Supplies09/20/21 - KEYS206048THE LOCK SHOP, INC 101-3008-60431
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AmountVendor Name Payment Number Description (Item)Account Name Account Number
568.43Cable/Internet - Utilities09/26-10/25/21 - POLICE INTERNET206023FRONTIER COMMUNICATIONS…101-2002-61400
89.66Cable/Internet - Utilities09/22-10/21/21 - EOC CABLE206021DISH NETWORK 101-2002-61400
38.65Telephone - Utilities09/28/-10/27/21 - SPORT COMPLEX PHO…206023FRONTIER COMMUNICATIONS…101-3005-61300
173.01Mobile/Cell Phones/Satellites09/23-10/22/21 - SATELLITE PHONES206039ROADPOST USA INC.101-2002-61304
100.00Gas - Utilities08/26-09/28/21 - FS #93 GAS SVC206046THE GAS COMPANY 101-2002-61100
Fund 101 - GENERAL FUND Total:158,235.48
Fund: 201 - GAS TAX FUND
161.49Traffic Control Signs09/21/21 - TRAFFIC CONTROL SIGNS206051TOPS' N BARRICADES INC 201-7003-60429
358.55Traffic Control Signs09/24/21 - TRAFFIC CONTROL SIGNS206051TOPS' N BARRICADES INC 201-7003-60429
182.05Traffic Control Signs09/29/21 - TRAFFIC CONTROL SIGNS206051TOPS' N BARRICADES INC 201-7003-60429
85.64Traffic Control Signs09/29/21 - TRAFFIC CONTROL SIGNS206051TOPS' N BARRICADES INC 201-7003-60429
178.62Equipment Rental09/14/21 - EQUIPMENT RENTAL206036QUINN COMPANY 201-7003-61701
37.73Materials/Supplies08/20-09/20/21 - CYLINDER RENTAL206035PRAXAIR INC 201-7003-60431
Fund 201 - GAS TAX FUND Total:1,004.08
Fund: 202 - LIBRARY & MUSEUM FUND
957.15HVAC09/02/21 - LIBRARY HVAC REPAIRS206032PACIFIC WEST AIR CONDITION…202-3004-60667
125.49Telephone - Utilities09/13-10/12/21 - MUSEUM PHONE206023FRONTIER COMMUNICATIONS…202-3006-61300
Fund 202 - LIBRARY & MUSEUM FUND Total:1,082.64
Fund: 215 - LIGHTING & LANDSCAPING FUND
3,938.99Administration10/2021-12/2021 - LANDSCAPE & LIGHTI…206064WILLDAN FINANCIAL SERVICES 215-7004-60102
2,819.66Maintenance/Services07/2020-06/2021 - LANDSCAPED SHARED…206013CITY OF PALM DESERT 215-7004-60691
Fund 215 - LIGHTING & LANDSCAPING FUND Total:6,758.65
Fund: 224 - TUMF FUND
73,514.70TUMF Payable to CVAG08/2021 - TUMF FEES206015COACHELLA VALLEY ASSOC OF…224-0000-20320
Fund 224 - TUMF FUND Total:73,514.70
Fund: 241 - HOUSING AUTHORITY
6,100.00Professional Services09/2021 - HOUSING CONSULTANT SERVIC…206011CAHA, BECKY 241-9101-60103
Fund 241 - HOUSING AUTHORITY Total:6,100.00
Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS
1,652.20Construction07/02-07/09/21 - 2017-04 BID AD206020DESERT SUN PUBLISHING, LLC 401-0000-60188
4,707.50Design07/2021 - SRR PHASE 2 INFRASTRUCTURE …206027MICHAEL BAKER INTERNATIO…401-0000-60185
1,476.00Design08/2021 - SRR PHASE 2 INFRASTRUCTURE …206027MICHAEL BAKER INTERNATIO…401-0000-60185
19,315.75Design06/2021 - HWY 111 PLANNING/ENGINEER…206025GHD INC.401-0000-60185
2,263.58Construction08/2021 - ONCALL TRAFFIC SIGNAL MAIN…206044ST. FRANCIS ELECTRIC, LLC 401-0000-60188
2,244.25Design08/2021 - SRR RETENTION BASIN SOIL STA…206026HERMANN DESIGN GROUP INC 401-0000-60185
2,556.25Design08/2021 - X-PARK LANDSCAPE ARCHITECT…206026HERMANN DESIGN GROUP INC 401-0000-60185
8,127.54Construction09/29/21 - PEDESTRAIN PUSH BUTTIONS (…206062WESTERN PACIFIC SIGNAL LLC 401-0000-60188
-2,415.00Retention Payable08/19/21 - 2019-07 RETENTION PAYMENT…206037R DEPENDABLE CONST INC 401-0000-20600
48,300.00Construction08/19/21 - 2019-07 PROGRESS PAYMENT …206037R DEPENDABLE CONST INC 401-0000-60188
2,992.65Construction07/2020-06/2021 - TRAFFIC SIGNAL SHAR…206013CITY OF PALM DESERT 401-0000-60188
5,117.34Design06/27-07/31/21 - 2016-03 TOPAZ STREET…206018DAVID EVANS AND ASSOCIATE…401-0000-60185
219,972.35Retention Payable07/30/21 - 2016-08 PARTIAL RETENTION …206056URBAN HABITAT 401-0000-20600
4,706.38Construction09/17/21 - SPARE CABINET PARTS206022ECONOLITE CONTROL PRODU…401-0000-60188
297.53Construction09/23/21 - SOLAR CROSSWALK BATTERIES206030NEXTECH SYSTEMS, INC.401-0000-60188
Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total:321,314.32
Fund: 501 - FACILITY & FLEET REPLACEMENT
3,961.72Fuel & Oil08/01-08/15/21 - FUEL206052TOWER ENERGY GROUP 501-0000-60674
4,269.94Fuel & Oil09/01-09/15/21 - FUEL206052TOWER ENERGY GROUP 501-0000-60674
30.92Parts & Maintenance Supplies09/20/21 - ENGINE COOLANT FLUID206036QUINN COMPANY 501-0000-60675
48.01Parts & Maintenance Supplies09/20/21 - AIR FILTER206036QUINN COMPANY 501-0000-60675
Fund 501 - FACILITY & FLEET REPLACEMENT Total:8,310.59
Fund: 502 - INFORMATION TECHNOLOGY
8.87Cable/Internet - Utilities09/20-10/19/21 - WC CABLE (1909)206049TIME WARNER CABLE 502-0000-61400
267.78Cable/Internet - Utilities09/24-10/23/21 - WC CABLE (4601)206049TIME WARNER CABLE 502-0000-61400
85.98Cable/Internet - Utilities09/25-10/24/21 - CH INTERNET206023FRONTIER COMMUNICATIONS…502-0000-61400
75.98Cable/Internet - Utilities09/27-10/26/21 - BLACKHAWK/LQ PARK D…206023FRONTIER COMMUNICATIONS…502-0000-61400
96
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AmountVendor Name Payment Number Description (Item)Account Name Account Number
108.75Cable/Internet - Utilities09/26-10/25/21 - C.H DSL206023FRONTIER COMMUNICATIONS…502-0000-61400
Fund 502 - INFORMATION TECHNOLOGY Total:547.36
Fund: 601 - SILVERROCK RESORT
648.65Bank Fees10/2021 - SRR ARMORED SVC206024GARDAWORLD 601-0000-60455
Fund 601 - SILVERROCK RESORT Total:648.65
Grand Total:577,516.47
97
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Fund Summary
Fund Expense Amount
101 - GENERAL FUND 158,235.48
201 - GAS TAX FUND 1,004.08
202 - LIBRARY & MUSEUM FUND 1,082.64
215 - LIGHTING & LANDSCAPING FUND 6,758.65
224 - TUMF FUND 73,514.70
241 - HOUSING AUTHORITY 6,100.00
401 - CAPITAL IMPROVEMENT PROGRAMS 321,314.32
501 - FACILITY & FLEET REPLACEMENT 8,310.59
502 - INFORMATION TECHNOLOGY 547.36
601 - SILVERROCK RESORT 648.65
Grand Total:577,516.47
Account Summary
Account Number Account Name Expense Amount
101-0000-20310 MSHCP Mitigation Fee 35,000.00
101-0000-20981 United Way Deductions 42.00
101-0000-43631 CVMSHCP Admin Fee -350.00
101-1004-50252 Annual Wellness Dollar Re…50.00
101-1004-60104 Consultants/Employee Se…356.00
101-1005-60450 Advertising 1,207.40
101-1007-60403 Citywide Supplies 140.79
101-2001-61300 Telephone - Utilities 876.68
101-2002-60691 Maintenance/Services 1,768.00
101-2002-61100 Gas - Utilities 100.00
101-2002-61304 Mobile/Cell Phones/Satell…173.01
101-2002-61400 Cable/Internet - Utilities 772.41
101-2002-80101 Machinery & Equipment 4,145.00
101-3002-60107 Instructors 160.00
101-3002-60420 Operating Supplies 275.00
101-3005-60431 Materials/Supplies 6,434.26
101-3005-60432 Tools/Equipment 177.73
101-3005-60691 Maintenance/Services 14,125.32
101-3005-61300 Telephone - Utilities 38.65
101-3007-60151 VGPS - Visit Greater Palm …53,349.00
101-3007-60410 Printing 212.76
101-3007-60461 Marketing & Tourism Pro…12,725.95
101-3008-60116 Pest Control 75.00
101-3008-60123 Security & Alarm 1,002.68
101-3008-60196 Annual Permits/Inspectio…224.15
101-3008-60431 Materials/Supplies 618.84
101-3008-60691 Maintenance/Services 4,972.66
101-6002-60450 Advertising 1,260.00
101-6006-60125 Temporary Agency Servic…2,840.35
101-7001-60351 Membership Dues 1,350.00
101-7002-60183 Map/Plan Checking 405.00
101-7003-60420 Operating Supplies 152.82
101-7003-60432 Tools/Equipment 394.02
101-7006-60144 Contract Traffic Engineer 13,160.00
201-7003-60429 Traffic Control Signs 787.73
201-7003-60431 Materials/Supplies 37.73
201-7003-61701 Equipment Rental 178.62
202-3004-60667 HVAC 957.15
202-3006-61300 Telephone - Utilities 125.49
215-7004-60102 Administration 3,938.99
215-7004-60691 Maintenance/Services 2,819.66
224-0000-20320 TUMF Payable to CVAG 73,514.70
241-9101-60103 Professional Services 6,100.00
401-0000-20600 Retention Payable 217,557.35
401-0000-60185 Design 35,417.09
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Account Summary
Account Number Account Name Expense Amount
401-0000-60188 Construction 68,339.88
501-0000-60674 Fuel & Oil 8,231.66
501-0000-60675 Parts & Maintenance Supp…78.93
502-0000-61400 Cable/Internet - Utilities 547.36
601-0000-60455 Bank Fees 648.65
Grand Total:577,516.47
Project Account Summary
Project Account Key Expense AmountProject Account Name Project Name
**None**254,909.39**None****None**
201603D 7,673.59Design Expense La Quinta Landscape Renovation Improvement
201608RP 219,972.35Retention Payable SilverRock Event Space
201704CT 1,652.20Construction Expense Eisenhower Retention Basin Landscape Improvements
201709D 6,183.50Design Expense Ave 53 Jefferson St.Roundabout
201905D 19,315.75Design Expense Highway 111 Corridor Area Plan Implementation
201907CT 48,300.00Construction Expense Fire Station 70 Revitalization
201907RP -2,415.00Retention Payable Fire Station 70 Revitalization
202007D 2,244.25Design Expense SilverRock Retention Basin Soil Stabilization
2122TMICT 18,387.68Construction Expense FY21/22 Traffic Maintenance Improvements
9/11E 600.00September 11 Vigil Expense September 11 Vigil
BREWE 212.76Brew in LQ Expense Brew in La Quinta
EARTHE 480.00Live From Earth Expenses Live From Earth SRR Concert
Grand Total:577,516.47
99
100
City of La Quinta
Bank Transactions 09/27 – 10/8/2021
Wire Transaction
Listed below are the wire transfers from 09/27 – 10/8/2021.
Wire Transfers:
10/1/2021 - WIRE TRANSFER - EXPERT PAY $138.46
10/1/2021 - WIRE TRANSFER - CALPERS $313.43
10/1/2021 - WIRE TRANSFER - CALPERS $4,712.26
10/1/2021 - WIRE TRANSFER - CALPERS $14,703.45
10/1/2021 - WIRE TRANSFER - CALPERS $21,144.52
10/4/2021 - WIRE TRANSFER - LQCEA $450.00
10/4/2021 - WIRE TRANSFER - ICMA $4,753.73
10/7/2021 - WIRE TRANSFER - AMERICAN FIDELITY $3,765.19
10/7/2021 - WIRE TRANSFER - CALPERS $121,326.57
10/8/2021 - WIRE TRANSFER - AMERICAN FIDELITY $1,545.52
10/8/2021 - WIRE TRANSFER - LANDMARK $175,755.82
TOTAL WIRE TRANSFERS OUT $348,608.95
ATTACHMENT 2
101
102
City of La Quinta
Purchase Orders 07/1/21 – 09/30/21
Purchase Orders
Listed below are Purchase Orders issued from 07/1/21 – 09/30/21 with a value
between $25,000 and $50,000 for City Council’s review.
Vendor P.O Number Amount
Ark Connects LLC 2122-0001 48,000.00$ FY 21/22 City Wide Graphic
Design Services
Locale Magazine 2122-0010 40,000.00$ FY 21/22 Regional Print Publications
Deckard Technologies, Inc 2122-0015 30,000.00$ FY 21/22 STVR Tracking Services
Platform
Modern Luxury 2122-0020 25,100.00$ FY 21/22 Regional Print Publications
The Lamar Companies 2122-0032 28,600.00$ Airport Digital Display Ads
Alpha Media LLC 2122-0036 36,000.00$ FY 21/22 Local FM Radio Ads
Palms to Pines Printing 2122-0043 49,000.00$ City Wide Promotional Products
California Consulting, Inc 2122-0052 25,000.00$ FY 21/22 Grant Writing Services
DDL Traffic, Inc 2122-0058 26,769.90$ BBS and EVP Equipment Purchase
Pacific West Air Conditioning 2122-0063 28,959.00$ Library A/C Replacement
Quinn Company 2122-0077 42,335.14$ New Caterpiller Paving Machine
The Lamar Companies 2122-0085 25,000.00$ Digital Billboard Ads
Desert Electric Supply 2122-0088 28,162.69$ 27 Light Bollards for LQ Park
LH Productions 2122-0097 36,874.53$ Audio and Visual Services for
FY 21/22 Event Lineup
Purpose
ATTACHMENT 3
103
104
City of La Quinta
CITY COUNCIL MEETING: October 19, 2021
STAFF REPORT
AGENDA TITLE: INTERVIEW AND APPOINT RESIDENTS TO FILL VACANCIES
ON THE FINANCIAL ADVISORY COMMISSION AND THE COACHELLA VALLEY
MOSQUITO AND VECTOR CONTROL DISTRICT’S BOARD OF TRUSTEES
RECOMMENDATION
1)Appoint a resident to serve on the Financial Advisory Commission for an
unexpired term ending June 30, 2023.
2)Appoint a resident to serve as the City’s representative on the Coachella
Valley Mosquito and Vector Control District’s Board of Trustees for an
unexpired term ending December 31, 2021 and a full four-year term from
January 1, 2022 through December 31, 2025.
EXECUTIVE SUMMARY
The City has established advisory and regional boards, commissions, and
committees, which require public participation and membership.
Currently there is one vacancy on the Financial Advisory Commission
(FAC) and one on the Coachella Valley Mosquito and Vector Control
District’s Board of Trustees (CVMVCD).
Staff recommends Council interview the candidates and consider
appointing residents to serve on the FAC and the CVMVCD by ballot.
FISCAL IMPACT
FAC Commissioners receive a stipend of $75 per meeting. Funds are available
in the 2021/22 budget (Account No. 101-1006-50110, Commissions &
Boards).
BUSINESS SESSION ITEM NO. 1
105
BACKGROUND/ANALYSIS
The City established boards and commissions to facilitate broader participation
in the City governance, to solicit a broad range of opinions on City issues, and
to introduce citizens to the municipal government process.
A Financial Advisory Commissioner who held an unexpired seat ending June 30,
2023, resigned on July 1, 2021 due to relocating out of the City.
The FAC serves as a resource for the City Treasurer on matters such as use
of financial institutions, custodians, brokers and dealers; review monthly
treasury reports and notes compliance with the City’s investment policy and
adequacy of cash and investments for anticipated obligations; meet with the
independent auditor after completion of the annual audit of the City's financial
statements, and receives and considers the auditor's comments on auditing
procedures, internal controls, and findings for cash and investment activities;
and annually review the revenue derived from the one percent (1%)
Transactions and Use Tax (Measure G) instituted by voters in November 2016
to ensure these funds are used to provide services, programs and capital
projects in the City.
Council also appoints a resident representative to serve on a number of
outside regional agencies’ boards, commissions, and committees, to attend
the meetings, represent the City, and report back to Council.
The CVMVCD is a non-enterprise special district operating under California
Health and Safety Code. It is accountable to the residents of the Coachella
Valley and charged with protecting public health through the control of vectors
and vector-borne diseases. The 11-member Board of Trustees (Board) is
comprised of officials appointed by their respective city councils. The
qualifications of Trustees is governed by State Code and requires appointees
to have "experience, training, and education in fields that will assist them in
the governance" of the District.
The City’s representative on the CVMVCD was appointed to serve on the
Planning Commission effective July 1, 2021, creating a vacancy on the
CVMVCD for the remainder of the unexpired term ending December 31, 2021.
In July 2021, the vacancies were advertised on the City’s website, social media
platforms, staff notified interested applicants who previously applied but were
not seated; and published in the Desert Sun Newspaper on July 16.
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The City received the following applications:
FAC – Shelley Mast
CVMVCD – Richard Gray
Since the CVMVCD is a regional agency and not a City established board,
Council may elect to appoint a member of the City Council to serve on the
Board by majority vote.
ALTERNATIVES
Council may decide not to fill the vacancies, re-advertise, and set another date
for interviews and appointments.
Prepared by: Laurie McGinley, Management Assistant
Approved by: Monika Radeva, City Clerk
Attachments: 1. FAC Application
2. CVMVCD Application
3. Ballots
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City of La Quinta
CITY COUNCIL MEETING: October 19, 2021
STAFF REPORT
AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH
ACTION PARK ALLIANCE INC. FOR X PARK MANAGEMENT AND MAINTENANCE
SERVICES AND APPROPRIATE ADDITIONAL FUNDING
RECOMMENDATION
Approve Agreement for Contract Services with Action Park Alliance Inc. for X
Park management and maintenance; and authorize the City Manager to
execute the agreement.
EXECUTIVE SUMMARY
•The City issued a Request for Proposals (RFP) for skatepark
management and maintenance services on August 6, 2021; two
proposals were submitted.
•Staff reviewed the proposals and interviewed both candidates to assess
experience and qualifications.
•Action Park Alliance Inc. (APA) was selected based on their extensive
skatepark operation experience.
•Staff recommends approval of the Agreement for Contract Services
(Agreement) (Attachment 1).
FISCAL IMPACT
The cost for management and maintenance services would be $285,390 per
year. For the current fiscal year, the cost would be $166,478 for 7 months of
operation. The City has membership and user fees at the Wellness Center,
sports fields, Fritz Burns Pool, and the Creation Station. Should the Council
incorporate a charge for service, APA anticipates $25,000 in annual revenue,
reducing the cost to $260,390. The X Park Programming account has a current
budget of $150,000 available in account number 101-3003-60190. If
approved, a budget adjustment of $20,000 would increase funding to
$170,000.
BUSINESS SESSION ITEM NO. 2
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BACKGROUND/ANALYSIS
The La Quinta X Park is scheduled for completion in December 2021. The
3,600 square foot facility is the largest skatepark in the Coachella Valley and
features two bowls, a pump track, pro shop, and spectating areas. Due to the
size of the skatepark, there was consensus that the facility should be
maintained and supervised by an outside contractor who specializes in
operating skateparks.
An RFP for skatepark management and maintenance services was posted on
the City website on August 6, 2021. Two proposals were received and
reviewed by a selection committee; Action Park Alliance Inc. (APA) and King’s
Ride Shop. APA was selected based on their qualifications and experience in
operating large skateparks.
As operator of the X Park, APA is responsible for overseeing day-to-day
operations as well as programming including lessons, skate camps,
demonstrations, and events.
Staff is recommending a contract of $285,390 which includes day-to-day
management of the X Park and pro shop as well as coordination of clinics,
skate camps, and events throughout the year. Pro shop capabilities include
equipment rentals and repairs in addition to merchandise sales such as shoes,
skateboards, wheels, and apparel. The contract includes execution of
signature X Park events including the Grand Opening Skate & BMX Contest, El
Gato Classic, and WCMX World Championship, which will potentially draw
thousands of visitors and gain national attention. Contracted services also
utilize APA’s signature wavier and POS system to deliver detailed reports
regarding park usage. The recommended contract reflects the following hours
of operation and staffing levels:
Monday – Tuesday, (Closed)
Wednesday – Friday Noon-2pm, (2 staff)
Wednesday – Friday 2pm-9pm, (3 staff)
Saturday – Sunday 9am-Noon, (2 staff)
Saturday – Sunday Noon-9pm (3 staff)
Additional contract options exploring greater hours of operation were reviewed
by staff and APA. At this time, Staff’s goal is to bring the facility online, analyze
demand and user feedback, and based on that information present Council
with service options through the next fiscal year budget process. The contract
options include an initial two year term, November 1, 2021 through June 30,
2023, with an option of a one-year extension that may be reviewed each fiscal
year based on the contractor’s satisfactory performance.
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ALTERNATIVES
Council may elect to modify or not approve this Agreement with APA and direct
staff to re-publish an X Park Management and Maintenance Services RFP.
Prepared by: Michael Calderon, Community Resources Analyst
Approved by: Chris Escobedo, Community Resources Director
Attachment: 1. Agreement for Contract Services
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AGREEMENT FOR CONTRACT SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (the “Agreement”) is made
and entered into by and between the CITY OF LA QUINTA, (“City”), a California
municipal corporation, and Action Park Alliance Inc., a California Corporation
(“Contracting Party”). The parties hereto agree as follows:
1.SERVICES OF CONTRACTING PARTY.
1.1 Scope of Services. In compliance with all terms and conditions of
this Agreement, Contracting Party shall provide those services related X Park
management and maintenance 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
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assessments, taxes, penalties, or interest levied, assessed, or imposed
against City hereunder. Contracting Party shall be responsible for all
subcontractors’ compliance with this Section.
1.5 Familiarity with Work. By executing this Agreement, Contracting
Party warrants that (a) it has thoroughly investigated and considered the
Services to be performed, (b) it has investigated the site where the Services
are to be performed, if any, and fully acquainted itself with the conditions
there existing, (c) it has carefully considered how the Services should be
performed, and (d) it fully understands the facilities, difficulties, and
restrictions attending performance of the Services under this Agreement.
Should Contracting Party discover any latent or unknown conditions materially
differing from those inherent in the Services or as represented by City,
Contracting Party shall immediately inform City of such fact and shall not
proceed except at Contracting Party’s risk until written instructions are
received from the Contract Officer, or assigned designee (as defined in
Section 4.2 hereof).
1.6 Standard of Care. Contracting Party acknowledges and
understands that the Services contracted for under this Agreement require
specialized skills and abilities and that, consistent with this understanding,
Contracting Party’s work will be held to an industry standard of quality and
workmanship. Consistent with Section 1.5 hereinabove, Contracting Party
represents to City that it holds the necessary skills and abilities to satisfy the
industry standard of quality as set forth in this Agreement. Contracting Party
shall adopt reasonable methods during the life of this Agreement to furnish
continuous protection to the Services performed by Contracting Party, and the
equipment, materials, papers, and other components thereof to prevent losses
or damages, and shall be responsible for all such damages, to persons or
property, until acceptance of the Services by City, except such losses or
damages as may be caused by City’s own negligence. The performance of
Services by Contracting Party shall not relieve Contracting Party from any
obligation to correct any incomplete, inaccurate, or defective work at no
further cost to City, when such inaccuracies are due to the negligence of
Contracting Party.
1.7 Additional Services. In accordance with the terms and conditions
of this Agreement, Contracting Party shall perform services in addition to
those specified in the Scope of Services (“Additional Services”) only when
directed to do so by the Contract Officer, or assigned designee, provided
that Contracting Party shall not be required to perform any Additional Services
without compensation. Contracting Party shall not perform any Additional
Services until receiving prior written authorization (in the form of a written
change order if Contracting Party is a contractor performing the Services) from
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the Contract Officer, or assigned designee, incorporating therein any
adjustment in (i) the Contract Sum, and/or (ii) the time to perform this
Agreement, which said adjustments are subject to the written approval of
Contracting Party. It is expressly understood by Contracting Party that the
provisions of this Section shall not apply to the Services specifically set forth
in the Scope of Services or reasonably contemplated therein. It is specifically
understood and agreed that oral requests and/or approvals of Additional
Services shall be barred and are unenforceable. Failure of Contracting Party
to secure the Contract Officer’s, or assigned designee’s written authorization
for Additional Services shall constitute a waiver of any and all right to
adjustment of the Contract Sum or time to perform this Agreement, whether
by way of compensation, restitution, quantum meruit, or the like, for
Additional Services provided without the appropriate authorization from the
Contract Officer, or assigned designee. Compensation for properly
authorized Additional Services shall be made in accordance with Section 2.3
of this Agreement.
1.8 Special Requirements. Additional terms and conditions of this
Agreement, if any, which are made a part hereof are set forth in “Exhibit D”
(the “Special Requirements”), which is incorporated herein by this reference
and expressly made a part hereof. In the event of a conflict between the
provisions of the Special Requirements and any other provisions of this
Agreement, the provisions of the Special Requirements shall govern.
2. COMPENSATION.
2.1 Contract Sum. For the Services rendered pursuant to this
Agreement, Contracting Party shall be compensated in accordance with
“Exhibit B” (the “Schedule of Compensation”) in a total amount not to exceed
Two Hundred Eighty Five Thousand Three Hundred Ninety Dollars
($285,390.00) 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, or
pursuant to an agreed upon monthly or quarterly schedule, payment in
accordance with the percentage of completion of the Services, payment for
time and materials based upon Contracting Party’s rate schedulebut 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
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when and if specified in the Schedule of Compensation. Regardless of the
method of compensation set forth in the Schedule of Compensation,
Contracting Party’s overall compensation shall not exceed the Contract Sum,
except as provided in Section 1.7 of this Agreement.
2.2 Method of Billing & Payment. Any month in which Contracting
Party wishes to receive payment, Contracting Party shall submit to City no
later than the tenth (10th) working day of such month, in the form approved
by City’s Finance Director, an invoice for Services rendered prior to the date
of the invoice. The Contract Sum shall be paid to Contracting Party in
installment payments made in accordance with the amount identified in
Contracting Party’s Schedule of Compensation (Exhibit B) for work performed
and properly invoiced by Contracting Party. 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
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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 November 1, 2021, and terminate on June 30, 2023 (“Initial Term”). This
Agreement may be extended for one (1) additional year(s) upon mutual
agreement by both parties (“Extended Term”), and executed in writing.
4. COORDINATION OF WORK.
4.1 Representative of Contracting Party. The following principals of
Contracting Party (“Principals”) are hereby designated as being the principals
and representatives of Contracting Party authorized to act in its behalf with
respect to the Services specified herein and make all decisions in connection
therewith:
(a) Mark Laue, Executive Director
Tel No. 951-634-6537
E-mail: mark@actionparkalliance.com
(b) Kirsten Dermer, CEO
Tel No. 626-330-5803
Email: kirsten@actionparkalliance.com
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It is expressly understood that the experience, knowledge,
capability, and reputation of the foregoing Principals were a substantial
inducement for City to enter into this Agreement. Therefore, the
foregoing Principals shall be responsible during the term of this
Agreement for directing all activities of Contracting Party and devoting
sufficient time to personally supervise the Services hereunder. For
purposes of this Agreement, the foregoing Principals may not be changed
by Contracting Party and no other personnel may be assigned to perform
the Services required hereunder without the express written approval of
City.
4.2 Contract Officer. The “Contract Officer”, otherwise known as
Chris Escobedo, Community Resources 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,
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except as otherwise set forth herein. City shall have no voice in the selection,
discharge, supervision, or control of Contracting Party’s employees, servants,
representatives, or agents, or in fixing their number or hours of service.
Contracting Party shall perform all Services required herein as an independent
contractor of City and shall remain at all times as to City a wholly independent
contractor with only such obligations as are consistent with that role.
Contracting Party shall not at any time or in any manner represent that it or
any of its agents or employees are agents or employees of City. City shall not
in any way or for any purpose become or be deemed to be a partner of
Contracting Party in its business or otherwise or a joint venture or a member
of any joint enterprise with Contracting Party. Contracting Party shall have
no power to incur any debt, obligation, or liability on behalf of City.
Contracting Party shall not at any time or in any manner represent that it or
any of its agents or employees are agents or employees of City. Except for
the Contract Sum paid to Contracting Party as provided in this Agreement,
City shall not pay salaries, wages, or other compensation to Contracting Party
for performing the Services hereunder for City. City shall not be liable for
compensation or indemnification to Contracting Party for injury or sickness
arising out of performing the Services hereunder. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the
contrary, Contracting Party and any of its employees, agents, and
subcontractors providing services under this Agreement shall not qualify for
or become entitled to any compensation, benefit, or any incident of
employment by City, including but not limited to eligibility to enroll in the
California Public Employees Retirement System (“PERS”) as an employee of
City and entitlement to any contribution to be paid by City for employer
contributions and/or employee contributions for PERS benefits. Contracting
Party agrees to pay all required taxes on amounts paid to Contracting Party
under this Agreement, and to indemnify and hold City harmless from any and
all taxes, assessments, penalties, and interest asserted against City by reason
of the independent contractor relationship created by this Agreement.
Contracting Party shall fully comply with the workers’ compensation laws
regarding Contracting Party and Contracting Party’s employees. Contracting
Party further agrees to indemnify and hold City harmless from any failure of
Contracting Party to comply with applicable workers’ compensation laws. City
shall have the right to offset against the amount of any payment due to
Contracting Party under this Agreement any amount due to City from
Contracting Party as a result of Contracting Party’s failure to promptly pay to
City any reimbursement or indemnification arising under this Section.
4.5 Identity of Persons Performing Work. Contracting Party
represents that it employs or will employ at its own expense all personnel
required for the satisfactory performance of any and all of the Services set
forth herein. Contracting Party represents that the Services required herein
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will be performed by Contracting Party or under its direct supervision, and
that all personnel engaged in such work shall be fully qualified and shall be
authorized and permitted under applicable State and local law to perform such
tasks and services.
4.6 City Cooperation. City shall provide Contracting Party with any
plans, publications, reports, statistics, records, or other data or information
pertinent to the Services to be performed hereunder which are reasonably
available to Contracting Party only from or through action by City.
5. INSURANCE.
5.1 Insurance. Prior to the beginning of any Services under this
Agreement and throughout the duration of the term of this Agreement,
Contracting Party shall procure and maintain, at its sole cost and expense,
and submit concurrently with its execution of this Agreement, policies of
insurance as set forth in “Exhibit E” (the “Insurance Requirements”) which is
incorporated herein by this reference and expressly made a part hereof.
5.2 Proof of Insurance. Contracting Party shall provide Certificate of
Insurance to Agency along with all required endorsements. Certificate of
Insurance and endorsements must be approved by Agency’s Risk Manager
prior to commencement of performance.
6. INDEMNIFICATION.
6.1 Indemnification. To the fullest extent permitted by law,
Contracting Party shall indemnify, protect, defend (with counsel selected by
City), and hold harmless City and any and all of its officers, employees,
agents, and volunteers as set forth in “Exhibit F” (“Indemnification”) which is
incorporated herein by this reference and expressly made a part hereof.
7. RECORDS AND REPORTS.
7.1 Reports. Contracting Party shall periodically prepare and submit
to the Contract Officer, or assigned designee, such reports concerning
Contracting Party’s performance of the Services required by this Agreement
as the Contract Officer, or assigned designee, shall require.
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
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Services. Any and all such Books and Records shall be maintained in
accordance with generally accepted accounting principles or similar industry
accepted standards and shall be complete and detailed. Upon giving the
Contracting Party no less than 72 hours’ prior notice, 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 upon giving the
Contracting Party no less than 72 hours’ prior notice. 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. In addition to the foregoing, contracting
party shall retain all its rights in its personal and intangible property, including
as outlined in Government Code Section 6254.15. 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 that are delivered to the City, or intended to
be delivered to the City for the City’s use (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. Provided, however, any item that Contracting Party
creates, develops, modifies, for its internal or proprietary use, that
Contracting Party reasonably determines is proprietary or confidential, shall
remain Contracting Party’s sole property without any further action by
Contracting Party. By way of example only, the following items are
understood to remain Contracting Party’s property: operation manuals,
company email and communications, strategic plans, internal analysis,
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contracts with third parties, social media pages, advertisements, budgets,
planning documents, and employee files. 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 Par ty, 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. In addition to the foregoing,
contracting party shall retain all its rights in its personal and intangible
property as outlined in Government Code Section 6254.15. Furthermore, 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
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disclose to any other entity or person any information regarding the activities
of City, except as required by law or as authorized by City.
7.7 Confidential or Personal Identifying Information. Contracting
Party covenants that all City data, data lists, trade secrets, documents with
personal identifying information, documents that are not public records, draft
documents, discussion notes, or other information, if any, developed or
received by Contracting Party or provided for performance of this Agreement
are deemed confidential and shall not be disclosed by Contracting Party to any
person or entity without prior written authorization by City or unless required
by law. City shall grant authorization for disclosure if required by any lawful
administrative or legal proceeding, court order, or similar directive with the
force of law. All City data, data lists, trade secrets, documents with personal
identifying information, documents that are not public records, draft
documents, discussions, or other information shall be returned to City upon
the termination or expiration of this Agreement. Contracting Party’s covenant
under this section shall survive the termination or expiration of this
Agreement.
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
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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 [Reserved]
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
(120) 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, or, in Contracting Party’s discretion, such time that
is necessary to safely and effectively wind up operations, remove its
property, and turn over operations on the first day of the next calendar
month. 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.
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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
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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: Chris Escobedo
78495 Calle Tampico
La Quinta, California 92253
To Contracting Party:
ACTION PARK ALLIANCE INC.
Mark Laue
6824 S. Centinela Ave.
Los Angeles, California 90230
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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
effective at the time City renders final payment to Contracting Party without
further acknowledgment of the parties.
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10.9 No Third-Party Beneficiaries. With the exception of the specific
provisions set forth in this Agreement, there are no intended third-party
beneficiaries under this Agreement and no such other third parties shall have
any rights or obligations hereunder.
10.10 Authority. The persons executing this Agreement on behalf of
each of the parties hereto represent and warrant that (i) such party is duly
organized and existing, (ii) they are duly authorized to execute and deliver
this Agreement on behalf of said party, (iii) by so executing this Agreement,
such party is formally bound to the provisions of this Agreement, and (iv) that
entering into this Agreement does not violate any provision of any other
Agreement to which said party is bound. This Agreement shall be binding
upon the heirs, executors, administrators, successors, and assigns of the
parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of
the dates stated below.
CITY OF LA QUINTA,
a California Municipal Corporation
JON MCMILLEN, City Manager
City of La Quinta, California
Dated:
ACTION PARK ALLIANCE INC.:
A California Corporation
KIRSTEN DERMER
CEO
Dated: ______________________
ATTEST:
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
10/14/21
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Exhibit A
Page 1 of 8
Exhibit A
Scope of Services
Contracting party agrees to operate, manage, maintain, and supervise the
La Quinta X Park facilities which includes the skate park, pro
shop/concession building, and restrooms (Facilities).
La Quinta X Park Hours of Operation and Staffing:
Monday – Tuesday: CLOSED
Wednesday – Friday - 12:00pm-2:00pm - Two (2) staff
Wednesday – Friday - 2:00pm-9:00pm - Three (3) staff
Saturday - Sunday - 9:00am-12:00pm – Two (2) staff
Saturday – Sunday – 12:00pm- 9:00pm- Three (3) staff
Observed Holiday Schedule:
The X Park will be closed on Christmas Day, Thanksgiving, and Easter.
Membership and Entry Fees:
Resident daily use fee: TBD
Resident annual membership fee: TBD
Non-resident daily use fee: TBD
Non-resident annual membership fee: TBD
APA shall collect and retain 100% of the fees collected from membership
fees, daily use fees, concession sales, and pro-shop sales.
Programming:
Camps: Four 5-day camps per year, maximum 30 participants per session
Lessons & Clinics: Scheduled throughout the year TBD
Special Events: Grand Opening, Christmas Skate Camp, WCMX World
Championship, etc., TBD
APA shall collect and retain 100% of revenue generated by special events.
Action Park Alliance Responsibilities
Staffing and Security
•The park will be staffed with a minimum of 2 qualified employees
over the age of eighteen, at all times.
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Exhibit A
Page 2 of 8
•Additional staff members will be on duty for each session or activity
where additional participants require it. A minimum of one staff
person per 35 participants will be on duty at all times.
•CPR Training—all of our employees are CPR and First-Aid certified.
•If there are union or prevailing wage requirements, costs may
increase.
•APA shall provide adequate security measures (video monitoring,
alarm system, etc.), meeting APA’s guidelines.
Maintenance of skatepark
•Action Park Alliance will conduct daily park inspections; any
significant findings, especially those that may present warranty
issues, will be promptly reported to La Quinta for further action.
•Examples of maintenance that will be performed by APA are minor
painting, trash removal, graffiti removal from within the fenced
skatepark, and minor concrete patching (if not under warranty).
•All structural, major, or warranty work needed will be reported to La
Quinta, who will be responsible for completing the repairs or filing
warranty claims with the builder.
•APA will facilitate and coordinate any necessary warranty filings and
procedures.
Maintenance of pro shop
•All exterior maintenance of the pro shop building is the responsibility
of La Quinta, including major appliances, such as HVAC and electrical.
•APA will maintain the interior of the pro shop building, including all
fixtures provided, and will replace, at its cost, anything under
$500.00.
•If any warranty service is needed for any appliances or parts of the
building, APA will coordinate the service and maintain all appropriate
documentation.
Insurance/ Liability
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Exhibit A
Page 3 of 8
•APA will require all participants to sign a liability waiver, releasing La
Quinta and APA of liability. These waivers must be signed by parent
or legal guardian for anyone under the age of 18, and identification
is required. Final wording of the waiver may be modified by La
Quinta’s attorney/ risk manager.
•APA will require safety gear to be worn at all times, in compliance
with the laws of the State of California, and will enforce such
requirements.
•APA will maintain a liability policy naming La Quinta (and all related
parties), in the amounts of $1M per occurrence, $2M aggregate.
•APA will maintain an accident and excess medical insurance policy to
drastically reduce the likelihood of lawsuits and insurance claims,
especially for medical and injury reasons.
Garbage disposal
•APA shall collect trash in the bins, and take it to the dumpster.
Record-keeping
•APA will keep detailed injury reports, maintenance reports, liability
waivers, and incident reports, both electronically and physically.
•APA will report all major incidents and injuries to the City of La
Quinta.
•APA will complete and submit the required annual reporting and
documentation to the State of California, to comply with recreational
immunity provisions.
•Complete financial information including detailed inventory tracking
and all accounting.
•APA provides quarterly park usage reporting to La Quinta, and annual
recap reporting.
Taxes
•APA will be responsible for the collection and payment of all sales
taxes on sales of non-exempt items in the pro shop.
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Exhibit A
Page 4 of 8
• APA will be responsible for paying business personal property tax for
its property within the pro shop building, including any fixtures and
inventory. Any property taxes or special assessments for the building
or the property shall be the responsibility of La Quinta.
Concessions services
• APA will maintain a fully-stocked concession operation, including
drinks, water, snack foods, etc.
• Retail goods
APA will maintain an inventory of necessary and replacement items,
including skateboard decks, wheels, trucks, etc.
Sponsorship
• APA will work alongside the City of La Quinta to sell sponsorship for
the skatepark, within any guidelines or restrictions from the city.
Consultation
• APA will provide consultation regarding any action sports events or
marketing efforts in the city at no additional charge.
City of La Quinta Responsibilities
Skatepark
• La Quinta shall provide a professionally designed and constructed
skatepark.
• Skatepark shall be in good condition, and meet all ASTM guidelines.
• Skatepark shall have adequate access control (fencing), meeting
APA’s guidelines.
Pro shop building
• La Quinta shall provide a pro shop building of approximately 1400
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Exhibit A
Page 5 of 8
square feet at the skatepark for APA to set up pro shop and
concession operations, to APA’s specifications, including restrooms
for APA’s staff.
•APA will need possession of the completed pro shop building 30 days
prior to the desired opening of the skatepark. Pro shop must have
all utilities including phone, internet, HVAC, electrical, etc. in working
order prior to APA taking possession.
Utilities costs
•La Quinta shall be responsible for all ongoing utilities bills.
Maintenance
•La Quinta will be responsible for major landscape and general site
maintenance, including any repairs needed for lighting, fencing and
major concrete repairs.
•La Quinta will be responsible for minor landscape and general site
maintenance within the fenced area of the skatepark.
Garbage disposal
•La Quinta shall be responsible for supplying a dumpster for APA to
dispose of skatepark trash from skatepark participants.
Taxes
•Any property taxes or special assessments for the building or the
property shall be the responsibility of La Quinta.
Marketing/ Promotion
•La Quinta shall include the APA skatepark in its monthly mailers and
any other promotional materials it produces.
Staffing Fees
•La Quinta’s annual staffing fee to APA shall be payable quarterly, in
134
Exhibit A
Page 6 of 8
advance of the beginning of each quarter.
• The first two months’ payments will be due upon the signing of the
management agreement.
135
Exhibit A
Page 7 of 8
ADDENDUM TO AGREEMENT
Re: Scope of Services
If the Scope of Services include construction, alteration, demolition,
installation, repair, or maintenance affecting real property or structures or
improvements of any kind appurtenant to real property, the following apply:
1. Prevailing Wage Compliance . If Contracting Party is a contractor
performing public works and maintenance projects, as described in this
Section 1.3, Contracting Party shall comply with applicable Federal, State, and
local laws. Contracting Party is aware of the requirements of California Labor
Code Sections 1720, et seq., and 1770, et seq., as well as California Code of
Regulations, Title 8, Sections 16000, et seq., (collectively, the “Prevailing
Wage Laws”), and La Quinta Municipal Code Section 3.12.040, which require
the payment of prevailing wage rates and the performance of other
requirements on “Public works” and “Maintenance” projects. If the Services
are being performed as part of an applicable “Public works” or “Maintenance”
project, as defined by the Prevailing Wage Laws, and if construction work over
twenty-five thousand dollars ($25,000.00) and/or alterations, demolition,
repair or maintenance work over fifteen thousand dollars ($15,000.00) is
entered into or extended on or after January 1, 2015 by this Agreement,
Contracting Party agrees to fully comply with such Prevailing Wage Laws
including, but not limited to, requirements related to the maintenance of
payroll records and the employment of apprentices. Pursuant to California
Labor Code Section 1725.5, no contractor or subcontractor may be awarded
a contract for public work on a “Public works” project unless registered with
the California Department of Industrial Relations (“DIR”) at the time the
contract is awarded. If the Services are being performed as part of an
applicable “Public works” or “Maintenance” project, as defined by the
Prevailing Wage Laws, this project is subject to compliance monitoring and
enforcement by the DIR. Contracting Party will maintain and will require all
subcontractors to maintain valid and current DIR Public Works contractor
registration during the term of this Agreement. Contracting Party shall notify
City in writing immediately, and in no case more than twenty-four (24) hours,
after receiving any information that Contracting Party’s or any of its
subcontractor’s DIR registration status has been suspended, revoked, expired,
or otherwise changed. It is understood that it is the responsibility of
Contracting Party to determine the correct salary scale. Contracting Party
shall make copies of the prevailing rates of per diem wages for each craft,
classification, or type of worker needed to execute the Services available to
interested parties upon request, and shall post copies at Contracting Party’s
principal place of business and at the project site, if any. The statutory
penalties for failure to pay prevailing wage or to comply with State wage and
hour laws will be enforced. Contracting Party must forfeit to City TWENTY-
136
Exhibit A
Page 8 of 8
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.
137
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 Two Hundred
Eighty Five Thousand Three Hundred Ninety Dollars ($285,390.00) (“Contract
Sum”). The Contract Sum shall be paid to Contracting Party in installment
payments 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.
138
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.
139
Exhibit E
Page 1 of 8
Exhibit D
Special Requirements
None.
140
Exhibit E
Page 2 of 8
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
Cyber Liability
$1,000,000 (per occurrence)
$2,000,000 (general aggregate)
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.
141
Exhibit E
Page 3 of 8
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.
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
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.
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Exhibit E
Page 4 of 8
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 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
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Exhibit E
Page 5 of 8
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
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.
144
Exhibit E
Page 6 of 8
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
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.
145
Exhibit E
Page 7 of 8
14. Contracting Party will renew the required coverage annually as
long as City, or its employees or agents face an exposure from operations of
any type pursuant to this agreement. This obligation applies whether the
agreement is canceled or terminated for any reason. Termination of this
obligation is not effective until City executes a written statement to that effect.
15. Contracting Party shall provide proof that policies of insurance
required herein expiring during the term of this Agreement have been renewed
or replaced with other policies providing at least the same coverage. Proof
that such coverage has been ordered shall be submitted prior to expiration.
A coverage binder or letter from Contracting Party’s insurance agent to this
effect is acceptable. A certificate of insurance and an additional insured
endorsement is required in these specifications applicable to the renewing or
new coverage must be provided to City within five (5) days of the expiration
of coverages.
16. The provisions of any workers’ compensation or similar act will not
limit the obligations of Contracting Party under this agreement. Contracting
Party expressly agrees not to use any statutory immunity defenses under such
laws with respect to City, its employees, officials, and agents.
17. Requirements of specific coverage features, or limits contained in
this section are not intended as limitations on coverage, limits or other
requirements nor as a waiver of any coverage normally provided by any given
policy. Specific reference to a given coverage feature is for purposes of
clarification only as it pertains to a given issue and is not intended by any
party or insured to be limiting or all-inclusive.
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.
146
Exhibit E
Page 8 of 8
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.
147
Exhibit F
Page 1 of 2
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, 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, 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.
148
Exhibit F
Page 2 of 2
F.2 Obligation to Secure Indemnification Provisions. Contracting
Party agrees to obtain executed indemnity agreements with provisions
identical to those set forth herein this Exhibit F, as applicable to the
Contracting Party, from each and every subcontractor or any other person or
entity involved by, for, with or on behalf of Contracting Party in the
performance of this Agreement. In the event Contracting Party fails to obtain
such indemnity obligations from others as required herein, Contracting Party
agrees to be fully responsible according to the terms of this Exhibit. Failure
of City to monitor compliance with these requirements imposes no additional
obligations on City and will in no way act as a waiver of any rights hereunder.
This obligation to indemnify and defend City as set forth in this Agreement are
binding on the successors, assigns or heirs of Contracting Party and shall
survive the termination of this Agreement.
149
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City of La Quinta
CITY COUNCIL MEETING: October 19, 2021
STAFF REPORT
AGENDA TITLE: APPROPRIATE FUNDS AND APPROVE AMENDMENT NO. 2 TO
AGREEMENT FOR CONTRACT SERVICES WITH TYLER TECHNOLOGIES, INC.
FOR THE PURCHASE, IMPLEMENTATION, AND MAINTENANCE OF PERMITTING
AND BUSINESS LICENSE SOFTWARE
RECOMMENDATION
Approve Amendment No. 2 to Agreement for Contract Services with Tyler
Technologies, Inc. for the purchase, implementation, and maintenance of
EnerGov Software (EnerGov) for permit, business license and reporting
software for a total not to exceed amount of $752,000 for a three-year term;
authorize the City Manager to execute the contract; and appropriate $350,000
from the Information Technology Fund Balance for fiscal year 2021/22.
EXECUTIVE SUMMARY
The City’s existing Permit Software, TRAKiT, has become a legacy
system that does not provide a user friendly experience for residents or
staff based on feedback, including items such as business license
management requiring manual input due to technical issues.
In November of 2020, the City issued a Request for Proposals (RFP) for
Permit Tracking and Licensing Software Services; nine firms responded,
and staff selected three firms for interviews and demonstrations in
January 2021.
After extensive review of services provided by all firms, implementation
strategies, and longevity of software to serve the City’s growing needs
Tyler Technologies, Inc. (Tyler) was selected.
FISCAL IMPACT
The not to exceed amount for Amendment No. 2 is $752,000 over a three-
year term starting from date of full execution. The initial implementation cost
will be $268,890, with an annual recurring fee of $144,235 for maintenance
and software updates. Due to recently acquired economic development
software, this permit software, and future anticipated software needs, an
BUSINESS SESSION ITEM NO. 3
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appropriation of $350,000 from the IT Fund is necessary. If approved, it will
be budgeted in (502-0000-60301, Software Licenses). Additionally, partial
funding will be utilized by grant funds awarded through the Senate Bill 2
Planning Grants Program in the amount of $160,000, available in the State
Government Revenue budget (244-0000-41710, Housing Grants).
Contract Amendment No. 2
Services
One Time
Fees
Annually
Recurring
Fees
Contingency
Budget
EnerGov Community
Development Suite w/ Add-
Ons for 40 (Forty) Users
- $95,520 -
EnerGov Business
Management Suite w/ Add-Ons
for 10 (Ten) Users
- $23,880 -
EnerGov Extensions for Citizen
Self-Service Portal and
Automation
- $ 24,835 -
Configuration and
Implementation $268,890 - -
Contingency Budget (Up to
Seven additional users at
$2,400/year/user, over three
years)
- - $50,406
Annual Contract Costs
Year One Total $429,927
Year Two Total $161,037
Year Three Total $161,036
Contract Total $752,000
Budget Expenditure Schedule
Fiscal Year Account No. Expenditure
FY 2021/2022 502-0000-60301
244-0000-60301
$269,927
$160,000
FY 2022/2023 502-0000-60301
244-0000-41710
$161,037
($160,000)
FY 2023/2024 502-0000-60301 $161,036
Total Expended $592,000
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BACKGROUND/ANALYSIS
Replacement of the City’s permitting and licensing software, TRAKiT, has been
a goal of the Design and Development Department as the software becomes
outdated. TRAKiT’s permit software system does not provide a user friendly
environment for residents and businesses, who have expressed to staff
confusion regarding researching information on available parcels, calculating
costs for their project or potential upgrades to their homes, and a lack of
online mapping to easily identify what zone or code applies to particular
properties. Staff experiences diminishing returns with each software update,
causing processes such as Business License Issuance and Renewal to require
manual input, rather than an automated online service. By implementing this
software, it will provide the City with the tools to reduce the need for
redundant data input, reduce staff time when assisting the public with
permitting and licensing, allow Geographic Information System (GIS)
integration, and increase the public’s access to information and online
services.
The City Manager’s Office, responsible for oversight of IT, software support
and maintenance, coordinated an RFP that outlined the necessary upgrade
requirements to replace this software. Responses were considered by their
method of implementation, data conversion, security standards, ease of
access for the public, maintenance and support, customization, and recurring
costs. Tyler selected based on its ability to provide the most complete and
comprehensive solution to implement this software.
An annual cost comparison of TRAKiT and Tyler shows an annual increase of
$88,079 for the added services.
Tyler (Proposed) $161,037
TRAKiT (Existing) $72,958
Net Increase $88,079
If approved, several new and existing services with improved capabilities will
be added for staff and the general public to take advantage of.
Tyler TRAKiT
Business License Automation Issues w/ Software, Done Manually
GIS Integration Failed GIS Integration
Economic Data Reporting Currently not available
Permit Review Process Streamline
(Decision Engine and Plan Review)
Not integrated with Electronic Plan
Review or Decision Engine
Resident and Business “Self-
Service Portal”
Lack of Public Accessibility and
Information
153
This upgrade to software will create expedited processing systems within the
organization that will improve the entitlement and permitting processes for
businesses interacting with the City, providing eligibility for use with the State
of California Department of Housing and Community Development’s (HCD)
Senate Bill 2 Planning Grants Program Funds, which the City was awarded
$160,000 in funding. This grant will assist in reduction of the overall costs for
this software upgrade while helping the City attract developers that will build
residential communities, helping us meet our Regional Housing Needs
Assessment mandate from HCD. Additionally, the City currently uses Tyler as
Human Resource and Finance software, handling personnel and financial
management for the City. It is anticipated that staying within the Tyler
enterprise software umbrella will provide wide continuity for residents and
businesses.
As implementation of this upgrade is conducted, an analysis by Tyler and staff
will be done in concert to assess how many user licenses are necessary for
streamlined use. As such, a contingency budget is being proposed that will
include up to seven (7) additional users.
ALTERNATIVES
Council could elect not to approve Amendment No. 2 or change the scope of
services that Tyler provides.
Prepared by: Doug Kinley III, Management Analyst
Approved by: Jon McMillen, City Manager
Attachment: 1. Amendment No. 2 to Agreement for Contract Services
154
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SOFTWARE AS A SERVICE AGREEMENT
This Software as a Service Agreement is made between Tyler Technologies, Inc. and Client.
WHEREAS, Client selected Tyler to provide certain products and services set forth in the Investment
Summary, including providing Client with access to Tyler’s proprietary software products, and Tyler
desires to provide such products and services under the terms of this Agreement;
NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth
in this Agreement, Tyler and Client agree as follows:
SECTION A – DEFINITIONS
•“Agreement” means this Software as a Service Agreement.
•“Business Travel Policy” means our business travel policy. A copy of our current Business Travel
Policy is attached as Schedule 1 to Exhibit B.
•“Client” means City of La Quinta, California.
•“Data” means your data necessary to utilize the Tyler Software.
•“Data Storage Capacity” means the contracted amount of storage capacity for your Data
identified in the Investment Summary.
•“Defect” means a failure of the Tyler Software to substantially conform to the functional
descriptions set forth in our written proposal to you, or their functional equivalent. Future
functionality may be updated, modified, or otherwise enhanced through our maintenance and
support services, and the governing functional descriptions for such future functionality will be
set forth in our then-current Documentation.
•“Defined Users” means the number of users that are authorized to use the SaaS Services. The
Defined Users for the Agreement are as identified in the Investment Summary. If Exhibit A
contains EnerGov labeled software, defined users mean the maximum number of named users
that are authorized to use the EnerGov labeled modules as indicated in the Investment
Summary.
•“Developer” means a third party who owns the intellectual property rights to Third Party
Software.
•“Documentation” means any online or written documentation related to the use or
functionality of the Tyler Software that we provide or otherwise make available to you, including
instructions, user guides, manuals and other training or self-help documentation.
•“Effective Date” means the date by which both your and our authorized representatives have
signed the Agreement.
•“Force Majeure” means an event beyond the reasonable control of you or us, including, without
limitation, governmental action, war, riot or civil commotion, fire, natural disaster, or any other
cause that could not with reasonable diligence be foreseen or prevented by you or us.
•“Investment Summary” means the agreed upon cost proposal for the products and services
ATTACHMENT 1
CONTRACT AMENDMENT NO. 2 WITH CITY OF LA QUINTA
CONTRACT AMENDMENT NO. 2
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2
attached as Exhibit A.
•“Invoicing and Payment Policy” means the invoicing and payment policy. A copy of our current
Invoicing and Payment Policy is attached as Exhibit B.
•“Order Form” means an ordering document that includes a quote or investment summary and
specifying the items to be provided by Tyler to Client, including any addenda and supplements
thereto.
•“SaaS Fees” means the fees for the SaaS Services identified in the Investment Summary.
•“SaaS Services” means software as a service consisting of system administration, system
management, and system monitoring activities that Tyler performs for the Tyler Software, and
includes the right to access and use the Tyler Software, receive maintenance and support on the
Tyler Software, including Downtime resolution under the terms of the SLA, and Data storage and
archiving. SaaS Services do not include support of an operating system or hardware, support
outside of our normal business hours, or training, consulting or other professional services.
•“SLA” means the service level agreement. A copy of our current SLA is attached hereto as
Exhibit C.
•“Statements of Work” means the industry standard implementation plan describing how our
professional services will be provided to implement the Tyler Software, and outlining your and
our roles and responsibilities in connection with that implementation. The Statements of Work
are attached as Schedule 1 and Schedule 2 of Exhibit E.
•“Support Call Process” means the support call process applicable to all of our customers who
have licensed the Tyler Software. A copy of our current Support Call Process is attached as
Schedule 1 to Exhibit C.
•“Third Party Hardware” means the third party hardware, if any, identified in the Investment
Summary.
•“Third Party Products” means the Third Party Software and Third Party Hardware.
•“Third Party Services” means the third party services, if any, identified in the Investment
Summary.
•“Third Party Software” means the third party software, if any, identified in the Investment
Summary.
•“Third Party Terms” means, if any, the end user license agreement(s) or similar terms for the
Third Party Products or other parties’ products or services, as applicable, and attached or
indicated at Exhibit D.
•“Tyler” means Tyler Technologies, Inc., a Delaware corporation.
•“Tyler Software” means our proprietary software, including any integrations, custom
modifications, and/or other related interfaces identified in the Investment Summary and
licensed by us to you through this Agreement.
•“we”, “us”, “our” and similar terms mean Tyler.
•“you” and similar terms mean Client.
SECTION B – SAAS SERVICES
1.Rights Granted. We grant to you the non-exclusive, non-assignable limited right to use the SaaS
Services solely for your internal business purposes for the number of Defined Users only. The Tyler
Software will be made available to you according to the terms of the SLA. You acknowledge that we
have no delivery obligations and we will not ship copies of the Tyler Software as part of the SaaS
Services. You may use the SaaS Services to access updates and enhancements to the Tyler Software,
CONTRACT AMENDMENT NO. 2
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3
as further described in Section C(9). The foregoing notwithstanding, to the extent we have sold you
perpetual licenses for Tyler Software, if and listed in the Investment Summary, for which you are
receiving SaaS Services, your rights to use such Tyler Software are perpetual, subject to the terms
and conditions of this Agreement including, without limitation, Section B(4). We will make any such
software available to you for download.
2. SaaS Fees. You agree to pay us the SaaS Fees. Those amounts are payable in accordance with our
Invoicing and Payment Policy. The SaaS Fees are based on the number of Defined Users and amount
of Data Storage Capacity. You may add additional users or additional data storage capacity on the
terms set forth in Section H(1). In the event you regularly and/or meaningfully exceed the Defined
Users or Data Storage Capacity, we reserve the right to charge you additional fees commensurate
with the overage(s).
3. Ownership.
3.1 We retain all ownership and intellectual property rights to the SaaS Services, the Tyler Software,
and anything developed by us under this Agreement. You do not acquire under this Agreement
any license to use the Tyler Software in excess of the scope and/or duration of the SaaS Services.
3.2 The Documentation is licensed to you and may be used and copied by your employees for
internal, non-commercial reference purposes only.
3.3 You retain all ownership and intellectual property rights to the Data. You expressly recognize
that except to the extent necessary to carry out our obligations contained in this Agreement, we
do not create or endorse any Data used in connection with the SaaS Services.
4. Restrictions. You may not: (a) make the Tyler Software or Documentation resulting from the SaaS
Services available in any manner to any third party for use in the third party’s business operations;
(b) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of
the SaaS Services; (c) access or use the SaaS Services in order to build or support, and/or assist a
third party in building or supporting, products or services competitive to us; or (d) license, sell, rent,
lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service
bureau use, or otherwise commercially exploit or make the SaaS Services, Tyler Software, or
Documentation available to any third party other than as expressly permitted by this Agreement.
5. Software Warranty. We warrant that the Tyler Software will perform without Defects during the
term of this Agreement. If the Tyler Software does not perform as warranted, we will use all
reasonable efforts, consistent with industry standards, to cure the Defect in accordance with the
maintenance and support process set forth in Section C(9), below, the SLA and our then current
Support Call Process.
6. SaaS Services.
6.1 Our SaaS Services are audited at least yearly in accordance with the AICPA’s Statement on
Standards for Attestation Engagements (“SSAE”) No. 18. We have attained, and will maintain,
SOC 1 and SOC 2 compliance, or its equivalent, for so long as you are timely paying for SaaS
CONTRACT AMENDMENT NO. 2
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4
Services. The scope of audit coverage varies for some Tyler Software solutions. Upon execution
of a mutually agreeable Non-Disclosure Agreement (“NDA”), we will provide you with a
summary of our compliance report(s) or its equivalent. Every year thereafter, for so long as the
NDA is in effect and in which you make a written request, we will provide that same
information. If our SaaS Services are provided using a 3rd party data center, we will provide
available compliance reports for that data center.
6.2 You will be hosted on shared hardware in a Tyler data center or in a third-party data center. In
either event, databases containing your Data will be dedicated to you and inaccessible to our
other customers.
6.3 Our Tyler data centers have fully-redundant telecommunications access, electrical power, and
the required hardware to provide access to the Tyler Software in the event of a disaster or
component failure. In the event of a data center failure, we reserve the right to employ our
disaster recovery plan for resumption of the SaaS Services. In that event, we commit to a
Recovery Point Objective (“RPO”) of 24 hours and a Recovery Time Objective (“RTO”) of 24
hours. RPO represents the maximum duration of time between the most recent recoverable
copy of your hosted Data and subsequent data center failure. RTO represents the maximum
duration of time following data center failure within which your access to the Tyler Software
must be restored.
6.4 We conduct annual penetration testing of either the production network and/or web
application to be performed. We will maintain industry standard intrusion detection and
prevention systems to monitor malicious activity in the network and to log and block any such
activity. We will provide you with a written or electronic record of the actions taken by us in the
event that any unauthorized access to your database(s) is detected as a result of our security
protocols. We will undertake an additional security audit, on terms and timing to be mutually
agreed to by the parties, at your written request. You may not attempt to bypass or subvert
security restrictions in the SaaS Services or environments related to the Tyler Software.
Unauthorized attempts to access files, passwords or other confidential information, and
unauthorized vulnerability and penetration test scanning of our network and systems (hosted or
otherwise) is prohibited without the prior written approval of our IT Security Officer.
6.5 We test our disaster recovery plan on an annual basis. Our standard test is not client-specific.
Should you request a client-specific disaster recovery test, we will work with you to schedule
and execute such a test on a mutually agreeable schedule. At your written request, we will
provide test results to you within a commercially reasonable timeframe after receipt of the
request.
6.6 We will be responsible for importing back-up and verifying that you can log-in. You will be
responsible for running reports and testing critical processes to verify the returned Data.
6.7 We provide secure Data transmission paths between each of your workstations and our servers.
6.8 Tyler data centers are accessible only by authorized personnel with a unique key entry. All other
visitors to Tyler data centers must be signed in and accompanied by authorized personnel.
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5
Entry attempts to the data center are regularly audited by internal staff and external auditors to
ensure no unauthorized access.
6.9 Where applicable with respect to our applications that take or process card payment data, we
are responsible for the security of cardholder data that we possess, including functions relating
to storing, processing, and transmitting of the cardholder data and affirm that, as of the
Effective Date, we comply with applicable requirements to be considered PCI DSS compliant and
have performed the necessary steps to validate compliance with the PCI DSS. We agree to
supply the current status of our PCI DSS compliance program in the form of an official
Attestation of Compliance, which can be found at https://www.tylertech.com/about-
us/compliance, and in the event of any change in our status, will comply with applicable notice
requirements.
SECTION C – PROFESSIONAL SERVICES
1. Professional Services. We will provide you the various implementation-related services itemized in
the Investment Summary and described in the Statement of Work.
2. Professional Services Fees. You agree to pay us the professional services fees in the amounts set
forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and
Payment Policy. You acknowledge that the fees stated in the Investment Summary are good-faith
estimates of the amount of time and materials required for your implementation. We will bill you
the actual fees incurred based on the in-scope services provided to you. Any discrepancies in the
total values set forth in the Investment Summary will be resolved by multiplying the applicable
hourly rate by the quoted hours.
3. Additional Services. The Investment Summary contains, and the Statements of Work describes, the
scope of services and related costs (including programming and/or interface estimates) required for
the project based on our understanding of the specifications you supplied. If additional work is
required, or if you use or request additional services, we will provide you with an addendum or
change order, as applicable, outlining the costs for the additional work. The price quotes in the
addendum or change order will be valid for thirty (30) days from the date of the quote.
4. Cancellation. If travel is required, we will make all reasonable efforts to schedule travel for our
personnel, including arranging travel reservations, at least two (2) weeks in advance of
commitments. Therefore, if you cancel services less than two (2) weeks in advance (other than for
Force Majeure or breach by us), you will be liable for all (a) non-refundable expenses incurred by us
on your behalf, and (b) daily fees associated with cancelled professional services if we are unable to
reassign our personnel. We will make all reasonable efforts to reassign personnel in the event you
cancel within two (2) weeks of scheduled commitments.
5. Services Warranty. We will perform the services in a professional, workmanlike manner, consistent
with industry standards. In the event we provide services that do not conform to this warranty, we
will re-perform such services at no additional cost to you.
6. Site Access and Requirements. At no cost to us, you agree to provide us with full and free access to
CONTRACT AMENDMENT NO. 2
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your personnel, facilities, and equipment as may be reasonably necessary for us to provide
implementation services, subject to any reasonable security protocols or other written policies
provided to us as of the Effective Date, and thereafter as mutually agreed to by you and us.
7. Background Checks. For at least the past twelve (12) years, all of our employees have undergone
criminal background checks prior to hire. All employees sign our confidentiality agreement and
security policies.
8. Client Assistance. You acknowledge that the implementation of the Tyler Software is a cooperative
process requiring the time and resources of your personnel. You agree to use all reasonable efforts
to cooperate with and assist us as may be reasonably required to meet the agreed upon project
deadlines and other milestones for implementation. This cooperation includes at least working with
us to schedule the implementation-related services outlined in this Agreement. We will not be
liable for failure to meet any deadlines and milestones when such failure is due to Force Majeure or
to the failure by your personnel to provide such cooperation and assistance (either through action
or omission).
9. Maintenance and Support. For so long as you timely pay your SaaS Fees according to the Invoicing
and Payment Policy, then in addition to the terms set forth in the SLA and the Support Call Process,
we will:
9.1 perform our maintenance and support obligations in a professional, good, and workmanlike
manner, consistent with industry standards, to resolve Defects in the Tyler Software (subject to
any applicable release life cycle policy);
9.2 provide support during our established support hours;
9.3 maintain personnel that are sufficiently trained to be familiar with the Tyler Software and Third
Party Software, if any, in order to provide maintenance and support services;
9.4 make available to you all releases to the Tyler Software (including updates and enhancements)
that we make generally available without additional charge to customers who have a
maintenance and support agreement in effect; and
9.5 provide non-Defect resolution support of prior releases of the Tyler Software in accordance with
any applicable release life cycle policy.
We will use all reasonable efforts to perform support services remotely. Currently, we use a third-party
secure unattended connectivity tool called Bomgar, as well as GotoAssist by Citrix. Therefore, you agree
to maintain a high-speed internet connection capable of connecting us to your PCs and server(s). You
agree to provide us with a login account and local administrative privileges as we may reasonably
require to perform remote services. We will, at our option, use the secure connection to assist with
proper diagnosis and resolution, subject to any reasonably applicable security protocols. If we cannot
resolve a support issue remotely, we may be required to provide onsite services. In such event, we will
be responsible for our travel expenses, unless it is determined that the reason onsite support was
required was a reason outside our control. Either way, you agree to provide us with full and free access
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to the Tyler Software, working space, adequate facilities within a reasonable distance from the
equipment, and use of machines, attachments, features, or other equipment reasonably necessary for
us to provide the maintenance and support services, all at no charge to us. We strongly recommend
that you also maintain your VPN for backup connectivity purposes.
For the avoidance of doubt, SaaS Fees do not include the following services: (a) onsite support (unless
Tyler cannot remotely correct a Defect in the Tyler Software, as set forth above); (b) application design;
(c) other consulting services; or (d) support outside our normal business hours as listed in our then-
current Support Call Process. Requested services such as those outlined in this section will be billed to
you on a time and materials basis at our then current rates. You must request those services with at
least one (1) weeks’ advance notice.
SECTION D – THIRD PARTY PRODUCTS
1. Third Party Hardware. We will sell, deliver, and install onsite the Third Party Hardware, if you have
purchased any, for the price set forth in the Investment Summary. Those amounts are payable in
accordance with our Invoicing and Payment Policy.
2. Third Party Software. As part of the SaaS Services, you will receive access to the Third Party
Software and related documentation for internal business purposes only. Your rights to the Third
Party Software will be governed by the Third Party Terms.
3. Third Party Products Warranties.
3.1 We are authorized by each Developer to grant access to the Third Party Software.
3.2 The Third Party Hardware will be new and unused, and upon payment in full, you will receive
free and clear title to the Third Party Hardware.
3.3 You acknowledge that we are not the manufacturer of the Third Party Products. We do not
warrant or guarantee the performance of the Third Party Products. However, we grant and pass
through to you any warranty that we may receive from the Developer or supplier of the Third
Party Products.
4. Third Party Services. If you have purchased Third Party Services, those services will be provided
independent of Tyler by such third-party at the rates set forth in the Investment Summary and in
accordance with our Invoicing and Payment Policy.
SECTION E - INVOICING AND PAYMENT; INVOICE DISPUTES
1. Invoicing and Payment. We will invoice you the SaaS Fees and fees for other professional services in
the Investment Summary per our Invoicing and Payment Policy, subject to Section E(2).
2. Invoice Disputes. If you believe any delivered software or service does not conform to the
warranties in this Agreement, you will provide us with written notice within thirty (30) days of your
receipt of the applicable invoice. The written notice must contain reasonable detail of the issues
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you contend are in dispute so that we can confirm the issue and respond to your notice with either a
justification of the invoice, an adjustment to the invoice, or a proposal addressing the issues
presented in your notice. We will work with you as may be necessary to develop an action plan that
outlines reasonable steps to be taken by each of us to resolve any issues presented in your notice.
You may withhold payment of the amount(s) actually in dispute, and only those amounts, until we
complete the action items outlined in the plan. If we are unable to complete the action items
outlined in the action plan because of your failure to complete the items agreed to be done by you,
then you will remit full payment of the invoice. We reserve the right to suspend delivery of all SaaS
Services, including maintenance and support services, if you fail to pay an invoice not disputed as
described above within fifteen (15) days of notice of our intent to do so.
SECTION F – TERM AND TERMINATION
1. Term. The initial term of this Agreement is equal to the number of years indicated for SaaS Services
in Exhibit A, commencing on the first day of the first month following the Effective Date, unless
earlier terminated as set forth below. If no duration is indicated in Exhibit A, the initial term is one
(1) year. Upon expiration of the initial term, this Agreement will renew automatically for additional
one (1) year renewal terms at our then-current SaaS Fees unless terminated in writing by either
party at least sixty (60) days prior to the end of the then-current renewal term. Your right to access
or use the Tyler Software and the SaaS Services will terminate at the end of this Agreement.
2. Termination. This Agreement may be terminated as set forth below. In the event of termination,
you will pay us for all undisputed fees and expenses related to the software, products, and/or
services you have received, or we have incurred or delivered, prior to the effective date of
termination. Disputed fees and expenses in all terminations other than your termination for cause
must have been submitted as invoice disputes in accordance with Section E(2).
2.1 Failure to Pay SaaS Fees. You acknowledge that continued access to the SaaS Services is
contingent upon your timely payment of SaaS Fees. If you fail to timely pay the SaaS Fees, we
may discontinue the SaaS Services and deny your access to the Tyler Software. We may also
terminate this Agreement if you don’t cure such failure to pay within forty-five (45) days of
receiving written notice of our intent to terminate.
2.2 For Cause. If you believe we have materially breached this Agreement, you will invoke the
Dispute Resolution clause set forth in Section H(3). You may terminate this Agreement for cause
in the event we do not cure, or create a mutually agreeable action plan to address, a material
breach of this Agreement within the thirty (30) day window set forth in Section H(3).
2.3 Force Majeure. Either party has the right to terminate this Agreement if a Force Majeure event
suspends performance of the SaaS Services for a period of forty-five (45) days or more.
2.4 Lack of Appropriations. If you should not appropriate or otherwise make available funds
sufficient to utilize the SaaS Services, you may unilaterally terminate this Agreement upon thirty
(30) days written notice to us. You will not be entitled to a refund or offset of previously paid,
but unused SaaS Fees. You agree not to use termination for lack of appropriations as a
substitute for termination for convenience.
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SECTION G – INDEMNIFICATION, LIMITATION OF LIABILITY AND INSURANCE
1. Intellectual Property Infringement Indemnification.
1.1 We will defend you against any third party claim(s) that the Tyler Software or Documentation
infringes that third party’s patent, copyright, or trademark, or misappropriates its trade secrets,
and will pay the amount of any resulting adverse final judgment (or settlement to which we
consent). You must notify us promptly in writing of the claim and give us sole control over its
defense or settlement. You agree to provide us with reasonable assistance, cooperation, and
information in defending the claim at our expense.
1.2 Our obligations under this Section G(1) will not apply to the extent the claim or adverse final
judgment is based on your use of the Tyler Software in contradiction of this Agreement,
including with non-licensed third parties, or your willful infringement.
1.3 If we receive information concerning an infringement or misappropriation claim related to the
Tyler Software, we may, at our expense and without obligation to do so, either: (a) procure for
you the right to continue its use; (b) modify it to make it non-infringing; or (c) replace it with a
functional equivalent, in which case you will stop running the allegedly infringing Tyler Software
immediately. Alternatively, we may decide to litigate the claim to judgment, in which case you
may continue to use the Tyler Software consistent with the terms of this Agreement.
1.4 If an infringement or misappropriation claim is fully litigated and your use of the Tyler Software
is enjoined by a court of competent jurisdiction, in addition to paying any adverse final
judgment (or settlement to which we consent), we will, at our option, either: (a) procure the
right to continue its use; (b) modify it to make it non-infringing; or (c) replace it with a functional
equivalent. This section provides your exclusive remedy for third party copyright, patent, or
trademark infringement and trade secret misappropriation claims.
2. General Indemnification.
2.1 We will indemnify and hold harmless you and your agents, officials, and employees from and
against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including
reasonable attorney's fees and costs) for (a) personal injury or property damage to the extent
caused by our negligence or willful misconduct; or (b) our violation of PCI-DSS requirements or a
law applicable to our performance under this Agreement. You must notify us promptly in
writing of the claim and give us sole control over its defense or settlement. You agree to
provide us with reasonable assistance, cooperation, and information in defending the claim at
our expense.
2.2 To the extent permitted by applicable law, you will indemnify and hold harmless us and our
agents, officials, and employees from and against any and all third-party claims, losses,
liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for
personal injury or property damage to the extent caused by your negligence or willful
misconduct; or (b) your violation of a law applicable to your performance under this Agreement.
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We will notify you promptly in writing of the claim and will give you sole control over its defense
or settlement. We agree to provide you with reasonable assistance, cooperation, and
information in defending the claim at your expense.
3. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT AND TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL OTHER
WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT
NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE.
4. LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT,
OUR LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT, WHETHER BASED ON A THEORY
OF CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, SHALL BE LIMITED TO
YOUR ACTUAL DIRECT DAMAGES, NOT TO EXCEED (A) DURING THE INITIAL TERM, AS SET FORTH
IN SECTION F(1), TOTAL FEES PAID AS OF THE TIME OF THE CLAIM; OR (B) DURING ANY RENEWAL
TERM, THE THEN-CURRENT ANNUAL SAAS FEES PAYABLE IN THAT RENEWAL TERM. THE PARTIES
ACKNOWLEDGE AND AGREE THAT THE PRICES SET FORTH IN THIS AGREEMENT ARE SET IN
RELIANCE UPON THIS LIMITATION OF LIABILITY AND TO THE MAXIMUM EXTENT ALLOWED UNDER
APPLICABLE LAW, THE EXCLUSION OF CERTAIN DAMAGES, AND EACH SHALL APPLY REGARDLESS
OF THE FAILURE OF AN ESSENTIAL PURPOSE OF ANY REMEDY. THE FOREGOING LIMITATION OF
LIABILITY SHALL NOT APPLY TO CLAIMS THAT ARE SUBJECT TO SECTIONS G(1) AND G(2).
5. EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
6. Insurance. During the course of performing services under this Agreement, we agree to maintain
the following levels of insurance: (a) Commercial General Liability of at least $1,000,000; (b)
Automobile Liability of at least $1,000,000; (c) Professional Liability of at least $1,000,000; (d)
Workers Compensation complying with applicable statutory requirements; and (e) Excess/Umbrella
Liability of at least $5,000,000. We will add you as an additional insured to our Commercial General
Liability and Automobile Liability policies, which will automatically add you as an additional insured
to our Excess/Umbrella Liability policy as well. We will provide you with copies of certificates of
insurance upon your written request.
SECTION H – GENERAL TERMS AND CONDITIONS
1. Additional Products and Services. You may purchase additional products and services at the rates
set forth in the Investment Summary for twelve (12) months from the Effective Date by executing a
mutually agreed addendum. If no rate is provided in the Investment Summary, or those twelve (12)
months have expired, you may purchase additional products and services at our then-current list
price, also by executing a mutually agreed addendum. The terms of this Agreement will control any
such additional purchase(s), unless otherwise specifically provided in the addendum.
2. Optional Items. Pricing for any listed optional products and services in the Investment Summary will
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be valid for twelve (12) months from the Effective Date.
3. Dispute Resolution. You agree to provide us with written notice within thirty (30) days of becoming
aware of a dispute. You agree to cooperate with us in trying to reasonably resolve all disputes,
including, if requested by either party, appointing a senior representative to meet and engage in
good faith negotiations with our appointed senior representative. Senior representatives will
convene within thirty (30) days of the written dispute notice, unless otherwise agreed. All meetings
and discussions between senior representatives will be deemed confidential settlement discussions
not subject to disclosure under Federal Rule of Evidence 408 or any similar applicable state rule. If
we fail to resolve the dispute, then the parties shall participate in non-binding mediation in an effort
to resolve the dispute. If the dispute remains unresolved after mediation, then either of us may
assert our respective rights and remedies in a court of competent jurisdiction. Nothing in this
section shall prevent you or us from seeking necessary injunctive relief during the dispute resolution
procedures.
4. Taxes. The fees in the Investment Summary do not include any taxes, including, without limitation,
sales, use, or excise tax. If you are a tax-exempt entity, you agree to provide us with a tax-exempt
certificate. Otherwise, we will pay all applicable taxes to the proper authorities and you will
reimburse us for such taxes. If you have a valid direct-pay permit, you agree to provide us with a
copy. For clarity, we are responsible for paying our income taxes, both federal and state, as
applicable, arising from our performance of this Agreement.
5. Nondiscrimination. We will not discriminate against any person employed or applying for
employment concerning the performance of our responsibilities under this Agreement. This
discrimination prohibition will apply to all matters of initial employment, tenure, and terms of
employment, or otherwise with respect to any matter directly or indirectly relating to employment
concerning race, color, religion, national origin, age, sex, sexual orientation, ancestry, disability that
is unrelated to the individual's ability to perform the duties of a particular job or position, height,
weight, marital status, or political affiliation. We will post, where appropriate, all notices related to
nondiscrimination as may be required by applicable law.
6. E-Verify. We have complied, and will comply, with the E-Verify procedures administered by the U.S.
Citizenship and Immigration Services Verification Division for all of our employees assigned to your
project.
7. Subcontractors. We will not subcontract any services under this Agreement without your prior
written consent, not to be unreasonably withheld.
8. Binding Effect; No Assignment. This Agreement shall be binding on, and shall be for the benefit of,
either your or our successor(s) or permitted assign(s). Neither party may assign this Agreement
without the prior written consent of the other party; provided, however, your consent is not
required for an assignment by us as a result of a corporate reorganization, merger, acquisition, or
purchase of substantially all of our assets.
9. Force Majeure. Except for your payment obligations, neither party will be liable for delays in
performing its obligations under this Agreement to the extent that the delay is caused by Force
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Majeure; provided, however, that within ten (10) business days of the Force Majeure event, the
party whose performance is delayed provides the other party with written notice explaining the
cause and extent thereof, as well as a request for a reasonable time extension equal to the
estimated duration of the Force Majeure event.
10. No Intended Third Party Beneficiaries. This Agreement is entered into solely for the benefit of you
and us. No third party will be deemed a beneficiary of this Agreement, and no third party will have
the right to make any claim or assert any right under this Agreement. This provision does not affect
the rights of third parties under any Third Party Terms.
11. Entire Agreement; Amendment. This Agreement represents the entire agreement between you and
us with respect to the subject matter hereof, and supersedes any prior agreements, understandings,
and representations, whether written, oral, expressed, implied, or statutory. Purchase orders
submitted by you, if any, are for your internal administrative purposes only, and the terms and
conditions contained in those purchase orders will have no force or effect. This Agreement may
only be modified by a written amendment signed by an authorized representative of each party.
12. Severability. If any term or provision of this Agreement is held invalid or unenforceable, the
remainder of this Agreement will be considered valid and enforceable to the fullest extent
permitted by law.
13. No Waiver. In the event that the terms and conditions of this Agreement are not strictly enforced
by either party, such non-enforcement will not act as or be deemed to act as a waiver or
modification of this Agreement, nor will such non-enforcement prevent such party from enforcing
each and every term of this Agreement thereafter.
14. Independent Contractor. We are an independent contractor for all purposes under this Agreement.
15. Notices. All notices or communications required or permitted as a part of this Agreement, such as
notice of an alleged material breach for a termination for cause or a dispute that must be submitted
to dispute resolution, must be in writing and will be deemed delivered upon the earlier of the
following: (a) actual receipt by the receiving party; (b) upon receipt by sender of a certified mail,
return receipt signed by an employee or agent of the receiving party; (c) upon receipt by sender of
proof of email delivery; or (d) if not actually received, five (5) days after deposit with the United
States Postal Service authorized mail center with proper postage (certified mail, return receipt
requested) affixed and addressed to the other party at the address set forth on the signature page
hereto or such other address as the party may have designated by proper notice. The consequences
for the failure to receive a notice due to improper notification by the intended receiving party of a
change in address will be borne by the intended receiving party.
16. Client Lists. You agree that we may identify you by name in client lists, marketing presentations, and
promotional materials.
17. Confidentiality. Both parties recognize that their respective employees and agents, in the course of
performance of this Agreement, may be exposed to confidential information and that disclosure of
such information could violate rights to private individuals and entities, including the parties.
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Confidential information is nonpublic information that a reasonable person would believe to be
confidential and includes, without limitation, personal identifying information (e.g., social security
numbers) and trade secrets, each as defined by applicable state law. Each party agrees that it will
not disclose any confidential information of the other party and further agrees to take all reasonable
and appropriate action to prevent such disclosure by its employees or agents. The confidentiality
covenants contained herein will survive the termination or cancellation of this Agreement. This
obligation of confidentiality will not apply to information that:
(a) is in the public domain, either at the time of disclosure or afterwards, except by breach of
this Agreement by a party or its employees or agents;
(b) a party can establish by reasonable proof was in that party's possession at the time of initial
disclosure;
(c) a party receives from a third party who has a right to disclose it to the receiving party; or
(d) is the subject of a legitimate disclosure request under the open records laws or similar
applicable public disclosure laws governing this Agreement; provided, however, that in the
event you receive an open records or other similar applicable request, you will give us
prompt notice and otherwise perform the functions required by applicable law.
18. Quarantining of Client Data. Some services provided by Tyler require us to be in possession of your
Data. In the event we detect malware or other conditions associated with your Data that are
reasonably suspected of putting Tyler resources or other Tyler clients’ data at risk, we reserve the
absolute right to move your Data from its location within a multi-tenancy Tyler hosted environment
to an isolated “quarantined” environment without advance notice. Your Data will remain in such
quarantine for a period of at least six (6) months during which time we will review the Data, and all
traffic associated with the Data, for signs of malware or other similar issues. If no issues are
detected through such reviews during the six (6) month period of quarantine, we will coordinate
with you the restoration of your Data to a non-quarantined environment. In the event your Data
must remain in quarantine beyond this six (6) month period through no fault of Tyler’s, we reserve
the right to require payment of additional fees for the extended duration of quarantine. We will
provide an estimate of what those costs will be upon your request.
19. Business License. In the event a local business license is required for us to perform services
hereunder, you will promptly notify us and provide us with the necessary paperwork and/or contact
information so that we may timely obtain such license.
20. Governing Law. This Agreement will be governed by and construed in accordance with the laws of
your state of domicile, without regard to its rules on conflicts of law.
21. Multiple Originals and Authorized Signatures. This Agreement may be executed in multiple
originals, any of which will be independently treated as an original document. Any electronic, faxed,
scanned, photocopied, or similarly reproduced signature on this Agreement or any amendment
hereto will be deemed an original signature and will be fully enforceable as if an original signature.
Each party represents to the other that the signatory set forth below is duly authorized to bind that
party to this Agreement.
22. Cooperative Procurement. To the maximum extent permitted by applicable law, we agree that this
Agreement may be used as a cooperative procurement vehicle by eligible jurisdictions. We reserve
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the right to negotiate and customize the terms and conditions set forth herein, including but not
limited to pricing, to the scope and circumstances of that cooperative procurement.
23. Contract Documents. This Agreement includes the following exhibits:
Exhibit A Investment Summary
Schedule 1: Sales Quotation #2021-125343
Schedule 2: Sales Quotation #2020-119555-3
Exhibit B Invoicing and Payment Policy
Schedule 1: Business Travel Policy
Exhibit C Service Level Agreement
Schedule 1: Support Call Process
Exhibit D Third Party Terms
Schedule 1: Hyperlinked Terms
Schedule 2: DocOrigin Terms
Exhibit E Statements of Work
Schedule 1: Statement of Work for Sales Quotation #2021-125343
Schedule 2: Statement of Work for Sales Quotation #2020-119555-3
IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Agreement as
of the date(s) set forth below.
Tyler Technologies, Inc. City of La Quinta, CA
By: By:
Name: Name:
Title: Title:
Date: Date:
Address for Notices: Address for Notices:
Tyler Technologies, Inc. City of La Quinta
One Tyler Drive PO Box 1504
Yarmouth, ME 04096 La Quinta, CA 92247
Attention: Chief Legal Officer Attention: ______________________________
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Exhibit A
1
Exhibit A
Investment Summary
The following Investment Summary consists of Schedules 1 and 2 and details the software and services
to be delivered by us to you under the Agreement. This Investment Summary is effective as of the
Effective Date. Capitalized terms not otherwise defined will have the meaning assigned to such terms in
the Agreement.
Tyler sales quotations to be inserted prior to Agreement execution.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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Quoted By:Chuck Newberry
Date:9/21/2021
Quote Expiration: 5/17/2021
Quote Name:City of La Quinta-LGD-EnerGov
Quote Number: 2020-119555-2
Quote Description: Option 2 SaaS- 50 User
Sales Quotation For
City of La Quinta
PO Box 1504
La Quinta, CA 92247-1504
Phone +1 (760) 777-7000
EnerGov SaaS - Gold
Description Term Monthly Fee Users/Units Annual Fee
Core Software:
EnerGov Business Management Suite 3 $199.00 10 $23,880.00
EnerGov Community Development Suite 3 $199.00 40 $95,520.00
Extensions:
EnerGov Business Management SDK 3 $0.00 1 $0.00
EnerGov Citizen Self Service - Business Management 3 $762.00 Site License $9,143.00
EnerGov Citizen Self Service - Community Development 3 $762.00 Site License $9,143.00
EnerGov Community Development SDK 3 $0.00 1 $0.00
EnerGov Content Management API 3 $280.00 Site License $3,363.00
EnerGov Decision Engine 3 $762.00 Site License $9,143.00
EnerGov e-Reviews 3 $876.00 Site License $10,509.00
EnerGov Intelligent Automation Agent 3 $0.00 1 $0.00
EnerGov Intelligent Objects 3 $0.00 1 $0.00
EnerGov My GovPay 3 $0.00 1 $0.00
EnerGov Report Toolkit 3 $0.00 1 $0.00
EnerGov Standard Technical Support 3 $0.00 1 $0.00
EnerGov Unlimited iG Workforce App Access 3 $0.00 1 $0.00
2020-119555-2 - Option 2 SaaS- 50 User CONFIDENTIAL 1 of 5
EXHIBIT A
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EnerGov SaaS - Gold
Description Term Monthly Fee Users/Units Annual Fee
EnerGov VirtualPay 3 $0.00 1 $0.00
Tyler GIS 3 $0.00 1 $0.00
Sub-Total: $160,701.00
Less Discount: $16,466.00
TOTAL: $144,235.00
EnerGov Professional Services
Description Hours/Units Unit Price Extended Price Year One
Maintenance
Custom Report Development (3 pack)1 $9,000.00 $9,000.00 $0.00
Dynamic Reports Modifications (10 pack)1 $5,000.00 $5,000.00 $0.00
Letters and Forms Development (5 pack)1 $6,250.00 $6,250.00 $0.00
Professional Implementation Consulting 904 $185.00 $167,240.00 $0.00
Project Management Services 240 $185.00 $44,400.00 $0.00
Training & Production Support Services 200 $185.00 $37,000.00 $0.00
TOTAL: $268,890.00 $0.00
Summary One Time Fees Recurring Fees
Total Tyler Software $0.00 $0.00
Total SaaS $0.00 $144,235.00
Total Tyler Services $268,890.00 $0.00
Total 3rd Party Hardware, Software and
Services
$0.00 $0.00
Summary Total $268,890.00 $144,235.00
Year One Contract Total $413,125.00
Contract Total $701,595.00
Estimated Travel Expenses $42,500.00
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EXHIBIT A
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Optional EnerGov SaaS - Gold
Description Monthly Fee Users/Units Annual Fee
Extensions:
Tyler Cashiering $937.00 Site License $11,244.00
Tyler Content Manager Standard Edition $893.00 Site License $10,719.00
Sub-Total: $21,963.00
Less Discount: $4,393.00
TOTAL: $17,570.00
Unless otherwise indicated in the contract or amendment thereto, pricing for optional items will be held for
six (6) months from the Quote date or the Effective Date of the contract, whichever is later.
Customer Approval: Date:
Print Name: P.O. #:
All primary values quoted in US Dollars
2020-119555-2 - Option 2 SaaS- 50 User CONFIDENTIAL 3 of 5
EXHIBIT A
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Comments
Shared Services:
Tyler Technologies' implementation team will offer training and guidance during the implementation.
Tyler Technologies' EnerGov implementation team will be primarily responsible for the following implementation tasks:
•Training on how to use EnerGov
•Training and providing guidance on how to configure and maintain EnerGov
•Setup of EnerGov GIS Map
•Setup of EnerGov GIS Live Link
•Setup of CSS GIS Map (as applicable, based on contract)
•Setup of CSS ArcGIS Integration (as applicable, based on contract)
•Setup of CSS Payments (as applicable, based on contract and client having secured an appropriate payment gateway)
•Setup and testing of Tyler-to-Tyler integrations (Munis, Tyler Cashiering, Tyler Content Management, Tyler Incident Management, as applicable based on contract)
•Setup of iG Workforce licenses (as applicable, based on contract)
•EnerGov Automation Events (Intelligent Objects, standard Intelligent Queries). This covers standard automation tasks like E-mails, Tasks, Geo Rules, etc.
The client subject matter experts (SMEs) should be available approximately 25% of any given week throughout the project in order to perform configuration in addition to
scheduled time with Tyler's EnerGov consultant. These client SMEs will be responsible for the following general configuration tasks:
•EnerGov Case Type Setup (and all associated items required to configure)
•EnerGov System Setup Configuration (Holidays, Zones, Hold Types, Hearing Types, etc.)
•EnerGov Report Setup's dynamic custom fields
•EnerGov User/User Role Setup
•EnerGov Workflow/Workflow Template Setup (WF Actions, Steps, Templates, Submittal Types, Item Reviews etc.)
•CSS Experience (CSS Case Types, CSS Geo Rules, CSS Themes, Headers, Menus, Security Settings, etc.)
•EnerGov Automation Events (Intelligent Objects, standard Intelligent Queries). This covers automation tasks like E-mails, Tasks, Geo Rules, etc.
•Other configuration as desired by client
iG Workforce - iG Inspect and iG Enforce provide a mobile solution for field personnel to capture inspection and code data remotely. Tyler will assist to connect IG Apps to the
EnerGov suite, and support testing. These applications are available on iOS. The client is responsible for ensuring the app(s) are downloaded and kept up to date on client utilized
hardware.
EnerGov Software Development Kit (SDK) Implementation & Support Services provided by Tyler are limited to installation of the API and guidance to the Client's integration
development resources. Tyler does not provide integration development services for EnerGov API/SDK toolkits. The Client (or a selected third party integrator) will perform all
development work against the API/SDK.
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Comments
Decision Engine is a web-based application that utilizes yes/no questions to guide citizens through online applications. Tyler will ensure and troubleshoot the connection and
provide application configuration training. The client is responsible to design and implement the application process for the use of the Decision Engine.
Integration with Tyler Cashiering - Tyler Cashiering is a centralized Point of Sale application for Tyler products. Tyler resources will configure, test, train personnel, and support
go-live for functionality utilized by EnerGov.
In the event the Client cancels services less than three(3) weeks in advance, Client is liable to Tyler for (i) all non-refundable expenses incurred by Tyler on Client's behalf; and (ii)
daily fees associated with the cancelled services if Tyler is unable to re-assign its personnel.
Delays in completion, reviews, and/or acceptance of any deliverable by the Client will result in an increase in the duration of the project and will require a Change Order for any
additional costs associated with the delay, including but not limited to additional hours for project management, deliverable development and review.
Training Policy - The client receives and will be billed for up to 32 hours of direct interaction with Trainers. Note that this time is billed in daily blocks at 8 hours for the day.
Totaling 4 days of training time. The client will also be billed for up to 8 hours of setup and prep time. This allows our Trainers to become familiar with individual clients and their
needs. While the Training is generic, our Trainers always spend time familiarizing themselves with client environments.
It is the client's responsibility to provide and maintain the GIS services to be used by the Tyler EnerGov applications. Tyler will provide guidelines to be followed for such
services.
EnerGov e-Reviews requires Bluebeam Studio Prime, at an estimated yearly subscription cost of $3,000/100 users. Further pricing detail is available by contacting Bluebeam at
https://www.bluebeam.com/solutions/studio-prime
EnerGov monthly fees are rounded, excluding cents.
EnerGov SaaS includes up to 500GB of storage. Should additional storage be needed it may be purchased as needed at an annual fee of $3,000 per TB.
As a new Tyler client, you are entitled to a 30-day trial of the Tyler Detect cybersecurity service. Please reference https://www.tylertech.com/services/tyler-detect for more
information on the service and contact CybersecuritySales@tylertech.com to initiate the trial.
EnerGov Implementation: Tyler leads and owns the configuration of 5 unique business transactions, 5 template business transactions, 3 geo-rules, and 3 automation events
included in the application. Configuration elements beyond this will be owned by the client.
CRW TrackIT Data Conversion is being provided free of charge utiliing the Tyler DCT template.
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EXHIBIT A
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176
Exhibit B
1
Exhibit B
Invoicing and Payment Policy
We will provide you with the software and services set forth in the Investment Summary of the
Agreement. Capitalized terms not otherwise defined will have the meaning assigned to such terms in
the Agreement.
Invoicing: We will invoice you for the applicable software and services in the Investment Summary as
set forth below. Your rights to dispute any invoice are set forth in the Agreement.
1. SaaS Fees. SaaS Fees are invoiced on an annual basis, beginning on the commencement of the
initial term as set forth in Section F (1) of this Agreement. Your annual SaaS fees for the initial
term are set forth in the Investment Summary. Upon expiration of the initial term, your annual
SaaS fees will be at our then-current rates.
2. Other Tyler Software and Services.
2.1 Implementation and Other Professional Services (including training): Implementation and
other professional services (including training) are billed and invoiced as delivered, at the
rates set forth in the Investment Summary.
2.2 Consulting Services: If you have purchased any Business Process Consulting services, if they
have been quoted as fixed-fee services, they will be invoiced 50% upon your acceptance of
the Best Practice Recommendations, by module, and 50% upon your acceptance of custom
desktop procedures, by module. If you have purchased any Business Process Consulting
services and they are quoted as an estimate, then we will bill you the actual services
delivered on a time and materials basis.
2.3 Conversions: Fixed-fee conversions are invoiced 50% upon initial delivery of the converted
Data, by conversion option, and 50% upon Client acceptance to load the converted Data into
Live/Production environment, by conversion option. Where conversions are quoted as
estimated, we will bill you the actual services delivered on a time and materials basis.
2.4 Requested Modifications to the Tyler Software: Requested modifications to the Tyler
Software are invoiced 50% upon delivery of specifications and 50% upon delivery of the
applicable modification. You must report any failure of the modification to conform to the
specifications within thirty (30) days of delivery; otherwise, the modification will be deemed
to be in compliance with the specifications after the 30-day window has passed. You may
still report Defects to us as set forth in this Agreement.
2.5 Other Fixed Price Services: Other fixed price services are invoiced as delivered, at the rates
set forth in the Investment Summary. For the avoidance of doubt, where “Project Planning
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Exhibit B
2
Services” are provided, payment will be due upon delivery of the Implementation Planning
document.
2.6 Web Services: Annual fees for web services are payable in advance, commencing upon the
availability of the service. Your annual fees for the initial term are set forth in the
Investment Summary. Upon expiration of the initial term, your annual fees will be at our
then-current rates.
3. Third Party Products.
3.1 Third Party Software License Fees: License fees for Third Party Software, if any, are invoiced
when we make it available to you for downloading.
3.2 Third Party Software Maintenance: The first year maintenance for the Third Party Software
is invoiced when we make it available to you for downloading.
3.3 Third Party Hardware: Third Party Hardware costs, if any, are invoiced upon delivery.
3.4 Third Party Services: Fees for Third Party Services, if any, are invoiced as delivered, along
with applicable expenses, at the rates set forth in the Investment Summary.
4. Transaction Fees. Unless paid directly by an end user at the time of transaction, per transaction
(call, message, etc.) fees are invoiced on a quarterly basis. Fees are indicated in Schedule A and
may be increased by Tyler upon notice of no less than thirty (30) days.
5. Expenses. The service rates in the Investment Summary do not include travel expenses.
Expenses for Tyler delivered services will be billed as incurred and only in accordance with our
then-current Business Travel Policy, plus a 10% travel agency processing fee. Our current
Business Travel Policy is attached to this Exhibit B as Schedule 1. Copies of receipts will be
provided upon request; we reserve the right to charge you an administrative fee depending on
the extent of your requests. Receipts for miscellaneous items less than twenty-five dollars and
mileage logs are not available.
Payment. Payment for undisputed invoices is due within forty-five (45) days of the invoice date. We
prefer to receive payments electronically. Our electronic payment information is available by contacting
AR@tylertech.com.
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Exhibit B
Schedule 1
1
Exhibit B
Schedule 1
Business Travel Policy
1. Air Travel
A. Reservations & Tickets
The Travel Management Company (TMC) used by Tyler will provide an employee with a direct flight
within two hours before or after the requested departure time, assuming that flight does not add
more than three hours to the employee’s total trip duration and the fare is within $100 (each way)
of the lowest logical fare. If a net savings of $200 or more (each way) is possible through a
connecting flight that is within two hours before or after the requested departure time and that
does not add more than three hours to the employee’s total trip duration, the connecting flight
should be accepted.
Employees are encouraged to make advanced reservations to take full advantage of discount
opportunities. Employees should use all reasonable efforts to make travel arrangements at least
two (2) weeks in advance of commitments. A seven (7) day advance booking requirement is
mandatory. When booking less than seven (7) days in advance, management approval will be
required.
Except in the case of international travel where a segment of continuous air travel is six (6) or more
consecutive hours in length, only economy or coach class seating is reimbursable. Employees shall
not be reimbursed for “Basic Economy Fares” because these fares are non-refundable and have
many restrictions that outweigh the cost-savings.
B. Baggage Fees
Reimbursement of personal baggage charges are based on trip duration as follows:
• Up to five (5) days = one (1) checked bag
• Six (6) or more days = two (2) checked bags
Baggage fees for sports equipment are not reimbursable.
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Exhibit B
Schedule 1
2
2. Ground Transportation
A. Private Automobile
Mileage Allowance – Business use of an employee’s private automobile will be reimbursed at the
current IRS allowable rate, plus out of pocket costs for tolls and parking. Mileage will be calculated
by using the employee's office as the starting and ending point, in compliance with IRS regulations.
Employees who have been designated a home office should calculate miles from their home.
B. Rental Car
Employees are authorized to rent cars only in conjunction with air travel when cost, convenience,
and the specific situation reasonably require their use. When renting a car for Tyler business,
employees should select a “mid-size” or “intermediate” car. “Full” size cars may be rented when
three or more employees are traveling together. Tyler carries leased vehicle coverage for business
car rentals; except for employees traveling to Alaska and internationally (excluding Canada),
additional insurance on the rental agreement should be declined.
C. Public Transportation
Taxi or airport limousine services may be considered when traveling in and around cities or to and
from airports when less expensive means of transportation are unavailable or impractical. The
actual fare plus a reasonable tip (15-18%) are reimbursable. In the case of a free hotel shuttle to the
airport, tips are included in the per diem rates and will not be reimbursed separately.
D. Parking & Tolls
When parking at the airport, employees must use longer term parking areas that are measured in
days as opposed to hours. Park and fly options located near some airports may also be used. For
extended trips that would result in excessive parking charges, public transportation to/from the
airport should be considered. Tolls will be reimbursed when receipts are presented.
3. Lodging
Tyler’s TMC will select hotel chains that are well established, reasonable in price, and conveniently
located in relation to the traveler's work assignment. Typical hotel chains include Courtyard,
Fairfield Inn, Hampton Inn, and Holiday Inn Express. If the employee has a discount rate with a local
hotel, the hotel reservation should note that discount and the employee should confirm the lower
rate with the hotel upon arrival. Employee memberships in travel clubs such as AAA should be
noted in their travel profiles so that the employee can take advantage of any lower club rates.
“No shows” or cancellation fees are not reimbursable if the employee does not comply with the
hotel’s cancellation policy.
Tips for maids and other hotel staff are included in the per diem rate and are not reimbursed
separately.
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Exhibit B
Schedule 1
3
Employees are not authorized to reserve non-traditional short-term lodging, such as Airbnb, VRBO,
and HomeAway. Employees who elect to make such reservations shall not be reimbursed.
4. Meals and Incidental Expenses
Employee meals and incidental expenses while on travel status within the continental U.S. are in
accordance with the federal per diem rates published by the General Services Administration.
Incidental expenses include tips to maids, hotel staff, and shuttle drivers and other minor travel
expenses. Per diem rates are available at www.gsa.gov/perdiem.
Per diem for Alaska, Hawaii, U.S. protectorates and international destinations are provided
separately by the Department of State and will be determined as required.
A. Overnight Travel
For each full day of travel, all three meals are reimbursable. Per diems on the first and last day of a
trip are governed as set forth below.
Departure Day
Depart before 12:00 noon Lunch and dinner
Depart after 12:00 noon
Return Day
Dinner
Return before 12:00 noon Breakfast
Return between 12:00 noon & 7:00 p.m. Breakfast and lunch
Return after 7:00 p.m.* Breakfast, lunch and dinner
*7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner.
The reimbursement rates for individual meals are calculated as a percentage of the full day per diem
as follows:
Breakfast 15%
Lunch 25%
Dinner 60%
B. Same Day Travel
Employees traveling at least 100 miles to a site and returning in the same day are eligible to claim
lunch on an expense report. Employees on same day travel status are eligible to claim dinner in the
event they return home after 7:00 p.m.*
*7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner.
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Exhibit B
Schedule 1
4
5. Internet Access – Hotels and Airports
Employees who travel may need to access their e-mail at night. Many hotels provide free high
speed internet access and Tyler employees are encouraged to use such hotels whenever possible. If
an employee’s hotel charges for internet access it is reimbursable up to $10.00 per day. Charges for
internet access at airports are not reimbursable.
6. International Travel
All international flights with the exception of flights between the U.S. and Canada should be
reserved through TMC using the “lowest practical coach fare” with the exception of flights that are
six (6) or more consecutive hours in length. In such event, the next available seating class above
coach shall be reimbursed.
When required to travel internationally for business, employees shall be reimbursed for photo fees,
application fees, and execution fees when obtaining a new passport book, but fees related to
passport renewals are not reimbursable. Visa application and legal fees, entry taxes and departure
taxes are reimbursable.
The cost of vaccinations that are either required for travel to specific countries or suggested by the
U.S. Department of Health & Human Services for travel to specific countries, is reimbursable.
Section 4, Meals & Incidental Expenses, and Section 2.b., Rental Car, shall apply to this section.
CONTRACT AMENDMENT NO. 2
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Exhibit C
1
Exhibit C
Service Level Agreement
I. Agreement Overview
This SLA operates in conjunction with, and does not supersede or replace any part of, the Agreement. It
outlines the information technology service levels that we will provide to you to ensure the availability of
the application services that you have requested us to provide. All other support services are documented
in the Support Call Process.
II. Definitions. Except as defined below, all defined terms have the meaning set forth in the
Agreement.
Actual Attainment: The percentage of time the Tyler Software is available during a calendar quarter,
calculated as follows: (Service Availability – Downtime) ÷ Service Availability.
Client Error Incident: Any service unavailability resulting from your applications, content or equipment, or
the acts or omissions of any of your service users or third-party providers over whom we exercise no
control.
Downtime: Those minutes during Service Availability, as defined below, when all users cannot launch,
login, search or save primary data in the Tyler Software. Downtime does not include those instances in
which only a Defect is present.
Emergency Maintenance: (1) maintenance that is required to patch a critical security vulnerability; (2)
maintenance that is required to prevent an imminent outage of Service Availability; or (3) maintenance
that is mutually agreed upon in writing by Tyler and the Client.
Planned Downtime: Downtime that occurs during a Standard or Emergency Maintenance window.
Service Availability: The total number of minutes in a calendar quarter that the Tyler Software is capable
of receiving, processing, and responding to requests, excluding Planned Downtime, Client Error Incidents,
denial of service attacks and Force Majeure.
Standard Maintenance: Routine maintenance to the Tyler Software and infrastructure. Standard
Maintenance is limited to five (5) hours per week.
III. Service Availability
a. Your Responsibilities
Whenever you experience Downtime, you must make a support call according to the procedures outlined
in the Support Call Process. You will receive a support case number.
b. Our Responsibilities
When our support team receives a call from you that Downtime has occurred or is occurring, we will work
with you to identify the cause of the Downtime (including whether it may be the result of Planned
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Exhibit C
2
Downtime, a Client Error Incident, Denial of Service attack or Force Majeure). We will also work with you
to resume normal operations.
c. Client Relief
Our targeted Attainment Goal is 100%. You may be entitled to credits as indicated in the Client Relief
Schedule found below. Your relief credit is calculated as a percentage of the SaaS fees paid for the
calendar quarter.
In order to receive relief credits, you must submit a request through one of the channels listed in our
Support Call Process within fifteen days (15) of the end of the applicable quarter. We will respond to your
relief request within thirty (30) day(s) of receipt.
The total credits confirmed by us will be applied to the SaaS Fee for the next billing cycle. Issuing of such
credit does not relieve us of our obligations under the Agreement to correct the problem which created
the service interruption.
Client Relief Schedule
Actual Attainment Client Relief
99.99% - 99.50% Remedial action will be taken
99.49% - 98.50% 2%
98.49% - 97.50% 4%
97.49% - 96.50% 6%
96.49% - 95.50% 8%
Below 95.50% 10%
* Notwithstanding language in the Agreement to the contrary, Recovery Point Objective is one (1) hour.
IV. Maintenance Notifications
We perform Standard Maintenance during limited windows that are historically known to be reliably
low-traffic times. If and when maintenance is predicted to occur during periods of higher traffic, we will
provide advance notice of those windows and will coordinate to the greatest extent possible with you.
Not all maintenance activities will cause application unavailability. However, if Tyler anticipates that
activities during a Standard or Emergency Maintenance window may make the Tyler Software unavailable,
we will provide advance notice, as reasonably practicable that the Tyler Software will be unavailable
during the maintenance window.
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Exhibit C
Schedule 1
1
Exhibit C
Schedule 1
Support Call Process
Support Channels
Tyler Technologies, Inc. provides the following channels of software support*:
(1) Tyler Community – an on-line resource, Tyler Community provides a venue for all Tyler clients
with current maintenance agreements to collaborate with one another, share best practices and
resources, and access documentation.
(2) On-line submission (portal) – for less urgent and functionality-based questions, users may create
unlimited support incidents through the customer relationship management portal available at
the Tyler Technologies website.
(3) Email – for less urgent situations, users may submit unlimited emails directly to the software
support group.
(4) Telephone – for urgent or complex questions, users receive toll-free, unlimited telephone
software support.
* Channel availability may be limited for certain applications.
Support Resources
A number of additional resources are available to provide a comprehensive and complete support
experience:
(1) Tyler Website – www.tylertech.com – for accessing client tools and other information including
support contact information.
(2) Tyler Community – available through login, Tyler Community provides a venue for clients to
support one another and share best practices and resources.
(3) Knowledgebase – A fully searchable depository of thousands of documents related to
procedures, best practices, release information, and job aides.
(4) Program Updates – where development activity is made available for client consumption.
Support Availability
Standard Support
Tyler Technologies standard support is available during the local business hours of 8 AM to 5 PM
(Monday – Friday) across four US time zones (Pacific, Mountain, Central and Eastern). Clients may
receive coverage across these time zones. Additionally, some clients may obtain support for certain
Tyler solutions outside of standard times as further detailed below. Availability and cost of support
outside of standard times is at Tyler’s discretion. Tyler’s holiday schedule is outlined below. There will
be no standard support coverage on these days.
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Exhibit C
Schedule 1
2
New Year’s Day Thanksgiving Day
Memorial Day Day after Thanksgiving
Independence Day Christmas Day
Labor Day
Support Outside of Standard Times
For clients who obtain 24 x 7 support, we will provide you with procedures for contacting support staff
outside standard support times for reporting Priority Level 1 Defects only. Upon receipt of such a Defect
notification, we will use commercially reasonable efforts to meet the resolution targets set forth below.
For some Tyler solutions, we will also make commercially reasonable efforts to be available for one pre-
scheduled Saturday of each month to assist your IT staff with applying patches and release upgrades, as
well as consulting with them on server maintenance and configuration of the Tyler Software
environment.
Issue Handling
Incident Tracking
Every support incident is logged into Tyler’s Customer Relationship Management System and given a
unique incident number. This system tracks the history of each incident. The incident tracking number is
used to track and reference open issues when clients contact support. Clients may track incidents, using
the incident number, through the portal at Tyler’s website or by calling software support directly.
Incident Priority
Each incident is assigned a priority number, which corresponds to the client’s needs and deadlines. The
client is responsible for reasonably setting the priority of the incident per the chart below. This chart is
not intended to address every type of support incident, and certain “characteristics” may or may not
apply depending on whether the Tyler software has been deployed on customer infrastructure or the
Tyler cloud. The goal is to help guide the client towards clearly understanding and communicating the
importance of the issue and to describe generally expected responses and resolutions.
Priority
Level Characteristics of Support Incident Resolution Targets
1
Critical
Support incident that causes (a)
complete application failure or
application unavailability; (b)
application failure or unavailability in
one or more of the client’s remote
location; or (c) systemic loss of multiple
essential system functions.
Tyler shall provide an initial response to Priority
Level 1 incidents within one (1) business hour of
receipt of the support incident. Tyler shall use
commercially reasonable efforts to resolve such
support incidents or provide a circumvention
procedure within one (1) business day. For non-
hosted customers, Tyler’s responsibility for lost or
corrupted data is limited to assisting the client in
restoring its last available database.
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Exhibit C
Schedule 1
3
Priority
Level Characteristics of Support Incident Resolution Targets
2
High
Support incident that causes (a)
repeated, consistent failure of essential
functionality affecting more than one
user or (b) loss or corruption of data.
Tyler shall provide an initial response to Priority
Level 2 incidents within four (4) business hours of
receipt of the support incident. Tyler shall use
commercially reasonable efforts to resolve such
support incidents or provide a circumvention
procedure within ten (10) business days. For non-
hosted customers, Tyler’s responsibility for loss or
corrupted data is limited to assisting the client in
restoring its last available database.
3
Medium
Priority Level 1 incident with an existing
circumvention procedure, or a Priority
Level 2 incident that affects only one
user or for which there is an existing
circumvention procedure.
Tyler shall provide an initial response to Priority
Level 3 incidents within one (1) business day of
receipt of the support incident. Tyler shall use
commercially reasonable efforts to resolve such
support incidents without the need for a
circumvention procedure with the next published
maintenance update or service pack. For non-
hosted customers, Tyler’s responsibility for lost or
corrupted data is limited to assisting the client in
restoring its last available database.
4
Non-
critical
Support incident that causes failure of
non-essential functionality or a
cosmetic or other issue that does not
qualify as any other Priority Level.
Tyler shall provide an initial response to Priority
Level 4 incidents within two (2) business
days. Tyler shall use commercially reasonable
efforts to resolve such support incidents, as well as
cosmetic issues, with a future version release.
Incident Escalation
Tyler Technology’s software support consists of four levels of personnel:
(1) Level 1: front-line representatives
(2) Level 2: more senior in their support role, they assist front-line representatives and take on
escalated issues
(3) Level 3: assist in incident escalations and specialized client issues
(4) Level 4: responsible for the management of support teams for either a single product or a
product group
If a client feels they are not receiving the service needed, they may contact the appropriate Software
Support Manager. After receiving the incident tracking number, the manager will follow up on the open
issue and determine the necessary action to meet the client’s needs.
On occasion, the priority or immediacy of a software support incident may change after initiation. Tyler
encourages clients to communicate the level of urgency or priority of software support issues so that we
can respond appropriately. A software support incident can be escalated by any of the following
methods:
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Exhibit C
Schedule 1
4
(1) Telephone – for immediate response, call toll-free to either escalate an incident’s priority or to
escalate an issue through management channels as described above.
(2) Email – clients can send an email to software support in order to escalate the priority of an issue
(3) On-line Support Incident Portal – clients can also escalate the priority of an issue by logging into
the client incident portal and referencing the appropriate incident tracking number.
Remote Support Tool
Some support calls require further analysis of the client’s database, process, or setup to diagnose a
problem or to assist with a question. Tyler will, at its discretion, use an industry-standard remote
support tool. Support is able to quickly connect to the client’s desktop and view the site’s setup,
diagnose problems, or assist with screen navigation. More information about the remote support tool
Tyler uses is available upon request.
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Exhibit D
1
Exhibit D
Third Party Terms
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Exhibit D
Schedule 1
1
Exhibit D
Schedule 1
Hyperlinked Terms
Pattern Stream Terms. Your use of Pattern Stream software and services is subject to the terms found
here: https://www.tylertech.com/terms/finite-matters-ltd-consolidated-terms. By signing a Tyler
Agreement or Order Form, or accessing, installing, or using Pattern Stream software or services, you
agree that you have read, understood, and agree to such terms.
Quatred Terms. Your use of Quatred solutions is subject to the End User License Agreement terms
found here: https://www.quatred.com/eula. By signing a Tyler Agreement or Order Form, or accessing,
installing, or using Quatred solutions provided to you by Tyler, you agree that you have read,
understood, and agree to such terms.
ThinPrint Terms. Your use of Tyler Forms software and forms is subject to the End User License
Agreement terms for ThinPrint Engine, ThinPrint License Server, and Connected Gateway found
here: https://www.thinprint.com/en/legal-notes/eula/. By signing a Tyler Agreement or Order Form, or
accessing, installing, or using Tyler Forms software or forms, you agree that you have read, understood,
and agree to such terms.
Twilio Acceptable Use Policy. Your use of the Tyler solutions listed below includes functionality provided
by a Third Party Developer, Twilio. Your rights, and the rights of any of your end users, to use said
functionality are subject to the terms of the Twilio Acceptable Use Policy, available
at http://www.twilio.com/legal/aup. By signing a Tyler Agreement or Order Form, or accessing,
installing, or using any such Tyler solution, you certify that you have reviewed, understand and agree to
said terms. Tyler hereby disclaims any and all liability related to your or your end user’s failure to abide
by the terms of the Twilio Acceptable Use Policy. Any liability for failure to abide by said terms shall rest
solely with the person or entity whose conduct violated said terms.
• Electronic Warrants
• Modria
• Odyssey Notifications Add On (text notifications)
• ReadySub
• Tyler ACFR
• Tyler Notify
• Tyler Jury Manager
• Tyler Supervision
• Virtual Court
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Exhibit D
Schedule 2
1
Exhibit D
Schedule 2
DocOrigin Terms
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Exhibit D
Schedule 2
2
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Exhibit D
Schedule 2
3
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Exhibit D
Schedule 2
4
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Exhibit D
Schedule 2
5
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Exhibit D
Schedule 2
6
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Exhibit E
1
Exhibit E
Statements of Work
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Exhibit E
Schedule 1
1
Exhibit E
Schedule 1
Statement of Work for Sales Quotation #2021-125343
To be inserted prior to Agreement execution.
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Exhibit E
Schedule 2
1
Exhibit E
Schedule 2
Statement of Work for Sales Quotation #2020-119555-3
To be inserted prior to Agreement execution.
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SOW from Tyler Technologies, Inc.
5/3/2021
Presented to:
Doug Kinley
78495 Calle Tampico
La Quinta, CA 92253
Contact:
Chuck Newberry Newberry
Email: Chuck Newberry.Newberry@TylerTech.com
2160 Satellite Blvd., Suite 300, Duluth, GA 30097
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Table of Contents
PART 1: EXECUTIVE SUMMARY ............................................................................................................... 1
Project Overview ............................................................................................................................. 1
Introduction ........................................................................................................................................ 1
Project Goals ....................................................................................................................................... 1
Methodology ....................................................................................................................................... 1
PART 2: PROJECT FOUNDATION ............................................................................................................. 3
Project Governance ......................................................................................................................... 3
Project Scope Control ...................................................................................................................... 4
Managing Scope and Project Change ................................................................................................. 4
Change Control ................................................................................................................................... 4
Change Request Management ............................................................................................................ 4
Acceptance Process ......................................................................................................................... 6
Roles and Responsibilities ................................................................................................................ 6
Tyler Roles & Responsibilities ............................................................................................................. 6
Tyler Executive Sponsor .............................................................................................................. 7
Tyler Implementation Manager .................................................................................................. 7
Tyler Project Manager ................................................................................................................. 7
Tyler Implementation Consultant ............................................................................................... 8
Tyler Sales ................................................................................................................................... 8
Tyler Technical Services .............................................................................................................. 8
La Quinta Roles & Responsibilities ...................................................................................................... 9
La Quinta Executive Sponsor ....................................................................................................... 9
La Quinta Steering Committee .................................................................................................... 9
La Quinta Project Manager ....................................................................................................... 10
La Quinta Functional Leads ....................................................................................................... 11
La Quinta Power Users .............................................................................................................. 12
La Quinta End Users .................................................................................................................. 12
La Quinta Technical Lead .......................................................................................................... 12
La Quinta Change Management Lead ....................................................................................... 13
PART 3: PROJECT PLAN ........................................................................................................................... 14
Project Stages ................................................................................................................................. 14
Initiate and Plan ................................................................................................................................ 15
Initial Coordination ................................................................................................................... 15
Project/Phase Planning ............................................................................................................. 16
Infrastructure Planning ............................................................................................................. 17
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Stakeholder Meeting ................................................................................................................. 18
GIS Preparation ......................................................................................................................... 19
Control Point 1: Initiate & Plan Stage Acceptance .................................................................... 20
Assess & Define ................................................................................................................................. 21
Solution Orientation.................................................................................................................. 21
Current & Future State Analysis ................................................................................................ 22
Conversion Assessment ............................................................................................................ 23
Intentionally left blank. ............................................................................................................. 24
Intentionally left blank. ............................................................................................................. 24
Control Point 2: Assess & Define Stage Acceptance ................................................................. 24
Prepare Solution ............................................................................................................................... 24
Initial System Deployment ........................................................................................................ 25
Configuration ............................................................................................................................ 26
Process Refinement .................................................................................................................. 27
Conversion Delivery .................................................................................................................. 28
Intentionally left blank. ............................................................................................................. 30
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Control Point 3: Prepare Solution Stage Acceptance ................................................................ 30
Production Readiness ....................................................................................................................... 31
Solution Validation .................................................................................................................... 31
Go-Live Readiness ..................................................................................................................... 32
End User Training ...................................................................................................................... 33
Control Point 4: Production Readiness Stage Acceptance ........................................................ 34
Production ......................................................................................................................................... 34
Go-Live ...................................................................................................................................... 34
Transition to Client Services ...................................................................................................... 36
Post Go-Live Activities ............................................................................................................... 37
Control Point 5: Production Stage Acceptance ......................................................................... 37
Close .................................................................................................................................................. 38
Phase Closeout .......................................................................................................................... 38
Project Closeout ........................................................................................................................ 39
Control Point 6: Close Stage Acceptance .................................................................................. 40
General Assumptions ...................................................................................................................... 40
Project ............................................................................................................................................... 40
Organizational Change Management ............................................................................................... 41
Resources and Scheduling ................................................................................................................ 41
Data ................................................................................................................................................... 42
Facilities............................................................................................................................................. 42
Glossary ......................................................................................................................................... 43
PART 4: APPENDICES ............................................................................................................................... 46
Conversion ..................................................................................................................................... 46
Business Management .............................................................................................................. 46
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Community Development: Permits .......................................................................................... 46
Community Development: Code Cases..................................................................................... 47
Community Development: Plans .............................................................................................. 47
Additional Appendices ................................................................................................................ 48
Intentionally left blank. ..................................................................................................................... 48
Project Timeline .......................................................................................................................... 48
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Part 1: Executive Summary
Project Overview
Introduction
Tyler Technologies (“Tyler”) is the largest and most established provider of integrated software and
technology services focused solely on the public sector. Tyler’s end-to-end solutions empower public sector
entities including local, state, provincial and federal government, to operate more efficiently and connect
more transparently with their constituents and with each other. By connecting data and processes across
disparate systems, Tyler’s solutions transform how clients gain actionable insights that solve problems in their
communities.
Project Goals
This Statement of Work (“SOW”) documents the methodology, implementation stages, activities, and roles
and responsibilities, and project scope listed in the Investment Summary of the Agreement between Tyler
and Client (collectively the “Project”).
The overall goals of the project are to:
▪ Successfully implement the contracted scope on time and on budget
▪ Increase operational efficiencies and empower users to be more productive
▪ Improve accessibility and responsiveness to external and internal customer needs
▪ Overcome current challenges and meet future goals
▪ Providing a single, comprehensive, and integrated solution to manage business functions
▪ Provide a single, comprehensive, and integrated solution to manage business functions
▪ Provide a user-friendly user interface to promote system use and productivity
▪ Eliminate redundant data entry
Methodology
This is accomplished by La Quinta and Tyler working as a partnership and Tyler utilizing its depth of
implementation experience. While each Project is unique, all will follow Tyler’s six-stage methodology. Each
of the six stages is comprised of multiple work packages, and each work package includes a narrative
description, objectives, tasks, inputs, outputs/deliverables, assumptions, and a responsibility matrix.
Tailored specifically for Tyler’s public sector clients, the project methodology contains Stage Acceptance
Control Points throughout each Phase to ensure adherence to scope, budget, timeline controls, effective
communications, and quality standards. Clearly defined, the project methodology repeats consistently across
Phases, and is scaled to meet the Client’s complexity and organizational needs.
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The methodology adapts to both single-phase and multiple-phase projects.
To achieve Project success, it is imperative that both La Quinta and Tyler commit to including the necessary
leadership and governance. During each stage of the Project, it is expected that La Quinta and Tyler Project
teams work collaboratively to complete tasks. An underlying principle of Tyler’s Implementation process is to
employ an iterative model where La Quinta’s business processes are assessed, configured, validated, and
refined cyclically in line with the project budget. This approach is used in multiple stages and work packages
as illustrated in the graphic below.
The delivery approach is systematic, which reduces variability and mitigates risks to ensure Project success. As
illustrated, some stages, along with work packages and tasks, are intended to be overlapping by nature to
efficiently and effectively complete the Project.
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Part 2: Project Foundation
Project Governance
Project governance is the management framework within which Project decisions are made. The role of
Project governance is to provide a decision-making approach that is logical, robust, and repeatable. This
allows organizations to have a structured approach for conducting its daily business in addition to project
related activities.
This section outlines the resources required to adequately meet the business needs, objectives, and priorities
for the Project, communicate the goals to other Project participants, and provide support and guidance to
accomplish these goals. Project governance defines the structure for escalation of issues and risks, Change
Control review and authority, and Organizational Change Management activities. Throughout the Statement
of Work Tyler has provided RACI Matrices for activities to be completed throughout the implementation
which will further outline responsibilities of different roles in each stage. Further refinement of the
governance structure, related processes, and specific roles and responsibilities occurs during the Initiate &
Plan Stage.
The chart below illustrates an overall team perspective where Tyler and La Quinta collaborate to resolve
Project challenges according to defined escalation paths. In the event that project managers do not possess
authority to determine a solution, resolve an issue, or mitigate a risk, Tyler implementation management and
La Quinta Steering Committee become the escalation points to triage responses prior to escalation to La
Quinta and Tyler executive sponsors. As part of the escalation process, each Pro ject governance tier presents
recommendations and supporting information to facilitate knowledge transfer and issue resolution. La Quinta
and Tyler executive sponsors serve as the final escalation point.
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Project Scope Control
Managing Scope and Project Change
Project Management governance principles contend that there are three connected constraints on a Project:
budget, timeline, and scope. These constraints, known as the ‘triple constraints’ or Project management
triangle, define budget in terms of financial cost, labor costs, and other resource costs. Scope is defined as the
work performed to deliver a product, service or result with the specified features and functions, while time is
simply defined as the schedule. The Triple Constraint theory states that if you change one side of the triangle,
the other two sides must be correspondingly adjusted. For example, if the scope of the Project is increased,
cost and time to complete will also need to increase. The Project and executive teams will need to remain
cognizant of these constraints when making impactful decisions to the Project. A simple illustration of this
triangle is included here, showing the connection of each item and their relational impact to the overall
Scope.
A pillar of any successful project is the ability to properly manage scope while allowing the appropriate level
of flexibility to incorporate approved changes. Scope and changes within the project will be managed using
the change control process outlined in the following section.
Change Control
It may become necessary to change the scope of this Project due to unforeseeable circumstances (e.g., new
constraints or opportunities are discovered). This Project is being undertaken with the understanding that
Project scope, schedule, and/or cost may need to change in order to produce optimal results for
stakeholders. Changes to contractual requirements will follow the change control process specified in the
final contract, and as described below.
Change Request Management
Should the need for a change to Project scope, schedule, and/or cost be identified during the Project, the
change will be brought to the attention of the Steering Committee and an assessment of the change will
occur. While such changes may result in additional costs and possible delays relative to the schedule, some
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changes may result in less cost to La Quinta; for example, La Quinta may decide it no longer needs a
deliverable originally defined in the Project. The Change Request will include the following information:
▪ The nature of the change.
▪ A good faith estimate of the additional cost or associated savings to La Quinta, if any.
▪ The timetable for implementing the change.
▪ The effect on and/or risk to the schedule, resource needs or resource responsibilities.
La Quinta will use its good faith efforts to either approve or disapprove any Change Request within ten (10)
Business Days (or other period as mutually agreeable between Tyler and La Quinta). Any changes to the
Project scope, budget, or timeline must be documented and approved in writing using a Change Request
form. These changes constitute a formal amendment to the Statement of Work and will supersede any
conflicting term in the Statement of Work.
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Acceptance Process
The implementation of a Project involves many decisions to be made throughout its lifecycle. Decisions will
vary from higher level strategy decisions to smaller, detailed Project level decisions. It is critical to the success
of the Project that each La Quinta office or department designates specific individuals for making decisions on
behalf of their offices or departments.
Both Tyler and the La Quinta will identify representative project managers. These individuals will represent
the interests of all stakeholders and serve as the primary contacts between the two organizations.
The coordination of gaining client feedback and approval on Project deliverables will be critical to the success
of the Project. The La Quinta project manager will strive to gain deliverable and decision approvals from all
authorized La Quinta representatives. Given that the designated decision-maker for each department may
not always be available, there must be a designated proxy for each decision point in the Project. Assignment
of each proxy will be the responsibility of the leadership from each La Quinta department. The proxies will be
named individuals that have the authorization to make decisions on behalf of their department.
The following process will be used for accepting Deliverables and Control Points:
▪ The La Quinta shall have five (5) business days from the date of delivery, or as otherwise mutually
agreed upon by the parties in writing, to accept each Deliverable or Control Point. If the La Quinta
does not provide acceptance or acknowledgement within five (5) business days, or the otherwise
agreed upon timeframe, not to be unreasonably withheld, Tyler deems the Deliverable or Control
Point as accepted.
▪ If the La Quinta does not agree the particular Deliverable or Control Point meets requirements, the La
Quinta shall notify Tyler project manager(s), in writing, with reasoning within five (5) business days, or
the otherwise agreed-upon timeframe, not to be unreasonably withheld, of receipt of the
Deliverable.
▪ Tyler shall address any deficiencies and redeliver the Deliverable or Control Point. The La Quinta shall
then have two (2) business days from receipt of the redelivered Deliverable or Control Point to accept
or again submit written notification of reasons for rejecting the milestone. If the La Quinta does not
provide acceptance within two (2) business days, or the otherwise agreed upon timeframe, not to be
unreasonably withheld, Tyler deems the Deliverable or Control Point as accepted.
Roles and Responsibilities
The following defines the roles and responsibilities of each Project resource for La Quinta and Tyler. Roles and
responsibilities may not follow the organizational chart or position descriptions at La Quinta, but are roles
defined within the Project. It is common for individual resources on both the Tyler and client project teams to
fill multiple roles. Similarly, it is common for some roles to be filled by multiple people.
Tyler Roles & Responsibilities
Tyler assigns a project manager prior to the start of each Phase of the Project (some Projects may only be one
Phase in duration). Additional Tyler resources are assigned as the schedule develops and as needs arise.
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Tyler Executive Sponsor
Tyler executive management has indirect involvement with the Project and is part of the Tyler escalation
process. This team member offers additional support to the Project team and collaborates with other Tyler
department managers as needed in order to escalate and facilitate implementation Project tasks and
decisions.
▪ Provides clear direction for Tyler staff on executing on the Project Deliverables to align with satisfying
La Quinta ’s overall organizational strategy.
▪ Authorizes required Project resources.
▪ Resolves all decisions and/or issues not resolved at the implementation management level as part of
the escalation process.
▪ Acts as the counterpart to La Quinta ’s executive sponsor.
Tyler Implementation Manager
▪ Tyler implementation management has indirect involvement with the Project and is part of the Tyler
escalation process. The Tyler project managers consult implementation management on issues and
outstanding decisions critical to the Project. Implementation management works toward a solution
with the Tyler Project Manager or with La Quinta management as appropriate. Tyler executive
management is the escalation point for any issues not resolved at this level.
▪ Assigns Tyler Project personnel.
▪ Provides support for the Project team.
▪ Provides management support for the Project to ensure it is staffed appropriately and staff have
necessary resources.
▪ Monitors Project progress including progress towards agreed upon goals and objectives.
Tyler Project Manager
▪ The Tyler project manager(s) provides oversight of the Project, coordination of Tyler resources
between departments, management of the Project budget and schedule, effective risk and issue
management, and is the primary point of contact for all Project related items. As requested by the
client, the Tyler Project Manager provides regular updates to the client Steering Committee and
other Tyler governance members. Tyler Project Manager’s role includes responsibilities in the
following areas:
Contract Management
▪ Validates contract compliance throughout the Project.
▪ Ensures Deliverables meet contract requirements.
▪ Acts as primary point of contact for all contract and invoicing questions.
▪ Prepares and presents contract milestone sign-offs for acceptance by La Quinta project manager(s).
▪ Coordinates Change Requests, if needed, to ensure proper Scope and budgetary compliance.
Planning
▪ Delivers project planning documents.
▪ Defines Project tasks and resource requirements.
▪ Develops initial Project schedule and Project Management Plan.
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▪ Collaborates with La Quinta project manager(s) to plan and schedule Project timelines to achieve on-
time implementation.
Implementation Management
▪ Tightly manages Scope and budget of Project to ensure Scope changes and budget planned versus
actual are transparent and handled effectively and efficiently.
▪ Establishes and manages a schedule and Tyler resources that properly support the Project Schedule
and are also in balance with Scope/budget.
▪ Establishes risk/issue tracking/reporting process between La Quinta and Tyler and takes all necessary
steps to proactively mitigate these items or communicate with transparency to La Quinta any items
that may impact the outcomes of the Project.
▪ Collaborates with La Quinta ’s project manager(s) to establish key business drivers and success
indicators that will help to govern Project activities and key decisions to ensure a quality outcome of
the project.
▪ Collaborates with La Quinta ’s project manager(s) to set a routine communication plan that will aide
all Project team members, of both La Quinta and Tyler, in understanding the goals, objectives, current
status, and health of the Project.
Resource Management
▪ Acts as liaison between Project team and Tyler manager(s).
▪ Identifies and coordinates all Tyler resources across all applications, Phases, and activities including
development, forms, installation, reports, implementation, and billing.
▪ Provides direction and support to Project team.
▪ Manages the appropriate assignment and timely completion of tasks as defined in the Project
Schedule, task list, and Go-Live Checklist.
▪ Assesses team performance and adjusts as necessary.
▪ Consulted on in Scope 3rd party providers to align activities with ongoing Project tasks.
Tyler Implementation Consultant
▪ Completes tasks as assigned by the Tyler project manager(s).
▪ Documents activities for services performed by Tyler.
▪ Guides La Quinta through software validation process following configuration.
▪ Assists during Go-Live process and provides support until La Quinta transitions to Client Services.
▪ Facilitates training sessions and discussions with La Quinta and Tyler staff to ensure adequate
discussion of the appropriate agenda topics during the allotted time.
▪ May provide conversion review and error resolution assistance.
Tyler Sales
▪ Supports Sales to Implementation knowledge transfer during Initiate & Plan.
▪ Provides historical information, as needed, throughout implementation.
▪ Participates in pricing activities if additional licensing and/or services are needed.
Tyler Technical Services
▪ Maintains Tyler infrastructure requirements and design document(s).
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▪ Involved in system infrastructure planning/review(s).
▪ Provides first installation of licensed software with initial database on servers.
▪ Supports and assists the project team with technical/environmental issues/needs.
▪ Deploys Tyler products.
▪ Conducts GIS Planning.
▪ Reviews GIS data and provides feedback to the client.
▪ Loads client provided GIS data into the system.
La Quinta Roles & Responsibilities
La Quinta resources will be assigned prior to the start of each Phase of the Project. One person may be
assigned to multiple Project roles.
La Quinta Executive Sponsor
The La Quinta executive sponsor provides support to the Project by providing strategic direction and
communicating key issues about the Project and its overall importance to the organization. When called
upon, the executive sponsor also acts as the final authority on all escalated Project issues. The executive
sponsor engages in the Project, as needed, in order to provide necessary support, oversight, guidance, and
escalation, but does not participate in day-to-day Project activities. The executive sponsor empowers the La
Quinta steering committee, project manager(s), and functional leads to make critical business decisions for La
Quinta.
▪ Champions the project at the executive level to secure buy-in.
▪ Authorizes required project resources.
▪ Actively participates in organizational change communications.
La Quinta Steering Committee
The La Quinta steering committee understands and supports the cultural change necessary for the Project
and fosters an appreciation for the Project’s value throughout the organization. The steering committee
oversees the La Quinta project manager and Project as a whole through participation in regular internal
meetings. The La Quinta steering committee remains updated on all Project progress, Project decisions, and
achievement of Project milestones. The La Quinta steering committee also serves as primary level of issue
resolution for the Project.
▪ Works to resolve all decisions and/or issues not resolved at the project manager level as part of the
escalation process.
▪ Attends all scheduled steering committee meetings.
▪ Provides support for the project team.
▪ Assists with communicating key project messages throughout the organization.
▪ Prioritizes the project within the organization.
▪ Ensures the project staffed appropriately and that staff have necessary resources.
▪ Monitors project progress including progress towards agreed upon goals and objectives.
▪ Has the authority to approve or deny changes impacting the following areas:
o Cost
o Scope
o Schedule
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o Project Goals
o La Quinta Policies
o Needs of other client projects
La Quinta Project Manager
La Quinta shall assign project manager(s) prior to the start of this project with overall responsibility and
authority to make decisions related to Project Scope, scheduling, and task assignment. La Quinta Project
Manager should communicate decisions and commitments to the Tyler project manager(s) in a timely and
efficient manner. When La Quinta project manager(s) do not have the knowledge or authority to make
decisions, he or she engages the necessary resources to participate in discussions and make decisions in a
timely fashion to avoid Project delays. The client project manager(s) are responsible for reporting to client
steering committee and determining appropriate escalation points.
Contract Management
▪ Validates contract compliance throughout the project.
▪ Ensures that invoicing and Deliverables meet contract requirements.
▪ Acts as primary point of contact for all contract and invoicing questions. Collaborates on and
approves Change Requests, if needed, to ensure proper scope and budgetary compliance.
Planning
▪ Reviews and accepts project planning documents.
▪ Defines project tasks and resource requirements for La Quinta project team.
▪ Collaborates in the development and approval of the project schedule.
▪ Collaborates with Tyler project manager(s) to plan and schedule project timelines to achieve on-time
implementation.
Implementation Management
▪ Tightly manages project budget and scope.
▪ Collaborates with Tyler project manager(s) to establish a process and approval matrix to ensure that
scope changes and budget (planned versus actual) are transparent and handled effectively and
efficiently.
▪ Collaborates with Tyler project manager to establish and manage a schedule and resource plan that
properly supports the project schedule as a whole and is also in balance with scope and budget.
▪ Collaborates with Tyler project manager(s) to establish risk and issue tracking and reporting process
between La Quinta and Tyler and takes all necessary steps to proactively mitigate these items or
communicate with transparency to Tyler any items that may impact the outcomes of the project.
▪ Collaborates with Tyler project manager(s) to establish key business drivers and success indicators
that will help to govern project activities and key decisions to ensure a quality outcome of the project.
▪ Routinely communicates with both La Quinta staff and Tyler, aiding in the understanding of goals,
objectives, current status, and health of the project by all team members.
▪ Manages the requirements gathering process and ensure timely and quality business requirements
are being provided to Tyler.
Resource Management
▪ Acts as liaison between project team and stakeholders.
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▪ Identifies and coordinates all La Quinta resources across all modules, phases, and activities including
data conversions, forms design, hardware and software installation, reports building, and satisfying
invoices.
▪ Provides direction and support to project team.
▪ Builds partnerships among the various stakeholders, negotiating authority to move the project
forward.
▪ Manages the appropriate assignment and timely completion of tasks as defined.
▪ Assesses team performance and takes corrective action, if needed.
▪ Provides guidance to La Quinta technical teams to ensure appropriate response and collaboration
with Tyler Technical Support Teams in order to ensure timely response and appropriate resolution.
▪ Owns the relationship with in-Scope 3rd party providers and aligns activities with ongoing project
tasks.
▪ Ensures that users have appropriate access to Tyler project toolsets as required.
▪ Conducts training on proper use of toolsets.
▪ Validates completion of required assignments using toolsets.
La Quinta Functional Leads
▪ Makes business process change decisions under time sensitive conditions.
▪ Communicates existing business processes and procedures to Tyler consultants.
▪ Assists in identifying business process changes that may require escalation.
▪ Contributes business process expertise for Current & Future State Analysis.
▪ Identifies and includes additional subject matter experts to participate in Current & Future State
Analysis.
▪ Validates that necessary skills have been retained by end users.
▪ Provides End Users with dedicated time to complete required homework tasks.
▪ Acts as an ambassador/champion of change for the new process and provide business process
change support.
▪ Identifies and communicates any additional training needs or scheduling conflicts to La Quinta project
manager.
▪ Actively participates in all aspects of the implementation, including, but not limited to, the following
key activities:
o Task completion
o Stakeholder Meeting
o Project Management Plan development
o Schedule development
o Maintenance and monitoring of risk register
o Escalation of issues
o Communication with Tyler project team
o Coordination of La Quinta resources
o Attendance at scheduled sessions
o Change management activities
o Modification specification, demonstrations, testing and approval assistance
o Data analysis assistance
o Decentralized end user training
o Process testing
o Solution Validation
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La Quinta Power Users
▪ Participate in project activities as required by the project team and project manager(s).
▪ Provide subject matter expertise on La Quinta business processes and requirements.
▪ Act as subject matter experts and attend Current & Future State Analysis sessions as needed.
▪ Attend all scheduled training sessions.
▪ Participate in all required post-training processes as needed throughout project.
▪ Test all application configuration to ensure it satisfies business process requirements.
▪ Become application experts.
▪ Participate in Solution Validation.
▪ Adopt and support changed procedures.
▪ Complete all deliverables by the due dates defined in the project schedule.
▪ Demonstrate competency with Tyler products processing prior to Go-live.
▪ Provide knowledge transfer to La Quinta staff during and after implementation.
▪ Participate in conversion review and validation.
La Quinta End Users
▪ Attend all scheduled training sessions.
▪ Become proficient in application functions related to job duties.
▪ Adopt and utilize changed procedures.
▪ Complete all deliverables by the due dates defined in the project schedule.
▪ Utilize software to perform job functions at and beyond Go-live.
La Quinta Technical Lead
▪ Coordinates updates and releases with Tyler as needed.
▪ Coordinates the copying of source databases to training/testing databases as needed for training
days.
▪ Coordinates and adds new users, printers and other peripherals as needed.
▪ Validates that all users understand log-on process and have necessary permission for all training
sessions.
▪ Coordinates interface development for La Quinta third party interfaces.
▪ Develops or assists in creating reports as needed.
▪ Ensures on-site system meets specifications provided by Tyler.
▪ Assists with software installation as needed.
▪ Extracts and transmits conversion data and control reports from La Quinta’s legacy system per the
conversion schedule set forth in the project schedule.
La Quinta GIS
▪ Participates in GIS planning activities.
▪ Responsible for management and maintenance of La Quinta GIS infrastructure and data.
▪ Ensures GIS data/service endpoints are in alignment with Tyler software requirements.
▪ Provides Tyler implementation team with GIS data/service access information.
La Quinta Upgrade Coordination
▪ Becomes familiar with the software upgrade process and required steps.
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▪ Becomes familiar with Tyler’s releases and updates.
▪ Utilizes Tyler resources to stay abreast of the latest Tyler releases and updates, as well as the latest
helpful tools to manage La Quinta’s software upgrade process.
▪ Assists with the software upgrade process during implementation.
▪ Manages software upgrade activities post-implementation.
▪ Manages software upgrade plan activities.
▪ Coordinates software upgrade plan activities with La Quinta and Tyler resources.
▪ Communicates changes affecting users and department stakeholders.
▪ Obtains department stakeholder acceptance to upgrade production environment.
La Quinta Change Management Lead
▪ Validates that users receive timely and thorough communication regarding process changes.
▪ Provides coaching to supervisors to prepare them to support users through the project changes.
▪ Identifies the impact areas resulting from project activities and develops a plan to address them
proactively.
▪ Identifies areas of resistance and develops a plan to reinforce the change.
▪ Monitors post-production performance and new process adherence.
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Part 3: Pro ject Plan
Project Stages
Work Breakdown Structure
The Work Breakdown Structure (WBS) is a hierarchical representation of a Project or Phase broken down into
smaller, more manageable components. The top-level components are called “Stages” and the second level
components are called “Work Packages”. The work packages, shown below each stage, contain the high-level
work to be done. The detailed Project Schedule, developed during Project/Phase Planning and finalized during
subsequent stages, lists the tasks to be completed within each work package. Each stage ends with a “Control
Point”, confirming the work performed during that stage of the Project has been accepted by La Quinta.
*Items noted with an asterisk in the graphic above relate to specific products and services. If those products and services are not included in the scope
of the contract, these specific work packages will be noted as “Intentionally Left Blank” in Section 6 of the Statement of Work.
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Initiate and Plan
The Initiate and Plan stage involves Project initiation, infrastructure, and planning. This stage creates a
foundation for the Project by identifying and establishing sequence and timing for each Phase as well as
verifying scope for the Project. This stage will be conducted at the onset of the Project, with a few unique
items being repeated for the additional Phases as needed.
Initial Coordination
Prior to Project commencement, Tyler management assigns project manager(s). Additional Project resources
will be assigned later in the Project as a Project schedule is developed. Tyler provides La Quinta with initial
Project documents used to gather names of key personnel, their functional role as it pertains to the Project,
as well as any blackout dates to consider for future planning. La Quinta gathers the information requested by
the provided deadline ensuring preliminary planning and scheduling can be conducted moving the Project
forward in a timely fashion. Internally, the Tyler Project Manager(s) coordinate with sales to ensure transfer
of vital information from the sales process prior to scheduling a Project Planning Meeting with La Quinta’s
team. During this step, Tyler will work with La Quinta to establish the date(s) for the Project and Phase
Planning session.
Objectives:
▪ Formally launch the project.
▪ Establish project governance.
▪ Define and communicate governance for Tyler.
▪ Identify client project team.
STAGE 1 Initial Coordination
Tyler Client
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Tyler project team is assigned A R C I I I I I I
Client project team is assigned A I R I I I
Provide initial project
documents to La Quinta
A R C C I I
Gather preliminary information
requested
I A R C C C C
Sales to implementation
knowledge transfer
A R I I I I I
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Create Project Portal to store
project artifacts and facilitate
communication
A R I
Inputs Contract documents
Statement of Work
Outputs/Deliverables Completed initial project documents
Project portal
Work package assumptions:
▪ Project activities begin after the agreement has been fully executed.
Project/Phase Planning
Project and Phase planning provides an opportunity to review the contract, software, data conversions and
services purchased, identify applications to implement in each Phase (if applicable), and discuss
implementation timeframes.
During this work package Tyler will work with La Quinta to coordinate and plan a formal Project planning
meeting(s). This meeting signifies the start of the Project and should be attended by all La Quinta Project
team members and the Tyler Project Manager. The meeting provides an opportunity for Tyler to introduce its
implementation methodology, terminology, and Project management best practices to La Quinta’s Project
Team. This will also present an opportunity for project managers and Project sponsors to begin to discuss
Project communication, metrics, status reporting and tools to be used to measure Project progress and
manage change.
Tyler will work with the La Quinta Project Team to prepare and deliver the Project Management Plan as an
output of the planning meeting. This plan will continue to evolve and grow as the Project progresses and will
describe how the project will be executed, monitored, and controlled.
During project planning, Tyler will introduce the tools that will be used throughout the implementation. Tyler
will familiarize the client with these tools during project planning and make them available for review and
maintenance as applicable throughout the project. Some examples are Solution validation plan, issue log, and
go-live checklist.
STAGE 1 Project/Phase Planning
Tyler Client
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RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Schedule and
conduct planning
session(s)
A R I C C I
Develop Project
Management Plan
A R I C C I
Develop initial
project schedule
A R I I I I I I C C I I C I
Inputs Contract documents
Statement of Work
Guide to Starting Your Project
Outputs / Deliverables Acceptance Criteria [only] for Deliverables
Project Management Plan Delivery of document
Project Operational Plan Delivery of document
Initial Project Schedule La Quinta provides acceptance of schedule
based on resource availability, project
budget, and goals.
Work package assumptions:
▪ La Quinta has reviewed and completed the Guide to Starting Your Project document.
Infrastructure Planning
Procuring required hardware and setting it up properly is a critical part of a successful implementation. This
task is especially important for Tyler-hosted/SaaS deployment models. Tyler will be responsible for building
the environments for a hosted/SaaS deployment, unless otherwise identified in the Agreement. Tyler will
install Licensed Software on application server(s) or train La Quinta to install License Software. The La Quinta
is responsible for the installation and setup of all peripheral devices.
Objectives:
▪ Ensure La Quinta’s infrastructure meets Tyler’s application requirements.
▪ Ensure La Quinta’s infrastructure is scheduled to be in place and available for use on time.
STAGE 1 Infrastructure Planning
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Tyler Client
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Provide Infrastructure
Requirements and Design
Document
A R C C I I
Initial Infrastructure
Meeting A R C C C C
*Schedule SaaS
Environment Availability A R C I
*Schedule Hardware to
be Available for
Installation
I I A R C
Schedule Installation of
All Licensed Software A R C I I
Infrastructure Audit A R C I C
Inputs 1. Initial Infrastructure Requirements and Design Document
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
1. Completed Infrastructure Requirements
and Design Document
Delivery of Document
2. Infrastructure Audit System Passes Audit Criteria
Work package assumptions:
▪ La Quinta will maintain environment (or virtual environment) for On-Premise deployments.
Stakeholder Meeting
Communication of the Project planning outcomes to the La Quinta Project team, executives and other key
stakeholders is vital to Project success. The Stakeholder meeting is a strategic activity to inform, engage, gain
commitment, and instill confidence in the La Quinta team. During the meeting, the goals and objectives of the
Project will be reviewed along with detail on Project scope, implementation methodology, roles and
responsibilities, Project timeline and schedule, and keys to Project success.
Objectives:
▪ Formally present and communicate the project activities and timeline.
▪ Communicate project expectations.
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STAGE 1 Stakeholder Meeting
Tyler Client
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Create Stakeholder
Meeting Presentation I A R I I I I C I
Review Stakeholder
Meeting Presentation I C A R C
Perform Stakeholder
Meeting Presentation I A R I I I I C I I I I I I
Inputs Agreement
SOW
Project Management Plan
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Stakeholder Meeting Presentation
Work package assumptions:
▪ None
GIS Preparation
GIS data is a core part of many Tyler applications. Other La Quinta offices/products may also use this data and
have different GIS requirements. A key focus of this preparation will be the process for developing the GIS
data for use with Tyler applications. This can be an iterative process, so it is important to begin preparation
early.
Objectives:
▪ Identify all La Quinta GIS data sources and formats.
▪ Tyler to understand La Quinta’s GIS needs and practices.
▪ Ensure La Quinta’s GIS data meets Tyler product requirements.
STAGE 1 GIS Preparation
Tyler Client
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RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Initial GIS Planning
Meeting A R C C C
Determine all GIS Data
Sources I I A R C
Provide Source GIS Data I I A R C
Review GIS Data and
Provide Feedback A R C I C
Inputs GIS Requirements Document
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Production Ready Map Data Meets Tyler GIS Requirements.
Work package assumptions:
▪ GIS data provided to Tyler is accurate and complete.
▪ GIS data provided to Tyler is current.
▪ La Quinta is responsible for maintaining the GIS data.
Control Point 1: Initiate & Plan Stage Acceptance
Acceptance criteria for this stage includes completion of all criteria listed below.
Note: Advancement to the Assess & Define stage is not dependent upon Tyler’s receipt of this stage
acceptance.
Initiate & Plan Stage Deliverables:
▪ Project Management Plan
▪ Initial Project Schedule
Initiate & Plan stage acceptance criteria:
▪ All stage deliverables accepted based on acceptance criteria previously defined
▪ Project governance defined
▪ Project portal made available to La Quinta
▪ Stakeholder meeting complete
▪ GIS Data Production Ready
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▪ Completed Infrastructure Requirements and Design Document
▪ System Passes Infrastructure Audit (as applicable)
Assess & Define
The Assess & Define stage will provide an opportunity to gather information related to current La Quinta
business processes. This information will be used to identify and define business p rocesses utilized with Tyler
software. La Quinta collaborates with Tyler providing complete and accurate information to Tyler staff and
assisting in analysis, understanding current workflows and business processes.
Solution Orientation
The Solution Orientation provides the Project stakeholders a high-level understanding of the solution
functionality prior to beginning the current and future state analysis. The primary goal is to establish a
foundation for upcoming conversations regarding the design and configuration of the solution.
Tyler utilizes a variety of tools for the Solution Orientation, focusing on La Quinta team knowledge transfer
such as: eLearning, documentation, or walkthroughs. The La Quinta team will gain a better understanding of
the major processes and focus on data flow, the connection between configuration options and outcome,
integration, and terminology that may be unique to Tyler’s solution.
Objectives:
▪ Provide a basic understanding of system functionality.
▪ Prepare La Quinta for current and future state analysis.
STAGE 2 Solution Orientation
Tyler Client
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Provide pre-requisites A R I I I I I
Complete pre-requisites A R C C
Conduct orientation A R I I I I I
Inputs Solution orientation materials
Training Plan
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Current & Future State Analysis
The Current & Future State Analysis provides the Project stakeholders and Tyler an understanding of process
changes that will be achieved with the new system.
La Quinta and Tyler will evaluate current state processes, options within the new software, pros and cons of
each based on current or desired state and make decisions about the future state configuration and
processing. This may occur before or within the same timeframe as the configuration work package. The
options within the new software will be limited to the scope of this implementation and will make use of
standard Tyler functionality.
The La Quinta will adopt the existing Tyler solution wherever possible to avoid project schedule and quality
risk from over customization of Tyler products. It is the client’s responsibility to verify that in-scope
requirements are being met throughout the implementation if functional requirements are defined as part of
the contract. The following guidelines will be followed when evaluating if a modification to the product is
required:
▪ A reasonable business process change is available.
▪ Functionality exists which satisfies the requirement.
▪ Configuration of the application satisfies the requirement.
▪ An in-scope modification satisfies the requirement.
Requirements that are not met will follow the agreed upon change control process and can have impacts on
the project schedule, scope, budget and resource availability.
STAGE 2 Current & Future State Analysis
Tyler Client
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Current State process
review A R I I I C C C C C
Discuss future-state
options A R C C C C C C C C
Make future-state
decisions (non-COTS) C C C C C A R I C C
Document anticipated
configuration options
required to support
future state
A R C C C I I I I I
Inputs Client current state documentation
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Solution Orientation completion
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Documentation that describes future-state
decisions and configuration options to support
future-state decisions.
Delivery of document
Work package assumptions:
▪ La Quinta attendees possess sufficient knowledge and authority to make future state decisions.
▪ La Quinta is responsible for any documentation of current state business processes.
▪ Client is able to effectively communicate current state processes.
Conversion Assessment
Data Conversions are a major effort in any software implementation. Tyler’s conversion tools facilitate the
predictable, repeatable conversion process that is necessary to support a successful transition to the Tyler
system. The first step in this process is to perform an assessment of the existing (“legacy”) system(s), to
better understand the source data, risks, and options available. Once the data has been analyzed, the plan for
data conversion is completed and communicated to the appropriate stakeholders.
Objectives:
▪ Communicate a common understanding of the project goals with respect to data.
▪ Ensure complete and accurate source data is available for review/transfer.
▪ Map the data from the source to the Tyler system.
▪ Document the data conversion/loading approach.
STAGE 2 Data Conversion Assessment
Tyler Client
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Extract Data from Source
Systems I C A R
Complete Data
Analysis/Mapping A R C C I C C I
Review and Scrub Source
Data I I I A R C I
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Build/Update Data
Conversion Plan R C C C I I I I
Inputs Client Source data
Client Source data Documentation (if available)
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Data Conversion Plan built/updated Client Acceptance of Data Conversion Plan, if
Applicable
Work package assumptions:
▪ Tyler will be provided with data from the Legacy system(s) in a mutually agreed upon format.
▪ Tyler will work with La Quinta representatives to identify business rules before writing the
conversion.
▪ La Quinta subject matter experts and resources most familiar with the current data will be involved in
the data conversion planning effort.
Intentionally left blank.
Intentionally left blank.
Control Point 2: Assess & Define Stage Acceptance
Acceptance criteria for this Stage includes completion of all criteria listed below.
Note: Advancement to the Prepare Solution Stage is dependent upon Tyler’s receipt of the Stage Acceptance.
Assess & Define Stage Deliverables:
▪ Documentation of future state decisions and configuration options to support future state decisions.
▪ Modification specification document.
▪ Assess & Define Stage Acceptance Criteria:
▪ All stage deliverables accepted based on criteria previously defined.
▪ Solution Orientation is delivered.
▪ Conversion data extracts are received by Tyler.
▪ Data conversion plan built.
Prepare Solution
During the Prepare Solution stage, information gathered during the Initiate & Plan and Assess & Define stages
will be used to install and configure the Tyler software solution. Software configuration will be validated by
the client against future state decisions defined in previous stages and processes refined as needed to ensure
business requirements are met.
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Initial System Deployment
The timely availability of the Tyler Solution is important to a successful Project implementation. The success
and timeliness of subsequent work packages are contingent upon the initial system deployment of Tyler
Licensed Software on an approved network and infrastructure. Delays in executing this work package can
affect the project schedule.
Objectives:
▪ All licensed software is installed and operational.
▪ La Quinta is able to access the software.
STAGE 3 Initial System Deployment (Hosted/SaaS)*
Tyler Client
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Prepare hosted
environment A R I C
Install Licensed
Software with
Initial Database on
Server(s) for
Included
Environments
A R I C
Install Licensed
Software on Client
Devices (if
applicable)
I C A R
Tyler System
Administration
Training (if
applicable)
A R I C
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Licensed Software is Installed on the Server(s) Software is accessible
Licensed Software is Installed on Clients (if
applicable)
Software is accessible
Installation Checklist/System Document System Passes
Infrastructure Design Document (C&J – If
Applicable)
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Work package assumptions:
▪ The most current generally available version of the Tyler Licensed Software will be installed.
▪ La Quinta will provide network access for Tyler modules, printers, and Internet access to all applicable
La Quinta and Tyler Project staff.
Configuration
The purpose of Configuration is to prepare the software product for validation.
Tyler staff collaborates with La Quinta to complete software configuration based on the outputs of the future
state analysis performed during the Assess and Define Stage. La Quinta collaborates with Tyler staff iteratively
to validate software configuration.
Objectives:
▪ Software is ready for validation.
▪ Educate La Quinta Power User how to configure and maintain software.
▪ Prepare standard interfaces for process validation (if applicable).
STAGE 3 Configuration
Tyler Client
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Conduct configuration
training A R I C C
Complete Tyler
configuration tasks
(where applicable)
A R I I I
Complete Client
configuration tasks
(where applicable)
I C A R C
Standard interfaces
configuration and
training (if applicable)
A R C I C C C
Updates to Solution
Validation testing plan C C A R C C
Inputs Documentation that describes future state decisions and configuration options to support future
state decisions.
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Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Configured System N/A
Work package assumptions:
▪ Tyler provides guidance for configuration options available within the Tyler software. La Quinta is
responsible for making decisions when multiple options are available.
Process Refinement
Tyler will educate the La Quinta users on how to execute processes in the system to prepare them for the
validation of the software. La Quinta collaborates with Tyler staff iteratively to validate software configuration
options to support future state.
Objectives:
▪ Ensure that La Quinta understands future state processes and how to execute the processes in the
software.
▪ Refine each process to meet the business requirements.
▪ Validate standard interfaces, where applicable.
▪ Validate forms and reports, where applicable.
STAGE 3 Process Refinement
Tyler Client
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Conduct process
training A R I C I C
Confirm process
decisions I C A R C I C
Test configuration I C A R C
Refine
configuration
(Client
Responsible)
I C A R C
Refine
configuration (Tyler
Responsible)
A R I I I
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Validate interface
process and results I C C A R C C
Update client-
specific process
documentation (if
applicable)
I C A R C
Updates to
Solution Validation
testing plan
C C A R C C
Inputs Initial Configuration
Documentation that describes future state decisions and configuration options to support
future state decisions.
Solution validation test plan
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Updated solution validation test plan
Completed client-specific process
documentation (completed by La Quinta)
Work package assumptions:
▪ None
Conversion Delivery
The purpose of this task is to transition the La Quinta’s data from their source (“legacy”) system(s) to the
Tyler system(s). The data will need to be mapped from the legacy system into the new Tyler system format. A
well-executed data conversion is key to a successful cutover to the new system(s).
With guidance from Tyler, the La Quinta will review specific data elements within the system and identify /
report discrepancies. Iteratively, Tyler will collaborate with the La Quinta to address conversion discrepancies.
This process will allow for clean, reconciled data to transfer from the source system(s) to the Tyler system(s).
Reference Conversion Appendix for additional detail.
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Objectives:
▪ Data is ready for production (Conversion).
STAGE 3 Data Delivery & Conversion
Tyler Client
RACI MATRIX
KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Provide data
crosswalks/code
mapping tool
A C R I I I
Populate data
crosswalks/code
mapping tool
I C C A R C
Iterations:
Conversion
Development
A C R I I
Iterations:
Deliver
converted data
A R I I I
Iterations:
Proof/Review
data and
C C C A R C C
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reconcile to
source system
Inputs
Data Conversion Plan
Configuration
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Code Mapping Complete / Validated N/A
Conversion Iterations / Reviews Complete Conversion complete, verified and ready for
final pass
Work package assumptions:
▪ The La Quinta will provide a single file layout per source system as identified in the investment
summary.
▪ The La Quinta subject matter experts and resources most familiar with the current data will be
involved in the data conversion effort.
▪ The La Quinta project team will be responsible for completing the code mapping activity, with
assistance from Tyler.
Intentionally left blank.
Intentionally left blank.
Control Point 3: Prepare Solution Stage Acceptance
Acceptance criteria for this Stage includes all criteria listed below in each Work Package.
Note: Advancement to the Production Readiness Stage is dependent upon Tyler’s receipt of the Stage
Acceptance.
Prepare Solution Stage Deliverables:
▪ Licensed software is installed.
▪ Installation checklist/system document.
▪ Conversion iterations and reviews complete.
Prepare Solution Stage Acceptance Criteria:
▪ All stage deliverables accepted based on criteria previously defined.
▪ Software is configured.
▪ Solution validation test plan has been reviewed and updated if needed.
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Production Readiness
Activities in the Production Readiness stage will prepare the client team for go-live through solution
validation, the development of a detailed go-live plan and end user training. A readiness assessment will be
conducted with the client to review the status of the project and the organizations readiness for go-live.
Solution Validation
Solution Validation is the end-to-end software testing activity to ensure that La Quinta verifies all aspects of
the Project (hardware, configuration, business processes, etc.) are functioning properly, and validates that all
features and functions per the contract have been deployed for system use.
Objectives:
▪ Validate that the solution performs as indicated in the solution validation plan.
▪ Ensure La Quinta organization is ready to move forward with go-live and training (if applicable).
STAGE 4 Solution Validation
Tyler Client
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Update Solution
Validation plan A R C C C C
Update test scripts (as
applicable) C C C A R C
Perform testing C C C A R C
Document issues from
testing C C C A R C
Perform required follow-
up on issues A R C C C C
Inputs Solution Validation plan
Completed work product from prior stages (configuration, business process, etc.)
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Solution Validation Report La Quinta updates report with testing results
Work package assumptions:
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▪ Designated testing environment has been established.
▪ Testing includes current phase activities or deliverables only.
Go-Live Readiness
Tyler and La Quinta will ensure that all requirements defined in Project planning have been completed and
the Go-Live event can occur, as planned. A go-live readiness assessment will be completed identifying risks or
actions items to be addressed to ensure the client has considered its ability to successfully Go-Live. Issues and
concerns will be discussed and mitigation options documented. Tyler and La Quinta will jointly agree to move
forward with transition to production. Expectations for final preparation and critical dates for the weeks
leading into and during the Go-Live week will be planned in detail and communicated to Project teams.
Objectives:
▪ Action plan for go-live established.
▪ Assess go-live readiness.
▪ Stakeholders informed of go-live activities.
STAGE 4 Go-Live Readiness
Tyler Client
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Perform Readiness
Assessment I A R C C I C I I I I I I
Conduct Go-Live planning
session A R C C C C C C C
Order peripheral
hardware (if applicable) I A R C
Confirm procedures for
Go-Live issue reporting &
resolution
A R I I I I C C I I I I I
Develop Go-Live checklist A R C C C C I C C
Final system
infrastructure review
(where applicable)
A R C C
Inputs Future state decisions
Go-live checklist
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
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Updated go-live checklist Updated Action plan and Checklist for go-live
delivered to La Quinta
Work package assumptions:
▪ None
End User Training
End User Training is a critical part of any successful software implementation. Using a training plan previously
reviewed and approved, the Project team will organize and initiate the training activities.
Train the Trainer: Tyler provides one occurrence of each scheduled training or implementation topic. La
Quinta users who attended the Tyler sessions may train additional users. Additional Tyler led sessions may be
contracted at the applicable rates for training.
Tyler will provide standard application documentation for the general use of the software. It is not Tyler’s
responsibility to develop client specific business process documentation. Client-led training labs using client
specific business process documentation if created by the client can be added to the regular training
curriculum, enhancing the training experiences of the end users.
Objectives:
▪ End users are trained on how to use the software prior to go-live.
▪ La Quinta is prepared for on-going training and support of the application.
STAGE 4 End User Training
Tyler Client
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Update training plan A R C C I C
End User training (Tyler-
led) A R C C C I C C C
Train-the-trainer A R C C C I C
End User training (Client-
led) C C A R I C C C
Inputs Training Plan
List of End Users and their Roles / Job Duties
Configured Tyler System
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Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
End User Training La Quinta signoff that training was delivered
Work package assumptions:
▪ The La Quinta project team will work with Tyler to jointly develop a training curriculum that identifies
the size, makeup, and subject-area of each of the training classes.
▪ Tyler will work with La Quinta as much as possible to provide end-user training in a manner that
minimizes the impact to the daily operations of La Quinta departments.
▪ La Quinta will be responsible for training new users after go-live (exception—previously planned or
regular training offerings by Tyler).
Control Point 4: Production Readiness Stage Acceptance
Acceptance criteria for this stage includes all criteria listed below. Advancement to the Production stage is
dependent upon Tyler’s receipt of the stage acceptance.
Production Readiness stage deliverables:
▪ Solution Validation Report.
▪ Update go-live action plan and checklist.
▪ End user training.
Production Readiness stage acceptance criteria:
▪ All stage deliverables accepted based on criteria previously defined.
▪ Go-Live planning session conducted.
Production
Following end user training the production system will be fully enabled and made ready for daily operational
use as of the scheduled date. Tyler and La Quinta will follow the comprehensive action plan laid out during
Go-Live Readiness to support go-live activities and minimize risk to the Project during go-live. Following go-
live, Tyler will work with La Quinta to verify that implementation work is concluded, post go-live activities are
scheduled, and the transition to Client Services is complete for long-term operations and maintenance of the
Tyler software.
Go-Live
Following the action plan for Go-Live, defined in the Production Readiness stage, La Quinta and Tyler will
complete work assigned to prepare for Go-Live.
La Quinta provides final data extract and Reports from the Legacy System for data conversion and Tyler
executes final conversion iteration, if applicable. If defined in the action plan, La Quinta manually enters any
data added to the Legacy System after final data extract into the Tyler system.
Tyler staff collaborates with La Quinta during Go-Live activities. La Quinta transitions to Tyler software for
day-to day business processing.
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Some training topics are better addressed following Go-Live when additional data is available in the system or
based on timing of applicable business processes and will be scheduled following Go-Live per the Project
Schedule.
Objectives:
▪ Execute day to day processing in Tyler software.
▪ Client data available in Production environment.
STAGE 5 Go-Live
Tyler Client
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Provide final source data
extract, if applicable C C A R
Final source data pushed
into production
environment, if
applicable
A C R I C C C
Proof final converted
data, if applicable C C C A R C
Complete Go-Live
activities as defined in
the Go-Live action plan
C C C A R C I C
Provide Go-Live
assistance A R C C I C C I C I C
Inputs Comprehensive Action Plan for Go-Live
Final source data (if applicable)
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Data is available in production environment Client confirms data is available in production
environment
Work package assumptions:
▪ La Quinta will complete activities documented in the action plan for Go-Live as scheduled.
▪ External stakeholders will be available to assist in supporting the interfaces associated with the Go -
Live live process.
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▪ The Client business processes required for Go-Live are fully documented and tested.
▪ The La Quinta Project team and subject matter experts are the primary point of contact for the end
users when reporting issues during Go-Live.
▪ The La Quinta Project Team and Power User’s provide business process context to the end users
during Go-Live.
▪ The Tyler Go-Live support team is available to consult with the La Quinta teams as necessary.
▪ The Tyler Go-Live support team provides standard functionality responses, which may not be tailored
to the local business processes.
Transition to Client Services
This work package signals the conclusion of implementation activities for the Phase or Project with the
exception of agreed-upon post Go-Live activities. The Tyler project manager(s) schedules a formal transition
of La Quinta onto the Tyler Client Services team, who provides La Quinta with assistance following Go-Live,
officially transitioning La Quinta to operations and maintenance.
Objectives:
▪ Ensure no critical issues remain for the project teams to resolve.
▪ Confirm proper knowledge transfer to La Quinta teams for key processes and subject areas.
STAGE 5 Transition to Client Services
Tyler Client
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Transfer client to Client
Services and review
issue reporting and
resolution processes
I I A I I R I I C C C
Review long term
maintenance and
continuous
improvement
A R C C C
Inputs Open item/issues List
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Client Services Support Document
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Work package assumptions:
▪ No material project issues remain without assignment and plan.
Post Go-Live Activities
Some implementation activities are provided post-production due to the timing of business processes, the
requirement of actual production data to complete the activities, or the requirement of the system being
used in a live production state.
Objectives:
▪ Schedule activities that are planned for after Go-Live.
▪ Ensure issues have been resolved or are planned for resolution before phase or project close.
STAGE 5 Post Go-Live Activities
Tyler Client
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Schedule contracted
activities that are
planned for delivery
after go-live
A R C C C C I C C I C C
Determine resolution
plan in preparation for
phase or project close
out
A R C C C I C C I C
Inputs List of post Go-Live activities
Outputs /
Deliverables
Acceptance Criteria [only] for
Deliverables
Updated issues log
Work package assumptions:
▪ System is being used in a live production state.
Control Point 5: Production Stage Acceptance
Acceptance criteria for this Stage includes completion of all criteria listed below:
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▪ Advancement to the Close stage is not dependent upon Tyler’s receipt of this Stage Acceptance.
▪ Converted data is available in production environment.
Production Stage Acceptance Criteria:
▪ All stage deliverables accepted based on criteria previously defined.
▪ Go-Live activities defined in the Go-Live action plan completed.
▪ Client services support document is provided.
Close
The Close stage signifies full implementation of all products purchased and encompassed in the Phase or
Project. La Quinta transitions to the next cycle of their relationship with Tyler (next Phase of implementation
or long-term relationship with Tyler Client Services).
Phase Closeout
This work package represents Phase completion and signals the conclusion of implementation activities for
the Phase. The Tyler Client Services team will assume ongoing support of La Quinta for systems implemented
in the Phase.
Objectives:
▪ Agreement from Tyler and La Quinta teams that activities within this phase are complete.
STAGE 6 Phase Close Out
Tyler Client
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Reconcile project budget
and status of contract
Deliverables
I A R I I C
Hold post phase review
meeting A R C C C C C C C C C
Release phase-
dependent Tyler project
resources
A R I I
Participants Tyler Client
Project Leadership Project Manager
Project Manager Project Sponsor(s)
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Implementation Consultants Functional Leads, Power Users,
Technical Leads
Technical Consultants (Conversion, Deployment,
Development)
Client Services
Inputs Contract
Statement of Work
Project artifacts
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Final action plan (for outstanding items)
Reconciliation Report
Post Phase Review
Work package assumptions:
▪ Tyler deliverables for the phase have been completed.
Project Closeout
Completion of this work package signifies final acceptance and formal closing of the Project.
At this time La Quinta may choose to begin working with Client Services to look at continuous improvement
Projects, building on the completed solution.
Objectives:
▪ Confirm no critical issues remain for the project teams to resolve.
▪ Determine proper knowledge transfer to La Quinta teams for key processes and subject areas has
occurred.
▪ Verify all deliverables included in the Agreement are delivered.
STAGE 6 Project Close Out
Tyler Client
RACI MATRIX KEY:
R = Responsible
A = Accountable
C = Consulted
I = Informed Executive Manager Implementation Manager Project Manager Implementation Consultant Data Experts Modification Services Technical Services Client Services Executive Sponsor Steering Committee Project Manager Functional Leads Change Management Leads Subject Matter Experts (Power Users) Department Heads End Users Technical Leads Conduct post project
review A R C C C C C C C C C
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Deliver post project
report to La Quinta and
Tyler leadership
I A R I I C
Release Tyler project
resources A R I I
Inputs Contract
Statement of Work
Outputs /
Deliverables
Acceptance Criteria [only] for Deliverables
Post Project Report Client acceptance; Completed report indicating
all project Deliverables and milestones have
been completed
Work package assumptions:
▪ All project implementation activities have been completed and approved.
▪ No critical project issues remain that have not been documented and assigned.
▪ Final project budget has been reconciled and invoiced.
▪ All Tyler deliverables have been completed.
Control Point 6: Close Stage Acceptance
Acceptance criteria for this Stage includes completion of all criteria listed below.
Close Stage Deliverables:
▪ Post Project Report.
Close Stage Acceptance Criteria:
▪ Completed report indicating all Project deliverables and milestones have been completed.
General Assumptions
Tyler and La Quinta will use this SOW as a guide for managing the implementation of the Tyler Project as
provided and described in the Agreement. There are a number of assumptions which, when acknowledged
and adhered to, will support a successful implementation. Assumptions related to specific work packages are
documented throughout the SOW. Included here are general assumptions which should be considered
throughout the overall implementation process.
Project
▪ Project activities will begin after the Agreement has been fully executed.
▪ The La Quinta Project Team will complete their necessary assignments in a mutually agreed upon
timeframe in order to meet the scheduled go-live date, as outlined in the Project Schedule.
▪ Sessions will be scheduled and conducted at a mutually agreeable time.
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▪ Additional services, software modules and modifications not described in the SOW or Agreement will
be considered a change to this Project and will require a Change Request Form as previously
referenced in the definition of the Change Control Process.
▪ Tyler will provide a written agenda and notice of any prerequisites to the La Quinta project
manager(s) ten (10) business days or as otherwise mutually agreed upon time frame prior to any
scheduled on-site or remote sessions, as applicable.
▪ Tyler will provide guidance for configuration and processing options available within the Tyler
software. If multiple options are presented by Tyler, La Quinta is responsible for making decisions
based on the options available.
▪ Implementation of new software may require changes to existing processes, both business and
technical, requiring La Quinta to make process changes.
▪ La Quinta is responsible for defining, documenting and implementing their policies that result from
any business process changes.
Organizational Change Management
Unless otherwise contracted by Tyler, La Quinta is responsible for managing Organizational Change. Impacted
Client resources will need consistent coaching and reassurance from their leadership team to embrace and
accept the changes being imposed by the move to new software. An important part of change is ensuring that
impacted client resources understand the value of the change, and why they are being asked to change.
Resources and Scheduling
▪ La Quinta resources will participate in scheduled activities as assigned in the Project Schedule.
▪ The La Quinta team will complete prerequisites prior to applicable scheduled activities. Failure to do
so may affect the schedule.
▪ Tyler and La Quinta will provide resources to support the efforts to complete the Project as scheduled
and within the constraints of the Project budget.
▪ Abbreviated timelines and overlapped Phases require sufficient resources to complete all required
work as scheduled.
▪ Changes to the Project Schedule, availability of resources or changes in Scope will be requested
through a Change Request. Impacts to the triple constraints (scope, budget and schedule) will be
assessed and documented as part of the change control process.
▪ La Quinta will ensure assigned resources will follow the change control process and possess the
required business knowledge to complete their assigned tasks successfully. Should there be a change
in resources, the replacement resource should have a comparable level of availability, change control
process buy-in, and knowledge.
▪ La Quinta makes timely Project related decisions in order to achieve scheduled due dates on tasks
and prepare for subsequent training sessions. Failure to do so may affect the schedule, as each
analysis and implementation session is dependent on the decisions made in prior sessions.
▪ La Quinta will respond to information requests in a comprehensive and timely manner, in accordance
with the Project Schedule.
▪ La Quinta will provide adequate meeting space or facilities, including appropriate system
connectivity, to the project teams including Tyler team members.
▪ For on-site visits, Tyler will identify a travel schedule that balances the needs of the project and the
employee.
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Data
▪ Data will be converted as provided and Tyler will not create data that does not exist.
▪ La Quinta is responsible for the quality of legacy data and for cleaning or scrubbing erroneous legacy
data.
▪ Tyler will work closely with La Quinta representatives to identify business rules before writing the
conversion. La Quinta must confirm that all known data mapping from source to target have been
identified and documented before Tyler writes the conversion.
▪ All in-scope source data is in data extract(s).
▪ Each legacy system data file submitted for conversion includes all associated records in a single
approved file layout.
▪ The client will provide the legacy system data extract in the same format for each iteration unless
changes are mutually agreed upon in advance. If not, negative impacts to the schedule, budget and
resource availability may occur and/or data in the new system may be incorrect.
▪ The La Quinta Project Team is responsible for reviewing the converted data and reporting issues
during each iteration, with assistance from Tyler.
▪ Client is responsible for providing or entering test data (e.g., data for training, testing interfaces, etc.)
Facilities
▪ La Quinta will provide dedicated space for Tyler staff to work with La Quinta resources for both on-
site and remote sessions. If Phases overlap, La Quinta will provide multiple training facilities to allow
for independent sessions scheduling without conflict.
▪ La Quinta will provide staff with a location to practice what they have learned without distraction.
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Glossary
Word or Term Definition
Acceptance Confirming that the output or deliverable is suitable and
conforms to the agreed upon criteria.
Accountable The one who ultimately ensures a task or deliverable is
completed; the one who ensures the prerequisites of the task are
met and who delegates the work to those responsible. [Also see
RACI]
Application A computer program designed to perform a group of coordinated
functions, tasks or activities for the benefit of the user.
Application Programming Interface (API) A defined set of tools/methods to pass data to and received data
from Tyler software products
Agreement This executed legal contract that defines the products and
services to be implemented or performed.
Business Process The practices, policy, procedure, guidelines, or functionality that
the client uses to complete a specific job function.
Business Requirements Document A specification document used to describe Client requirements
for contracted software modifications.
Change Request A form used as part of the Change Control process whereby
changes in the scope of work, timeline, resources, and/or budget
are documented and agreed upon by participating parties.
Change Management Guides how we prepare, equip and support individuals to
successfully adopt change in order to drive organizational success
& outcomes
Code Mapping [where applicable] An activity that occurs during the data conversion process
whereby users equate data (field level) values from the old
system to the values available in the new system. These may be
one to one or many to one. Example: Old System [Field = eye
color] [values = BL, Blu, Blue] maps to New Tyler System [Field =
Eye Color] [value = Blue].
Consulted Those whose opinions are sought, typically subject matter
experts, and with whom there is two-way communication. [Also
see RACI]
Control Point This activity occurs at the end of each stage and serves as a
formal and intentional opportunity to review stage deliverables
and required acceptance criteria for the stage have been met.
Data Mapping [where applicable] The activity determining and documenting where data from the
legacy system will be placed in the new system; this typically
involves prior data analysis to understand how the data is
currently used in the legacy system and how it will be used in the
new system.
Deliverable A verifiable document or service produced as part of the Project,
as defined in the work packages.
Go-Live The point in time when the Client is using the Tyler software to
conduct daily operations in Production.
Informed Those who are kept up-to-date on progress, often only on
completion of the task or deliverable, and with whom there is
just one-way communication. [Also see RACI]
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Infrastructure The composite hardware, network resources and services
required for the existence, operation and management of the
Tyler software.
Interface A connection to and potential exchange of data with an external
system or application. Interfaces may be one way, with data
leaving the Tyler system to another system or data entering Tyler
from another system, or they may be bi-directional with data
both leaving and entering Tyler and another system.
Integration A standard exchange or sharing of common data within the Tyler
system or between Tyler applications
Legacy System The software from which a client is converting.
Modification Custom enhancement of Tyler’s existing software to provide
features or functions to meet individual client requirements
documented within the scope of the Agreement.
On-site Indicates the work location is at one or more of the client’s
physical office or work environments.
Organizational Change The process of changing an organization's strategies, processes,
procedures, technologies, and culture, as well as the effect of
such changes on the organization.
Output A product, result or service generated by a process.
Peripheral devices An auxiliary device that connects to and works with the computer
in some way. Some examples: scanner, digital camera, printer.
Phase A portion of the Project in which specific set of related
applications are typically implemented. Phases each have an
independent start, Go-Live and closure dates but use the same
Implementation Plans as other Phases of the Project. Phases may
overlap or be sequential and may have different Tyler resources
assigned.
Project The delivery of the software and services per the agreement and
the Statement of Work. A Project may be broken down into
multiple Phases.
RACI A matrix describing the level of participation by various roles in
completing tasks or Deliverables for a Project or process.
Individuals or groups are assigned one and only one of the
following roles for a given task: Responsible (R), Accountable (A),
Consulted (C), or Informed (I).
Remote Indicates the work location is at one or more of Tyler’s physical
offices or work environments.
Responsible Those who ensure a task is completed, either by themselves or
delegating to another resource. [Also see RACI]
Scope Products and services that are included in the Agreement.
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Solution The implementation of the contracted software product(s)
resulting in the connected system allowing users to meet Project
goals and gain anticipated efficiencies.
Stage The top-level components of the WBS. Each Stage is repeated for
individual Phases of the Project.
Standard Software functionality that is included in the base software (off-
the-shelf) package; is not customized or modified.
Statement of Work (SOW) Document which will provide supporting detail to the Agreement
defining Project-specific activities, services and Deliverables.
System The collective group of software and hardware that is used by the
organization to conduct business.
Test Scripts The steps or sequence of steps that will be used to validate or
confirm a piece of functionality, configuration, enhancement, or
Use Case Scenario.
Training Plan Document(s) that indicate how and when users of the system will
be trained relevant to their role in the implementation or use of
the system.
Validation (or to validate) The process of testing and approving that a specific Deliverable,
process, program or product is working as expected.
Work Breakdown Structure (WBS) A hierarchical representation of a Project or Phase broken down
into smaller, more manageable components.
Work Package A group of related tasks within a project.
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Part 4: A ppendices
Conversion
Business Management
▪ Business entity
▪ License master basic information
▪ Contacts – Unique (keyed) contacts converted to global contacts
▪ Non-keyed contacts converted to Memo Custom field
▪ Parcel and Addresses
▪ Inspections – Converted to one legacy Inspection type. Original Inspection type will be visible in the
workflow section
▪ Fees
▪ Holds
▪ Conditions
▪ Notes
▪ Contractors
▪ Business Types & NAICS codes
▪ Payment and Fee history
▪ Converted as memo custom fields
o Bonds and Escrow
o Activities and Actions
Community Development: Permits
▪ Permit master basic information
▪ Parcels and Addresses
▪ Inspections – Converted to one legacy Inspection type. Original Inspection type will be visible in the
workflow section
▪ Sub-Permit Associations – Visible in workflow and attached records section
▪ Fees – Converted to one legacy Fee type. Original Fee type will be visible in fees tab
▪ Type – Converted to one legacy Permit type. Original Permit type will be converted as a memo
custom field
▪ Classification – Converted to one legacy Permit classification. Original Permit classification will be
converted as a memo custom field
▪ Notes
▪ Payment and Fee history – Converted to one legacy Fee type
▪ Converted as Memo Custom fields
▪ Contacts and Contact Addresses
▪ Type
▪ Classification
▪ Bonds and Escrow
▪ Zones
▪ Activities and Actions
▪ Holds
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▪ Conditions
Community Development: Code Cases
▪ Code Case master basic information
▪ Parcels and Addresses
▪ Inspections – Converted to one legacy Inspection type. Original Inspection type will be visible in the
workflow section
▪ Violations – Converted to one legacy Violation type. Original Violation type will be visible in the
workflow section
▪ Fees – Converted to one legacy Fee type. Original Fee type will be visible in fees tab
▪ Type – Converted to one legacy Code type. Original Code type will be converted as a memo custom
field
▪ Notes
▪ Payment and Fee history – Converted to one legacy Fee type
▪ Converted as memo custom fields
o Contacts and Contact Addresses
o Type
o Bonds and Escrow
o Zones
o Activities and Actions
o Holds
o Conditions
Community Development: Plans
▪ Plan master basic information
▪ Parcels and Addresses
▪ Inspections – Converted to one legacy Inspection type. Original Inspection type will be visible in the
workflow section
▪ Fees – Converted to one legacy Fee type. Original Fee type will be visible in fees tab
▪ Type – Converted to one legacy Plan type. Original Plan type will be converted as a memo custom
field
▪ Classification – Converted to one legacy Plan classification. Original Plan classification will be
converted as a memo custom field
▪ Notes
▪ Payment and Fee history – Converted to one legacy Fee type
▪ Converted as memo custom fields
o Contacts and Contact Addresses
o Type
o Classification
o Bonds and Escrow
o Zones
o Activities and Actions
o Holds
o Conditions
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Additional Appendices
Intentionally left blank.
Project Timeline
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City of La Quinta
CITY COUNCIL MEETING: October 19, 2021
STAFF REPORT
AGENDA TITLE: RECEIVE AND FILE ANNUAL REPORT OF ACTIVE
DEVELOPMENT AGREEMENTS
RECOMMENDATION
Receive and file annual report of active development agreements.
EXECUTIVE SUMMARY
The La Quinta Municipal Code requires annual Council review of active
development agreements (DA).
Five active development agreements were identified including the Centre
Pointe, Legacy Villas, Village Park Animal Hospital, Signature at PGA
West, and SilverRock Resort development projects.
FISCAL IMPACT
Centre Pointe, Legacy Villas and Signature at PGA West are required to pay
mitigation fees as part of their DA’s. These developments are either non-
compliant or partially compliant in remitting the fees owed, see
background/analysis below.
BACKGROUND/ANALYSIS
The periodic review of DAs by Council is required at least every 12 months from
the date the DA was entered into until the expiration of the agreement. Five
active DAs have been identified (Attachment 1). Of the five, Village Park
Animal Hospital, was determined to be in full compliance with no further
obligations. The remaining agreements are summarized in the table below.
Active Development Agreements
Project
Name
Parties to
Agreement
Project Description Effective
Date
Status
Centre
Pointe
CP
Development
La Quinta, LLC
(original
applicant), La
Quinta Desert
Villas, Dolphin,
Eisenhower
68-acre mixed-use
development at SEC
of Washington Street
and Miles Avenue
July 17, 2003,
December 18,
2003
(Expires
2053)
Mitigation fees are
delinquent.
Casitas Units
(partially
constructed)
Applebee’s
STUDY SESSION ITEM NO. 1
253
Medical,
Homewood
Suites, Dr.
Sterling, Dr.
Hsu, La Quinta
Palms
Retirement
Community,
Applebee’s
restaurant
(complete)
Homewood Suites by
Hilton La Quinta
(complete)
The Palms La Quinta
retirement
community
(complete)
Eisenhower Medical
Center (complete)
2nd sit-down
restaurant (vacant,
never constructed)
Pioneer Park
(complete)
Legacy
Villas
Centex Homes 280 residential units
at NWC of Coachella
and Eisenhower
November 20,
2003
(Expires
2053)
Mitigation fees are
delinquent.
Signature
(PGA
West)
Crown Pointe
Partners, LLC
(original
applicant),
WPG LQ, LLC
264 condo/townhome
units at PGA West,
consist of Villas,
Haciendas, and
Estates
August 18,
2008 (Expires
2058)
Mitigation fees have
been partially paid
SilverRock
Resort
SilverRock
Development
Company, LLC
Development of the
SilverRock Resort
including luxury hotel,
lifestyle hotel, luxury
branded residential,
shared services and
conference center,
and mixed-use village.
November 18,
2014
(expires
November 18,
2044)
Amendment 4
approved October 5,
2021
The Centre Pointe, Legacy Villas and Signature developments are within a
Tourist Commercial District, which is intended for and permits land uses that
include specialized commercial tourist-oriented uses and resort activity that
generate transient occupancy tax (TOT) revenue. DAs were executed for these
projects for a per unit payment to the City based on performance measures for
the collection of TOT revenue.
Centre Pointe
The Centre Pointe development includes approximately 68 acres at the
southeast corner of Washington Street and Miles Avenue, and is currently
comprised of Homewood Suites, La Quinta Desert Villas (40 residential
254
condominium units), Applebee’s, Eisenhower Health Center and The Palms at La
Quinta senior community. The north portion of Centre Pointe is within a Tourist
Commercial District (CT).
In December 2003, a Disposition and Development Agreement (DDA) with the
La Quinta Redevelopment Agency was adopted since this was, at the time,
redevelopment property that was sold to the developer. A DA with the City of
La Quinta was also adopted. The DA and DDA included provisions for the
construction of the mixed-use development, including 132 residential “Casitas,”
which under subsequent amendments was changed to 164. These units are
subject to payment of one-time and annual mitigation fees to the City, unless
the City receives $546,131 minimum, plus annual CPI increase, annual
transient occupancy tax (TOT) for three consecutive years generated by the
development (Attachment 2). With the annual CPI increase, the minimum is
now $650,044. To date, 40 of the proposed 164 Casitas units have been
constructed as residential condominiums that restrict short term rental use.
These are presently known as La Quinta Desert Villas. The City has invoiced
the La Quinta Desert Villas Homeowners Association (HOA) for these annual
mitigation fees since 2016 as the minimum TOT revenue is not being
generated. The HOA is the only party being billed since these are the only units
that have been issued Certificates of Occupancy. The HOA made payments on
2016-2019 fees; however, it is not current on the payment of their fees for
Fiscal Year (FY) 2019/20, and FY 2020/21 was invoiced in August for a total
due of $14,097.31.
Legacy Villas
The Legacy Villas development is located west of Eisenhower Drive at Coachella
Drive, north of the La Quinta Hotel. This development consists of 280
residential for sale units that if the owner chooses to rent them, may only be
rented as short-term rentals. The rentals are required to be registered in a
rental pool and report their TOT to the City on a regular basis. The units are
also required to pay mitigation fees and can stop paying mitigation fees when a
threshold of $1,000,000 of TOT collected for any three consecutive operating
years is met. This has not been met to date and the units are still responsible
for mitigation fees. A partial payment has been received for 2020 fees and a
notice has been sent requesting the remainder, and 2021 was invoiced in
August for a total due of $463,677.90. A summary of the DA is provided as
Attachment 3.
Signature at PGA West
The Signature development consists of 230 resort residential units that are also
subject to TOT mitigation payments. These payments are to be collected at the
time of sale, transfer or conveyance of each unit, upon first sale and resales.
The development has paid fees for the first sale of units, but not all individual
owners have paid fees upon resales. Staff is working towards identifying and
locating these previous owners, with the intent to invoice them for the fees that
255
should have been remitted to the City upon closing. A summary of this DA is
provided as Attachment 4.
SilverRock
Agreements in place for SilverRock consist of a DA and a Purchase, Sale and
Development Agreement (PSDA) which were entered into in November 2014
(Attachment 5). The PSDA was amended in November 2018 to modify the
development schedule, clarify requirements for selling planning areas 7, 8 and
9, identify phasing plan for master site infrastructure improvements, update
project budgets and define ownership structures for the SilverRock
Development Company (SDC). A notice of default was issued earlier in 2021
regarding delays in the development schedule due primarily to cost escalation
and pausing construction during COVID-19. The PSDA has since been amended
to modify the development schedule and the project is moving towards meeting
those new deadlines.
ALTERNATIVES
Staff does not recommend any alternatives.
Prepared by: Cheri Flores, Planning Manager
Approved by: Danny Castro, Design and Development Director
Attachments: 1. Map of developments with active development agreements
2. Centre Pointe Development Agreement Summary
3. Legacy Villas Development Agreement Summary
4. Signature Development Agreement Summary
5. SilverRock Resort Development Agreement Summary
256
CENTRE POINTE
LEGACY VILLAS
SILVERROCK
SIGNATURE
VILLAGE PARK ANIMAL HOSPITAL
Development Agreement Project Locations
¯
September 2021Jefferson StWashington StHwy 111
Ave 50
Ave 52
Legend
City Boundary
Centre Pointe
Legacy Villas
Village Park Animal Hospital
SilverRock Resort
Signature at PGA West
ATTACHMENT 1
257
Center Pointe Development Agreement (DA2003-0006)
Project Description: 134 room hotel, 136 condo/casita units, residential
development of 54 detached homes, 14 market rate homes, 2 restaurants, medical
office, surgical facility, 132 suite retirement community, 72 suite assisted living,
and a 32 bed memory care facility.
Applicant: Center Pointe Development LQ, LLC
Case No.: Development Agreement 2003-006, Ord 385, 409, 423, 455 and 504
(4 amendments)
Disposition and Development Agreement (7 amendments)
Related Case: Specific Plan 2001-055, EA 2001-436, 2011-617
Effective Dates: December 18, 2003, Expires December 18, 2053 (50 YEARS)
Key Points of the Agreement:
Developer to construct 134 guest room hotel, 136 condo/casitas units, 13
courtyard cluster villas, 54 unit residential development, 14 market rate
homes, 40 affordable homes, two restaurants, medical office/ surgical
facility, 26 sanctuary villas.
Development of a Casitas HOA
Developer constructs a neighborhood park.
Contribution towards landscape improvements
Payment of Mitigation fees
o One-time mitigation fee
Casitas: $1,500 for each unit with payment due upon the first
close of escrow
Sanctuary Villas: $2,150 for each unit with payment due upon
the first close of escrow
o Annual mitigation fees:
Casitas and Sanctuary Villas: $150 for each unit sold to a
purchaser to be paid each July 1. Fee shall not be required for
any operative year in which the City has received transient
occupancy taxes derived from the Suites Hotel parcel, casitas
parcel, and sanctuary villas parcel which equals or exceeds
$546,131 for the applicable operative year
o If City received minimal annual TOT ($546,131) in each of three
consecutive operative years, the Casitas and Sanctuary Villas HOA’s
obligation to pay the annual mitigation fee shall be terminated.
Public Facilities Fee: 5% of rental amount if rented for a period of time over
30 days
ATTACHMENT 2
258
Sanctuary Villas later removed from the development plan (DA Amendment
2)
DA Amendment 4 replaced the development of single-family residential
homes with a senior living facility, The Palms, consisting of 132 retirement
suites, four single-story duplex cottages, 72 assisted living suites, and 32
beds for memory care.
To view the documentation for the CP Development La Quinta LLC Disposition and
Development and Development Agreements please use the following web address:
https://laqlaserweb.laquintaca.gov/WebLink/DocView.aspx?id=20723&searchid=ad
833b3f-2b17-433c-9b7f-d86170883192&dbid=1&repo=CityofLaQuinta
259
LEGACY VILLAS DA TERMS (DA 2003-007)
Project description: 280 unit Residential Resort on 44.61 Acres
Applicant: Centex Homes
Case No.: Development Agreement 2003-007, Ordinance 389
Related Case: Specific Plan 2003-065, Site Development Permit 2003-778,
Environmental Assessment 2003-478, Tentative Tract Map
31379
Effective Dates: Development Agreement is considered effective on December
12, 2003, and expires December 11, 2053 (50 YEARS).
Key Points of the Agreement:
A one-time mitigation fee of $2,500 per unit constructed in the project due
on or before the date the building permit is issued for each unit.
Annual mitigation fee which is collected by the HOA at $1,000 per year per
unit that has been sold to an owner. The HOA then forwards to the City of La
Quinta.
The Annual mitigation fee is reduced from $1,000 to $500 per year if the City
receives TOT from rental units in the project that exceeds $500,000 for three
consecutive years during the term of the Development Agreement and can
be totally eliminated if the City has received TOT from rental units in the
Project in excess of $1,000,000 for any three consecutive operating years
during the life of the Development Agreement.
Any rentals are subject to TOT.
Rental Tracking System by HOA.
To view the Centex Homes Development Agreement please use the following web
address:
https://laqlaserweb.laquintaca.gov/WebLink/DocView.aspx?id=20844&searchid=1d
9b36aa-5311-452b-ae5d-314022a50780&dbid=1&repo=CityofLaQuinta
ATTACHMENT 3
260
EDENROCK (SIGNATURE) DA TERMS (DA2006-011)
Project Description: 264 condo/townhome units (83 Courtyard Homes, duplexes,
79 Manor Homes, triplexes, and 102 Village Homes, sixplexes) on 41.95 acres.
Applicant: Crowne Pointe Partners, LLC
Case No.: Development Agreement 2006-011, Ordinance 457, 533
Related Case: SP 83-002, Amendment No. 6, GPA 2006-107, ZC 2006-127,
Tentative Tract Map 33226, SDP 2006-852
Effective Dates:
August 18, 2008, and expires August 18, 2058 (50 YEARS)
Assignment and Assumption Agreement entered into March 24, 2014,
assigned to RREF-CWC LaQ, LLC
Amendment 1 entered into on March 8, 2016
Purpose: Development Agreement entered into for purposes of payment to City
a per unit upfront payment for potential loss of anticipated general fund revenues
from “Transient Occupancy Tax” as a result of the use of the site for a residential
resort instead of a traditional tourist commercial use such as a 1,000 room resort
hotel, conference center and 100,000 square feet of resort retail.
Key points of the Agreement:
Compliance with Conditions of Approval
Recordation of Covenants, Conditions and Restrictions (CC&Rs)
Payment to the City for each unit 0.75% of the developer’s full sale price
of the unit upon close of escrow, inclusive of all developer-installed
options and upgrades, with the amount of such sales price verified by the
City.
Owners required to pay transfer payment to the City in the amount of
0.55% upon sale, transfer or conveyance of owner’s unit (Recorded in
CC&R’s)
Payment of Fair Share Improvements as identified in mitigation measures
11.0-3 and 11.0-4 of the project EIR.
To view the Signature Development Agreement and Amendment, please use the
following web links:
Development Agreement:
ORD 457 DA Eden Rock at PGA West - Crowne Pointe Partners, LLC (laquintaca.gov)
Amendment 1:
ORD 533 RREF II-CWC LaQ, LLC - Signature at PGA West - Amendment to DA
(laquintaca.gov)
ATTACHMENT 4
261
AUGUST 2019
SILVERROCK DA TERMS (DA 2014-1001)
Project description: Development of a resort development as follows:
Area Project Components Acres Units
PA 1 Modification of existing Golf Course 173
PA 2 Montage Luxury hotel with spa and fitness center
(170,000 sq. ft)
17 140
PA 3 Montage Luxury branded residential homes 14 35
PA 4 Shared service/conference facility 7.5
PA 5 Pendry Lifestyle hotel (170,000 sq. ft.) 10.5 200
PA 6 Pendry Lifestyle branded residential development 10 66
PA 7 Mixed-Use Village Area 1 10.5 150
PA 8 Resort Residential Village 22.5 160
PA 9 Mixed Use Village Area II (80 units) 15 80
PA 10A-1 Golf Course and Clubhouse 51.5 25
PA 10A-2 Residential 13.5 46
PA 10A-3 Residential 5 23
PA 10B-1 Golf Course 62 40
PA 10B-2 Residential 5.5 19
PA 10B-3 Residential 4.5 20
PA 10B-4 Residential 7 34
PA 10B-5 Residential 5.5 22
PA 10B-6 Residential 5.5 24
PA 11 Public Park 22
PA 12 Arroyo, Trails, Canal & Streets 53.5
Total 525 1084
Applicant: SilverRock Development Company, LLC
Case No.: Development Agreement 2014-1001, Ordinance 520
Related Cases: SDP 2016-0005, SDP 2016-0009
Effective Dates:
Development Agreement approved on November 18, 2014
Purchase Sale and Development Agreement (PSDA) entered into on
November 19, 2014, and expires November 19, 2044 (30 YEARS).
Amendment 1 to the PSDA was entered into on October 29, 2015
Amendment 2 to the PSDA was entered into on April 18, 2017
Amendment 3 to the PSDA was entered into on November 28, 2018
Amendment 4 to the PSDA was approved October 5, 2021
Purpose (Amendment 4 of PSDA): Modifies the development schedule;
decreases the amount of Transient Occupancy Tax (TOT) receipts available by 5%
for the 15-year term when calculating any rebate for continuous operation of the
hotels, once opened, under TOT Covenant Agreements; identifies additional project
ATTACHMENT 5
262
AUGUST 2019
milestones; increases the purchase price on “Future Resort Property“ (Option
Property) for missing milestones; and requires hotel operator to manage all resort
residential short-term vacation rentals.
Key points of the Agreement:
Establishment of a vested right to execute and fulfill the development program
in accordance with the SilverRock Resort Specific Plan and applicable zoning
regulations.
Development impact fees are to be paid in accordance with those fees in force
and effect as of the effective date of the Agreement.
Any non-city development fees, such as the CVMSHCP or TUMF fees, will be
collected at the rate in effect at the standard time of collection.
Developer is responsible for executing development in accordance with identified
development program.
Developer acknowledges responsibility for CEQA mitigation monitoring.
The Agreement is to be reviewed at least annually in order to ensure compliance
with provisions.
Use the Ahmanson House as temporary clubhouse, in lieu of constructing a
temporary clubhouse, until the permanent clubhouse is operational.
Master Site Infrastructure Improvements Phasing Plan amended.
To view the SilverRock DA, please use the following web address:
https://laqlaserweb.laquintaca.gov/WebLink/DocView.aspx?id=44821&searchid=c9
a0a048-c544-4863-b159-5d2cd849d669&dbid=1&repo=CityofLaQuinta
To view Amendment #4 to the PSDA, please use the following web address, page
147:
https://www.laquintaca.gov/home/showpublisheddocument/45845
263
264
City of La Quinta
CITY COUNCIL MEETING: October 19, 2021
STAFF REPORT
AGENDA TITLE: CONTINUED FROM SEPTEMBER 21, 2021:
RECONSIDERATION TO ADOPT RESOLUTION TO VACATE A PORTION OF THE
INTERSECTION OF AVENIDA MADERO AND CALLE TECATE PUBLIC RIGHT-OF-
WAY IN THE SANTA CARMELITA AT VALE LA QUINTA SUBDIVISION, UNIT NO.
25
RECOMMENDATION
Adopt a resolution to vacate a portion of the intersection of Avenida Madero and
Calle Tecate public right-of-way in the Santa Carmelita at Vale La Quinta
Subdivision, Unit No. 25.
EXECUTIVE SUMMARY
•Charles Welsh (Owner) has filed a street vacation application to vacate a
portion of the intersection of Avenida Madero and Calle Tecate fronting a
vacant lot at 54985 Avenida Madero. This vacant lot is next to the Bear
Creek Trail.
•The right-of-way proposed to be vacated is not needed for street
purposes. No utility agency has requested easements over the proposed
street vacation area and no utility agency has objected to the street
vacation proposal.
•On September 14, 2021, the Planning Commission made a finding that
this proposed street vacation is consistent with the La Quinta General
Plan.
•Council reconsidered this item during a public hearing held on September
21, 2021. At the September 21, 2021 meeting, Council continued the
public hearing until October 19, 2021, to allow time for the Owner to
revise the street vacation legal description and plat to provide some
distance between the existing Bear Creek Trail sign and the street
vacation area.
FISCAL IMPACT – None.
PUBLIC HEARING ITEM NO. 1
265
BACKGROUND/ANALYSIS
At the September 21, 2021 public hearing, Council reconsidered the proposed
street vacation, considered public testimony, asked the Owner to revise the
vacation area to provide some distance between the existing Bear Creek Trail
sidewalk and entry sign and the street vacation area, and continued the public
hearing to October 19, 2021.
The proposed street vacation area (Attachment 1) has been revised to provide
about three and a half (3.5) feet distance from the Bear Creek Trail sign post
and minimum 3ft from the trail sidewalk. The legal description and plat for this
revised street vacation is under technical review by staff. Staff has conditioned
the recording of this street vacation upon the technical review approval of the
revised street vacation legal description and plat, if Council wishes to approve
the street vacation today.
The proposed street vacation area at the intersection of Avenida Madero and
Calle Tecate was dedicated for public use on the subdivision map for Santa
Carmelita at Vale La Quinta, Unit No. 25 in 1938. When the City constructed
Avenida Madero under Assessment District 88-01, an area was created that is
not needed for street purposes. The vacation area is currently fronting a vacant
lot. The Owner plans to construct a house on the lot.
No utility agency has requested easements over the proposed street vacation
area and no utility agency has objected to the street vacation proposal.
Publishing and posting requirements for this public hearing were given in the
time and manner pursuant to Sections 8322 and 8323 of the Streets and
Highways Code.
This public hearing is being held pursuant to a valid, written request for
reconsideration timely submitted by Mayor Evans pursuant to Section 7.3 of
City Council Resolution 2015-023. Mayor Evans requested in writing on August
5, 2021 (Attachment 2) that the City Council reconsider its August 3, 2021
motion adopting Council Resolution No. 2021-031 for this street vacation
request.
If Council approves this street vacation under the request for reconsideration,
Council Resolution No. 2021-031, adopted on August 3, 2021, shall be
rescinded and superseded by Council’s subsequent action at the September 21,
2021 meeting.
266
AGENCY AND PUBLIC REVIEW
Public Notice
This vacation proceeding is conducted under Chapter 3, Part 3, Division 9 of the
Streets and Highways Code of the Streets and Highways Code. Three notices
regarding the proposed public hearing for the street vacation were posted
conspicuously along the line of the street proposed to be vacated on September
24, 2021 (Attachment 3). On October 4, 2021, the public hearing notice was
mailed to the ten property owners in La Quinta who petitioned for this street
vacation (Attachment 4). The public hearing notice was also advertised in The
Desert Sun newspaper for two successive weeks on October 1 and 8, 2021
(Attachment 5). To date, no comments have been received from the public.
Environmental Review
The Design and Development Department has determined the proposed action
is categorically exempt under California Environmental Quality Act (CEQA)
Section 15301(c) – Class 1.
ALTERNATIVES
Council may choose to not approve the street vacation, or incorporate any
adjustments deemed appropriate in order to approve the street vacation.
Prepared by: Amy Yu, Associate Engineer
Approved by: Bryan McKinney, P.E., Public Works Director /City Engineer
Attachments: 1. Vicinity Map
2. Mayor’s Request for Reconsideration
3. Photos of Public Notice Posting Onsite
4. Mailing of Notice to the Ten Petitioners
5. Public Hearing Notice in The Desert Sun
267
268
RESOLUTION NO. 2021 – xxx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA, VACATING A
PORTION OF THE INTERSECTION OF AVENIDA
MADERO AND CALLE TECATE PUBLIC RIGHT-OF-
WAY IN THE SANTA CARMELITA AT VALE LA
QUINTA SUBDIVISION, UNIT NO. 25
WHEREAS, this action is exempt under the California Environmental Quality
Act (CEQA) Guidelines, Section 15301(c) – Class 1; and
WHEREAS, pursuant to Sections 8322 and 8323 of the Streets and
Highways Code, due notice of the Public Hearing was given by public posting in
the time and manner prescribed by law; and
WHEREAS, the City Council of the City of La Quinta has conducted this
vacation proceedings under Chapter 3, Part 3, Division 9 of the Streets and
Highways Code of the Streets and Highways Code and, upon hearing and
considering all testimony of all interested parties, make the following findings:
1. Vacation of the subject portion of the intersection of Avenida Madero and
Calle Tecate will not adversely affect the City of La Quinta or adversely
impact the Circulation Element of the City of La Quinta General Plan.
2. The affected portion of the intersection of Avenida Madero and Calle Tecate
is unnecessary for either present or prospective public use or purposes,
including use as a non-motorized transportation facility.
3. No local agency has submitted objections to the street vacation proposal.
4. Approval and adoption of the proposed public street vacation will not cause
a significant negative impact upon the environment; and
WHEREAS, the City Council considered this matter at the August 3, 2021
meeting and adopted Resolution No. 2021-031 approving the street vacation; and
WHEREAS, a written request for reconsideration dated August 5, 2021,
submitted pursuant to Section 7.3 of Resolution No. 2015-023, caused the
reconsideration of this matter at the September 21, 2021 and October 19, 2021
meetings, and the City Council’s subsequent action shall rescind and supersede
Resolution No. 2021-031.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La
Quinta, California, as follows:
269
Resolution No. 2021 – XXX
Street Vacation Avenida Madero and Calle Tecate LAD2021-0001
Adopted: _____________, 2021
Page 2 of 3
SECTION 1. The City Council, having elected to proceed under the provisions
of Chapter 3, Part 3, Division 9 of the Streets and Highways Code of the Streets
and Highways Code of the State of California, and having held a public hearing
upon due notice as provided therein, hereby finds from all evidence submitted
that the portion of the intersection of Avenida Madero and Calle Tecate,
specifically described in Exhibits A and B, is unnecessary for either present or
prospective public use or purposes, including use as non-motorized transportation
facilities.
SECTION 2. The City Council hereby orders the vacation of the portion of the
intersection of Avenida Madero and Calle Tecate as shown in the attached Exhibits
A and B.
SECTION 3. The City Council hereby determines that adoption of the
vacation will cause no significant negative environmental impact.
SECTION 4. Resolution No. 2021-031 adopted by the City Council at the
August 3, 2021 meeting is hereby rescinded and superseded by this Resolution.
SECTION 5. The City Council hereby orders that the vacation shall not be
effective until the City Clerk record a certified copy of this Resolution with
attached Exhibits A and B with the Riverside County Recorder.
SECTION 6. The City Clerk shall withhold recording a certified copy of this
Resolution until the following requirement(s) have been completed:
A. Obtain technical review approval of Exhibits A and B (legal description and
plat).
PASSED, APPROVED AND ADOPTED at a regular meeting of the La
Quinta City Council held on this 19th day of October, 2021, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
270
Resolution No. 2021 – XXX
Street Vacation Avenida Madero and Calle Tecate LAD2021-0001
Adopted: _____________, 2021
Page 3 of 3
_______________________
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
________________________
MONIKA RADEVA, City Clerk
City of La Quinta
(AGENCY SEAL)
APPROVED AS TO FORM:
__________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta
271
272
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Good afternoon Mayor Evans,
This request has been received and staff will agendize for the 9/21/21 Council meeting.
Thank you.
Monika Radeva,CMC |City Clerk
City of La Quinta
78495 Calle Tampico, La Quinta, CA 92253
Tel: (760) 777-7035
MRadeva@laquintaca.gov
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ATTACHMENT 4281
282
283
284
285
286
DS-GCI0741396-01CITY OF LAQUINTA
CITY COUNCIL
NOTICE OF CONTINUED PUBLIC HEARING
*SPECIAL NOTICE: Teleconferencing and Telephonic Accessibility In Effect – Any person may participate in this public
hearing and provide verbal comments via teleconference,pursuant to Executive Orders N-60-20 and N-08-21 executed by
the Governor of California, and subsequently Assembly Bill 361 (AB 361, 2021), enacted in response to the state of emergency
relating to novel coronavirus disease 2019 (COVID-19) and enabling teleconferencing accommodations by suspending or
waiving specified provisions of the Ralph M. Brown Act (Government Code § 54950 et seq.). Requests to participate via
teleconference must be submitted to the City of La Quinta at MRadeva@LaQuintaCA.gov by 5:00 p.m. on Monday, October 18,
2021. Members of the public may attend this meeting in person.
NOTICE IS HEREBY GIVEN that the City of La Quinta City Council will hold a
CONTINUED PUBLIC HEARING on October 19, 2021, at 5:00 p.m.in the La Quinta
City Hall Council Chamber, 78495 Calle Tampico, La Quinta, California, on the following
item:
APPLICATION: STREET VACATION LAD2021-0001
APPLICANT: CHARLES WELSH
LOCATION: INTERSECTION OF AVENIDA MADERO AND CALLE TECATE
REQUEST:CONTINUED FROM SEPTEMBER 21, 2021:RECONSIDERATON TO
ADOPT A RESOLUTION TO VACATE A PORTION OF THE INTERSECTION OF
AVENIDA MADERO AND CALLE TECATE
LEGAL: PUBLIC RIGHT-OF-WAY
Street vacation area could be modified based on comments made in public hearing on
September 21, 2021.
This vacation proceedings is conducted under Chapter 3, Part 3, Division 9 of the Streets and
Highways Code of the Streets and Highways Code.
The La Quinta Design and Development Department has determined the proposed action is
categorically exempt under the California Environmental Quality Act, Section 15301 – Class
1(c).
This continued public hearing is being held pursuant to a valid, written Request for
Reconsideration timely submitted by the Mayor pursuant to Section 7.3 of City Council
Resolution 2015-023.
Members of the public wanting to listen to this meeting may do so by tuning-in live via https://laquinta.12milesout.com/video/
live
Any person may submit written comments on any of the contemplated actions listed above to the Public Works Department at
ayu@laquintaca.gov prior to the Public Hearings and/or may appear and be heard in support of, or opposition to, the project at
the time of the Public Hearings. If you challenge the decision of any of the actions listed above in court, you may be limited to
raising only those issues that you or someone else raised either at the Public Hearings or in written correspondence delivered to
the Public Works Department at, or prior to the Public Hearings. For additional information, please contact Amy Yu, Associate
Engineer at ayu@laquintaca.gov.
In the City’s efforts to comply with the requirements of Title II of the Americans with Disabilities Act Of 1990, the Public Works
Department requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to
communicate at a City public meeting, inform the Public Works Department a minimum of 72 hours prior to the scheduled
meeting.
287
CITY OF LA QUINTA
CITY COUNCIL
NOTICE OF CONTINUED PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City of La Quinta City Council will hold a CONTINUED PUBLIC
HEARING on October 19, 2021, at 5:00 p.m. in the La Quinta City Hall Council Chamber, 78495 Calle
Tampico, La Quinta, California, on the following item:
APPLICATION: STREET VACATION LAD2021-0001
APPLICANT: CHARLES WELSH
LOCATION: INTERSECTION OF AVENIDA MADERO AND CALLE
TECATE
REQUEST: CONTINUED FROM SEPTEMBER 21, 2021:
RECONSIDERATON TO ADOPT A RESOLUTION TO
VACATE A PORTION OF THE INTERSECTION OF
AVENIDA MADERO AND CALLE TECATE
LEGAL: PUBLIC RIGHT-OF-WAY
Street vacation area could be modified based on comments made in
public hearing on September 21, 2021.
This vacation proceedings is conducted under Chapter 3, Part 3,
Division 9 of the Streets and Highways Code of the Streets and
Highways Code.
The La Quinta Design and Development Department has determined
the proposed action is categorically exempt under the California
Environmental Quality Act, Section 15301 – Class 1(c).
This continued public hearing is being held pursuant to a valid, written Request for Reconsideration timely
submitted by the Mayor pursuant to Section 7.3 of City Council Resolution 2015-023.
*SPECIAL NOTICE: Teleconferencing and Telephonic Accessibility In Effect –
Any person may participate in this public hearing and provide verbal comments via
teleconference, pursuant to Executive Orders N-60-20 and N-08-21 executed by the Governor of California,
and subsequently Assembly Bill 361 (AB 361, 2021), enacted in response to the state of emergency relating
to novel coronavirus disease 2019 (COVID-19) and enabling teleconferencing accommodations by
suspending or waiving specified provisions of the Ralph M. Brown Act (Government Code § 54950 et seq.).
Requests to participate via teleconference must be submitted to the City of La
Quinta at MRadeva@LaQuintaCA.gov by 5:00 p.m. on Monday, October 18, 2021. Members of the public
may attend this meeting in person.
Members of the public wanting to listen to this meeting may do so by tuning-in live via
https://laquinta.12milesout.com/video/live
Any person may submit written comments on any of the contemplated actions listed above to the Public
Works Department at ayu@laquintaca.gov prior to the Public Hearings and/or may appear and be heard in
support of, or opposition to, the project at the time of the Public Hearings. If you challenge the decision of
any of the actions listed above in court, you may be limited to raising only those issues that you or someone
else raised either at the Public Hearings or in written correspondence delivered to the Public Works
Department at, or prior to the Public Hearings. For additional information, please contact Amy Yu, Associate
Engineer at ayu@laquintaca.gov.
In the City's efforts to comply with the requirements of Title II of the Americans with Disabilities Act Of 1990,
the Public Works Department requires that any person in need of any type of special equipment, assistance
or accommodation(s) in order to communicate at a City public meeting, inform the Public Works Department
a minimum of 72 hours prior to the scheduled meeting.
PUBLISH ON OCTOBER 1 AND 8, 2021 288
DEPARTMENTAL REPORT ITEM NO. 1
289
290
291
292
293
294
COMMUNITY RESOURCES
PERIODIC REPORT
In response to local declaration and other State and County orders, the department
shifted roles to provide COVID-19 related Public Safety and Social Service needs.
Code Compliance / Animal Control
July 1 –September 30, 2021
DEPARTMENTAL REPORT ITEM NO. 4
162
305 165275
1391
520
251
930
696
398
1626
822
175
1319
323159
654
349
160
410 295
STVR Cases STVR Inspections STVR Complaints
Jan-Mar 2020 Apr-Jun 2020 Jul-Sep 2020 Oct-Dec 2020 Jan-Mar 2021 Apr-Jun 2021 Jul-Sep 2021
As shown in the bar graph below,Code continues to experience a decline in STVR activity.
Cases are at a pandemic low,inspections are significantly lower than previous months,and
complaints have leveled off.This reduced activity is allowing Code to expand focus on
general code compliance efforts.
Short Term Vacation Rentals (STVR)
New STVR cases:
•this quarter -160
•last quarter -159
STVR Citations:
•this quarter -61
•last quarter -86
STVR Suspensions
•this quarter - 6
•last quarter -12
The STVR Hotline is managed by Code staff Monday through Saturday from 8 am to 5 pm.
In addition,the city hired a security company to patrol STVR properties and respond to
hotline calls Thursday,Friday and Saturday between 6 pm to 2 am.
22
65 100
174
102
223 321
542
382
160 134 144
163
154
133
82 76 52
Hotline Calls
2020 2021
295
452
273
445
1068 1017
675
497 507 508
723
635
743
599 568 519
750 684 604
Jan Feb Mar Apr May Jun Jul Aug Sep
Site Inspections*
2020 2021
Code Compliance
Top Code Violations:
•Short Term Vacation: 220
•Trash Cans/Junk: 165
•Vehicles/Parking: 98
False Alarms
•$89,124 fees collected to
date
•City Staff outreach to
businesses with multiple
false alarms.
•Businesses with excessive
false alarms this quarter: 14
prior quarter: 16
*Site inspections are required to confirm violations and include STVR inspections and
regular code complaints (e.g.,trash containers,landscaping,property maintenance issues,
etc.).
203
156 160149141 123
161 183
147
July August September
False Alarms
2019 2020 2021
Due to COVID-19,false alarm fees were paused to lessen some of the economic hardships
brought by the pandemic.Nonetheless, false alarm notices continued to be left at the
premise and sent by mail as part of the notification process.In this quarter,there was a
19%increase in false alarms compared to last quarter,this might be due to the State of
California lifting Covid restrictions in June 2021.Staff will continue to educate businesses
and residents about the cost of false alarms through notices,direct mail,social media posts
and, phone calls.Also,as of June 15,2021,the City started to send invoices to anyone with
three or more false alarms.
296
Animal Control Update
Riverside County Animal Services
Department of Animal Services continues to operate on appointment-only system.In the
event of a pet emergency, animal control question,or if you are interested in adopting,
fostering or rescuing, please call 951-358-7387.Potential adopters,fosters,or rescues can
also send an email to shelterinfo@rivco.org or visit their website at:
https://www.rcdas.org/.
110
231
64
118
Licensing Statistics
New Renewed
Closed Not Renewed
41
18
4
5
8
11
1 0
Impounds
Stray Stray-Dead Stray-Known Wait
Owner Surrendered Foster Return Confiscated
Dispo Requested Adoption Return
17
1213
12
3
Outcomes
Adoption Transfer Adoption Partner
Return to Owner Euthanized Untreatable
In Foster Home
297
Social Services & Community Programs
April 1 –June 30, 2021
FIND Food Distribution & Wellness Center
•Since the start of the program in April 2020,Staff have distributed 14,500+food packages
to residents at Coral Mountain,Hadley Villas,Vista Dunes,Washington Street Apartments,
and Wolff Waters;FIND provided mobile pantries for food distribution five times per month
at La Quinta High School and La Quinta Community Fitness Center &Park.
•Desert Recreation District (DRD)served 900+participants at Fritz Burns Pool programs
including Open Swim, Aqua Fit,Water Aerobics,Senior Splash,and a Mermaid Pool Party.
•Provided fitness &recreation programs online and in-person to 4,200 participants/fitness
members.Social service programs were active during this quarter with Riverside County
Cool Center and Curative COVID-19 Testing open to the public.
•Youth sports programs had 36,000+total participants (players,spectators,coaches)for
AYSO (soccer),Friday Night Lights (flag football),and La Quinta Youth Sports Association
(baseball).
Library/Museum/Creation Station Makerspace
•Over 30,000+items were circulated through Library express/curbside services and self-
check out.Over 1,000+people participated in the virtual/recorded program offerings,
computer sessions,and library staff assisted with 2,173 reference questions.Library
highlights included Miss Sara’s Special Summer Storytime;Summer Reading Program
Take and Make Sun Paper kits (99 kits distributed)and Huichol Yarn Art kits (88 kits
distributed);Children in Crisis at Pomona Fairplex Migrant Children’s Shelter (390
attendees);and the virtual Summer Reading Program.
•Museum provided the Metaphor, Myth,&Politics;Beauty and the Beast:California
Wildflowers and Climate Change;and The Story of La Quinta exhibits that were viewed by
700+visitors.Good Reads Book Club,Desert Lecture Collaborative,STITCH Fiber Arts
Club,Brown Bag TED Talks, and Creative Escape Take &Make had 245 participants.
•Creation Station Makerspace served 1,200+participants with memberships,classes,
express services,walk-in service,MakerSpace Camps,and virtual programming views on
Facebook &YouTube.Highlights for this quarter include Summer Reading Program crafts;
Friction Kitchen;MakerSpace Camps;MakerCraft;Community Outreach:Paint w/Michele.298
9/11 Candlelight Vigil
•Held the 20th Anniversary of September 11
th Candlelight Vigil at Civic Center
Campus;approximately 250 persons in attendance.
•Honored the 13 military service members who perished in the Kabul Airport
attack in Afghanistan on August 26,2021.
•Special recognition to honor local resident Cpl.Hunter Lopez,a La Quinta High
School graduate and a Riverside County Police Explorer who served La Quinta.
•Musical performances provided by La Quinta High School Blackhawk Brigade
and Doug Hassett.
Community Events
299
Concert in the Park at SilverRock
•Launched the free Concert in the Park at SilverRock series on September 18.
•Live From Earth Pat Benatar tribute band performed to a crowd of over 200.
•Food trucks and City of La Quinta branded giveaways were available to
participants.
•LH Productions provided the entertainment for this new event series.
•Next Concert in the Park will be held on Saturday, October 23 with Fortunate Son
Creedence Clearwater Revival tribute band.
Community Events
300
Recruitment Metrics
Recruitments
Hub Administrative Assistant –Design and Development
Building Inspector I -Design and Development
Community Resources Analyst
Maintenance Worker II –Public Works*
Management Analyst –City Manager’s*
Management Assistant –(1) Community Resources, (1) City Clerk
Recreation Leader -(2) Community Resources
Sr. Recreation Leader –Community Resources*
Temporary Administrative Assistant –Community Resources
Temporary Code Compliance Officer II –Community Resources
*Promotion
Human Resources Biannual Report 7
National Biannual Unemployment Rate 6.05%
Source: US Department of Labor–Labor Statistics (US BLS)
Human Resources
January 1 –June 30, 2021
Recruitments Average Days
Advertised
# Applications
Received
Days to Fill
Job Posting to Offer
Date
11
28% Promotional
Hires
18 512 79
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DEPARTMENTAL REPORT ITEM NO. 7
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LA QUINTA SHERIFF’S STATION
QUARTERLY REPORT
July 1, 2021 –September 30, 2021
Statistics
Priority 1 –Involve circumstances that 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.
4.8
15.1
23.3 25.5
5.1
15.0
20.5
24.8
7.0
15.8
25.5
30.2
Priority 1: Average
Response
Priority 2: Average
Response
Priority 3: Average
Response
Priority 4: Average
Response
Average Response Time
July August September
15
451 433
258
17
454 454
225
15
439 455
242
Priority 1: Calls for
Service
Priority 2: Calls for
Service
Priority 3: Calls for
Service
Priority 4: Calls for
Service
Number of Calls for Service
July August September
DEPARTMENTAL REPORT ITEM NO. 8
313
0 1 5
58
0 8 6 13
1 0 5
65
2 11 2 12
0 0 1
71
1 10 6 11
Rape Homicide Aggravated
Assault
Larceny Robbery Burglary Vehicle Theft Simple
Assault
Crime Statistics
June July August
Special Enforcement Team &
Business District
•Actions: 340
•Property Recovered: $2,500
•Narcotics Seized:62g of Meth & 69
Marijuana plants
Traffic Team
•Actions: 1,968
Community Service Officers &
Crime Prevention Specialists
•Actions: 825
•Community Meetings: 1
•Trainings:1
377
7
395
249
644
Citations
Excessive Speed Citations
Seat Belt Citations
Other Hazard Citations
Other Non-Hazard Citations
Citations Other
9 2
43
89
48
Collisions
DUI CollisionsDUI Injury CollisionDUI ArrestNon Injury CollisionTraffic Injury Collision
Narcotics Task Force
•Actions in La Quinta: 26
•Narcotics Seized: 2 kg of Marijuana, 2g of
Cocaine, 186.7g of Meth, 33.5g of Heroin, 4
grams of Fentanyl Powder & 150 Fentanyl
Pills
Gang Task Force
•Actions in La Quinta: 43
•Narcotics Seized: 9 Fentanyl Pills, 5.06lbs of
Fentanyl, 14.3g of Meth, & 2.5g of Heroin
School Resource Officers
•Actions: 5
Citizens on Patrol: 704.5 volunteered hrs.
Actions by Teams:
314
FIRE DEPARTMENT
QUARTERLY REPORT
July 1, 2021–Sept 30, 2021
Incident Response Activity
Incident Type #
Medical 860
False Alarm 92
Public Service Assistance 72
Traffic Collision 62
Standby 11
Other Fire 7
Residential Fire 5
Vehicle Fire 4
Rescue 3
Ringing Alarm 3
Other Miscellaneous 2
Hazardous Materials 1
Commercial Fire 0
Multi-Family Dwelling Fire 0
Wildland Fire 0
Incident Total In La Quinta 1,122
Average Enroute to
On-Scene Time
Enroute Time: When a unit has been
acknowledged as responding.
On-scene Time: When a unit has been
acknowledged as being on-scene.
*NOTE:Average response times may be
slightly skewed due to Station 70 staff being
temporarily relocated to Station 32.
<5 Minutes +5 Minutes +10 Minutes
+20 Minutes Average Min.% 0 to 5 Min.
1,092 637 129
4 5.07 63.16
DEPARTMENTAL REPORT ITEM NO. 9
Mutual Aid
LQ Resources Responding in LQ 1,080
LQ Resources Aiding Other
Jurisdictions
640
Resources Aiding LQ 269
315
Truck Report
Truck 86 recorded 14 responses in La Quinta during this quarter.
Fire Inspection Report
3rd Quarter Statistics –Office of the Fire Marshal:
•Development Plan Reviews –155
•Planning Case Reviews –12
•Construction inspections –333
•Facility Inspections –59
Plan Reviews:
•Lowe’s –Rack Remodel, Fire Alarm Tenant Improvement
•Stuft Pizza –Addition
•Grocery Outlet –Fire Sprinkler Tenant Improvement
•Nothing Bundt Cakes –Tenant Improvement
•Andalusia Sales Center
•Montage Hotel –Private Fire Main, Emergency Generator, Diesel Tank
•La Quinta Country Club –Clubhouse Remodel
•Model Home Plans –Cantera, Signature @ PGA West -Townhomes
•Special Events –LQ Art Celebration, LQ Car Show & Ironman
Construction Inspections:
•Coral Mountain @ PGA West –Tract Access/Water
•Stone Creek Ranch –Tract Access/Water
•Epic Storage –Fire Sprinkler, Fire Alarm, Tenant Improvement
•VetIQ –Tenant Improvement
•Discount Pool & Spa Supply –Business Inspection / Fire Operational Permit –HazMat
Storage
•La Quinta Country Club –Clubhouse Remodel
•Tract Home Development Inspections –Andalusia, Griffin Ranch, Floresta, Carmela,
Signature, Residence Club & Rancho Santana.
•Custom Home Development Inspections –Madison Club, Hideaway, Traditions, The Palms
& Cove Community.
Facility Inspections:
•State Fire Marshal Mandated Annual Inspections were conducted on: Casitas Las Rosas,
Silverhawk, Legacy Villas, Desert Villas, Palm Royale, La Quinta Resort, Wolff Waters,
Mediterra, Villa Tampico & The Palms Assisted Living.
•Fire Code Complaint Inspections were conducted on the following facilities: Dune Palms
Mobile Estates, La Quinta Cliffhouse, Citrus Clubhouse, Floresta Entry Gate, PGA West –
Tournament Clubhouse & Laguna De La Paz Entry Gate.
•Confirmed Residential Fire Sprinkler system saved residential fire structure in the
Signature @ PGA West community (8/15/2021)
316
Significant Incidents
1.On 8/14/21,CAL FIRE /Riverside County Fire Department units responded to a reported
structure fire in the South side of La Quinta.First arriving engine reported a two-story
single-family dwelling with no smoke or fire showing.During investigation,a small fire in
the upstairs bathroom was located.However,the residential sprinkler system had
extinguished the fire.No reported injuries to civilians or firefighters.
2.On 8/25/21,CAL FIRE /Riverside County Fire Department responded to a vehicle
accident on Jefferson St and Pomelo in La Quinta.First arriving engine reported a two-
vehicle traffic collision with one victim trapped.Firefighters were able to stabilize the vehicle
and extricate the trapped victim.One patient was transported by AMR to a local area
hospital with minor injuries.The second victim denied treatment.The City of La Quinta
Public Works was notified of one damaged street light due to accident.
3.On 9/15/21,CAL FIRE /Riverside County Fire Department responded to a traffic collision
on Fred Waring and Monticello Ave in La Quinta.First arriving engine reported a single
vehicle traffic collision with a total of 3 patients.Vehicle had crashed into a tree in the
center divide.During crash,1 pediatric patient was ejected from the vehicle, sustaining
moderate injuries while the 2 adult patients suffered moderate to major injuries.The two
adult patients were transported by ground to Desert Regional Medical Center while the
pediatric patient was flown to Loma Linda Medical Center.
4.On 9/22/21,CAL FIRE /Riverside County Fire Department units responded to a reported
structure fire in the South side of La Quinta.Firefighters reported a large single-story,
single-family dwelling with light smoke showing from the garage.Firefighters were able to
confine the fire to the garage and two vehicles with no extension into the residence.No
injuries were reported.
317
318
P!s
INTERNATIONAL AIRPORT p�
AIRPORT COMMISSION MEETING AGENDA
Wednesday, September 22, 2021 -5:30 P.M.
Pursuant to Executive Order N-29-20, this meeting will be conducted by teleconference and there will be no in
person public access to the meeting location.
To view/listen/participate in the meeting live, please use the following link:
https://us02web.zoom.us/j/83764460381?pwd=QOSvNlpGaFlkUUSXWDVrelVGaOl6UT09
Meeting ID: 837 6446 0381 -Passcode: 185579 -Phone: (669) 900-6833
•Those who wish to provide public comment durir)gJbe.,meeting may submit their comments and contact
information to nadia.seery@palmspringsca.ge5v.Transmittal before 4:00 P.M. on the day of the meeting
is required to be added to the public comment queue. At the appropriate time, a staff member will invite
you to provide your public testimony to the Commission.
•Written public comment may also be submitted to cityclerk@palmspringsca.gov. Transmittal prior to the
meeting is required. Any correspondence received during or after the meeting will be distributed to the
Board/Commission as soon as practicable and retained for the official record.
Pursuant to G. C. Section 54957.5 the designated office for inspection of public records in connection with the
public meeting of the Airport Commission is the Office of thl:l City Clerk, City Hall, located at 3200 E. Tahquitz
Canyon Way, Palm Springs, California 92262. It is the intention of the City of Palm Springs to comply with the
Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, you
will need special assistance beyond what is normally provided, the Department of Aviation will attempt to
accommodate you in every reasonable manner. Please contact (760) 318-3800 forty-eight hours prior to the
meeting to inform us of your particular needs and to determine if accommodation is feasible. Please advise us
at that time if you will need accommodations to attend or participate in meetings on a regular basis .
City of Palm Springs:
Aftab Dada -Chair David Feltman
Kevin J. Corcoran Ken Hedrick
Vice Chair
Gerald Adams Scott G. Miller
Patricia Breslin John Payne
Todd Burke M.Guillermo Suero
Riverside County: City of Cathedral City:
Peter Freymuth Jill Philbrook
City of Indian Wells: City of Coachella:
Paul Budilo Gabriel Martin
City of La Quinta: City of Desert Hot Springs:
Kathleen Hughes Jan Pye
Palm Springs City Staff
. .
Justin Clifton Ulises Aguirre, C.M.
City of Palm Desert:
Rolf Hoehn
City of Rancho Mirage:
Thomas Weil
City of Indio:
Jhan Schmitz
City Manager Airport Executive Director
AFFIDAVIT OF POSTING
I, Ulises Aguirre, Airport Executive Director, City of Palm Springs, California, hereby certify
this agenda was posted on September 16, 2021, in accordance with established policies
and procedures.
1.CALL TO ORDER -PLEDGE OF ALLEGIANCE
2.POSTING OF AGENDA
REPORTS AND INFORMATIONAL ITEM NO. 29
319
320
Palm Springs Airport Commission Report – September 22, 2021 ZOOM Meeting
Executive Director, Ulises Aguirre’s Report:
August 2021 was 20.4% higher than August 2019 and the busiest summer in airport history.
September also looks to be very strong.
Two new airport rescue &fire‐ fighting trucks arrived at end of August. They have a life of 15
years and are valued at $2 million through FAA funding. PSP is required to have 2 trucks on site
for an airport of this size. Will refurbish perhaps 1‐2 of our old trucks or could possibly sell one
of them to another airport.
Capital Projects ‐ 4 sky bridges have now been completed and two more will be done by end of
October. Airport is ahead of schedule.
Airport Operations ‐ Optigo Hygiene System is being tested and provides a QR code for airport
travelers’ feedback. This system will start to build trend info before our peak travel demand
begins and make the airport more efficient. It tells airport staff when/how often restrooms
need to be cleaned and products supplied, when hand sanitizer stations are empty, and overall
evaluates the overall airport hygiene.
Marketing – Daniel Meier reports that Southwest Airlines has earned $345,000 towards their
Oakland and Denver routes in airport incentives. He is very confident about forward bookings
and is projecting significant increases for the September – November. Also the airport currently
owns the website address of flypalmsprings.com and was gifted by the CVB flyPSP.com . This is
very important to future marketing communication.
Finance Concession Summary – Wine Bar will open on October 10 and Buzz By Bar Fly is
projected to be open the week before. By mid‐October both should be up and running smoothly
with commissions returning to PSP concession budget.
Discussion and Action Report:
City Manager Report – Justin Clifton not available to attend this meeting
Update on Boxing Club as a Cooling Center for PS Homeless – Jay Verada, spokesperson on behalf
of Martha’s Village commented that from August 31‐September 9 there were 98 unduplicated
clients and 171 in total had checked in and 46 had showers. There is a 24 hour contact number to
Martha’s Village and a two year term has been signed with his non‐profit. Captain Mike Kovaleff of
PS Police verified that there was zero negative impact since the Boxing Club opened. Majority of
homeless arrive on a shuttle and only 20 allowed inside at any one time due to COVID. Since they
primarily shuttle there has been no loitering. Councilmember Peter Freymuth once again expressed
his concern over compensation due to the federal owned airport that is due from City of Palm
Springs. There has been no response on this subject from City of Palm Springs except to state that it
is a temporary situation.
Consideration of Submitting Priorities /Areas of Focus of Airport Commissioners over 2022 – After
a lengthy discussion it was ultimately decided that the primary focus will be on the car rental facility
and its location, structure requirements and to set a timetable for its construction as it is a large
revenue budget item for the airport.
321
Secondly, the airport commission wants to combine other issues as well into 2022 including the
airport concession agreement which is to be determined in Spring 2023 and ensure that a RFP is out
in a timely manner that would allow local business to apply. Another very popular issue which
gained 19 votes from the commissioners is the consideration into future international service for
PSP which requires customs, immigration, a “sterile facility” and separate baggage claim. Right now
a 737 could be accommodated but large gauge aircraft doesn’t have significant parking at PSP.
However, an Airbus 320XLR is being built that could land at airports the size of PSP. Rolf Hoehn,
Palm Desert Airport Commissioner (ex‐Lufthansa Director of USA and also Latin America) reminds us
to leverage the $3.5 trillion infrastructure federal bills and take advantage like Ontario did in the
1990’s. The use of prefab buildings could fit the requirements. If growth continues at PSP we will
need to develop a regional concourse that can handle both domestic and international flights and
passengers. It is a definite way to expand our tourism growth and Europeans seek hot weather.
These issues will be presented to the Palm Springs City Council for their evaluation and response.
Next Commission Meeting by ZOOM is planned for October20.2021 at 5:30 pm.
Kathleen Hughes
La Quinta Airport Commission Representative
322
FINANCIAL ADVISORY COMMISSION MINUTES 1 JUNE 2, 2021
SPECIAL MEETING
FINANCIAL ADVISORY COMMISSION
SPECIAL MEETING
MINUTES
WEDNESDAY, JUNE 2, 2021
CALL TO ORDER
A special meeting of the Financial Advisory Commission (Commission) was
called to order at 4:00 p.m. by Chair Mills.
This meeting was held by teleconference pursuant to Executive orders N-25-
20, N-29-20, N-33-20, N-35-20, and N-60-20, executed by the Governor of
California in response to the state of emergency relating to novel coronavirus
disease 2019 (COVID-19) and enabling teleconferencing accommodations by
suspending or waiving specified provisions of the Ralph M. Brown Act
(Government Code § 54950 et seq.).
PRESENT: Commissioners Batavick, Hoffner, Hunter, Twohey, Way, and
Chair Mills
ABSENT: None
VACANCY: One
STAFF PRESENT: Financial Services Analyst Hallick, Interim Finance Director
Martinez, Management Assistant Delgado
PLEDGE OF ALLEGIANCE
Commissioner Hoffner led the audience in the Pledge of Allegiance.
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None
CONFIRMATION OF AGENDA
Commissioner Mills requested a discussion on a nominating committee for Chair
and Vice-Chair recommendations under Commissioners’ Items.
The Commission concurred.
ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS
– None
REPORTS AND INFORMATIONAL ITEM NO. 30
323
FINANCIAL ADVISORY COMMISSION MINUTES 2 JUNE 2, 2021
SPECIAL MEETING
CONSENT CALENDAR ITEMS
1. APPROVE SPECIAL MEETING MINUTES DATED MAY 12, 2021
Motion – A motion was made and seconded by Commissioners Hoffner/Twohey
to approve the Consent Calendar, as submitted. Motion passed: ayes 4, noes
0, vacancy 1, abstain 2 (Mills and Way).
BUSINESS SESSION
1.DISCUSS FISCAL YEAR 2021/22 PROPOSED BUDGET AND
APPROVE ALLOCATION OF MEASURE G SALES TAX REVENUE
Interim Finance Director Martinez and Financial Services Analyst Hallick
presented the staff report, which is on file in the Finance Department.
The Commission and staff discussed process for fire alarm services and
citations; Measure G allocation for public safety contract services reserves and
additional general fund operational expenses, and Measure G allocation for
Highway 111 Corridor (Corridor) improvements as proposed in Measure G
Revenues and Uses Summary handout to the staff report; process for reserve
allocations; and process for seeking Council approval for City projects.
The Commission requested to have Measure G reserves allocations be
presented to the Commission for review and approval prior to actual
expenditures; and expressed a general concern regarding allocating additional
funds for capital improvement projects without a detailed accounting plan on
how funds would be spent.
Staff noted that all expenditures over $50,000 require Council approval per the
City’s Purchasing Policy.
The Commission requested that staff provide the Commission with quarterly
updates of planned and actual expenditures related to the Corridor project.
Motion – A motion was made and seconded by Commissioners Batavick/Hoffner
to approve the fiscal year 2021/22 allocation of Measure G sales tax revenue
as recommended; and to provide the Commission with quarterly updates on
planned and actual expenditures related to the Highway 111 Corridor project.
Motion passed: ayes 6, noes 0, vacancy 1.
STUDY SESSION – None
DEPARTMENTAL REPORTS – None
324
FINANCIAL ADVISORY COMMISSION MINUTES 3 JUNE 2, 2021
SPECIAL MEETING
COMMISSIONERS’ ITEMS
Chair Mills thanked Commissioners Hunter, Rosen, and Twohey for their
dedicated public service and commitment to the Commission, and dedicated
service to the community. He noted he sent an email to staff and Council
expressing a concern that a majority of the Commission’s members’ terms are
set to expire, and provided a recommendation that the term’s rotation schedule
be amended.
Chair Mills updated the Commission on his attendance of the Planning
Commission (PC) meeting of April 27, 2021; said he inquired on PC’s strategy
to evaluate future expenses for electric vehicle charging stations, and is
awaiting a response from PC.
Chair Mills mentioned the final meeting for the Library Development Impact Fee
(DIF) Study subcommittee is still pending; the 10-year Financial Projections
subcommittee is to be started in the Fall of 2021; and that the Long-Range
Strategic Planning subcommittee was appointed three Commissioners (Mills,
Hoffner, and Rosen) but would be short one Commissioner due to the
resignation of Commissioner Rosen. Commissioner Way volunteered to join
subcommittee if needed.
Chair Mills said at the April 20 and May 4, 2021 Council meetings, the developer
presented an update on the SilverRock Resort project progress and developer’s
efforts to cure the default under the Purchase, Sale, And Development
Agreement; the form-based code study for the Highway 111 Corridor project
was presented at a Special Joint Meeting of the City Council and Planning
Commission on May 18, 2021; and that all meeting videos can be found on the
City’s website if any Commissioner would like to watch. Commissioner Way said
a comprehensive update on the development of the SilverRock project,
specifically the Montage hotel component, was presented at the June 1, 2021,
Council meeting.
Chair Mills inquired on how the Commission can be more proactive and
suggested having a discussion on this at the next Commission meeting once
new Commissioners have been appointed. Staff noted that the Commission’s
work plan is listed in the La Quinta Municipal Code and included in the City’s
Investment Policy.
Chair Mills inquired on the process for adding items on the agenda; and
requested that staff have correspondence issued as responses to individual
Commissioner’s inquiries to be disseminated to the entire Commission. Staff
asked the Commission to direct their comments and questions directly to staff,
Interim Finance Director Martinez, Financial Services Analyst Hallick, and
Management Assistant Delgado, to ensure a timely response is issued should a
325
FINANCIAL ADVISORY COMMISSION MINUTES 4 JUNE 2, 2021
SPECIAL MEETING
staff member be out of the office and to ensure communication is distributed
in compliance with the Brown Act.
Chair Mills suggested that he and Commissioner Way serve on a nomination
committee to provide recommendations to the Commission for the upcoming
Chair and Vice-Chair appointments at the next meeting. Staff noted this item
will be agendized for the Commission’s review and consideration at the first
meeting of the new fiscal year per the La Quinta Municipal Code and that each
Commissioner in attendance would have the opportunity to nominate
themselves or another Commissioner for the role of Chair and Vice-Chair.
The Commission inquired if the applications submitted to the City by candidates
interested in serving on the Commission would be available for review. Staff
noted Council will conduct the interviews during a public meeting, scheduled
for June 23, 2021, at 5:00 p.m.
ADJOURNMENT
There being no further business, it was moved and seconded by Commissioners
Way/Twohey to adjourn this meeting at 6:07 p.m. Motion passed: ayes 6, noes
0, vacancy 1.
Respectfully submitted,
Jessica Delgado, Management Assistant
City of La Quinta, California
Digitally signed by Jessica Delgado
DN: cn=Jessica Delgado, o=City of
La Quinta, ou=Finance,
email=jdelgado@laquintaca.gov,
c=US
Date: 2021.10.06 14:07:09 -07'00'
326
POWER POINTS
CITY COUNCIL
MEETING
OCTOBER 19, 2021
10/19/2021
1
City Council Meeting
October 19, 2021
10/19/2021
City Council Meeting
October 19, 2021
Closed Session In Progress
10/19/2021
1
2
10/19/2021
2
Pledge of Allegiance
10/19/2021
Public Comment - Teleconference
Join virtually via Zoom
https://us06web.zoom.us/j/813
25311999
Meeting ID: 813 2531 1999
“Raise Hand” to speak
Limit Comments to 3 minutes
10/19/2021
3
4
10/19/2021
3
Public Comment - Teleconference
Join virtually via Zoom
by phone: (253) 215 - 8782
Meeting ID: 813 2531 1999
*9 = Raise Hand
*6 = Unmute
Limit Comments to 3 minutes
10/19/2021
Public Comment – Raise Hand
10/19/2021
5
6
10/19/2021
4
Public Comment – Raise Hand
10/19/2021
10/19/2021
7
8
10/19/2021
5
City Council Meeting
October 5, 2021
Presentations
10/19/2021
City Council Meeting
October 5, 2021
P3 – New Branding for SilverRock
Resort
10/19/2021
9
10
10/19/2021
6
10/19/2021
City Council Meeting
October 19, 2021
B2 – Approve Agreement for Contract Services with
Action Park Alliance for X Park Management and
Maintenance Services
10/19/2021
11
12
10/19/2021
7
Background
•RFP issued on August 6, 2021
•Received proposals from two firms;
interviewed by selection committee
•Action Park Alliance (APA) selected based
on qualifications and experience
10/19/2021
Action Park Alliance
•Currently manages four skateparks
•Over 20 years of experience
coordinating skatepark programming
and events
•Access to professional action sport
athletes
10/19/2021
13
14
10/19/2021
8
Operating Costs
Day Hours Staffing Entry Fees Cost
Cost with
Membership/
User Charges*
Mon-Tues
Wed-Fri
Sat-Sun
CLOSED
12pm-2pm
2pm-9pm
9am-12pm
12pm-9pm
2
3
2
3 Yes $260,390
Cost without
Membership/
User Charges
Mon‐Tues
Wed ‐Fri
Sat‐Sun
CLOSED
12pm‐2pm
2pm‐9pm
9am‐12pm
12pm‐9pm
2
3
2
3 No $285,390
*APA anticipates generating $25,000 in membership fees which will be
applied to reducing operation costs.10/19/2021
Membership/User Charges
Fees
Residents daily fee- $2
Non-resident daily fee-$4
Resident membership- $25
(one-time)
Non-resident membership- $50
(one-time)
•Daily & Membership
•Council could delay
enactment of user
charges
10/19/2021
15
16
10/19/2021
9
ACTION PARK ALLIANCEACTION PARK ALLIANCE
PROFESSIONAL SKATEPARK MANAGEMENTPROFESSIONAL SKATEPARK MANAGEMENT
10/19/2021
25+ YEARS OF EXPERIENCE
ACTION PARK ALLIANCE IS THE ONLY SKATEPARK MANAGEMENT COMPANY IN THE USA THAT PARTNERS
WITH MUNICIPALITIES TO CREATE UNIQUE PUBLIC‐PRIVATE PARTNERSHIPS. WE OPERATE FOUR PUBLIC
SKATEPARKS ACROSS THE COUNTRY WITH ANNUAL ATTENDANCE OF OVER 1 MILLION. EACH YEAR WE
HOST OVER 50 CONTESTS & EVENTS, TEACH 1,000+ HOURS OF PRIVATE LESSONS AND CONDUCT 32
WEEKS OF SKATE CAMP.
●OWNED & OPERATED BY
ACTION SPORTS PROFESSIONALS
●FULLY‐INSURED SKATEPARK FACILITIES
●SERVING THE COMMUNITY YEAR‐
ROUND
●WE BRING VALUE TO YOUR FACILITY
●WE PARTNER WITH LOCAL
BUSINESSES
●TAX AND TOURISM BENEFITS
●FULL BRANDING AND MARKETING
TEAM
AARON “WHEELZ” FOTHERINGHAM
WORLD WCMX CHAMPIONSHIP ‐ACTION PARK GRAND PRAIRIE
AARON “WHEELZ” FOTHERINGHAM
WORLD WCMX CHAMPIONSHIP ‐ACTION PARK GRAND PRAIRIE
10/19/2021
17
18
10/19/2021
10
THE APA DIFFERENCE
SELECTING, TRAINING, AND MANAGING LOCAL PARK STAFF IS CRITICAL TO OPERATING A WELL‐SUPERVISED &
SAFE SKATE PARK. OUR SUPERVISORY PERSONNEL ARE TRAINED IN PARK POLICIES AND PROCEDURES AS WELL AS
FIRST AID, CPR, AND HEALTH AND SAFETY STANDARDS (INCLUDING ENHANCED COVID PROTOCOLS).
10/19/2021
MUNICIPAL BENEFITS
THE PRIMARY ADVANTAGE OF AN APA SKATEPARK IS THAT IT MAKES A SUPERVISED, PROGRAMMED
SKATEPARK POSSIBLE BY REDUCING RISK AND COSTS TO THE CITY SUCH AS STAFFING, UPKEEP AND
COURSE MAINTENANCE.
WE PROVIDE SAFE AND INCLUSIVE ENVIRONMENTS
PARENTS WILL FEEL COMFORTABLE DROPPING THEIR CHILDREN OFF AT AN APA FACILITY STAFFED BY
EXPERIENCED RECREATION PROFESSIONALS. THEY WILL BE GRATEFUL TO THEIR COMMUNITY FOR
PROVIDING A SUPERVISED FACILITY WHERE SAFETY IS THEHIGHEST PRIORITY. COMMUNITIES WILL ALSO
ENJOY THE SECURITY OF KNOWING OUR PRIME CONCERN IS THE WELFARE OF EACH AND EVERY YOUNG
PERSON USING THE PARK.
10/19/2021
19
20
10/19/2021
11
MUNICIPAL BENEFITS
PROTECTION FROM LIABILTY – INSURANCE IS PRIMARY AND NON‐CONTRIBUTORY
PROGRAMMING –FULL ACTION‐PACKED ANNUAL SCHEDULE OF EVENTS AND PROGRAMS
YOUTH DEVELOPMENT –MENTORING AT‐RISK YOUTH
REDUCED COST –OUR EXPERIENCE AND STREAMLINED PROCESSES ALLOWS US TO DELIVER MORE
SERVICES TO MORE USERS AT LOWER COST
PROFESSIONAL STAFF –OUR LEADERSHIP HAS OVER 25 YEARS OF SKATEPARK MANAGEMENT EXPERIENCE
MARKETING –TOP‐NOTCH MATERIALS AND INNOVATIVE IDEAS DESIGNED FOR YOUR COMMUNITY
INDUSTRY AND ATHLETE RELATIONSHIPS –OUR CONTACTS RANGE FROM PROFESSIONAL ATHLETES TO
FOUNDERS OF MAJOR INDUSTRY COMPANIES THROUGHOUT ACTION SPORTS
10/19/2021
SPECIAL EVENTS
THROUGH SKATEPARK MANAGEMENT WE HAVE ALSO BECOME EXPERTS AT CREATING, PRODUCING AND
HOSTING SPECIAL EVENTS. OUR SKILL SET RANGES FROM SMALL COMMUNITY ACTIVATIONS TO LARGE‐
SCALE TELEVISED EVENTS. OUR GOAL IS TO CREATE AN EVENT UNIQUE TO EACH COMMUNITY WE
OPERATE IN, AND SUPPORT THEM IN THE PRODUCTIONS OF THEIR OWN.
10/19/2021
21
22
10/19/2021
12
10/19/2021
THANK YOU
10/19/2021
23
24
10/19/2021
13
10/19/2021
City Council Meeting
October 19, 2021
B3 – EnerGov Software Purchase
10/19/2021
25
26
10/19/2021
14
Permitting and Licensing Software
•Existing Software, TRAKiT
•Issues and impacts of COVID-19
•Strategy for upgrade
10/19/2021
Existing Challenges
•Business Licenses manually reviewed
•Limited property information
•Concurrent users limitation
•Lack of reporting
10/19/2021
27
28
10/19/2021
15
RFP and Interviews
•Issued in November 2021
•9 responses received
•3 Firms chosen for interviews in January 2021
•Tyler’s EnerGov Software selected
10/19/2021
Tyler versus TRAKiT
Business License Automation
GIS Integration
Economic Data Reporting
Permit Review Streamline
Resident and Business
Self-Service Portal
Limited Automation
Issues w/ Online Mapping
Lack of Accessible Tracking
Lack of Decision Engine
Limited Detail for Research
and Property Information
10/19/2021
29
30
10/19/2021
16
Anticipated Upgrades
10/19/2021
10/19/2021
31
32
10/19/2021
17
10/19/2021
10/19/2021
33
34
10/19/2021
18
Questions?
10/19/2021
10/19/2021
35
36
10/19/2021
19
City Council Meeting
October 19, 2021
PH1 – Street Vacation at Avenida
Madero & Calle Tecate
10/19/2021
Recap
•September 21 Council meeting
–Reconsidered proposed street vacation at Avenida Madero and Calle Tecate
•Not needed for street purposes
•PC made finding that it’s consistent with the La Quinta General Plan
•Exempt under CEQA Guidelines, Section 15301(c) – Class 1
•No objections and no easements requested from utility agencies
–Revise street vacation area to provide some distance between the existing
Bear Creek Trail sidewalk and entry sign post and vacation area
–Continued public hearing to October 19, 2021 to allow time to revise legal
description and plat
10/19/2021
37
38
10/19/2021
20
Revised Street Vacation
•3.5ft from Bear Creek Trail entry
sign post
•Minimum 3ft from trail sidewalk
10/19/2021
10/19/2021
39
40
10/19/2021
21
•Technical review has been approved
Legal Description and Plat
10/19/2021
10/19/2021
41
42
10/19/2021
22
City Council Meeting
October 19, 2021
S1 – Annual Development Agreement
Review
10/19/2021
Active Development
Agreements
•Village Park
Animal Hospital
•SilverRock
•Legacy Villas
•Signature
•Centre Pointe
10/19/2021
43
44
10/19/2021
23
SilverRock Resort
•Amendment 4 to PSDA
recently approved
•Modifies development
schedule and TOT
Agreement
•Increases purchase price on
“Future Resort Property“ for
missing milestones
•Requires hotel operator to
manage all resort
residential STVR’s
10/19/2021
Legacy Villas
•280-unit
residential
resort on 44.61
acres
•Centex Homes
•Construction
complete
•Mitigation fees
are delinquent
10/19/2021
45
46
10/19/2021
24
Signature at PGA
West (Edenrock)
•264 condo/townhome
units on 41.95 acres
•Crowne Pointe
Partners, LLC
•New developer:
WPG LQ, LLC
•Mitigation fees are
partially paid
10/19/2021
Centre Pointe
•134 room hotel
•164 condo/casitas units
•40 constructed & occupied
•Two restaurants
•Medical office/surgical facility
•132 suite retirement
community, 72 suite assisted
living, and a 32-bed memory
care facility
•Pioneer Park
•Mitigation fees are delinquent
10/19/2021
47
48
10/19/2021
25
10/19/2021
49
HAND OUTS
CITY COUNCIL
MEETING
OCTOBER 19, 2021
TExp. 12-31-21SATEFOR
NIAOFCALI ARMANDO M.MAGANANo. 8232L
YEVRUSDNALDES
NECI
ROEXHIBIT "B"
TExp. 12-31-21S
AT
E F O RNIAOF CA L I
ARMANDO M.
MAGANA
No. 8232L YEV
R
USDNALDESNECI
ROEXHIBIT "C"
CITY COUNCIL MEETING - OCTOBER 19, 2021 - HAND OUT BY RESIDENT GILDA BRASCH
PUBLIC HEARING ITEM NO. 1 - OPPOSING THE PROPOSED STREET VACATION ON AVENIDA MADERO/CALLE TECATE
Trail sidewalk should remain as desert landscaping. It should be
aesthetically and environmentally match the south side. That way
you do your duty with a capital D to protect and preserve the view
corridor facing south as a n authentic Desert scenic view to the
Santa Rosa National Wilderness Preserve.
First a question please, the new site survey plot plan does not state
who drew it? Was this the city engineer or surveyor? And at who's
expense?
We are still curious as to why a traffic study has not been ordered,
considering the following:
•The parcel is bordering the Bear Creek Tr ail, a public walking
trail, with high pedestrian and recreation traffic. Wouldn't this
change of use -this resignation -warrant a traffic study for
pedestrian safety?
•The parcel is on a 90 degree curve, at the apex of an
uncontrolled intersection. The curve is" hard to see" at night
per the city engineer statement in the Sept meeting.
•There are presently two 4'x6' big yellow arrows on the parcel to
be vacated so cars don't run off the road at night. Wouldn't
this change alone warrant a traffic study for motorist safety?
California EQA Section 15301
CITY COUNCIL MEETING - OCTOBER 19, 2021 - HAND OUT BY RESIDENT GILDA BRASCH
PUBLIC HEARING ITEM NO. 1 - OPPOSING THE PROPOSED STREET VACATION ON AVENIDA MADERO/CALLE TECATE
The city states this petition is "categorically exempt" from 15301.
The city claims the vacation to be a "negligible expansion of former
or existing use." We believe that the vacation of this parcel and
transfer from public to private ownership is a re-designation of
"former use," and therefore not exempt. We feel there is an
environmental impact, including the potential obstruction of sight
lines of the Santa Rosa and San Jacinto National Monument and
Wilderness Preserve.
In addition, whether intentionally or not, the whole process seems to
exhibit favoritism towards the petitioner
The 10 supporters of the petitioner were all mailed notices about
the hearing tonight. Yet the immediate area residents have not been
mailed a notice of hearing since August.
Re the petition supporters and the state Highway Code 8321 ... At
least two of the petitioners shall be residents of the road district
in which some part of the street or highway proposed to be
vacated is situated.
We are not aware of any of these 10 names actually being residents
in this immediate area or "road district" of the parcel.
As far as public notification, yes, there are the three signs, however
We do have issue with the dates of the Desert Sun posting, which
CITY COUNCIL MEETING - OCTOBER 19, 2021 - HAND OUT BY RESIDENT GILDA BRASCH
PUBLIC HEARING ITEM NO. 1 - OPPOSING THE PROPOSED STREET VACATION ON AVENIDA MADERO/CALLE TECATE
according to state highway code needs to be for two weeks, and
you published on the first and the eighth of October. The 8th was 11
days ago which is not inside the time span required for such public
notice to be each week for two weeks before.
Code 8322:
•(a) Except as provided in subdivisions (b) and (c), notice of the
nearing oh the proposed vacation shat/ be published for at
least two successive weeks prior to the hearing in a dailY,
semiweeklY, or weekly newspaper published and circulated in
the local agency conducting the proceeding and which is
selected by the legislative body for that purpose or by the clerk
or other officer responsible for the publication where the
legislative body has not selected any newspaper for that
purpose.
In addition the second page for a parcel vacation application per the
city of La Quinta has in big bold underlined capital letters the
following items that MUST BE INCLUDED by the petitioner.
One of the application's mandatory attachments is a plot plan that
must show any walls, driveways, landscaping etc. That is not on the
former or the present plot plan.
This is a major omission on the application. Again, we hope you
consider where the driveway is placed of utmost importance, as this
CITY COUNCIL MEETING - OCTOBER 19, 2021 - HAND OUT BY RESIDENT GILDA BRASCH
PUBLIC HEARING ITEM NO. 1 - OPPOSING THE PROPOSED STREET VACATION ON AVENIDA MADERO/CALLE TECATE
is an in uncontrolled intersection with huge 4' x 60 yellow arrow
signs, two of them, alerting drivers of the curve. Why is the city not
even concerned to see this as stated on the city application? And
again, we request a traffic study of this intersection to determine the
safest placement for the new driveway.
Next, the environmental form requested by the city of La Quinta has
a question eight for the petitioner to comment on any histo rical,
cultural or scenic significance of the parcel in question. The
petitioner, or should I say the architect that wrote this petition for the
petitioner, has purposefully left that key question blank, and there
seems to be no issue with that from the city. Again, this is next to
the Bear Creek Trail and is the gateway to of the Santa Rosa
Mountain National Wilderness. There is also the indigenous
sculpture close to the lot with bear and fish.
And finally, all of the 10 form letters signed by the supporters of the
petitioner, all of them have an incorrect address. Ironically, the
address of the parcel requested on the 10 letters is Avenida Madero
and Avenida Protero, Mr. Herrera's intersectio.
So in summary, this petitioner seems to have the support of the city
bending over backwards, paying for new plot plans, and granting
favoritism for a sloppy and incomplete petitioner application that
should have been rejected from the start.
We as the residents that actually live on the street, and not the 10
CITY COUNCIL MEETING - OCTOBER 19, 2021 - HAND OUT BY RESIDENT GILDA BRASCH
PUBLIC HEARING ITEM NO. 1 - OPPOSING THE PROPOSED STREET VACATION ON AVENIDA MADERO/CALLE TECATE
supporters of the petitioner that have vested interest in this parcel
as paid architects, engineers, and builders hired by owners of the
lot, we urge you to take more time to study this. (Which by the way,
it's interesting to note, that in the Sept. hearing, Welsh pointed the
finger at Mr. Herrera stating that he is only against the petition
because Welsh hired another contractor. Now we have more
clarification as to why Mr. Welsh would point the finger at Mr.
Herrera in such a way, as he expects anyone in his employment to
support him.)
In addition we question the several letters of support that have the
last name of Welsh. You have redacted the addresses, but curious
to know what they are stating as their address of residence? Is it the
unbuilt lot? That would not be a residence. And, can a relative of the
petitioner also sign on as one of the 10 supporters?
In addition, note that both on the petition application and the La
Quinta environmental form, the petitioner did not even bother to
sign his own forms and had these paid consultants m/supporters
sign and process all paperwork for him .
Ms. Mayor we respectfully ask reconsideration to preserve the
cultural scenic and historic aspects of this lot directly adjacent to
the public Bear Creek Trail. And as we again suggest, just grant the
petitioner access for driveway like the rest of his neighbors have.
Gilda Brasch
CITY COUNCIL MEETING - OCTOBER 19, 2021 - HAND OUT BY RESIDENT GILDA BRASCH
PUBLIC HEARING ITEM NO. 1 - OPPOSING THE PROPOSED STREET VACATION ON AVENIDA MADERO/CALLE TECATE
La Quinta
CITY COUNCIL MEETING - OCTOBER 19, 2021 - HAND OUT BY RESIDENT GILDA BRASCH
PUBLIC HEARING ITEM NO. 1 - OPPOSING THE PROPOSED STREET VACATION ON AVENIDA MADERO/CALLE TECATE
WRITTEN
PUBLIC
COMMENT
CITY COUNCIL
MEETING
OCTOBER 19, 2021
1
From:
Sent:Tuesday, October 19, 2021 1:00 PM
To:City Clerk Mail
Subject:Written Comments, Public Comment for meeting October 19, 2021
EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening
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From:
Thomas Gregory, La Quinta, CA 92253
Public Hearings Continued from September 21, 2021
RECONSIDERATION TO ADOPT RESOLUTION TO VACATE A PORTION OF THE
INTERSECTION OF AVENIDA MADERO AND CALLE TECATE (Page 265)
Dear Council Members,
I have been a resident in La Quinta for 13 years. I have always admired the La Quinta Cove area at
Bear Creek Trail and surroundings, so much so that I purchased a home on Avenida Madero last
year. I have several questions, comments and concerns about the nearby Street Vacation
Application that has been filed.
I was not made aware of this application until yesterday because the “Publishing” requirements do
little to inform residents of proposed activity. First off, the newspaper in which they were purportedly
published has never been delivered to my house 150 yards away from the site. Secondly, the notices
were not adequately posted onsite as reported. They may have been posted, but I, as a wheelchair
user, did not have sufficient access to the notices to read them from several feet away.
Digging a little deeper into the Application process, I found the letters that were supposedly mailed to
ten property owners petitioning for the street vacation. First off, why didn’t the neighboring residents
receive these letters? Secondly, I want to clarify that there is no “Southwest Corner of Avenida
Madero and Calle Potrero” as stated in the form letter. Calle Potrero ends at Avenida Madero and
heads only eastward. Furthermore, all of the people submitting the petitioning letters with incorrect
location details have a vested interest in the development of the property. They include:
- Three relatives of the land owner, including Michael, who states his residence is in WA, but he owns
a VRBO in La Quinta.
- Three of the petitioners are the contractor slated to develop the property and his relatives (Coronel).
- The rest are realtors with close ties to the recent sale of this property, some of them in the same
office (Coronel and Velez).
I have not seen any architectural renderings for proposed development of the vacant lot, but I am
concerned that the development will adversely affect the natural beauty of the public lands upon the
approach from either the north or the east. The city of La Quinta has done so much to improve the
area and it would be a shame to obscure the gates and amenities recently completed in the area. I
think, at the very least, this Street Vacation Application needs to be completed and verified correctly
before it can be properly evaluated. Thank You.
Sincerely,
Thomas Gregory, La Quinta, CA
CITY COUNCIL MEETING - OCTOBER 19, 2021 - WRITTEN PUBLIC COMMENTS BY RESIDENT THOMAS GREGORY
PUBLIC HEARING ITEM NO. 1 - OPPOSING THE PROPOSED STREET VACATION ON AVENIDA MADERO/CALLE TECATE
The residents listed belo\N gave
verbal presentations of the
enclosed materials, \Nhich are also
included as Written Comments:
(Presentations are in the order in which the residents spoke)
•Alena Callimanis
•Public Speaker
•Gilda Brasch
•Alena Callimanis
Review of Key Charts fro m CVWD Indio Subbasin
Water Management Plan Draft Update –
Comments for Indio Subbasin Alternative Plan
Update – Public Workshop #7 Oct. 20, 2021
Alena Callimanis
La Quinta, CA 92253
CITY COUNCIL MEETING - OCTOBER 19, 2021 - PUBLIC COMMENTS BY RESIDENT ALENA CALIMANIS
MATTERS NOT ON THE AGENDA - CVWD INDIO SUBBASIN WATER MANAGEMENT PLAN DRAFT UPDATE
Figure ES-2 shows the cumulative change in storage for the Indio Subbasin since 1970. Since 2009, the Indio Subbasin
has recovered approximately 840,000 acre-feet (AF) of groundwater in storage, or about 45 percent of the cumulative
depletion observed from 1970 to 2009.
Without the Colorado River water, this uptick would not
have occurred
CITY COUNCIL MEETING - OCTOBER 19, 2021 - PUBLIC COMMENTS BY RESIDENT ALENA CALIMANIS
MATTERS NOT ON THE AGENDA - CVWD INDIO SUBBASIN WATER MANAGEMENT PLAN DRAFT UPDATE
CITY COUNCIL MEETING - OCTOBER 19, 2021 - PUBLIC COMMENTS BY RESIDENT ALENA CALIMANIS
MATTERS NOT ON THE AGENDA - CVWD INDIO SUBBASIN WATER MANAGEMENT PLAN DRAFT UPDATE
Uses of Colorado River, aka Coachella Canal,
listed in the CVWD document
•Initially water from the Canal was used exclusively by
agriculture
•Then Canal water was used by golf courses and HOAs
for irrigation (like SilverRock which uses 99% Colorado
River water)
•Used to replenish the aquifer water at the Thomas E.
Levy Groundwater Replenishment Facility, right by the
Coral Mountain Resort
CITY COUNCIL MEETING - OCTOBER 19, 2021 - PUBLIC COMMENTS BY RESIDENT ALENA CALIMANIS
MATTERS NOT ON THE AGENDA - CVWD INDIO SUBBASIN WATER MANAGEMENT PLAN DRAFT UPDATE
We don’t have unlimited water
•What happens when Colorado River allocations drop and they will
•We need to stop the water waste that has been going on for years
–City Governments in the Valley approving every excessive water
use requested by developers -Coral Mountain Resort is requesting
338 million gallons for their project –& we want to stop Nestle’s
taking 59 million gallons
•We need to stop this water waste and massive evaporation in the
desert during this terrible drought and increasing high heat and
wind events
•These out of state developers do not seem to care about the
California drought and wildfires
•Water is the Valley’s lifeblood we must preserve.
CITY COUNCIL MEETING - OCTOBER 19, 2021 - PUBLIC COMMENTS BY RESIDENT ALENA CALIMANIS
MATTERS NOT ON THE AGENDA - CVWD INDIO SUBBASIN WATER MANAGEMENT PLAN DRAFT UPDATE
How can we work together to find a development
that doesn't require a significant zoning change to
commercial/ tourism adjacent to established
neighborhoods
CITY COUNCIL MEETING - OCTOBER 19, 2021 - PUBLIC COMMENTS BY RESIDENT ALENA CALIMANIS
MATTERS NOT ON THE AGENDA - CVWD INDIO SUBBASIN WATER MANAGEMENT PLAN DRAFT UPDATE
Cantera at Coral Mountain
New Beazer Homes
Development
CITY COUNCIL MEETING - OCTOBER 19, 2021 - PUBLIC COMMENTS BY RESIDENT JUDY HOVJACKY
MATTERS NOT ON THE AGENDA - CVWD INDIO SUBBASIN WATER MANAGEMENT PLAN DRAFT UPDATE
New development underway – Model homes
due March 2022
Cantera
CITY COUNCIL MEETING - OCTOBER 19, 2021 - PUBLIC COMMENTS BY RESIDENT JUDY HOVJACKY
MATTERS NOT ON THE AGENDA - CVWD INDIO SUBBASIN WATER MANAGEMENT PLAN DRAFT UPDATE
Spring 2022
CITY COUNCIL MEETING - OCTOBER 19, 2021 - PUBLIC COMMENTS BY RESIDENT JUDY HOVJACKY
MATTERS NOT ON THE AGENDA - CVWD INDIO SUBBASIN WATER MANAGEMENT PLAN DRAFT UPDATE
Look at the proximity of the back fence to
Coral Mountain
CITY COUNCIL MEETING - OCTOBER 19, 2021 - PUBLIC COMMENTS BY RESIDENT JUDY HOVJACKY
MATTERS NOT ON THE AGENDA - CVWD INDIO SUBBASIN WATER MANAGEMENT PLAN DRAFT UPDATE
MSA Consulting did the DEIR and is involved
with this development
CITY COUNCIL MEETING - OCTOBER 19, 2021 - PUBLIC COMMENTS BY RESIDENT JUDY HOVJACKY
MATTERS NOT ON THE AGENDA - CVWD INDIO SUBBASIN WATER MANAGEMENT PLAN DRAFT UPDATE
Since line of site or aesthetic reviews in DEIR do not include
this location, must redo the DEIR analysis since it will be a
major impact to these residential homes
CITY COUNCIL MEETING - OCTOBER 19, 2021 - PUBLIC COMMENTS BY RESIDENT JUDY HOVJACKY
MATTERS NOT ON THE AGENDA - CVWD INDIO SUBBASIN WATER MANAGEMENT PLAN DRAFT UPDATE
A zoning change to
commercial/tourist of Coral
Mountain will significantly
impact the residents of this new
development
CITY COUNCIL MEETING - OCTOBER 19, 2021 - PUBLIC COMMENTS BY RESIDENT JUDY HOVJACKY
MATTERS NOT ON THE AGENDA - CVWD INDIO SUBBASIN WATER MANAGEMENT PLAN DRAFT UPDATE
CITY COUNCIL MEETING - OCTOBER 19, 2021 - PUBLIC COMMENTS BY RESIDENT GILDA BRASCH PUBLIC HEARING ITEM NO. 1 - STREET VACATION @ INTERSECTION OF AVENIDA MADERO & CALLE TECATE
CITY COUNCIL MEETING - OCTOBER 19, 2021 - PUBLIC COMMENTS BY RESIDENT GILDA BRASCH PUBLIC HEARING ITEM NO. 1 - STREET VACATION @ INTERSECTION OF AVENIDA MADERO & CALLE TECATE
CITY COUNCIL MEETING - OCTOBER 19, 2021 - PUBLIC COMMENTS BY RESIDENT GILDA BRASCH PUBLIC HEARING ITEM NO. 1 - STREET VACATION @ INTERSECTION OF AVENIDA MADERO & CALLE TECATE
CITY COUNCIL MEETING - OCTOBER 19, 2021 - PUBLIC COMMENTS BY RESIDENT GILDA BRASCH
PUBLIC HEARING ITEM NO. 1 - STREET VACATION @ INTERSECTION OF AVENIDA MADERO & CALLE TECATE
Comments on Vacating a portion of the intersection of
Avenida Madero and Calle Tecate Public Right of Way
Alena Callimanis
La Quinta,CA 92253
CITY COUNCIL MEETING - OCTOBER 19, 2021 - PUBLIC COMMENTS BY RESIDENT ALENA CALLIMANIS
PUBLIC HEARING ITEM NO. 1 - STREET VACATION @ INTERSECTION OF AVENIDA MADERO & CALLE TECATE
Too much of this beautiful view would be cut off if you do it to the Bear
Creek Sign as discussed last meeting. To maximize view, any cutoff
should be to the back of the gazebo (which of course leaves no room for
a house)
CITY COUNCIL MEETING - OCTOBER 19, 2021 - PUBLIC COMMENTS BY RESIDENT ALENA CALLIMANIS
PUBLIC HEARING ITEM NO. 1 - STREET VACATION @ INTERSECTION OF AVENIDA MADERO & CALLE TECATE
The curve signs would need to be removed
causing a potential hazardous situation
CITY COUNCIL MEETING - OCTOBER 19, 2021 - PUBLIC COMMENTS BY RESIDENT ALENA CALLIMANIS
PUBLIC HEARING ITEM NO. 1 - STREET VACATION @ INTERSECTION OF AVENIDA MADERO & CALLE TECATE
Imagine a wall along the Bear Creek pillar and a
house there
CITY COUNCIL MEETING - OCTOBER 19, 2021 - PUBLIC COMMENTS BY RESIDENT ALENA CALLIMANIS
PUBLIC HEARING ITEM NO. 1 - STREET VACATION @ INTERSECTION OF AVENIDA MADERO & CALLE TECATE
View you would be blocking coming around
the corner, plus the driveway right there
CITY COUNCIL MEETING - OCTOBER 19, 2021 - PUBLIC COMMENTS BY RESIDENT ALENA CALLIMANIS
PUBLIC HEARING ITEM NO. 1 - STREET VACATION @ INTERSECTION OF AVENIDA MADERO & CALLE TECATE
If it’s a matter of upkeep, we can pull
together a list of neighbors to clean it up on a
basis you specify
CITY COUNCIL MEETING - OCTOBER 19, 2021 - PUBLIC COMMENTS BY RESIDENT ALENA CALLIMANIS
PUBLIC HEARING ITEM NO. 1 - STREET VACATION @ INTERSECTION OF AVENIDA MADERO & CALLE TECATE