2023 03 07 Counciltad
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- GEM of the DESERT —
City Council agendas and staff reports
are available on the City's
web page: www.LaQuin taCA.pov
CITY COUNCIL
AGENDA
CITY HALL COUNCIL CHAMBER
78495 Calle Tampico, La Quinta
REGULAR MEETING ON TUESDAY, MARCH 7, 2023 AT 4:00 P.M.
Members of the public may listen to this meeting by tuning -in live via
http://laguinta.12milesout.com/video/live.
CALL TO ORDER
ROLL CALL: Councilmembers: Fitzpatrick, McGarrey, Pena, Sanchez, Mayor Evans
PLEDGE OF ALLEGIANCE
CONFIRMATION OF AGENDA
PUBLIC COMMENTS - INSTRUCTIONS
Members of the public may address the City Council on any matter listed or not listed on the
agenda as follows:
WRITTEN PUBLIC COMMENTS can be provided either in -person during the meeting by
submitting 15 copies to the City Clerk, it is requested that this takes place prior to the
beginning of the meeting; or can be emailed in advance to CityClerkMail(a)_LaQuintaCA.gov,
no later than 12:00 p.m., on the day of the meeting. Written public comments will be
distributed to Council, made public, and will be incorporated into the public record of the
meeting, but will not be read during the meeting unless, upon the request of the Mayor, a
brief summary of public comments is asked to be reported.
If written public comments are emailed, the email subject line must clearly state "Written
Comments" and should include: 1) full name, 2) city of residence, and 3) subject
matter.
VERBAL PUBLIC COMMENTS can be provided in -person during the meeting by completing
a "Request to Speak" form and submitting it to the City Clerk; it is requested that this takes
CITY COUNCIL AGENDA Page 1 of 6 MARCH 7, 2023
place prior to the beginning of the meeting. Please limit your comments to three (3) minutes
(or approximately 350 words). Members of the public shall be called upon to speak by the
Mayor.
In accordance with City Council Resolution No. 2022-027, a one-time additional speaker
time donation of three (3) minutes per individual is permitted; please note that the member
of the public donating time must: 1) submit this in writing to the City Clerk by completing a
"Request to Speak" form noting the name of the person to whom time is being donated to,
and 2) be present at the time the speaker provides verbal comments.
Verbal public comments are defined as comments provided in the speakers' own voice and
may not include video or sound recordings of the speaker or of other individuals or entities,
unless permitted by the Mayor.
Public speakers may elect to use printed presentation materials to aid their comments; 15
copies of such printed materials shall be provided to the City Clerk to be disseminated to the
City Council, made public, and incorporated into the public record of the meeting; it is
requested that the printed materials are provided prior to the beginning of the meeting. There
shall be no use of Chamber resources and technology to display visual or audible
presentations during public comments, unless permitted by the Mayor.
All writings or documents, including but not limited to emails and attachments to emails,
submitted to the City regarding any item(s) listed or not listed on this agenda are public
records. All information in such writings and documents is subject to disclosure as being in
the public domain and subject to search and review by electronic means, including but not
limited to the City's Internet Web site and any other Internet Web -based platform or other
Web -based form of communication. All information in such writings and documents similarly
is subject to disclosure pursuant to the California Public Records Act [Government Code §
7920.000 et seq.].
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 pursuant to the "Public Comments — Instructions" listed above. 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)].
TELECUNFERENCE ACCESSIBILITY — INSTRUCTIONS
Teleconference accessibility may be triggered in accordance with AB 2449 (Stats. 2022, Ch.
285), codified in the Brown Act [Government Code § 54953], if a member of the City Council
requests to attend and participate in this meeting remotely due to `just cause" or "emergency
circumstances," as defined, and only if the request is approved. In such instances, remote
public accessibility and participation will be facilitated via Zoom Webinar as detailed at the
end of this Agenda.
CITY COUNCIL AGENDA Page 2 of 6 MARCH 7, 2023
ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS
1. PRESENTATION BY STUDENTS FROM LA QUINTA HIGH SCHOOL ASSOCIATED
STUDENT BODY PROGRAM
CONSENT CALENDAR
NOTE: Consent Calendar items are routine in nature and can be approved by one motion.
PAGE
1. APPROVE COUNCIL MEETING MINUTES OF FEBRUARY 7, 2023
2. APPROVE SPECIAL COUNCIL MEETING MINUTES OF FEBRUARY 15, 2023
3. APPROVE COUNCIL MEETING MINUTES OF FEBRUARY 21, 2023
4. APPROVE DECLARATION AND DISPOSAL OF SURPLUS VEHICLES AND
EQUIPMENT
5. AUTHORIZE OVERNIGHT TRAVEL FOR ONE COUNCILMEMBER TO ATTEND 03
THE LEAGUE OF CALIFORNIA CITIES CITY LEADERS SUMMIT IN
SACRAMENTO, CALIFORNIA, APRIL 12-14, 2023
6. APPROVE DEMAND REGISTERS DATED FEBRUARY 17 AND FEBRUARY 24, 55
2023
STUDY SESSION
PAGE
1. DISCUSS CONVERTING RIVERSIDE COUNTY SHERIFF'S DEPARTMENT 7,1
TRAFFIC CAR OFFICER POSITION TO A MOTOR OFFICER POSITION
2. DISCUSS NEW IMPROVEMENTS IN PUBLIC SAFETY TECHNOLOGY COST
AND BENEFITS ANALYSIS
3. DISCUSS FRITZ BURNS PARK IMPROVEMENTS PROJECT NO. 2021-02
DRAFT MASTER PLAN
BUSINESS SESSION
PAGE
1. 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 FRITZ BURNS PARK PROJECT
NO. 2022-26 AND X-PARK PROJECT NO. 2022-28
2. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH KILEY AND
ASSOCIATES, LLC TO PROVIDE FEDERAL LOBBYIST SERVICES
CITY COUNCIL AGENDA Page 3 of 6 MARCH 7, 2023
3. AUTHORIZE A MEMBER OF THE CITY COUNCIL TO ISSUE A LETTER OF
CONCERN TO REINSTATE RIVERSIDE COUNTY SHERIFF'S DEPARTMENT
SCHOOL RESOURCE OFFICERS AT COACHELLA VALLEY UNIFIED SCHOOL
DISTRICT SCHOOLS
PUBLIC HEARINGS — None
DEPARTMENTAL REPORTS
1. CITY MANAGER
2. CITY ATTORNEY
3. CITY CLERK
4. COMMUNITY RESOURCES — QUARTERLY REPORT OCTOBER — 223
DECEMBER 2022
5. DESIGN AND DEVELOPMENT
6. FINANCE
7. PUBLIC WORKS
8. POLICE — QUARTERLY REPORT OCTOBER — DECEMBER 2022 233
9. FIRE — QUARTERLY REPORT OCTOBER — DECEMBER 2022 237
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 & Fitzpatrick)
10. COACHELLA VALLEY MOUNTAINS CONSERVANCY (McGarrey)
11. DESERT RECREATION DISTRICT COMMITTEE (Fitzpatrick & McGarrey)
12. COACHELLA VALLEY UNIFIED SCHOOL DISTRICT COMMITTEE (Fitzpatrick & Pena)
13. GREATER CV CHAMBER OF COMMERCE INFORMATION EXCHANGE COMMITTEE
(Fitzpatrick)
14. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (Fitzpatrick)
15. CANNABIS AD HOC COMMITTEE (Pena & Sanchez)
16. CVAG PUBLIC SAFETY COMMITTEE (Pena)
17. CVAG VALLEY -WIDE HOMELESSNESS COMMITTEE (Pena)
18. LEAGUE OF CALIFORNIA CITIES — PUBLIC SAFETY POLICY COMMITTEE (Pena)
19. IMPERIAL IRRIGATION DISTRICT — ENERGY CONSUMERS ADVISORY COMMITTEE
(McGarrey)
20. COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT (Pena)
CITY COUNCIL AGENDA Page 4 of 6 MARCH 7, 2023
21. CVAG TRANSPORTATION COMMITTEE (Fitzpatrick)
22. SUNLINE TRANSIT AGENCY (Pena)
23. DESERT SANDS UNIFIED SCHOOL DISTRICT COMMITTEE (Evans & Sanchez)
24. ANIMAL CAMPUS COMMISSION (Sanchez)
25. LEAGUE OF CALIFORNIA CITIES — PUBLIC SAFETY COMMITTEE (Sanchez & Pena)
26. RIVERSIDE LOCAL AGENCY FORMATION COMMISSION (Sanchez)
27. PALM SPRINGS AIRPORT COMMISSION MEETING MINUTES OF DECEMBER
21, 2022
28. PALM SPRINGS AIRPORT COMMISSION MEETING MINUTES OF FEBRUARY
15, 2023
ADJOURNMENT
*********************************
The next regular meeting of the City Council will be held on March 21, 2023, at 4:00 p.m. at
the City Hall Council Chamber, 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 Chamber at 78495 Calle Tampico, and the bulletin board at the La
Quinta Cove Post Office at 51321 Avenida Bermudas, on March 2, 2023.
DATED: March 2, 2023
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) 777-7123, 24-
hours in advance of the meeting and accommodations will be made.
• If background material is to be presented to the City Council during a City Council
meeting, please be advised that 15 copies of all documents, exhibits, etc., must be
supplied to the City Clerk for distribution. It is requested that this takes place prior to the
beginning of the meeting.
CITY COUNCIL AGENDA Page 5 of 6 MARCH 7, 2023
241
247
*** TELECONFERENCE PROCEDURES — PURSUANT TO AB 2449***
APPLICABLE ONLY WHEN TELECONFERENCE ACCESSIBILITY IS IN EFFECT
Verbal public comments via Teleconference — members of the public may attend and
participate in this 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/m/82540879912
Meeting ID: 825 4087 9912
Or join by phone: (253) 215 — 8782
Written public comments — can be provided in person during the meeting or emailed to the
City Clerk's Office at CityClerkMail(a-)-LaQuintaCA.gov any time prior to the adjournment of
the meeting, and will be distributed to the City Council, made public, incorporated into the
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 AGENDA Page 6 of 6 MARCH 7, 2023
CONSENT CALENDAR ITEM NO. 1
CITY COUNCIL
MINUTES
TUESDAY, FEBRUARY 7, 2023
CALL TO ORDER
A regular meeting of the La Quinta City Council was called to order at 3:30 p.m. by Mayor
Evans.
PRESENT: Councilmembers Fitzpatrick, McGarrey, Pena, Sanchez, Mayor Evans
ABSENT: None
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA — None
CONFIRMATION OF AGENDA
Councilmember McGarrey said she will recuse herself and abstain from the discussion
and vote on Consent Calendar Item No. 12 due to a potential conflict of interest stemming
from a business relationship as her employer is Southern California Gas Company; and
requested that this item be pulled for a separate vote. Council concurred.
CLOSED SESSION
1. SEMI-ANNUAL PUBLIC EMPLOYEE PERFORMANCE EVALUATION
PURSUANT TO GOVERNMENT CODE SECTION 54957, COUNCIL
APPOINTED POSITION — CITY MANAGER
COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING
AND MOVED INTO CLOSED SESSION AT 3:32 P.M.
MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE
CITY COUNCIL MEETING AT 4:00 P.M. WITH ALL MEMBERS PRESENT
REPORT ON ACTION(S) TAKEN IN CLOSED SESSION:
City Attorney Ihrke reported Council completed the City Manager's semi-annual
performance evaluation and no actions were taken that require reporting pursuant to
Government Code section 54957.1 (Brown Act).
PLEDGE OF ALLEGIANCE
Councilmember Pena led the audience in the Pledge of Allegiance.
CITY COUNCIL MINUTES Page 1 of 8 FEBRUARY 7, 2023
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Taken out of Agenda order >>>
ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS
RIVERSIDE COUNTY TRANSPORTATION COMMITTEE COACHELLA
VALLEY RAIL UPDATE — PRESENTATION BY DEPUTY EXECUTIVE
DIRECTOR AARON HAKE
Deputy Executive Director Hake provided a presentation on the Riverside County
Transportation Committee's progress on the Coachella Valley Rail, a daily intercity
commuter rail service to/from the Counties of Riverside, San Bernardino, Los Angeles,
and Orange with nine stations from Union Station in Los Angeles to the City of Coachella.
Mr. Hake answered Council's questions regarding funding; economic benefits to the
Coachella Valley; criteria for rail station locations; partnership with CalTrans; third rail
timeline; Union Pacific involvement; emission reduction studies; possibility of moving the
existing Palm Springs station to a more accessible location; reasons for constructing a
third rail as opposed to installing spurs to allow freight -commuter train sharing of existing
tracks; and Amtrak's interest in establishing a Los Angeles -Phoenix -Tucson commuter
rail.
Taken out of Agenda order >>>
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
PUBLIC SPEAKER: Kay Wolff, La Quinta — spoke regarding the City's Short -Term
Vacation Rentals (STVR) Program. Ms. Wolff noted that the City ordinance has two flaws:
(1) there is no end date for STVRs operating in residential neighborhoods, and (2) the
ban on new permits can be rescinded by future Councils; Councilmembers will be lobbied
by investors to lift the ban on new STVRs; residents are still living with STVR; and
residents are waiting for Council to reaffirm its commitment to the ban on new permits
and to strengthen the ordinance.
City Manager McMillen announced that a periodic review and discussion of the STVR
program is scheduled for the first Council meeting in March.
CONSENT CALENDAR
1. APPROVE COUNCIL MEETING MINUTES OF JANUARY 17, 2023
2. APPROVE PLANS, SPECIFICATIONS, ENGINEER'S ESTIMATE, AND
ADVERTISE FOR BID THE CITYWIDE MISCELLANEOUS AMERICANS WITH
DISABILITIES ACT IMPROVEMENTS PROJECT NO. 2022-08
3. AWARD CONTRACT TO CALIFORNIA COMMERCIAL POOLS, INC., FOR LA
QUINTA PARK SPLASH PAD RENOVATION PROJECT NO. 2022-19
CITY COUNCIL MINUTES Page 2 of 8 FEBRUARY 7, 2023
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4. ACCEPT THE LA QUINTA LANDSCAPE IMPROVEMENTS PROJECT NO.
2016-03G, LOCATED AT THE LA QUINTA X-PARK, ON THE SOUTH SIDE OF
WESTWARD HO DRIVE AND EAST SIDE OF DUNE PALMS ROAD
5. ACCEPT JEFFERSON STREET AT AVENUE 53 ROUNDABOUT PROJECT
NO. 2017-09, LOCATED AT THE INTERSECTION OF JEFFERSON STREET,
SILVERROCK WAY AND HIDEAWAY ENTRANCE
6. ACCEPT WASHINGTON STREET AT AVENUE 50 AND CALLE TAMPICO
SIDEWALK AND AMERICAN WITH DISABILITIES ACT IMPROVEMENTS
PROJECT NO. 2019-23, LOCATED AT THE NORTHWEST CORNER OF
WASHINGTON STREET AND AVENUE 50 AND THE SOUTHSIDE OF CALLE
TAMPICO FROM CALLE OBISPO TO WASHINGTON STREET
7. AUTHORIZE OVERNIGHT TRAVEL FOR DEPUTY CITY CLERK TO ATTEND
CITY CLERKS' ASSOCIATION OF CALIFORNIA TECHNICAL TRAINING FOR
CLERKS SERIES 100 IN RIVERSIDE, CALIFORNIA, MARCH 13-17, 2023
8. AUTHORIZE OVERNIGHT TRAVEL FOR THREE PLANNING
COMMISSIONERS AND ONE PLANNING STAFF MEMBER TO ATTEND THE
ANNUAL LEAGUE OF CALIFORNIA CITIES PLANNING COMMISSIONERS
ACADEMY IN GARDEN GROVE, CALIFORNIA, MARCH 29 — 31, 2023
9. AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE VINTAGE
ASSOCIATES, INC., FOR ADDITIONAL SPENDING AUTHORITY UP TO
$175,000 FOR EXTRA WORK AND PURCHASE OF PLANT MATERIALS IN
FISCAL YEAR 2022/23 WHEN THEY ARE THE QUALIFIED AND/OR LOWEST
BIDDER
10. EXCUSE ABSENCES OF COMMISSIONER GUERRERO FROM THE
JANUARY 24, 2023, PLANNING COMMISSION MEETING AND
COMMISSIONER BATAVICK FROM THE FEBRUARY 2, 2023, FINANCIAL
ADVISORY COMMISSION SPECIAL MEETING
11. APPROVE DEMAND REGISTERS DATED JANUARY 13, JANUARY 20, AND
JANUARY 27, 2023
12. APPROVE DEMAND REGISTER FOR SOUTHERN CALIFORNIA GAS
COMPANY DATED JANUARY 27, 2023
MOTION — A motion was made and seconded by Councilmembers Pena/Fitzpatrick to
approve Consent Calendar Item Nos. 1 — 11 as recommended. Motion passed
unanimously.
CITY COUNCIL MINUTES Page 3 of 8 FEBRUARY 7, 2023
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CONSENT CALENDAR ITEM NO. 12
COUNCILMEMBER MCGARREY RECUSED HERSELF FROM DISCUSSION
AND VOTE ON THIS ITEM DUE TO A POTENTIAL CONFLICT OF INTEREST
STEMMING FROM A BUSINESS RELATIONSHIP WITH SOUTHERN
CALIFORNIA GAS COMPANY
MOTION — A motion was made and seconded by Councilmembers Fitzpatrick/Pena to
approve Consent Calendar Item No. 12 as recommended.
Motion passed — ayes 4, noes 0, abstain 1 (McGarrey), absent 0.
BUSINESS SESSION
1. APPROVE SECOND ROUND COMMUNITY SERVICES GRANTS FOR FISCAL
YEAR 2022/23
COUNCILMEMBER MCGARREY STATED SHE SERVES AS A VOLUNTEER
ON THE BOARD OF FRIENDS OF THE DESERT MOUNTAINS NON-PROFIT
ORGANIZATION AND DOES NOT RECEIVE A STIPEND; THUS, THERE IS NO
CONFLICT WITH HER PARTICIPATING IN THE DISCUSSION AND VOTE ON
THIS ITEM
MAYOR EVANS STATED SHE SERVES ON THE COACHELLA VALLEY
VOLUNTEERS IN MEDICINE, A NATIONAL NON-PROFIT ALLIANCE, AND
DOES NOT RECEIVE A STIPEND; THUS, THERE IS NO CONFLICT WITH HER
PARTICIPATING IN THE DISCUSSION AND VOTE ON THIS ITEM
Community Resources Manager Christina Calderon presented the staff report, which is
on file in the Clerk's Office.
Council discussed the evaluation process; encouraging students to write and apply for
grant funds; partnering with the District Foundation; important work being done by these
non-profit organizations; Coachella Valley Horse Rescue program and funding; and need
for Angle Force data.
PUBLIC SPEAKERS: Rescue Operations Director Linda Dondero and Grant Writer
Brenda Vatland with Coachella Valley Horse Rescue — introduced themselves and
provided detailed information on the services they provide, including the veterans'
program, and children's camp.
PUBLIC SPEAKER: Executive Director Tammy Martin with Friends of the Desert
Mountains — introduced herself, provided details on the services they provide, including
youth programs, and thanked Council for their continued support.
CITY COUNCIL MINUTES Page 4 of 8 FEBRUARY 7, 2023
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PUBLIC SPEAKER: Board Member and Secretary Aileen Alvarez with Shay's Warriors —
introduced herself, spoke about the services the organization provides to cancer
survivors, and thanked Council for the starter grant.
MOTION — A motion was made and seconded by Councilmembers McGarrey/Sanchez
to approve the second round of Community Services Grants for fiscal year 2022/23 as
detailed below for a total combined grant funding of $23,000:
• Angel Force $0
• Angel View $3,500
• Coachella Valley Horse Rescue $4,500
• Coachella Valley Volunteers in Medicine $5,000
• Friends of the Desert Mountains $4,500
• La Quinta High School AVID* $0
• Riverside County Sheriff Explorer Post 503 $5,000
• Shay's Warriors* $500 starter grant
Motion passed unanimously.
2. APPOINT ONE COUNCILMEMBER TO SERVE ON THE PILLARS OF THE
COMMUNITY, DISTINGUISHED ARTISTS, AND DISTINGUISHED ATHLETES
AWARD PROGRAMS REVIEW SUBCOMMITTEE
Community Resources Analyst Michael Calderon presented the staff report, which is on
file in the Clerk's Office.
MOTION — A motion was made and seconded by Councilmembers Pena/McGarrey to
appoint Councilmember Fitzpatrick to serve on the Pillars of the Community,
Distinguished Artists, and Distinguished Athletes award programs review subcommittee
as recommended. Motion passed unanimously.
MAYOR EVANS CALLED FOR A BRIEF RECESS AT 5:09 P.M.
MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 5:15 P.M. WITH
ALL MEMBERS PRESENT
STUDY SESSION
1. DISCUSS IMPERIAL IRRIGATION DISTRICT (IID) CONTRACT EXPIRATION
AND CONSIDER OPTIONS IN MOVING FORWARD THAT ADDRESS AGING
EQUIPMENT AND STRESSED POWER GRID
City Manager McMillen presented the staff report, which is on file in the Clerk's Office.
Council discussed the current focus and governance of IID; IID being a special district
versus a stockholder corporation like Southern California Edison Co.; Riverside County's
non -representation on the IID Board; importance of representation on the IID Board if IID
continues to provide service to La Quinta residents; inability for La Quinta to grow unless
CITY COUNCIL MINUTES Page 5 of 8 FEBRUARY 7, 2023
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infrastructure is upgraded and aging equipment replaced; allowance of self -generation by
developers via wind, solar, gas, etc.; future existence of IID; both increased capacity for
new in -fill projects and replacement of existing deteriorating infrastructure need significant
funds and currently there is no source of those funds; need for media to cover this
important matter, i.e., what entity will provide electricity in 2033, how will upgrades be
funded, what will rates look like, will customers be represented, etc.; statewide move to
electric -powered vehicles stressing the grid; challenge of resolving matter when there are
multiple cities, jurisdictions, and agencies involved; unclear as to what entity owns the
infrastructure; the 1934 Compromise Agreement terms, including the imprecise language
on infrastructure ownership; City's ability to establish its own utility district; working with
other City Attorneys to scrutinize and dissect the 1934 Compromise Agreement,
subsequent agreements, and Agreement performance/non-performance; owner of
infrastructure would be responsible for repairs and upgrades, and would be the entity to
issue bonds to fund upgrades; City's options for buying/leasing land for a solar farm;
possibility of Coachella Valley Water District (CVWD) providing electricity in the future;
possibility of eastern Coachella Valley customers creating their own special district; Local
Agency Formation Commission (LAFCO) energy study underway will provide governance
options only, no recommendations; I ID's Energy Consumers Advisory Committee (ECAC)
and the newly formed IID Coachella Valley Energy Commission (CVEC) have no vote,
authority, or power, only provide recommendations to the IID Board; past efforts of State
Assemblyman Chad Mayes to get representation on the IID Board for all its customers;
possibility of allowing off -grid, self-sustaining projects; conflict between mandated State
affordable housing project and insufficient power to supply them; lead time for delivery of
new generators, transformers and utility poles; important to provide incentives for rooftop
solar installation in IID territory; the pending failure of IID transformers, wood poles, etc.;
the need for IID to stockpile replacement equipment for emergencies, such as a major
earthquake; need to explore the effect the proposed Chuckwalla National Monument,
which contains IID transmission lines, would have on future energy service; getting
County Supervisor Perez personally involved; providing guidelines to LAFCO regarding
La Quinta's position; State's Public Utilities Commission does not have jurisdiction over
IID because it is a special district, not a public utility company; LAFCO is the agency that
has jurisdiction; need to engage regional partners; and importance of City Managers
working daily behind -the -scenes to study problem and examine solutions.
PUBLIC SPEAKER: Philip Bettencourt, La Quinta, At -Large Commissioner on the IID
CVEC — said it's important for each stakeholder city to develop its own economic and
intellectual library of tools needed to protect constituents, and be an effective dealmaker
when the time comes.
Council directed City Manager McMillen to continue to work with the other City Managers
within the affected regions, and for the City Attorney to work with other City Attorneys
representing the affected regions to determine options and solutions available to Council.
PUBLIC HEARINGS — None
CITY COUNCIL MINUTES Page 6 of 8 FEBRUARY 7, 2023
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DEPARTMENTAL REPORTS — All reports are on file in the City Clerk's Office.
3. STATE OF EMERGENCY RELATING TO NOVEL CORONAVIRUS DISEASE 2019
AND TELECONFERENCE ACCESSIBILITY FOR PUBLIC MEETINGS
PURSUANT TO ASSEMBLY BILL 2449 (RUBIO) (STATS. 2022, CH. 285)
IMPLEMENTING NEW BROWN ACT PROVISIONS [GOVERNMENT CODE
SECTION 54953 AND 54954.2]
City Clerk Radeva summarized the teleconference requirements and procedures under AB
2449.
MAYOR'S AND COUNCIL MEMBERS' ITEMS
Mayor Evans reported on her attendance at the Desert Sands Education Foundation
fundraiser; Council's attendance at the Dune Palm Bridge groundbreaking ceremony on
January 30, 2023; the Patriot's Luncheon; and the upcoming 100th birthday celebration
for famous winemaker Miljenko "Mike" Grgich.
Councilmember Sanchez reported on his attendance at the Sotheby's ribbon cutting
event; and delivery of 90 tattered American flags to the American Legion for proper
disposal.
Councilmember McGarrey reported on her attendance at the League of California Cities,
City Council Academy.
REPORTS AND INFORMATIONAL ITEMS
La Quinta's representative for 2023, Mayor Evans reported on her participation in the
following organizations' meetings:
• DESERT SANDS SCHOOL DISTRICT COMMITTEE
• GREATER PALM SPRINGS CONVENTION AND VISITORS' BUREAU
La Quinta's representative for 2023, Councilmember Fitzpatrick reported on her
participation in the following organizations' meetings:
• CVAG TRANSPORTATION COMMITTEE
• RIVERSIDE COUNTY TRANSPORTATION COMMISSION
La Quinta's representative for 2023, Mayor Pro Tern Sanchez reported on his
participation in the following organizations' meetings:
• ANIMAL CAMPUS COMMISSION
• DESERT SANDS UNIFIED SCHOOL DISTRICT 2X2 COMMITTEE
CITY COUNCIL MINUTES Page 7 of 8 FEBRUARY 7, 2023
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ADJOURNMENT
There being no further business, a motion was made and seconded by Councilmembers
Fitzpatrick/Sanchez to adjourn at 6:33 p.m. Motion passed unanimously.
Respectfully submitted,
MONIKA RADEVA, City Clerk
City of La Quinta, California
CITY COUNCIL MINUTES Page 8 of 8 FEBRUARY 7, 2023
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CONSENT CALENDAR ITEM NO. 2
CITY COUNCIL MINUTES
SPECIAL MEETING
ANNUAL COMMUNITY WORKSHOP
WEDNESDAY, FEBRUARY 15, 2023
CALL TO ORDER
A special meeting of the La Quinta City Council was called to order at 5:10 p.m. by Mayor
Evans to conduct the City's Annual Community Workshop at the La Quinta Wellness Center,
located at 78450 Avenida La Fonda, La Quinta, CA 92253.
PRESENT: Councilmembers Fitzpatrick, McGarrey, Pena, Sanchez, and Mayor Evans
ABSENT: None
COMMUNITY MEMBERS SIGNED IN: 55
CITY STAFF PRESENT: 33
CONFIRMATION OF AGENDA — Confirmed
PLEDGE OF ALLEGIANCE
Mayor Evans led the audience in the Pledge of Allegiance
ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS — None.
STUDY SESSION
1. ANNUAL COMMUNITY WORKSHOP: "RECONNECT, REIMAGINE, AND
RECALIBRATE"
Mayor Evans welcomed all participants to the annual community workshop and explained
the purpose of the workshop.
City Manager McMillen introduced himself, welcomed all participants, provided an overview
of the workshop agenda and objectives, and affirmed La Quinta's sacred values set by the
community:
• Health and Wellness
• High Quality Aesthetics
• Vibrant and Safe Community
• Visually Beautiful City
• Cultural Diversity
Finance Director Martinez presented the City's current financial status and priorities.
CITY COUNCIL MINUTES Page 1 of 4 MARCH 12, 2022
SPECIAL MEETING ANNUAL COMMUNITY WORKSHOP
15
City Manager McMillen presented the City's initiatives and Big Rocks projects for fiscal year
2023/24:
• Strategic Plan — a document that outlines the direction of the organization; maps out
the vision for the City's growth, and lists a plan on how to get there.
• Undergrounding Utilities — voted No. 1 priority by the residents at the 2022
Community Workshop; feasibility study underway.
• Imperial Irrigation District— electrical services — challenges due to the current capacity
of a strained grid and the need to improve the existing infrastructure, which is at the
end of its useful life; collaboration with agencies within the affected areas and efforts
underway.
• Sphere of Influence — defines the area where the City can grow into in the future;
feasibility study is underway.
Management Analyst Kinley presented the City's plans to increase the number of affordable
housing units in La Quinta to meet the ever-increasing State Regional Housing Needs
Allocation assessment and requirements.
Community Resources Manager Christina Calderon spoke of the City's efforts to implement
upgrades to City parks, including additional shade structures and parking capacity.
Traffic Analyst Gunterson provided an overview of the City's Public Safety Camera System,
objectives, costs, and efforts to complete the Phase II implementation, which will include
additional areas to the system; details will be presented at the March 21, 2023, Council
meeting.
Community Resources Analyst Michael Calderon provided an update on the City's Concerts
in the Park series, including additional shows added over the last year, per residents' request
at the 2022 Community Workshop.
Management Analyst Hansen provided an update on the City's efforts to install additional
shade structures throughout City parks.
Community Resources Manager Christina Calderon provided an update that the Wellness
Center operating hours were expanded to include Saturdays, and future efforts to include
Sundays; and fitness center operations.
Design and Development Director Castro provided an update on the Highway 111 Corridor
revisioning plan.
City Clerk Radeva provided an overview of the Short -Term Vacation Rental (STVR) Program
characteristics, compliance status, and taxes, fees, and STVR Program costs for 2022, and
a comparison to 2021 calendar year.
Director of Business Unit and Housing Development Villalpando provided an update on the
City's efforts to comply with Senate Bill 1383 imposing organics recycling requirements
throughout the State.
CITY COUNCIL MINUTES Page 2 of 4 MARCH 12, 2022
SPECIAL MEETING ANNUAL COMMUNITY WORKSHOP
16
Community Resources Analyst Michael Calderon provided an update on the new X-Park
facility, its operations and use.
Marketing Manager Graham spoke of the design updates recently implemented to The Gem
local publication and the new Love La Quinta marketing campaign.
Taken out of Agenda order >>>
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
Public comments were provided by several residents on the following subjects:
• Reducing speeding
• Police services contract
• Utilities undergrounding
• Talus development status update, including financing
• Street sweeping
• Cultural Campus design timeline
• Postal services for the Cove
PUBLIC SPEAKER: July Mickel, La Quinta — requested that additional pickleball courts be
installed in La Quinta.
PUBLIC SPEAKER: Philip Bettencourt, La Quinta — expressed his gratitude and
appreciation to the La Quinta Historical Society.
PUBLIC SPEAKER: Alena Callimanis, La Quinta — inquired about the City's postal services
and expressed concern about recent mail theft reportings.
STUDY SESSION — Continued
1. ANNUAL COMMUNITY WORKSHOP: "RECONNECT, REIMAGINE, AND
RECALIBRATE" — Continued
Staff presented the following five (5) projects to be voted on by residents:
• Fritz Burns Upgrades / Maintenance and Operations Yard
• Highway 111 Repaving (Jefferson St. to Washington St.) / Art Entry Monuments
• Village Parking enhancements
• Arts and Music Line Connector
• Drainage
Workshop participants were teamed by tables and asked to collaborate and come up with
one (1) write-in project per table to be voted on by all workshop participants. The write-in
projects below are listed in weighted ranking based on participants' votes:
1. Better Roads
2. Road Diet to Reduce/Improve Speeding in the Cove
3. Community Gardens
CITY COUNCIL MINUTES Page 3 of 4 MARCH 12, 2022
SPECIAL MEETING ANNUAL COMMUNITY WORKSHOP
17
4. Improving Historic Casita at Calle Tampico / Eisenhower Dr.
5. Traffic Barriers / More Bike Lanes
6. Bus Stop Shades
7. Additional Crosswalk Lights
8. Water Conservation / Turf Removal for Golf Courses
9. Art Commission
10. North La Quinta Community Center
The top five (5) write-in projects listed above were added to the five (5) projects presented
by the City, and participants were asked to vote on their top three (3) projects based on their
priority. The projects below are listed in weighted ranking order based on all participants'
votes:
1. Fritz Burns Upgrades / Maintenance and Operations Facility
2. Road Diet to Reduce/Improve Speeding in the Cove
3. Improving Historic Casita at Calle Tampico / Eisenhower Dr.
4. Better Roads
5. Village Parking enhancements
6. Traffic Barriers / More Bike Lanes
7. Arts and Music Line Connector
8. Community Gardens
9. Highway 111 Repaving (Jefferson St. to Washington St.) / Art Entry Monuments
10. Drainage
CLOSING COMMENTS
Mayor Evans and Councilmembers thanked the participants for their time and commitment
to La Quinta; and noted community input and engagement are vital in shaping our
community's future and vision of tomorrow.
MAYOR'S AND COUNCILMEMBERS' ITEMS — None.
ADJOURNMENT
There being no further business, a motion was made and seconded by Councilmembers
Pena/McGarrey to adjourn at 7:44 p.m. Motion passed unanimously.
Respectfully submitted,
MONIKA RADEVA, City Clerk
City of La Quinta, California
CITY COUNCIL MINUTES Page 4 of 4 MARCH 12, 2022
SPECIAL MEETING ANNUAL COMMUNITY WORKSHOP
18
CONSENT CALENDAR ITEM NO. 3
CITY COUNCIL
MINUTES
TUESDAY, FEBRUARY 21, 2023
CALL TO ORDER
A regular meeting of the La Quinta City Council was called to order at 3:43 p.m. by Mayor
Evans.
PRESENT: Councilmembers Fitzpatrick, McGarrey, Pena, Sanchez, Mayor Evans
ABSENT: None
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
PUBLIC SPEAKER: Ken Calvert, United States Representative for California's 41St
Congressional District — Congressman Calvert introduced himself; stated that he has
served in the U.S. Congress for 30 years, is the senior Republican in the State of
California, is Chair of the Defense Appropriations subcommittee, and is 2nd ranking
member on the Energy and Water Appropriations Committee; stated he is looking forward
to representing residents of La Quinta; is seeking input from communities on what they
need from the federal government; and announced that he has opened an office in Palm
Desert to serve constituents.
Mayor Evans explained that she, along with Mayor Pro Tern Sanchez and city staff, met
with Congressman Calvert and his staff to discuss challenges facing La Quinta and the
Coachella Valley such as energy issues, infrastructure demands in the Valley, and the
need for public safety grants.
CONFIRMATION OF AGENDA — Confirmed
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION;
INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) 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 3:48 P.M.
MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE
CITY COUNCIL MEETING AT 4:09 P.M. WITH ALL MEMBERS PRESENT
CITY COUNCIL MINUTES Page 1 of 7 FEBRUARY 21, 2023
19
REPORT ON ACTION(S) TAKEN IN CLOSED SESSION:
City Attorney Ihrke reported no actions were taken in Closed Session that require
reporting pursuant to Government Code section 54957.1 (Brown Act).
PLEDGE OF ALLEGIANCE
Mayor Pro Tem Sanchez led the audience in the Pledge of Allegiance.
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
PUBLIC SPEAKER: Ronald Dennis, La Quinta — expressed concerns about the sand
blowing from the Talus project site.
City Manager McMillen noted the ownership interests of the SilverRock/Talus site are
shared between the Coachella Valley Water District, the City, and the Robert Green
Company; and explained the dust mitigation measures in place.
PUBLIC SPEAKER: Jeff Fishbein, Chair of the La Quinta Chamber of Commerce,
Coldwell Banker realtor, and La Quinta resident — announced the 16t" annual 2023 La
Quinta Car Show will be held on Saturday, February 25, 2023, at the La Quinta
Community Park, from 9 a.m. to 3 p.m.; and updated Council on membership, city walks,
GEM ad sales, ribbon cuttings, Chamber 101 mixers, and State -of -the -City event in
October.
ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS
1. TALUS — PROJECT STATUS UPDATE
President and CEO Robert Green of Robert Green Company addressed mitigation
measures for blowing sand at the project site; informational meetings with golf course
staff and homeowners' associations; contacted Chamber of Commerce to get on its
agenda; attendance at a gathering of concerned citizens; provided details on the project's
overall progress and sequence of activities onsite for 1) Montage Hotel and Spa, 2)
Montage Guestrooms, 3) Montage Residences, 4) Conference and Shared Services
Building, 5) Golf Clubhouse, 6) Pendry Residences, 7) Pendry Hotel; and loans and
funding update.
Council discussed loans and funding; and contractors and subcontractors under contract,
and ability to commence construction again, immediately when funding is secured.
CONSENT CALENDAR
1. AUTHORIZE OVERNIGHT TRAVEL FOR THE CITY CLERK AND DEPUTY CITY
CLERK TO ATTEND THE ANNUAL LASERFICHE EMPOWER 2023
CONFERENCE IN LONG BEACH, CALIFORNIA, MAY 30 — JUNE 1, 2023
CITY COUNCIL MINUTES Page 2 of 7 FEBRUARY 21, 2023
20
2. AUTHORIZE OVERNIGHT TRAVEL FOR FINANCIAL SERVICES ANALYST TO
ATTEND THE CALIFORNIA MUNICIPAL TREASURERS ASSOCIATION
ANNUAL CONFERENCE IN SAN MATEO, CALIFORNIA, APRIL 25-28, 2023
3. EXCUSE ABSENCE OF COMMISSIONER TYERMAN FROM THE FEBRUARY
28, 2023, PLANNING COMMISSION MEETING
4. ADOPT RESOLUTION DESIGNATING SPEED LIMITS FOR JEFFERSON
STREET FROM AVENUE 52 TO AVENUE 54 [RESOLUTION NO. 2023-002]
5. ADOPT RESOLUTION PROCLAIMING THE TERMINATION OF THE LOCAL
EMERGENCY FOR THE CITY DUE TO 2019 NOVEL CORONAVIRUS DISEASE
EFFECTIVE FEBRUARY 28, 2023 [RESOLUTION NO. 2023-003]
6. ADOPT RESOLUTION TO APPROVE TIME EXTENSION TO COMPLETE ON -
SITE IMPROVEMENTS FOR THE POLO VILLAS RESIDENTIAL
DEVELOPMENT (TRACT MAP NO. 33085) LOCATED WEST OF MADISON
STREET BETWEEN AVENUES 50 AND 52 [RESOLUTION NO.2023-004]
7. APPROVE ASSIGNMENT AND ASSUMPTION AGREEMENT AND
AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT
MAP NO.33085, POLO VILLAS, A RESIDENTIAL DEVELOPMENT LOCATED
WEST OF MADISON STREET BETWEEN AVENUES 50 AND 52
8. APPROVE DEMAND REGISTERS DATED FEBRUARY 3 AND FEBRUARY 10,
2023
9. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED
DECEMBER 31, 2022
CONSENT CALENDAR ITEM NOS. 4 AND 5 — COMMENTS
ITEM NO. 4: Mayor Evans commented the lowering of the speed limit on Jefferson St. is
an action Council takes independent of the annual State study, based on a local traffic
survey.
ITEM NO. 5: Mayor Evans and Councilmember Fitzpatrick thanked staff, the community,
and businesses for their assistance and cooperation during the COVID-19 state -of -
emergency.
MOTION — A motion was made and seconded by Councilmembers Fitzpatrick/McGarrey
to approve the Consent Calendar as recommended, with Item Nos. 4, 5, and 6 adopting
Resolutions No. 2023-002, 2023-003, and 2023-004, respectively. Motion passed
unanimously.
CITY COUNCIL MINUTES Page 3 of 7 FEBRUARY 21, 2023
21
BUSINESS SESSION
1. ADOPT RESOLUTION TO APPROVE THE CITY'S GENERAL FUND BALANCE
AND RESERVES POLICY [RESOLUTION NO.2023-0051
Financial Services Analyst Hallick presented the staff report, which is on file in the Clerk's
Office.
Council discussed the natural disaster category recommended reserves; the timeframe
to receive Federal Emergency Management Agency (FEMA) and State reimbursements;
insured assets not being eligible for federal/state reimbursement; losses that exceed
insurance would be eligible; eligibility of insurance deductibles; unassigned funds; and
gratitude to the Financial Advisory Commission (FAC) and staff.
MOTION — A motion was made and seconded by Councilmembers Fitzpatrick/Pena to
adopt Resolution No. 2023-005 as recommended:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, APPROVING AND ADOPTING THE GENERAL FUND BALANCE
AND RESERVES POLICY
Motion passed unanimously.
2. RECEIVE AND FILE FISCAL YEAR 2022/23 MID -YEAR BUDGET REPORT,
APPROVE THE RECOMMENDED BUDGET ADJUSTMENTS, DESIGNATE
RESERVE FUNDING ALLOCATIONS AND APPROVE ADDITIONAL
DISCRETIONARY PAYMENT TO PAY OUTSTANDING PENSION
[e]-31[r7_rImk,61
Finance Director Martinez presented the staff report, which is on file in the Clerk's Office.
Council discussed additional funding allocation to update the Play in LQ website; repairs
and maintenance of the community pool due to increased use; wellness component for
employees; City Hall HVAC expenses; vehicle replacements and electric vehicles; Fritz
Burns Park future study session; park equipment shade structures; increased use of all
City parks; funding for parks and long-term maintenance plans; paying off the City's
unfunded pension liability; effect of unfunded liabilities on the City's future financial
ratings; and impact of a recession on the unfunded liability.
PUBLIC SPEAKER: Richard (Dick) Mills, La Quinta — current Chair of the FAC, stated
that the City is in an outstanding financial position as it has an additional $5 million in the
Pension Trust fund, which means the City is 100% funded on its pension liability.
CITY COUNCIL MINUTES Page 4 of 7 FEBRUARY 21, 2023
22
MOTION — A motion was made and seconded by Councilmembers Fitzpatrick/McGarrey to:
• Receive and file fiscal year 2022/23 Mid -Year Budget Report;
• Approve the recommended budget adjustments of $840,000;
• Designate $9 million in reserve funding allocations to fully fund the City's updated
reserves categories as follows:
✓ Natural Disaster $15 million ($5 million increase from $10 million)
✓ Economic Downturn $13 million ($2 million increase from $11 million)
✓ Cash Flow $ 5 million (no increase)
✓ Capital Replacement $12 million ($2 million increase from $10 million)
• Approve allocation of $5.2 million from General Fund Unassigned Fund Balance
and $5 million from the Pension Trust fund to make an additional discretionary
payment in fiscal year 2022/23 to pay down the City's unfunded pension
obligations.
Motion passed unanimously.
STUDY SESSION
1. DISCUSS SHORT-TERM VACATION RENTAL (STVR) PROGRAM
CHARACTERISTICS, COMPLIANCE, AND ENFORCEMENT OVERVIEW FOR
2022 AND A COMPARISON TO 2021
City Clerk Radeva and Permit Technician Lorett presented the staff report, which is on
file in the Clerk's Office.
PUBLIC SPEAKER: Kay Wolff, La Quinta — requested that Council reaffirm the
ordinances banning new STVR permits; improve and tighten enforcement with funds
generated by STVRs; proposed that statistic showing no resident complaints to the STVR
hotline may be due to residents giving up on satisfactory responses; proposed steps to
restore public confidence in using the hotline service; offered steps to remove illegal
operators and improve the program; and steps to educate residents.
PUBLIC SPEAKER: Jelena Tamm, La Quinta — provided information on STVRs in the
Santa Rosa Cove residential community; and requested that new STVR permits be
permitted in this HOA.
PUBLIC SPEAKER: Jelena Tamm, La Quinta resident and Board Member/representative
of Vacation Rental Owners and Neighbors (VRON-LQ) (used speaker time donated by
Quinn Tamm, La Quinta) — stated that the work of Code Enforcement, VRON-LQ, and
STVR owners over the past years has resulted in a successful program; and offered
assistance of VRON-LQ members should the City wish to discuss lifting the ban on new
STVR permits.
Council discussed the number of entitled properties in the exempt areas; Santa Rosa
Cove community's vote to abide by City's ban on new permits, and not be exempt from
that ban, when Council discussed a possible code amendment to establish a process for
CITY COUNCIL MINUTES Page 5 of 7 FEBRUARY 21, 2023
23
such amendments back in 2021; the successful results of the four -day test of the City's
complaint hotline; entities that answer the hotline each day/time of its 24/7 coverage;
misinformation regarding false complaints; noise complaints from owner -occupied
properties; proactive surveillance of problem areas; need for continued vigilance on
unpermitted rentals; Code Compliance collaboration with HOAs security; closing gaps
that unpermitted renters find to circumvent the program; frequency and methods in place
to verify the number of bedrooms in each rental and cross-checking advertisements;
future discussion of adjusting the ban on new Homeshare permits; Council's desire to
tackle unpermitted properties; need for data from group opposing all STVRs in order to
evaluate problems they raise; encouraging resident to meet with staff with suggestions
for program improvement; declining density of STVRs; inability to fairly deal with STVR-
density per area blocks; and administrative appeals process is to provide the required
due process to the responsible party.
Council reached a consensus and directed staff to bring a Study Session regarding
consideration of lifting the ban on new STVR Homeshare permits; discussing a
requirement for a four -fifth vote to change the current ban on the issuance of new STVR
permits in permit ban areas; administration of the program in HOAs by HOA's security;
and suggestions presented by public speaker Kay Wolff.
WRITTEN PUBLIC COMMENTS were received from the residents listed below, in
alphabetical order, requesting that the issuance of new STVR permits be reinstated for
the Santa Rosa Cove residential development; the comments were distributed to Council,
made public, published on the City's website, and included in the public record of this
meeting:
• Lorna and Zimmerman Beccaira, La Quinta
• Paul and Barbara Chrisman, La Quinta
• Ken Kristensen, La Quinta
• Bruce Romans, La Quinta
• Christian Schofield, La Quinta
• Peter and Susan Starrett, La Quinta
• Hilary Streeter, La Quinta
• Marcuse Strijdveen, La Quinta
• Nicole Strijdveen, La Quinta
PUBLIC HEARINGS — None
DEPARTMENTAL REPORTS — None
MAYOR'S AND COUNCIL MEMBERS' ITEMS
Councilmember Pena reported on his attendance at the Date Festival Parade in Indio.
Mayor Evans reported on the annual Community Workshop, held on February 15, 2023;
meeting India's Ambassador to the U.S.; Palm Springs Air Museum Gala; ribbon cuttings
CITY COUNCIL MINUTES Page 6 of 7 FEBRUARY 21, 2023
24
for new La Quinta businesses; leadership talk to ASB students; Find Food Bank Giving
Breakfast; and La Quinta Rotary Club.
Councilmember McGarrey reported on her meeting with the Girl Scouts.
REPORTS AND INFORMATIONAL ITEMS
La Quinta's representative for 2023, Mayor Evans reported on her participation in the
following organizations' meetings:
• CVAG COACHELLA VALLEY CONSERVATION COMMISSION
• IMPERIAL IRRIGATION DISTRICT — COACHELLA VALLEY ENERGY
COMMISSION
La Quinta's representative for 2023, Councilmember Fitzpatrick reported on her
participation in the following organization's meeting:
• RIVERSIDE COUNTY TRANSPORTATION COMMISSION
La Quinta's representative for 2023, Councilmember Pena reported on his participation
in the following organizations' meetings:
• MOSQUITO AND VECTOR CONTROL DISTRICT BOARD OF TRUSTEES
• CVAG HOMELESSNESS COMMITTEE
ADJOURNMENT
There being no further business, a motion was made and seconded by Councilmembers
McGarrey/Sanchez to adjourn at 6:50 p.m. Motion passed unanimously.
Respectfully submitted,
MONIKA RADEVA, City Clerk
City of La Quinta, California
CITY COUNCIL MINUTES Page 7 of 7 FEBRUARY 21, 2023
25
26
CONSENT CALENDAR ITEM NO. 4
City of La Quinta
CITY COUNCIL MEETING: March 7, 2023
STAFF REPORT
AGENDA TITLE: APPROVE DECLARATION AND DISPOSAL OF SURPLUS VEHICLES
AND EQUIPMENT
RECOMMENDATION
Approve the declaration and disposal of surplus vehicles and equipment.
EXECUTIVE SUMMARY
• The City has accumulated surplus, obsolete and non-functional equipment that has
limited market value and one City -owned motorcycle and street sweeper that have
reached the end of their functional life (Surplus).
• Pursuant to the City's Surplus Supplies and Equipment Policy (Policy), Council must
declare property surplus prior to sale.
• Upon Council approval, a notice for bid will be advertised in The Desert Sun and on
the City's website.
FISCAL iMHAL;T
Proceeds from equipment sales will be deposited into the original fund they were
purchased from, and vehicle sales will be deposited into the Equipment Replacement Fund
(501-0000-45000), which includes a hauling cost for the street sweeper with The Auction
Company JAC) of approximately $800. Advertising cost in The Desert Sun will be
approximately $200 and is budgeted in Finance (101-1006-60450, Advertising).
iACKGROUND/ANALYSIS
The Surplus consists of both functioning and non-functioning equipment that is no longer
needed or has outlived its purpose (Attachment 1). Surplus items are identified by
Department Directors as outlined by Policy. The Finance Department consolidates the
items for Council's review.
Police motorcycles have a useful lifespan of approximately 5 years or 50,000 miles. The
City has determined that this City -owned motorcycle has reached the end of its useful life.
Per Policy, a Department Director may determine the estimated market value. The total
estimated market value, per Kelley Blue Book, for the motorcycle is $5,465, if considered in
"good" condition (Attachment 2).
27
Upon Council approval, Surplus will be advertised for bid in The Desert Sun and on the City
website. Staff is proposing the following schedule:
• Publication posting: March 10 and 17, 2023
• Bid deadline: March 24, 2023
• Bid opening: March 27, 2023
The City contracts for street sweeping through Burrtec and the Coachella Valley
Association of Governments; the City owns a street sweeping unit that has reached its end
of life and is currently inoperable and will be advertised and auctioned off by TAC. TAC
owners have been in the auction industry for over 30 years specializing in selling for
Government Agencies and the City has utilized their services in the past. The total
estimated market value of the street sweeping unit, per vendors in the United States with
similar products available, if considered in "good" condition, is $50,000 (Attachment 2).
Per Policy, if no bids are received, the surplus equipment will be sold at auction, donated to
a non-profit organization, or discarded.
ALTERNATIVES
Staff does not recommend an alternative action; this process occurs so that the City may
discard surplus property and equipment.
Prepared by: Jessica Delgado, Management Assistant
Approved by: Claudia Martinez, Finance Director
Attachments: 1. List of Surplus Property and Equipment
2. List of Surplus Vehicles
28
ATTACHMENT 1
Item
Number
Description
jffiondition
4
1413
Bicycle
Trek
Black
WTU343C3405D
Poor
1414
Bicycle
Trek
Black Missing Seat
Unknown
Poor
1415
Bicycle
Trek
Black
WW2814357
Poor
1416
Bicycle
Trek
Black
WW2815300
Poor
1417
Bicycle
Trek
Black
WL3145757
Poor
1418
Bicycle
Trek
Black
W23254182
Poor
1419
Bicycle Helmets
I Bell
One bag of 10 Black/White Helmets
Unknown
Poor
t420
1420
Flashlight
Streamli ht
Black
520875
Poor
29
Item
Number
Description
1421
Flashlight
Streamli ht
Black
557570
Poor
�a.
ax
1422
Flashlight
Ma li ht
Black
MCLM20021813
Poor
t6i
1423
Flashlight
Sure Fire
Black
PAT-6386730
Poor
rau
1 Box of Miscellaneous Electronics and
1424
Electronics and Cables
Unknown
Cables
Unknown
Poor
1425
Filling Cabinet
Unknown
Black, 2-Drawer with Key
N/A
Fair
1426
Bicycle Mount Rack
THULE
Black
1686974
Fair
i
1427
Bicycle Mounted Rack
THULE
Black
1924440
Fair
{
1428
GPS
TomTom
Black
L42118BO1463
Fair
30
Item
Number
Photo
Description
1429
Computer Tower
HP, Pro Desk
Unknown
MXL5040VCV
Poor
1430
Computer Tower
Dell O ti Iex 3020
Unknown
7T7SF02
Poor
1431
Computer Tower
HP, Pro Desk
Not Working
MXL5040VFC
Poor
1432
Computer Tower
-
Dell O ti Iex 3020
Not Working
11475205202
Poor
F
1433
Computer Tower
HP, Pro Desk
Broken CD Rom Drive
2UA4210XZM
Poor
1434
Computer Tower
HP, Pro Desk
Not Working
MXL3520ZTR
Poor
1435
Computer Tower
HP Pro 3005MT
Not Working
MXL01918DB
Poor
1436
Monitor
NEC V221W
Unknown
9Y104588NA
Poor
31
Item
Number
Item
Description
1437
Monitor
HP Elite Display E221i
Unknown
3CQ3201HGZ
Poor
=
1438
Monitor
HP L1750
Unknown
CNC820R818
Fair
1439
Monitor
HP Compaq LA2205wq
Working
3CQ3201 MWC
Good
1440
Monitor
Dell
Working
CN-OGXY2M-QDC00-8A5-ONUB-A07
Good
1441
Scanner
Fu'itsu Scan Snap ix500
Not Working
Al 3BC07828
Fair
1442
Monitor
Dell
Working
CN-OGXY2Z
Good
1443
Monitor
HP Elite Display E221i
Working
5005180013120BNW
Fair
1444
Laptop
Panasonic CF-74
Black and Grey
Unknown
Unknown
32
Item
Number
Photo
Description
IDA
1445
Computer Tower
Unknown
Unknown if Working
MXL5501 R9V
Poor
f�
J
1446
Computer Keyboards
Unknown
Several Keyboards
N/A
Poor
i■
Universal Forensic
1447
Extraction Device
Cellebrite
Extraction Device with Carrying Bag
Unknown
Unknown
tr r
Hamilton Buhl, Model ALSR700/Dual
1448
Hearing Devices
Channel Reciever
Total of 6 Working and Includes Case
N/A
Good
1449
Haul Trailer
Carry -on
2006 Cargo Trailer
4YMCL1266TO58151
Good
1450
Concrete Mixer
••
Muller Mixer
Mixer with Tow Bar
135700
Fair
1451
Chairs
A -Line
Total of 56 White Chairs
N/A
Good
1452
Street Stencils
Unknown
Serveral
N/A
Poor
.as
3
1453
Welder
Lincoln Elect 3200 HD
Unknown
Unknown
Poor
Item
Number
Photo
Description
1454
Paint Sprayer
Unknown
Walk Behind Paint Sprayer
Unknown
Poor
r
1455
Air Tank
Mid -West Products
Portable, 9 Gallon
N/A
Good
Dal
1456
Office Desk
National Waveworks
End Panel, Laminated
17306
Good
1457
Sawzall
Rigid
Total of 2, Battery Operated
Unknown
Poor
k WE&
1458
Van Shelving
Weather Guard
Storage Shelving
N/A
Good
1459
Tool Box
Kobalt
Black Truck Bed Tool Box
N/A
Fair
1460
Tool Box
Huskey
Black Truck Bed Tool Box
N/A
Fair
1461
Tool Box
Weather Guard
Black Truck Bed Tool Box
N/A
Fair
34
Item
Number
Item
Description
1462
Tool Box
Craftsman
Black Truck Bed Tool Box
N/A
Fair
1463
Tool Box
Craftsman
Black Truck Bed Tool Box
N/A
Fair
1464
Tool Box
Unknown
1 Set of Side Mount Truck Tool Boxes
N/A
Fair
=,AA'
1465
Tool Box
Unknown
1 Set of Side Mount Truck Tool Boxes
N/A
Fair
1466
Tool Box
Unknown
1 Set of Side Mount Truck Tool Boxes
N/A
Fair
1467
Tool Box
Unknown
1 Set of Side Mount Truck Tool Boxes
N/A
Fair
i
1468
Ladder Rack
Unknown
Retractable
N/A
Good
4
1469
Office Supplies
Several
Box of Several Office Supplies
N/A
Fair
35
Item
Number
Photo
Description
l T
d
I
1470
Office Supplies
Several
Box of Several Office Supplies
N/A
Fair
1471
Office Supplies
Several
Box of Several Office Supplies
N/A
Fair
y
1472
Filling Cabinet
Unknown
Black, 2-Drawer with Key
N/A
Fair
1473
Mobile Printers
Zebra RW420
Black, Total of 5
Several
Fair
Ticket Writer and Docking
1474
Stations
Zebra
Unknown if Working
Unknown
Fair
1475
Power Adapter
Zebra
Black
BGA12V50WOWW-163545524
Good
i
r
1476
Power Adapter
Zebra
Black
BGA12V50WOWW-163545521
Good
1
1477
Power Adapter
Zebra
Black
BGA12V50WOWW-163545528
Good
36
Item
Number
Photo
Description
1
71
M
1478
Power Adapter
Zebra
Black
BGA12V50WOWW-163545460
Good
1479
1479
Battery Pack
Zebra
Unknown if Working
27707SJS0350R4
Fair
Random Chargers and
1480
Cables
Several
One Box of Random Changer and Cables
Unknown
Poor
1481
Filling Cabinet
i
Unknown
Small Tan 3-drawer
N/A
Poor
1482
Fillinq Cabinet
Unknown
Small Black 3-drawer
N/A
Fair
1483
Filling Cabinet
Unknown
Small Black 3-drawer
N/A
Fair
1484
Filling Cabinet
Unknown
Small, Black. 3-drawer
N/A
Fair
Kl' li l:Nf
1485
Tracker
Unknown
Unknown
2121
Fair
37
Item
Number
Item Mill
Description
1486
rr+�
1486
Tracker
Unknown
Unknown
2074
Fair
Small Rechargeable
. f
1487
batteries
Unknown
Total of
N/A
Poor
1488
Filling Cabinet
Unknown
Large, 2-drawer
N/A
Fair
1489
Stackable Chairs
Unknown
Black
N/A
Fair
_
1490
GPS
TomTom
Unknown if Working
L42118AO0574
Fair
1491
GPS
7
TomTom
Unknown if Working
L43128AO1417
Fair
1492
GPS
TomTom
Unknown if Working
L42118CO0835
Fair
Ilk
1493
GPS
TomTom
Unknown if Working
L42118AO0278
Fair
38
Item
Number
Item
Description
IF,
1494
GIPS
TomTom
Unknown if Working
L43128DO1222
Fair
1495
Motorcycle Helmet
Nell Memorial Foundation
Green / Tan
MB355544
Poor
1496
Motorcycle Helmet
Nell Memorial Foundation
Green / Tan
ML125615
Poor
lie
1497
Motorcycle Side Saddle Box
Unknown
Black / White
None
Fair
a
1498
Security Kit
Kwikset
Serveral Locksets
None
Poor
Adjustable motorcycle
1499
levers
Ride It Forever Model Nina 650R
Not Used
Unknown
Good
Ao
f
1
Ht Radio with Charging
1500
Station
Motorola Radius P110
Unknown
Unknown
Fair
�k
1501
Random Cords
ry•
Unknown
Box of Several Cords
N/A
Poor
39
Item
Number
Description
711
1502
Voice Recorder
Son M-570V
Unopened
Unknown
Good
54
1503
Flashlight
Surefire
Unknown
PAT.6386730
Poor
i S4.r •i
1504
Dash Cam
Roav R2210
Unknown if Working
Unknown
Poor
1505
Motorcycle Charger
y +14}y
Seed Charge 600 A
Unknown
Unknown
Fair
1506
Motorcycle Charger
Seed Charge 600 A
Unknown
Unknown
Fair
1507
Battery Tester
O timate5 TM221
Unknown
Unknown
Poor
15O8
1508
Charging Station
BMW
12V
Unknown
Fair
I � I
u
1509
Bag
Tar us
Black
N/A
Fair
40
Item
Number
Item
Photo
Description
t
1510
Cables
Unknown
1 Baq of Several Random Cables
N/A
Unknown
Box of Several Cell Phones and Cell Phone
1511
Cell Phones and Cases.
Apple Iphone5s, Cases Unknown
Cases
Several
Fair
F =
1512
Computer Tower
Dell O ti Iex 3050
Unknown
GT9F6F2
Good
1513
Computer Tower
Dell O ti Iex 3020
Unknown
62JZFZ1
Good
1514
Computer Tower
Dell O ti Iex 3020
Unknown
59241-102
Good
1515
Computer Tower
Dell O ti lex 3020
Unknown
6ZNYFZI
Good
tia
1516
Computer Tower
Dell O ti Iex 3020
Unknown
62BZFZ1
Good
1517
1 Computer Tower
I
I Dell O ti Iex 3020
Unknown
5ZZYFZ1
I Good
41
Item
Number
Pho
Description
1518
Computer Tower
d it
Dell O ti Iex 3020
Unknown
2TS6H02
Good
1519
Computer Tower
Dell O ti Iex 3020
Unknown
17WS382
Good
� LL.
1520
Computer Tower
Dell O ti lex 3020
Unknown
60ZZFZ1
Good
F
1521
Computer Tower
Dell O ti Iex 3020
Unknown
992LPZ1
Good
LS
1522
Computer Tower
Dell O ti Iex 3040
Unknown
3C78JG2
Good
1523
Laptop
HP Stream 11 Pro
Notebook
5CD6511 PVB
Fair
6
1524
Docking station
Dell K09A
Missing Components
N/A
Good
152S
1525
Docking station
Dell K09A
Missing Components
N/A
Good
42
Item
Number
Item
Description
I
�I
1526
Docking station
Dell K09A
Missing Components
N/A
Good
1527
Docking station
Dell K09A
Missing Components
N/A
Good
69
Wireless Headset with
1528
Docking station
Paltronics
Cracked
N/A
Poor
W
1529
Computer Tower
HP P6000
Unknown
4CE0421KY
Fair
1530
Computer Tower
HP Z220
Unknown
2YA4201C24
Good
1531
Computer Tower
.a.
Dell O ti lex 3050
Unknown
HM6TJK2
Good
1532
Laptop
HP Stream 11
Missing Charger
5CD6511PWD
Good
1533
Computer Tower
HP Pro 3400
Unknown
MXL2350KTL
Good
43
Item
Number
Item
Description
L
1534
Monitor
Dell P2414Hb
Red Line in Middle of Screen
CN-0524N3-42C-2W2L
Poor
r
1535
Monitor
Dell P2414Hb
Red Line in Middle of Screen
CN-0524N3-74261-450-6GGL
Poor
r
1536
Monitor
Gateway TFT178OPS+
Unknown
MW679BON03063
Poor
1537
Monitor
HP W2371d
Unknown
6CM3202YBR
Fair
1538
Monitor
Dell P2414Hb
Red Line in Middle of Screen
CN-0524N3-74261-42C-2WTL
Fair
1539
Monitor
Acer AL2616W
Unknown
71600318542
Fair
1540
Monitor
HP LA2405X
Unknown
CN431910TK
Fair
1541
Phones
Mitel
Not Working,Box of 9 Phones
N/A
Poor
44
Item
Number
Description
1542
Laptop
Acer Chrome Book
Missing Charger
NXG85AA001652053F37600
Fair
1543
Laptop
• s.rr,�
f4+
TR.iI
Acer Chrome Book
Missing Charger
NXG85AA0016520FE7600
Fair
1544
Laptop
' TIMIN
.kA-
15aa
Acer Chrome Book
Missing Charger
NXG85AA0016520F3337600
Fair
1545
Laptop
+ QHFA3
35�8
Acer Chrome Book
Missing Charger
NXG85AA0016520F3B7600
Fair
1546
Laptop
L5A
4W-
1.14�
�Ra
Acer Chrome Book
Missing Charger
2A27600
Fair
1547
Laptop
i+F{7
Acer Chrome Book
Missing Charger
20E7600
Fair
1548
Laptop
ir:ut
154E
Acer Chrome Book
Missing Charger
33D7600
Fair
1549
Laptop
+ rNN4
l549
Acer Chrome Book
Missing Charger
2CB7600
Fair
45
Item
Number
Description
L
1550
Laptop
HP D40
Missing Charger
CNU9326X3D
Fair
vy.
1961
L
1551
Laptop
Apple A1466
Missing Charger
C1MTD05BH3QF
Good
L56i.
1552
Laptop
Dell E7440
Missing Charger
7LG9XZ1
Good
1*�i3
k
1553
Laptop
Dell M2800
Missing Battery
H84SJ72
Good
117i
1554
Laptop
Dell M2800
Missing Battery
7XZSJ72
Good
1�
1555
Laptop
Dell M2800
Missing Battery
4WB2262
Good
1556
Laptop
Dell M2800
Missing Battery
1543,172
Good
1557
Laptop
Dell Ins irion 15R
Missing Parts
J667602
Good
46
Item
Number
Item
Photo
Description
lS56
1558
Laptop
Dell Ins irion 15R
Missing Parts
D567602
Poor
1559
Key Boards
Unknown
Several
N/A
Poor
1560
—_
1560
Computer Mouses
Unknown
Box of 14
N/A
Poor
4
4
1561
Speakers
Unknown
Box of 5 Pairs
N/A
Poor
1-962
1562
Docking Station
Dell D6000
Missing Components
N/A
Poor
a
tA67
1563
Laptop
Dell E7440
Not Working
G6H9XE1
Poor
1564
Body Worn Camera
SafariLand LE5
Inflated Battery
N/A
Poor
1565
Body Worn Camera
SafariLand LE6
Inflated Battery
N/A
Poor
47
Item
Number
Photo
Description
1566
Cell Phone
Apple !Phone
Cracked Screen
N/A
Poor
r, �rir
1567
Cell Phone
�r
-
Apple !Phone
Cracked Screen
N/A
Poor
■
1568
Power Supply
Super MicR
Faulty
N/A
Fair
1569
Scanner
Kodak i2400
Missing Parts
48178577
Fair
MA
1570
Printer
HP LaserJet 1022n
Water Damage
VNB3M26307
Poor
i
L1571,
1571
Scanner
Fu'itsu S500
Missing Components
40820
Fair
�A,fi••S
1572
1572
Phone Side Module
Mitel BB424
Missing Components
0010495D7F04
Good
1573
Modern DBcor
Unknown
7 c Set
N/A
Good
48
Item
Number
Photo
Description
1574
Modern DBcor
Unknown
7 c Set
N/A
Good
,r
1575
Stackable Chairs
Unknown
White, Total of 10
N/A
Poor
49
50
ATTACHMENT 2
$50,000 - Per TruckSite.com
V-1 Street Sweeper 2007 Schwarze Regeneterive Air 49HXCPOO57DX66290 POOR Unit 64 NOl Running
S.4 cub.yrd. Hopper, A-7000 CNG
Yy
V-2 Motocyole n 2006 Honda SM00 JH2SC51716M400005 POOR 3006659 Not Running $5,465-per Kelly Blue
Book
51
52
CONSENT CALENDAR ITEM NO. 5
City of La Quinta
CITY COUNCIL MEETING: March 7, 2023
STAFF REPORT
AGENDA TITL' AUTHORIZE OVERNIGHT TRAVEL FOR ONE COUNCILMEMBER TO
ATTEND THE LEAGUE OF CALIFORNIA CITIES CITY LEADERS SUMMIT IN
SACRAMENTO, CALIFORNIA, APRIL 12-14, 2023
RECOMMENDATION
Authorize overnight travel for one Councilmember to attend the League of California Cities
City Leaders Summit in Sacramento, California, April 12-14, 2023.
EXECUTIVE SUMMARY
The League of California Cities (League) is an association of California cities who
collaborate to exchange information and combine resources to influence state
legislation.
• The League's City Leaders Summit (Summit) is an educational event that allows city
officials to influence state policy decisions, gain leadership skills and participate in
discussion forums and networking.
FISCAL IMPACT
Estimated expenses are $1,900 per attendee; this cost includes conference registration,
lodging, air travel, and meals. Funds are available in the City Council travel and training
account (101-1001-60320).
BACKGROUND/ANALYSIS
The League's Summit provides an opportunity for local leaders to learn from leading
experts as well as from their peers. During the event, city leaders will have the opportunity
to spend a full day meeting with legislators to discuss the most pertinent issues affecting
their cities. Educational sessions and forums will include topics such as legislative
advocacy, State's climate goals, housing, public safety, and communication.
ALTERNATIVES
Council may elect not to authorize this request.
Prepared by: Jennifer Nelson, Management Specialist
Approved by: Jon McMillen, City Manager
53
54
CONSENT CALENDAR ITEM NO. 6
City of La Quinta
CITY COUNCIL MEETING: March 7, 2023
STAFF REPORT
AGENDA TITLE: APPROVE DEMAND REGISTERS DATED FEBRUARY 17 AND
FEBRUARY 24, 2023
RECOMMENDATION
Approve demand registers dated February 17 and February 24, 2023.
EXECUTIVE SUMMARY — None
FISCAL IMPACT
Demand of Cash:
City
Successor Agency of RDA
Housing Authority
BACKGROUND/ANALYSIS
$ 7,169,761.68
$ 14,029.76
$ 7,183,791.44
Routine bills and payroll must be paid between Council meetings. Attachment 1 details
the weekly demand registers for February 17 and February 24, 2023.
Warrants Issued:
210181-210237
210238-210284
Wire Transfers
Payroll Tax Transfers
Payroll Direct Deposit
Voids
$
1,678,815.24
$
3,099,783.77
$
2,110,846.85
$
52,387.71
$
243,311.87
$
(1,354.00)
$
7,183,791.44
Three checks in the amount listed above were voided and reissued due to non -receipt.
55
The most significant expenditures on the demand registers are:
Vendor
Burrtec Waste & Recycling
Services
Jacobsson Engineering
Construction, Inc
Urban Habitat
Visit Greater Palm Springs
Vintage Associates(l)
Account Name Amount
Purpose
Various $2,789,495.31 Property Tax Payments
Construction $863,481.00 Jefferson & Ave 53
Roundabout Progress
Payment
Construction $464,573.06 Topaz, X-Park & Rancho
Ocotillo Landscape Progress
Payments
TB IS Due to VGPS $120,266.38 FY22/23 Q2 STVR TBID
Collections
Various $86,756.71 Park Landscape Maintenance
(1) Payments were made on 2/17/23 & 2/24/23
Wire Transfers: Eleven transfers totaled $2,110,847. Of this amount, $1,740,815 was to
US Bank Trust for bond debt service, and $248,576 was to Landmark. (See Attachment
2 for a complete listing).
Investment Transactions: Full details of investment transactions as well as total
holdings are reported quarterly in the Treasurer's Report.
Settle
Coupon
Transaction Issuer Type
Par Value
Date
Rate
Purchase Federal Farm Credit Bank Agency
$ 1,000,000
2/15/2023
3.870%
Purchase United States Treasury Treasury
$ 1,000,000
2/15/2023
3.250%
Purchase Liberty First Credit Union CD
$ 248,000
2/21/2023
4.500%
Maturity Servisfirst Bank CD
$ 248,000
2/21/2023
1.600%
Prepared by: Jesse Batres, Account Technician
Approved by: Claudia Martinez, Finance Director
Attachments: 1. Demand Registers
2. Wire Transfers
YTM
3.980%
4.070%
4.500%
56
UAiEXIIIIIII:I► 140ksI
Q"%ra
City of La Quinta
-i:Al IFWIM-
Demand Register
Packet: APPKT03388 - 02/17/2023 JB
Vendor Name
Payment Number
Description (Item)
Account Name
Account Number
Amount
Fund: 101- GENERAL FUND
GALLS LLC
210207
1/17/23 - CODE OFFICER UNIFORMS
Uniforms
101-6004-60690
119.70
GALLS LLC
210207
01/19/23 - CODE OFFICER UNIFORMS
Uniforms
101-6004-60690
243.54
GALLS LLC
210207
1/30/23 - CODE OFFICE UNIFORMS
Uniforms
101-6004-60690
204.78
CHARTER COMMUNICATIONS ...
210190
02/03-03/02/23 - FS #93 INTERNET (3514)
Cable/Internet - Utilities
101-2002-61400
99.99
DECKARD TECHNOLOGIES, INC.
210197
01/2023 - RENTALSCAPE
Professional Services
101-1005-60103
3,750.00
LOGIC COMPENSATION GROU...
210215
02/07/23 - RECLASS CITY JOB DESCRIPTIO...
Professional Services
101-1004-60103
1,200.00
PVP COMMUNICATIONS INC
210221
2/3/23 - MOTOR RADIO REPAIR
Special Enforcement Funds
101-2001-60175
1,663.72
DESERT TREE SPRAYING
210202
02/10/23 - FIRE ANT TREATMENT AT SRR ...
Maintenance/Services
101-3005-60691
300.00
POWERS AWARDS INC
210220
1/20/23 - 5 YEAR AWARD PLAQUES (7)
Employee Recognition Events
101-1004-60340
380.09
SOCAL LIGHTING PROS
210228
2/1/23 - FINAL HOLIDAY TREE STORAGE/I...
Community Experiences
101-3003-60149
2,406.53
RUDY, LORI A
210226
02/09/23 - ESSENTIAL FITNESS CLASS
Instructors
101-3002-60107
196.00
RUDY, LORI A
210226
02/09/23 - ESSENTIAL FITNESS DI CLASSES
Instructors
101-3002-60107
67.20
WILLIAMS, BILLEE
210237
02/09/23 - PILATES CLASS
Instructors
101-3002-60107
490.00
SHIRY, TERESA
210227
02/09/23 - BALLROOM BEGINNING CLASS
Instructors
101-3002-60107
210.00
VIELHARBER, KAREN
210234
02/09/23 - GENTLE YOGA CLASS
Instructors
101-3002-60107
231.00
VIELHARBER, KAREN
210234
2/09/23 - GENTLE YOGA TUESDAY CLASS
Instructors
101-3002-60107
168.00
VIELHARBER, KAREN
210234
02/29/23 - GENTLE YOGA CLASSES
Instructors
101-3002-60107
36.40
VIELHARBER, KAREN
210234
02/09/23 - GENTLE YOGA TUESDAY DI CLA...
Instructors
101-3002-60107
27.30
NOVAK, JAN
210218
02/09/23 - PICKLEBALL 101 BEGINNER CL...
Instructors
101-3002-60107
700.00
JENSEN, SHARLA W
210213
02/09/23 - 1 DAY SESSION CLASSES
Instructors
101-3002-60107
144.00
JENSEN, SHARLA W
210213
02/09/23 - PERSONAL TRAINING 6 SESSIO...
Instructors
101-3002-60107
264.00
HEWETT, ATSUKO YAMANE
210209
02/09/23 -TAI CHI YANG CLASS
Instructors
101-3002-60107
176.40
HEWETT, ATSUKO YAMANE
210209
2/9/23 -TAI CHI YANG DI CLASS
Instructors
101-3002-60107
16.80
DESERT CONCEPTS CONSTRUC...
210199
02/01/23 - FB PARK GATE REPAIR
Maintenance/Services
101-3008-60691
4,200.00
VINTAGE ASSOCIATES
210235
11/8/22 - CIVIC CENTER PARK PLANTS
Materials/Supplies
101-3005-60431
840.00
VINTAGE ASSOCIATES
210235
11/8/22 - CIVIC CENTER PARK PLANTS
Materials/Supplies
101-3005-60431
2,820.00
VINTAGE ASSOCIATES
210235
11/30/22 - CIVIC CENTER PARK REPAIRS A...
Maintenance/Services
101-3005-60691
680.00
VINTAGE ASSOCIATES
210235
1/28/23 - DESERT PRIDE DG INSTALL
Maintenance/Services
101-3005-60691
3,400.00
NI GOVERNMENT SERVICES INC
210217
01/2023 - SATELLITE PHONES
Mobile/Cell Phones/Satellites
101-2002-61304
87.35
CIVICPLUS, LLC
210191
1/27/23 - LQ MUNICIPAL CODE CODIFICAT...
Professional Services
101-1005-60103
714.00
ODP BUSINESS SOLUTIONS, LLC
210219
09/23/22 - OFFICE SUPPLIES
Office Supplies
101-1002-60400
34.26
ODP BUSINESS SOLUTIONS, LLC
210219
09/23/22 - PRESENTER FOR EAST CONFER...
Office Supplies
101-1002-60400
33.44
ODP BUSINESS SOLUTIONS, LLC
210219
10/31/22 - MISCELLANEOUS CREDIT
Office Supplies
101-1002-60400
-2.41
KEENAN & ASSOCIATES
210214
09/1/22-09/1/23 - EMPLOYEE VIRTUAL B...
Consultants/Employee Services
101-1004-60104
510.00
ODP BUSINESS SOLUTIONS, LLC
210219
02/01/23 - EXTENSION CORD
Operating Supplies
101-1005-60420
16.50
ODP BUSINESS SOLUTIONS, LLC
210219
02/03/23 - CLIPBOARD & PAPER PUNCHER
Office Supplies
101-6004-60400
34.96
ODP BUSINESS SOLUTIONS, LLC
210219
02/03/23 - STAPLE GUN
Office Supplies
101-6004-60400
36.30
STAPLES ADVANTAGE
210229
02/02/23 - BATTERIES
Operating Supplies
101-7001-60420
20.00
STAPLES ADVANTAGE
210229
02/04/23 - OFFICE SUPPLIES
Office Supplies
101-7001-60400
122.99
STAPLES ADVANTAGE
210229
02/05/23 - OFFICE SUPPLIES
Office Supplies
101-3005-60400
19.13
STAPLES ADVANTAGE
210229
02/07/23 - PRINTER INK CARTRIDGE
Office Supplies
101-3002-60400
75.91
STAPLES ADVANTAGE
210229
02/08/23 - OFFICE SUPPLIES
Office Supplies
101-3002-60400
302.22
STAPLES ADVANTAGE
210229
02/09/23 - OFFICE SUPPLIES
Operating Supplies
101-6006-60420
38.68
RASA/ERIC NELSON
210222
01/25/23 - LLA 2022-0010 ONCALL MAP C...
Map/Plan Checking
101-7002-60183
420.00
HIGH TECH IRRIGATION INC
210210
02/08/23 - CATCHY TRASH CAN
Materials/Supplies
101-3005-60431
49.94
VERIZON WIRELESS
210233
12/26/22-01/25/23 - LQPD CELL (6852)
Telephone - Utilities
101-2001-61300
875.77
COACHELLA VALLEY WATER DI...
210195
02/13/23 - WATER SERVICE
Water - Utilities
101-2002-61200
111.05
COACHELLA VALLEY WATER DI...
210195
02/13/23 - WATER SERVICE
Water -Seasons Park - Utilities
101-3005-61208
25.88
COACHELLA VALLEY WATER DI...
210195
02/13/23 - WATER SERVICE
Water -Community Park - Utilit..
101-3005-61209
172.53
COACHELLA VALLEY WATER DI...
210195
02/13/23 - WATER SERVICE
Water - Utilities
101-3008-61200
24.71
COACHELLA VALLEY WATER DI...
210195
02/15/23 - WATER SERVICE
Water - Utilities
101-2002-61200
256.14
COACHELLA VALLEY WATER DI...
210195
02/15/23 - WATER SERVICE
Water -Monticello Park - Utiliti...
101-3005-61201
3,557.52
COACHELLA VALLEY WATER DI...
210195
02/15/23 - WATER SERVICE
Water -Fritz Burns Park - Utiliti...
101-3005-61204
184.21
2/24/2023 1:08:58 PM
Page 1 of 7
57
Demand Register Packet: APPKT03388 - 02/17/2023 JB
Vendor Name
Payment Number
Description (Item)
Account Name
Account Number
Amount
COACHELLA VALLEY WATER DI...
210195
02/15/23 - WATER SERVICE
Water - Utilities
101-3008-61200
71.30
DESERT RESORT MANAGEMENT
210201
01/2023 - SECURITY PATROL SERVICES
Professional Services
101-6004-60103
3,883.51
FREGOSO, JESUS H.
210204
2/23/23 - BALANCE EMPLOYEE BANQUET ...
Employee Recognition Events
101-1004-60340
1,000.00
VISIT GREATER PALM SPRINGS
210236
Q2 FY22/23 STVR TBID COLLECTIONS
TBID Due to VGPS
101-0000-20303
126,596.18
VISIT GREATER PALM SPRINGS
210236
Q2 FY22/23 STVR TBID COLLECTIONS
VGPS TBID Admin Fee
101-0000-43635
-6,329.80
BATUTA, DANIELE
210186
FY 22/23 ANNUAL WELLNESS DOLLARS D....
Annual Wellness Dollar Reimb...
101-1004-50252
149.99
CASTRO, DANNY
210188
FY 22/23 ANNUAL WELLNESS DOLLARS RE...
Annual Wellness Dollar Reimb...
101-1004-50252
187.89
CLAYTON JR., DUANE
210192
FY 22/23 ANNUAL WELLNESS DOLLARS RE...
Annual Wellness Dollar Reimb...
101-1004-50252
200.00
FREGOSO, JESUS H.
210203
2/23/23 - DEPOSIT EMPLOYEE BANQUET ...
Employee Recognition Events
101-1004-60340
400.00
ANGEL VIEW, INC.
210182
FY 22/23 COMMUNITY SERVICE GRANT
Grants & Economic Developm...
101-3001-60510
3,500.00
RIVERSIDE CO. SHERIFF EXPLO...
210224
FY 22/23 COMMUNITY SERVICE GRANT
Grants & Economic Developm...
101-3001-60510
5,000.00
FRIENDS OF THE DESERT MOU...
210205
FY 22/23 COMMUNITY SERVICE GRANT
Grants & Economic Developm...
101-3001-60510
4,500.00
COACHELLA VALLEY VOLUNTE...
210194
FY 22/23 COMMUNITY SERVICE GRANT
Grants & Economic Developm...
101-3001-60510
5,000.00
COACHELLA VALLEY HORSE RE...
210193
FY 22/23 COMMUNITY SERVICE GRANT
Grants & Economic Developm...
101-3001-60510
4,500.00
FRONTIER COMMUNICATIONS...
210206
02/2023 - LQ PARK PHONE
Telephone - Utilities
101-3005-61300
49.09
FRONTIER COMMUNICATIONS...
210206
01/28-02/27/23 - SPORTS COMPLEX PHO...
Telephone - Utilities
101-3005-61300
53.12
BANK OF THE WEST
210183
01/6/23 - ROOF TILE FOR LQ PARK SALES ...
Sales Taxes Payable
101-0000-20304
-94.34
BANK OF THE WEST
210183
01/6/23 - ROOF TILE FOR LQ PARK
Materials/Supplies
101-3008-60431
1,172.54
BANK OF THE WEST
210183
1/1-12/31/23 - SESAC MUSIC LICENSE
Community Experiences
101-3003-60149
1,104.00
BANK OF THE WEST
210183
1/18/23 - OFFICE SUPPLIES
Office Supplies
101-1002-60400
114.64
BANK OF THE WEST
210183
1/6/23 - USB C ADAPTERS (2)
Operating Supplies
101-1002-60420
16.30
BANK OF THE WEST
210183
12/28/22 - RETURNED CITYWIDE COPY PA...
Citywide Supplies
101-1007-60403
-630.48
BANK OF THE WEST
210183
12/28/22 - CITYWIDE DISPOSABLE CUPS
Citywide Supplies
101-1007-60403
20.65
BANK OF THE WEST
210183
1/4/23 - (4) WALL CLOCKS, FLAG & FLAGP...
Operating Supplies
101-3002-60420
112.76
BANK OF THE WEST
210183
1/9/23 - RETURNED FLAGPOLE RINGS
Operating Supplies
101-3002-60420
-10.86
BANK OF THE WEST
210183
01/2023 - MAILCHIMP
Membership Dues
101-3007-60351
175.00
BANK OF THE WEST
210183
02/2023 - APPLE MUSIC/STORAGE
Membership Dues
101-3007-60351
22.95
BANK OF THE WEST
210183
1/23/23-SPACE HEATER
Materials/Supplies
101-3008-60431
26.09
BANK OF THE WEST
210183
1/5/23 - CITYWIDE DISPENSER HAND SANI...
Materials/Supplies
101-3008-60431
254.46
BANK OF THE WEST
210183
1/5/23 - CITYWIDE DISPENSER HAND SANI...
Materials/Supplies
101-3008-60431
742.68
BANK OF THE WEST
210183
01/2023 - DESERT SUN
Subscriptions & Publications
101-6001-60352
11.98
BANK OF THE WEST
210183
1/9/23 - CHAIR FOR CODE
Office Supplies
101-6004-60400
163.11
BANK OF THE WEST
210183
1/19/23-APANETWORKING NIGHT D.CA...
Travel&Training
101-6001-60320
10.00
BANK OF THE WEST
210183
01/19/23 - CV PLANNING LUNCHEON
Travel & Training
101-6001-60320
224.21
BANK OF THE WEST
210183
1/19/23-APANETWORKING NIGHT C.FLO...
Travel&Training
101-6002-60320
10.00
BANK OF THE WEST
210183
01/23/23 - BUILDING ICC MEMEBERSHIP
Membership Dues
101-6003-60351
348.00
BANK OF THE WEST
210183
01/23/23 - BUILDING ICC SUBSCRIPTION
Subscriptions & Publications
101-6003-60352
648.00
BANK OF THE WEST
210183
01/30/23 - CV DEPUTY/ASSISTANT CM LU...
Travel & Training
101-1002-60320
557.15
BANK OF THE WEST
210183
01/30/23 - SNACKS FOR STOCK FUTURE M...
Office Supplies
101-1002-60400
77.45
BANK OF THE WEST
210183
01/05/23 - DRINKS FOR IN HOUSE MEETI...
Office Supplies
101-1002-60400
26.55
BANK OF THE WEST
210183
01/30/23 - SNACKS FOR STOCK FUTURE M...
Office Supplies
101-1002-60400
22.06
BANK OF THE WEST
210183
12/30/22 - IMSA JOB POSTING TRAFFIC SI...
Recruiting/Pre-Employment
101-1004-60129
300.00
BANK OF THE WEST
210183
01/03/23 - LOBBY COFFEE MACHINE SERV...
Citywide Supplies
101-1007-60403
182.12
BANK OF THE WEST
210183
01/11/23 - BRAND REFRESH PROMO ITEMS
Promotional Items
101-3007-60134
1,185.87
BANK OF THE WEST
210183
01/11/23 -VIDEO PRODUCTION EQUIPM...
Operating Supplies
101-3007-60420
637.27
BANK OF THE WEST
210183
01/18/23 - PADFOLIOS FOR COUNCIL
Marketing & Tourism Promoti...
101-3007-60461
346.01
BANK OF THE WEST
210183
1/23/23 - ACRYLIC SHEETS (5) SALES TAX
Sales Taxes Payable
101-0000-20304
-6.56
BANK OF THE WEST
210183
1/20/23 - SNACKS & WATER FOR AMEX
LQ Police Volunteers
101-2001-60109
177.87
BANK OF THE WEST
210183
1/19/23 - DINNER FOR AMEX STAFF
LQ Police Volunteers
101-2001-60109
289.66
BANK OF THE WEST
210183
1/19/23 - DINNER FOR AMEX STAFF
LQ Police Volunteers
101-2001-60109
260.68
BANK OF THE WEST
210183
1/18/23 - MOBILE PRINTER
Disaster Prep Supplies
101-2002-60406
209.92
BANK OF THE WEST
210183
1/23/23 - ACRYLIC SHEETS (5)
Operating Supplies
101-3002-60420
81.51
BANK OF THE WEST
210183
1/16/23 - EASTER BASKET SUPPLIES
Community Experiences
101-3003-60149
4,844.95
BANK OF THE WEST
210183
1/19/23 - EASTER BASKET SUPPLIES
Community Experiences
101-3003-60149
1,853.54
BANK OF THE WEST
210183
1/3/23 - MUSIC LICENSE FOR SPECIAL EVE...
Community Experiences
101-3003-60149
402.93
BANK OF THE WEST
210183
2/1/23-1/31/24 REGISTRATION FEE XC345...
Annual Permits/Inspections
101-3008-60196
218.00
BANK OF THE WEST
210183
2/1/23-1/31/24 REGISTRATION FEE XC345...
Annual Permits/Inspections
101-3008-60196
218.00
BANK OF THE WEST
210183
2/1/23-1/31/24 REGISTRATION FEE XC172...
Annual Permits/Inspections
101-3008-60196
218.00
BANK OF THE WEST
210183
2/1/23-1/31/24 REGISTRATION FEE XC345...
Annual Permits/Inspections
101-3008-60196
218.00
BANK OF THE WEST
210183
01/17/23 - MARKET WATCH SEMINAR S.S...
Travel & Training
101-1001-60320
39.59
2/24/2023 1:08:58 PM
Page 2 of 7
58
Demand Register
Packet: APPKT03388 - 02/17/2023 JB
Vendor Name
Payment Number
Description (Item)
Account Name
Account Number
Amount
BANK OF THE WEST
210183
01/06/23 - SNACKS FOR COUNCIL MEETING
Travel & Training
101-1001-60320
25.74
BANK OF THE WEST
210183
01/17/23 - CITY COUNCIL DINNER
Travel & Training
101-1001-60320
148.99
BANK OF THE WEST
210183
01/13/23 - PROCLAMATION FRAMES
Operating Supplies
101-1001-60420
72.01
BANK OF THE WEST
210183
2023 MSA INLAND EMPIRE MEMBERSHIP
Membership Dues
101-7003-60351
90.00
BANK OF THE WEST
210183
01/26/23 - 2023 CCAC ANNUAL CONFERE...
Travel & Training
101-1005-60320
575.00
BANK OF THE WEST
210183
01/26/23 - 2023 CCAC ANNUAL CONFERE...
Travel & Training
101-1005-60320
500.00
BANK OF THE WEST
210183
01/12/23 - IIMC ANNUAL MEMBERSHIP M...
Membership Dues
101-1005-60351
225.00
BANK OF THE WEST
210183
01/06/23 - BATTERIES FOR MICROPHONES
Operating Supplies
101-1005-60420
54.31
COACHELLA VALLEY WATER DI...
210195
02/13/23 - WATER SERVICE
Water -Desert Pride - Utilities
101-3005-61206
80.17
COACHELLA VALLEY WATER DI...
210195
02/15/23 - WATER SERVICE
PM 10 - Dust Control
101-7006-60146
40.80
VINTAGE ASSOCIATES
210235
1/30/23 - FB PARK PLANTS
Materials/Supplies
101-3005-60431
672.64
RIVERSIDE COUNTY SHERIFF D...
210225
12/25/22-01/24/23 - MOTOR FUEL CHAR...
Sheriff - Other
101-2001-60176
690.66
RIVERSIDE COUNTY SHERIFF D...
210225
01/20-01/21/23 - LT OLSEN AMEX ASSIG...
Special Enforcement/City Spec...
101-2001-60165
2,744.59
Fund 101 - GENERAL FUND Total:
204,239.98
Fund: 201 - GAS TAX FUND
BANK OF THE WEST
210183
01/12/23 - CONCRETE ROTARY MIXER RE...
Materials/Supplies
201-7003-60431
271.53
BANK OF THE WEST
210183
01/30/23 - CONCRETE ROTARY MIXER RE...
Materials/Supplies
201-7003-60431
711.53
BANK OF THE WEST
210183
01/30/23 - CONCRETE ROTARY MIXER RE...
Materials/Supplies
201-7003-60431
-440.00
Fund 201 - GAS TAX FUND Total:
543.06
Fund: 202 - LIBRARY & MUSEUM FUND
COACHELLA VALLEY WATER DI...
210195
02/13/23 - WATER SERVICE
Water- Utilities
202-3006-61200
251.65
Fund 202 -
LIBRARY & MUSEUM FUND Total:
251.65
Fund: 215 - LIGHTING & LANDSCAPING FUND
DESERT CONCEPTS CONSTRUC...
210199
02/03/23 - IRRIGATION/SIDEWALK REPAIR...
Maintenance/Services
215-7004-60691
8,200.00
STAPLES ADVANTAGE
210229
01/19/23 - KN 95 MASKS
Operating Supplies
215-7004-60420
54.36
STAPLES ADVANTAGE
210229
01/21/23 - COFFEE SUPPLIES
Operating Supplies
215-7004-60420
202.46
STAPLES ADVANTAGE
210229
02/02/23 - PAPER PLATES & BOWLS
Operating Supplies
215-7004-60420
148.41
HIGH TECH IRRIGATION INC
210210
02/08/23 - IRRIGATION BUBBLERS (39)
Materials/Supplies
215-7004-60431
153.11
BANK OF THE WEST
210183
1/12/23 - BULK HAND SANITIZING WIPES
Operating Supplies
215-7004-60420
54.36
BANK OF THE WEST
210183
01/19/23 - IQ RAINBIRD TRAINING
Travel & Training
215-7004-60320
42.36
IMPERIAL IRRIGATION DIST
210211
02/13/23 - ELECTRICITY SERVICE
Electric - Utilities
215-7004-61116
132.68
IMPERIAL IRRIGATION DIST
210211
02/15/23 - ELECTRICITY SERVICE
Electric - Utilities
215-7004-61116
477.09
IMPERIAL IRRIGATION DIST
210211
02/15/23 - ELECTRICITY SERVICE
Electric - Medians - Utilities
215-7004-61117
24.68
COACHELLA VALLEY WATER DI...
210195
02/13/23 - WATER SERVICE
Water- Medians - Utilities
215-7004-61211
3,395.39
COACHELLA VALLEY WATER DI...
210195
02/15/23 - WATER SERVICE
Water- Medians - Utilities
215-7004-61211
832.49
VINTAGE ASSOCIATES
210235
2/6/23 - MADISON MEDIAN PLANTS
Materials/Supplies
215-7004-60431
1,885.63
DESERT ELECTRIC SUPPLY
210200
2/02/23 - LED LAMPS (4)
Materials/Supplies
215-7004-60431
251.98
DESERT ELECTRIC SUPPLY
210200
2/7/23 - LED LAMPS (7)
Materials/Supplies
215-7004-60431
458.27
Fund 215 - LIGHTING
& LANDSCAPING FUND Total:
16,313.27
Fund: 221 - AB 939 - CALRECYCLE FUND
BANK OF THE WEST
210183
01/18/23 - RECYCLING PROMO ITEMS
AB 939 Recycling Solutions
221-0000-60127
1,050.45
Fund 221 - AB 939 - CALRECYCLE FUND Total:
1,050.45
Fund: 226 - EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG)
BANK OF THE WEST
210183
1/13/23 - EOC PRINTERS (3)
Tools/Equipment
226-0000-60432
1,598.58
BANK OF THE WEST
210183
01/18/23 - EOC PRINTER
Tools/Equipment
226-0000-60432
532.86
BANK OF THE WEST
210183
1/18/23 - MOBILE PRINTER
Tools/Equipment
226-0000-60432
259.00
Fund 226 - EMERGENCY
MANAGEMENT PERFORMANCE GRANT (EMPG) Total:
2,390.44
Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS
NEXTECH SYSTEMS, INC.
210216
HERMANN DESIGN GROUP INC
210208
HERMANN DESIGN GROUP INC
210208
HERMANN DESIGN GROUP INC
210208
JACOBSSON ENGINEERING CO...
210212
JACOBSSON ENGINEERING CO...
210212
CONVERGINT TECHNOLOGIES ...
210196
URBAN HABITAT
210232
URBAN HABITAT
210232
URBAN HABITAT
210232
12/02/22 - LANE LIGHT CONCRETE KIT FOR..
Construction
12/2022 - MARBELLA/SIERRA DEL REY LA...
Design
12/2022 - DESERT PRIDE LANDSCAPE ARC...
Design
12/2022 - CACTUS FLOWER LANDSCAPE A...
Design
12/2022-01/2023 -JEFFERSON AVE 53 RO...
Retention Payable
12/2022-01/2023 - JEFFERSON AVE 53 RO...
Construction
O1/11/23 - CITYWIDE CAMERA SYSTEM M...
Construction
12/2022 - TOPAZ LANDSCAPE RENOVATI...
Retention Payable
12/2022 - TOPAZ LANDSCAPE RENOVATI...
Construction
12/2022 - X PARK LANDSCAPE PROGRESS ...
Retention Payable
401-0000-60188
15,361.81
401-0000-60185
157.50
401-0000-60185
457.50
401-0000-60185
13,548.00
401-0000-20600
-45,447.16
401-0000-60188
908,928.16
401-0000-60188
3,521.25
401-0000-20600
-702.01
401-0000-60188
28,931.88
401-0000-20600
-3,146.52
2/24/2023 1:08:58 PM
59
Page 3 of 7
Demand Register
Packet: APPKT03388 - 02/17/2023 JB
Vendor Name
Payment Number
Description (Item)
Account Name
Account Number
Amount
URBAN HABITAT
210232
12/2022 - X PARK LANDSCAPE PROGRESS ...
Construction
401-0000-60188
78,781.37
URBAN HABITAT
210232
01/2023 - LQ LANDSCAPE RENOVATION P...
Retention Payable
401-0000-20600
-18,984.65
URBAN HABITAT
210232
01/2023 - LQ LANDSCAPE RENOVATION P...
Construction
401-0000-60188
379,692.99
BANK OF THE WEST
210183
1/24/23 DUNE PALMS BRIDGE STORM W...
Construction
401-0000-60188
1,309.81
BANK OF THE WEST
210183
1/17/23 - HARD HATS (9)
Construction
401-0000-60188
158.04
BANK OF THE WEST
210183
01/11/23 - HARD HAT
Construction
401-0000-60188
17.93
Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total:
1,362,585.90
Fund: 501- FACILITY & FLEET REPLACEMENT
TOWER ENERGY GROUP
210230
01/01-01/15/23 - FUEL
Fuel & Oil
501-0000-60674
4,344.67
BANK OF THE WEST
210183
01/24/23 - OLD FIRE TRUCK WEIGHT
Vehicle Repair & Maintenance
501-0000-60676
13.00
BANK OF THE WEST
210183
01/24/23 - OLD FIRE TRUCK WEIGHT
Vehicle Repair & Maintenance
501-0000-60676
3.50
Fund 501- FACILITY & FLEET REPLACEMENT Total:
4,361.17
Fund: 502 - INFORMATION TECHNOLOGY
TYLER TECHNOLOGIES
210231
01/2023 - SOFTWARE SERVICES
Software Implementation/Enh...
502-0000-71049
16,280.00
CHARTER COMMUNICATIONS ...
210190
1/24-2/23/23 - WC CABLE (4601)
Cable/Internet - Utilities
502-0000-61400
289.63
DELL MARKETING LP
210198
01/10/23 - PURCHASE IT LAPTOPS (13)
Computers
502-0000-80103
12,522.07
CANON FINANCIAL SERVICES,...
210187
02/2023 CITY PRINTER 01/2023 METER U...
Copiers
502-0000-60662
2,975.07
RINCON CONSULTANTS, INC.
210223
01/2023 - GEOGRAPHIC INFORMATION SY...
Software Implementation/Enh...
502-0000-71049
9,787.75
ACORN TECHNOLOGY SERVICES
210181
02/2023 - IT SERVICES
Consultants
502-0000-60104
27,025.00
ACORN TECHNOLOGY SERVICES
210181
02/2023 - TRAFFIC SERVER MAINTENANCE
Consultants
502-0000-60104
965.00
ACORN TECHNOLOGY SERVICES
210181
02/01/23-SOFTWARE UPGRADES
Consultants
502-0000-60104
10,250.00
CDW GOVERNMENT INC
210189
11/14/22 - 2ND CIRCUIT UPGRADES
Machinery & Equipment
502-0000-80100
1,123.37
FRONTIER COMMUNICATIONS...
210206
1/25-02/24/23 - CH INTERNET
Cable/Internet - Utilities
502-0000-61400
100.09
FRONTIER COMMUNICATIONS...
210206
01/27-02/26/23 - BLACKHAWK/LQ PARK D...
Cable/Internet - Utilities
502-0000-61400
95.09
CDW GOVERNMENT INC
210189
7/2023-11/2023 - BITDEFENDER LICENSES..
Prepaid Expense
502-0000-13600
1,109.40
CDW GOVERNMENT INC
210189
11/2022-06/2023 - BITDEFENDER LICENSE...
Software Licenses
502-0000-60301
2,218.81
BANK OF THE WEST
210183
01/19/23 - INTERNET DOMAIN RENEWAL
Software Licenses
502-0000-60301
84.96
BANK OF THE WEST
210183
02/2023 - HULU SUBSCRIPTION
Cable/Internet - Utilities
502-0000-61400
74.99
BANK OF THE WEST
210183
01/04/23 - RETURN CAMERA FOR CONFER...
Operating Supplies
502-0000-60420
-65.24
BANK OF THE WEST
210183
01/6/23 - CAMERAS FOR CONFERENCE R...
Machinery & Equipment
502-0000-80100
2,281.58
CDW GOVERNMENT INC
210189
09/15/14 - CREDIT ON FILE FOR INV MH29...
Operating Supplies
502-0000-60420
-38.25
Fund 502 - INFORMATION TECHNOLOGY Total:
87,079.32
Grand Total: 1,678,815.24
2/24/2023 1:08:58 PM Page 4 of 7
Demand Register
Packet: APPKT03388 - 02/17/20231B
Fund Summary
Fund
101 - GENERAL FUND
201 - GAS TAX FUND
202 - LIBRARY & MUSEUM FUND
215 - LIGHTING & LANDSCAPING FUND
221 - AB 939 - CALRECYCLE FUND
226 - EMERGENCY MANAGEMENT PERFORMANCE GRANT (...
401 - CAPITAL IMPROVEMENT PROGRAMS
501 - FACILITY & FLEET REPLACEMENT
502 - INFORMATION TECHNOLOGY
Account Number
101-0000-20303
101-0000-20304
101-0000-43635
101-1001-60320
101-1001-60420
101-1002-60320
101-1002-60400
101-1002-60420
101-1004-50252
101-1004-60103
101-1004-60104
101-1004-60129
101-1004-60340
101-1005-60103
101-1005-60320
101-1005-60351
101-1005-60420
101-1007-60403
101-2001-60109
101-2001-60165
101-2001-60175
101-2001-60176
101-2001-61300
101-2002-60406
101-2002-61200
101-2002-61304
101-2002-61400
101-3001-60510
101-3002-60107
101-3002-60400
101-3002-60420
101-3003-60149
101-3005-60400
101-3005-60431
101-3005-60691
101-3005-61201
101-3005-61204
101-3005-61206
101-3005-61208
101-3005-61209
101-3005-61300
101-3007-60134
101-3007-60351
101-3007-60420
101-3007-60461
101-3008-60196
Grand Total
Account Summary
Account Name
TBID Due to VGPS
Sales Taxes Payable
VGPS TBID Admin Fee
Travel & Training
Operating Supplies
Travel & Training
Office Supplies
Operating Supplies
Annual Wellness Dollar Re...
Professional Services
Consultants/Employee Se...
Recruiting/Pre-Employme...
Employee Recognition Ev...
Professional Services
Travel & Training
Membership Dues
Operating Supplies
Citywide Supplies
LQ Police Volunteers
Special Enforcement/City...
Special Enforcement Funds
Sheriff - Other
Telephone - Utilities
Disaster Prep Supplies
Water - Utilities
Mobile/Cell Phones/Satell...
Cable/Internet - Utilities
Grants & Economic Devel...
Instructors
Office Supplies
Operating Supplies
Community Experiences
Office Supplies
Materials/Supplies
Maintenance/Services
Water -Monticello Park - ...
Water -Fritz Burns Park - ...
Water -Desert Pride - Utili...
Water -Seasons Park - Util...
Water -Community Park -...
Telephone - Utilities
Promotional Items
Membership Dues
Operating Supplies
Marketing & Tourism Pro...
Annual Permits/Inspectio...
Expense Amount
204,239.98
543.06
251.65
16,313.27
1,050.45
2,390.44
1,362,585.90
4,361.17
87,079.32
1,678,815.24
Expense Amount
126,596.18
-100.90
-6,329.80
214.32
72.01
557.15
305.99
16.30
537.88
1,200.00
510.00
300.00
1,780.09
4,464.00
1,075.00
225.00
70.81
-427.71
728.21
2,744.59
1,663.72
690.66
875.77
209.92
367.19
87.35
99.99
22,500.00
2,727.10
378.13
183.41
10,611.95
19.13
4,382.58
4,380.00
3,557.52
184.21
80.17
25.88
172.53
102.21
1,185.87
197.95
637.27
346.01
872.00
2/24/2023 1:08:58 PM
61
Page 5 of 7
Demand Register
Packet: APPKT03388 - 02/17/2023113
Account Summary
Account Number
Account Name
Expense Amount
101-3008-60431
Materials/Supplies
2,195.77
101-3008-60691
Maintenance/Services
4,200.00
101-3008-61200
Water -Utilities
96.01
101-6001-60320
Travel & Training
234.21
101-6001-60352
Subscriptions & Publicati...
11.98
101-6002-60320
Travel & Training
10.00
101-6003-60351
Membership Dues
348.00
101-6003-60352
Subscriptions & Publicati...
648.00
101-6004-60103
Professional Services
3,883.51
101-6004-60400
Office Supplies
234.37
101-6004-60690
Uniforms
568.02
101-6006-60420
Operating Supplies
38.68
101-7001-60400
Office Supplies
122.99
101-7001-60420
Operating Supplies
20.00
101-7002-60183
Map/Plan Checking
420.00
101-7003-60351
Membership Dues
90.00
101-7006-60146
PM 10 - Dust Control
40.80
201-7003-60431
Materials/Supplies
543.06
202-3006-61200
Water -Utilities
251.65
215-7004-60320
Travel & Training
42.36
215-7004-60420
Operating Supplies
459.59
215-7004-60431
Materials/Supplies
2,748.99
215-7004-60691
Maintenance/Services
8,200.00
215-7004-61116
Electric - Utilities
609.77
215-7004-61117
Electric - Medians - Utiliti...
24.68
215-7004-61211
Water - Medians - Utilities
4,227.88
221-0000-60127
AB 939 Recycling Solutions
1,050.45
226-0000-60432
Tools/Equipment
2,390.44
401-0000-20600
Retention Payable
-68,280.34
401-0000-60185
Design
14,163.00
401-0000-60188
Construction
1,416,703.24
501-0000-60674
Fuel & Oil
4,344.67
501-0000-60676
Vehicle Repair & Mainte...
16.50
502-0000-13600
Prepaid Expense
1,109.40
502-0000-60104
Consultants
38,240.00
502-0000-60301
Software Licenses
2,303.77
502-0000-60420
Operating Supplies
-103.49
502-0000-60662
Copiers
2,975.07
502-0000-61400
Cable/Internet - Utilities
559.80
502-0000-71049
Software Implementation...
26,067.75
502-0000-80100
Machinery & Equipment
3,404.95
502-0000-80103
Computers
12,522.07
Grand Total:
1,678,815.24
Project Account Summary
Project Account
Key
Project Account Name
Project Name
Expense Amount
**None**
**None**
**None**
281,678.02
111205CT
Construction Expense
Dune Palms Bridge Imp/BRLKS-543
1,485.78
201603CT
Construction Expense
La Quinta Landscape Renovation Ir
487,406.24
201603D
Design Expense
La Quinta Landscape Renovation Ir
14,163.00
201603RP
Retention Payable
La Quinta Landscape Renovation Ir
-22,833.18
201709CT
Construction Expense
Ave 53 Jefferson St.Roundabout
908,928.16
201709RP
Retention Payable
Ave 53 Jefferson St.Roundabout
-45,447.16
201804E
Landscape & Lighting Median Island ...
Landscape & Lighting Median Islan
1,885.63
202003CT
Construction Expense
Citywide Public Safety Camera Sysl
3,521.25
202216E
General PW Maint - Desert Concepts
General PW Maintenance - Desert
12,400.00
2223TMICT
Construction Expense
FY22/23 Traffic Maintenance Impr,
15,361.81
AMEXE
American Express Misc Expenses
American Express Golf Tournamen
728.21
2/24/2023 1:08:58 PM
62
Page 6 of 7
Demand Register Packet: APPKT03388 - 02/17/2023 JIB
Project Account Summary
Project Account Key
Project Account Name
Project Name
Expense Amount
AMEXPOL
Amex Golf Expense - Police
American Express Golf Tournamen
2,744.59
CORONANR
Corona Non Reimbursable
Corona Virus Emergency Response
54.36
EGGE
La Quinta Egg Hunt Expense
La Quinta Egg Hunt
6,698.49
STVRE
Short Term Vacation Rental Expense
Short Term Vacation Rental Trackit
7,633.51
TREEE
Tree Lighting Ceremony Expense
Tree Lighting Ceremony
2,406.53
Grand Total:
1,678,815.24
*Project codes are generally used to track Capital Improvement Program (CIP) projects, other large public works projects, developer deposits, or city-wide
events. Normal operational expenditures are not project coded and, therefore, will report as "none" in this section.
2/24/2023 1:08:58 PM
63
Page 7 of 7
4�& City of La Quinta
CALM :M -
Demand Register
Packet: APPKT03398 - 02/24/2023 JB
Vendor Name
Payment Number
Description (Item)
Account Name
Account Number
Amount
Fund: 101- GENERAL FUND
DESERT SUN PUBLISHING, LLC
210248
01/13/23 - PHN VAR 2022-0001 PUBLICAT...
Advertising
101-6002-60450
434.28
VINTAGE E & S INC
210282
02/07/23 - INSTALL EV CHARGING STATIC,...
Maintenance/Services
101-3008-60691
964.41
VINTAGE E & S INC
210282
2/2/23 - WC ELECTRICAL SERVICE CALL
Maintenance/Services
101-3008-60691
911.70
VINTAGE E & S INC
210282
2/2/23 - INSTALL POWER/JUNCTION BOXE...
Maintenance/Services
101-3008-60691
1,157.87
TRI-STATE MATERIALS INC
210278
02/06/23 - LANDSCAPE ROCK & D.G
Materials/Supplies
101-3005-60431
2,303.56
TRI-STATE MATERIALS INC
210278
02/03/23 - LANDSCAPE D.G
Materials/Supplies
101-3005-60431
1,182.98
SPARKLETTS
210273
1/25/23 & 02/08/23 - CITYWIDE DRINKING..
Citywide Supplies
101-1007-60403
215.22
ULINE
210279
1/31/23 - FLAMMABLE STORAGE CABINET
Tools/Equipment
101-7003-60432
2,254.14
ULINE
210279
01/31/23 - WELDED WORK BENCH
Tools/Equipment
101-7003-60432
912.05
NAI CONSULTING INC
210261
01/2023 - LIBRARY PARCELS APNS-UTILITY
Professional Services
101-1002-60103
2,312.50
NAI CONSULTING INC
210261
01/2023 - CAPITAL IMPROVEMENT PLAN
Consultants
101-7006-60104
175.00
DESERT CONCRETE BORDERS ...
210247
02/06/23 - INSTALL CONCRETE CURB AT L...
Maintenance/Services
101-3005-60691
5,123.00
VINTAGE ASSOCIATES
210281
02/2023 - PARK MAINTENANCE
Landscape Contract
101-3005-60112
60,804.00
VINTAGE ASSOCIATES
210281
2/17/23 - 4 WIRE DECODER FOR EVENT P...
Materials/Supplies
101-3005-60431
445.00
ANSAFONE CONTACT CENTERS
210240
1/16-02/12/23 - PM 10 ANSWERING SERV...
PM 10 - Dust Control
101-7006-60146
152.89
USA DRAIN AND PLUMBING ...
210280
02/03/23 - CH LOBBY RESTROOM REPAIRS
Maintenance/Services
101-3008-60691
590.00
ROBERT HALF
210270
02/03/23 - TEMP AGENCY SERVICES T.SU...
Temporary Agency Services
101-6006-60125
1,095.64
ROBERT HALF
210270
02/03/23 - TEMP AGENCY SERVICES C.HIC...
Temporary Agency Services
101-2002-60125
1,328.64
ROBERT HALF
210270
02/10/23 - TEMP AGENCY SERVICS T.SUD...
Temporary Agency Services
101-6006-60125
1,085.11
ROBERT HALF
210270
02/10/23 - TEMP AGENCY SERVICES C.HIC...
Temporary Agency Services
101-2002-60125
1,660.80
DEPARTMENT OF JUSTICE
210246
01/2023 - LIVE SCAN FINGERPRINTING
Recruiting/Pre-Employment
101-1004-60129
64.00
ALPHA MEDIA LLC
210239
12/2022 - IRONMAN RAIDO SPONSORSHIP..
Community Experiences
101-3003-60149
2,171.84
ALPHA MEDIA LLC
210239
12/2022 - IRONMAN DIGITAL BANNERS
Community Experiences
101-3003-60149
275.00
LEAGUE OF CALIFORNIA CITIES
210258
7/1-12/31/23 LEAGUE OF CALIFORNIA CIT...
Prepaid Expense
101-0000-13600
6,974.50
LEAGUE OF CALIFORNIA CITIES
210258
1/1-6/30/23 LEAGUE OF CALIFORNIA CITIE..,
Membership Dues
101-1002-60351
6,974.50
MERCHANTS BUILDINGMAINT...
210260
01/2023- JANITORIAL SERVICES
Janitorial
101-3008-60115
13,863.78
VINTAGE E & S INC
210282
11/19/22 FLOOD LIGHT REPLACEMENT AT...
Maintenance/Services
101-3005-60691
6,562.00
VINTAGE E & S INC
210282
12/4/22 -TEMPORARY POWER FOR X-MAS..
Maintenance/Services
101-3005-60691
644.30
THE SHERWIN-WILLIAMS CO.
210275
02/06/23 - PAINT FOR WC
Materials/Supplies
101-3008-60431
208.45
FEDEX
210251
2/1/23 & 2/3/23 - OVERNIGHT MAIL
Postage
101-1007-60470
57.65
PATTON DOOR & GATE
210266
2/2/23 - PW YARD GATE REPAIRS
Maintenance/Services
101-3008-60691
302.95
PATTON DOOR & GATE
210266
2/7/23 - PW YARD GATE REPAIRS
Maintenance/Services
101-3008-60691
300.00
PWLC II, INC
210267
02/2023 - L&L MONTHLY MAINTENANCE
Landscape Contract
101-2002-60112
1,510.00
THE LOCK SHOP, INC
210274
02/01/23 - KEYS AND KEYLESS ENTRY PAD ...
Materials/Supplies
101-3008-60431
180.91
THE LOCK SHOP, INC
210274
2/6/23 - ENTRY LEVER FOR COVE RESTRO...
Materials/Supplies
101-3008-60431
210.11
THE LOCK SHOP, INC
210274
02/08/23 - ENTRY LEVER FOR COVE REST...
Materials/Supplies
101-3008-60431
1,135.43
BURRTEC WASTE & RECYCLING..
210241
FY 21/22 PROPERTY TAX PAYMENT SS4
Due to Waste Management
101-0000-20307
57,459.65
BURRTEC WASTE & RECYCLING..
210241
FY 21/22 PROPERTY TAX PAYMENT SS4
Franchise Taxes - Burrtec
101-0000-41505
-5,716.92
BURRTEC WASTE & RECYCLING..
210241
FY 22/23 PROPERTY TAX PAYMENT SS1
Due to Waste Management
101-0000-20307
3,055,844.97
BURRTEC WASTE & RECYCLING..
210241
FY 22/23 PROPERTY TAX PAYMENT SS1
Franchise Taxes - Burrtec
101-0000-41505
-304,227.00
MCGARREY, DEBORAH
210259
01/31-02/03/23 -TRAVEL EXPENSE REIMB...
Travel & Training
101-1001-60320
288.15
NELSON, JENNIFER
210262
2023 COMMUNITY WORKSHOP FOOD RE...
Travel & Training
101-1001-60320
199.54
PACIFIC WEST AIR CONDITION...
210265
2/1/23 - CH WATER TREATMENT
HVAC
101-3008-60667
125.00
RIVERSIDE ASSESSOR
210269
01/2023 - RECORDING FEES
Technical
101-6004-60108
20.00
OCEAN SPRINGS TECH INC
210263
02/2023 - LQ SPLASH PAD MAINTENANCE
LQ Park Water Feature
101-3005-60554
843.00
COUNTY OF RIVERSIDE PUBLIC...
210244
01/2023 - RADIO MAINTENANCE
Operating Supplies
101-2001-60420
310.68
TOLL BROS., INC.
210276
02/7/23 - REFUND FOR SMI FEE BRES2022...
SMIP Fees Payable
101-0000-20308
55.38
GALLAUDET CONSTRUCTION
210255
02/8/23 - REFUND FOR OVERPAYMENT B...
Over Payments, AR Policy
101-0000-20330
18.00
SMITH, STEVE
210272
2/10/23 - REFUND BUILDING PERMIT FEE ...
Over Payments, AR Policy
101-0000-20330
80.00
WALTERS WHOLESALE ELECTR...
210283
02/03/23 - BANNER CABLE ZIP TIES
Operating Supplies
101-7003-60420
136.71
QUINN COMPANY
210268
02/03/23 - CH GENERATOR MAINTENANCE
Machinery & Equipment
101-2002-80101
524.28
QUINN COMPANY
210268
02/03/23 - WC GENERATOR MAITENANCE
Machinery & Equipment
101-2002-80101
524.28
QUINN COMPANY
210268
02/03/23 - FS #32 GENERATOR MAINTEN...
Machinery & Equipment
101-2002-80101
524.28
2/24/2023 1:06:54 PM
Page 1 of 5
64
Demand Register
Vendor Name
Payment Number
Description (Item)
Account Name
QUINN COMPANY
210268
02/03/23 - YMCA GENERATOR MAINTEN...
Machinery & Equipment
QUINN COMPANY
210268
02/03/23 - FS #93 GENERATOR MAINTEN...
Machinery & Equipment
QUINN COMPANY
210268
02/06/23 - CH GENERATOR MAINTENANCE
Machinery & Equipment
QUINN COMPANY
210268
2/8/23 - WC GENERATOR BLOCK HEATER ...
Machinery & Equipment
Fund: 201 - GAS TAX FUND
TOPS' N BARRICADES INC 210277
TOPS' N BARRICADES INC 210277
TOPS' N BARRICADES INC 210277
Fund: 202 - LIBRARY & MUSEUM FUND
ALARM MONITORING SERVICE... 210238
KONE INC
210257
VINTAGE ASSOCIATES
210281
VINTAGE ASSOCIATES
210281
MERCHANTS BUILDING MAINT...
210260
MERCHANTS BUILDING MAINT...
210260
PACIFIC WEST AIR CONDITION...
210265
Fund: 215 - LIGHTING & LANDSCAPING FUND
TRI-STATE MATERIALS INC
210278
VINTAGE ASSOCIATES
210281
CREATIVE LIGHTING & ELECTR...
210245
SMITH PIPE &SUPPLY CO
210271
SMITH PIPE &SUPPLY CO
210271
PWLC II, INC
210267
PWLC II, INC
210267
PWLC II, INC
210267
PWLC II, INC
210267
FRONTIER COMMUNICATIONS...
210253
VINTAGE ASSOCIATES
210281
VINTAGE ASSOCIATES
210281
Fund: 221 - AB 939 - CALRECYCLE FUND
BURRTEC WASTE & RECYCLING.. 210241
BURRTEC WASTE & RECYCLING.. 210241
Fund: 241 - HOUSING AUTHORITY
RIVERSIDE ASSESSOR 210269
Fund: 250 - TRANSPORTATION DIF FUND
WPG LA QUINTA,LLC 210284
Fund: 251 - PARKS & REC DIF FUND
WPG LA QUINTA,LLC 210284
Fund: 252 - CIVIC CENTER DIF FUND
WPG LA QUINTA,LLC 210284
Fund: 254 - COMMUNITY & CULTURAL CENTERS DIF
WPG LA QUINTA,LLC 210284
Fund: 259 - MAINTENANCE FACILITIES DIF FUND
WPG LA QUINTA,LLC 210284
Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS
NAI CONSULTING INC 210261
2/24/2023 1:06:54 PM
1/31/23 - TRAFFIC CONTROL SIGNS Traffic Control Signs
01/31/23 - TRAFFIC CONTROL SIGNS Traffic Control Signs
02/10/23 - PAINT STRIPING & GLASS BEADS Paint/Legends
02/13/23 - INSTALL ALARM KEYPAD AT L...
1/21/23 - MUSEUM ELEVATOR REPAIRS
02/2023 - PARK MAINTENANCE
02/2023 - PARK MAINTENANCE
01/2023 -JANITORIAL SERVICES
01/2023 -JANITORIAL SERVICES
2/1/23 - LIBRARY WATER TREATMENT
Packet: APPKT03398 - 02/24/2023 JB
Account Number Amount
101-2002-80101
524.28
101-2002-80101
524.28
101-2002-80101
524.28
101-2002-80101
2,573.27
Fund 101 - GENERAL FUND Total:
2,937,700.32
201-7003-60429
201-7003-60429
201-7003-60433
Fund 201- GAS TAX FUND Total:
Security & Alarm
202-3006-60123
Maintenance/Services
202-3006-60691
Landscape Contract
202-3004-60112
Landscape Contract
202-3006-60112
Janitorial
202-3004-60115
Janitorial
202-3006-60115
HVAC
202-3004-60667
Fund 202 - LIBRARY & MUSEUM FUND Total:
180.53
45.13
449.57
675.23
239.25
804.60
869.00
181.00
2,844.14
885.93
125.00
5,948.92
02/03/23 - LANDSCAPE D.G
Materials/Supplies
215-7004-60431
1,201.74
02/2023 - PARK MAINTENANCE
Landscape Contract
215-7004-60112
11,331.00
02/2023 - LIGHTING MAINTENANCE SERVI...
Consultants
215-7004-60104
6,063.92
01/25/23 - IRRIGATION PARTS FOR MADI...
Materials/Supplies
215-7004-60431
40.92
01/26/23 - IRRIGATION RISERS FOR MADI...
Materials/Supplies
215-7004-60431
112.88
02/2023 - L&L MONTHLY MAINTENANCE
Landscape Contract
215-7004-60112
58,574.00
1/30-2/3/23 - PLANT & TREE REPLACEME...
Maintenance/Services
215-7004-60691
4,256.00
2/06-2/10/23 - MADISON MEDIAN LANDS...
Maintenance/Services
215-7004-60691
4,104.00
02/17/23 - PLANT INSTALL AT AVE 52
Maintenance/Services
215-7004-60691
360.00
02/07-03/06/23 - PHONE SVC
Electric - Utilities
215-7004-61116
132.22
02/07/23 - PLANTS FOR MADISON MEDIAN
Materials/Supplies
215-7004-60431
1,616.25
02/08/23 - PLANTS FOR MADISON MEDIAN
Materials/Supplies
215-7004-60431
1,212.19
Fund 215 - LIGHTING & LANDSCAPING FUND Total:
89,005.12
FY 21/22 PROPERTY TAX PAYMENT SS4
Burrtec AB 939 Fee
221-0000-41506
-290.47
FY 22/23 PROPERTY TAX PAYMENT SS1
Burrtec AB 939 Fee
221-0000-41506
-13,574.92
Fund 221 - AB 939 - CALRECYCLE FUND Total:
-13,865.39
01/2023 - RECORDING FEES
Professional Services
241-9101-60103
302.00
Fund 241- HOUSING AUTHORITY Total:
302.00
01/10/23 - DIF OVERPAYMENT REFUND B...
Developer Fees
250-0000-43200
5,830.00
Fund 250 - TRANSPORTATION DIF FUND Total:
5,830.00
01/10/23 - DIF OVERPAYMENT REFUND B...
Developer Fees
251-0000-43200
290.00
Fund 251 - PARKS & REC DIF FUND Total:
290.00
01/10/23 - DIF OVERPAYMENT REFUND B...
Developer Fees
252-0000-43200
1,440.00
Fund 252 - CIVIC CENTER DIF FUND Total:
1,440.00
01/10/23 - DIF OVERPAYMENT REFUND B...
Developer Fees
254-0000-43200
4,130.00
Fund 254 - COMMUNITY & CULTURAL CENTERS DIF Total:
4,130.00
01/10/23 - DIF OVERPAYMENT REFUND B... Developer Fees 259-0000-43200
Fund 259 - MAINTENANCE FACILITIES DIF FUND Total:
01/2023 - MOON RIVER DRIVE PAVEMENT... Professional Services 401-0000-60103
780.00
780.00
525.00
Page 2 of 5
65
Demand Register
Vendor Name Payment Number Description (Item)
NAI CONSULTING INC
210261
NAI CONSULTING INC
210261
NAI CONSULTING INC
210261
NAI CONSULTING INC
210261
NAI CONSULTING INC
210261
NAI CONSULTING INC
210261
NAI CONSULTING INC
210261
NAI CONSULTING INC
210261
NAI CONSULTING INC
210261
NAI CONSULTING INC
210261
NAI CONSULTING INC
210261
NAI CONSULTING INC
210261
NAI CONSULTING INC
210261
NAI CONSULTING INC
210261
NAI CONSULTING INC
210261
NAI CONSULTING INC
210261
NAI CONSULTING INC
210261
NAI CONSULTING INC
210261
CONVERGINT TECHNOLOGIES ...
210243
THE LOCK SHOP. INC
210274
Fund: 501- FACILITY & FLEET REPLACEMENT
DUNN-EDWARDS CORPORATI...
210249
HWY 111 LA QUINTA CAR WA...
210256
THE LOCK SHOP, INC
210274
ENTERPRISE FM TRUST
210250
PACIFIC MOBILE STRUCTURES, ..
210264
FUELMAN
210254
Fund: 502 - INFORMATION TECHNOLOGY
CHARTER COMMUNICATIONS ...
210242
CHARTER COMMUNICATIONS ...
210242
CHARTER COMMUNICATIONS ...
210242
FISHER INTEGRATED INC
210252
FISHER INTEGRATED INC
210252
FRONTIER COMMUNICATIONS...
210253
FRONTIER COMMUNICATIONS...
210253
Fund: 601- SILVERROCK RESORT
VINTAGE E & S INC 210282
Packet: APPKT03398 - 02/24/2023 JB
Account Name Account Number Amount
01/2023 - CITYWIDE MISC ADA IMPROVE...
Professional Services
401-0000-60103
187.50
01/2023 - AVE 52 PAVEMENT REHAB MAD...
Professional Services
401-0000-60103
1,925.00
01/2023 - 2021-08 SLURRY SEAL PROJECT
Professional Services
401-0000-60103
2,135.00
01/2023 - 2016-03 LANDSCAPE RENOVAT...
Professional Services
401-0000-60103
6,237.50
01/2023 - LA QUINTA X PARK
Professional Services
401-0000-60103
525.00
01/2023 - 2011-05 DUNE PALMS BRIDGE
Professional Services
401-0000-60103
6,532.50
01/2023 - BLACKHAWK WAY SCHOOL CRO...
Professional Services
401-0000-60103
875.00
01/2023 - 2021-01 DUNE PALMS ROAD P...
Professional Services
401-0000-60103
75.00
01/2023 - CITYWIDE STRIPING REFRESH
Professional Services
401-0000-60103
2,380.00
01/2023 - JEFFERSON ST SLURRY SEAL IM...
Professional Services
401-0000-60103
1,575.00
01/2023 - AVE 50 BRIDGE SPANNING THE ...
Professional Services
401-0000-60103
350.00
01/2023-JEFFERSONSTATAVE 53ROUN...
Professional Services
401-0000-60103
562.50
01/2023 - WASHINGTON ST AT AVE 50/CA...
Professional Services
401-0000-60103
700.00
01/2023 - AVE 50 REHAB WASH ST TO EIS...
Professional Services
401-0000-60103
1,612.50
01/2023 - AVE 48 ART AND MUSIC LINE
Professional Services
401-0000-60103
175.00
01/2023 - CITYWIDE MISC ADA IMPROVE...
Professional Services
401-0000-60103
12,815.00
01/2023 - 2019-05 HIGHWAY 111 CORRID...
Professional Services
401-0000-60103
700.00
01/2023 - SPORTS COMPLEX LIGHTING RE...
Professional Services
401-0000-60103
350.00
02/10/23 - CITYWIDE CAMERA SYSTEM M...
Construction
401-0000-60188
3,521.25
2/17/23 - PADLOCK FOR CABINET LOCK
Construction
401-0000-60188
490.82
Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total:
44,249.57
02/01/23 - PAINT FOR CH PARKING STRUC...
City Bldg Repl/Repair
501-0000-71103
1,509.68
01/2023 - CAR WASH SERVICES
Vehicle Repair & Maintenance
501-0000-60676
12.00
01/30/23 - KEYS FOR VEHICLE VIN #H1266...
Vehicle Repair & Maintenance
501-0000-60676
391.80
02/2023 - FLEET LEASES
Vehicles, Rentals & Leases
501-0000-71030
5,685.34
03/2023 - PW TRAILER RENTAL
Building Leases
501-0000-71032
3,088.51
01/2023 - FUEL
Fuel & Oil
501-0000-60674
743.33
Fund 501 - FACILITY
& FLEET REPLACEMENT Total:
11,430.66
02/2023 - CH CABLE (4625)
Cable/Internet - Utilities
502-0000-61400
175.81
02/10-03/09/23 - CH INTERNET (2546)
Cable/Internet - Utilities
502-0000-61400
2,079.00
02/12-03/11/23 - CITY YARD CABLE (4080)
Cable/Internet - Utilities
502-0000-61400
81.77
01/2023 - CC VIDEO STREAMING
Consultants
502-0000-60104
300.00
01/2023 - MONTHLY FEE
Consultants
502-0000-60104
1,100.00
02/03-03/02/23 - 2ND CITY INTERNET LINE
Cable/Internet - Utilities
502-0000-61400
1,208.26
02/04-03/03/23 - DSL SVC
Cable/Internet - Utilities
502-0000-61400
350.62
Fund 502 - INFORMATION TECHNOLOGY Total:
5,295.46
11/15-12/19/22 - REPLACED 12KV FUSE AT..
Repair & Maintenance
601-0000-60660
6,571.88
Fund
601 - SILVERROCK RESORT Total:
6,571.88
Grand Total: 3,099,783.77
2/24/2023 1:06:54 PM
Page 3 of 5
Demand Register
Packet: APPKT03398 - 02/24/20231B
Fund Summary
Fund
Expense Amount
101 - GENERAL FUND
2,937,700.32
201 - GAS TAX FUND
675.23
202 - LIBRARY & MUSEUM FUND
5,948.92
215 - LIGHTING & LANDSCAPING FUND
89,005.12
221 - AB 939 - CALRECYCLE FUND
-13,865.39
241 - HOUSING AUTHORITY
302.00
250-TRANSPORTATION DIF FUND
5,830.00
251 - PARKS & REC DIF FUND
290.00
252 - CIVIC CENTER DIF FUND
1,440.00
254 - COMMUNITY & CULTURAL CENTERS DIF
4,130.00
259 - MAINTENANCE FACILITIES DIF FUND
780.00
401 - CAPITAL IMPROVEMENT PROGRAMS
44,249.57
501 - FACILITY & FLEET REPLACEMENT
11,430.66
502 - INFORMATION TECHNOLOGY
5,295.46
601 - SILVERROCK RESORT
6,571.88
Grand Total:
3,099,783.77
Account Summary
Account Number
Account Name
Expense Amount
101-0000-13600
Prepaid Expense
6,974.50
101-0000-20307
Due to Waste Manageme...
3,113,304.62
101-0000-20308
SMIP Fees Payable
55.38
101-0000-20330
Over Payments, AR Policy
98.00
101-0000-41505
Franchise Taxes - Burrtec
-309,943.92
101-1001-60320
Travel & Training
487.69
101-1002-60103
Professional Services
2,312.50
101-1002-60351
Membership Dues
6,974.50
101-1004-60129
Recruiting/Pre-Employme...
64.00
101-1007-60403
Citywide Supplies
215.22
101-1007-60470
Postage
57.65
101-2001-60420
Operating Supplies
310.68
101-2002-60112
Landscape Contract
1,510.00
101-2002-60125
Temporary Agency Servic...
2,989.44
101-2002-80101
Machinery & Equipment
5,718.95
101-3003-60149
Community Experiences
2,446.84
101-3005-60112
Landscape Contract
60,804.00
101-3005-60431
Materials/Supplies
3,931.54
101-3005-60554
LQ Park Water Feature
843.00
101-3005-60691
Maintenance/Services
12,329.30
101-3008-60115
Janitorial
13,863.78
101-3008-60431
Materials/Supplies
1,734.90
101-3008-60667
HVAC
125.00
101-3008-60691
Maintenance/Services
4,226.93
101-6002-60450
Advertising
434.28
101-6004-60108
Technical
20.00
101-6006-60125
Temporary Agency Servic...
2,180.75
101-7003-60420
Operating Supplies
136.71
101-7003-60432
Tools/Equipment
3,166.19
101-7006-60104
Consultants
175.00
101-7006-60146
PM 10 - Dust Control
152.89
201-7003-60429
Traffic Control Signs
225.66
201-7003-60433
Paint/Legends
449.57
202-3004-60112
Landscape Contract
869.00
202-3004-60115
Janitorial
2,844.14
202-3004-60667
HVAC
125.00
202-3006-60112
Landscape Contract
181.00
202-3006-60115
Janitorial
885.93
202-3006-60123
Security & Alarm
239.25
202-3006-60691
Maintenance/Services
804.60
2/24/2023 1:06:54 PM
67
Page 4 of 5
Demand Register
Packet: APPKT03398 - 02/24/2023113
Account Summary
Account Number
Account Name
Expense Amount
215-7004-60104
Consultants
6,063.92
215-7004-60112
Landscape Contract
69,905.00
215-7004-60431
Materials/Supplies
4,183.98
215-7004-60691
Maintenance/Services
8,720.00
215-7004-61116
Electric - Utilities
132.22
221-0000-41506
Burrtec AB 939 Fee
-13,865.39
241-9101-60103
Professional Services
302.00
250-0000-43200
Developer Fees
5,830.00
251-0000-43200
Developer Fees
290.00
252-0000-43200
Developer Fees
1,440.00
254-0000-43200
Developer Fees
4,130.00
259-0000-43200
Developer Fees
780.00
401-0000-60103
Professional Services
40,237.50
401-0000-60188
Construction
4,012.07
501-0000-60674
Fuel & Oil
743.33
501-0000-60676
Vehicle Repair & Mainte...
403.80
501-0000-71030
Vehicles, Rentals & Leases
5,685.34
501-0000-71032
Building Leases
3,088.51
501-0000-71103
City Bldg Repl/Repair
1,509.68
502-0000-60104
Consultants
1,400.00
502-0000-61400
Cable/Internet - Utilities
3,895.46
601-0000-60660
Repair & Maintenance
6,571.88
Grand Total:
3,099,783.77
Project Account Summary
Project Account
Key
Project Account Name
Project Name
Expense Amount
**None**
**None**
**None**
3,041,538.92
111205P
Professional Expense
Dune Palms Bridge Imp/BRLKS-543
6,532.50
151609P
Professional Expense
La Quinta X Park
525.00
201603P
Professional Expense
La Quinta Landscape Renovation Ir
6,237.50
201709P
Professional Expense
Ave 53 Jefferson St.Roundabout
562.50
201804E
Landscape & Lighting Median Island ...
Landscape & Lighting Median Islan
11,188.44
201902P
Professional Expense
Avenue 50 Bridge Spanning the Ew
350.00
201905P
Professional Expense
Highway 111 Corridor Area Plan Irr
700.00
201923P
Professional Expense
Washington St at Ave 50/Calle Tarr
700.00
202003CT
Construction Expense
Citywide Public Safety Camera Sysi
3,521.25
202008P
Professional Expense
Avenue 48 Art and Music Line Proj
175.00
202101P
Professional Expense
Dune Palms Rd Pavement Rehab-F
75.00
202103P
Professional Expense
Citywide Miscellaneous ADA Imprc
187.50
202104P
Professional Expense
Citywide Striping Refresh
2,380.00
202108P
Professional Expense
FY 21/22 PMP Slurry Seal Improves
2,135.00
202117P
Professional Expense
Jefferson Street Slurry Seal Improv
1,575.00
202201P
Professional Expense
Avenue 50 Pavement Rehab (Was[
1,612.50
202204P
Professional Expense
Sports Complex Lighting Replacem
350.00
202208P
Professional Expense
Citywide Miscellaneous ADA Imprc
12,815.00
202210P
Professional Expense
Moon River Drive Pavement Reha[
525.00
202214P
Professional Expense
Avenue 52 Pavement Rehabilitatio
1,925.00
202215E
Landscape Maintenance Refurbishm...
Landscape Maint Refurbishment-P
360.00
202222P
Professional Expense
Blackhawk Way School Crossing
875.00
2223TMICT
Construction Expense
FY22/23 Traffic Maintenance Impr,
490.82
IRONE
Ironman Expense
Ironman Event
2,446.84
Grand Total:
3,099,783.77
*Project codes are generally used to track Capital Improvement Program (CIP) projects, other large public works projects, developer deposits,
or city-wide events. Normal operational expenditures are not project coded and, therefore, will report as "none" in this section.
2/24/2023 1:06:54 PM
Page 5 of 5
ATTACHMENT 2
City of La Quinta
Bank Transactions 2/13/2023 — 2/24/2023
Wire Transaction
Listed below are the wire transfers from 2/13/2023— 2/24/2023.
Wire Transfers:
02/17/2023 - WIRE TRANSFER - CALPERS
02/17/2023 - WIRE TRANSFER - CALPERS
02/17/2023 - WIRE TRANSFER - CALPERS
02/17/2023 - WIRE TRANSFER - LQCEA
02/17/2023 - WIRE TRANSFER -
MISSION SQUARE
02/21/2023 - WIRE TRANSFER -
COLONIAL LIFE INSURANCE
02/21/2023 - WIRE TRANSFER -
US BANK TRUST
02/22/2023 - WIRE TRANSFER -
STERLING HEALTH
02/22/2023 - WIRE TRANSFER -
LANDMARK
02/22/2023 - WIRE TRANSFER -
J&H ASSET PROPERTY MGMT
02/22/2023 - WIRE TRANSFER -
J&H ASSET PROPERTY MGMT
TOTAL WIRE TRANSFERS OUT
$5,242.46
$14,383.57
$25,822.36
$504.00
$6,087.28
$8,312.50
$1,740,815.14
$6,299.88
$248,575.81
$40,578.85
$14,225.00
$2,110,846.85
.•
70
STUDY SESSION ITEM NO. 1
City of La Quinta
CITY COUNCIL MEETING: March 7, 2023
STAFF REPORT
AGENDA TITLE: DISCUSS CONVERTING RIVERSIDE COUNTY SHERIFF'S
DEPARTMENT TRAFFIC CAR OFFICER POSITION TO A MOTOR OFFICER
POSITION
RECOMMENDATION
Discuss converting a Riverside County Sheriff's Department traffic car officer position to
a motor officer position.
EXECUTIVE SUMMARY
• Since 1982, the City has contracted with the Riverside County Sheriff's
Department (RCSD) for law enforcement services.
• La Quinta Sheriff's traffic team is currently staffed with five (5) traffic enforcement
officers, consisting of three (3) traffic car officers, and two (2) motor officers.
• Council considered a similar recommendation on 2/15/2022, however at that time
council requested additional information, which is addressed in this report, and in
the 4t" quarter 2022 (October — December) Police Quarterly Report, included as
Departmental Report Item No. 8 in this agenda packet).
FISCAL IMPACT
Converting a traffic officer to a motor officer is estimated at a one-time cost of $40,000,
which includes the cost of one new motorcycle, equipment, and a motor deputy pay
differential of $1.95 per hour. Recurring annual cost is estimated to be $12,300 per year.
The net annual increase is estimated to be $7,110 after savings associated with less
patrol car mileage.
BACKGROUND/ANALYSIS
The City contracts with RCSD to provide law enforcement services. Under the current
contract, five (5) deputies are allocated to the Traffic Team, three (3) officers are assigned
to traffic cars, and two (2) officers are assigned to motors. Lt. Martinez is recommending
converting one traffic car deputy to a motor officer to allow deputies to better serve the
71
community. Per Lt. Martinez a motor officer is better equipped to do the following versus
a traffic car deputy:
• Provide higher visibility by being able to maneuver through traffic more efficiently
and be easily seen by motorists.
• Monitor intersections more efficiently because motorcycles have more
opportunities to safely park.
• Overall, the smaller profile of a motorcycle versus a car allows for more
advantageous positional opportunities while monitoring problem areas, or areas
with higher complaints, which better assists in achieving the overall traffic safety
goals.
• Motorcycles do not only respond to traffic related incidents, they are also available
to respond to crimes in -progress, as well has high priority calls, which in turn
decreases overall response times within the city.
• Motorcycles provide better support for local events with large vehicle and
pedestrian attendance, such as the Ironman Triathlon, American Express Golf
Tournament, and the Music Festival concerts.
The mere presence of motor officers (more than cars) tends to make motorists drive more
safely. The overall goal of a motor officer is not to ticket as many people as possible, but
to educate the motoring public, lower traffic collisions, and make La Quinta safer for
everyone.
Prepared by: Martha Mendez, Public Safety Manager and Sgt. Kyle Lafond
Approved by: Jon McMillen, City Manager
72
STUDY SESSION ITEM NO. 2
City of La Quinta
CITY COUNCIL MEETING: March 7, 2023
STAFF REPORT
AGENDA TITLE: DISCUSS NEW IMPROVEMENTS IN PUBLIC SAFETY
TECHNOLOGY COST AND BENEFITS ANALYSIS
RECOMMENDATION
Discuss new improvements in public safety technology, specifically license plate reader
cameras and gunshot detection software, cost and benefits analysis.
EXECUTIVE SUMMARY
• Community safety is a top priority for the City and staff works closely with Riverside
County Sheriff Department (RCSD) to improve public safety services.
• Implementation and use of improved technology has increased RCSD's investigation
efficiency and success rate.
• RCSD is at the forefront of the automated license plate reader system (ALPR);
managing over 500 cameras throughout Riverside County.
• Gunshot detector technology has improved in the last several years. This technology
identifies the location of gunshots, which eliminates the need to rely on residents'
reports, which if any, often lack a specific location.
FISCAL IMPACT
Improved technology implementation costs are as follows:
Automated License Plate Reader (ALPR)
ALPR $2,500 annual fee per camera (69 cameras)
Initial Implementation Fee $350 per camera
First Year Total
24-month contract
Gunshot Detection Software
Flock Safety Raven Radio Detection Device
ShotSpotter Respond
$172, 500
$24,150
$196,650
$369,150
$50,000 for 2 m2 Annual Fee
$ 99,000 for 2 mi2 Annual Fee
73
BACKGROUND/ANALYSIS
As law enforcement costs continue to increase an average of 2% to 5% annually, staff is
looking for opportunities to increase efficiencies to support public safety. While no
technology can substitute police staff, software improvements can increase police
efficiency. In this report, RCSD and city staff examine two (2) of these technologies: 1)
ALPR, and 2) gunshot detection software.
ALPR
RCSD has experience using Flock Safety ALPR technology since 2020. Currently, there
are over 500 Flock cameras managed by RCSD throughout the County. Per RCSD, the
Flock ALPR system has allowed them to solve multiple crimes, such as stolen vehicles,
following suspects as they flee from a crime scene, and locating vehicles involved in
Amber alerts, among other crimes.
The Flock system can analyze vehicle license plates, vehicle characteristics such as
color, type, make, and other identifiers such as stickers and roof racks. The vehicle
characteristics are used to find matching vehicles and an alert system is activated
throughout the Flock network to find a specific vehicle. One camera can capture up to two
lanes and up to 30,000 vehicles a day. The cameras are solar powered and wireless;
therefore, they can be easily installed on medians or streets.
Due to the increased use of ALPR throughout California, the state passed, on October 6,
2015, Senate Bill 34 (SB 34) (Stats. 2015, 532), which imposes rules to protect the
security of the system and protect personal information. Per SB 34, cities are required to
hold a public hearing to approve the use of ALPR cameras. In addition, this bill imposes
specified requirements on an "ALPR operator," including, maintaining reasonable security
procedures and practices to protect ALPR information and implementing a usage and
privacy policy with respect to that information. Similar requirements are also imposed on
an "ALPR end -user" and require that ALPR information only be used for authorized
purposes. The bill also authorizes an individual who has been harmed by a violation of
these provisions to bring a civil action in any court of competent jurisdiction against a
person who knowingly caused the harm (Attachment 2).
Gunshot Detector
Gun violence is a top concern for La Quinta residents, and solving gun firing cases is
difficult due to the lack of specific information provided by reporting parties. In most cases,
if there is no witness or evidence of gunfire, police may not be able to find the gunshot
location.
Gunshot detection software triangulates the sound of the shots, providing a specific
location to deputies, therefore police can respond to the origin of the gunfire and
investigate. ShotSpotter software has been available for over 25 years, and more than
135 cities contract their services. ShotSpotter showcased their latest software to RCSD
74
and Staff and explained how their system works. Flock Safety system recently added a
gunshot detector (Raven Audio Detection Device) to their system, and although new,
RCSD stated Flock Safety is a viable option based on their track record with other
products. The system also can integrate the gunshot detector to their ALPR cameras.
Next Steps
Staff seeks Council input on:
• Desire to further review and contract any of these services
• Explore other technology opportunities not included in this report.
Prepared by: Martha Mendez, Public Safety Manager
Approved by: Jon McMillen, City Manager
Attachments: 1. RCSD Flock Safety ALPR Recommendation
2. Senate Bill 34 — Automated license plate recognition system: use
of data
3. RCSD Gunshot Detection Deployment in La Quinta Assessment
75
76
ATTACHMENT 1
RIVERSIDE COUNTY SHERIFF'S DEPARTMENT
CHAD BIANCO, SHERIFF
TO: Jon McMillen, City Manager
FROM: Lt. Andy Martinez
SUBJECT: Flock Safety ALPR Recommendation
Attachments
DATE: February 23, 2023
1. Flock Safety Budgetary Quote, Services Agreement, Sole Source, and IRS W9
Background
The Riverside County Sheriff's Department (RCSD) has utilized Automated License Plate Reading
(ALPR) technology since the early 2000's to enhance public safety, generate investigative leads and
apprehend wanted persons. In 2015, Senate Bill 34 was passed to regulate how ALPR technology was
deployed and used within communities and establish training and audit requirements.
In 2020, the RCSD tested Flock Safety ALPR technology and found that alerts were delivered to patrol
staff a lot quicker, its user interface was more intuitive, and its support and maintenance inclusive
subscription model was preferred over our legacy ALPR. It was also found that its cost did not present
any barriers of entry for many contract cities and surrounding agencies, which enhances agency
collaboration to combat crime from a regional perspective. As a result, RCSD chose Flock Safety as their
preferred ALPR vendor.
To date, almost all Riverside County law enforcement agencies use some form of ALPR within their
jurisdictions, most using or in the process of transitioning to Flock Safety.
Recommendation
1. The Riverside County Sheriff's Department recommends council hold a public hearing for the use
of ALPR technology, as prescribed by SB 34, within the La Quinta community.
2. The Riverside County Sheriff's Department recommends council approve a subscription to Flock
Safety for 69 ALPR cameras installed throughout the city.
3. The Riverside County Sheriff's Department recommends council consider a subscription to Flock
Safety's Raven (Gunshot Detection) system for deployment in the Cove residential area.
77
Future Opportunity
Flock Safety currently supports the integration of Computer Aided Dispatch (CAD) data, Automated
Vehicle Locator (AVL), and Gunshot Detection into their software to visualize active calls, analyze crime
and plan responses to active events. Flock Safety recently released a Video Management System (VMS)
to allow agencies to integrate live cameras feeds into their system, which will associate a segment of live
video to license plate reads, which has the potential to enhance and expedite the filtering of video and the
search for vehicles. Integration of Axis cameras currently exists on a 1 to 1 level, but Flock is working on
a full Genetec integration to streamline connections.
A common problem with sourcing technology for criminal investigations is identifying a single product
that can serve as a central repository for all historical and current data to analyze and generate meaningful
information. The Flock Group is the only known vendor that has this ability and is continuously working
to enhance their level of service. Flock currently can integrate CAD, AVL, VMS, and Gunshot Detection
features into a single solution allowing immediate access to patrol staff at critical moments from within
their mobile computers, a stated goal for the La Quinta PSC System.
Camera Coverage/Use
When designing an ALPR technology deployment plan for maximum benefit, the local intended
outcome/use case must be considered along with the focus areas entry and exit points, and areas of crime
concentration that are intended to be mitigated. Deployed ALPR cameras create a virtual grid, generating
specific data captured within; the more cameras that are added the smaller the virtual grids become,
resulting in more accurate data. However, given that the City of La Quinta has deployed an effective
PSCS throughout the city, a preliminary design was created to work in conjunction with the PSCS and
larger virtual grids were preferred reducing the amount of cameras required and total cost.
While the existing PSCS helps law enforcement determine or confirm an accurate series of events,
deployed in conjunction with ALPR, law enforcement will also be able to identify vehicles involved. In a
typical use case where a license plate was not captured by the PSCS, investigating deputies will use PSCS
to follow vehicles throughout the city until the vehicle reaches an ALPR grid point to help identify it.
Camera Deployment Focus Areas
The following are the minimum number of cameras required to fully capture license plate entering and
leaving the city of La Quinta, address crime concerns with the La Quinta Cove community and help
mitigate crime within the business district.
1. Business Corridor
19 Cameras
2. Cove Community
10 Cameras
3. Entry/Exit Points
40 Cameras
78
Fiscal Impact
Flock Safety only offers a subscription model, which is inclusive of installation, support and on -going
maintenance at a rate of $2,500 per camera annually. A one-time installation fee of $350 per camera is
assessed in year one. This subscription model doesn't allow for agency ownership of any camera;
however, agencies retain ownership of data and images collected.
The testing of the VMS integration is currently being offered to the City of La Quinta free of charge. The
standard fee for this service is $500 per camera annually, which allows for 7-day video retention on the
Flock Safety secured servers (AWS Government Cloud) and ability to play back, search and export.
Flock Falcon ALPR
One -Time Installation
Flock Raven Gunshot Detection
Total First Year Cost
Reoccurring Annual Cost
$2,500 (x69) $175,500
$350 (x69) $ 24,150
$ 50,000
$246,650
$222,500
Lt. Andy Martinez
79
:1
� ATTACHMENT 2
d� LEGISLATIVE INFORMATION
Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites
SB-34 Automated license plate recognition systems: use of data. (2015-2016)
SHARE THIS: In G
Senate Bill No. 34
CHAPTER 532
An act to amend Sections 1798.29 and 1798.82 of, and to add Title 1.81.23 (commencing with Section
1798.90.5) to Part 4 of Division 3 of, the Civil Code, relating to personal information.
Approved by Governor October 06, 2015. Filed with Secretary of State
October 06, 2015.
LEGISLATIVE COUNSEL'S DIGEST
SIB 34, Hill. Automated license plate recognition systems: use of data.
(1) Existing law authorizes the Department of the California Highway Patrol to retain license plate data captured
by license plate recognition (LPR) technology, also referred to as an automated license plate recognition (ALPR)
system, for not more than 60 days unless the data is being used as evidence or for the investigation of felonies.
Existing law prohibits the department from selling the data or from making the data available to an agency that
is not a law enforcement agency or an individual that is not a law enforcement officer.
Existing law authorizes the department to use LPR data for the purpose of locating vehicles or persons
reasonably suspected of being involved in the commission of a public offense, and requires the department to
monitor the internal use of the data to prevent unauthorized use and to submit to the Legislature, as a part of
the annual automobile theft report, information on the department's LPR practices and usage.
This bill would impose specified requirements on an "ALPR operator" as defined, including, among others,
maintaining reasonable security procedures and practices to protect ALPR information and implementing a usage
and privacy policy with respect to that information, as specified. The bill would impose similar requirements on
an "ALPR end -user;' as defined.
The bill would require an ALPR operator that accesses or provides access to ALPR information to maintain a
specified record of that access and require that ALPR information only be used for authorized purposes.
The bill would, in addition to any other sanctions, penalties, or remedies provided by law, authorize an individual
who has been harmed by a violation of these provisions to bring a civil action in any court of competent
jurisdiction against a person who knowingly caused the harm.
The bill would require a public agency, as defined, that operates or intends to operate an ALPR system to provide
an opportunity for public comment at a regularly scheduled public meeting of the governing body of the public
agency before implementing the program. The bill would also prohibit a public agency from selling, sharing, or
transferring ALPR information, except to another public agency, as specified.
81
(2) Existing law requires any agency, and any person or business conducting business in California, that owns or
licenses computerized data that includes personal information, as defined, to disclose in specified ways, any
breach of the security of the system or data, as defined, following discovery or notification of the security
breach, to any California resident whose unencrypted personal information was, or is reasonably believed to
have been, acquired by an unauthorized person. Existing law defines "personal information" for these purposes
to include an individual's first name and last name, or first initial and last name, in combination with one or more
designated data elements relating to, among other things, social security numbers, driver's license numbers,
financial accounts, and medical information.
This bill would include information or data collected through the use or operation of an automated license plate
recognition system, when that information is not encrypted and is used in combination with an individual's name,
in the definition of "personal information" discussed above.
This bill would incorporate additional changes to Section 1798.29 of the Civil Code proposed by SB 570 and AB
964 that would become operative if this bill and one or both of those bills are enacted and this bill is enacted
last.
This bill also would incorporate additional changes to Section 1798.82 of the Civil Code proposed by SB 570 and
AB 964 that would become operative if this bill and one or both of those bills are enacted and this bill is enacted
last.
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: no
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1798.29 of the Civil Code is amended to read:
1798.29. (a) Any agency that owns or licenses computerized data that includes personal information shall disclose
any breach of the security of the system following discovery or notification of the breach in the security of the
data to any resident of California whose unencrypted personal information was, or is reasonably believed to have
been, acquired by an unauthorized person. The disclosure shall be made in the most expedient time possible and
without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subdivision
(c), or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the
data system.
(b) Any agency that maintains computerized data that includes personal information that the agency does not
own shall notify the owner or licensee of the information of any breach of the security of the data immediately
following discovery, if the personal information was, or is reasonably believed to have been, acquired by an
unauthorized person.
(c) The notification required by this section may be delayed if a law enforcement agency determines that the
notification will impede a criminal investigation. The notification required by this section shall be made after the
law enforcement agency determines that it will not compromise the investigation.
(d) Any agency that is required to issue a security breach notification pursuant to this section shall meet all of
the following requirements:
(1) The security breach notification shall be written in plain language.
(2) The security breach notification shall include, at a minimum, the following information:
(A) The name and contact information of the reporting agency subject to this section.
(B) A list of the types of personal information that were or are reasonably believed to have been the subject
of a breach.
(C) If the information is possible to determine at the time the notice is provided, then any of the following:
(i) the date of the breach, (ii) the estimated date of the breach, or (iii) the date range within which the
breach occurred. The notification shall also include the date of the notice.
(D) Whether the notification was delayed as a result of a law enforcement investigation, if that information
is possible to determine at the time the notice is provided.
FM
(E) A general description of the breach incident, if that information is possible to determine at the time the
notice is provided.
(F) The toll -free telephone numbers and addresses of the major credit reporting agencies, if the breach
exposed a social security number or a driver's license or California identification card number.
(3) At the discretion of the agency, the security breach notification may also include any of the following:
(A) Information about what the agency has done to protect individuals whose information has been
breached.
(B) Advice on steps that the person whose information has been breached may take to protect himself or
herself.
(4) In the case of a breach of the security of the system involving personal information defined in paragraph
(2) of subdivision (g) for an online account, and no other personal information defined in paragraph (1) of
subdivision (g), the agency may comply with this section by providing the security breach notification in
electronic or other form that directs the person whose personal information has been breached to promptly
change his or her password and security question or answer, as applicable, or to take other steps appropriate
to protect the online account with the agency and all other online accounts for which the person uses the same
user name or email address and password or security question or answer.
(5) In the case of a breach of the security of the system involving personal information defined in paragraph
(2) of subdivision (g) for login credentials of an email account furnished by the agency, the agency shall not
comply with this section by providing the security breach notification to that email address, but may, instead,
comply with this section by providing notice by another method described in subdivision (i) or by clear and
conspicuous notice delivered to the resident online when the resident is connected to the online account from
an Internet Protocol address or online location from which the agency knows the resident customarily accesses
the account.
(e) Any agency that is required to issue a security breach notification pursuant to this section to more than 500
California residents as a result of a single breach of the security system shall electronically submit a single
sample copy of that security breach notification, excluding any personally identifiable information, to the
Attorney General. A single sample copy of a security breach notification shall not be deemed to be within
subdivision (f) of Section 6254 of the Government Code.
(f) For purposes of this section, "breach of the security of the system" means unauthorized acquisition of
computerized data that compromises the security, confidentiality, or integrity of personal information maintained
by the agency. Good faith acquisition of personal information by an employee or agent of the agency for the
purposes of the agency is not a breach of the security of the system, provided that the personal information is
not used or subject to further unauthorized disclosure.
(g) For purposes of this section, "personal information" means either of the following:
(1) An individual's first name or first initial and last name in combination with any one or more of the following
data elements, when either the name or the data elements are not encrypted:
(A) Social security number.
(B) Driver's license number or California identification card number.
(C) Account number, credit or debit card number, in combination with any required security code, access
code, or password that would permit access to an individual's financial account.
(D) Medical information.
(E) Health insurance information.
(F) Information or data collected through the use or operation of an automated license plate recognition
system, as defined in Section 1798.90.5.
(2) A user name or email address, in combination with a password or security question and answer that would
permit access to an online account.
83
(h) (1) For purposes of this section, "personal information" does not include publicly available information that is
lawfully made available to the general public from federal, state, or local government records.
(2) For purposes of this section, "medical information" means any information regarding an individual's medical
history, mental or physical condition, or medical treatment or diagnosis by a health care professional.
(3) For purposes of this section, "health insurance information" means an individual's health insurance policy
number or subscriber identification number, any unique identifier used by a health insurer to identify the
individual, or any information in an individual's application and claims history, including any appeals records.
(i) For purposes of this section, "notice" may be provided by one of the following methods:
(1) Written notice.
(2) Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and
signatures set forth in Section 7001 of Title 15 of the United States Code.
(3) Substitute notice, if the agency demonstrates that the cost of providing notice would exceed two hundred
fifty thousand dollars ($250,000), or that the affected class of subject persons to be notified exceeds 500,000,
or the agency does not have sufficient contact information. Substitute notice shall consist of all of the
following:
(A) Email notice when the agency has an email address for the subject persons.
(B) Conspicuous posting of the notice on the agency's Internet Web site page, if the agency maintains one.
(C) Notification to major statewide media and the Office of Information Security within the Department of
Technology.
(j) Notwithstanding subdivision (i), an agency that maintains its own notification procedures as part of an
information security policy for the treatment of personal information and is otherwise consistent with the timing
requirements of this part shall be deemed to be in compliance with the notification requirements of this section if
it notifies subject persons in accordance with its policies in the event of a breach of security of the system.
(k) Notwithstanding the exception specified in paragraph (4) of subdivision (b) of Section 1798.3, for purposes of
this section, "agency" includes a local agency, as defined in subdivision (a) of Section 6252 of the Government
Code.
SEC. 1.1. Section 1798.29 of the Civil Code is amended to read:
1798.29. (a) Any agency that owns or licenses computerized data that includes personal information shall disclose
any breach of the security of the system following discovery or notification of the breach in the security of the
data to any resident of California whose unencrypted personal information was, or is reasonably believed to have
been, acquired by an unauthorized person. The disclosure shall be made in the most expedient time possible and
without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subdivision
(c), or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the
data system.
(b) Any agency that maintains computerized data that includes personal information that the agency does not
own shall notify the owner or licensee of the information of any breach of the security of the data immediately
following discovery, if the personal information was, or is reasonably believed to have been, acquired by an
unauthorized person.
(c) The notification required by this section may be delayed if a law enforcement agency determines that the
notification will impede a criminal investigation. The notification required by this section shall be made after the
law enforcement agency determines that it will not compromise the investigation.
(d) Any agency that is required to issue a security breach notification pursuant to this section shall meet all of
the following requirements:
(1) The security breach notification shall be written in plain language, shall be titled "Notice of Data Breach;'
and shall present the information described in paragraph (2) under the following headings: 'What Happened;'
"What Information Was Involved;" "What We Are Doing," "What You Can Do;' and 'For More Information."
Additional information may be provided as a supplement to the notice.
84
(A) The format of the notice shall be designed to call attention to the nature and significance of the
information it contains.
(B) The title and headings in the notice shall be clearly and conspicuously displayed.
(C) The text of the notice and any other notice provided pursuant to this section shall be no smaller than
10-point type.
(D) For a written notice described in paragraph (1) of subdivision (i), use of the model security breach
notification form prescribed below or use of the headings described in this paragraph with the information
described in paragraph (2), written in plain language, shall be deemed to be in compliance with this
subdivision.
[NAME OF INSTITUTION / LOGO] Date: [insert date]
NOTICE OF DATA BREACH
What
Happened?
What
Information
Was
Involved?
What We
Are Doing.
Other Important Information.
[insert other important information]
85
For More
Information. Call [telephone number] or go to [Internet Web site]
(E) For an electronic notice described in paragraph (2) of subdivision (i), use of the headings described in
this paragraph with the information described in paragraph (2), written in plain language, shall be deemed
to be in compliance with this subdivision.
(2) The security breach notification described in paragraph (1) shall include, at a minimum, the following
information:
(A) The name and contact information of the reporting agency subject to this section.
(B) A list of the types of personal information that were or are reasonably believed to have been the subject
of a breach.
(C) If the information is possible to determine at the time the notice is provided, then any of the following:
(i) the date of the breach, (ii) the estimated date of the breach, or (iii) the date range within which the
breach occurred. The notification shall also include the date of the notice.
(D) Whether the notification was delayed as a result of a law enforcement investigation, if that information
is possible to determine at the time the notice is provided.
(E) A general description of the breach incident, if that information is possible to determine at the time the
notice is provided.
(F) The toll -free telephone numbers and addresses of the major credit reporting agencies, if the breach
exposed a social security number or a driver's license or California identification card number.
(3) At the discretion of the agency, the security breach notification may also include any of the following:
(A) Information about what the agency has done to protect individuals whose information has been
breached.
(B) Advice on steps that the person whose information has been breached may take to protect himself or
herself.
(e) Any agency that is required to issue a security breach notification pursuant to this section to more than 500
California residents as a result of a single breach of the security system shall electronically submit a single
sample copy of that security breach notification, excluding any personally identifiable information, to the
Attorney General. A single sample copy of a security breach notification shall not be deemed to be within
subdivision (f) of Section 6254 of the Government Code.
(f) For purposes of this section, "breach of the security of the system" means unauthorized acquisition of
computerized data that compromises the security, confidentiality, or integrity of personal information maintained
by the agency. Good faith acquisition of personal information by an employee or agent of the agency for the
purposes of the agency is not a breach of the security of the system, provided that the personal information is
not used or subject to further unauthorized disclosure.
(g) For purposes of this section, "personal information" means either of the following:
(1) An individual's first name or first initial and last name in combination with any one or more of the following
data elements, when either the name or the data elements are not encrypted:
(A) Social security number.
(B) Driver's license number or California identification card number.
(C) Account number, credit or debit card number, in combination with any required security code, access
code, or password that would permit access to an individual's financial account.
(D) Medical information.
(E) Health insurance information.
(F) Information or data collected through the use or operation of an automated license plate recognition
system, as defined in Section 1798.90.5.
(2) A user name or email address, in combination with a password or security question and answer that would
permit access to an online account.
(h) (1) For purposes of this section, "personal information" does not include publicly available information that is
lawfully made available to the general public from federal, state, or local government records.
(2) For purposes of this section, "medical information" means any information regarding an individual's medical
history, mental or physical condition, or medical treatment or diagnosis by a health care professional.
(3) For purposes of this section, "health insurance information" means an individual's health insurance policy
number or subscriber identification number, any unique identifier used by a health insurer to identify the
individual, or any information in an individual's application and claims history, including any appeals records.
(i) For purposes of this section, "notice" may be provided by one of the following methods:
(1) Written notice.
(2) Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and
signatures set forth in Section 7001 of Title 15 of the United States Code.
(3) Substitute notice, if the agency demonstrates that the cost of providing notice would exceed two hundred
fifty thousand dollars ($250,000), or that the affected class of subject persons to be notified exceeds 500,000,
or the agency does not have sufficient contact information. Substitute notice shall consist of all of the
following:
(A) Email notice when the agency has an email address for the subject persons.
(B) Conspicuous posting, for a minimum of 30 days, of the notice on the agency's Internet Web site page, if
the agency maintains one. For purposes of this subparagraph, conspicuous posting on the agency's Internet
Web site means providing a link to the notice on the home page or first significant page after entering the
Internet Web site that is in larger type than the surrounding text, or in contrasting type, font, or color to the
surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other
marks that call attention to the link.
(C) Notification to major statewide media and the Office of Information Security within the Department of
Technology.
(4) In the case of a breach of the security of the system involving personal information defined in paragraph
(2) of subdivision (g) for an online account, and no other personal information defined in paragraph (1) of
subdivision (g), the agency may comply with this section by providing the security breach notification in
electronic or other form that directs the person whose personal information has been breached to promptly
change his or her password and security question or answer, as applicable, or to take other steps appropriate
to protect the online account with the agency and all other online accounts for which the person uses the same
user name or email address and password or security question or answer.
(5) In the case of a breach of the security of the system involving personal information defined in paragraph
(2) of subdivision (g) for login credentials of an email account furnished by the agency, the agency shall not
comply with this section by providing the security breach notification to that email address, but may, instead,
comply with this section by providing notice by another method described in this subdivision or by clear and
conspicuous notice delivered to the resident online when the resident is connected to the online account from
an Internet Protocol address or online location from which the agency knows the resident customarily accesses
the account.
(j) Notwithstanding subdivision (i), an agency that maintains its own notification procedures as part of an
information security policy for the treatment of personal information and is otherwise consistent with the timing
requirements of this part shall be deemed to be in compliance with the notification requirements of this section if
it notifies subject persons in accordance with its policies in the event of a breach of security of the system.
87
(k) Notwithstanding the exception specified in paragraph (4) of subdivision (b) of Section 1798.3, for purposes of
this section, "agency" includes a local agency, as defined in subdivision (a) of Section 6252 of the Government
Code.
SEC. 1.2. Section 1798.29 of the Civil Code is amended to read:
1798.29. (a) Any agency that owns or licenses computerized data that includes personal information shall disclose
any breach of the security of the system following discovery or notification of the breach in the security of the
data to any resident of California whose unencrypted personal information was, or is reasonably believed to have
been, acquired by an unauthorized person. The disclosure shall be made in the most expedient time possible and
without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subdivision
(c), or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the
data system.
(b) Any agency that maintains computerized data that includes personal information that the agency does not
own shall notify the owner or licensee of the information of any breach of the security of the data immediately
following discovery, if the personal information was, or is reasonably believed to have been, acquired by an
unauthorized person.
(c) The notification required by this section may be delayed if a law enforcement agency determines that the
notification will impede a criminal investigation. The notification required by this section shall be made after the
law enforcement agency determines that it will not compromise the investigation.
(d) Any agency that is required to issue a security breach notification pursuant to this section shall meet all of
the following requirements:
(1) The security breach notification shall be written in plain language.
(2) The security breach notification shall include, at a minimum, the following information:
(A) The name and contact information of the reporting agency subject to this section.
(B) A list of the types of personal information that were or are reasonably believed to have been the subject
of a breach.
(C) If the information is possible to determine at the time the notice is provided, then any of the following:
(i) the date of the breach, (ii) the estimated date of the breach, or (iii) the date range within which the
breach occurred. The notification shall also include the date of the notice.
(D) Whether the notification was delayed as a result of a law enforcement investigation, if that information
is possible to determine at the time the notice is provided.
(E) A general description of the breach incident, if that information is possible to determine at the time the
notice is provided.
(F) The toll -free telephone numbers and addresses of the major credit reporting agencies, if the breach
exposed a social security number or a driver's license or California identification card number.
(3) At the discretion of the agency, the security breach notification may also include any of the following:
(A) Information about what the agency has done to protect individuals whose information has been
breached.
(B) Advice on steps that the person whose information has been breached may take to protect himself or
herself.
(4) In the case of a breach of the security of the system involving personal information defined in paragraph
(2) of subdivision (g) for an online account, and no other personal information defined in paragraph (1) of
subdivision (g), the agency may comply with this section by providing the security breach notification in
electronic or other form that directs the person whose personal information has been breached to promptly
change his or her password and security question or answer, as applicable, or to take other steps appropriate
to protect the online account with the agency and all other online accounts for which the person uses the same
user name or email address and password or security question or answer.
(5) In the case of a breach of the security of the system involving personal information defined in paragraph
(2) of subdivision (g) for login credentials of an email account furnished by the agency, the agency shall
comply with this section by providing the security breach notification to that email address, but may, instead,
comply with this section by providing notice by another method described in subdivision (i) or by clear and
conspicuous notice delivered to the resident online when the resident is connected to the online account from
an Internet Protocol address or online location from which the agency knows the resident customarily accesses
the account.
(e) Any agency that is required to issue a security breach notification pursuant to this section to more than 500
California residents as a result of a single breach of the security system shall electronically submit a single
sample copy of that security breach notification, excluding any personally identifiable information, to the
Attorney General. A single sample copy of a security breach notification shall not be deemed to be within
subdivision (f) of Section 6254 of the Government Code.
(f) For purposes of this section, "breach of the security of the system" means unauthorized acquisition of
computerized data that compromises the security, confidentiality, or integrity of personal information maintained
by the agency. Good faith acquisition of personal information by an employee or agent of the agency for the
purposes of the agency is not a breach of the security of the system, provided that the personal information is
not used or subject to further unauthorized disclosure.
(g) For purposes of this section, 'personal information" means either of the following:
(1) An individual's first name or first initial and last name in combination with any one or more of the following
data elements, when either the name or the data elements are not encrypted:
(A) Social security number.
(B) Driver's license number or California identification card number.
(C) Account number, credit or debit card number, in combination with any required security code, access
code, or password that would permit access to an individual's financial account.
(D) Medical information.
(E) Health insurance information.
(F) Information or data collected through the use or operation of an automated license plate recognition
system, as defined in Section 1798.90.5.
(2) A user name or email address, in combination with a password or security question and answer that would
permit access to an online account.
(h) (1) For purposes of this section, "personal information" does not include publicly available information that is
lawfully made available to the general public from federal, state, or local government records.
(2) For purposes of this section, "medical information" means any information regarding an individual's medical
history, mental or physical condition, or medical treatment or diagnosis by a health care professional.
(3) For purposes of this section, "health insurance information" means an individual's health insurance policy
number or subscriber identification number, any unique identifier used by a health insurer to identify the
individual, or any information in an individual's application and claims history, including any appeals records.
(4) For purposes of this section, "encrypted" means rendered unusable, unreadable, or indecipherable to an
unauthorized person through a security technology or methodology generally accepted in the field of
information security.
(i) For purposes of this section, 'notice" may be provided by one of the following methods:
(1) Written notice.
(2) Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and
signatures set forth in Section 7001 of Title 15 of the United States Code.
(3) Substitute notice, if the agency demonstrates that the cost of providing notice would exceed two hundred
fifty thousand dollars ($250,000), or that the affected class of subject persons to be notified exceeds 500,000,
or the agency does not have sufficient contact information. Substitute notice shall consist of all of the
following:
:•
(A) Email notice when the agency has an email address for the subject persons.
(B) Conspicuous posting of the notice on the agency's Internet Web site page, if the agency maintains one.
(C) Notification to major statewide media and the Office of Information Security within the Department of
Technology.
(j) Notwithstanding subdivision (i), an agency that maintains its own notification procedures as part of an
information security policy for the treatment of personal information and is otherwise consistent with the timing
requirements of this part shall be deemed to be in compliance with the notification requirements of this section if
it notifies subject persons in accordance with its policies in the event of a breach of security of the system.
(k) Notwithstanding the exception specified in paragraph (4) of subdivision (b) of Section 1798.3, for purposes of
this section, 'agency" includes a local agency, as defined in subdivision (a) of Section 6252 of the Government
Code.
SEC. 1.3. Section 1798.29 of the Civil Code is amended to read:
1798.29. (a) Any agency that owns or licenses computerized data that includes personal information shall disclose
any breach of the security of the system following discovery or notification of the breach in the security of the
data to any resident of California whose unencrypted personal information was, or is reasonably believed to have
been, acquired by an unauthorized person. The disclosure shall be made in the most expedient time possible and
without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subdivision
(c), or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the
data system.
(b) Any agency that maintains computerized data that includes personal information that the agency does not
own shall notify the owner or licensee of the information of any breach of the security of the data immediately
following discovery, if the personal information was, or is reasonably believed to have been, acquired by an
unauthorized person.
(c) The notification required by this section may be delayed if a law enforcement agency determines that the
notification will impede a criminal investigation. The notification required by this section shall be made after the
law enforcement agency determines that it will not compromise the investigation.
(d) Any agency that is required to issue a security breach notification pursuant to this section shall meet all of
the following requirements:
(1) The security breach notification shall be written in plain language, shall be titled 'Notice of Data Breach;'
and shall present the information described in paragraph (2) under the following headings: "What Happened;'
"What Information Was Involved;" "What We Are Doing," "What You Can Do;' and "For More Information."
Additional information may be provided as a supplement to the notice.
(A) The format of the notice shall be designed to call attention to the nature and significance of the
information it contains.
(B) The title and headings in the notice shall be clearly and conspicuously displayed.
(C) The text of the notice and any other notice provided pursuant to this section shall be no smaller than
10-point type.
(D) For a written notice described in paragraph (1) of subdivision (i), use of the model security breach
notification form prescribed below or use of the headings described in this paragraph with the information
described in paragraph (2), written in plain language, shall be deemed to be in compliance with this
subdivision.
[NAME OF INSTITUTION / LOGO] Date: [insert date]
NOTICE OF DATA BREACH
.o
What
Happened?
What
Information
Was
Involved?
What We
Are Doing.
What You
Can Do.
Other Important Information.
[insert other important information]
For More
Information. Call [telephone number] or go to [Internet Web site]
(E) For an electronic notice described in paragraph (2) of subdivision (i), use of the headings described in
this paragraph with the information described in paragraph (2), written in plain language, shall be deemed
to be in compliance with this subdivision.
(2) The security breach notification described in paragraph (1) shall include, at a minimum, the following
information:
(A) The name and contact information of the reporting agency subject to this section.
(B) A list of the types of personal information that were or are reasonably believed to have been the subject
of a breach.
91
(C) If the information is possible to determine at the time the notice is provided, then any of the following:
(i) the date of the breach, (ii) the estimated date of the breach, or (iii) the date range within which the
breach occurred. The notification shall also include the date of the notice.
(D) Whether the notification was delayed as a result of a law enforcement investigation, if that information
is possible to determine at the time the notice is provided.
(E) A general description of the breach incident, if that information is possible to determine at the time the
notice is provided.
(F) The toll -free telephone numbers and addresses of the major credit reporting agencies, if the breach
exposed a social security number or a driver's license or California identification card number.
(3) At the discretion of the agency, the security breach notification may also include any of the following:
(A) Information about what the agency has done to protect individuals whose information has been
breached.
(B) Advice on steps that the person whose information has been breached may take to protect himself or
herself.
(e) Any agency that is required to issue a security breach notification pursuant to this section to more than 500
California residents as a result of a single breach of the security system shall electronically submit a single
sample copy of that security breach notification, excluding any personally identifiable information, to the
Attorney General. A single sample copy of a security breach notification shall not be deemed to be within
subdivision (f) of Section 6254 of the Government Code.
(f) For purposes of this section, "breach of the security of the system" means unauthorized acquisition of
computerized data that compromises the security, confidentiality, or integrity of personal information maintained
by the agency. Good faith acquisition of personal information by an employee or agent of the agency for the
purposes of the agency is not a breach of the security of the system, provided that the personal information is
not used or subject to further unauthorized disclosure.
(g) For purposes of this section, "personal information" means either of the following:
(1) An individual's first name or first initial and last name in combination with any one or more of the following
data elements, when either the name or the data elements are not encrypted:
(A) Social security number.
(B) Driver's license number or California identification card number.
(C) Account number, credit or debit card number, in combination with any required security code, access
code, or password that would permit access to an individual's financial account.
(D) Medical information.
(E) Health insurance information.
(F) Information or data collected through the use or operation of an automated license plate recognition
system, as defined in Section 1798.90.5.
(2) A user name or email address, in combination with a password or security question and answer that would
permit access to an online account.
(h) (1) For purposes of this section, "personal information" does not include publicly available information that is
lawfully made available to the general public from federal, state, or local government records.
(2) For purposes of this section, "medical information" means any information regarding an individual's medical
history, mental or physical condition, or medical treatment or diagnosis by a health care professional.
(3) For purposes of this section, "health insurance information" means an individual's health insurance policy
number or subscriber identification number, any unique identifier used by a health insurer to identify the
individual, or any information in an individual's application and claims history, including any appeals records.
92
(4) For purposes of this section, "encrypted" means rendered unusable, unreadable, or indecipherable to an
unauthorized person through a security technology or methodology generally accepted in the field of
information security.
i) For purposes of this section, "notice" may be provided by one of the following methods:
(1) Written notice.
(2) Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and
signatures set forth in Section 7001 of Title 15 of the United States Code.
(3) Substitute notice, if the agency demonstrates that the cost of providing notice would exceed two hundred
fifty thousand dollars ($250,000), or that the affected class of subject persons to be notified exceeds 500,000,
or the agency does not have sufficient contact information. Substitute notice shall consist of all of the
following:
(A) Email notice when the agency has an email address for the subject persons.
(B) Conspicuous posting, for a minimum of 30 days, of the notice on the agency's Internet Web site page, if
the agency maintains one. For purposes of this subparagraph, conspicuous posting on the agency's Internet
Web site means providing a link to the notice on the home page or first significant page after entering the
Internet Web site that is in larger type than the surrounding text, or in contrasting type, font, or color to the
surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other
marks that call attention to the link.
(C) Notification to major statewide media and the Office of Information Security within the Department of
Technology.
(4) In the case of a breach of the security of the system involving personal information defined in paragraph
(2) of subdivision (g) for an online account, and no other personal information defined in paragraph (1) of
subdivision (g), the agency may comply with this section by providing the security breach notification in
electronic or other form that directs the person whose personal information has been breached to promptly
change his or her password and security question or answer, as applicable, or to take other steps appropriate
to protect the online account with the agency and all other online accounts for which the person uses the same
user name or email address and password or security question or answer.
(5) In the case of a breach of the security of the system involving personal information defined in paragraph
(2) of subdivision (g) for login credentials of an email account furnished by the agency, the agency shall not
comply with this section by providing the security breach notification to that email address, but may, instead,
comply with this section by providing notice by another method described in this subdivision or by clear and
conspicuous notice delivered to the resident online when the resident is connected to the online account from
an Internet Protocol address or online location from which the agency knows the resident customarily accesses
the account.
(j) Notwithstanding subdivision (i), an agency that maintains its own notification procedures as part of an
information security policy for the treatment of personal information and is otherwise consistent with the timing
requirements of this part shall be deemed to be in compliance with the notification requirements of this section if
it notifies subject persons in accordance with its policies in the event of a breach of security of the system.
(k) Notwithstanding the exception specified in paragraph (4) of subdivision (b) of Section 1798.3, for purposes of
this section, "agency" includes a local agency, as defined in subdivision (a) of Section 6252 of the Government
Code.
SEC. 2. Section 1798.82 of the Civil Code is amended to read:
1798.82. (a) A person or business that conducts business in California, and that owns or licenses computerized
data that includes personal information, shall disclose a breach of the security of the system following discovery
or notification of the breach in the security of the data to a resident of California whose unencrypted personal
information was, or is reasonably believed to have been, acquired by an unauthorized person. The disclosure
shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate
needs of law enforcement, as provided in subdivision (c), or any measures necessary to determine the scope of
the breach and restore the reasonable integrity of the data system.
93
(b) A person or business that maintains computerized data that includes personal information that the person or
business does not own shall notify the owner or licensee of the information of the breach of the security of the
data immediately following discovery, if the personal information was, or is reasonably believed to have been,
acquired by an unauthorized person.
(c) The notification required by this section may be delayed if a law enforcement agency determines that the
notification will impede a criminal investigation. The notification required by this section shall be made promptly
after the law enforcement agency determines that it will not compromise the investigation.
(d) A person or business that is required to issue a security breach notification pursuant to this section shall
meet all of the following requirements:
(1) The security breach notification shall be written in plain language.
(2) The security breach notification shall include, at a minimum, the following information:
(A) The name and contact information of the reporting person or business subject to this section.
(B) A list of the types of personal information that were or are reasonably believed to have been the subject
of a breach.
(C) If the information is possible to determine at the time the notice is provided, then any of the following:
(i) the date of the breach, (ii) the estimated date of the breach, or (iii) the date range within which the
breach occurred. The notification shall also include the date of the notice.
(D) Whether notification was delayed as a result of a law enforcement investigation, if that information is
possible to determine at the time the notice is provided.
(E) A general description of the breach incident, if that information is possible to determine at the time the
notice is provided.
(F) The toll -free telephone numbers and addresses of the major credit reporting agencies if the breach
exposed a social security number or a driver's license or California identification card number.
(G) If the person or business providing the notification was the source of the breach, an offer to provide
appropriate identity theft prevention and mitigation services, if any, shall be provided at no cost to the
affected person for not less than 12 months, along with all information necessary to take advantage of the
offer to any person whose information was or may have been breached if the breach exposed or may have
exposed personal information defined in subparagraphs (A) and (B) of paragraph (1) of subdivision (h).
(3) At the discretion of the person or business, the security breach notification may also include any of the
following:
(A) Information about what the person or business has done to protect individuals whose information has
been breached.
(B) Advice on steps that the person whose information has been breached may take to protect himself or
herself.
(4) In the case of a breach of the security of the system involving personal information defined in paragraph
(2) of subdivision (h) for an online account, and no other personal information defined in paragraph (1) of
subdivision (h), the person or business may comply with this section by providing the security breach
notification in electronic or other form that directs the person whose personal information has been breached
promptly to change his or her password and security question or answer, as applicable, or to take other steps
appropriate to protect the online account with the person or business and all other online accounts for which
the person whose personal information has been breached uses the same user name or email address and
password or security question or answer.
(5) In the case of a breach of the security of the system involving personal information defined in paragraph
(2) of subdivision (h) for login credentials of an email account furnished by the person or business, the person
or business shall not comply with this section by providing the security breach notification to that email
address, but may, instead, comply with this section by providing notice by another method described in
subdivision (j) or by clear and conspicuous notice delivered to the resident online when the resident is
connected to the online account from an Internet Protocol address or online location from which the person or
business knows the resident customarily accesses the account. 94
(e) A covered entity under the federal Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Sec.
1320d et seq.) will be deemed to have complied with the notice requirements in subdivision (d) if it has complied
completely with Section 13402(f) of the federal Health Information Technology for Economic and Clinical Health
Act (Public Law 111-5). However, nothing in this subdivision shall be construed to exempt a covered entity from
any other provision of this section.
(f) A person or business that is required to issue a security breach notification pursuant to this section to more
than 500 California residents as a result of a single breach of the security system shall electronically submit a
single sample copy of that security breach notification, excluding any personally identifiable information, to the
Attorney General. A single sample copy of a security breach notification shall not be deemed to be within
subdivision (f) of Section 6254 of the Government Code.
(g) For purposes of this section, "breach of the security of the system" means unauthorized acquisition of
computerized data that compromises the security, confidentiality, or integrity of personal information maintained
by the person or business. Good faith acquisition of personal information by an employee or agent of the person
or business for the purposes of the person or business is not a breach of the security of the system, provided
that the personal information is not used or subject to further unauthorized disclosure.
(h) For purposes of this section, "personal information" means either of the following:
(1) An individual's first name or first initial and last name in combination with any one or more of the following
data elements, when either the name or the data elements are not encrypted:
(A) Social security number.
(B) Driver's license number or California identification card number.
(C) Account number, credit or debit card number, in combination with any required security code, access
code, or password that would permit access to an individual's financial account.
(D) Medical information.
(E) Health insurance information.
(F) Information or data collected through the use or operation of an automated license plate recognition
system, as defined in Section 1798.90.5.
(2) A user name or email address, in combination with a password or security question and answer that would
permit access to an online account.
(i) (1) For purposes of this section, "personal information" does not include publicly available information that is
lawfully made available to the general public from federal, state, or local government records.
(2) For purposes of this section, "medical information" means any information regarding an individual's medical
history, mental or physical condition, or medical treatment or diagnosis by a health care professional.
(3) For purposes of this section, "health insurance information" means an individual's health insurance policy
number or subscriber identification number, any unique identifier used by a health insurer to identify the
individual, or any information in an individual's application and claims history, including any appeals records.
(j) For purposes of this section, "notice" may be provided by one of the following methods:
(1) Written notice.
(2) Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and
signatures set forth in Section 7001 of Title 15 of the United States Code.
(3) Substitute notice, if the person or business demonstrates that the cost of providing notice would exceed
two hundred fifty thousand dollars ($250,000), or that the affected class of subject persons to be notified
exceeds 500,000, or the person or business does not have sufficient contact information. Substitute notice
shall consist of all of the following:
(A) Email notice when the person or business has an email address for the subject persons.
(B) Conspicuous posting of the notice on the Internet Web site page of the person or business, if the person
or business maintains one.
95
(C) Notification to major statewide media.
(k) Notwithstanding subdivision (j), a person or business that maintains its own notification procedures as part of
an information security policy for the treatment of personal information and is otherwise consistent with the
timing requirements of this part, shall be deemed to be in compliance with the notification requirements of this
section if the person or business notifies subject persons in accordance with its policies in the event of a breach
of security of the system.
SEC. 2.1. Section 1798.82 of the Civil Code is amended to read:
1798.82. (a) A person or business that conducts business in California, and that owns or licenses computerized
data that includes personal information, shall disclose a breach of the security of the system following discovery
or notification of the breach in the security of the data to a resident of California whose unencrypted personal
information was, or is reasonably believed to have been, acquired by an unauthorized person. The disclosure
shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate
needs of law enforcement, as provided in subdivision (c), or any measures necessary to determine the scope of
the breach and restore the reasonable integrity of the data system.
(b) A person or business that maintains computerized data that includes personal information that the person or
business does not own shall notify the owner or licensee of the information of the breach of the security of the
data immediately following discovery, if the personal information was, or is reasonably believed to have been,
acquired by an unauthorized person.
(c) The notification required by this section may be delayed if a law enforcement agency determines that the
notification will impede a criminal investigation. The notification required by this section shall be made promptly
after the law enforcement agency determines that it will not compromise the investigation.
(d) A person or business that is required to issue a security breach notification pursuant to this section shall
meet all of the following requirements:
(1) The security breach notification shall be written in plain language, shall be titled 'Notice of Data Breach,"
and shall present the information described in paragraph (2) under the following headings: "What Happened,"
"What Information Was Involved," "What We Are Doing," "What You Can Do," and "For More Information."
Additional information may be provided as a supplement to the notice.
(A) The format of the notice shall be designed to call attention to the nature and significance of the
information it contains.
(B) The title and headings in the notice shall be clearly and conspicuously displayed.
(C) The text of the notice and any other notice provided pursuant to this section shall be no smaller than
10-point type.
(D) For a written notice described in paragraph (1) of subdivision (j), use of the model security breach
notification form prescribed below or use of the headings described in this paragraph with the information
described in paragraph (2), written in plain language, shall be deemed to be in compliance with this
subdivision.
[NAME OF INSTITUTION / LOGO] Date: [insert date]
NOTICE OF DATA BREACH
What
Happened?
What
Information
Was
Involved?
What We
Are Doing.
What You
Can Do.
Other Important Information.
[insert other important information]
For More
Information. Call [telephone number] or go to [Internet Web site]
(E) For an electronic notice described in paragraph (2) of subdivision (j), use of the headings described in
this paragraph with the information described in paragraph (2), written in plain language, shall be deemed
to be in compliance with this subdivision.
(2) The security breach notification described in paragraph (1) shall include, at a minimum, the following
information:
(A) The name and contact information of the reporting person or business subject to this section.
(B) A list of the types of personal information that were or are reasonably believed to have been the subject
of a breach.
(C) If the information is possible to determine at the time the notice is provided, then any of the following:
(i) the date of the breach, (ii) the estimated date of the breach, or (iii) the date range within which the
breach occurred. The notification shall also include the date of the notice.
(D) Whether notification was delayed as a result of a law enforcement investigation, if that information is
possible to determine at the time the notice is provided.
97
(E) A general description of the breach incident, if that information is possible to determine at the time the
notice is provided.
(F) The toll -free telephone numbers and addresses of the major credit reporting agencies if the breach
exposed a social security number or a driver's license or California identification card number.
(G) If the person or business providing the notification was the source of the breach, an offer to provide
appropriate identity theft prevention and mitigation services, if any, shall be provided at no cost to the
affected person for not less than 12 months along with all information necessary to take advantage of the
offer to any person whose information was or may have been breached if the breach exposed or may have
exposed personal information defined in subparagraphs (A) and (B) of paragraph (1) of subdivision (h).
(3) At the discretion of the person or business, the security breach notification may also include any of the
following:
(A) Information about what the person or business has done to protect individuals whose information has
been breached.
(B) Advice on steps that the person whose information has been breached may take to protect himself or
herself.
(e) A covered entity under the federal Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Sec.
1320d et seq.) will be deemed to have complied with the notice requirements in subdivision (d) if it has complied
completely with Section 13402(f) of the federal Health Information Technology for Economic and Clinical Health
Act (Public Law 111-5). However, nothing in this subdivision shall be construed to exempt a covered entity from
any other provision of this section.
(f) A person or business that is required to issue a security breach notification pursuant to this section to more
than 500 California residents as a result of a single breach of the security system shall electronically submit a
single sample copy of that security breach notification, excluding any personally identifiable information, to the
Attorney General. A single sample copy of a security breach notification shall not be deemed to be within
subdivision (f) of Section 6254 of the Government Code.
(g) For purposes of this section, "breach of the security of the system" means unauthorized acquisition of
computerized data that compromises the security, confidentiality, or integrity of personal information maintained
by the person or business. Good faith acquisition of personal information by an employee or agent of the person
or business for the purposes of the person or business is not a breach of the security of the system, provided
that the personal information is not used or subject to further unauthorized disclosure.
(h) For purposes of this section, "personal information" means either of the following:
(1) An individual's first name or first initial and last name in combination with any one or more of the following
data elements, when either the name or the data elements are not encrypted:
(A) Social security number.
(B) Driver's license number or California identification card number.
(C) Account number, credit or debit card number, in combination with any required security code, access
code, or password that would permit access to an individual's financial account.
(D) Medical information.
(E) Health insurance information.
(F) Information or data collected through the use or operation of an automated license plate recognition
system, as defined in Section 1798.90.5.
(2) A user name or email address, in combination with a password or security question and answer that would
permit access to an online account.
(i) (1) For purposes of this section, "personal information" does not include publicly available information that is
lawfully made available to the general public from federal, state, or local government records.
(2) For purposes of this section, "medical information" means any information regarding an individual's medical
history, mental or physical condition, or medical treatment or diagnosis by a health care professional. 98
(3) For purposes of this section, "health insurance information" means an individual's health insurance policy
number or subscriber identification number, any unique identifier used by a health insurer to identify the
individual, or any information in an individual's application and claims history, including any appeals records.
(j) For purposes of this section, "notice" may be provided by one of the following methods:
(1) Written notice.
(2) Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and
signatures set forth in Section 7001 of Title 15 of the United States Code.
(3) Substitute notice, if the person or business demonstrates that the cost of providing notice would exceed
two hundred fifty thousand dollars ($250,000), or that the affected class of subject persons to be notified
exceeds 500,000, or the person or business does not have sufficient contact information. Substitute notice
shall consist of all of the following:
(A) Email notice when the person or business has an email address for the subject persons.
(B) Conspicuous posting, for a minimum of 30 days, of the notice on the Internet Web site page of the
person or business, if the person or business maintains one. For purposes of this subparagraph, conspicuous
posting on the person's or business's Internet Web site means providing a link to the notice on the home
page or first significant page after entering the Internet Web site that is in larger type than the surrounding
text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the
surrounding text of the same size by symbols or other marks that call attention to the link.
(C) Notification to major statewide media.
(4) In the case of a breach of the security of the system involving personal information defined in paragraph
(2) of subdivision (h) for an online account, and no other personal information defined in paragraph (1) of
subdivision (h), the person or business may comply with this section by providing the security breach
notification in electronic or other form that directs the person whose personal information has been breached
promptly to change his or her password and security question or answer, as applicable, or to take other steps
appropriate to protect the online account with the person or business and all other online accounts for which
the person whose personal information has been breached uses the same user name or email address and
password or security question or answer.
(5) In the case of a breach of the security of the system involving personal information defined in paragraph
(2) of subdivision (h) for login credentials of an email account furnished by the person or business, the person
or business shall not comply with this section by providing the security breach notification to that email
address, but may, instead, comply with this section by providing notice by another method described in this
subdivision or by clear and conspicuous notice delivered to the resident online when the resident is connected
to the online account from an Internet Protocol address or online location from which the person or business
knows the resident customarily accesses the account.
(k) Notwithstanding subdivision (j), a person or business that maintains its own notification procedures as part of
an information security policy for the treatment of personal information and is otherwise consistent with the
timing requirements of this part, shall be deemed to be in compliance with the notification requirements of this
section if the person or business notifies subject persons in accordance with its policies in the event of a breach
of security of the system.
SEC. 2.2. Section 1798.82 of the Civil Code is amended to read:
1798.82. (a) A person or business that conducts business in California, and that owns or licenses computerized
data that includes personal information, shall disclose a breach of the security of the system following discovery
or notification of the breach in the security of the data to a resident of California whose unencrypted personal
information was, or is reasonably believed to have been, acquired by an unauthorized person. The disclosure
shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate
needs of law enforcement, as provided in subdivision (c), or any measures necessary to determine the scope of
the breach and restore the reasonable integrity of the data system.
(b) A person or business that maintains computerized data that includes personal information that the person or
business does not own shall notify the owner or licensee of the information of the breach of the security of the
data immediately following discovery, if the personal information was, or is reasonably believed to have been,
acquired by an unauthorized person.
99
(c) The notification required by this section may be delayed if a law enforcement agency determines that the
notification will impede a criminal investigation. The notification required by this section shall be made promptly
after the law enforcement agency determines that it will not compromise the investigation.
(d) A person or business that is required to issue a security breach notification pursuant to this section shall
meet all of the following requirements:
(1) The security breach notification shall be written in plain language.
(2) The security breach notification shall include, at a minimum, the following information:
(A) The name and contact information of the reporting person or business subject to this section.
(B) A list of the types of personal information that were or are reasonably believed to have been the subject
of a breach.
(C) If the information is possible to determine at the time the notice is provided, then any of the following:
(i) the date of the breach, (ii) the estimated date of the breach, or (iii) the date range within which the
breach occurred. The notification shall also include the date of the notice.
(D) Whether notification was delayed as a result of a law enforcement investigation, if that information is
possible to determine at the time the notice is provided.
(E) A general description of the breach incident, if that information is possible to determine at the time the
notice is provided.
(F) The toll -free telephone numbers and addresses of the major credit reporting agencies if the breach
exposed a social security number or a driver's license or California identification card number.
(G) If the person or business providing the notification was the source of the breach, an offer to provide
appropriate identity theft prevention and mitigation services, if any, shall be provided at no cost to the
affected person for not less than 12 months, along with all information necessary to take advantage of the
offer to any person whose information was or may have been breached if the breach exposed or may have
exposed personal information defined in subparagraphs (A) and (B) of paragraph (1) of subdivision (h).
(3) At the discretion of the person or business, the security breach notification may also include any of the
following:
(A) Information about what the person or business has done to protect individuals whose information has
been breached.
(B) Advice on steps that the person whose information has been breached may take to protect himself or
herself.
(4) In the case of a breach of the security of the system involving personal information defined in paragraph
(2) of subdivision (h) for an online account, and no other personal information defined in paragraph (1) of
subdivision (h), the person or business may comply with this section by providing the security breach
notification in electronic or other form that directs the person whose personal information has been breached
promptly to change his or her password and security question or answer, as applicable, or to take other steps
appropriate to protect the online account with the person or business and all other online accounts for which
the person whose personal information has been breached uses the same user name or email address and
password or security question or answer.
(5) In the case of a breach of the security of the system involving personal information defined in paragraph
(2) of subdivision (h) for login credentials of an email account furnished by the person or business, the person
or business shall not comply with this section by providing the security breach notification to that email
address, but may, instead, comply with this section by providing notice by another method described in
subdivision (j) or by clear and conspicuous notice delivered to the resident online when the resident is
connected to the online account from an Internet Protocol address or online location from which the person or
business knows the resident customarily accesses the account.
(e) A covered entity under the federal Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Sec.
1320d et seq.) will be deemed to have complied with the notice requirements in subdivision (d) if it has complied
completely with Section 13402(f) of the federal Health Information Technology for Economic and Clinical Health
100
Act (Public Law 111-5). However, nothing in this subdivision shall be construed to exempt a covered entity from
any other provision of this section.
(f) A person or business that is required to issue a security breach notification pursuant to this section to more
than 500 California residents as a result of a single breach of the security system shall electronically submit a
single sample copy of that security breach notification, excluding any personally identifiable information, to the
Attorney General. A single sample copy of a security breach notification shall not be deemed to be within
subdivision (f) of Section 6254 of the Government Code.
(g) For purposes of this section, "breach of the security of the system" means unauthorized acquisition of
computerized data that compromises the security, confidentiality, or integrity of personal information maintained
by the person or business. Good faith acquisition of personal information by an employee or agent of the person
or business for the purposes of the person or business is not a breach of the security of the system, provided
that the personal information is not used or subject to further unauthorized disclosure.
(h) For purposes of this section, "personal information" means either of the following:
(1) An individual's first name or first initial and last name in combination with any one or more of the following
data elements, when either the name or the data elements are not encrypted:
(A) Social security number.
(B) Driver's license number or California identification card number.
(C) Account number, credit or debit card number, in combination with any required security code, access
code, or password that would permit access to an individual's financial account.
(D) Medical information.
(E) Health insurance information.
(F) Information or data collected through the use or operation of an automated license plate recognition
system, as defined in Section 1798.90.5.
(2) A user name or email address, in combination with a password or security question and answer that would
permit access to an online account.
(i) (1) For purposes of this section, "personal information" does not include publicly available information that is
lawfully made available to the general public from federal, state, or local government records.
(2) For purposes of this section, "medical information" means any information regarding an individual's medical
history, mental or physical condition, or medical treatment or diagnosis by a health care professional.
(3) For purposes of this section, "health insurance information" means an individual's health insurance policy
number or subscriber identification number, any unique identifier used by a health insurer to identify the
individual, or any information in an individual's application and claims history, including any appeals records.
(4) For purposes of this section, "encrypted" means rendered unusable, unreadable, or indecipherable to an
unauthorized person through a security technology or methodology generally accepted in the field of
information security.
(j) For purposes of this section, "notice" may be provided by one of the following methods:
(1) Written notice.
(2) Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and
signatures set forth in Section 7001 of Title 15 of the United States Code.
(3) Substitute notice, if the person or business demonstrates that the cost of providing notice would exceed
two hundred fifty thousand dollars ($250,000), or that the affected class of subject persons to be notified
exceeds 500,000, or the person or business does not have sufficient contact information. Substitute notice
shall consist of all of the following:
(A) Email notice when the person or business has an email address for the subject persons.
101
(B) Conspicuous posting of the notice on the Internet Web site page of the person or business, if the person
or business maintains one.
(C) Notification to major statewide media.
(k) Notwithstanding subdivision (j), a person or business that maintains its own notification procedures as part of
an information security policy for the treatment of personal information and is otherwise consistent with the
timing requirements of this part, shall be deemed to be in compliance with the notification requirements of this
section if the person or business notifies subject persons in accordance with its policies in the event of a breach
of security of the system.
SEC. 2.3. Section 1798.82 of the Civil Code is amended to read:
1798.82. (a) A person or business that conducts business in California, and that owns or licenses computerized
data that includes personal information, shall disclose a breach of the security of the system following discovery
or notification of the breach in the security of the data to a resident of California whose unencrypted personal
information was, or is reasonably believed to have been, acquired by an unauthorized person. The disclosure
shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate
needs of law enforcement, as provided in subdivision (c), or any measures necessary to determine the scope of
the breach and restore the reasonable integrity of the data system.
(b) A person or business that maintains computerized data that includes personal information that the person or
business does not own shall notify the owner or licensee of the information of the breach of the security of the
data immediately following discovery, if the personal information was, or is reasonably believed to have been,
acquired by an unauthorized person.
(c) The notification required by this section may be delayed if a law enforcement agency determines that the
notification will impede a criminal investigation. The notification required by this section shall be made promptly
after the law enforcement agency determines that it will not compromise the investigation.
(d) A person or business that is required to issue a security breach notification pursuant to this section shall
meet all of the following requirements:
(1) The security breach notification shall be written in plain language, shall be titled "Notice of Data Breach,"
and shall present the information described in paragraph (2) under the following headings: "What Happened,"
"What Information Was Involved," "What We Are Doing," "What You Can Do," and "For More Information."
Additional information may be provided as a supplement to the notice.
(A) The format of the notice shall be designed to call attention to the nature and significance of the
information it contains.
(B) The title and headings in the notice shall be clearly and conspicuously displayed.
(C) The text of the notice and any other notice provided pursuant to this section shall be no smaller than
10-point type.
(D) For a written notice described in paragraph (1) of subdivision (j), use of the model security breach
notification form prescribed below or use of the headings described in this paragraph with the information
described in paragraph (2), written in plain language, shall be deemed to be in compliance with this
subdivision.
[NAME OF INSTITUTION / LOGO] Date: [insert date]
NOTICE OF DATA BREACH
What
Happened?
102
What
Information
Was
Involved?
What We
Are Doing.
What You
Can Do.
Other Important Information.
[insert other important information]
For More
Information. Call [telephone number] or go to [Internet Web site]
(E) For an electronic notice described in paragraph (2) of subdivision (j), use of the headings described in
this paragraph with the information described in paragraph (2), written in plain language, shall be deemed
to be in compliance with this subdivision.
(2) The security breach notification described in paragraph (1) shall include, at a minimum, the following
information:
(A) The name and contact information of the reporting person or business subject to this section.
(B) A list of the types of personal information that were or are reasonably believed to have been the subject
of a breach.
(C) If the information is possible to determine at the time the notice is provided, then any of the following:
(i) the date of the breach, (ii) the estimated date of the breach, or (iii) the date range within which the
breach occurred. The notification shall also include the date of the notice.
103
(D) Whether notification was delayed as a result of a law enforcement investigation, if that information is
possible to determine at the time the notice is provided.
(E) A general description of the breach incident, if that information is possible to determine at the time the
notice is provided.
(F) The toll -free telephone numbers and addresses of the major credit reporting agencies if the breach
exposed a social security number or a driver's license or California identification card number.
(G) If the person or business providing the notification was the source of the breach, an offer to provide
appropriate identity theft prevention and mitigation services, if any, shall be provided at no cost to the
affected person for not less than 12 months along with all information necessary to take advantage of the
offer to any person whose information was or may have been breached if the breach exposed or may have
exposed personal information defined in subparagraphs (A) and (B) of paragraph (1) of subdivision (h).
(3) At the discretion of the person or business, the security breach notification may also include any of the
following:
(A) Information about what the person or business has done to protect individuals whose information has
been breached.
(B) Advice on steps that the person whose information has been breached may take to protect himself or
herself.
(e) A covered entity under the federal Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Sec.
1320d et seq.) will be deemed to have complied with the notice requirements in subdivision (d) if it has complied
completely with Section 13402(f) of the federal Health Information Technology for Economic and Clinical Health
Act (Public Law 111-5). However, nothing in this subdivision shall be construed to exempt a covered entity from
any other provision of this section.
(f) A person or business that is required to issue a security breach notification pursuant to this section to more
than 500 California residents as a result of a single breach of the security system shall electronically submit a
single sample copy of that security breach notification, excluding any personally identifiable information, to the
Attorney General. A single sample copy of a security breach notification shall not be deemed to be within
subdivision (f) of Section 6254 of the Government Code.
(g) For purposes of this section, "breach of the security of the system" means unauthorized acquisition of
computerized data that compromises the security, confidentiality, or integrity of personal information maintained
by the person or business. Good faith acquisition of personal information by an employee or agent of the person
or business for the purposes of the person or business is not a breach of the security of the system, provided
that the personal information is not used or subject to further unauthorized disclosure.
(h) For purposes of this section, "personal information" means either of the following:
(1) An individual's first name or first initial and last name in combination with any one or more of the following
data elements, when either the name or the data elements are not encrypted:
(A) Social security number.
(B) Driver's license number or California identification card number.
(C) Account number, credit or debit card number, in combination with any required security code, access
code, or password that would permit access to an individual's financial account.
(D) Medical information.
(E) Health insurance information.
(F) Information or data collected through the use or operation of an automated license plate recognition
system, as defined in Section 1798.90.5.
(2) A user name or email address, in combination with a password or security question and answer that would
permit access to an online account.
(i) (1) For purposes of this section, "personal information" does not include publicly available information that is
lawfully made available to the general public from federal, state, or local government records. 104
(2) For purposes of this section, "medical information" means any information regarding an individual's medical
history, mental or physical condition, or medical treatment or diagnosis by a health care professional.
(3) For purposes of this section, "health insurance information" means an individual's health insurance policy
number or subscriber identification number, any unique identifier used by a health insurer to identify the
individual, or any information in an individual's application and claims history, including any appeals records.
(4) For purposes of this section, "encrypted" means rendered unusable, unreadable, or indecipherable to an
unauthorized person through a security technology or methodology generally accepted in the field of
information security.
(j) For purposes of this section, "notice" may be provided by one of the following methods:
(1) Written notice.
(2) Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and
signatures set forth in Section 7001 of Title 15 of the United States Code.
(3) Substitute notice, if the person or business demonstrates that the cost of providing notice would exceed
two hundred fifty thousand dollars ($250,000), or that the affected class of subject persons to be notified
exceeds 500,000, or the person or business does not have sufficient contact information. Substitute notice
shall consist of all of the following:
(A) Email notice when the person or business has an email address for the subject persons.
(B) Conspicuous posting, for a minimum of 30 days, of the notice on the Internet Web site page of the
person or business, if the person or business maintains one. For purposes of this subparagraph, conspicuous
posting on the person's or business's Internet Web site means providing a link to the notice on the home
page or first significant page after entering the Internet Web site that is in larger type than the surrounding
text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the
surrounding text of the same size by symbols or other marks that call attention to the link.
(C) Notification to major statewide media.
(4) In the case of a breach of the security of the system involving personal information defined in paragraph
(2) of subdivision (h) for an online account, and no other personal information defined in paragraph (1) of
subdivision (h), the person or business may comply with this section by providing the security breach
notification in electronic or other form that directs the person whose personal information has been breached
promptly to change his or her password and security question or answer, as applicable, or to take other steps
appropriate to protect the online account with the person or business and all other online accounts for which
the person whose personal information has been breached uses the same user name or email address and
password or security question or answer.
(5) In the case of a breach of the security of the system involving personal information defined in paragraph
(2) of subdivision (h) for login credentials of an email account furnished by the person or business, the person
or business shall not comply with this section by providing the security breach notification to that email
address, but may, instead, comply with this section by providing notice by another method described in this
subdivision or by clear and conspicuous notice delivered to the resident online when the resident is connected
to the online account from an Internet Protocol address or online location from which the person or business
knows the resident customarily accesses the account.
(k) Notwithstanding subdivision (j), a person or business that maintains its own notification procedures as part of
an information security policy for the treatment of personal information and is otherwise consistent with the
timing requirements of this part, shall be deemed to be in compliance with the notification requirements of this
section if the person or business notifies subject persons in accordance with its policies in the event of a breach
of security of the system.
SEC. 3. Title 1.81.23 (commencing with Section 1798.90.5) is added to Part 4 of Division 3 of the Civil Code, to
read:
TITLE 1.81.23. COLLECTION OF LICENSE PLATE INFORMATION
1798.90.5. The following definitions shall apply for purposes of this title:
105
(a) "Automated license plate recognition end -user" or "ALPR end -user" means a person that accesses or uses an
ALPR system, but does not include any of the following:
(1) A transportation agency when subject to Section 31490 of the Streets and Highways Code.
(2) A person that is subject to Sections 6801 to 6809, inclusive, of Title 15 of the United States Code and state
or federal statutes or regulations implementing those sections, if the person is subject to compliance oversight
by a state or federal regulatory agency with respect to those sections.
(3) A person, other than a law enforcement agency, to whom information may be disclosed as a permissible
use pursuant to Section 2721 of Title 18 of the United States Code.
(b) "Automated license plate recognition information;' or "ALPR information" means information or data collected
through the use of an ALPR system.
(c) "Automated license plate recognition operator" or 'ALPR operator" means a person that operates an ALPR
system, but does not include a transportation agency when subject to Section 31490 of the Streets and
Highways Code.
(d) "Automated license plate recognition system" or "ALPR system" means a searchable computerized database
resulting from the operation of one or more mobile or fixed cameras combined with computer algorithms to read
and convert images of registration plates and the characters they contain into computer -readable data.
(e) "Person" means any natural person, public agency, partnership, firm, association, corporation, limited liability
company, or other legal entity.
(f) "Public agency" means the state, any city, county, or city and county, or any agency or political subdivision of
the state or a city, county, or city and county, including, but not limited to, a law enforcement agency.
1798.90.51. An ALPR operator shall do all of the following
(a) Maintain reasonable security procedures and practices, including operational, administrative, technical, and
physical safeguards, to protect ALPR information from unauthorized access, destruction, use, modification, or
disclosure.
(b) (1) Implement a usage and privacy policy in order to ensure that the collection, use, maintenance, sharing,
and dissemination of ALPR information is consistent with respect for individuals' privacy and civil liberties. The
usage and privacy policy shall be available to the public in writing, and, if the ALPR operator has an Internet Web
site, the usage and privacy policy shall be posted conspicuously on that Internet Web site.
(2) The usage and privacy policy shall, at a minimum, include all of the following:
(A) The authorized purposes for using the ALPR system and collecting ALPR information.
(B) A description of the job title or other designation of the employees and independent contractors who are
authorized to use or access the ALPR system, or to collect ALPR information. The policy shall identify the
training requirements necessary for those authorized employees and independent contractors.
(C) A description of how the ALPR system will be monitored to ensure the security of the information and
compliance with applicable privacy laws.
(D) The purposes of, process for, and restrictions on, the sale, sharing, or transfer of ALPR information to
other persons.
(E) The title of the official custodian, or owner, of the ALPR system responsible for implementing this
section.
(F) A description of the reasonable measures that will be used to ensure the accuracy of ALPR information
and correct data errors.
(G) The length of time ALPR information will be retained, and the process the ALPR operator will utilize to
determine if and when to destroy retained ALPR information.
1798.90.52. If an ALPR operator accesses or provides access to ALPR information, the ALPR operator shall do both
of the following:
106
(a) Maintain a record of that access. At a minimum, the record shall include all of the following:
(1) The date and time the information is accessed.
(2) The license plate number or other data elements used to query the ALPR system.
(3) The username of the person who accesses the information, and, as applicable, the organization or entity
with whom the person is affiliated.
(4) The purpose for accessing the information.
(b) Require that ALPR information only be used for the authorized purposes described in the usage and privacy
policy required by subdivision (b) of Section 1798.90.51.
1798.90.53. An ALPR end -user shall do all of the following:
(a) Maintain reasonable security procedures and practices, including operational, administrative, technical, and
physical safeguards, to protect ALPR information from unauthorized access, destruction, use, modification, or
disclosure.
(b) (1) Implement a usage and privacy policy in order to ensure that the access, use, sharing, and dissemination
of ALPR information is consistent with respect for individuals' privacy and civil liberties. The usage and privacy
policy shall be available to the public in writing, and, if the ALPR end -user has an Internet Web site, the usage
and privacy policy shall be posted conspicuously on that Internet Web site.
(2) The usage and privacy policy shall, at a minimum, include all of the following:
(A) The authorized purposes for accessing and using ALPR information.
(B) A description of the job title or other designation of the employees and independent contractors who are
authorized to access and use ALPR information. The policy shall identify the training requirements necessary
for those authorized employees and independent contractors.
(C) A description of how the ALPR system will be monitored to ensure the security of the information
accessed or used, and compliance with all applicable privacy laws and a process for periodic system audits.
(D) The purposes of, process for, and restrictions on, the sale, sharing, or transfer of ALPR information to
other persons.
(E) The title of the official custodian, or owner, of the ALPR information responsible for implementing this
section.
(F) A description of the reasonable measures that will be used to ensure the accuracy of ALPR information
and correct data errors.
(G) The length of time ALPR information will be retained, and the process the ALPR end -user will utilize to
determine if and when to destroy retained ALPR information.
1798.90.54. (a) In addition to any other sanctions, penalties, or remedies provided by law, an individual who has
been harmed by a violation of this title, including, but not limited to, unauthorized access or use of ALPR
information or a breach of security of an ALPR system, may bring a civil action in any court of competent
jurisdiction against a person who knowingly caused the harm.
(b) The court may award a combination of any one or more of the following:
(1) Actual damages, but not less than liquidated damages in the amount of two thousand five hundred dollars
($2,500).
(2) Punitive damages upon proof of willful or reckless disregard of the law.
(3) Reasonable attorney's fees and other litigation costs reasonably incurred.
(4) Other preliminary and equitable relief as the court determines to be appropriate.
1798.90.55. Notwithstanding any other law or regulation:
107
(a) A public agency that operates or intends to operate an ALPR system shall provide an opportunity for public
comment at a regularly scheduled public meeting of the governing body of the public agency before
implementing the program.
(b) A public agency shall not sell, share, or transfer ALPR information, except to another public agency, and only
as otherwise permitted by law. For purposes of this section, the provision of data hosting or towing services shall
not be considered the sale, sharing, or transferring of ALPR information.
SEC. 4. (a) Section 1.1 of this bill incorporates amendments to Section 1798.29 of the Civil Code proposed by
both this bill and Senate Bill 570. It shall only become operative if (1) both bills are enacted and become
effective on or before January 1, 2016, (2) each bill amends Section 1798.29 of the Civil Code, (3) Assembly Bill
964 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 570,
in which case Sections 1, 1.2, and 1.3 of this bill shall not become operative.
(b) Section 1.2 of this bill incorporates amendments to Section 1798.29 of the Civil Code proposed by both this
bill and Assembly Bill 964. It shall only become operative if (1) both bills are enacted and become effective on or
before January 1, 2016, (2) each bill amends Section 1798.29 of the Civil Code, (3) Senate Bill 570 is not
enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 964, in which
case Sections 1, 1.1, and 1.3 of this bill shall not become operative.
(c) Section 1.3 of this bill incorporates amendments to Section 1798.29 of the Civil Code proposed by this bill,
Senate Bill 570, and Assembly Bill 964. It shall only become operative if (1) all three bills are enacted and
become effective on or before January 1, 2016, (2) all three bills amend Section 1798.29 of the Civil Code, and
(3) this bill is enacted after Senate Bill 570 and Assembly Bill 964, in which case Sections 1, 1.1, and 1.2 of this
bill shall not become operative.
SEC. 5. (a) Section 2.1 of this bill incorporates amendments to Section 1798.82 of the Civil Code proposed by
both this bill and Senate Bill 570. It shall only become operative if (1) both bills are enacted and become
effective on or before January 1, 2016, (2) each bill amends Section 1798.82 of the Civil Code, (3) Assembly Bill
964 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 570,
in which case Sections 2, 2.2, and 2.3 of this bill shall not become operative.
(b) Section 2.2 of this bill incorporates amendments to Section 1798.82 of the Civil Code proposed by both this
bill and Assembly Bill 964. It shall only become operative if (1) both bills are enacted and become effective on or
before January 1, 2016, (2) each bill amends Section 1798.82 of the Civil Code, (3) Senate Bill 570 is not
enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 964, in which
case Sections 2, 2.1, and 2.3 of this bill shall not become operative.
(c) Section 2.3 of this bill incorporates amendments to Section 1798.82 of the Civil Code proposed by this bill,
Senate Bill 570, and Assembly Bill 964. It shall only become operative if (1) all three bills are enacted and
become effective on or before January 1, 2016, (2) all three bills amend Section 1798.82 of the Civil Code, and
(3) this bill is enacted after Senate Bill 570 and Assembly Bill 964, in which case Sections 2, 2.1, and 2.2 of this
bill shall not become operative.
108
ATTACHMENT 3
RIVERSIDE COUNTY SHERIFF'S DEPARTMENT
CHAD BIANCO, SHERIFF
TO: City Manager Jon McMillen
FROM: Lt. Andy Martinez
SUBJECT: Gunshot Detection Deployment in La Quinta
Attachments
1. La Quinta Cove Community — Focus Area Map
2. ShotSpotter Quote
3. Flock Safety Quote
Background
DATE: 02/27/2023
Gun violence continues to be a primary concern for La Quinta residents, specifically residents within the
La Quinta Cove community. During the years of 2020, 2021 and 2022, a total of 183, 82, and 51 reports
of gunfire were reported in La Quinta, respectively. While it is commonly known that a lot of crime is not
reported, ShotSpotter and Flock Safety assert that in cases of gun fire, the rate of unreported incidents
averages 80%. If this average is true to the La Quinta community, the actual rates of gunfire for the same
year periods could be as high as 915, 410, and 225.
Solving gun fire cases is a difficult task when we consider the little information callers have or provide
when reporting gunfire. Most callers only hear the gunfire and don't witness it, reporting that gunfire was
heard "behind" their address or "a few blocks away". The only investigative response that can be
provided is a canvass of the neighboring area for other witnesses, victims or evidence of gunfire (i.e. spent
casings on the roadway).
Gunshot detection software serves to triangulate the shots heard by strategically placed sensors within the
focus area and deliver that information to responding deputies. Rather than responding to a general area,
responses can be immediately focused to the exact origin of gunfire where deputies can begin searching
for fleeing vehicles, suspects on foot, evidence in the roadway or have a narrowed scene to begin door to
door canvasing for potential witnesses or community owned surveillance cameras.
The city of Perris is a recent customer of ShotSpotter and a contract partner of the Riverside County
Sheriff's Department. The captain of the Perris Station said they have seen a significant benefit to their
gunfire responses and investigations since the deployment of ShotSpotter and are considering increasing
the focus area in Perris.
109
Recommendation
It is recommended that council consider both ShotSpotter and Flock Safety as viable providers of Gunshot
Detection technology. The Riverside County Sheriff's Department (RCSD) doesn't not have a preference
as to either and recognizes the technology maturity of each. ShotSpotter is the first vendor to offer this
type of solution and has done so over the past decade. Flock Safety is relatively new to this segment of
the market but has proven its ability to respond to law enforcement needs and design of their technology.
Also, Flock Safety is RCSD's preferred vendor for Automated License Plate Reading (ALPR) technology
and Flock does present a benefit in having an integrated/unified system that can manage, ALPR, Gunshot
Detection, and sync with the city's existing Public Safety Camera System (PSCS).
Fiscal Impact
For the purpose of obtaining competitive quotes with the maximum benefit to the La Quinta Cove
Community, the focus area was identified to include the entire cove community and the lower ungated
residential areas along Washington St. This focus areas measured to be about 2 square miles. (See
Attachment # 1).
ShotSpotter $99,000
Flock Safety $50,000
Lt. Andv Martinez
110
.•] ShotSpotter Respond'"
39300 Civic Center Dr., Suite 300
Fremont, CA 94538-2337
Phone:888.274.6877 Fax:650.887.2106
Quotation For:
Assistant Chief Andres Martinez
La Quinta Police Department
Civic Center Campus
78-495 Calle Tampico
La Quinta, CA 92253
DATE 2023-02-27
Quotation # LAQUINTA022723
Customer ID La Quinta PD
Quotation valid until: 2023-05-28
Prepared by: M. DeSeve
Comments or Special Instructions: Respond Annual Subscription Services for one year for 2 mi2 of coverage. The
proposed services will be delivered according to the terms and conditions
contained in the ShotSpotter Respond Services Agreement. Upon acceptance of
this price quote, ShotSpotter will develop a formal proposal. ShotSpotter systems
are deployed to provide coverage for a specified area. The pricing presented below
assumes a simplified design for the proposed ShotSpotter coverage area, one that
targets the City's highest crime area(s), while avoiding a highly customized
coverage area. ShotSpotter will locate the proposed two square mile coverage
area based upon the Police Department's requirements. ShotSpotter will
collaborate with Police Department stakeholders to determine the final coverage
area location and related boundaries.
SALESPERSON
P.O. NUMBER SHIP DATE
SHIP VIA
TERMS
Silva
Electronic
Net 30
QUANTITY
DESCRIPTION
UNIT PRICE
TAXABLE?
AMOUNT
2 mi2
ShotSpotter Respond Annual Subscription
Services
$49,500* per mi2
$99,000
2 mi2
One-time ShotSpotter Service Initiation fee
Included
$0
1
One-time ShotSpotter Onboarding fee
Included
$0
SUBTOTAL
TAX RATE
SALES TAX
OTHER
TOTAL
$99,000
$0
$0
$99,000
Please contact Jason Silva at 510.513.3921 or jsilva@shotspotter.com
with any questions or to accept this quote and request a formal proposal.
*ShotSpotter's current annual subscription fee for cities the size of La Quinta is $49,500 per square mile.
Please note, this rate is available for coverage areas up to a total of two (2) square miles. Any coverage beyond
two square miles will be at ShotSpotter's standard annual subscription rate of $70,000 per square mile, plus a one-time
Service Initiation Fee of $10,000 per mi2.
THANK YOU FOR YOUR BUSINESS!
112
f ioock safety
Budgetary Quote
This document is for informational purposes only. Pricing is subject to change.
Created Date: 02/21/2023
Expiration Date: 03/31/2023
Quote Number: Q-15489
Prepared By: Jesse Mund
Phone: 7138996379
Email: jesse.mund@flocksafety.com
Address Information
Bill To:
78495 Calle Tampico
La Quinta, California 92253
Billing Company Name
Billing Contact Name:
Billing Email Address:
Billing Phone:
Billing Fax:
Terms and Conditions
CA -City of La Quinta
Contract Start Date: 03/31/2023
Subscription Term: 24 Months
Ship To:
78495 Calle Tampico
La Quinta, California 92253
Billing 50% of Annual Contract + 100% of
Frequency: Implementation Invoiced at
Signing. 25% of Annual Contract
Invoiced at First Camera
Validation. 25% of Annual Contract
Invoiced at Last Camera Validation.
Annual payments invoiced for
remainder of subscription term.
113
f ioock safety
Professional Services and One -Time Purchases
Professional Services One-time Professional Services engagement. Includes $350.00 69.00 $24,150.00
- Standard site and safety assessment, camera setup and testing,
Implementation Fee and shipping and handling in accordance with the
Flock Safety Standard Implementation Service Brief.
Hardware and Software Products
Annual recurring amounts over subscription term
Products
Product Description
Product
Product
Annual
Sales Price
Quantity
Product
Price
Falcon
Law enforcement grade infrastructure -free (solar
$2,500.00
69
$172,500.00
power + LTE) license plate recognition camera with
Vehicle Fingerprint TM technology (proprietary
machine leaming software) and real-time alerts for
unlimited users.
Raven Audio
Raven Audio detection - 1 square mile of coverage.
$25,000.00
2
$50,000.00
Detection Device -
Number of units deployed depends on geography and
lmi
density of area. Raven detection is license by
coverage area, not number of units.
Subtotal Year 1: $246,650.00
Annual Recurring Subtotal: $222,500.00
Subscription Term: 24 Months
Estimated Tax: $0.00
Contract Total: $469,150.00
114
f ioock safety
Prices shown above do not include any taxes that may apply. Any such taxes are the responsibility of Customer. This
is not an invoice — this document is a non -binding proposal for providing informational purposes only. Pricing is
subject to change. This proposal shall be valid until the documented expiration date.
115
116
STUDY SESSION ITEM NO. 3
City of La Quinta
CITY COUNCIL MEETING: March 7, 2023
STAFF REPORT
AGENDA TITLE: DISCUSS FRITZ BURNS PARK IMPROVEMENTS PROJECT NO.
2021-02 DRAFT MASTER PLAN
RECOMMENDATION
Discuss Fritz Burns Park Improvements Project No. 2021-02 Draft Master Plan.
txtc:UTIVE SUMMARY
• Fritz Burns Park (Park) is located on the corner of Avenue 52 and Avenida
Bermudas (Attachment 1) and currently contains:
o Swimming pool o Water Feature
o Children's play area o Skate park
o Picnic tables and benches o Dog park
o Restrooms o Parking lot and off-street
0 6 tennis courts parking
0 8 pickle ball courts
• The La Quinta community identified additional amenities at the Park as a priority
during the 2021 annual Community Workshop.
• A Fritz Burns Park Draft Master Plan (Draft Plan) has been developed, which
includes community feedback acquired through an initial community survey.
• The Draft Plan identifies four (4) phases to implement additional Park amenities.
(Attachment 2)
FISCAL IMPACT
The Capital Improvement Program (CIP) currently includes funding for this project in the
amount of $850,000 for master planning and design services. The detailed construction
estimates (with 15% construction contingency) for the proposed four (4) phases are
identified in Attachment 3, which include soft costs and are summarized below:
PHASE
COST ESTIMATE
Phase 1 *
$604,909
Phase 2
$3,672,539
Phase 3
$390,517
Phase 4
$1,367,126
TOTAL
$6,035,091
*Staff is currently procuring cost estimates from vendors for this phase
117
BACKGROUND/ANALYSIS
The total project area is 7.5 acres, located on the corner of Avenue 52 and Avenida
Bermudas. The Fritz Burns property was donated to the City to serve as noncommercial
public space. The property currently has a regional Park and is adjacent to the City's
Corporate Yard and Fire Station No. 32. The Park contains a swimming pool, children's
play area, picnic tables and benches, restrooms, six (6) tennis courts, eight (8) pickle ball
courts, a water feature, a skate park, a dog park, parking lot and off-street parking.
The La Quinta community identified additional amenities at the Park as a priority during
the 2021 annual Community Workshop. Subsequently, funding was included in the fiscal
year (FY) 2021/22 CIP to provide master planning services and in FY 2022/23 CIP to
provide design services.
Following a request for proposals in 2022, IN -SITE Landscape Architecture, Inc. was
selected to provide master planning services for this project and the Draft Plan was
prepared.
The Draft Plan proposes to keep most of the existing Park amenities, including courts,
skate park, playground, pool, and pool building; and identifies four (4) phases to
implement additional amenities and improvements as outlined below:
Phase 1:
Phase 2:
Phase 3:
Phase 4:
✓ Replacement of tennis court/pickle ball court shade structures;
✓ Conversion of two (2) tennis courts to eight (8) pickle ball courts.
✓ Plaza with public art play element, seating, and shade;
✓ Expanded playground with new equipment, shade, lighting, and drinking
fountains;
✓ Restroom building;
✓ Tree lined promenade with seating and picnic tables;
✓ Bicycle racks and tune-up station.
✓ Modified existing parking lot;
✓ New parking lot with tree islands;
✓ Electric Vehicle charging stations.
✓ New water playground wading pool;
✓ Expanded pool deck with shade and seating;
✓ Expanded pool equipment area.
Prepared by: Julie Mignogna, Management Analyst
Approved by: Bryan McKinney, Public Works Director/City Engineer
Attachments: 1. Project Location
2. Draft Phased Master Plan
3. Draft Phased Opinion of Probable Construction Costs
118
ATTACHMENT 1
E- A iVl
PARCEL
• Y 4
04
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_ 1.43 ACRES .. � ' • •.. .`. �,. ;�
ERIT BURNIS! .-
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MI,�S HACK LANE cDi
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119
120
ATTACHMENT 2
1i 1
% S
Preliminary Idea of the Tree -tined promenade with seating � �- -
�\ � Preliminary Idea of the eight add ltone l picklehell toads
t
—.
iJ e
Preliminary Idea of the Pool expansion with Water Playground ' _ a,�, _ /' Preliminary Idea of the Exandad PIa •• `Jt ¢; y p yground with Shade and Lighting
Fire Station
oil in in IN �� �I in
MEN 0
MIS
so
milli go in
oil
Preliminary Idea of new plaza with public an play element "' �` , _ •rl \� ` —I Option to add anew Tennis Court or P cklehell Courts
Into City of Le Qu nta Operations and Maintenance Yard
Cityit
f La Cwta n
Operations a d M tenance
Option to Keep the Existing
Dog Park and not Expand
the Parking Lot
t„
Preliminary Idea of new plaza with publican play element Mr— /
F7U It
N II
Opt
ry e
o Remove skate Park
and Expand
- � and Expand Parking Lot
Rr
—_ ta,.— D
Preliminary Idea of enhanced shading and landscaping of parking LY � ��-�y ��,. *.
•Y
(/�' (All Preliminary Ideas are subject j!langje m
) Z
® NORTH `�/ _� 3/1/23
N
121
1i 1
Preliminary Idea of the Tree -fined promenade with seating r_
Preliminary Idea otihe eight audit onel pickle11 hell coons
r
Preliminary Idea of the Pool expansion with Water Playground ' ! a,�, s /' Preliminary Idea of the Expanded Playground
,' '' � E_ nd with Shade and Lighting
• ., .... Y P Ygrou
Fire Station - IN
.
Iloilo
milliIloilo
■■ ■■ ■o `
.� rig . P. ■■ ■■ ■■ ■� - --
Preliminary Idea of new plaza with publican play element "' -�` •rl Opt on to add a new Tennis Court P klehalll Courts
Into City of La Qunta Operations and Maintenance Yard
VV Cit f La Quint,
Operations and Maintenance c
Option to Keep the Existing
Dog Park and not Expand
_ • • i — -�5 the Parking Lot
it
II
Preliminary Idea of new plaza with public an play element ♦ _ YiC " u- _T' fz �- "'�'"3u� 1 _
ma 1 i I
Option to Remove Skate Park
�• _ and Expand Parking Lot
Preliminary Idea of enhanced shading and landscaping of parking Ir �.,. • r.•• . Y * a
® aza' ao' eo' ua
NORTH _MMMMM%
(All Preliminary Ideas are subject to change)
3/1 /23
122
ATTACHMENT 3
FRITZ BURNS PARK MASTER PLAN
Opinion of Probable Construction Cost Estimate
0310112023
Item
No.
Description Unit Price
Unit Base Master Plan
Total Price
1.0
DEMOLITION
Mobilization
$ 18,000.00
AC 5.50
$99,000.00
Demolition, Miscellaneous Removals
$ 4,000.00
AC 5.50
$22,000.00
Portable Restroom w/ hand washing Station
$ 400.00
MTH 28.00
$11,200.00
Sawcut Existing Asphalt
$ 3.00
LF 814.00
$2,442.00
Demo Asphalt and Base Course
$ 3.00
SF 3,323.00
$9,969.00
Demo Existing Shrubs and irrigation
$ 1.00
SF 14,644.00
$14,644.00
Demo Existing Shrubs and stub irrigation at Planters to Remain
$ 1.00
SF 8,762.00
$8,762.00
Demo Turf
$ 1.00
SF 41,891.00
$41,891.00
Sawcut Concrete
$ 3.25
LF 278.00
$903.50
Demolish Concrete Paving
$ 3.00
SF 9,208.00
$27,624.00
Demolish Play Area Surfacing
$ 0.50
SF 6,649.00
$3,324.50
Demolish Existing Skate Park (see options)
$ 30,000.00
LS -
$0.00
Demolish Existing Overhead Structure (at Stadium Seating)
$ 5,000.00
EA 1.00
$5,000.00
Demolish Existing Overhead Structures
$ 1,000.00
EA 12.00
$12,000.00
Demo Existing Trees and Grind Roots
$ 1,500.00
EA 18.00
$27,000.00
Demo Fence
$ 3.00
LF 485.00
$1,455.00
Demo Masonry Walls
$ 10.00
LF 74.00
$740.00
Demo Concrete Curb
$ 4.00
LF 720.00
$2,880.00
SUBTOTAL "DEMOLITION" ITEMS:
$290,835.00
2.0
GRADING
Construction Water
$ 500.00
AC 5.50
$2,750.00
Cut / Fill (Assume F depth)
$ 6.00
CY 2,613.81
$15,682.89
Fine Grade
$ 0.10
SF 70,573.00
$7,057.30
Overex
$ 0.40
SF 30,089.00
$12,035.60
Erosion Control - Complete per the Erosion Control plans, SWPPP
and the RWCB requirements (Inc. Maintenance, Stabilized
Construction Entrances, etc.) 9k per AC for all phases
$ 9,000.00
AC 5.50
$49,500.00
SUBTOTAL "GRADING" ITEMS:
$87,025.79
3.0 STORM DRAIN
Storm Drain Pipe PVC 06-inch Sch. 40
Storm Drain Pipe PVC 12-inch Sch. 40
$ 40.25
LF 580.00
$23,345.00
$ 51.75
LF 550.00
$28,462.50
NDS Catch Basin 12-inch x 12-inch with Filter Insert (NDS Part No.
1200, 1212, 1200FF) 4 at the pool 8 at phase 2
$ 368.00
EA 12.00
$4,416.00
SUBTOTAL "STORM DRAIN" ITEMS:
$56,223.50
4.0 WATER
Water supply for pool play equipment
$ 40,000.00
LS 1.00
$40,000.00
Water Meter / Service/ and Backflow Preventer $ 40,000.00 EA 1.00
SUBTOTAL "WATER" ITEMS:
$40,000.00
$80,000.00
5.0
DRY UTILITIES
Below Grade Electrical Conduit and Wire Run (All required)
$ 30.00 LF 1,003.00
$30,090.00
Pullbox (All required)
$ 2,500.00 AC 3.40
$8,500.00
Above Grade Weatherproof Junction Box (1 at each Shelter)
$ 250.00 EA 11.00
$2,750.00
Event Electric Power Pedestal
$ 3,385.00 EA 1.00
$3,385.00
30 AMP Power Pedestal
$ 1,200.00 EA 1.00
$1,200.00
Park Light Type 'A'
$ 7,500.00 EA 12.00
$90,000.00
Park Light Type 'B' Bollard Light Light
$ 7,500.00 EA 16.00
$120,000.00
Park Light Type 'C' Trellis / Down Light
$ 1,200.00 EA 12.00
$14,400.00
New Tennis Court Lighting (See options)
$ 15,000.00 EA -
$0.00
Panels with feeder wire only
$ 16,200.00 EA 1.00
$16,200.00
Electrical Company - Connection $ 49,700.00 LS 1.00
SUBTOTAL "DRY UTILITY" ITEMS:
$49,700.00
$336,225.00
6.0
SURFACE IMPROVEMENTS
Construct Curb & Gutter 6"
$ 31.00 LF 930.00
$28,830.00
4-inch PCC Walkway
$ 10.00 SF 18,085.00
$180,850.00
Pickleball Court Re -surfacing and Striping (over tennis court)
$ 2.00 SF 14,115.00
$28,230.00
Pickleball Court Re -surfacing and Striping (8 existing courts)
$ 2.00 SF 14,115.00
$28,230.00
Construct Concrete Mow Curb (6-inch x 6-inch)
$ 15.00 LF 890.00
$13,350.00
Construct Curb at Tot Lot
$ 65.00 LF 443.00
$28,795.00
Construct Play Engineered Wood Fiber Safety Surface (Inc.
Subgrade/Compaction, Aggregate Class II Base,
Geotextile Fabric and Drainage.)
$ 6.00 SF 6,969.00
$41,814.00
123
FRITZ BURNS PARK MASTER PLAN
Opinion of Probable Construction Cost Estimate
0310112023
Construct Play Poured -in -place Rubber Safety Surface (Inc.
Subgrade/Compaction, Aggregate Class II Base,
Geotextile Fabric and Drainage.)
$
20.00
SF
1,760.00
$35,200.00
Construct Play Area ADA Ramp (4 Locations)
$
15.00
SF
200.00
$3,000.00
Construct Stabilized Decomposed Granite 4-inch
$
3.00
SF
1,780.00
$5,340.00
Install Truncated Domes (Inc. Cast -in -place concrete pavement, tiles,
rebar, grout joint, mortar, etc)
$
50.00
SF
30.00
$1,500.00
Construct Asphalt Paving Class II Base
$
1.50
SF
6,288.00
$9,432.00
Construct Asphalt Paving
$
3.00
SF
6,288.00
$18,864.00
Resurface Asphalt Paving
$
1.50
SF
23,024.00
$34,536.00
Rdwy Sign/Stripe (Inc. Parking, ADA Sign/Stripe, Arrows, etc)
$
8,000.00
LS
1.00
$8,000.00
SUBTOTAL "SURFACE IMPROVEMENTS" ITEMS:
$465,971.00
7.0
WALLS / FENCES / TRELLISES / SHADE STRUCTURES
Construct 5' high Tubular Steel Fence
$
50.00
LF
182.00
$9,100.00
Construct 12' high Chain Link Fence (See Options)
$
80.00
LF
-
$0.00
Paint / Refainsh Existing Tubular Steel Fence
$
5.00
LF
201.00
$1,005.00
Construct 5' high Tubular Steel Gate (Inc. Footings, Posts, Gate
Frame, Gate Latch, Lock Hasp, etc.) (3 ft. Wide Gate)
$
1,200.00
EA
2.00
$2,400.00
Construct Retaining Wall
$
150.00
LF
85.00
$12,750.00
Construct Seat Wall
$
120.00
LF
167.00
$20,040.00
Boulder Seat Walls
$
800.00
EA
70.00
$56,000.00
Shade Sail Posts
$
3,000.00
EA
7.00
$21,000.00
Shade Sail Fabric
$
5,000.00
EA
3.00
$15,000.00
Court Nets
$
2,000.00
EA
8.00
$16,000.00
Overhead Structure A - 22'X32' Custom Curved
$
76,730.00
EA
2.00
$153,460.00
Overhead Structure C - Bleachers - 24'X63'
$
154,517.50
EA
1.00
$154,517.50
Overhead Structure D - 14'X14'
$
42,281.25
EA
2.00
$84,562.50
Overhead Structure F - 14'X86'
$
132,325.75
EA
1.00
$132,325.75
Overhead Structure G- 16'X42' Custom Curved
$
67,363.75
EA
1.00
$67,363.75
Overhead Structure H - Radii
$
62,283.75
EA
4.00
$249,135.00
Temporary Site Perimeter Fence (Chain Link Fence 6-ft Height)
$
2.50
LF
3,217.00
$8,042.50
SUBTOTAL "WALLS / FENCES / TRELLISES" ITEMS:
$1,002,702.00
8.0
LANDSCAPE
Tree 24" Box
$
320.00
EA
46.00
$14,720.00
Tree 36" Box
$
800.00
EA
26.00
$20,800.00
Palm - Phoenix dactylifera
$
5,500.00
EA
17.00
$93,500.00
Root Barrier
$
9.00
LF
468.00
$4,212.00
Shrub 5 Gal
$
25.00
EA
2,396.00
$59,900.00
Turf - Bermuda Sod
$
1.00
SF
14,009.00
$14,009.00
Loose Decomposed Granite Mulch 2-inch layer (SF inc Shrub, Areas)
$
1.00
SF
30,211.00
$30,211.00
Irrigation
$
2.50
SF
44,220.00
$110,550.00
New Irrigation Controller
$
15,000.00
EA
1.00
$15,000.00
Soil Prep / Finish Grade (SF inc Shrub, Groundcover, Turf and Basin
Areas)
$
0.20
SF
44,220.00
$8,844.00
Weed Abatement
$
0.02
SF
44,220.00
$884.40
Landscape Maintenance (90 days) (SF inc Shrub, Groundcover, Turf
and Basin Areas)
$
0.20
SF
44,220.00
$8,844.00
Boulder (I2-inch- 24-inch)'Desert Select'
$
200.00
EA
25.00
$5,000.00
Boulder (24-inch - 30-inch) 'Desert Select'
$
350.00
EA
25.00
$8,750.00
Boulder (30-inch - 36-inch) 'Desert Select'
$
450.00
EA
25.00
$11,250.00
SUBTOTAL "LANDSCAPE" ITEMS:
$406,474.40
9.0
SITE FURNISHINGS
Trash Receptacle
$
1,500.00
EA
14.00
$21,000.00
Hot Coal Container
$
1,600.00
EA
2.00
$3,200.00
Drinking Fountain
$
7,000.00
EA
3.00
$21,000.00
Bike Rack (Inc. Footing)
$
1,200.00
EA
7.00
$8,400.00
Bike Tune up station (Inc. Footing)
$
3,000.00
EA
1.00
$3,000.00
BBQ Grill (Inc. Footing)
$
800.00
EA
2.00
$1,600.00
Bench
$
2,500.00
EA
18.00
$45,000.00
Table with Chairs
$
5,000.00
EA
5.00
$25,000.00
Umbrella
$
2,000.00
EA
11.00
$22,000.00
Small Table at pool Lounge Chairs
$
400.00
EA
11.00
$4,400.00
Moveable Chaise Lounge
$
1,600.00
EA
22.00
$35,200.00
Fixed Chaise Lounge
$
3,000.00
EA
18.00
$54,000.00
Picnic Table
$
3,000.00
EA
9.00
$27,000.00
Goric Modular seating Curvy Blocks at Plaza
$
750.00
EA
110.00
$82,500.00
Construct Dog Bag Dispenser (Inc. Footing, etc.)
$
350.00
EA
2.00
$700.00
SUBTOTAL "SITE FURNISHINGS" ITEMS:
124
FRITZ BURNS PARK MASTER PLAN
Opinion of Probable Construction Cost Estimate
0310112023
$354,000.00
10.0
PARK AMENITIES
New Wading Pool
$ 200,000.00 EA 1.00
$ 300,000.00 EA 1.00
$200,000.00
$300,000.00
Play Structure at Wading Pool
Play Structures at Playground
$ 250,000.00 EA 1.00
$250,000.00
Public Restroom
$ 400,000.00 EA 1.00
$400,000.00
SUBTOTAL "PARK AMENITIES" ITEMS:
$1,150,000.00
SUMMARY
Subtotal:
1.0
$290,835.00
DEMOLITION
2.0
GRADING
$87,025.79
3.0
4.0
STORM DRAIN
$56,223.50
WATER
$80,000.00
5.0
DRY UTILITIES
$336,225.00
6.0
SURFACE IMPROVEMENTS
$465,971.00
7.0
WALLS / FENCES / TRELLISES / SHADE STRUCTURES
$1,002,702.00
8.0
LANDSCAPE
$406,474.40
9.0
SITE FURNISHINGS
$354,000.00
10.0
PARK AMENITIES
$1,150,000.00
SUB TOTAL PROBABLE CONSTRUCTION COSTS: $4,2291456.69
Contigency (15%) $6341418.50
TOTAL PROBABLE CONSTRUCTION COSTS with
$4,863,875.19
Contigency:
125
FRITZ BURNS PARK MASTER PLAN
Opinion of Probable Construction Cost Estimate Phase 1
0310112023
Item
to
Description Unit Price
Unit Unit Price
Unit Base Master Plan
Total Price
1.0
DEMOLITION
Mobilization
$ 18,000.00
AC
$ 18,000.00
AC 0.80
$14,400.00
Demolition, Miscellaneous Removals
$ 4,000.00
AC
$ 4,000.00
AC 0.80
$3,200.00
Portable Restroom w/ hand washing Station
$ 400.00
MTH
$ 400.00
MTH 2.00
$800.00
Sawcut Existing Asphalt
$ 3.00
LF
$ 3.00
LF -
$0.00
Demo Asphalt and Base Course
$ 3.00
SF
$ 3.00
SF -
$0.00
Demo Existing Shrubs and irrigation
$ 1.00
SF
$ 1.00
SF -
$0.00
Demo Existing Shrubs and stub irrigation at Planters to Remain
$ 1.00
SF
$ 1.00
SF 3,005.00
$3,005.00
Demo Turf
$ 1.00
SF
$ 1.00
SF -
$0.00
Sawcut Concrete
$ 3.25
LF
$ 3.25
LF 45.00
$146.25
Demolish Concrete Paving
$ 3.00
SF
$ 3.00
SF 186.00
$558.00
Demolish Play Area Surfacing
$ 0.50
SF
$ 0.50
SF 15.00
$7.50
Demolish Existing Skate Park (see options)
$ 30,000.00
LS
$ 30,000.00
LS -
$0.00
Demolish Existing Overhead Structure (at Stadium Seating)
$ 5,000.00
EA
$ 5,000.00
EA 1.00
$5,000.00
Demolish Existing Overhead Structures
$ 1,000.00
EA
$ 1,000.00
EA -
$0.00
Demo Existing Trees and Grind Roots
$ 1,500.00
EA
$ 1,500.00
EA -
$0.00
Demo Fence
$ 3.00
LF
$ 3.00
LF -
$0.00
Demo Masonry Walls
$ 10.00
LF
$ 10.00
LF -
$0.00
Demo Concrete Curb
$ 4.00
LF
$ 4.00
LF -
$0.00
SUBTOTAL "DEMOLITION" ITEMS:
$27,116.75
2.0
GRADING
Construction Water
$ 500.00
AC
$ 500.00
AC 0.80
$400.00
Cut / Fill (Assume 1' depth)
$ 6.00
CY
$ 6.00
CY 111.30
$667.78
Fine Grade
$ 0.10
SF
$ 0.10
SF 3,005.00
$300.50
Overex
$ 0.40
SF
$ 0.40
SF -
$0.00
Erosion Control - Complete per the Erosion Control plans, SWPPP
and the RWCB requirements (Inc. Maintenance, Stabilized
Construction Entrances, etc.) 9k per AC for all phases
$ 9,000.00
AC
$ 9,000.00
AC 0.80
$7,200.00
SUBTOTAL "GRADING" ITEMS:
11 1 1 1 1 $8,568.28�
3.0 STORM DRAIN 11
Storm Drain Pipe PVC 06-inch Sch. 40 $ 40.25 LF $ 40.25 LF - $0.00
Storm Drain Pipe PVC 12-inch Sch. 40 $ 51.75 LF $ 51.75 LF - $0.00
NDS Catch Basin 12-inch x 12-inch with Filter Insert (NDS Part No. $ 368.00 EA $ 368.00 EA - $0.00
1200, 1212, 1200FF) 4 at the pool 8 at phase 2
SUBTOTAL "STORM DRAIN" ITEMS:
4.0 WATER
Water supply for pool play equipment $ 40,000.00 LS $ 40,000.00 LS - $0.00
Water Meter / Service/ and Backflow Preventer $ 40,000.00 EA $ 40,000.00 EA - $0.00
SUBTOTAL "WATER" ITEMS:
$0.00
5.0
DRY UTILITIES
Below Grade Electrical Conduit and Wire Run (All required)
$
30.00
LF
$
30.00
LF
134.00
$4,020.00
Pullbox (All required)
$
2,500.00
AC
$
2,500.00
AC
-
$0.00
Above Grade Weatherproof Junction Box (1 at each Shelter)
$
250.00
EA
$
250.00
EA
4.00
$1,000.00
Event Electric Power Pedestal
$
3,385.00
EA
$
3,385.00
EA
-
$0.00
30 AMP Power Pedestal
$
1,200.00
EA
$
1,200.00
EA
-
$0.00
Park Light Type 'A'
$
7,500.00
EA
$
7,500.00
EA
1.00
$7,500.00
Park Light Type'B' Bollard Light Light
$
7,500.00
EA
$
7,500.00
EA
-
$0.00
Park Light Type'C' Trellis / Down Light
$
1,200.00
EA
$
1,200.00
EA
8.00
$9,600.00
New Tennis Court Lighting (See options)
$
15,000.00
EA
$
15,000.00
EA
-
$0.00
Panels with feeder wire only
$
16,200.00
EA
$
16,200.00
EA
-
$0.00
Electrical Company - Connection
$
49,700.00
LS
$
49,700.00
LS
-
$0.00
SUBTOTAL "DRY UTILITY" ITEMS:
$22,120.00
6.0
SURFACE IMPROVEMENTS
Construct Curb & Gutter 6"
$
31.00
LF
$
31.00
LF
-
$0.00
4-inch PCC Walkway
$
10.00
SF
$
10.00
SF
-
$0.00
Pickleball Court Re -surfacing and Striping (over tennis court)
$
2.00
SF
$
2.00
SF
14,115.00
$28,230.00
Pickleball Court Re -surfacing and Striping (8 existing courts)
$
2.00
SF
$
2.00
SF
14,115.00
$28,230.00
Construct Concrete Mow Curb (6-inch x 6-inch)
$
15.00
LF
$
15.00
LF
-
$0.00
Construct Curb at Tot Lot
$
65.00
LF
$
65.00
LF
-
$0.00
Construct Play Engineered Wood Fiber Safety Surface (Inc.
Subgrade/Compaction, Aggregate Class II Base,
Geotextile Fabric and Drainage.)
$
6.00
SF
$
6.00
SF
-
$0.00
Construct Play Poured -in -place Rubber Safety Surface (Inc.
Subgrade/Compaction, Aggregate Class II Base,
Geotextile Fabric and Drainage.)
$
20.00
SF
$
20.00
SF
-
$0.00
Construct Play Area ADA Ramp (4 Locations)
$
15.00
SF
$
15.00
SF
-
$0.00
126
FRITZ BURNS PARK MASTER PLAN
Opinion of Probable Construction Cost Estimate Phase 1
0310112023
Construct Stabilized Decomposed Granite 4-inch
$ 3.00 SF
$ 3.00 SF -
$0.00
Install Truncated Domes (Inc. Cast -in -place concrete pavement,
tiles, rebar, grout joint, mortar, etc)
$ 50.00
SF
$ 50.00
SF -
$0.00
Construct Asphalt Paving Class II Base
$ 1.50
SF
$ 1.50
SF -
$0.00
Construct Asphalt Paving
$ 3.00
SF
$ 3.00
SF -
$0.00
Resurface Asphalt Paving
$ 1.50
SF
$ 1.50
SF -
$0.00
Rdwy Sign/Stripe (Inc. Parking, ADA Sign/Stripe, Arrows, etc)
$ 8,000.00
LS
$ 8,000.00
LS -
$0.00
SUBTOTAL "SURFACE IMPROVEMENTS" ITEMS:
$56,460.00
7.0
WALLS / FENCES / TRELLISES / SHADE STRUCTURES
Construct Thigh Tubular Steel Fence
$
50.00
LF
$
50.00
LF
-
$0.00
Construct 12' high Chain Link Fence (See Options)
$
80.00
LF
$
80.00
LF
$0.00
Paint / Refninsh Existing Tubular Steel Fence
$
5.00
LF
$
5.00
LF
-
$0.00
Construct Thigh Tubular Steel Gate (Inc. Footings, Posts, Gate
Frame, Gate Latch, Lock Hasp, etc.) (3 ft. Wide Gate)
$
1,200.00
EA
$
1,200.00
EA
-
$0.00
Construct Retaining Wall
$
150.00
LF
$
150.00
LF
-
$0.00
Construct Seat Wall
$
120.00
LF
$
120.00
LF
-
$0.00
Boulder Seat Walls
$
800.00
EA
$
800.00
EA
-
$0.00
Shade Sail Posts
$
3,000.00
EA
$
3,000.00
EA
-
$0.00
Shade Sail Fabric
$
5,000.00
EA
$
5,000.00
EA
-
$0.00
Court Nets
$
2,000.00
EA
$
2,000.00
EA
8.00
$16,000.00
Overhead Structure A - 22'X32' Custom Curved
$
76,730.00
EA
$
76,730.00
EA
-
$0.00
Overhead Structure C - Bleachers - 24'X63'
$
154,517.50
EA
$
154,517.50
EA
1.00
$154,517.50
Overhead Structure D - 14'X14'
$
42,281.25
EA
$
42,281.25
EA
2.00
$84,562.50
Overhead Structure F - 14'X86'
$
132,325.75
EA
$
132,325.75
EA
1.00
$132,325.75
Overhead Structure G- 16'X42' Custom Curved
$
67,363.75
EA
$
67,363.75
EA
-
$0.00
Overhead Structure H - Radii
$
62,283.75
EA
$
62,283.75
EA
-
$0.00
Temporary Site Perimeter Fence (Chain Link Fence 6-ft Height)
$
2.50
LF
$
2.50
LF
315.00
$787.50
SUBTOTAL "WALLS / FENCES / TRELLISES" ITEMS:
$388 193.25
8.0
LANDSCAPE
Tree 24" Box
$
320.00
EA
$
320.00
EA
1.00
$320.00
Tree 36" Box
$
800.00
EA
$
800.00
EA
-
$0.00
Palm - Phoenix dactylifera
$
5,500.00
EA
$
5,500.00
EA
-
$0.00
Root Barrier
$
9.00
LF
$
9.00
LF
-
$0.00
Shrub 5 Gal
$
25.00
EA
$
25.00
EA
338.00
$8,450.00
Turf - Bermuda Sod
$
1.00
SF
$
1.00
SF
-
$0.00
Loose Decomposed Granite Mulch 2-inch layer (SF inc Shrub,
Areas)
$
1.00
SF
$
1.00
SF
3,005.00
$3,005.00
Irrigation
$
2.50
SF
$
2.50
SF
3,005.00
$7,512.50
New Irrigation Controller
$
15,000.00
EA
$
15,000.00
EA
-
$0.00
Soil Prep / Finish Grade (SF inc Shrub, Groundcover, Turf and Basin
Areas)
$
0.20
SF
$
0.20
SF
3,005.00
$601.00
Weed Abatement
$
0.02
SF
$
0.02
SF
3,005.00
$60.10
Landscape Maintenance (90 days) (SF inc Shrub, Groundcover, Turf
and Basin Areas)
$
0.20
SF
$
0.20
SF
3,005.00
$601.00
Boulder (12-inch - 24-inch)'Desert Select'
$
200.00
EA
$
200.00
EA
-
$0.00
Boulder (24-inch - 30-inch) 'Desert Select'
$
350.00
EA
$
350.00
EA
-
$0.00
Boulder (30-inch - 36-inch) 'Desert Select'
$
450.00
EA
$
450.00
EA
-
$0.00
SUBTOTAL "LANDSCAPE" ITEMS:
$20,549.60
9.0
SITE FURNISHINGS
Trash Receptacle
$
1,500.00
EA
$
1,500.00
EA
2.00
$3,000.00
Hot Coal Container
$
1,600.00
EA
$
1,600.00
EA
-
$0.00
Drinking Fountain
$
7,000.00
EA
$
7,000.00
EA
-
$0.00
Bike Rack (Inc. Footing)
$
1,200.00
EA
$
1,200.00
EA
-
$0.00
Bike Tune up station (Inc. Footing)
$
3,000.00
EA
$
3,000.00
EA
-
$0.00
BBQ Grill (Inc. Footing)
$
800.00
EA
$
800.00
EA
-
$0.00
Bench
$
2,500.00
EA
$
2,500.00
EA
-
$0.00
Table with Chairs
$
5,000.00
EA
$
5,000.00
EA
-
$0.00
Umbrella
$
2,000.00
EA
$
2,000.00
EA
-
$0.00
Small Table at pool Lounge Chairs
$
400.00
EA
$
400.00
EA
-
$0.00
Moveable Chaise Lounge
$
1,600.00
EA
$
1,600.00
EA
-
$0.00
Fixed Chaise Lounge
$
3,000.00
EA
$
3,000.00
EA
-
$0.00
Picnic Table
$
3,000.00
EA
$
3,000.00
EA
-
$0.00
Goric Modular seating Curvy Blocks at Plaza
$
750.00
EA
$
750.00
EA
-
$0.00
Construct Dog Bag Dispenser (Inc. Footing, etc.)
$
350.00
EA
$
350.00
EA
-
$0.00
SUBTOTAL "SITE FURNISHINGS" ITEMS:
$3,000.00
10.0
PARK AMENITIES
New Wading Pool
$ 200,000.00 EA
$ 200,000.00 EA -
$0.00
Play Structure at Wading Pool
$ 300,000.00 EA
$ 300,000.00 EA -
$0.00
Play Structures at Playground
$ 250,000.00 EA
$ 250,000.00 EA -
$0.00
Public Restroom
$ 400,000.00 EA
$ 400,000.00 EA -
$0.00
127
FRITZ BURNS PARK MASTER PLAN
Opinion of Probable Construction Cost Estimate Phase 1
0310112023
SUBTOTAL "PARK AMENITIES" ITEMS:
$0.00
IE
SUMMARY
Subtotal:
1.0
$27,116.75
DEMOLITION
2.0
GRADING
$8,568.28
3.0
STORM DRAIN
$0.00
4.0
WATER
$0.00
5.0
DRY UTILITIES
$22,120.00
6.0
SURFACE IMPROVEMENTS
$56,460.00
7.0
WALLS / FENCES / TRELLISES / SHADE STRUCTURES
$388,193.25
8.0
LANDSCAPE
$20,549.60
9.0
SITE FURNISHINGS
$3,000.00
10.0
PARK AMENITIES
$0.00
SUB TOTAL PROBABLE CONSTRUCTION COSTS: $526,007.88
Contigency (15%) $78,901.18
TOTAL PROBABLE CONSTRUCTION COSTS with
C$604,909.06
ontigency:
128
FRITZ BURNS PARK MASTER PLAN
Opinion of Probable Construction Cost Estimate Phase 2
0310112023
Item
No.
Description Unit Price
Unit Unit Price
Unit Base Master Plan
Total Price
1.0
DEMOLITION
Mobilization
$ 18,000.00
AC
$ 18,000.00
AC 2.90
$52,200.00
Demolition, Miscellaneous Removals
$ 4,000.00
AC
$ 4,000.00
AC 2.90
$11,600.00
Portable Restroom w/ hand washing Station
$ 400.00
MTH
$ 400.00
MTH 12.00
$4,800.00
Sawcut Existing Asphalt
$ 3.00
LF
$ 3.00
LF -
$0.00
Demo Asphalt and Base Course
$ 3.00
SF
$ 3.00
SF 1,170.00
$3,510.00
Demo Existing Shrubs and irrigation
$ 1.00
SF
$ 1.00
SF 13,886.00
$13,886.00
Demo Existing Shrubs and stub irrigation at Planters to Remain
$ 1.00
SF
$ 1.00
SF 409.00
$409.00
Demo Turf
$ 1.00
SF
$ 1.00
SF 30,589.00
$30,589.00
Sawcut Concrete
$ 3.25
LF
$ 3.25
LF 233.00
$757.25
Demolish Concrete Paving
$ 3.00
SF
$ 3.00
SF 9,022.00
$27,066.00
Demolish Play Area Surfacing
$ 0.50
SF
$ 0.50
SF 6,634.00
$3,317.00
Demolish Existing Skate Park (see options)
$ 30,000.00
LS
$ 30,000.00
LS -
$0.00
Demolish Existing Overhead Structure (at Stadium Seating)
$ 5,000.00
EA
$ 5,000.00
EA -
$0.00
Demolish Existing Overhead Structures
$ 1,000.00
EA
$ 1,000.00
EA 8.00
$8,000.00
Demo Existing Trees and Grind Roots
$ 1,500.00
EA
$ 1,500.00
EA 7.00
$10,500.00
Demo Fence
$ 3.00
LF
$ 3.00
LF -
$0.00
Demo Masonry Walls
$ 10.00
LF
$ 10.00
LF 74.00
$740.00
Demo Concrete Curb
$ 4.00
LF
$ 4.00
LF 597.00
$2,388.00
SUBTOTAL "DEMOLITION" ITEMS:
$169,762.25
2.0
GRADING
Construction Water
$ 500.00
AC
$ 500.00
AC 2.90
$1,450.00
Cut / Fill (Assume F depth)
$ 6.00
CY
$ 6.00
CY 1,867.85
$11,207.11
Fine Grade
$ 0.10
SF
$ 0.10
SF 50,432.00
$5,043.20
Overex
$ 0.40
SF
$ 0.40
SF 18,485.00
$7,394.00
Erosion Control - Complete per the Erosion Control plans, SWPPP
and the RWCB requirements (Inc. Maintenance, Stabilized
Construction Entrances, etc.) 9k per AC for all phases
$ 9,000.00
AC
$ 9,000.00
AC 2.90
$26,100.00
SUBTOTAL "GRADING" ITEMS:
$51,194.31
3.0 STORM DRAIN
Storm Drain Pipe PVC 06-inch Sch. 40
Storm Drain Pipe PVC 12-inch Sch. 40
$ 40.25
LF
$ 40.25
LF 350.00
$14,087.50
$ 51.75
LF
$ 51.75
LF 550.00
$28,462.50
NDS Catch Basin 12-inch x 12-inch with Filter Insert (NDS Part No.
1200, 1212, 1200FF) 4 at the pool 8 at phase 2
$ 368.00
EA
$ 368.00
EA 8.00
$2,944.00
SUBTOTAL "STORM DRAIN" ITEMS:
$45,494.00
4.0
WATER
Water supply for pool play equipment
$ 40,000.00 LS
$ 40,000.00
LS -
$0.00
Water Meter / Service/ and Backflow Preventer
$ 40,000.00 EA
$ 40,000.00
EA -
$0.00
SUBTOTAL "WATER" ITEMS:
$0.00
5.0
DRY UTILITIES
Below Grade Electrical Conduit and Wire Run (All required)
$
30.00
LF
$
30.00
LF
869.00
$26,070.00
Pullbox (All required)
$
2,500.00
AC
$
2,500.00
AC
2.90
$7,250.00
Above Grade Weatherproof Junction Box (1 at each Shelter)
$
250.00
EA
$
250.00
EA
6.00
$1,500.00
Event Electric Power Pedestal
$
3,385.00
EA
$
3,385.00
EA
-
$0.00
30 AMP Power Pedestal
$
1,200.00
EA
$
1,200.00
EA
-
$0.00
Park Light Type 'A'
$
7,500.00
EA
$
7,500.00
EA
7.00
$52,500.00
Park Light Type 'B' Bollard Light Light
$
7,500.00
EA
$
7,500.00
EA
16.00
$120,000.00
Park Light Type 'C' Trellis / Down Light
$
1,200.00
EA
$
1,200.00
EA
2.00
$2,400.00
New Tennis Court Lighting (See options)
$
15,000.00
EA
$
15,000.00
EA
-
$0.00
Panels with feeder wire only
$
16,200.00
EA
$
16,200.00
EA
-
$0.00
Electrical Company - Connection
$
49,700.00
LS
$
49,700.00
LS
-
$0.00
SUBTOTAL "DRY UTILITY" ITEMS:
$209,720.00
6.0
SURFACE IMPROVEMENTS
Construct Curb & Gutter 6"
$
31.00
LF
$
31.00
LF
-
$0.00
4-inch PCC Walkway
$
10.00
SF
$
10.00
SF
14,995.00
$149,950.00
Pickleball Court Re -surfacing and Striping (over tennis court)
$
2.00
SF
$
2.00
SF
-
$0.00
Pickleball Court Re -surfacing and Striping (8 existing courts)
$
2.00
SF
$
2.00
SF
-
$0.00
Construct Concrete Mow Curb (6-inch x 6-inch)
$
15.00
LF
$
15.00
LF
890.00
$13,350.00
Construct Curb at Tot Lot
$
65.00
LF
$
65.00
LF
443.00
$28,795.00
Construct Play Engineered Wood Fiber Safety Surface (Inc.
Subgrade/Compaction, Aggregate Class II Base,
Geotextile Fabric and Drainage.)
$
6.00
SF
6.00
SF
6,969.00
$41,814.00
Construct Play Poured -in -place Rubber Safety Surface (Inc.
Subgrade/Compaction, Aggregate Class 11 Base,
Geotextile Fabric and Drainage.)
$
20.00
SF
$
20.00
SF
1,760.00
$35,200.00
Construct Play Area ADA Ramp (4 Locations)
$
15.00
SF
$
15.00
SF
200.00
$3,000.00
Construct Stabilized Decomposed Granite 4-inch
$
3.00
SF
$
3.00
SF
1,780.00
$5,340.00
129
FRITZ BURNS PARK MASTER PLAN
Opinion of Probable Construction Cost Estimate Phase 2
0310112023
Install Truncated Domes (Inc. Cast -in -place concrete pavement, tiles,
rebar, grout joint, mortar, etc)
$ 50.00
SF
$ 50.00
SF 30.00
$1,500.00
Construct Asphalt Paving Class II Base
$ 1.50
SF
$ 1.50
SF -
$0.00
Construct Asphalt Paving
$ 3.00
SF
$ 3.00
SF -
$0.00
Resurface Asphalt Paving
$ 1.50
SF
$ 1.50
SF -
$0.00
Rdwy Sign/Stripe (Inc. Parking, ADA Sign/Stripe, Arrows, etc)
$ 8,000.00
LS
$ 8,000.00
LS -
$0.00
SUBTOTAL "SURFACE IMPROVEMENTS" ITEMS:
$278,949.00
7.0
WALLS / FENCES / TRELLISES / SHADE STRUCTURES
Construct 5' high Tubular Steel Fence
$
50.00
LF
$
50.00
LF
-
$0.00
Construct 12' high Chain Link Fence (See Options)
$
80.00
LF
$
80.00
LF
$0.00
Paint / Refninsh Existing Tubular Steel Fence
$
5.00
LF
$
5.00
LF
-
$0.00
Construct 5' high Tubular Steel Gate (Inc. Footings, Posts, Gate
Frame, Gate Latch, Lock Hasp, etc.) (3 ft. Wide Gate)
$
1,200.00
EA
$
1,200.00
EA
-
$0.00
Construct Retaining Wall
$
150.00
LF
$
150.00
LF
85.00
$12,750.00
Construct Seat Wall
$
120.00
LF
$
120.00
LF
167.00
$20,040.00
Boulder Seat Walls
$
800.00
EA
$
800.00
EA
70.00
$56,000.00
Shade Sail Posts
$
3,000.00
EA
$
3,000.00
EA
7.00
$21,000.00
Shade Sail Fabric
$
5,000.00
EA
$
5,000.00
EA
3.00
$15,000.00
Court Nets
$
2,000.00
EA
$
2,000.00
EA
-
$0.00
Overhead Structure A - 22'X32' Custom Curved
$
76,730.00
EA
$
76,730.00
EA
2.00
$153,460.00
Overhead Structure C - Bleachers - 24'X63'
$
154,517.50
EA
$
154,517.50
EA
-
$0.00
Overhead Structure D - 14'X14'
$
42,281.25
EA
$
42,281.25
EA
-
$0.00
Overhead Structure F - 14'X86'
$
132,325.75
EA
$
132,325.75
EA
-
$0.00
Overhead Structure G- 16'X42' Custom Curved
$
67,363.75
EA
$
67,363.75
EA
-
$0.00
Overhead Structure H - Radii
$
62,283.75
EA
$
62,283.75
EA
4.00
$249,135.00
Temporary Site Perimeter Fence (Chain Link Fence 6-ft Height)
$
2.50
LF
$
2.50
LF
1,643.00
$4,107.50
SUBTOTAL "WALLS / FENCES / TRELLISES" ITEMS: ft
$531,492.50
8.0
LANDSCAPE
Tree 24" Box
$
320.00
EA
$
320.00
EA
25.00
$8,000.00
Tree 36" Box
$
800.00
EA
$
800.00
EA
26.00
$20,800.00
Palm - Phoenix dactylifera
$
5,500.00
EA
$
5,500.00
EA
16.00
$88,000.00
Root Barrier
$
9.00
LF
$
9.00
LF
228.00
$2,052.00
Shrub 5 Gal
$
25.00
EA
$
25.00
EA
1,468.00
$36,700.00
Turf - Bermuda Sod
$
1.00
SF
$
1.00
SF
14,009.00
$14,009.00
Loose Decomposed Granite Mulch 2-inch layer (SF inc Shrub, Areas)
$
1.00
SF
$
1.00
SF
19,448.00
$19,448.00
Irrigation
$
2.50
SF
$
2.50
SF
33,457.00
$83,642.50
New Irrigation Controller
$
15,000.00
EA
$
15,000.00
EA
1.00
$15,000.00
Soil Prep / Finish Grade (SF inc Shrub, Groundcover, Turf and Basin
Areas)
$
0.20
SF
$
0.20
SF
33,457.00
$6,691.40
Weed Abatement
$
0.02
SF
$
0.02
SF
33,457.00
$669.14
Landscape Maintenance (90 days) (SF inc Shrub, Groundcover, Turf
and Basin Areas)
$
0.20
SF
0.20
SF
33,457.00
$6,691.40
Boulder (12-inch - 24-inch) 'Desert Select'
$
200.00
EA
$
200.00
EA
15.00
$3,000.00
Boulder (24-inch - 30-inch) 'Desert Select'
$
350.00
EA
$
350.00
EA
15.00
$5,250.00
Boulder (30-inch - 36-inch) 'Desert Select'
$
450.00
EA
$
450.00
EA
15.00
$6,750.00
SUBTOTAL "LANDSCAPE" ITEMS:
$316,703.44
9.0
SITE FURNISHINGS
Trash Receptacle
$
1,500.00
EA
$
1,500.00
EA
8.00
$12,000.00
Hot Coal Container
$
1,600.00
EA
$
1,600.00
EA
2.00
$3,200.00
Drinking Fountain
$
7,000.00
EA
$
7,000.00
EA
2.00
$14,000.00
Bike Rack (Inc. Footing)
$
1,200.00
EA
$
1,200.00
EA
7.00
$8,400.00
Bike Tune up station (Inc. Footing)
$
3,000.00
EA
$
3,000.00
EA
1.00
$3,000.00
BBQ Grill (Inc. Footing)
$
800.00
EA
$
800.00
EA
2.00
$1,600.00
Bench
$
2,500.00
EA
$
2,500.00
EA
18.00
$45,000.00
Table with Chairs
$
5,000.00
EA
$
5,000.00
EA
-
$0.00
Umbrella
$
2,000.00
EA
$
2,000.00
EA
-
$0.00
Small Table at pool Lounge Chairs
$
400.00
EA
$
400.00
EA
-
$0.00
Moveable Chaise Lounge
$
1,600.00
EA
$
1,600.00
EA
-
$0.00
Fixed Chaise Lounge
$
3,000.00
EA
$
3,000.00
EA
18.00
$54,000.00
Picnic Table
$
3,000.00
EA
$
3,000.00
EA
9.00
$27,000.00
Goric Modular seating Curvy Blocks at Plaza
$
750.00
EA
$
750.00
EA
110.00
$82,500.00
Construct Dog Bag Dispenser (Inc. Footing, etc.)
$
350.00
EA
$
350.00
EA
2.00
$700.00
SUBTOTAL "SITE FURNISHINGS" ITEMS:
$251,400.00
10.0
PARK AMENITIES
New Wading Pool
$ 200,000.00 EA
$ 200,000.00 EA -
$0.00
Play Structure at Wading Pool
$ 300,000.00 EA
$ 300,000.00 EA -
$0.00
Play Structures at Playground
$ 250,000.00 EA
$ 250,000.00 EA 1.00
$250,000.00
Public Restroom
$ 400,000.00 EA
$ 400,000.00 EA 1.00
$400,000.00
SUBTOTAL "PARK AMENITIES" ITEMS:
$650,000.00
230
IIFRITZ BURNS PARK MASTER PLAN II
110m ion of Probable Construction Cost Estimate Phase 2 II
0310112023
II SUMMARY I Subtotal: II
1.0
2.0
3.0
4.0
5.0
6.0
7.0
8.0
9.0
10.0
DEMOLITION
GRADING
STORM DRAIN
WATER
DRY UTILITIES
SURFACE IMPROVEMENTS
WALLS/FENCES/TRELLISES/SHADE STRUCTURES
LANDSCAPE
SITE FURNISHINGS
PARK AMENITIES
$169,762.25
$51,194.31
$45,494.00
$0.00
$209,720.00
$278,949.00
$531,492.50
$316,703.44
$251,400.00
$650,000.00
SUB TOTAL PROBABLE CONSTRUCTION COSTS: $2,504,715.50
Contigency (15%) $375,707.33
TOTAL PROBABLE CONSTRUCTION COSTS with
$2,880,422.83
Contigency:
131
FRITZ BURNS PARK MASTER PLAN
Opinion of Probable Construction Cost Estimate Phase 3
0310112023
Item
No.
Description Unit Price
Unit Unit Price
Unit Base Master Plan
Total Price
1.0
DEMOLITION
Mobilization
$ 18,000.00
AC
$ 18,000.00
AC 1.30
$23,400.00
Demolition, Miscellaneous Removals
$ 4,000.00
AC
$ 4,000.00
LS 1.30
$5,200.00
Portable Restroom w/ hand washing Station
$ 400.00
MTH
$ 400.00
MTH 2.00
$800.00
Sawcut Existing Asphalt
$ 3.00
LF
$ 3.00
LF 814.00
$2,442.00
Demo Asphalt and Base Course
$ 3.00
SF
$ 3.00
SF 2,153.00
$6,459.00
Demo Existing Shrubs and irrigation
$ 1.00
SF
$ 1.00
SF 456.00
$456.00
Demo Existing Shrubs and stub irrigation at Planters to Remain
$ 1.00
SF
$ 1.00
SF 5,348.00
$5,348.00
Demo Turf
$ 1.00
SF
$ 1.00
SF 7,023.00
$7,023.00
Sawcut Concrete
$ 3.25
LF
$ 3.25
LF -
$0.00
Demolish Concrete Paving
$ 3.00
SF
$ 3.00
SF -
$0.00
Demolish Play Area Surfacing
$ 0.50
SF
$ 0.50
SF -
$0.00
Demolish Existing Skate Park (see options)
$ 30,000.00
LS
$ 30,000.00
LS -
$0.00
Demolish Existing Overhead Structure (at Stadium Seating)
$ 5,000.00
EA
$ 5,000.00
EA -
$0.00
Demolish Existing Overhead Structures
$ 1,000.00
EA
$ 1,000.00
EA 4.00
$4,000.00
Demo Existing Trees and Grind Roots
$ 1,500.00
EA
$ 1,500.00
EA 11.00
$16,500.00
Demo Fence
$ 3.00
LF
$ 3.00
LF 378.00
$1,134.00
Demo Masonry Walls
$ 10.00
LF
$ 10.00
LF -
$0.00
Demo Concrete Curb
$ 4.00
LF
$ 4.00
LF 123.00
$492.00
SUBTOTAL "DEMOLITION" ITEMS:
$73,254.00
2.0
GRADING
Construction Water
$ 500.00
AC
$ 500.00
AC 1.30
$650.00
Cut / Fill (Assume I'depth)
$ 6.00
CY
$ 6.00
CY 528.81
$3,172.89
Fine Grade
$ 0.10
SF
$ 0.10
SF 14,278.00
$1,427.80
Overex
$ 0.40
SF
$ 0.40
SF 7,023.00
$2,809.20
Erosion Control - Complete per the Erosion Control plans, SWPPP
and the RWCB requirements (Inc. Maintenance, Stabilized
Construction Entrances, etc.) 9k per AC for all phases
$ 9,000.00
AC
$ 9,000.00
AC 1.30
$11,700.00
SURTOTAL "GRADING"' ITF.MR!
$19,759.89
3.0 STORM DRAIN
Storm Drain Pipe PVC 06-inch Sch. 40
Storm Drain Pipe PVC 12-inch Sch. 40
$ 40.25
LF
$ 40.25
LF -
$0.00
$ 51.75
LF
$ 51.75
LF -
$0.00
NDS Catch Basin 12-inch x 12-inch with Filter Insert (NDS Part No.
1200, 1212, 1200FF) 4 at the pool 8 at phase 2
$ 368.00
EA
$ 368.00
EA -
$0.00
SUBTOTAL "STORM DRAIN" ITEMS:
4.0 WATER
Water supply for pool play equipment $ 40,000.00 LS $ 40,000.00 LS - $0.00
Water Meter / Service/ and Backflow Preventer $ 40,000.00 EA $ 40,000.00 EA - $0.00
SURTnTAT. "WATER" ITEMSc
L
$0.00
5.0
DRY UTILITIES
Below Grade Electrical Conduit and Wire Run (All required)
$
30.00
LF
$
30.00
LF -
$0.00
Pullbox (All required)
$
2,500.00
AC
$
2,500.00
AC -
$0.00
Above Grade Weatherproof Junction Box (1 at each Shelter)
$
250.00
EA
$
250.00
EA -
$0.00
Event Electric Power Pedestal
$
3,385.00
EA
$
3,385.00
EA -
$0.00
30 AMP Power Pedestal
$
1,200.00
EA
$
1,200.00
EA -
$0.00
Park Light Type 'A'
$
7,500.00
EA
$
7,500.00
EA -
$0.00
Park Light Type'B' Bollard Light Light
$
7,500.00
EA
$
7,500.00
EA -
$0.00
Park Light Type 'C' Trellis / Down Light
$
1,200.00
EA
$
1,200.00
EA -
$0.00
New Tennis Court Lighting (See options)
$
15,000.00
EA
$
15,000.00
EA -
$0.00
Panels with feeder wire only
$
16,200.00
EA
$
16,200.00
EA -
$0.00
Electrical Company - Connection
$
49,700.00
LS
$
49,700.00
LS -
$0.00
SUBTOTAL "DRY UTILITY" ITEMS:
$0.00
6.0
SURFACE IMPROVEMENTS
Construct Curb & Gutter 6"
$
31.00
LF
$
31.00
LF
930.00
$28,830.00
4-inch PCC Walkway
$
10.00
SF
$
10.00
SF
232.00
$2,320.00
Pickleball Court Re -surfacing and Striping (over tennis court)
$
2.00
SF
$
2.00
SF
-
$0.00
Pickleball Court Re -surfacing and Striping (8 existing courts)
$
2.00
SF
$
2.00
SF
-
$0.00
Construct Concrete Mow Curb (6-inch x 6-inch)
$
15.00
LF
$
15.00
LF
-
$0.00
Construct Curb at Tot Lot
$
65.00
LF
$
65.00
LF
-
$0.00
Construct Play Engineered Wood Fiber Safety Surface (Inc.
Subgrade/Compaction, Aggregate Class II Base,
Geotextile Fabric and Drainage.)
$
6.00
SF
6.00
SF
-
$0.00
Construct Play Poured -in -place Rubber Safety Surface (Inc.
Subgrade/Compaction, Aggregate Class II Base,
Geotextile Fabric and Drainage.)
$
20.00
SF
$
20.00
SF
-
$0.00
Construct Play Area ADA Ramp (4 Locations)
$
15.00
SF
$
15.00
SF
-
$0.00
132
FRITZ BURNS PARK MASTER PLAN
Opinion of Probable Construction Cost Estimate Phase 3
0310112023
Construct Stabilized Decomposed Granite 4-inch
$ 3.00 SF
$ 3.00 SF -
$0.00
Install Truncated Domes (Inc. Cast -in -place concrete pavement,
tiles, rebar, grout joint, mortar, etc)
$ 50.00
SF
50.00
SF -
$0.00
Construct Asphalt Paving Class II Base
$ 1.50
SF
$ 1.50
SF 6,288.00
$9,432.00
Construct Asphalt Paving
$ 3.00
SF
$ 3.00
SF 6,288.00
$18,864.00
Resurface Asphalt Paving
$ 1.50
SF
$ 1.50
SF 23,024.00
$34,536.00
Rdwy Sign/Stripe (Inc. Parking, ADA Sign/Stripe, Arrows, etc)
$ 8,000.00
LS
$ 8,000.00
LS 1.00
$8,000.00
SUBTOTAL "SURFACE IMPROVEMENTS" ITEMS:
$101,982.00
7.0
WALLS / FENCES / TRELLISES / SHADE STRUCTURES
Construct 5' high Tubular Steel Fence
$
50.00
LF
$
50.00
LF
-
$0.00
Construct 12' high Chain Link Fence (See Options)
$
80.00
LF
$
80.00
LF
$0.00
Paint / Refninsh Existing Tubular Steel Fence
$
5.00
LF
$
5.00
LF
-
$0.00
Construct 5' high Tubular Steel Gate (Inc. Footings, Posts, Gate
Frame, Gate Latch, Lock Hasp, etc.) (3 ft. Wide Gate)
$
1,200.00
EA
1,200.00
EA
-
$0.00
Construct Retaining Wall
$
150.00
LF
$
150.00
LF
-
$0.00
Construct Seat Wall
$
120.00
LF
$
120.00
LF
-
$0.00
Boulder Seat Walls
$
800.00
EA
$
800.00
EA
-
$0.00
Shade Sail Posts
$
3,000.00
EA
$
3,000.00
EA
-
$0.00
Shade Sail Fabric
$
5,000.00
EA
$
5,000.00
EA
-
$0.00
Court Nets
$
2,000.00
EA
$
2,000.00
EA
-
$0.00
Overhead Structure A - 22'X32' Custom Curved
$
76,730.00
EA
$
76,730.00
EA
-
$0.00
Overhead Structure C - Bleachers - 24'X63'
$
154,517.50
EA
$
154,517.50
EA
-
$0.00
Overhead Structure D - 14'X14'
$
42,281.25
EA
$
42,281.25
EA
-
$0.00
Overhead Structure F - 14'X86'
$
132,325.75
EA
$
132,325.75
EA
-
$0.00
Overhead Structure G- 16'X42' Custom Curved
$
67,363.75
EA
$
67,363.75
EA
-
$0.00
Overhead Structure H - Radii
$
62,283.75
EA
$
62,283.75
EA
-
$0.00
Temporary Site Perimeter Fence (Chain Link Fence 6-ft Height)
$
2.50
LF
$
2.50
LF
848.00
$2,120.00
SUBTOTAL "WALLS / FENCES / TRELLISES" ITEMS:
$2,120.00
8.0
LANDSCAPE
Tree 24" Box
$
320.00
EA
$
320.00
EA
20.00
$6,400.00
Tree 36" Box
$
800.00
EA
$
800.00
EA
-
$0.00
Palm - Phoenix dactylifera
$
5,500.00
EA
$
5,500.00
EA
1.00
$5,500.00
Root Barrier
$
9.00
LF
$
9.00
LF
240.00
$2,160.00
Shrub 5 Gal
$
25.00
EA
$
25.00
EA
590.00
$14,750.00
Turf - Bermuda Sod
$
1.00
SF
$
1.00
SF
-
$0.00
Loose Decomposed Granite Mulch 2-inch layer (SF inc Shrub,
Areas)
$
1.00
SF
$
1.00
SF
7,758.00
$7,758.00
Irrigation
$
2.50
SF
$
2.50
SF
7,758.00
$19,395.00
New Irrigation Controller
$
15,000.00
EA
$
15,000.00
EA
-
$0.00
Soil Prep / Finish Grade (SF inc Shrub, Groundcover, Turf and Basin
Areas)
$
0.20
SF
0.20
SF
7,758.00
$1,551.60
Weed Abatement
$
0.02
SF
$
0.02
SF
7,758.00
$155.16
Landscape Maintenance (90 days) (SF inc Shrub, Groundcover, Turf
and Basin Areas)
$
0.20
SF
07
0.20
SF
7,758.00
$1,551.60
Boulder (I2-inch- 24-inch)'Desert Select'
$
200.00
EA
$
200.00
EA
10.00
$2,000.00
Boulder (24-inch - 30-inch)'Desert Select'
$
350.00
EA
$
350.00
EA
10.00
$3,500.00
Boulder (30-inch - 36-inch)'Desert Select'
$
450.00
EA
$
450.00
EA
10.00
$4,500.00
SUBTOTAL "LANDSCAPE" ITEMS:
$69,221.36
9.0
SITE FURNISHINGS
Trash Receptacle
$
1,500.00
EA
$
1,500.00
EA -
$0.00
Hot Coal Container
$
1,600.00
EA
$
1,600.00
EA -
$0.00
Drinking Fountain
$
7,000.00
EA
$
7,000.00
EA -
$0.00
Bike Rack (Inc. Footing)
$
1,200.00
EA
$
1,200.00
EA -
$0.00
Bike Tune up station (Inc. Footing)
$
3,000.00
EA
$
3,000.00
EA -
$0.00
BBQ Grill (Inc. Footing)
$
800.00
EA
$
800.00
EA -
$0.00
Bench
$
2,500.00
EA
$
2,500.00
EA -
$0.00
Table with Chairs
$
5,000.00
EA
$
5,000.00
EA -
$0.00
Umbrella
$
2,000.00
EA
$
2,000.00
EA -
$0.00
Small Table at pool Lounge Chairs
$
400.00
EA
$
400.00
EA -
$0.00
Moveable Chaise Lounge
$
1,600.00
EA
$
1,600.00
EA -
$0.00
Fixed Chaise Lounge
$
3,000.00
EA
$
3,000.00
EA -
$0.00
Picnic Table
$
3,000.00
EA
$
3,000.00
EA -
$0.00
Goric Modular seating Curvy Blocks at Plaza
$
750.00
EA
$
750.00
EA -
$0.00
Construct Dog Bag Dispenser (Inc. Footing, etc.)
$
350.00
EA
$
350.00
EA -
$0.00
SUBTOTAL "SITE FURNISHINGS" ITEMS:
$0.00
10.0
PARK AMENITIES
New Wading Pool
$ 200,000.00 EA
$ 200,000.00 EA -
$0.00
Play Structure at Wading Pool
$ 300,000.00 EA
$ 300,000.00 EA -
$0.00
Play Structures at Playground
$ 250,000.00 EA
$ 250,000.00 EA -
$0.00
Public Restroom
$ 400,000.00 EA
$ 400,000.00 EA -
$0.00
133
FRITZ BURNS PARK MASTER PLAN
Opinion of Probable Construction Cost Estimate Phase 3
0310112023
SUBTOTAL "PARK AMENITIES" ITEMS:
II SUMMARY I I Subtotal: II
1.0
DEMOLITION
$73,254.00
2.0
GRADING
$19,759.89
3.0
STORM DRAIN
$0.00
4.0
WATER
$0.00
5.0
DRY UTILITIES
$0.00
6.0
SURFACE IMPROVEMENTS
$101,982.00
7.0
WALLS / FENCES / TRELLISES / SHADE STRUCTURES
$2,120.00
8.0
LANDSCAPE
$69,221.36
9.0
SITE FURNISHINGS
$0.00
10.0
PARK AMENITIES
$0.00
SUB TOTAL PROBABLE CONSTRUCTION COSTS: $266,337.25
Contigency (15%)M $39,950.59
TOTAL PROBABLE CONSTRUCTION COSTS with
$306,287.84
134
FRITZ BURNS PARK MASTER PLAN
Opinion of Probable Construction Cost Estimate Phase 4
0310112023
Item
No.
Description Unit Price
Unit Unit Price
Unit Base Master Plan
Total Price
1.0
DEMOLITION
Mobilization
$ 18,000.00
AC
$ 18,000.00
AC 0.50
$9,000.00
Demolition, Miscellaneous Removals
$ 4,000.00
AC
$ 4,000.00
AC 0.50
$2,000.00
Portable Restroom w/ hand washing Station
$ 400.00
MTH
$ 400.00
MTH 12.00
$4,800.00
Sawcut Existing Asphalt
$ 3.00
LF
$ 3.00
LF -
$0.00
Demo Asphalt and Base Course
$ 3.00
SF
$ 3.00
SF -
$0.00
Demo Existing Shrubs and irrigation
$ 1.00
SF
$ 1.00
SF 302.00
$302.00
Demo Existing Shrubs and stub irrigation at Planters to Remain
$ 1.00
SF
$ 1.00
SF -
$0.00
Demo Turf
$ 1.00
SF
$ 1.00
SF 4,279.00
$4,279.00
Sawcut Concrete
$ 3.25
LF
$ 3.25
LF -
$0.00
Demolish Concrete Paving
$ 3.00
SF
$ 3.00
SF -
$0.00
Demolish Play Area Surfacing
$ 0.50
SF
$ 0.50
SF -
$0.00
Demolish Existing Skate Park (see options)
$ 30,000.00
LS
$ 30,000.00
LS -
$0.00
Demolish Existing Overhead Structure (at Stadium Seating)
$ 5,000.00
EA
$ 5,000.00
EA -
$0.00
Demolish Existing Overhead Structures
$ 1,000.00
EA
$ 1,000.00
EA -
$0.00
Demo Existing Trees and Grind Roots
$ 1,500.00
EA
$ 1,500.00
EA -
$0.00
Demo Fence
$ 3.00
LF
$ 3.00
LF 107.00
$321.00
Demo Masonry Walls
$ 10.00
LF
$ 10.00
LF -
$0.00
Demo Concrete Curb
$ 4.00
LF
$ 4.00
LF -
$0.00
SUBTOTAL "DEMOLITION" ITEMS:
$20,702.00
2.0
GRADING
Construction Water
$ 500.00
AC
$ 500.00
AC 0.50
$250.00
Cut / Fill (Assume 1' depth)
$ 6.00
CY
$ 6.00
CY 105.85
$635.11
Fine Grade
$ 0.10
SF
$ 0.10
SF 2,858.00
$285.80
Overex
$ 0.40
SF
$ 0.40
SF 4,581.00
$1,832.40
Erosion Control - Complete per the Erosion Control plans, SWPPP
and the RWCB requirements (Inc. Maintenance, Stabilized
Construction Entrances, etc.) 9k per AC for all phases
$ 9,000.00
AC
$ 9,000.00
AC 0.50
$4,500.00
SUBTOTAL "GRADING" ITEMS:
11 1
1
1
1 $7,503.31�
3.0 STORM DRAIN
Storm Drain Pipe PVC 06-inch Sch. 40
Storm Drain Pipe PVC 12-inch Sch. 40
$ 40.25
LF
$ 40.25
LF 230.00
$9,257.50
$ 51.75
LF
$ 51.75
LF -
$0.00
NDS Catch Basin 12-inch x 12-inch with Filter Insert (NDS Part No.
1200, 1212, 1200FF) 4 at the pool 8 at phase 2
SUBTOTAL "STORM DRAIN" ITEMS:
$
368.00
EA
$
368.00
EA
4.00
$1,472.00
$10,729.50
4.0
WATER
Water supply for pool play equipment
$
40,000.00
LS
$
40,000.00
LS
1.00
$40,000.00
Water Meter / Service/ and Backflow Preventer
$
40,000.00
EA
$
40,000.00
EA
1.00
$40,000.00
SUBTOTAL "WATER" ITEMS:
$80,000.00
5.0
DRY UTILITIES
Below Grade Electrical Conduit and Wire Run (All required)
$
30.00
LF
$
30.00
LF
-
$0.00
Pullbox (All required)
$
2,500.00
AC
$
2,500.00
AC
0.50
$1,250.00
Above Grade Weatherproof Junction Box (1 at each Shelter)
$
250.00
EA
$
250.00
EA
1.00
$250.00
Event Electric Power Pedestal
$
3,385.00
EA
$
3,385.00
EA
1.00
$3,385.00
30 AMP Power Pedestal
$
1,200.00
EA
$
1,200.00
EA
1.00
$1,200.00
Park Light Type 'A'
$
7,500.00
EA
$
7,500.00
EA
4.00
$30,000.00
Park Light Type'B' Bollard Light Light
$
7,500.00
EA
$
7,500.00
EA
-
$0.00
Park Light Type'C' Trellis / Down Light
$
1,200.00
EA
$
1,200.00
EA
2.00
$2,400.00
New Tennis Court Lighting (See options)
$
15,000.00
EA
$
15,000.00
EA
-
$0.00
Panels with feeder wire only
$
16,200.00
EA
$
16,200.00
EA
1.00
$16,200.00
Electrical Company - Connection
$
49,700.00
LS
$
49,700.00
LS
1.00
$49,700.00
SUBTOTAL "DRY UTILITY" ITEMS:
$104,385.00
6.0
SURFACE IMPROVEMENTS
Construct Curb & Gutter 6"
$
31.00
LF
$
31.00
LF
-
$0.00
4-inch PCC Walkway
$
10.00
SF
$
10.00
SF
2,858.00
$28,580.00
Pickleball Court Re -surfacing and Striping (over tennis court)
$
2.00
SF
$
2.00
SF
-
$0.00
Pickleball Court Re -surfacing and Striping (8 existing courts)
$
2.00
SF
$
2.00
SF
-
$0.00
Construct Concrete Mow Curb (6-inch x 6-inch)
$
15.00
LF
$
15.00
LF
-
$0.00
Construct Curb at Tot Lot
$
65.00
LF
$
65.00
LF
-
$0.00
Construct Play Engineered Wood Fiber Safety Surface (Inc.
Subgrade/Compaction, Aggregate Class II Base,
Geotextile Fabric and Drainage.)
$
6.00
SF
$
6.00
SF
-
$0.00
Construct Play Poured -in -place Rubber Safety Surface (Inc.
Subgrade/Compaction, Aggregate Class 11 Base,
Geotextile Fabric and Drainage.)
$
20.00
SF
$
20.00
SF
-
$0.00
Construct Play Area ADA Ramp (4 Locations)
$
15.00
SF
$
15.00
SF
-
$0.00
135
FRITZ BURNS PARK MASTER PLAN
Opinion of Probable Construction Cost Estimate I OPTIONS:
0310112023
Keep Existing Dog Park, Not Expand the Parking Expand Tennis into Maintenance Yard Remove Skate Park and Expand Parking Lot
Item
No.
Description
Option 1
Option 1
Subtotal
Option 2
Option 2
Subtotal
Option 3
Option 3
Subtotal
1.0
DEMOLITION
Mobilization
-0.15
-$2,700.00
0.21
$3,780.00
0.20
$3,600.00
Demolition, Miscellaneous Removals
-0.15
-$600.00
1
$20,000.00
0.2
$800.00
Portable Restroom w/ hand washing Station
0
$0.00
0
$0.00
1
$400.00
Sawcut Existing Asphalt
0
$0.00
331
$993.00
157
$471.00
Demo Asphalt and Base Course
0
$0.00 74
9390
$28,170.00
459
$1,377.00
Demo Existing Shrubs and irrigation
0
$0.00
725
$725.00
0
$0.00
Demo Existing Shrubs and stub irrigation at Planters to Remain
0
$0.00
0
$0.00
0
$0.00
Demo Turf
-7023
-$7,023.00
0
$0.00
0
$0.00
Sawcut Concrete
0
$0.00
0
$0.00
0
$0.00
Demolish Concrete Paving
0
$0.00
0
$0.00
812
$2,436.00
Demolish Play Area Surfacing
0
$0.00
0
$0.00
0
$0.00
Demolish Existing Skate Park (see options)
0
$0.00
0
$0.00
1
$30,000.00
Demolish Existing Overhead Structure (at Stadium Seating)
0
$0.00
0
$0.00
0
$0.00
Demolish Existing Overhead Structures
4
-$4,000.00
1
$5,000.00
1
$1,000.00
Demo Existing Trees and Grind Roots
0
$0.00
1
$1,500.00
0
$0.00
Demo Fence
-378
-$1,134.00
287
$861.00
0
$0.00
Demo Masonry Walls
0
$0.00
0
$0.00
0
$0.00
Demo Concrete Curb
-87
-$348.00
0
$0.00
148
$592.00
istruction Water
-0.15
-$75.00
0.21
$105.00
0.20
$100.00
/ Fill (Assume 1' depth)
(260)
-$1,560.00
348
$2,088.00
-
$0.00
e Grade
-7023
-$702.30
9390
$939.00
8607
$860.70
:rex
0
$0.00
1
$5,000.00
0
$0.00
sion Control - Complete per the Erosion Control plans, SWPPP and the RWCB
airements (Inc. Maintenance, Stabilized Construction Entrances, etc.) 9k per AC
all phases
-0.15
-$1,350.00
1.00
$3,000.00
0.00
$0.00
3_0 STORM DRAIN
Storm Drain Pipe PVC 06-inch Sch. 40 $0.00 200 $8,050.00 $0.00
Storm Drain Pipe PVC 12-inch Sch. 40 $0.00 - $0.00 $0.00
NDS Catch Basin 12-inch x 12-inch with Filter Insert (NDS Part No. 1200, 1212, $0.00 4 $1,472.00 $0.00
1200FF) 4 at the pool 8 at phase 2
Option 1: Option 2: Option 3:
SUBTOTAL "STORM DRAIN" ITEMS: $0.00 $9.522.00 $0.00
4.0
WATER
Water supply for pool play equipment
$0.00
$0.00
$0.00
Water Meter / Service/ and Backflow Preventer
-
$0.00
-
$0.00
-
$0.00
SUBTOTAL "WATER" ITEMS:
Option 1:
$0.00
Option 2:
$0.00
Option 3:
$0.00
5.0
DRY UTILITIES
Below Grade Electrical Conduit and Wire Run (All required)
-
$0.00
-
$0.00
-
$0.00
Pullbox (All required)
0.00
$0.00
0.00
$0.00
$0.00
Above Grade Weatherproof Junction Box (1 at each Shelter)
-
$0.00
-
$0.00
-
$0.00
Event Electric Power Pedestal
$0.00
$0.00
$0.00
30 AMP Power Pedestal
-
$0.00
$0.00
$0.00
Park LightType'A'
(1)
-$7,500.00
9$0.00
$0.00
Park Light Type 'B' Bollard Light Light
-
$0.00
$0.00
$0.00
Park Light Type 'C' Trellis / Down Light
$0.00
$0.00
$0.00
New Tennis Court Lighting (See options)
$0.00
4
$60,000.00
$0.00
Panels with feeder wire only
$0.00
$0.00
$0.00
Electrical Company - Connection
$0.00
$0.00
$0.00
SUBTOTAL "DRY UTILITY" ITEMS:
Option 1:
-$7 500.00
Option 2:
$60 000.00
Option 3:
$0.00
6.0
SURFACE IMPROVEMENTS
Construct Curb & Gutter6"
(228)
-$7,068.00
287
$8,897.00
157
$4,867.00
4-inch PCC Walkway
-
$0.00
9,445
$94,450.00
382
$3,820.00
Pickleball Court Re -surfacing and Striping (over tennis court)
-
$0.00
7,050
$14,100.00
-
$0.00
Pickleball Court Re -surfacing and Striping (8 existing courts)
-
$0.00
-
$0.00
-
$0.00
Construct Concrete Mow Curb (6-inch x 6-inch)
-
$0.00
-
$0.00
-
$0.00
Construct Curb at Tot Lot
$0.00
$0.00
$0.00
Construct Play Engineered Wood Fiber Safety Surface (Inc. Subgrade/Compaction,
Aggregate Class II Base,
Geotextile Fabric and Drainage.)
$0.00
$0.00
$0.00
Construct Play Poured -in -place Rubber Safety Surface (Inc. Subgrade/Compaction,
Aggregate Class II Base,
Geotextile Fabric and Drainage.)
$0.00
$0.00
$0.00
Construct Play Area ADA Ramp (4 Locations)
$0.00
$0.00
$0.00
Construct Stabilized Decomposed Granite 4-inch
-
$0.00
-
$0.00
-
$0.00
Install Truncated Domes (Inc. Cast -in -place concrete pavement, tiles, rebar, grout
joint, mortar, etc)
_
$0.00
-
$0.00
25
$1,250.00
Construct Asphalt Paving Class II Base
(7,023)
-$10,534.50
$0.00
$0.00
Construct Asphalt Paving
(7,023)
-$21,069.00
-
$0.00
-
$0.00
Resurface Asphalt Paving
$0.00
$0.00
9,085
$13,627.50
Rdwy Sign/Stripe (hie. Parking, ADA Sign/Stripe, Arrows, etc)
$0.00
$0.00
1
$8,000.00
SUBTOTAL "SURFACE IMPROVEMENTS" ITEMS:
Option 1:
-$38 671.50
Option 2:
$117 447.00
Option 3:
$31 564.50
7.0
WALLS/FENCES/TRELLISES/SHADE STRUCTURES
Construct 5' high Tubular Steel Fence
$0.00
$0.00
$0.00
Construct 12' high Chain Link Fence (See Options)
$0.00
331
$26,480.00
$0.00
Paint / Refninsh Existing Tubular Steel Fence
-
$0.00
-
$0.00
-
$0.00
Construct 5' high Tubular Steel Gate (Inc. Footings, Posts, Gate Frame, Gate Latch,
Lock Hasp, etc.) (3 ft. Wide Gate)
_
$0.00
1
$1,200.00
-
$0.00
Construct Retaining Wall
$0.00
$0.00
$0.00
Construct Seat Wall
$0.00
$0.00
$0.00
Boulder Seat Walls
$0.00
$0.00
$0.00
Shade Sail Posts
$0.00
$0.00
$0.00
Shade Sail Fabric
$0.00
$0.00
$0.00
Court Nets
$0.00
1
$2,000.00
$0.00
Overhead Structure A - 22'X32' Custom Curved
$0.00
$0.00
$0.00
Overhead Structure C - Bleachers - 24'X63'
$0.00
$0.00
$0.00
Overhead Structure D - 14'X14'
$0.00
1
$42,281.25
$0.00
Overhead Structure F - 14'X86'
$0.00
$0.00
$0.00
Overhead Structure G- 16'X42' Custom Curved
$0.00
1
$67,363.75
$0.00
Overhead Structure H - Radii
$0.00
-
$0.00
$0.00
Temporary Site Perimeter Fence (Chain Link Fence 6-ft Height)
$0.00
238
$595.00
421
$1,052.50
SUBTOTAL "WALLS / FENCES / TRELLISES" ITEMS:
Option 1:
$0.00
Option 2:
$139 920.00
Option 3:
$1052.50
8.0
LANDSCAPE
Tree 24" Box
(5)
-$1,600.00
$0.00
$0.00
Tree 36" Box
$0.00
$0.00
$0.00
Palm - Phoenix dactylifera
-
$0.00
$0.00
$0.00
Root Barrier
(96)
-$864.00
-
$0.00
-
$0.00
Shrub 5 Gal
(45)
-$1,125.00
$0.00
$0.00
Turf- Bermuda Sod
-
$0.00
$0.00
$0.00
Loose Decomposed Granite Mulch 2-inch layer (SF inc Shrub, Areas)
(628)
-$628.00
-
$0.00
-
$0.00
Imgation
(628)
-$1,570.00
-
$0.00
-
$0.00
New Irrigation Controller
-
$0.00
$0.00
$0.00
Soil Prep / Finish Grade (SF inc Shrub, Groundcover, Turf and Basin Areas)
(628)
-$125.60
$0.00
$0.00
Weed Abatement
(628)
-$12.56
$0.00
$0.00
136
FRITZ BURNS PARK MASTER PLAN
Opinion of Probable Construction Cost Estimate I OPTIONS:
0310112023
Landscape Maintenance (90 days) (SF me Shrub, Groundcover, Turf and Basin
Areas)
(628)
-$125.60
-
$0.00
-
$0.00
Boulder (12-inch - 24-inch)'Desert Select'
-
$0.00
$0.00
$0.00
Boulder (24-inch - 30-inch) 'Desert Select'
$0.00
$0.00
$0.00
Boulder (30-inch - 36-inch) 'Desert Select'
$0.00
$0.00
$0.00
SUBTOTAL "LANDSCAPE" ITEMS:
Option 1:
-$6 050.76
Option 2:
$0.00
Option 3:
$0.00
9.0
SITE FURNISHINGS
Trash Receptacle
$0.00
2
$3,000.00
$0.00
Hot Coal Container
$0.00
$0.00
$0.00
Drinking Fountain
$0.00
$0.00
$0.00
Bike Rack (Inc. Footing)
$0.00
$0.00
$0.00
Bike Tune up station (Inc. Footing)
$0.00
$0.00
$0.00
BBQ Grill (Inc. Footing)
$0.00
$0.00
$0.00
Bench
$0.00
6
$15,000.00
$0.00
Table with Chairs
$0.00
$0.00
$0.00
Umbrella
$0.00
$0.00
$0.00
Small Table at pool Lounge Chairs
$0.00
$0.00
$0.00
Moveable Chaise Lounge
$0.00
$0.00
$0.00
Fixed Chaise Lounge
$0.00
$0.00
$0.00
Picnic Table
$0.00
$0.00
$0.00
Goric Modular seating Curvy Blocks at Plaza
$0.00
$0.00
$0.00
Construct Dog Bag Dispenser (Inc. Footing, etc.)
-
$0.00
-
$0.00
-
$0.00
SUBTOTAL "SITE FURNISHINGS" ITEMS:
Option 1:
$0.00
Option 2:
$18,000.001
Option 3:
$0.00
10.0
PARK AMENITIES
New Wading Pool
$0.00
$0.00
$0.00
Play Structure at Wading Pool
$0.00
$0.00
$0.00
Play Structures at Playground
$0.00
$0.00
$0.00
Public Restroom
$0.00
Option 1.
$0.00
$0.00
Option 2:
$0.00
$0.00
Option 3:
$0.00
SUBTOTAL "PARK AMENITIES" ITEMS:
SUMMARY
Option 1 Total
Option 2 Total
Option 3 Total
1.0
415,805.00
$61,029.00
$40,676.00
DEMOLITION
2.0
GRADING
43,687.30
$11,132.00
$960.70
3.0
STORM DRAIN
$0.00
$9,522.00
$0.00
4.0
WATER
$0.00
$0.00
$0.00
5.0
DRY UTILITIES
47,500.00
$60,000.00
$0.00
6.o
SURFACE IMPROVEMENTS
$38,671.50
$117,447.00
$31,564.50
7.0
WALLS / FENCES / TRELLISES / SHADE STRUCTURES
$0.00
$139,920.00
$1,052.50
8.o
LANDSCAPE
$6,050.76
$0.00
$0.00
9.0
SITE FURNISHINGS
$0.00
$18,000.00
$0.00
10.0
PARK AMENITIES 1
$0.00
$0.00
$0.00
Option
2 Option 4
Option 5
SUB TOTAL PROBABLE CONSTRUCTION COSTS:
-$71,714.56
$417,050.00
$74,253.70
Contigency (15%)
$62,557.50
$11,138.06
TOTAL PROBABLE CONSTRUCTION COSTS with Contlgency:
-$71,714.56
$479,607.50
$85,391.76
(Keep existing dog park in parking lot) (tennis court at Operations Yard) (remove skate park and change back to parking lot)
137
FRITZ BURNS PARK MASTER PLAN
Opinion of Probable Construction Cost Estimate Phase 4
0310112023
Construct Stabilized Decomposed Granite 4-inch
$ 3.00 SF
$ 3.00 SF -
$0.00
Install Truncated Domes (Inc. Cast -in -place concrete pavement,
tiles, rebar, grout joint, mortar, etc)
$ 50.00
SF
$ 50.00
SF -
$0.00
Construct Asphalt Paving Class II Base
$ 1.50
SF
$ 1.50
SF -
$0.00
Construct Asphalt Paving
$ 3.00
SF
$ 3.00
SF -
$0.00
Resurface Asphalt Paving
$ 1.50
SF
$ 1.50
SF -
$0.00
Rdwy Sign/Stripe (Inc. Parking, ADA Sign/Stripe, Arrows, etc)
$ 8,000.00
LS
$ 8,000.00
LS -
$0.00
SUBTOTAL "SURFACE IMPROVEMENTS" ITEMS:
$28,580.00
7.0
WALLS / FENCES / TRELLISES / SHADE STRUCTURES
Construct Thigh Tubular Steel Fence
$
50.00
LF
$
50.00
LF
182.00
$9,100.00
Construct 12' high Chain Link Fence (See Options)
$
80.00
LF
$
80.00
LF
$0.00
Paint / Refninsh Existing Tubular Steel Fence
$
5.00
LF
$
5.00
LF
201.00
$1,005.00
Construct Thigh Tubular Steel Gate (Inc. Footings, Posts, Gate
Frame, Gate Latch, Lock Hasp, etc.) (3 ft. Wide Gate)
$
1,200.00
EA
$
1,200.00
EA
2.00
$2,400.00
Construct Retaining Wall
$
150.00
LF
$
150.00
LF
-
$0.00
Construct Seat Wall
$
120.00
LF
$
120.00
LF
-
$0.00
Boulder Seat Walls
$
800.00
EA
$
800.00
EA
-
$0.00
Shade Sail Posts
$
3,000.00
EA
$
3,000.00
EA
-
$0.00
Shade Sail Fabric
$
5,000.00
EA
$
5,000.00
EA
-
$0.00
Court Nets
$
2,000.00
EA
$
2,000.00
EA
-
$0.00
Overhead Structure A - 22'X32' Custom Curved
$
76,730.00
EA
$
76,730.00
EA
-
$0.00
Overhead Structure C - Bleachers - 24'X63'
$
154,517.50
EA
$
154,517.50
EA
-
$0.00
Overhead Structure D - 14'X14'
$
42,281.25
EA
$
42,281.25
EA
-
$0.00
Overhead Structure F - 14'X86'
$
132,325.75
EA
$
132,325.75
EA
-
$0.00
Overhead Structure G- 16'X42' Custom Curved
$
67,363.75
EA
$
67,363.75
EA
1.00
$67,363.75
Overhead Structure H - Radii
$
62,283.75
EA
$
62,283.75
EA
-
$0.00
Temporary Site Perimeter Fence (Chain Link Fence 6-ft Height)
$
2.50
LF
$
2.50
LF
411.00
$1,027.50
SUBTOTAL "WALLS / FENCES / TRELLISES" ITEMS:
$80,896.25
8.0 LANDSCAPE
Tree 24" Box
$
320.00
EA
$
320.00
EA -
$0.00
Tree 36" Box
$
800.00
EA
$
800.00
EA -
$0.00
Palm - Phoenix dactylifera
$
5,500.00
EA
$
5,500.00
EA -
$0.00
Root Barrier
$
9.00
LF
$
9.00
LF -
$0.00
Shrub 5 Gal
$
25.00
EA
$
25.00
EA -
$0.00
Turf - Bermuda Sod
$
1.00
SF
$
1.00
SF -
$0.00
Loose Decomposed Granite Mulch 2-inch layer (SF inc Shrub,
Areas)
$
1.00
SF
$
1.00
SF -
$0.00
Irrigation
$
2.50
SF
$
2.50
SF -
$0.00
New Irrigation Controller
$
15,000.00
EA
$
15,000.00
EA -
$0.00
Soil Prep / Finish Grade (SF inc Shrub, Groundcover, Turf and Basin
Areas)
$
0.20
SF
$
0.20
SF -
$0.00
Weed Abatement
$
0.02
SF
$
0.02
SF -
$0.00
Landscape Maintenance (90 days) (SF inc Shrub, Groundcover, Turf
and Basin Areas)
$
0.20
SF
$
0.20
SF -
$0.00
Boulder (I2-inch- 24-inch)'Desert Select'
$
200.00
EA
$
200.00
EA -
$0.00
Boulder (24-inch - 30-inch) 'Desert Select'
$
350.00
EA
$
350.00
EA -
$0.00
Boulder (30-inch - 36-inch) 'Desert Select'
$
450.00
EA
$
450.00
EA -
$0.00
SUBTOTAL "LANDSCAPE" ITEMS:
$0.00
9.0
SITE FURNISHINGS
Trash Receptacle
$
1,500.00
EA
$
1,500.00
EA
4.00
$6,000.00
Hot Coal Container
$
1,600.00
EA
$
1,600.00
EA
-
$0.00
Drinking Fountain
$
7,000.00
EA
$
7,000.00
EA
1.00
$7,000.00
Bike Rack (Inc. Footing)
$
1,200.00
EA
$
1,200.00
EA
-
$0.00
Bike Tune up station (Inc. Footing)
$
3,000.00
EA
$
3,000.00
EA
-
$0.00
BBQ Grill (Inc. Footing)
$
800.00
EA
$
800.00
EA
-
$0.00
Bench
$
2,500.00
EA
$
2,500.00
EA
-
$0.00
Table with Chairs
$
5,000.00
EA
$
5,000.00
EA
5.00
$25,000.00
Umbrella
$
2,000.00
EA
$
2,000.00
EA
11.00
$22,000.00
Small Table at pool Lounge Chairs
$
400.00
EA
$
400.00
EA
11.00
$4,400.00
Moveable Chaise Lounge
$
1,600.00
EA
$
1,600.00
EA
22.00
$35,200.00
Fixed Chaise Lounge
$
3,000.00
EA
$
3,000.00
EA
-
$0.00
Picnic Table
$
3,000.00
EA
$
3,000.00
EA
-
$0.00
Goric Modular seating Curvy Blocks at Plaza
$
750.00
EA
$
750.00
EA
-
$0.00
Construct Dog Bag Dispenser (Inc. Footing, etc.)
$
350.00
EA
$
350.00
EA
-
$0.00
SUBTOTAL "SITE FURNISHINGS" ITEMS:
$99,600.00
10.0
PARK AMENITIES
New Wading Pool
$ 200,000.00 EA
$ 200,000.00 EA 1.00
$200,000.00
Play Structure at Wading Pool
$ 300,000.00 EA
$ 300,000.00 EA 1.00
$300,000.00
Play Structures at Playground
$ 250,000.00 EA
$ 250,000.00 EA -
$0.00
Public Restroom
$ 400,000.00 EA
$ 400,000.00 EA -
$0.00
138
FRITZ BURNS PARK MASTER PLAN
Opinion of Probable Construction Cost Estimate Phase 4
0310112023
SUBTOTAL "PARK AMENITIES" ITEMS:
$500,000.00
SUMMARY
Subtotal:
1.0
$20,702.00
DEMOLITION
2.0
GRADING
$7,503.31
3.0
STORM DRAIN
$10,729.50
4.0
WATER
$80,000.00
5.0
DRY UTILITIES
$104,385.00
6.0
SURFACE IMPROVEMENTS
$28,580.00
7.0
WALLS / FENCES / TRELLISES / SHADE STRUCTURES
$80,896.25
8.0
LANDSCAPE
$0.00
9.0
SITE FURNISHINGS
$99,600.00
10.0
PARK AMENITIES
$500,000.00
SUB TOTAL PROBABLE CONSTRUCTION COSTS: $932,396.06
Contigency (15%) $139,859.41
TOTAL PROBABLE CONSTRUCTION COSTS with
$1,072,255.47
Contigency:
139
140
BUSINESS SESSION ITEM NO. 1
City of La Quinta
CITY COUNCIL MEE I INC3: March 7, 2023
STAFF REPORT
AGENDA TITLE: 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 FRITZ BURNS PARK PROJECT NO. 2022-26 AND X-PARK
PROJECT NO. 2022-28
RECOMMENDATION
Approve an Agreement for Contract Services for the installation of shade structures at
Fritz Burns park Project No. 2022-26 and X-Park Project No. 2022-28, with Shade
Structures, Inc. dba USA Shade & Fabric Structures, Inc. through Sourcewell Cooperative
Purchasing; and authorize the City Manager to execute the agreement.
EXECU FIVE SUMMARY
• The trellis at the seating area in Fritz Burns Park (Fritz Burns) is in need of
replacement.
• The X-Park needs shade to provide protection from the sun. Due to long lead
times, staff is requesting approval to order the structures now, which will be funded
in fiscal year (FY) 2023/24 budget and payment will be scheduled after July 1,
2023.
• The City utilizes Sourcewell Cooperative Purchasing (Sourcewell) for procurement
of goods and services.
• Shade Structures, Inc. dba USA Shade & Fabric Structures, Inc. (USA Shade)
submitted quotes for the installation of shade structures at Fritz Burns park and the
X-Park.
FISCAL IMPACT
Funds for the installation of shade structures at Fritz Burns Park are currently budgeted
in the Capital Expenses, Parks account 503-0000-71060. Funds for the X-Park will be
included for Council consideration in FY 2023/24 budget. Amounts will not be paid until
installation is complete, which will be after July 1, 2023.
141
SHADE STRUCTURE LOCATION
COST
Fritz Burns
$
185,057
X-Park
$
154,216
Contingency Amount 10%
$
33,927
TOTAL:
$
373,200
BACKGROUND/ANALYSIS
Residents have identified shade as a priority in City parks. Staff has identified Fritz Burns
and the X-Park as high priority parks for installation of new shade structures.
Amenities at Fritz Burns include a dog and skate park, pool, playground and picnic area,
tennis and pickleball courts with an adjacent seating area, and open space turf area.
The trellis over the seating area at Fritz Burns has reached its useful life, is leaning, and
needs to be replaced. The addition of shade over the seating area and between the
pickleball and tennis courts would provide protection from the sun for park users
(Attachment 1).
The X-Park is a premier skate park and features a Pro -Shop, pump track, and skate
bowls. Shade structures are needed to provide users protection from the sun
(Attachment 2).
The City utilizes Sourcewell to streamline the procurement process. A quote from USA
Shade was received through Sourcewell, which complies with the City's purchasing
policy. Based on USA Shade's qualifications, staff recommends approval of the
Agreement for Contract Services (Attachment 3).
USA Shade submitted quotes for the installation of shade structures at Fritz Burns and
the X-Park. The cost to add the structures including a 10% contingency would be
$373,200.
ALTERNATIVES
Council may approve only Fritz Burns Park or deny this request.
Prepared by: Dianne Hansen, Management Analyst
Approved by: Bryan McKinney, Public Works Director/City Engineer
Attachments: 1. Fritz Burns Rendering
2. X-Park Rendering
3. Agreement for Contract Services
142
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ATTACHMENT 3
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 Shade Structures, Inc. dba USA SHADE & Fabric Structures, Inc.
("Contracting Party"). The parties hereto agree as follows:
1. SERVICES OF CONTRACTING PARTY.
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Contracting Party shall provide those services related to Project No. 2022-26
Fritz Burns Park and Project No. 2022-28 X-Park Shade Structures 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 such licenses, permits (permit fees waived), 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,
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
149
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
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.
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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.
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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 of Three Hundred Thirty -Nine Thousand, Two -Hundred
and Seventy -Three Dollars ($339,273). (the "Contract Sum"), except as provided in
Section 1.7. The method of compensation set forth in the Schedule of Compensation may
include a lump sum payment upon completion, payment in accordance with the
percentage of completion of the Services, payment for time and materials based upon
Contracting Party's rate schedule, but not exceeding the Contract Sum, or such other
reasonable methods as may be specified in the Schedule of Compensation. The Contract
Sum shall include the attendance of Contracting Party at all project meetings reasonably
deemed necessary by City; Contracting Party shall not be entitled to any additional
compensation for attending said meetings. Compensation may include reimbursement
for actual and necessary expenditures for reproduction costs, transportation expense,
telephone expense, and similar costs and expenses when and if specified in the Schedule
of Compensation. Regardless of the method of compensation set forth in the Schedule of
Compensation, Contracting Party's overall compensation shall not exceed the Contract
Sum, except as provided in Section 1.7 of this Agreement.
2.2 Method of Billing & Payment. Any month in which Contracting Party wishes
to receive payment, Contracting Party shall submit to City no later than the tenth
(10th) working day of such month, in the form approved by City's Finance Director, an
invoice for Services rendered prior to the date of the invoice. Such invoice shall contain
a certification by a principal member of Contracting Party specifying that the payment
requested is for Services performed in accordance with the terms of this Agreement.
Upon approval in writing by the Contract Officer, or assigned designee, and subject to
retention pursuant to Section 8.3, City will pay Contracting Party for all items stated
thereon which are approved by City pursuant to this Agreement no later than thirty
(30) days after invoices are received by the City's Finance Department.
2.3 Compensation for Additional Services. Additional Services approved in
advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this
Agreement shall be paid for in an amount agreed to in writing by both City and Contracting
Party in advance of the Additional Services being rendered by Contracting Party. Any
compensation for Additional Services amounting to five percent (5%) or less of the
Contract Sum may be approved by the Contract Officer, or assigned designee. Any
greater amount of compensation for Additional Services must be approved by the La
Quinta City Council, the City Manager, or Department Director, depending upon City laws,
regulations, rules and procedures concerning public contracting. Under no circumstances
3 151
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 mutually agreed upon
Schedule of Performance, as set forth in Section 3.2 and "Exhibit C", it is understood that
the City will suffer damage.
3.2 Schedule of Performance. All Services rendered pursuant to this
Agreement shall be performed diligently and within the time period established in "Exhibit
C" (the "Schedule of Performance"). Extensions to the time period specified in the
Schedule of Performance may be approved in writing by the Contract Officer or assigned
designee.
3.3 Force Majeure. The time period specified in the Schedule of Performance
for performance of the Services rendered pursuant to this Agreement shall be extended
because of any delays due to unforeseeable causes beyond the control and without the
fault or negligence of Contracting Party, including, but not restricted to, acts of God or of
the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots,
strikes, freight embargoes, acts of any governmental agency other than City, and
unusually severe weather, if Contracting Party shall within ten (10) days of the
commencement of such delay notify the Contract Officer, or assigned designee, in
writing of the causes of the delay. The Contract Officer, or assigned designee, shall
ascertain the facts and the extent of delay, and extend the time for performing the
Services for the period of the forced delay when and if in the Contract Officer's judgment
such delay is justified, and the Contract Officer's determination, or assigned designee,
shall be final and conclusive upon the parties to this Agreement. Extensions to time period
in the Schedule of Performance which are determined by the Contract Officer, or
assigned designee, to be justified pursuant to this Section shall not entitle the
Contracting Party to additional compensation in excess of the Contract Sum.
3.4 Term. Unless earlier terminated in accordance with the provisions in Article
8.0 of this Agreement, the term of this agreement shall commence on or around March
20, 2023, and terminate on completion and acceptance of installation on or around
September 30, 2023.
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:
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(a) Name: David Schneider
Tel No. 214-601-1518
E-mail: dsshneider@usa-shade.com
(b) Name: Ashley Donde
Tel No. 714-427-6981
Email: adonde@usa-shade.com
It is expressly understood that the experience, knowledge, capability, and
reputation of the foregoing Principals were a substantial inducement for City to enter into
this Agreement. Therefore, the foregoing Principals shall be responsible during the term
of this Agreement for directing all activities of Contracting Party and devoting sufficient
time to personally supervise the Services hereunder. For purposes of this Agreement, the
foregoing Principals may not be changed by Contracting Party and no other personnel
may be assigned to perform the Services required hereunder without the express written
approval of City.
4.2 Contract Officer. The "Contract Officer", otherwise known as Dianne
Hansen, Management Analyst Parks/Landscape or assigned designee may be
designated in writing by the City Manager of the City. It shall be Contracting Party's
responsibility to assure that the Contract Officer, or assigned designee, is kept informed
of the progress of the performance of the Services, and Contracting Party shall refer any
decisions, that must be made by City to the Contract Officer, or assigned designee.
Unless otherwise specified herein, any approval of City required hereunder shall mean
the approval of the Contract Officer or assigned designee. The Contract Officer, or
assigned designee, shall have authority to sign all documents on behalf of City required
hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability, and reputation of Contracting Party, its principals, and its
employees were a substantial inducement for City to enter into this Agreement. Except
as set forth in this Agreement, Contracting Party shall not contract or subcontract with
any other entity to perform in whole or in part the Services required hereunder without the
express written approval of City. In addition, neither this Agreement nor any interest
herein may be transferred, assigned, conveyed, hypothecated, or encumbered,
voluntarily or by operation of law, without the prior written approval of City. Transfers
restricted hereunder shall include the transfer to any person or group of persons acting in
concert of more than twenty five percent (25%) of the present ownership and/or control
of Contracting Party, taking all transfers into account on a cumulative basis. Any
attempted or purported assignment or contracting or subcontracting by Contracting Party
without City's express written approval shall be null, void, and of no effect. No approved
transfer shall release Contracting Party of any liability hereunder without the express
consent of City.
4.4 Independent Contractor. Neither City nor any of its employees shall have
any control over the manner, mode, or means by which Contracting Party, its agents, or
its employees, perform the Services required herein, except as otherwise set forth herein.
5 153
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 (TERS") as an employee of City and entitlement to any contribution
to be paid by City for employer contributions and/or employee contributions for PERS
benefits. Contracting Party agrees to pay all required taxes on amounts paid to
Contracting Party under this Agreement, and to indemnify and hold City harmless from
any and all taxes, assessments, penalties, and interest asserted against City by reason
of the independent contractor relationship created by this Agreement. Contracting Party
shall fully comply with the workers' compensation laws regarding Contracting Party and
Contracting Party's employees. Contracting Party further agrees to indemnify and hold
City harmless from any failure of Contracting Party to comply with applicable workers'
compensation laws. City shall have the right to offset against the amount of any payment
due to Contracting Party under this Agreement any amount due to City from Contracting
Party as a result of Contracting Party's failure to promptly pay to City any reimbursement
or indemnification arising under this Section.
4.5 Identity of Persons Performing Work. Contracting Party represents that it
employs or will employ at its own expense all personnel required for the satisfactory
performance of any and all of the Services set forth herein. Contracting Party represents
that the Services required herein will be performed by Contracting Party or under its direct
supervision, and that all personnel engaged in such work shall be fully qualified and shall
be authorized and permitted under applicable State and local law to perform such tasks
and services.
4.6 City Cooperation. City shall provide Contracting Party with any plans,
publications, reports, statistics, records, or other data or information pertinent to the
Services to be performed hereunder which are reasonably available to Contracting Party
only from or through action by City.
_6 154
5. INSURANCE.
5.1 Insurance. Prior to the beginning of any Services under this Agreement and
throughout the duration of the term of this Agreement, Contracting Party shall procure
and maintain, at its sole cost and expense, and submit concurrently with its execution of
this Agreement, policies of insurance as set forth in "Exhibit E" (the "Insurance
Requirements") which is incorporated herein by this reference and expressly made a part
hereof.
5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance
to Agency along with all required endorsements. Certificate of Insurance and
endorsements must be approved by Agency's Risk Manager prior to commencement of
performance.
6. INDEMNIFICATION.
6.1 Indemnification. To the fullest extent permitted by law, Contracting Party
shall indemnify, protect, defend (with counsel selected by City), and hold harmless City
and any and all of its officers, employees, agents, and volunteers as set forth in "Exhibit
F" ("Indemnification") which is incorporated herein by this reference and expressly made
a part hereof.
7. RECORDS AND REPORTS.
7.1 Reports. Contracting Party shall periodically prepare and submit to the
Contract Officer, or assigned designee, such reports concerning Contracting Party's
performance of the Services required by this Agreement as the Contract Officer, or
assigned designee, shall require. Contracting Party hereby acknowledges that City is
greatly concerned about the cost of the Services to be performed pursuant to this
Agreement. For this reason, Contracting Party agrees that if Contracting Party becomes
aware of any facts, circumstances, techniques, or events that may or will materially
increase or decrease the cost of the Services contemplated herein or, if Contracting Party
is providing design services, the cost of the project being designed, Contracting Party
shall promptly notify the Contract Officer, or assigned designee, of said fact,
circumstance, technique, or event and the estimated increased or decreased cost related
thereto and, if Contracting Party is providing design services, the estimated increased or
decreased cost estimate for the project being designed.
7.2 Records. Contracting Party shall keep, and require any subcontractors to
keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports
(including but not limited to payroll reports), studies, or other documents relating to the
disbursements charged to City and the Services performed hereunder (the "Books and
Records"), as shall be necessary to perform the Services required by this Agreement and
enable the Contract Officer, or assigned designee, to evaluate the performance of such
Services. Any and all such Books and Records shall be maintained in accordance with
generally accepted accounting principles and shall be complete and detailed. The
Contract Officer, or assigned designee, shall have full and free access to such Books
-� 155
and Records at all times during normal business hours of City, including the right to
inspect, copy, audit, and make records and transcripts from such Books and Records.
Such Books and Records shall be maintained for a period of three (3) years following
completion of the Services hereunder, and City shall have access to such Books and
Records in the event any audit is required. In the event of dissolution of Contracting
Party's business, custody of the Books and Records may be given to City, and access
shall be provided by Contracting Party's successor in interest. Under California
Government Code Section 8546.7, if the amount of public funds expended under this
Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject
to the examination and audit of the State Auditor, at the request of City or as part of any
audit of City, for a period of three (3) years after final payment under this Agreement.
7.3 Ownership of Documents. All drawings, specifications, maps, designs,
photographs, studies, surveys, data, notes, computer files, reports, records, documents,
and other materials plans, drawings, estimates, test data, survey results, models,
renderings, and other documents or works of authorship fixed in any tangible medium of
expression, including but not limited to, physical drawings, digital renderings, or data
stored digitally, magnetically, or in any other medium prepared or caused to be prepared
by Contracting Party, its employees, subcontractors, and agents in the performance of
this Agreement (the "Documents and Materials") shall be the property of City and shall be
delivered to City upon request of the Contract Officer, or assigned designee, or upon
the expiration or termination of this Agreement, and Contracting Party shall have no claim
for further employment or additional compensation as a result of the exercise by City of
its full rights of ownership use, reuse, or assignment of the Documents and Materials
hereunder. Any use, reuse or assignment of such completed Documents and Materials
for other projects and/or use of uncompleted documents without specific written
authorization by Contracting Party will be at City's sole risk and without liability to
Contracting Party, and Contracting Party's guarantee and warranties shall not extend to
such use, revise, or assignment. Contracting Party may retain copies of such Documents
and Materials for its own use. Contracting Party shall have an unrestricted right to use the
concepts embodied therein. All subcontractors shall provide for assignment to City of any
Documents and Materials prepared by them, and in the event Contracting Party fails to
secure such assignment, Contracting Party shall indemnify City for all damages resulting
therefrom.
7.4 In the event City or any person, firm, or corporation authorized by City
reuses said Documents and Materials without written verification or adaptation by
Contracting Party for the specific purpose intended and causes to be made or makes any
changes or alterations in said Documents and Materials, City hereby releases,
discharges, and exonerates Contracting Party from liability resulting from said change.
The provisions of this clause shall survive the termination or expiration of this Agreement
and shall thereafter remain in full force and effect.
7.5 Licensing of Intellectual Property. This Agreement creates a non-exclusive
and perpetual license for City to copy, use, modify, reuse, or sublicense any and all
copyrights, designs, rights of reproduction, and other intellectual property embodied in
the Documents and Materials. Contracting Party shall require all subcontractors, if any,
$ 156
to agree in writing that City is granted a non-exclusive and perpetual license for the
Documents and Materials the subcontractor prepares under this Agreement. Contracting
Party represents and warrants that Contracting Party has the legal right to license any
and all of the Documents and Materials. Contracting Party makes no such representation
and warranty in regard to the Documents and Materials which were prepared by design
professionals other than Contracting Party or provided to Contracting Party by City. City
shall not be limited in any way in its use of the Documents and Materials at any time,
provided that any such use not within the purposes intended by this Agreement shall be
at City's sole risk.
7.6 Release of Documents. The Documents and Materials shall not be released
publicly without the prior written approval of the Contract Officer, or assigned designee,
or as required by law. Contracting Party shall not disclose to any other entity or person
any information regarding the activities of City, except as required by law or as authorized
by City.
7.7 Confidential or Personal Identifying Information. Contracting Party
covenants that all City data, data lists, trade secrets, documents with personal identifying
information, documents that are not public records, draft documents, discussion notes, or
other information, if any, developed or received by Contracting Party or provided for
performance of this Agreement are deemed confidential and shall not be disclosed by
Contracting Party to any person or entity without prior written authorization by City or
unless required by law. City shall grant authorization for disclosure if required by any
lawful administrative or legal proceeding, court order, or similar directive with the force of
law. All City data, data lists, trade secrets, documents with personal identifying
information, documents that are not 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,
-g 157
safety, or general welfare, City may take such immediate action as City deems warranted.
Compliance with the provisions of this Section shall be a condition precedent to
termination of this Agreement for cause and to any legal action, and such compliance
shall not be a waiver of any party's right to take legal action in the event that the dispute
is not cured, provided that nothing herein shall limit City's right to terminate this
Agreement without cause pursuant to this Article 8.0. During the period of time that
Contracting Party is in default, City shall hold all invoices and shall, when the default is
cured, proceed with payment on the invoices. In the alternative, City may, in its sole
discretion, elect to pay some or all of the outstanding invoices during any period of default.
8.3 Retention of Funds. City may withhold from any monies payable to
Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or
damages it reasonably believes were suffered by City due to the default of Contracting
Party in the performance of the Services required by this Agreement.
8.4 Waiver. No delay or omission in the exercise of any right or remedy of a
non -defaulting party on any default shall impair such right or remedy or be construed as
a waiver. City's consent or approval of any act by Contracting Party requiring City's
consent or approval shall not be deemed to waive or render unnecessary City's consent
to or approval of any subsequent act of Contracting Party. Any waiver by either party of
any default must be in writing and shall not be a waiver of any other default concerning
the same or any other provision of this Agreement.
8.5 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies
of the parties are cumulative and the exercise by either party of one or more of such rights
or remedies shall not preclude the exercise by it, at the same or different times, of any
other rights or remedies for the same default or any other default by the other party.
8.6 Legal Action. In addition to any other rights or remedies, either party may
take legal action, at law or at equity, to cure, correct, or remedy any default, to recover
damages for any default, to compel specific performance of this Agreement, to obtain
declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes
of this Agreement.
8.7 Termination Prior To Expiration of Term. This Section shall govern any
termination of this Agreement, except as specifically provided in the following Section for
termination for cause. City reserves the right to terminate this Agreement at any time, with
or without cause, upon thirty (30) days' written notice to Contracting Party. Upon receipt
of any notice of termination, Contracting Party shall immediately cease all Services
hereunder except such as may be specifically approved by the Contract Officer, or
assigned designee. Contracting Party shall be entitled to compensation for all Services
rendered prior to receipt of the notice of termination and for any Services authorized by
the Contract Officer, or assigned designee, thereafter in accordance with the Schedule
of Compensation or such as may be approved by the Contract Officer, or assigned
designee, except amounts held as a retention pursuant to this Agreement.
-10- 158
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
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: Dianne Hansen
Management Analyst, Parks/Landscape
78495 Calle Tampico
La Quinta, California 92253
To Contracting Party:
USA SHADE and Fabric Structures. Inc.
Attention: Ashley Donde
Senior Regional Manager
1085 N. Main Street, Suite C
Oran, CA 92867
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.
12 160
10.5 Integrated Agreement. This Agreement including the exhibits hereto is the
entire, complete, and exclusive expression of the understanding of the parties. It is
understood that there are no oral agreements between the parties hereto affecting this
Agreement and this Agreement supersedes and cancels any and all previous
negotiations, arrangements, agreements, and understandings, if any, between the
parties, and none shall be used to interpret this Agreement.
10.6 Amendment. No amendment to or modification of this Agreement shall be
valid unless made in writing and approved by Contracting Party and by the City Council
of City. The parties agree that this requirement for written modifications cannot be waived
and that any attempted waiver shall be void.
10.7 Severability. In the event that any one or more of the articles, phrases,
sentences, clauses, paragraphs, or sections contained in this Agreement shall be
declared invalid or unenforceable, such invalidity or unenforceability shall not affect any
of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this
Agreement which are hereby declared as severable and shall be interpreted to carry out
the intent of the parties hereunder unless the invalid provision is so material that its
invalidity deprives either party of the basic benefit of their bargain or renders this
Agreement meaningless.
10.8 Unfair Business Practices Claims. In entering into this Agreement,
Contracting Party offers and agrees to assign to City all rights, title, and interest in and to
all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or
under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of
Division 7 of the Business and Professions Code), arising from purchases of goods,
services, or materials related to this Agreement. This assignment shall be made and
become effective at the time City renders final payment to Contracting Party without
further acknowledgment of the parties.
10.9 No Third -Party Beneficiaries. With the exception of the specific provisions
set forth in this Agreement, there are no intended third -party beneficiaries under this
Agreement and no such other third parties shall have any rights or obligations hereunder.
10.10 Authority. The persons executing this Agreement on behalf of each of the
parties hereto represent and warrant that (i) such party is duly organized and existing,
(ii) they are duly authorized to execute and deliver 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]
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
stated below.
CITY OF LA QUINTA, CONTRACTING PARTY:
a California Municipal Corporation
JON McMILLEN, City Manager
City of La Quinta, California
Dated:
ATTEST:
MONIKA RADEVA, City Clerk
La Quinta, California
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
Name: David Schneider
Title: Vice President
in
Name: Virginia Marquez
Title: Assistant Secreta
Exhibit A
Scope of Services
1. Services to be Provided:
Installation of a shade structures at Fritz Burns Park located at the corner of 52nd Avenue and
Avenida Bermudas; and at the X-Park located at the corner of Dunes Palms Road and Black
Hawk Way.
Fritz Burns structures at the pickleball and tennis corridors, and over the seating area.
.r
5
t.1111cn.�Ifrlly.
i
FaundailcmmBy
Lr5A5hade
Urilirvper
Hip EiWded
Greutlnstaxenor,
L5AShad C
5trt►cture5ltz_
20 t x 60ft
FoottagType:
twilled Pier
USA Shade Model Number
602-6
BawAttachrnent:
PIN - Embed
Entry Height;
No corcolum1,6!
no or Tabor l: t"
FahrlcType;
f abek Color_
i aft
6 12.4f! .FFsel coW-m
1
C4lourshade_FF
ereef
Anehot bolts:
Concrete Cutting,.
Dirt FtemwA
5ixt—Type
NIA
Included
IricItOed
1x Concrete} 5x Dirt
-
r
;teel Finish:
C"atalPf ner wf aonaer
Caalin
rrwJudes reltsforced panels along rkdge and rafter for
high wind and sand r ond"etio Client responsible.to
relocate, limb cam {lnciudiog foorings) acid
nAwatron of electrical behind bleacher block area
teel Woe:
Beige
Electrteal Provisions=-
NIA
CahiejNDW Finish:
Galvanized
Cancapt W.
nit QuaptW.
i
FoundatioruBy
USASharfe.
nlrType:
Hip Joined
Grcutlastellation
USA Shade
trixture Slier.
16ft x 64it
Footing Type.
gilled Pier
SA Shade Model Number
603-5
Base Attachmelit;
PIH - Ernbed
airy H&EhL-
9f#
Auxhvr11dks-.
N f q
e-3fCalumn5:
6
ConcreteWiting:
Indkided
o or Fabrk Top=a
2
Dirt Rernotai-
Included
abrlc Typr::
CoiaurBhade Fli
surface Type:
Concrete
n'bric CeJor
tael;finish:
Blue
:08°t8l Fflrnef Vf Po'Hdf:r
CoullnLr
In hides reinforced panels along fldgr arrd rafter l'or
high wind and sand mndlibns client responslble for
any repair to cvncrele work, fliltng of exlsting hales
and removal of trees_
tee! Color.
White
lectrka iSroytslons:
ablefHOW Finish
Galvanized
oneepLMu;
Exhibit A
Page 1 of 12 Last revised summer 2Q6
—
f�« •
-s
Between Courts
Unit Quantih-
- i _ _ 2.
1
FOttndabond Ey
USA Slade
Unit type:
Hip Joined
Gimtrnsiallation
USA Shade
Structure Size:
16ft x 96ft
Footlng Type
❑rflled Pier
L15A Shade Model yumter
601 S
Base Attarhment
Plid - Embed
Etttry HeW_ht
9ft
daiLmr dolts.
N/A
NooFColurnas:
8
Cs. ncmtcCuttlr�_—
Included
NP of FaflrK TrYfi
3
Drt RetrrtVa::
Included
FabricTypc
Celourshade_FR
are Type-
Concrete
Fabric Color
81U9
5teG1 F1nL4h.
oestal FImerxj Po. der
lndudesrein€orcedpanels alongrrdgeand rafter for
nigh wind and xnndaandaicm Diem mpartsibie for
any mpaireo eancmre xmrt, rdGng of existing hales
andrernamloftrtcs
StaelCoior
White'
E!2[frrG71 Pr4lrippns
M1% A
Cahle/HDWFrnisn'
Cwr[ept No:
PAYMENT TERMS.
(1) Upon execution of the Agreement (Deposit)
(2) Upon delivery of Unit(s)
(3) Upan completion of asemblyfinstallafion
(4) Other {specify):
Pricing based on SourceweII Contract # 010521-LTS
USA SHADE reserves the right to implement a surcharge for significant increases in raw materials, including the following, but
not limited to: fuel, steel, fabric, and concrete. Proposal pricing is only valid for 15 days to the fluctuation in pricing. Due to
recent significant increases experienced in raw steel and fah ric materials, it may be necessary to order, invoice, and receive
payments for steel and fabric as soon as final siritig can be determined.
Exhibit A
Page 2 of 12
164
X-Park structures located at the turf area along the west side of the park (area 1); and
east of the building (area 2); and two structures in the center of the park (area 3).
Exhibit A
Page 3 of 12
165
(I) Upon exE=ian of the Agreement [Deposit) Contract
(2) Dpon delivery of UE t{s)
(3) Upon completion of asQmb4yfinstallaticn 100%
(a) Other{specify): (No Progress Billing)
Pricing based on SourcewellContract#010521-iTS. Above Terms approved h7
VP-NOFtOR
Building Code I CDC 2022
Wired Load
115 mph
Snow Load
5 p5f
Drawing Size
11 X 17
No. of Seared Drawings
1
Cal"lations Required
YES
INCLUDED
0
EXCUUDED
❑
INCLUSIONSEXCLUSIONS
ENGINEERiNG REQUIREMENTS
Seared Drawirwp & Calculatians
INCLUDED
0
EXCLIJUED
❑
INSTALLATION - MISCELLANEOUS
Prevailing Wage f Certired Payrol!
p
❑
Permi[SubrWntal
❑
+❑
Gnian Wages
❑
p
Permit Fee
❑
D
Fencing
El
+❑
DSA Submittal & Fees
D
s❑
water and ElectrmA
1
❑
Design and Engineenng of StrucWna
i7
+❑
Landscape Repair
p
❑
❑esign and Engineenng at Foundation
n_
n
Demolitian (Existing Structures)
❑
0
Ilea� and Load] foe att.:h—.t be W.R,, Roofmps,o 00—
C.?
D
Payment and Performance Bonds
❑
21
Foundation Location and Elevation Suveey
l:1
Q
Special Inspection Fees
Exhibit A
Page 4 of 12
166
Construction Assumptions
1] The designated area for our structures will be accessible by drive -up for unloading of our trucks and equipment, including personnel roan-lifts,forkiifts,
etc. Should a crane be required and direct access not available, additional costs for such will he submitted by a Change Order.
2) Our pricing is based on the ability to perform all of our work with dear, sequential, and continuous access without interruption during normal daytime
working hours_ We have assumed one mobilization for the installation offoundations, steel and fabric; ifadditional mobilizations are required, there will
bean additional charge_ We will require exclusive access to the area for our work during the construction process.
3] Our pricing does not include daily site delays aocessing the work areas. USA SHADE will submit a Change Order for arty delays caused by other trades
which interfere or cause us to stop working.
4] We will require site saaitaryfacilities and refuse containers by others within 2DO feet of our work_
S] USA SHADE will leave its work and materials in a dean condition atthe conclusion of our work_
6] Barricades and publicsecurity requirements are not included_
7] Unless specifically included in this proposal, this agreement does not include, and Company will not provide, services, labor, or materials for any of the
following work: (a) removal and disposal of any materials containing asbestos or any hazardous materials as defined by the EPA; (b) moving Owner's
property around the installation site; (c) repair or replacement of any Purchaser or Owner -supplied materials; or (d) repair of damage to existing surfaces
that may occur when construction equipment and vehicles are being used in the normal course of construction.
8] Pricingfor foundation design is based on drilled pier footings. In the event the geotechnical report requires an alternate configuration, any additional
cost incurred will be submitted to the client by a Change Order.
9] Digging of ourfoundations will not be constrained by any existing concrete or utilities. USA SHADE will not be responsible for moving or repairing any
underground utility lines such as electrical, telephone, gas, water, or sprinkler lines that may beencountered during installation.
10} Any additional casts incurred as a result of hard rock conditions requiring extra equipment, utility removal or repair, resulting in delay, will result in
additional charges unless they are detailed on as -built site drawings provided to USA SHADE or marked on the ground and communicated to USA SHADE in
writing priorto installation_
Exhibit A
Page 5 of 12
167
GENERAL TERMS & CONDITIONS AND WARRANTY
1) Pro": -ille-aboye pmposal%valid for 15 days fi orri flue date first setfoitfi alove_ Ater 14 dais, vie ieser-wt;re riehtto inrYeaseiirites due to the rim
in cost of rawmateriats, fuel, or other cost increases When applim6le, USASNAr]h & Fabric Structures reserwes the right to implement asrdsrge for
significant increases in raw matQ ials, including, butnat Imbed to, loss, steel, and cnncrete- IDuetothe duraUcin aftime behtieen proposals, aorrtra ts, ano
final instaliabon, USA SHADE & Fabric Shsrcbrras reserrrsthr right to inklocmcntthis surdrorgc; when applimhi'c
2) Purchaar: By executing this prormsal, or subm ttirga purctmsc n-der punnuanE to this proposal (which shall incoracratc the tmrn of the ngrrement
5pecifically5y tpferencet whlctn Is at[epred by IISA SHADE & Fabric 91mrrhre5 (tire "Cr�rnparrrr"), the purchaser Idengited alcove ("vou artiie "Purrhasefj
agrees to purchase Shade Strvdures arrdsh3de structres ('Stn,ckures") and Ehe services to he provided 6ythe .=ompinyr as detailed in Hie "SEnxhre
Priclneand "General Scope of Work" sections oFbinis agreement, abme, or in the relevantpurrchme orderaccepted bye the CarnpwW, for use by PurdiwEr
or for crshihtion blr Caanpany m Purclicanr on hehO of a third p rty who wril be the ultimate owner of the S€rucbiren (LFm utLimotc ovnrer of a Arurdurn,
whemei Purchaser or a tldrd-Daitir. bore the "Owryer").
3) SbXi. SIAIKIAWS: Puiclkasel hm 1.5 days from receptoi the structarles io frea 5hcHtsNp rep=in writing to ltssales relsresentan x. ComparWiml not
immy clams wade afWr tfiis ti ire
4) Standard EkLiuskxn Unless sGedficalhrincldaied under the 'Gereral Stave of work" sedlon above, thisureement does not Include. ared Cc m9anv wnI
not provide, services labor, fir materials for any of thefnllowi ng wart. (a) removal aed dispcsal of any materiaR rontaining ashestrx or any hazardous
na€eriak as defined by the EPA; [b) masnng Ovaves prapertyamund the installaCun site; (cl repair or replacement of any PurchwerorOrvrier-supplied
materaLr: 1d) repair of concealed underground uhikies not located on prints supplied to Cornpanyby Ownerdurirg the biddingprocessr or phirsical ty
staked out by Owner, and which art damaged duringcoru€ruc#ion durargnornaf caurxafconstruction.
51 Bondim6uidclinea:ifNrdraserwAluxorprovi3ctimStructures and Scrvicezfor anOwnesoiherthan Phurcl- s 4lindudir_ vrithorklimitaton,asa
mbeontracmr ctPurrham 1, Purchacery l include thefdliamirg sraternem in Purchasees contract urth Owner:
'rhemanufactur�s werrantY For the Shade9tructurcbrand sltade struchrres is a separate document between USA SHAI)E & Fabric Structufesard
the riltlrr-e saner of the Shade 5inrrtirres brand gharfe stn-kTures, whtir well he prcwidedtotherrlhmate mvrer at The trine of oornple4lon of the
install atfon and ether services to be provided by USA SHADE & Fabric5truct_rran_ Due to surety requirements, any performance ar.d forpayrrx-mt
bend wdP covrsanly this first ycar cf thcUS4 ;,HARE & Fabric9truttucs warranty."
6) Insurance Requirements: Company is not requiredto-pracAde airy insurance coverage in excess of CcvnpratysAmndard insurance. AL cow cfthe
Company's standard insurance is awngahic for your review prior to acceptanoe of the Campam f s proposal.
7) Peynsent:.Terrra uF ayrnertwe defined in the'Pridng Dcta h" suet an and are spetili LAG thfm rontradt- Fos purposes of this agreement. 'Completiun, is
defined as heirtgt're pant aft which the 5hu,-hrie is siul=ble Fcr N irrended use, the issue of occupancy consent, ar a final building de-partmentapproval is
issued, whichever occurs firs:. Progress bilBrrg and payment wi ll be required. AR payments must ba made to Shade Strveturn, Inc., P_O. Box 73s158,
Ca fas, TK 75373--0158 r_umpany may tiseafl femedies avarlab�e to it under current lawsifidudva but ratlimited ta, ilUngof Inns a0rtstthe property
and ruing a collection agency or themurh to w-mre the oolrectian ofthe outstikndrngdebt.
8) Lien Re€eaces: Upon req uestby owner, Ccimparry wnll Issue appropriate partial Aen Meases as =espondlig payments are reee:wed fern Purchaser, but
prioi tc rccc: ing final payrne t from Purchaser or Owner. Company will prawidca NO rdwse of limo upon mcxipt of final payment- In aaardance with
sure riT^ C,omparn/re5erVe5'he nOt to place alien an the propeatyrffloal paymenthas ri bezn race wed 10 days pnlo( Wa tte Nine deadline forllLm
9) Site Plan AnproyM. Perrnitis Permit fees. flans. friArreerins< Onawines. and 5urvevinF: Site plan apprmal, permlM perfnkfee5, plans, englneerla g
dra. ngsr and surveying are specifialiy excluded from thin agreement and theSemiees unhss specified under the "General Scope of Worir"_ lire Company
d o= not in any way warrant or reprmcnt Ux t a permit or site plan approval Far sAnstnt±ion wnfl be obtolred. Sealed rngirrccrcd drawings that arc
rewired but not included in the "General Scope of 4Arork" wadi rewit in an additional cast to Purchaser.
101 an2rwAactueiiy2 & Oeiiueryr Manufec-,unng lea tine from Companyrs reeaupr cl ttre"Motl7e To Proceed— k appravrn^atelyr fi la 8 aeeeK5 for standard
strachrres, and 8 to 12 weeks for custom stnxtures_ D6yeryis apprcaurnatdy L veeekthercafter €}elivery of.5tntctuses mar be prior to or at start of
assernbty. Rlease note d!atthese trrneltnes k nut include awiavas or KrinirUnE tlnieframe5_
11) Returntd Product, Depo4h, and/or cancelled Order. Witfin the f ut 45 days miter A4"cn#fromourfacrkty, al returned productts) and cancelled
orders ire skibierl m a 50:a re�txkrne Fee. Nofe-hutns are ararlahle FoLlow4ri2this 45 day venad. All depaslcs are tlorrtefundable_ AJI E�wemes Incurred
€einjnea=ng, site sun+eysrshlPpong h'- > in& etc.) are the resgomilbiiiLy of the Purdhaserr up to notice dcminoeliatveru
Exhibit A
Page 6 of 12
168
12) Concealed Conditions: "Congealed conditions" include, without I! mitation,water, gas, sprinkler, electricalandsewage lines, post tension cables, and steel
rebar. This agreement is based solely on observations the Company was able to make either byvisual inspection or by drawings andjor plans submitted by
Owner atthe time this agreement was hid_ If additional Concealed Conditions are discovered once work has commenced, which were not visible at the
time this proposal was bid, Company will stop wort and indicate these unforeseen Concealed Conditions to Purchaser or Owner so that Purchaser and
Company can execute a Change Order for -any additional work. In any event, any damage caused by orto unforeseen Concealed Conditions is the sole
responsibility of the Purchaser and Company shall not be held liable for any such damage- Soil conditions are assumed to be soil that does not contain any
water, hard rock (such as limestone, caliche, etc.), rocks larger than 4 inches in diameter, or any other condition that will require additional labor,
equipment and/or materials not specified by the Purchaser or Owner in the bidding process_ Any condition requiring additional labor, equipment, and/or
materials to complete the drilling or concrete operations will require a Change order before Company will complete the process- Price quotes are based
on a drilled pierfooting. Any variation will incur additional charges (i.e. spread footings, concrete mat, sand, water, landfill, etc.). Costs for footing and
installation do not include any allowance for extending below frost lines (the additional casts for which vary by geographical region)_
13j Charges in the Wofk: During the course of this project, purchaser rnay order charges in t hework(both ;additiaro, andddetium)-AdditioreHy, an
alwoufng agencymay requlne chaaiges In the work fr4rnthe origmi desljii w enginEfficgQ"ed and pfcMded bytlreCompanyfbottlacicl rs and
deletions.}Tfhevast of these changes wii be detErmlmd bvthe CoTlpwry and a Gtanee arderfomt rrtsr ae cormleted arrd srened byboth The Purchaser
and the Company, which will detail the "Gano-A Scope ofthe Change Order'- Should any Change Order he essential to themmpleban of the projEdr and
t h-_ Purcf-.wstr refuses to authorfm such Charge Crderr then Company wil l be detmr:d ba have performed its part of the project, and the project and
servtoes wA betemhlneted- Upan sudhterm natlosh, Companywill subrM a final blJling to Purchaser for payrrpeM less a Iabcralfflwanie for work not
performed but irduding additional charges innneddue to the stoppage- No credit will be alloyed farnrotEdmls sold andsuppied, which wli remain the
property of the turchaser_
14- 5taferaen1ofLfmitedWarranfy:
• Thestnvctrrral integrity of all supplied steel is warrardedfortanyears.
• If osscmhly is provided by tic Company, worktronship cE thestructurr is rowed forma year, including. labor lor#he rtmoval of anyfailed part,
disassembly ff necessary). wst of Sh olainF, and remsenibiv-
■ Ail steed volace If nkh es are wanaTTced forone year
■ Shadesuraw, Calourshade$ FIR, eXtreme32TM, 0ammercial 951, SaFpsfraden, and Monnt2e3701fabeirsaN carrya ten year lirritzdmanufacturers
worranty wgainst failure fmnm rig A,.rn fadin& detu arntion, breakdown, outdoor heal, `old o, d-ocoloRAkrR. Shoufdthefabrk Freed to br raploced
urdertt a warranty, the Company yell manufacture and slip a new rerdacerrerwfabrrc atnn cbargefG"he first s#cyears. Thereafterprc�TaTed ai70% per
year aver the remabTing four years_ The fo&wrngwe except000s to the preceding warrarntyterm&
o Amesvre- Fabrics In Red, Ye[tow, mormir. oranee. Eiecric Purple. Ztity Lnke. Glnnarnoo, Clive, ahld rr+7tllf7tyry carry a bile year arofated
o fabric tolasattarhedta [oolbrelia- stminums cafrrf a rhme year wafranzv-
a Individual fahrictnps measuring greater than dfi' in leargthare ccr.�ered irf a non-pv�rated five •pearhrrarranty,
n Preoonh-dkitSD21waterproofn3emhraneissubject tcaneight yfwpro-rated vearmrrty.
• Sowing Sfrrrad o warranted for tcnyearn.
Genaral Lim ted Wanardy Terms and Conditions
■ Tfrmc limited wm:rantics are cFfed ivc From tfhc dote of xslr, or, ifcmernhly n provided by ttK Company, upvTi rrocipL by Company from Purchnicrof a
ernnpfeted aid signed YAatomer Check] M andSlerroii corm
■ In its sole drurEtion• the Company m I I repwr and orfrep:ace delestive ATuctures, products arwartmanstvp• or refund that portion of the pnce related to
the defect ve prodadk, i3borr w serihce rendered.
■ The Company reserves the right, in cases where certain habcic mlamhwve been d-rsmrrtinued, to ofherthe Purchnerar dumev a choice ofav:ilable
alternative colors to replace the warrantedfabdc- The Company does aotgl arameetfhatanypartiadar color will be avallahie for any period oftime, and
reserves the rj& to discontinue any coaar ferany reason, without *ec.,urse lsy the purchaser or owner afthe dbronthued fabric color_
• SihouktthrPurcha_ccorOwrxrselrtixstracturestaanotherparty. thevmfrrxrtycnnruAbetrnnsfrxredfother<wamrierntfhioutacompleteand
dmrolgb orhrce irtspecticarperfrirrned by a Con rpauy rresintartlre- Please contartthe Company at wanantyeukrsfhade.comfor more detail&
Aft wonanty clairihs cvverlanE CnmPar V WPlledstiudures- prcclurts. andsemllces rnrat he subrtW d tN Pur€ihaseraa Caemer lnwrmneto the Company
within thirty days from the dateflf discovery uftfre alleEDe•d defect and mustindude a detailed des(TU )nand aoplicabte#hatwa^ of the alleged defect
orproblEwL Warrafdtycl3msshauidbesrebFnttedbyemailtc)vmr;antpLou,arshade-com-
Pu-haser or Ovmer agrees: that wemue for any court ac*-io n tc anfnrce t+ ese limite:f war anties shall be in t he City ar Coanty of E]all as in the Stale of Texas,
USA
41 These li rrited wRJnanties are void if
❑ the supplied structures, pfoduutsrsRrvlces and/of labor arernt paid For in FuJ1.
o the structwes are not assernbied try !-krict rompllame urfth USA SHAPE sperJF iatiom,-
o arfchangrs, raovifications, additioro, or citachmerti aremade to the structures iAargway, r ithuutprior writtenapprcvml from the Gamfaarw.
speancally, no signs, ohJerts,fatts, IlgbtMures. etc mayaehung frornthe structures,urdess specrflcaltyenerneened by the Company_
Exhibit A
Page 7 of 12
169
• Thrsc im2rd wa rantim do not covcf dlrFtzU arad(or darnogn cnLard by-
* normal weer and tear,
o misuse, Wlfulor In1f'nt1cnal damage- vandalism, contact wiehchemicals, cuts and Acn of God T_e- tornado. Itutrtcafle, mrcformacrns burst'
earthquake M(Mrm etcl
o ire, snow or wind loads in --geese cfthe designed load parameters engineered Per the supplied structures;
fT iJ5t, maintenance, neglect, repair-, andfor service inromiverr- wththe CoRpaWs written care and rnaintendnHm Inshuctliln5, prOYtded With the
order.
• The limited warranties ezplizh:ly exdude:
o workmanship related to assennhty not psauded bytr a Company orits agants:
o fabric kzr�irTs, valarrccs, and flat rcytical pariets;
o faltdctaps installed Dn structures that werenat engineered and oridnA supplied by the Company.
• THE COMPANY SHALL NOT BE LIABLE FOR ANY INCIDENTAL, C.ONSEQUEN',LAL, SPECIAL. UQUIDATED, EXEMPLARY, OR PUNMVE DAMASE-Sr OR ANY LOSS
OF REVENUE, PROFIT, USE OR GDODWILL, WNHEMER BASED UPON DDNTRPLT, TORT IINCILIDLIrIG NEGUGENCOrOR ANY ❑THER LEGALTHEORY ARISING
OUT OF AL BREACH DFTHtS V u PRAPEY OR the MNNECTItIN WITH THE SALE, INSTALLAMOH, WilkiTENANCE, USE, OPERATION OR REPAIR ❑F Nm v
PRODUCT OP SERMCE. IN NO EVENT WILLTEECOMPANY BE LIABLE FOR ANV AMOUNT GREATER THAN THE PURC+USE PRICE FOR ANY PROIDUCrOR
SERVICE FROMDE13 by THE ODMPANY.
* TFE Fi7REGC1NG LIMITED WAARANTf IS THE SOLE AND EXCLUSIVE WARRAhlrY FOR THE COMPAMPS PRODUCTS AND SERVICES, ArJD]SIN LIEU oi,ALL
OTHER WAR PANTIES, EXPRESS OR €MP UED, IN LAW OR IN FACT. SELLER SPECIFICALLY DECLAEMS ALL OTHER WARRANTI ES, E YP R ESi CR tMPU ED,
INCLUDING, VVIITHOUT LLMITA'70N, ALLIMPUED WArRRANTIES OF MERCk WNTABU YAND FITNESS FOR APARMUtAR USE OR PUR1`CGE,AND ANY
IMPLIED WCRRAN7[€S ARISING OLIT OF C13URSE OF DEALiNG i)R PERfORM,CNCE WiTRpDE U,`;uGE PURwry,gGEfl, fffAUCEPTANGE AND UM OF THIS
LIMITED LW1ARRANTlr, WAIVES ANY RiGHTSCf "(JLD OTHERWISE HAVE TQCLAkM DR A-'L%U MATT HIS UMITED WARRANTY FAIL; OF FM ESSENTIAL
PURPDSE
C? Immhad• °mod a7rtn-32' aro rajrict nd 4ndorrr h of Multi#nit Pty_ Lid
Cornrneroal 35"and 5afRsnaDe" are m&-,Derea uatlemarks of Gale Fadit USA Imr
&Lono�ec37orm is a rri-tered trademark of PRO�kHIT Jndwlr-es Ply. Ltd.
Prae—traint rilK- is a rag-,t—dtrmdamarir of Sarga F—ri Nc lh An—im,]-
1Ei] A;nerr Installatbn:
• CompanywillnatiiyNrthaseraftheschedrdedasaembiydate_OwneragrepstohaveanawnerrepcmerL4atiuemeet theassembly crew atthejobshe on
thesE9iedvled assembly datm toverlFV the exact?ccatlon vrir€reVle stftfckwejsl Is to be placed_
• Laborfor thr rernovalr assembly, and{orfneight charges will on}y becovared by Crrrpa<ly in instances where the struc:um supplied and installed by
Compmnrare drtermincd by the ODnpany W beck=Fcdirre. In all caws where3t*ucturo arc noi.:nAalled bN Canwany. all lobar Forthe removal, asxrnbIv.
anri/grfTefght maftlre sanmL�{Ir>Ps wlb bathe Purrhase'rs r�Llanslb:IrcY.
• h-L�Ilation prior are Isased on a sir>�e sr'>atrilia3Dn �Targe Ifadditianal rrobili�on.s are r�equire� theravri=l be addtional d-rarges.
• rf the requested service: require Carnpany access tD Cmwr`s premises. C�nrrpany will be pnmded access to the Ownef s pfernises frae and dearof debric,
au5xrlobi5es, or o7Ferinterffferoe Monday-Frkhy durirkgthe hours of S=Warn to 6_04pm, and Cbmparr!(wl I have acces, towaker aqd elecirrical fakdkjes
duFim h1&Lalla> M. AddLumial Ctlaroe5 will apply If tairi2S are not 2a5ilw accessible_ where a0ical}l e. all vebi [Its all be moved pi IUm to c&Roarlv's Efew
begiri"any i nstaRatan_
• Cwrq mrtlrvnb not be responsible formovirtgor rrpairing army unrdrrgroind utility lines ach as eletibical, telephony gasrwatcr, or sprinklerinrs that may
be ericguritered dim ne InstiiI gtian
• Any odditiono! casts incu,red ms a result of hard rock eoriditior-5 rn uirir godrm equilaxv nt, utAity rcn orai or mpairresulti % in delay will nes„ It in
additiDnal chyees unless H)EV are detalled cm as-hidltsIledrawinLps Rrovkied tD Coirrpany of cracked on the El olmd amid mmnwti malted to CornpanV let
vmUngp6arto fabricarborT and inkrWiatioa.
17} FateHetiortfAssemhhrarrsite: ►111nere iristailstionjesrsemhlk spmrt afthrc3o vlcesr �urcheser n,<at provide khc Company with a drtarlcd drowirg
prepared by pr For theawmer ahosxlne mcdv wtiereThe structures are In beassernNedmwAl as rktellinEanvobstadet or otherImedlrnents that uzv
causet w assembly prou-sto be more difficult Any fexttxaiS), eg_, p*gxound, Pools, etc., that the structures are to be assembled crer muetaLo be
detailed, alone V.flh tfreirAealk heights [if apgkablej.
19) 5itelUseReviewhyl'urehaler_Company reties emthe Rvrchasertodetennnethat The structummnrcL-red are app iariateandsafefortheOwnee
irLi llaboniitrare4vr intended a5c Cuwgmny is nut respumibie for don-mgm or injuriesrmultirg frvmcoilisivns by roaring objech ar pusoTnwith Lie
slriMire past(s). ComparryranracammerTd, or suppty a: additKw5al cast. padding For posts From a third InariV manufacorer.
1?j Preparatory Work: Mae instatlatior fassernblY is part of the services and in the event that JhC fOUndatiDn or jab site Ls not suitable or reader for
assembly t❑ hegin up thes&Eduled day, a Lrelay-of cirder rimllcatmn mist be sent to Cvmparrvat IeasT 4wT lrklrlg clays prior In order all4wGomparvM
reschedule the project In the euenfthat Companryis not notified and incurs an expense inallEmpting to execrte theassem6ly, a Fe -mobilization charge
r-W Ex-cf rgrd to Purchaser before CmnpanV will rzx_'rrdulc the oamraUV.
Exhibit A
Page 8 of 12
170
20} Delegation: Subcontractors: The services and the manufacturing and assembly of the structures may he performed 6y subcontractors under appropriate
agreements with the Company_
21) Force Majeure: Impracticability: The Company shall not be charged with any loss or damage forfailure or delay in delivering or assembling of the
structures when such failure or delay is due to any cause beyond the control of the Company, due to compliance with govemmental regulations or orders,
or due to any Acts of God, strikes, lockouts, slowdowns, wars, or shortages in transportation, materials or labor.
22) Dispute Resolution: Any controversy or claim arising out of or related to this agreement must be settled by binding arbitration administered in Riverside
County, CA by a single arbitrator selected by the parties or by the American Arbitration Association, and conducted in accordance with the construction
industry arbitration rules. Judgment upon the award may be entered in any court havingjurisdictionthereof.
23) Entire Agreement: No Reliance. This agreemerrt represents and contains the entire agreement between the parties. Prior discussion orverbal
representations by the parties that are not contained in this agreement are not part ofthis agreement. Purchaser hereby acknowledges that it has not
received or relied upon any statements or representations by Company or its agents which are not expressly stipulated herein, including without limitation
any statements as to the structures, warranties, or services provided hereunder_
24} No Third -Party Beneficiaries: This agreement creates no third -party rights or obligations between Company and any other person, including any Owner
who is not also a Purchaser. It is understood and agreed that the parties do not intend that anythird party should be a beneficiary of this agreement.
25) Governing law: The agreement will be construed and enforced in accordance with the laws of the State of Texas_
26) Assignment: Purchaser may not assign this agreement, by operation of law or otherwise, without the prior written consent of Company_ The agreement
shall he binding upon and insure to the benefit of the Company and the Purchaser, and theirsuccessorsand permitted assigns.
27)
Electronic Signatures_ Each party agrees that the electronic signatures ofthe parties to this Agreement, whether digital or encrypted, including but not
limited to the use of a typed name, are intended to authenticate this writing and to have the same force and effect as manual signatures_ Electronic
signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a party with the
intent to sign such record, including but not limited to typed or email electronic signatures.
Executed to be effective as of the date executed by the Company:
NOTE: FOR ANY PURCHASE EQUAL TO OR EXCEEDING $100,000.00 USD, NO WORN, OTHER THAN PRE -WORK, SHALL BE UNDERTAKEN
WITHOUT A MUTUALLY ACCEPTABLE AND SIGNED CONSTRUCTION CONTRACT.
PURCHASER:
SELLER:
City of La Quinta
Shade Structures, Inc. DBA USA Shade
Signature:
Signature:
By: JPnnt)
By: jPrint)
Title:
Title:
Date:
Date:
NOTE: All purchase orders and contracts should be drafted in the name of
Shade Structures, Inc.
Exhibit A
Page 9 of 12
171
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-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,
Exhibit A
Page 10 of 12
172
its elected officials, officers, employees, and agents free and harmless from any claim or
liability arising out of any failure or alleged failure to comply with the Prevailing Wage
Laws. It is agreed by the parties that, in connection with performance of the Services,
including, without limitation, any and all "Public works" (as defined by the Prevailing Wage
Laws), Contracting Party shall bear all risks of payment or non-payment of prevailing
wages under California law and/or the implementation of Labor Code Section 1781, as
the same may be amended from time to time, and/or any other similar law. Contracting
Party acknowledges and agrees that it shall be independently responsible for reviewing
the applicable laws and regulations and effectuating compliance with such laws.
Contracting Party shall require the same of all subcontractors.
2. Retention. Payments shall be made in accordance with the provisions of
Article 2.0 of the Agreement. In accordance with said Sections, City shall pay Contracting
Party a sum based upon ninety-five percent (95%) of the Contract Sum apportionment of
the labor and materials incorporated into the Services under this Agreement during the
month covered by said invoice. In the event there are any claims specifically excluded by
Contracting Party from the operation of the release, City may retain proceeds (per Public
Contract Code § 7107) of up to one hundred fifty percent (150%) of the amount in dispute.
City's failure to deduct or withhold shall not affect Contracting Party's obligations under
the Agreement.
3. Utility Relocation. City is responsible for removal, relocation, or protection
of existing main or trunk -line utilities to the extent such utilities were not identified in the
invitation for bids or specifications. City shall reimburse Contracting Party for any costs
incurred in locating, repairing damage not caused by Contracting Party, and removing or
relocating such unidentified utility facilities. Contracting Party shall not be assessed
liquidated damages for delay arising from the removal or relocation of such unidentified
utility facilities.
4. Trenches or Excavations. Pursuant to California Public Contract Code
Section 7104, in the event the work included in this Agreement requires excavations more
than four (4) feet in depth, the following shall apply:
(a) Contracting Party shall promptly, and before the following conditions
are disturbed, notify City, in writing, of any: (1) material that Contracting Party believes
may be material that is hazardous waste, as defined in Section 25117 of the Health and
Safety Code, that is required to be removed to a Class I, Class II, or Class I I I disposal site
in accordance with provisions of existing law; (2) subsurface or latent physical conditions
at the site different from those indicated by information about the site made available to
bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the
site of any unusual nature, different materially from those ordinarily encountered and
generally recognized as inherent in work of the character provided for in the Agreement.
(b) City shall promptly investigate the conditions, and if it finds that the
conditions do materially so differ, or do involve hazardous waste, and cause a decrease
or increase in Contracting Party's cost of, or the time required for, performance of any
part of the work shall issue a change order per Section 1.8 of the Agreement.
Exhibit A
Page 11 of 12
173
(c) in the event that a dispute arises between City and Contracting Party
whether the conditions materially differ, or involve hazardous waste, or cause a decrease
or increase in Contracting Party's cost of, or time required for, performance of any part of
the work, Contracting Party shall not be excused from any scheduled completion date
provided for by this Agreement, but shall proceed with all work to be performed under this
Agreement. Contracting Party shall retain any and all rights provided either by contract
or by law which pertain to the resolution of disputes and protests between the contracting
Parties.
5. Safety. Contracting Party shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out the Services, Contracting
Party shall at all times be in compliance with all applicable local, state, and federal laws,
rules and regulations, and shall exercise all necessary precautions for the safety of
employees appropriate to the nature of the work and the conditions under which the work
is to be performed. Safety precautions as applicable shall include, but shall not be limited
to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions
in accident prevention for all employees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing
apparel as are necessary or lawfully required to prevent accidents or injuries; and
(C) adequate facilities for the proper inspection and maintenance of all safety measures.
6. Liquidated Damages. Since the determination of actual damages for any
delay in performance of the Agreement would be extremely difficult or impractical to
determine in the event of a breach of this Agreement, Contracting Party shall be liable for
and shall pay to City the sum of One Thousand dollars ($1,000.00) as liquidated damages
for each working day of delay in the performance of any of the Services required
hereunder, as specified in the Schedule of Performance. In addition, liquidated damages
may be assessed for failure to comply with the emergency call out requirements, if any,
described in the Scope of Services. City may withhold from any moneys payable on
account of the Services performed by Contracting Party any accrued liquidated damages.
Exhibit A
Page 12 of 12
174
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 Three Hundred, Thirty -Nine Thousand, Two
Hundred Seventy -Three Dollars ($339,273) ("Contract Sum").
The break down is:
Project No 2022-26 Fritz Burns Park: One Hundred Eight -Five thousand, Fifty -Seven
Dollars ($185,057). This sum shall be paid to Contracting Party in progress billings:
• 10% upon completion of design drawings.
• 35% for materials before shipping; and
• Final balance on completion and acceptance of the work.
Project No 2022-28 X-Park: One Hundred Fifty -Four Thousand, Two Hundred and
Sixteen Dollars ($154,216). To be paid upon completion and acceptance of installation
after July 1, 2023.
Attached hereto for the work tasks performed and properly invoiced by Contracting
Party in conformance with Section 2.2 of this Agreement.
Exhibit C
Page 1 of 2
175
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.
Work shall commence on an agreed upon date on or around March 15, 2023, and
terminate on completion and acceptance of installation on or around September 30,
2023.
-2-
176
Exhibit D
Special Requirements
Contractor is responsible to pull required City permits (fees will be waived) and schedule
required inspections.
Shade fabric colors are to be blue.
Contractor is responsible to ensure all measurements are accurate. Contractor is
responsible for mobilization, storage of materials, and any required pedestrian and/or
traffic control.
EN61NEERING REQUIREMENTS
Ru'dd'ing Cade CBC 2022
Wind Load
115 mph
Snow Load
5 psf
Drawing Size
11 X 17
No_ of Sealed drawings
1
Calculations Required
Yes
Exhibit D
Page 1of1
177
Exhibit E
Insurance Requirements
E.1 Insurance. Prior to the beginning of and throughout the duration of this
Agreement, the following policies shall be maintained and kept in full force and effect
providing insurance with minimum limits as indicated below and issued by insurers with
A.M. Best ratings of no less than A -VI:
Commercial General Liability (at least as broad as ISO CG 0001)
$1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Non-contributory
Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,000,000 (per accident)
Personal Auto Declaration Page if applicable
Workers' Compensation
(per statutory requirements)
Must include the following endorsements:
Workers Compensation with Waiver of Subrogation
Workers Compensation Declaration of Sole Proprietor if applicable
Contracting Party shall procure and maintain, at its cost, and submit
concurrently with its execution of this Agreement, Commercial General Liability insurance
against all claims for injuries against persons or damages to property resulting from
Contracting Party's acts or omissions rising out of or related to Contracting Party's
performance under this Agreement. The insurance policy shall contain a severability of
interest clause providing that the coverage shall be primary for losses arising out of
Contracting Party's performance hereunder and neither City nor its insurers shall be
required to contribute to any such loss. An endorsement evidencing the foregoing and
naming the City and its officers and employees as additional insured (on the Commercial
General Liability policy only) must be submitted concurrently with the execution of this
Agreement and approved by City prior to commencement of the services hereunder.
Contracting Party shall carry automobile liability insurance of $1,000,000 per
accident against all claims for injuries against persons or damages to property arising out
of the use of any automobile by Contracting 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
Exhibit E
Page 1 of 5
178
or semi -trailer designed for travel on public roads. The automobile insurance policy shall
contain a severability of interest clause providing that coverage shall be primary for losses
arising out of Contracting Party's performance hereunder and neither City nor its insurers
shall be required to contribute to such loss.
Contracting Party shall carry Workers' Compensation Insurance in
accordance with State Worker's Compensation laws with employer's liability limits no less
than $1,000,000 per accident or disease.
If coverage is maintained on a claims -made basis, Contracting Party shall maintain such
coverage for an additional period of three (3) years following termination of the contract.
Contracting Party shall provide written notice to City within ten (10) working
days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the
required polices are reduced; or (3) the deductible or self -insured retention is increased.
In the event any of said policies of insurance are cancelled, Contracting Party shall, prior
to the cancellation date, submit new evidence of insurance in conformance with this
Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies
or certificates evidencing the same shall not be construed as a limitation of Contracting
Party's obligation to indemnify City, its officers, employees, contractors, subcontractors,
or agents.
E.2 Remedies. In addition to any other remedies City may have if Contracting
Party fails to provide or maintain any insurance policies or policy endorsements to the
extent and within the time herein required, City may, at its sole option:
a. Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this Agreement.
b. Order Contracting Party to stop work under this Agreement and/or
withhold any payment(s) which become due to Contracting Party hereunder until
Contracting Party demonstrates compliance with the requirements hereof.
C. Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to any other
remedies City may have. The above remedies are not the exclusive remedies for
Contracting Party's failure to maintain or secure appropriate policies or endorsements.
Nothing herein contained shall be construed as limiting in any way the extent to which
Contracting Party may be held responsible for payments of damages to persons or
property resulting from Contracting Party's or its subcontractors' performance of work
under this Agreement.
E.3 General Conditions Pertaining to Provisions of Insurance Coverage by
Contracting Party. Contracting Party and City agree to the following with respect to
insurance provided by Contracting Party:
Exhibit E
Page 2of5
179
1. Contracting Party agrees to have its insurer endorse the third -party general
liability coverage required herein to include as additional insureds City, its officials,
employees, and agents, using standard ISO endorsement No. CG 2010 with an edition
prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors
to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Contracting Party, or Contracting Party's employees, or agents, from waiving the
right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights
against City regardless of the applicability of any insurance proceeds, and to require all
contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contracting Party and
available or applicable to this Agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement relating to City or
its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not been first
submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve
to eliminate so-called "third party action over" claims, including any exclusion for bodily
injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification
and additional requirements by the City, as the need arises. Contracting Party shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability or
reduction of discovery period) that may affect City's protection without City's prior written
consent.
7. Proof of compliance with these insurance requirements, consisting of
certificates of insurance evidencing all the coverages required and an additional insured
endorsement to Contracting Party's general liability policy, shall be delivered to City at or
prior to the execution of this Agreement. In the event such proof of any insurance is not
delivered as required, or in the event such insurance is canceled at any time and no
replacement coverage is provided, City has the right, but not the duty, to obtain any
insurance it deems necessary to protect its interests under this or any other agreement
and to pay the premium. Any premium so paid by City shall be charged to and promptly
paid by Contracting Party or deducted from sums due Contracting Party, at City option.
8. It is acknowledged by the parties of this agreement that all insurance
coverage required to be provided by Contracting Party or any subcontractor, is intended
to apply first and on a primary, non-contributing basis in relation to any other insurance
or self-insurance available to City.
9. Contracting Party agrees to ensure that subcontractors, and any other party
involved with the project that is brought onto or involved in the project by Contracting
Exhibit E
Page 3of5
180
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.
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.
Exhibit E
Page 4 of 5
181
16. The provisions of any workers' compensation or similar act will not limit the
obligations of Contracting Party under this agreement. Contracting Party expressly
agrees not to use any statutory immunity defenses under such laws with respect to City,
its employees, officials, and agents.
17. Requirements of specific coverage features, or limits contained in this
section are not intended as limitations on coverage, limits or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference to a
given coverage feature is for purposes of clarification only as it pertains to a given issue
and is not intended by any party or insured to be limiting or all-inclusive.
18. These insurance requirements are intended to be separate and distinct from
any other provision in this Agreement and are intended by the parties here to be
interpreted as such.
19. The requirements in this Exhibit supersede all other sections and provisions
of this Agreement to the extent that any other section or provision conflicts with or impairs
the provisions of this Exhibit.
20. Contracting Party agrees to be responsible for ensuring that no contract
used by any party involved in any way with the project reserves the right to charge City
or Contracting Party for the cost of additional insurance coverage required by this
agreement. Any such provisions are to be deleted with reference to City. It is not the
intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against City for payment of premiums or other
amounts with respect thereto.
21. Contracting Party agrees to provide immediate notice to City of any claim
or loss against Contracting Party arising out of the work performed under this agreement.
City assumes no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to involve City.
Exhibit E
Page 5of5
182
Exhibit F
Indemnification
F.1 Indemnitv for the Benefit of Ci
a. Indemnification for Professional Liability. When the law establishes a
professional standard of care for Contracting Party's Services, to the fullest extent
permitted by law, Contracting Party shall indemnify, protect, defend (with counsel
selected by City), and hold harmless City and any and all of its officials, employees, and
agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of
every kind, nature, and description, damages, injury (including, without limitation, injury
to or death of an employee of Contracting Party or of any subcontractor), costs and
expenses of any kind, whether actual, alleged or threatened, including, without limitation,
incidental and consequential damages, court costs, attorneys' fees, litigation expenses,
and fees of expert consultants or expert witnesses incurred in connection therewith and
costs of investigation, to the extent same are caused in whole or in part by any negligent
or wrongful act, error or omission of Contracting Party, its officers, agents, employees or
subcontractors (or any entity or individual that Contracting Party shall bear the legal
liability thereof) in the performance of professional services under this agreement. With
respect to the design of public improvements, the Contracting Party shall not be liable for
any injuries or property damage resulting from the reuse of the design at a location other
than that specified in Exhibit A without the written consent of the Contracting Party.
b. Indemnification for Other Than Professional Liability. Other than in the
performance of professional services and to the full extent permitted by law, Contracting
Party shall indemnify, defend (with counsel selected by City), and hold harmless the
Indemnified Parties from and against any liability (including liability for claims, suits,
actions, arbitration proceedings, administrative proceedings, regulatory proceedings,
losses, expenses or costs of any kind, whether actual, alleged or threatened, including,
without limitation, incidental and consequential damages, court costs, attorneys' fees,
litigation expenses, and fees of expert consultants or expert witnesses) incurred in
connection therewith and costs of investigation, where the same arise out of, are a
consequence of, or are in any way attributable to, in whole or in part, the performance of
this Agreement by Contracting Party or by any individual or entity for which Contracting
Party is legally liable, including but not limited to officers, agents, employees, or
subcontractors of Contracting Party.
C. Indemnity Provisions for Contracts Related to Construction (Limitation on
Indemnity). Without affecting the rights of City under any provision of this agreement,
Contracting Party shall not be required to indemnify and hold harmless City for liability
attributable to the active negligence of City, provided such active negligence is
determined by agreement between the parties or by the findings of a court of competent
jurisdiction. In instances where City is shown to have been actively negligent and where
City's active negligence accounts for only a percentage of the liability involved, the
obligation of Contracting Party will be for that entire portion or percentage of liability not
attributable to the active negligence of City.
Exhibit F
Page 1 of 2
183
d. Indemnification Provision for Design Professionals.
1. Applicability of this Section F.1(d). Notwithstanding Section F.1(a)
hereinabove, the following indemnification provision shall apply to a Contracting Party
who constitutes a "design professional" as the term is defined in paragraph 3 below.
2. Scope of Indemnification. When the law establishes a professional
standard of care for Contracting Party's Services, to the fullest extent permitted by law,
Contracting Party shall indemnify and hold harmless City and any and all of its officials,
employees, and agents ("Indemnified Parties") from and against any and all losses,
liabilities of every kind, nature, and description, damages, injury (including, without
limitation, injury to or death of an employee of Contracting Party or of any subcontractor),
costs and expenses, including, without limitation, incidental and consequential damages,
court costs, reimbursement of attorneys' fees, litigation expenses, and fees of expert
consultants or expert witnesses incurred in connection therewith and costs of
investigation, to the extent same are caused by any negligent or wrongful act, error or
omission of Contracting Party, its officers, agents, employees or subcontractors (or any
entity or individual that Contracting Party shall bear the legal liability thereof) in the
performance of professional services under this agreement. With respect to the design of
public improvements, the Contracting Party shall not be liable for any injuries or property
damage resulting from the reuse of the design at a location other than that specified in
Exhibit A without the written consent of the Contracting Party.
3. Design Professional Defined. As used in this Section F.1(d), the
term "design professional" shall be limited to licensed architects, registered professional
engineers, licensed professional land surveyors and landscape architects, all as defined
under current law, and as may be amended from time to time by Civil Code § 2782.8.
F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees
to obtain executed indemnity agreements with provisions identical to those set forth
herein this Exhibit F, as applicable to the Contracting Party, from each and every
subcontractor or any other person or 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.
Exhibit F
Page 2of2
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BUSINESS SESSION ITEM NO. 2
City of La Quinta
CITY COUNCIL MEETING: March 7, 2023
STAFF REPORT
AGENDA TITLF APPROVE AGREEMENT FOR CONTRACT SERVICES WITH
KILEY AND ASSOCIATES, LLC TO PROVIDE FEDERAL LOBBYIST SERVICES
RECOMMENDATION
Approve an agreement for contract services with Kiley & Associates, LLC to provide
federal lobbyist services; and authorize the City Manager to execute the agreement.
EXECUTIVE SUMMARY
• The City does not have an existing contract for federal lobbyist services. At the
state level, the City contracts with Joe A. Gonsalves & Son for state government
relations and lobbyist services.
• The City published a Request for Proposals (RFP) for these services beginning
January 13, 2023, and ending January 27, 2023.
• Staff reviewed the proposal submissions, conducted interviews with the top firms,
and recommends approval of a contract with Kiley & Associates, LLC as the City's
federal lobbyist (Attachment 1).
FISCAL IMPACT
The annual cost is not -to -exceed $42,000 per year ($3,500 monthly). The total contract
cost is not -to -exceed $136,500 for the initial contract term of three (3) months in the
current fiscal year and subsequent three (3) fiscal years for a total of thirty-nine (39)
months. An optional extension of one term for two (2) years is available, with the same
terms of the annual not to -exceed amount of $42,000 per year ($3,500 monthly), totaling
$84,000. Funds are available in the General Fund budget (101-1002-60101, Contract
Services, Administrative).
Cost summary for the services are as follows:
FISCAL YEAR I MONTHLY BASE I ANNUAL BASE
2022/2023 $3,500 1 $10,500
2023/2024 $3,500 1 $42,000
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2024/2025 $3,500 $42,000
2025/2026 $3,500 $42,000
INITIAL 39-MONTH TERM TOTAL $136,500
2026/2027 $3,500 $42,000
2027/2028 $3,500 $42,000
2-YEAR EXTENSION TOTAL (OPTIONAL)
CONTRACT NOT -TO -EXCEED TOTAL
(WITH OPTIONAL EXTENSION)
BACKGROUND/ANALYSIS
$84,000
$220,500
In January 2023, the City issued an RFP to identify a strategic partner that would bolster
federal legislative advocacy efforts, identify and assist the City in obtaining federal funding
for City programs and projects, and coordinate opportunities for City leaders to meet with
federal legislators and agency staff in Washington, D.C. and locally. Staff evaluated
proposals based on experience and qualifications, conducted interviews with the top firms
and recommends Kiley & Associates, LLC as the City's federal lobbyist.
Upon the Council's approval, the initial term of this agreement would begin April 3,
2023, and expire on June 30, 2026, with an option to renew for an additional two (2)
years. The agreement can be terminated at any time with a 30-day written notice.
.LTERNATIVES
Council may elect to not approve this agreement. However, staff does not recommend
this alternative due to the immediate need for these services and the excellent services
expected from this firm.
Prepared by: Jeremy Griffin, Management Specialist
Approved by: Gilbert Villalpando, Director
Attachment: 1. Agreement for Contract Services
ATTACHMENT 1
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 KILEY & ASSOCIATES, LLC, a Limited Liability Corporation
("Contracting Party"). The parties hereto agree as follows:
1. SERVICES OF CONTRACTING PARTY.
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Contracting Party shall provide those services related to federal lobbyist
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,
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,
187
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
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.
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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 Forty -Two Thousand Dollars
($42,000.00) per year for the life of the Agreement, encompassing the initial and any
extended terms (the "Contract Sum"), except as provided in Section 1.7. The method of
compensation set forth in the Schedule of Compensation may include a lump sum
payment upon completion, payment in accordance with the percentage of completion of
the Services, payment for time and materials based upon Contracting Party's rate
schedule, but not exceeding the Contract Sum, or such other reasonable methods as may
be specified in the Schedule of Compensation. The Contract Sum shall include the
attendance of Contracting Party at all project meetings reasonably deemed necessary by
City; Contracting Party shall not be entitled to any additional compensation for attending
said meetings. Compensation may include reimbursement for actual and necessary
expenditures for reproduction costs, transportation expense, telephone expense, and
similar costs and expenses when and if specified in the Schedule of Compensation.
Regardless of the method of compensation set forth in the Schedule of Compensation,
Contracting Party's overall compensation shall not exceed the Contract Sum, except as
provided in Section 1.7 of this Agreement.
2.2 Method of Billing & Payment. Any month in which Contracting Party wishes
to receive payment, Contracting Party shall submit to City no later than the tenth
(10th) working day of such month, in the form approved by City's Finance Director, an
invoice for Services rendered prior to the date of the invoice. Such invoice shall
(1) describe in detail the Services provided, including time and materials, and (2) specify
each staff member who has provided Services and the number of hours assigned to each
such staff member. Such invoice shall contain a certification by a principal member of
Contracting Party specifying that the payment requested is for Services performed in
accordance with the terms of this Agreement. Upon approval in writing by the Contract
Officer, or assigned designee, and subject to retention pursuant to Section 8.3, City will
pay Contracting Party for all items stated thereon which are approved by City pursuant to
this Agreement no later than thirty (30) days after invoices are received by the City's
Finance Department.
2.3 Compensation for Additional Services. Additional Services approved in
advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this
Agreement shall be paid for in an amount agreed to in writing by both City and Contracting
Party in advance of the Additional Services being rendered by Contracting Party. Any
compensation for Additional Services amounting to five percent (5%) or less of the
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Contract Sum may be approved by the Contract Officer, or assigned designee. Any
greater amount of compensation for Additional Services must be approved by the La
Quinta City Council, the City Manager, or Department Director, depending upon City laws,
regulations, rules and procedures concerning public contracting. Under no circumstances
shall Contracting Party receive compensation for any Additional Services unless prior
written approval for the Additional Services is obtained from the Contract Officer, or
assigned designee, pursuant to Section 1.7 of this Agreement.
3. PERFORMANCE SCHEDULE.
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement. If the Services not completed in accordance with the Schedule of
Performance, as set forth in Section 3.2 and "Exhibit C", it is understood that the City will
suffer damage.
3.2 Schedule of Performance. All Services rendered pursuant to this
Agreement shall be performed diligently and within the time period established in "Exhibit
C" (the "Schedule of Performance"). Extensions to the time period specified in the
Schedule of Performance may be approved in writing by the Contract Officer, or
assigned designee.
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 April 3, 2023,
and terminate on June 30, 2026 ("Initial Term"). This Agreement may be extended for
two (2) additional year(s) upon mutual agreement by both parties ("Extended Term"), and
executed in writing.
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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) Gregory Kiley, President — Kiley & Associates, LLC
Tel No. (202) 544-6897
Email: GKiley@KileyAssociates.org
(b) Kimberly VanWyhe, Vice President — Kiley & Associates, LLC
Tel No. (917) 678-0130
Email: KVanWyhe@KileyAssociates.org
It is expressly understood that the experience, knowledge, capability, and
reputation of the foregoing Principals were a substantial inducement for City to enter into
this Agreement. Therefore, the foregoing Principals shall be responsible during the term
of this Agreement for directing all activities of Contracting Party and devoting sufficient
time to personally supervise the Services hereunder. For purposes of this Agreement,
the foregoing Principals may not be changed by Contracting Party and no other personnel
may be assigned to perform the Services required hereunder without the express written
approval of City.
4.2 Contract Officer. The "Contract Officer", otherwise known as the City
Manager or assigned designee may be designated in writing by the City Manager of
the City. It shall be Contracting Party's responsibility to assure that the Contract Officer,
or assigned designee, is kept informed of the progress of the performance of the
Services, and Contracting Party shall refer any decisions, that must be made by City to
the Contract Officer, or assigned designee. Unless otherwise specified herein, any
approval of City required hereunder shall mean the approval of the Contract Officer, or
assigned designee. The Contract Officer, or assigned designee, shall have authority
to sign all documents on behalf of City required hereunder to carry out the terms of this
Agreement.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability, and reputation of Contracting Party, its principals, and its
employees were a substantial inducement for City to enter into this Agreement. Except
as set forth in this Agreement, Contracting Party shall not contract or subcontract with
any other entity to perform in whole or in part the Services required hereunder without the
express written approval of City. In addition, neither this Agreement nor any interest
herein may be transferred, assigned, conveyed, hypothecated, or encumbered,
voluntarily or by operation of law, without the prior written approval of City. Transfers
restricted hereunder shall include the transfer to any person or group of persons acting in
concert of more than twenty five percent (25%) of the present ownership and/or control
of Contracting Party, taking all transfers into account on a cumulative basis. Any
attempted or purported assignment or contracting or subcontracting by Contracting Party
without City's express written approval shall be null, void, and of no effect. No approved
transfer shall release Contracting Party of any liability hereunder without the express
consent of City.
4.4 Independent Contractor. Neither City nor any of its employees shall have
any control over the manner, mode, or means by which Contracting Party, its agents, or
its employees, perform the Services required herein, except as otherwise set forth herein.
City shall have no voice in the selection, discharge, supervision, or control of Contracting
Party's employees, servants, representatives, or agents, or in fixing their number or hours
of service. Contracting Party shall perform all Services required herein as an independent
contractor of City and shall remain at all times as to City a wholly independent contractor
with only such obligations as are consistent with that role. Contracting Party shall not at
any time or in any manner represent that it or any of its agents or employees are agents
or employees of City. City shall not in any way or for any purpose become or be deemed
to be a partner of Contracting Party in its business or otherwise or a joint venture or a
member of any joint enterprise with Contracting 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 (TERS") as an employee of City and entitlement to any contribution
to be paid by City for employer contributions and/or employee contributions for PERS
benefits. Contracting Party agrees to pay all required taxes on amounts paid to
Contracting Party under this Agreement, and to indemnify and hold City harmless from
any and all taxes, assessments, penalties, and interest asserted against City by reason
of the independent contractor relationship created by this Agreement. Contracting Party
shall fully comply with the workers' compensation laws regarding Contracting Party and
Contracting Party's employees. Contracting Party further agrees to indemnify and hold
City harmless from any failure of Contracting Party to comply with applicable workers'
compensation laws. City shall have the right to offset against the amount of any payment
due to Contracting Party under this Agreement any amount due to City from Contracting
Party as a result of Contracting Party's failure to promptly pay to City any reimbursement
or indemnification arising under this Section.
4.5 Identity of Persons Performing Work. Contracting Party represents that it
employs or will employ at its own expense all personnel required for the satisfactory
performance of any and all of the Services set forth herein. Contracting Party represents
that the Services required herein will be performed by Contracting Party or under its direct
supervision, and that all personnel engaged in such work shall be fully qualified and shall
be authorized and permitted under applicable State and local law to perform such tasks
and services.
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4.6 City Cooperation. City shall provide Contracting Party with any plans,
publications, reports, statistics, records, or other data or information pertinent to the
Services to be performed hereunder which are reasonably available to Contracting Party
only from or through action by City.
5. INSURANCE.
5.1 Insurance. Prior to the beginning of any Services under this Agreement and
throughout the duration of the term of this Agreement, Contracting Party shall procure
and maintain, at its sole cost and expense, and submit concurrently with its execution of
this Agreement, policies of insurance as set forth in "Exhibit E" (the "Insurance
Requirements") which is incorporated herein by this reference and expressly made a part
hereof.
5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance
to Agency along with all required endorsements. Certificate of Insurance and
endorsements must be approved by Agency's Risk Manager prior to commencement of
performance.
6. INDEMNIFICATION.
6.1 Indemnification. To the fullest extent permitted by law, Contracting Party
shall indemnify, protect, defend (with counsel selected by City), and hold harmless City
and any and all of its officers, employees, agents, and volunteers as set forth in "Exhibit
F" ("Indemnification") which is incorporated herein by this reference and expressly made
a part hereof.
7. RECORDS AND REPORTS.
7.1 Reports. Contracting Party shall periodically prepare and submit to the
Contract Officer, or assigned designee, such reports concerning Contracting Party's
performance of the Services required by this Agreement as the Contract Officer, or
assigned designee, shall require. Contracting Party hereby acknowledges that City is
greatly concerned about the cost of the Services to be performed pursuant to this
Agreement. For this reason, Contracting Party agrees that if Contracting Party becomes
aware of any facts, circumstances, techniques, or events that may or will materially
increase or decrease the cost of the Services contemplated herein or, if Contracting Party
is providing design services, the cost of the project being designed, Contracting Party
shall promptly notify the Contract Officer, or assigned designee, of said fact,
circumstance, technique, or event and the estimated increased or decreased cost related
thereto and, if Contracting Party is providing design services, the estimated increased or
decreased cost estimate for the project being designed.
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
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enable the Contract Officer, or assigned designee, to evaluate the performance of such
Services. Any and all such Books and Records shall be maintained in accordance with
generally accepted accounting principles and shall be complete and detailed. The
Contract Officer, or assigned designee, shall have full and free access to such Books
and Records at all times during normal business hours of City, including the right to
inspect, copy, audit, and make records and transcripts from such Books and Records.
Such Books and Records shall be maintained for a period of three (3) years following
completion of the Services hereunder, and City shall have access to such Books and
Records in the event any audit is required. In the event of dissolution of Contracting
Party's business, custody of the Books and Records may be given to City, and access
shall be provided by Contracting Party's successor in interest. Under California
Government Code Section 8546.7, if the amount of public funds expended under this
Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject
to the examination and audit of the State Auditor, at the request of City or as part of any
audit of City, for a period of three (3) years after final payment under this Agreement.
7.3 Ownership of Documents. All drawings, specifications, maps, designs,
photographs, studies, surveys, data, notes, computer files, reports, records, documents,
and other materials plans, drawings, estimates, test data, survey results, models,
renderings, and other documents or works of authorship fixed in any tangible medium of
expression, including but not limited to, physical drawings, digital renderings, or data
stored digitally, magnetically, or in any other medium prepared or caused to be prepared
by Contracting Party, its employees, subcontractors, and agents in the performance of
this Agreement (the "Documents and Materials") shall be the property of City and shall be
delivered to City upon request of the Contract Officer, or assigned designee, or upon
the expiration or termination of this Agreement, and Contracting Party shall have no claim
for further employment or additional compensation as a result of the exercise by City of
its full rights of ownership use, reuse, or assignment of the Documents and Materials
hereunder. Any use, reuse or assignment of such completed Documents and Materials
for other projects and/or use of uncompleted documents without specific written
authorization by Contracting Party will be at City's sole risk and without liability to
Contracting Party, and Contracting Party's guarantee and warranties shall not extend to
such use, revise, or assignment. Contracting Party may retain copies of such Documents
and Materials for its own use. Contracting Party shall have an unrestricted right to use
the concepts embodied therein. All subcontractors shall provide for assignment to City
of any Documents and Materials prepared by them, and 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.
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7.5 Licensing of Intellectual Property. This Agreement creates a non-exclusive
and perpetual license for City to copy, use, modify, reuse, or sublicense any and all
copyrights, designs, rights of reproduction, and other intellectual property embodied in
the Documents and Materials. Contracting Party shall require all subcontractors, if any,
to agree in writing that City is granted a non-exclusive and perpetual license for the
Documents and Materials the subcontractor prepares under this Agreement. Contracting
Party represents and warrants that Contracting Party has the legal right to license any
and all of the Documents and Materials. Contracting Party makes no such representation
and warranty in regard to the Documents and Materials which were prepared by design
professionals other than Contracting Party or provided to Contracting Party by City. City
shall not be limited in any way in its use of the Documents and Materials at any time,
provided that any such use not within the purposes intended by this Agreement shall be
at City's sole risk.
7.6 Release of Documents. The Documents and Materials shall not be
released publicly without the prior written approval of the Contract Officer, or assigned
designee, or as required by law. Contracting Party shall not disclose to any other entity
or person any information regarding the activities of City, except as required by law or as
authorized by City.
7.7 Confidential or Personal Identifying Information. Contracting Party
covenants that all City data, data lists, trade secrets, documents with personal identifying
information, documents that are not public records, draft documents, discussion notes, or
other information, if any, developed or received by Contracting Party or provided for
performance of this Agreement are deemed confidential and shall not be disclosed by
Contracting Party to any person or entity without prior written authorization by City or
unless required by law. City shall grant authorization for disclosure if required by any
lawful administrative or legal proceeding, court order, or similar directive with the force of
law. All City data, data lists, trade secrets, documents with personal identifying
information, documents that are not 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
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as the injuring party commences to cure such default within ten (10) days of service of
such notice and completes the cure of such default within forty-five (45) days after service
of the notice, or such longer period as may be permitted by the Contract Officer, or
assigned designee; provided that if the default is an immediate danger to the health,
safety, or general welfare, City may take such immediate action as City deems warranted.
Compliance with the provisions of this Section shall be a condition precedent to
termination of this Agreement for cause and to any legal action, and such compliance
shall not be a waiver of any party's right to take legal action in the event that the dispute
is not cured, provided that nothing herein shall limit City's right to terminate this
Agreement without cause pursuant to this Article 8.0. During the period of time that
Contracting Party is in default, City shall hold all invoices and shall, when the default is
cured, proceed with payment on the invoices. In the alternative, City may, in its sole
discretion, elect to pay some or all of the outstanding invoices during any period of default.
8.3 Retention of Funds. City may withhold from any monies payable to
Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or
damages it reasonably believes were suffered by City due to the default of Contracting
Party in the performance of the Services required by this Agreement.
8.4 Waiver. No delay or omission in the exercise of any right or remedy of a
non -defaulting party on any default shall impair such right or remedy or be construed as
a waiver. City's consent or approval of any act by Contracting Party requiring City's
consent or approval shall not be deemed to waive or render unnecessary City's consent
to or approval of any subsequent act of Contracting Party. Any waiver by either party of
any default must be in writing and shall not be a waiver of any other default concerning
the same or any other provision of this Agreement.
8.5 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies
of the parties are cumulative and the exercise by either party of one or more of such rights
or remedies shall not preclude the exercise by it, at the same or different times, of any
other rights or remedies for the same default or any other default by the other party.
8.6 Legal Action. In addition to any other rights or remedies, either party may
take legal action, at law or at equity, to cure, correct, or remedy any default, to recover
damages for any default, to compel specific performance of this Agreement, to obtain
declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes
of this Agreement.
8.7 Termination Prior To Expiration of Term. This Section shall govern any
termination of this Agreement, except as specifically provided in the following Section for
termination for cause. City reserves the right to terminate this Agreement at any time,
with or without cause, upon thirty (30) days' written notice to Contracting Party. Upon
receipt of any notice of termination, Contracting Party shall immediately cease all
Services hereunder except such as may be specifically approved by the Contract Officer,
or assigned designee. Contracting Party shall be entitled to compensation for all
Services rendered prior to receipt of the notice of termination and for any Services
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authorized by the Contract Officer, or assigned designee, thereafter in accordance with
the Schedule of Compensation or such as may be approved by the Contract Officer, or
assigned designee, except amounts held as a retention pursuant to this Agreement.
8.8 Termination for Default of Contracting Party. If termination is due to the
failure of Contracting Party to fulfill its obligations under this Agreement, Contracting Party
shall vacate any City -owned property which Contracting Party is permitted to occupy
hereunder and City may, after compliance with the provisions of Section 8.2, take over
the Services and prosecute the same to completion by contract or otherwise, and
Contracting Party shall be liable to the extent that the total cost for completion of the
Services required hereunder exceeds the compensation herein stipulated (provided that
City shall use reasonable efforts to mitigate such damages), and City may withhold any
payments to Contracting Party for the purpose of setoff or partial payment of the amounts
owed City.
8.9 Attorneys' Fees. If either party to this Agreement is required to initiate or
defend or made a party to any action or proceeding in any way connected with this
Agreement, the prevailing party in such action or proceeding, in addition to any other relief
which may be granted, whether legal or equitable, shall be entitled to reasonable
attorneys' fees; provided, however, that the attorneys' fees awarded pursuant to this
Section shall not exceed the hourly rate paid by City for legal services multiplied by the
reasonable number of hours spent by the prevailing party in the conduct of the litigation.
Attorneys' fees shall include attorneys' fees on any appeal, and in addition a party entitled
to attorneys' fees shall be entitled to all other reasonable costs for investigating such
action, taking depositions and discovery, and all other necessary costs the court allows
which are incurred in such litigation. All such fees shall be deemed to have accrued on
commencement of such action and shall be enforceable whether or not such action is
prosecuted to judgment. The court may set such fees in the same action or in a separate
action brought for that purpose.
9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.
9.1 Non -liability of City Officers and Employees. No officer, official, employee,
agent, representative, or volunteer of City shall be personally liable to Contracting Party,
or any successor in interest, in the event or any default or breach by City or for any amount
which may become due to Contracting Party or to its successor, or for breach of any
obligation of the terms of this Agreement.
9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any
officer or principal of it, has or shall acquire any interest, directly or indirectly, which would
conflict in any manner with the interests of City or which would in any way hinder
Contracting Party's performance of the Services under this Agreement. Contracting Party
further covenants that in the performance of this Agreement, no person having any such
interest shall be employed by it as an officer, employee, agent, or subcontractor without
the express written consent of the Contract Officer, or assigned designee. Contracting
Party agrees to at all times avoid conflicts of interest or the appearance of any conflicts
of interest with the interests of City in the performance of this Agreement.
No officer or employee of City shall have any financial interest, direct or
indirect, in this Agreement nor shall any such officer or employee participate in any
decision relating to this Agreement which effects his financial interest or the financial
interest of any corporation, partnership or association in which he is, directly or indirectly,
interested, in violation of any State statute or regulation. Contracting Party warrants that
it has not 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:
To Contracting Party:
CITY OF LA QUINTA KILEY & ASSOCIATES, LLC
Attention: Gilbert Villalpando Attention: Gregory Kiley
78495 Calle Tampico 636 North Carolina Avenue, SE
La Quinta, California 92253 Washington, D.C. 20003
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.
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10.5 Integrated Agreement. This Agreement including the exhibits hereto is the
entire, complete, and exclusive expression of the understanding of the parties. It is
understood that there are no oral agreements between the parties hereto affecting this
Agreement and this Agreement supersedes and cancels any and all previous
negotiations, arrangements, agreements, and understandings, if any, between the
parties, and none shall be used to interpret this Agreement.
10.6 Amendment. No amendment to or modification of this Agreement shall be
valid unless made in writing and approved by Contracting Party and by the City Council
of City. The parties agree that this requirement for written modifications cannot be waived
and that any attempted waiver shall be void.
10.7 Severability. In the event that any one or more of the articles, phrases,
sentences, clauses, paragraphs, or sections contained in this Agreement shall be
declared invalid or unenforceable, such invalidity or unenforceability shall not affect any
of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this
Agreement which are hereby declared as severable and shall be interpreted to carry out
the intent of the parties hereunder unless the invalid provision is so material that its
invalidity deprives either party of the basic benefit of their bargain or renders this
Agreement meaningless.
10.8 Unfair Business Practices Claims. In entering into this Agreement,
Contracting Party offers and agrees to assign to City all rights, title, and interest in and to
all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or
under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of
Division 7 of the Business and Professions Code), arising from purchases of goods,
services, or materials related to this Agreement. This assignment shall be made and
become effective at the time City renders final payment to Contracting Party without
further acknowledgment of the parties.
10.9 No Third -Party Beneficiaries. With the exception of the specific provisions
set forth in this Agreement, there are no intended third -party beneficiaries under this
Agreement and no such other third parties shall have any rights or obligations hereunder.
10.10 Authority. The persons executing this Agreement on behalf of each of the
parties hereto represent and warrant that (i) such party is duly organized and existing,
(ii) they are duly authorized to execute and deliver 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]
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:
ATTEST:
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
KILEY & ASSOCIATES, LLC
a Limited Liability Corporation
GREGORY KILEY
President
Dated:
KIMBERLY VANWYHE
Vice President
Dated:
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Exhibit A
Scope of Services
Services to be Provided:
The Contracting Party will collaborate with the City to help develop its federal
legislative priorities. This partnership will include the following services:
Onboarding. This is an extremely important element of our engagement with
our city clients. Our first action with a new client is an in-depth meeting to
understand the needs of the City. We work the City Manager's office and
department heads to establish priorities, goals and a tailored scope of work to
help our clients meet their legislative goals.
• Raising the City's profile with the Federal House and Senate delegation,
Federal Agencies, and the Biden Administration.
• Tracking all federal bills that impact the City. Further, when an important bill is
being heard in committee, we have our staff in the committee room. If needed,
we can provide testimony and meet in the offices of the committee staff and
Members to advocate the City's position.
• At the federal level, we will provide the City with a monthly written report of
legislative activity. Further, we regularly provide federal updates as Congress
works on issues that impact our clients. We also will appear before the City
Council for federal updates whenever requested.
• In Washington, D.C., we actively monitor bills and actions that impact cities and
residents. We provide updates as soon as Congressional Leadership and the
White House act. This active presence is something we strive for daily to help
our clients reach their goals.
• Conduct an annual review with City staff to ensure the legislative goals of the
City and Council are met.
• We are transparent, ethical and customer service oriented. We are proud that
clients think of us as an integral part of their business, capable of delivering the
services they need when they need them. We often think of our firm as an
extension of City staff and an integral part of your Washington, D.C. team.
• Assisting the City's interests by changing laws or federal/state regulations as
necessary.
• Coordinating with the dedicated day-to-day points of contact on identifying and
refining the City's top project and policy priorities for their legislative agenda
(i.e. securing federal money for drainage projects, roadway expansion, park
projects, street repairs, tourism, public safety, and electric power).
Exhibit A
Page 1 of 6 Last revised summer 2�61
• Target key allies and influential lawmakers, Congressional committees, White
House policy makers as we advocate for the City.
• Coordinating with the City to engage on Federal Community Project Funding
Programs processes for federal funding.
• Regularly updating the City on Federal grant opportunities and issues that are
pertinent to the City's legislative priorities.
• Representing the City at Executive Branch meetings and hearings in
Washington, D.C.
• Tracking news articles and press releases on issues that will impact local
governments and the City.
• Coordinating an annual trip for City elected officials and staff to Washington,
D.C. to meet with and/or brief the Congressional delegation, White House
officials, and key staff in the federal agencies.
• Helping with issues that have a federal nexus, which include providing
comments on federal regulations; connecting local officials to federal agency
professionals; and providing our expertise on funding programs, grant
applications, and other legislative and agency opportunities.
• Engaging regularly with coalitions such as the National League of Cities and
the United States Conference of Mayors on behalf of the City. Also assisting
with the League of California Cities on issues when there is a federal overlap.
• Work with the City to identify federal funding opportunities and provide
advocacy letters for federal related matters whenever necessary.
• Utilizing our vast prior expertise in economic development, work with the City
to identify, prioritize and explore growth opportunities for the City and its
residents.
• Create a federal schedule for legislative affairs, work closely with the City on
federal legislative priorities and assist the City by filing for all lobbyist
compliance requirements.
• On public safety, support efforts through federal departments and agencies,
and relevant Congressional committees to increase public safety within the
City. Facilitate engagement with U.S. Department of Justice Liaison Office and
the City.
Exhibit A
Page 2 of 6
202
• In the area of public utilities, work with relevant Congressional committees —
energy, water, electricity and biosolids to enhance City capabilities and
capacities. Support monitoring Army Corps of Engineers projects. Support
efforts and work with federal partners to maintain City's statewide water
conservation targets.
• In transportation and infrastructure, work with relevant Congressional
committees and federal agencies to bolster the City's parks, electric power and
transportation infrastructure.
Exhibit A
Page 3 of 6
203
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-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,
Exhibit A
Page 4of6
204
its elected officials, officers, employees, and agents free and harmless from any claim or
liability arising out of any failure or alleged failure to comply with the Prevailing Wage
Laws. It is agreed by the parties that, in connection with performance of the Services,
including, without limitation, any and all "Public works" (as defined by the Prevailing Wage
Laws), Contracting Party shall bear all risks of payment or non-payment of prevailing
wages under California law and/or the implementation of Labor Code Section 1781, as
the same may be amended from time to time, and/or any other similar law. Contracting
Party acknowledges and agrees that it shall be independently responsible for reviewing
the applicable laws and regulations and effectuating compliance with such laws.
Contracting Party shall require the same of all subcontractors.
2. Retention. Payments shall be made in accordance with the provisions of
Article 2.0 of the Agreement. In accordance with said Sections, City shall pay Contracting
Party a sum based upon ninety-five percent (95%) of the Contract Sum apportionment of
the labor and materials incorporated into the Services under this Agreement during the
month covered by said invoice. The remaining five percent (5%) thereof shall be retained
as performance security to be paid to Contracting Party within sixty (60) days after final
acceptance of the Services by the City Council of City, after Contracting Party has
furnished City with a full release of all undisputed payments under this Agreement, if
required by City. In the event there are any claims specifically excluded by Contracting
Party from the operation of the release, City may retain proceeds (per Public Contract
Code § 7107) of up to one hundred fifty percent (150%) of the amount in dispute. City's
failure to deduct or withhold shall not affect Contracting Party's obligations under the
Agreement.
3. Utility Relocation. City is responsible for removal, relocation, or protection
of existing main or trunk -line utilities to the extent such utilities were not identified in the
invitation for bids or specifications. City shall reimburse Contracting Party for any costs
incurred in locating, repairing damage not caused by Contracting Party, and removing or
relocating such unidentified utility facilities. Contracting Party shall not be assessed
liquidated damages for delay arising from the removal or relocation of such unidentified
utility facilities.
4. Trenches or Excavations. Pursuant to California Public Contract Code
Section 7104, in the event the work included in this Agreement requires excavations more
than four (4) feet in depth, the following shall apply:
(a) Contracting Party shall promptly, and before the following conditions
are disturbed, notify City, in writing, of any: (1) material that Contracting Party believes
may be material that is hazardous waste, as defined in Section 25117 of the Health and
Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site
in accordance with provisions of existing law; (2) subsurface or latent physical conditions
at the site different from those indicated by information about the site made available to
bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the
site of any unusual nature, different materially from those ordinarily encountered and
generally recognized as inherent in work of the character provided for in the Agreement.
Exhibit A
Page 5 of 6
205
(b) City shall promptly investigate the conditions, and if it finds that the
conditions do materially so differ, or do involve hazardous waste, and cause a decrease
or increase in Contracting Party's cost of, or the time required for, performance of any
part of the work shall issue a change order per Section 1.8 of the Agreement.
(c) in the event that a dispute arises between City and Contracting Party
whether the conditions materially differ, or involve hazardous waste, or cause a decrease
or increase in Contracting Party's cost of, or time required for, performance of any part of
the work, Contracting Party shall not be excused from any scheduled completion date
provided for by this Agreement, but shall proceed with all work to be performed under this
Agreement. Contracting Party shall retain any and all rights provided either by contract
or by law which pertain to the resolution of disputes and protests between the contracting
Parties.
5. Safety. Contracting Party shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out the Services, Contracting
Party shall at all times be in compliance with all applicable local, state, and federal laws,
rules and regulations, and shall exercise all necessary precautions for the safety of
employees appropriate to the nature of the work and the conditions under which the work
is to be performed. Safety precautions as applicable shall include, but shall not be limited
to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions
in accident prevention for all employees and subcontractors, such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures,
trenching and shoring, equipment and other safety devices, equipment and wearing
apparel as are necessary or lawfully required to prevent accidents or injuries; and
(C) adequate facilities for the proper inspection and maintenance of all safety measures.
6. Liquidated Damages. Since the determination of actual damages for any
delay in performance of the Agreement would be extremely difficult or impractical to
determine in the event of a breach of this Agreement, Contracting Party shall be liable for
and shall pay to City the sum of One Thousand dollars ($1,000.00) as liquidated damages
for each working day of delay in the performance of any of the Services required
hereunder, as specified in the Schedule of Performance. In addition, liquidated damages
may be assessed for failure to comply with the emergency call out requirements, if any,
described in the Scope of Services. City may withhold from any moneys payable on
account of the Services performed by Contracting Party any accrued liquidated damages.
Exhibit A
Page 6 of 6
206
Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for in
Section 2.3 of this Agreement, the maximum total compensation to be paid annually to
Contracting Party under this Agreement is not to exceed Forty -Two Thousand Dollars
($42,000.00) ("Contract Sum"). The Contract Sum shall be paid to Contracting Party in
installment payments made on a monthly basis and in an amount identified in Contracting
Party's schedule of compensation attached hereto for the work tasks performed and
properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement.
The annual cost is not -to -exceed $42,000 per year ($3,500 monthly). The total
contract cost is not -to -exceed $136,500 for the initial contract term of three (3) months in
the current fiscal year and subsequent three (3) fiscal years for a total of thirty-nine (39)
months. An optional extension of one term for two (2) years is available, with the same
terms of the annual not to -exceed amount of $42,000 per year ($3,500 monthly), totaling
$84,000. Funds are available in the General Fund budget (101-1002-60101, Contract
Services, Administrative).
Cost summary for the services are as follows:
FISCAL YEAR
MONTHLY BASE I
ANNUAL BASE
2022/2023
$3,500
$10,500
2023/2024
$3,500
$42,000
2024/2025
$3,500
$42,000
2025/2026
$3,500
$42,000
INITIAL 39-MONTH TERM TOTAL
$136,500
2026/2027
$3,500
$42,000
2027/2028
$3,500
$42,000
2-YEAR EXTENSION TOTAL (OPTIONAL)
$84,000
CONTRACT NOT -TO -EXCEED TOTAL
$220,500
(WITH OPTIONAL EXTENSION)
Exhibit B
Page 1of1
207
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.
Exhibit C
Page 1 of 1
208
None.
Exhibit D
Special Requirements
Exhibit D
Page 1 of 1
209
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)
Auto Liability Additional Insured
Errors and Omissions Liability
$1,000,000 (per claim and aggregate)
Workers' Compensation (per statutory requirements)
Must include the following endorsements:
Workers Compensation with Waiver of Subrogation
Workers Compensation Declaration of Sole Proprietor if applicable
Cyber Liability/Technology Errors and Omissions 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.
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
Exhibit E
Page 1 of 6
210
indirectly employed by Contracting Party, any subcontractor or agent, or anyone for
whose acts any of them may be liable, arising directly or indirectly out of or related to
Contracting Party's performance under this Agreement. If Contracting Party or
Contracting Party's employees will use personal autos in any way on this project,
Contracting Party shall provide evidence of personal auto liability coverage for each such
person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer
or semi -trailer designed for travel on public roads. The automobile insurance policy shall
contain a severability of interest clause providing that coverage shall be primary for losses
arising out of Contracting Party's performance hereunder and neither City nor its insurers
shall be required to contribute to such loss.
Professional Liability or Errors and Omissions Insurance as appropriate shall
be written on a policy form coverage specifically designed to protect against acts, errors
or omissions of the Contracting Party and "Covered Professional Services" as designated
in the policy must specifically include work performed under this agreement. The policy
limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must
"pay on behalf of the insured and must include a provision establishing the insurer's duty
to defend. The policy retroactive date shall be on or before the effective date of this
agreement.
Contracting Party shall carry Workers' Compensation Insurance in
accordance with State Worker's Compensation laws with employer's liability limits no less
than $1,000,000 per accident or disease.
Contracting Party shall procure and maintain Cyber Liability insurance with
limits of $1,000,000 per occurrence/loss which shall include the following coverage:
a. Liability arising from the theft, dissemination and/or use of confidential or
personally identifiable information; including credit monitoring and
regulatory fines arising from such theft, dissemination or use of the
confidential information.
b. Network security liability arising from the unauthorized use of, access to,
or tampering with computer systems.
c. Liability arising from the failure of technology products (software) required
under the contract for Consultant to 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.
Exhibit E
Page 2 of 6
211
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 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
Exhibit E
Page 3 of 6
212
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.
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
Exhibit E
Page 4of6
213
allow any contractor, subcontractor, Architect, Engineer or other entity or person in any
way involved in the performance of work on the project contemplated by this agreement
to self -insure its obligations to City. If Contracting Party's existing coverage includes a
deductible or self -insured retention, the deductible or self -insured retention must be
declared to the City. At that time the City shall review options with the Contracting Party,
which may include reduction or elimination of the deductible or self -insured retention,
substitution of other coverage, or other solutions.
11. The City reserves the right at any time during the term of this Agreement to
change the amounts and types of insurance required by giving the Contracting Party
ninety (90) days advance written notice of such change. If such change results in
substantial additional cost to the Contracting Party, the City will negotiate additional
compensation proportional to the increased benefit to City.
12. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any steps that
can be deemed to be in furtherance of or towards performance of this Agreement.
13. Contracting Party acknowledges and agrees that any actual or alleged
failure on the part of City to inform Contracting Party of non-compliance with any
insurance requirement in no way imposes any additional obligations on City nor does it
waive any rights hereunder in this or any other regard.
14. Contracting Party will renew the required coverage annually as long as City,
or its employees or agents face an exposure from operations of any type pursuant to this
agreement. This obligation applies whether the agreement is canceled or terminated for
any reason. Termination of this obligation is not effective until City executes a written
statement to that effect.
15. Contracting Party shall provide proof that policies of insurance required
herein expiring during the term of this Agreement have been renewed or replaced with
other policies providing at least the same coverage. Proof that such coverage has been
ordered shall be submitted prior to expiration. A coverage binder or letter from
Contracting Party's insurance agent to this effect is acceptable. A certificate of insurance
and an additional insured endorsement is required in these specifications applicable to
the renewing or 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
Exhibit E
Page 5 of 6
214
given coverage feature is for purposes of clarification only as it pertains to a given issue
and is not intended by any party or insured to be limiting or all-inclusive.
18. These insurance requirements are intended to be separate and distinct from
any other provision in this Agreement and are intended by the parties here to be
interpreted as such.
19. The requirements in this Exhibit supersede all other sections and provisions
of this Agreement to the extent that any other section or provision conflicts with or impairs
the provisions of this Exhibit.
20. Contracting Party agrees to be responsible for ensuring that no contract
used by any party involved in any way with the project reserves the right to charge City
or Contracting Party for the cost of additional insurance coverage required by this
agreement. Any such provisions are to be deleted with reference to City. It is not the
intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against City for payment of premiums or other
amounts with respect thereto.
21. Contracting Party agrees to provide immediate notice to City of any claim
or loss against Contracting Party arising out of the work performed under this agreement.
City assumes no obligation or liability by such notice, but has the right (but not the duty)
to monitor the handling of any such claim or claims if they are likely to involve City.
Exhibit E
Page 6of6
215
Exhibit F
Indemnification
F.1 Indemnitv for the Benefit of Ci
a. Indemnification for Professional Liability. When the law establishes a
professional standard of care for Contracting Party's Services, to the fullest extent
permitted by law, Contracting Party shall indemnify, protect, defend (with counsel
selected by City), and hold harmless City and any and all of its officials, employees, and
agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of
every kind, nature, and description, damages, injury (including, without limitation, injury
to or death of an employee of Contracting Party or of any subcontractor), costs and
expenses of any kind, whether actual, alleged or threatened, including, without limitation,
incidental and consequential damages, court costs, attorneys' fees, litigation expenses,
and fees of expert consultants or expert witnesses incurred in connection therewith and
costs of investigation, to the extent same are caused in whole or in part by any negligent
or wrongful act, error or omission of Contracting Party, its officers, agents, employees or
subcontractors (or any entity or individual that Contracting Party shall bear the legal
liability thereof) in the performance of professional services under this agreement. With
respect to the design of public improvements, the Contracting Party shall not be liable for
any injuries or property damage resulting from the reuse of the design at a location other
than that specified in Exhibit A without the written consent of the Contracting Party.
b. Indemnification for Other Than Professional Liability. Other than in the
performance of professional services and to the full extent permitted by law, Contracting
Party shall indemnify, defend (with counsel selected by City), and hold harmless the
Indemnified Parties from and against any liability (including liability for claims, suits,
actions, arbitration proceedings, administrative proceedings, regulatory proceedings,
losses, expenses or costs of any kind, whether actual, alleged or threatened, including,
without limitation, incidental and consequential damages, court costs, attorneys' fees,
litigation expenses, and fees of expert consultants or expert witnesses) incurred in
connection therewith and costs of investigation, where the same arise out of, are a
consequence of, or are in any way attributable to, in whole or in part, the performance of
this Agreement by Contracting Party or by any individual or entity for which Contracting
Party is legally liable, including but not limited to officers, agents, employees, or
subcontractors of Contracting Party.
C. Indemnity Provisions for Contracts Related to Construction (Limitation on
Indemnity). Without affecting the rights of City under any provision of this agreement,
Contracting Party shall not be required to indemnify and hold harmless City for liability
attributable to the active negligence of City, provided such active negligence is
determined by agreement between the parties or by the findings of a court of competent
jurisdiction. In instances where City is shown to have been actively negligent and where
City's active negligence accounts for only a percentage of the liability involved, the
obligation of Contracting Party will be for that entire portion or percentage of liability not
attributable to the active negligence of City.
Exhibit F
Page 1 of 2
216
d. Indemnification Provision for Design Professionals.
1. Applicability of this Section F.1(d). Notwithstanding Section F.1(a)
hereinabove, the following indemnification provision shall apply to a Contracting Party
who constitutes a "design professional" as the term is defined in paragraph 3 below.
2. Scope of Indemnification. When the law establishes a professional
standard of care for Contracting Party's Services, to the fullest extent permitted by law,
Contracting Party shall indemnify and hold harmless City and any and all of its officials,
employees, and agents ("Indemnified Parties") from and against any and all losses,
liabilities of every kind, nature, and description, damages, injury (including, without
limitation, injury to or death of an employee of Contracting Party or of any subcontractor),
costs and expenses, including, without limitation, incidental and consequential damages,
court costs, reimbursement of attorneys' fees, litigation expenses, and fees of expert
consultants or expert witnesses incurred in connection therewith and costs of
investigation, to the extent same are caused by any negligent or wrongful act, error or
omission of Contracting Party, its officers, agents, employees or subcontractors (or any
entity or individual that Contracting Party shall bear the legal liability thereof) in the
performance of professional services under this agreement. With respect to the design
of public improvements, the Contracting Party shall not be liable for any injuries or
property damage resulting from the reuse of the design at a location other than that
specified in Exhibit A without the written consent of the Contracting Party.
3. Design Professional Defined. As used in this Section F.1(d), the
term "design professional" shall be limited to licensed architects, registered professional
engineers, licensed professional land surveyors and landscape architects, all as defined
under current law, and as may be amended from time to time by Civil Code § 2782.8.
F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees
to obtain executed indemnity agreements with provisions identical to those set forth
herein this Exhibit F, as applicable to the Contracting Party, from each and every
subcontractor or any other person or 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.
Exhibit F
Page 2of2
217
218
BUSINESS SESSION ITEM NO. 3
City of La Quinta
CITY COUNCIL MEETING:
STAFF REPORT
AGENDA TITLE: AUTHORIZE A MEMBER OF THE CITY COUNCIL TO ISSUE A
LETTER OF CONCERN TO REINSTATE RIVERSIDE COUNTY SHERIFF'S
DEPARTMENT SCHOOL RESOURCE OFFICERS AT COACHELLA VALLEY UNIFIED
SCHOOL DISTRICT SCHOOLS
RECOMMENDATION
Authorize a Member of the City Council to issue a letter of concern to reinstate Riverside
County Sheriff's Department Resource School Officers at Coachella Valley Unified
School District schools.
EXECUTIVE SUMMARY
• Over the last 4 months Riverside County Sheriff's Department (RCSD) Deputies
have responded to 10 incidents of school violent threats at various Coachella Valley
Unified School District (CVUSD) schools, which have jeopardized student and staff
safety; parents and students are demanding improved safety measures.
• School Resource Officers (SRO) can help prevent and mitigate safety incidents as
they work closely with school staff, students, parents, and the RCSD to provide a
safe learning environment for local schools.
FISCAL IMPACT — None.
BACKGROUND/ANALYSIS
Between November 2022 and February 2023, RCSD Deputies have responded to 10
incidents of school violent threats at various CVUSD schools.
Students and parents are demanding improved safety measures and urging CVUSD to
return SROs to the schools in an effort to provide protection from violence and
possible weapons being brought to school by students. CVUSD Board voted to
remove SROs from its schools in 2018 in favor of a "restorative justice model."
The community expressed its safety concerns at the February 23, 2023, CVUSD Board
meeting where many students attended in protest of these incidents and lack of safety
measures; as well as by hundreds of CVUSD students who walked out of class in protest
on Monday, February 27, 2023.
219
Implementing SROs into school districts is a standard practice with other local districts.
Since 2003, Desert Sands Unified School District and La Quinta have partnered to share
the cost of SROs. SROs work closely with school staff, students, parents, and the RCSD
to provide a safe learning environment at local schools.
La Quinta residents located south of Avenue 48 and east of Jefferson are within CVUSD
service boundaries depicted in CVUSD area map (Attachment 2).
A. r1ILl. '14
La Quinta
ALTERNATIVES
Council may elect not to issue a letter of concern.
Attachment: 1. CVUSD Boundary Map
220
ATTACHMENT 1
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221
222
t(.VQ�� DEPARTMENTAL REPORT ITEM NO. 4
GEM oftbe DESERT —
COMMUNITY RESOURCES
QUARTERLY REPORT
Code Compliance / Animal Control
October 1 -December 31, 2022
Site Inspections*
790 809
722 743 653 750 714
542 635 609 599 568 519 630 684 604 587 533525
439 391 1496
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov
2021 2022
594
434
Dec
*Site inspections are required to confirm violations and regular code complaints (e.g., trash containers,
landscaping, property maintenance issues, etc.).
Administrative
Citations
1
■ Business License
■ Zoning
■ Animal Control
■ Vehicle Issues
■ Building Code
■ STVRs
■ Property Maintenance
Hearing Types
• 3 Administrative Hearings
• 1 Administrative Appeal Superior Court
Quarter Highlights:
• $36,000 in administrative citations were paid this quarter
• $19,000 in back transient occupancy tax (TOT), that Code Officers
assisted in collecting.
Before and After: Landscape case
False Alarms
False Alarms
• $137,977 in fees collected to date 2397
2062
. City Staff outreach to businesses 1725 1711 1579
with multiple false alarms.
• Number of false alarms continue
to decrease year by year. To date,
false alarms have decreased a
total of 34.1 % compared to 2018
2018 2019 2020 2021 2022
A false alarm means the activation of a security alarm system necessitating response by peace officers
when an emergency does not exist. A service fee is due to the city after an excessive number of false
alarms (defined as three or more false alarms) within a one-year period have been received from a
particular business, residence or property.
Animal Control Update
Impounds
■ Confiscated
■ Adoption Return
■ Stray -Dead
■ Stray
1 F2
■ Stray -Known Wait
Owner Surrendered
■ Foster Return
Riverside County Animal Services
Outcomes
■ Euthanized Untreatable
■ Euthanized Treatable
■ RCDAS Community Cat Program
Return to Owner
■ Transfer Adoption Partner
■ In Foster Home
■ Adoption
Department of Animal Services — Coachella Campus has walk-in hours from 10 a.m. to 4 p.m. 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 resources can also send an email
to shelterinfo@rivco.org or visit their website at: https://www.rcdas.org/. 224
Social Services & Community Programs
October 1 - December 31, 2022
Wellness Center, FIND Food Distribution, Fritz Burns Pool, & Sports
• Distributed 32,285 pounds of food (food packages/boxes of dry goods and produce) to 995 persons 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 982 participants (660 for open/lap swim; 178 Water Aerobics;
18 Aqua Fit; 85 Senior Splash; 41 Floating Pumpkin Patch event) at Fritz Burns Pool programs/classes.
• Wellness Center provided fitness & recreation programs to 6,965 participants/fitness members (6,419
fitness gym participants; 546 program participants for Gentle Yoga, Essential Fitness, Mat Pilates, Tai
Chi, Ballroom Dance, Pickleball 101, Monday Matinee Movies, Chuck Jones Center Workshop, Social
Bridge, Mah Jongg, Ukulele, and Quilting for Good Times). Social service offerings such as the
Riverside County Warm Center, LiHeap — Riverside County Community Action program, and Curative
COVID-19 testing were available to the public.
• Youth sports programs had 32,168 total participants (players, spectators, coaches) for AYSO (soccer —
23,250), Friday Night Lights (flag football — 3,445), and La Quinta Youth Sports Association (baseball —
5,473). Practices and league games are held at La Quinta Park, Colonel Mitchell Paige Middle School,
and the La Quinta Sports Complex. La Quinta High School Baseball also practiced at the Sports
Complex this quarter due to their baseball fields being renovated.
• Open Court Time basketball and volleyball programs, a City of La Quinta's partnership with Desert
Recreation District, had a total of 271 participants at the La Quinta Boys & Girls Club Gym.
rJ
•
Library/Creation Station (Makerspace)
October 1 - December 31, 2022
• Attendance: 20,000 persons visited and participated in various programs; 40,800+ items
were circulated.
• Events: Festival of Frights, CryptoZoo Walk Thru, Cryptid Art Contest, and Digital Escape
Room.
• Programs: Baby/Toddler/Preschool Storytimes; Tween Doggy Tales (partnership with
Animal Samaritans/Animal Companion Therapy Program); Chess Club; Sensory Hour;
SOS: Something on Saturday Family Programming; Teen Anime Zone; Impulse Affirmation;
Teen Game Night; Graphic Novel Club; Read the World; Readers Club; Page Turners Book
Club; and BYOB: Bring Your Own Baby Book Club for adults with babies.
J.
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• Attendance:
500 people participated in various programs/services.
• Memberships- 13 new memberships-, 52 active memberships.
• Programs: MakerCraft (Jack-o'-Lanterns, Not -Sew -Scary mini pillows, Vintage Motel
Keychains, Harvest Faire Crafts, Unusual Holiday Movie Ornaments, Upcycled Paper
Snowman, Holiday Craft Leftovers), Friction Kitchen (Churros & Dulce de Leche dip, Fried
Green Tomatoes, and Makin' Bacon Pancakes), Paint with Michele (Cato de Dia de los
Muertos, God of Egypt Bastet, and Petroglyphic Cat) , MakerSpace Camps (Crochet 226
Baskets and Electronics- Fairy -Light Mirror Cutie), and Gingerbread Contest.
Museum
October 1 - December 31, 2022
• Attendance: 1,700+ visitors/participants.
• Exhibits: The Ranges Between: Lincoln's Scout, Making a City, and Dia de Muertas Mini
Altars.
• Events: Music in the Museum, Lincoln's Scout reception, Franklin Elementary field trip,
annual Casita Lighting, group tours and lectures.
• Programs: Good Reads in the Gallery and La Sobremesa Book Clubs, STITCH Fiber Arts
Club, TED Talk Discussion, Take a Break with Huell, Genealogy Club and Sketchbook
Journaling.
• Social Media Promotion: Friday Fun Facts and Exhibit Content is shared via social media
with Facebook, Twitter, Instagram, and YouTube subscribers.
Community Events
Veterans Recognition Ceremony @ Civic Center Courtyard
• The Veterans Recognition Ceremony was held on Friday, November 11, to honor and
recognize 19 veterans and former honorees in the branches of the United States Air Force,
Army, Coast Guard, Marines, and Navy.
• Gold Star Family recognition to honor Staff Sgt. James Perez, US Army and Cpl. Hunter
Lopez, US Marine Corps.
• Col. Howard Thompson, retired US Army, was the guest speaker along with musical
performances from Doug Hassett and the La Quinta High School Wind Ensemble.
• A flyover was provided by the Palm Springs Air Museum, American flag quilts provided by
the Ophelia Project, and the presentation of colors provided by BSA Scout Troops 1701
and 451.
• A Fallen Solider Table was displayed throughout November at the La Quinta Museum to
honor those who are no longer with us.
• A newly installed flag retirement box, located in the south parking lot of City Hall, is
available for residents to properly discard their worn U.S. flags.
228
Community Events
Tree Lighting Ceremony @ Civic Center Campus
• The annual Tree Lighting Ceremony was held on Friday, December 2. Mayor and
Councilmembers provided holiday greetings and counted down the light of the Christmas
Tree.
• Santa Claus was available for Instagram photos in front of the tree and live performances
were provided by Natasha Terrell; Dance, Play, & Pretend and Beginning Ballet; La Quinta
High School Wind Symphony; and Ballet Folklorico Sol Del Desierto.
• Too Tall Tomm handed out candy canes, the Grinch and Frozen's Elsa and Anna greeted
participants and were available for pictures at the photo booth; and a Letter to Santa station
was available for all participants to write down requests for the holiday season.
• Holiday gift bags with toys and treats were provided to children in attendance. 229
• The Holiday Train provided rides for children and families through the park.
Community Events
Concert in the Park Series @ SilverRock Park
• Fake Matthews Band, celebrating the music of the Dave Matthews Band, performed on
Saturday, November 19 from 5:30-8:30 p.m.
• Approximately 400+ persons in attendance.
• City staff provided information and giveaways and food trucks were available to participants.
230
X Park
October 1 - December 31, 2022
• Attendance: 4,642 residents and 4,036 non-residents used the park this quarter.
• Total Memberships: 195 memberships sold (130 resident and 65 non-resident).
• Programs: California Amateur Skateboard League (skateboarding contest); Fivestar
Fridays (community skate jam, local best trick jam, and skateboarding best trick); Quad
Skating Night (local skate jam); Thanksgiving Skate Camp; Christmas Skate Camp (2
sessions); Lucky Pro Scooters (demo and contest); Ride CV BMX Jam( with long jump and
bunny hop contests); and Quad skating clinic and session.
• Events: La Quinta X Park Grand Opening (New Balance Pro Team & Power Peralta
guests); Hot Wheels x Nitro Circus Super Chargers (skate, BMX, and scooter contest
series); and El Gato Classic Legends of Skateboarding.
231
232
t(V QU I � ( r(4j DEPARTMENTAL REPORT ITEM NO. 8
GEM oftbe DESERT —
LA QUINTA SHERIFF'S STATION
QUARTERLY REPORT
Statistics
6.2 6.6 5.7
Priority 1: Average
Response
22 26 30
Priority 1: Calls for
Service
Average Response Time
27.7 27.4
23.1
14.8 13.8 17.2
Priority 2: Average Priority 3: Average
Response Response
■ October November December
Number of Calls for Service
524
432 428
400 378 423
Priority 2: Calls for Priority 3: Calls for
Service Service
October November December
33.1 35.8
30.5
Priority 4: Average
Response
202 190 220
Priority 4: Calls for
Service
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.
233
Crime Statistics
70 70 68
12 8
0 0 1 0 0 0 0
Rape Homicide Aggravated Larceny
Assault
September
Actions by Teams:
Special Enforcement Team &
Business District
• Actions:498
• Property Recovered: $812.59
• Narcotics Seized: Meth 7.7 g
Traffic Team
• Actions:877
Community Service Officers &
Crime Prevention Specialists
• Actions: 1,089
School Resource Officers
• Actions:78
12 19 17 15 14
3 1 1 2 6 3 7
Robbery Burglary Vehicle Simple
Theft Assault
October November
Gang Task Force
• Actions in La Quinta: 8
• Recovered Firearms: 0
• Narcotics Seized: Meth 7.1 g
Citizens on Patrol
• Actions:5
• Hours Donated: 419.75 hours
Public Safety Camera System Statistics
Public Safety Camera System (PSCS) went live on September 20, 2021, since then, La Quinta
Sheriff's Department (LQSD) and city staff have been using the system to monitor city property,
traffic accidents, traffic flow, police investigations and managing special events.
System Statistics:
• 238 videos related to police investigations have been queried.
• Of those queried, 61 videos related to police investigations have been exported.
• Special events managed:
• Alpha Win Triathlon (October)
• La Quinta Art Celebration (November)
• Ironman 2022 (December)
• No businesses have opted out of the PSCS.
Significant Incident Involving the PSCS:
On November 26, 2022, there was a fatal traffic collision involving a bicyclist and vehicle on
Eisenhower and Coachella, which was caught on PSCS. Police were able to use the video as
definitive evidence to charge the driver with vehicular manslaughter. 234
RIVERSIDE COUNTY SHERIFF'S DEPARTMENT
CHAD BIANCO, SHERIFF
TO: City Manager Jon McMillen
FROM: Lt. Andy Martinez
SUBJECT: CSO Pilot Program Update
Background
DATE: 02/09/2023
In June of 2020, La Quinta City Council heard a presentation from the Riverside County Sheriff's
Department's Research & Development (R&D) Team who presented a staffing deployment strategy
intended to yield a police services cost savings and efficient deployment of resources to meet the specific
needs of La Quinta. During this presentation and based on FY 18/19 data, it was said that deputies and
CSO's handled 93.60% and 6.40% of community generated calls for service, respectively.
In December of 2020, La Quinta City Council voted to reduce the daily police contract Daily Patrol Hours
(DPH) hours from 135 to 130 and re -task one CSO from a Traffic Assignment to Patrol as a pilot
program, which became effective in January of 2021.
Staffing
During this review period, deputy staffing was distributed across two shifts, Dayshift (6AM — 6PM), and
Nightshift (6PM—AM). At the contract level of 130 daily hours, shifts are staffed with 6 and 5 deputies
on Dayshift and Nightshift, respectively.
The current police services contract includes a total of 6 CSO, 5 of which are assigned to patrol and 1 to
Crime Prevention and Community Services. Patrol CSO's are currently only authorized a 4/10 schedule,
working 4 days per week, 10-hour shifts. 2 CSO's split the week on night shift, working 5PM to 3AM. 3
CSO's split the week on Dayshift; 2 working Sunday -Wednesday and 1 working Wednesday - Saturday
(7AM-5PM).
Results
To measure results, Calls For Service (CFS) during calendar years 2018, 2019, 2020, 2021 and 2022 were
evaluated. A significant effort was made to duplicate the calculations used by the Matrix Group and
Sheriff's R&D for consistency in reporting, but due to minor variances these results do vary by
approximalty 5%. The following is a summary of results.
1
235
Measure of Deputy Proactive Time (Community CFS Onlv)
Total CFS
Deputy
CSO
Proactive Time
% Change 18/19 av
2018 Community CFS
16,580
15,494
1,086
61.6%
2019 Community CFS
16,000
15,022
978
63.2%
2020 Community CFS
14,952
14,137
815
66.0%
+3.6%
2021 Community CFS
15,072
13,873
1,199
64.3%
+1.9%
2022 Community CFS
14,460
13,138
1,322
64.8%
+2.4%
Measure of Total Dennty Proactive Time (Community CFS + Self Initiated Activitv)
Total Activity
Deputy
CSO
Proactive Time
% Change 2018
2018 All Activity
27,020
24,956
2,064
52.2%
2019 All Activity
29,067
26,061
1,886
51.6%
- .6%
2020 All Activity
28,773
24,157
2,226
52.8%
+ .6%
2021 All Activity
24,757
20,634
3,300
53.7%
+1.5%
2022 All Activity
26,422
21,667
2,574
53.3%
+1.3%
CSO & DeUuty — Average Resuonse/Handlin2 Time
Travel Time
Response Time*
Time on Scene
Total Avg Time
2018 Avg. Respose Time
13:53
23:51
33:52
0:49:44
2019 Avg. Respose Time
14:04
23:28
32:52
0:49:03
2020 Avg. Respose Time
12:55
21:33
33:14
0:48:25
2021 Avg. Respose Time
15:41
28:37
37:36
0:55:47
2022 Avg. Respose Time
16:52
29:41
42:22
1:04:01
*Response Time is a product of Travel Time plus Dispcath Handling Time (not shown) and most
meanigful to community callers.
As a result of this pilot program and considering the reduction in staffing (135 to 130 DPH) deputies
gained 2.4% in proactive time as compared to the FY 18/19 average. CSO's handled 9.1% of CFS in
2022 as compared to 6.4% reported for FY 18/19 by Sheriff's R&D. Also worth noting, during 2022
CSO's were responsible for 16.4% of all patrol activity as compared to 7.1% in 2018.
During this review, it was also determined that patrol deputies are assigned about 68% of calls that are
qualified for a CSO. Since most shifts (with the exception of Sun -Wed Day Shift) are only staffed with
one CSO, there may not always be a CSO available to respond and in an effort to manage response times,
calls are being handled by deputies.
Andy Martinez
2
236
Cu a�K��//!! �� DEPARTMENTAL REPORT ITEM NO. 9
NW
GEM oftbe DESERT --
FIRE DEPARTMENT
QUARTERLY REPORT
Incident Response Activity
Incident. -
Medical
1,032
False Alarm
126
Public Service Assistance
97
Traffic Collision
72
Standby
13
Other Fire
6
Residential Fire
3
Vehicle Fire
0
Rescue
3
Ringing Alarm
7
Other Miscellaneous
3
Hazardous Materials
2
Commercial Fire
0
Multi -Family Dwelling Fire
1
Wildland Fire
2
Incident Total In La Quinta
1,367
Average Enroute to
On -Scene Time
<5 Minutes
F«E
567
of Q-A.
+10 Minutes
aAverage Min
",a
+5 Minutes
",FIRE
313
of P1-
+20 Minutes
a
%Oto5Min
",a
Enroute Time: When a unit has been acknowledged
as responding.
On -scene Time: When a unit has been
acknowledged as being on -scene.
Automatic Aid
LQ Resources Responding in LQ 11271
LQ Resources Aiding Other 769
Jurisdictions
Resources Aiding LQ 459
237
For this quarter, Truck 86 recorded 28 responses and Truck 33 had 10 responses in the City of La
Quinta.
1
4th Quarter Statistics — Office of the Fire Marshal:
• Development Plan Reviews — 127
• Planning Case Reviews — 15
• Construction inspections — 670 (54% increase from Q4 2021)
• Facility Inspections — 191
Plan Reviews:
• Major Development Plans — The Peak - Multi -use
• TI Plans — WDC Kitchen Warehouse, Urban Oazis, Enzo's Addition, Home Depot Tool Rental Center,
Longhorn Steakhouse, RD RNNR, Panera Bread, Boba Shop
• Master Home Fire Sprinkler Plans — Palo Verde
• Special Event — New York Life @ LQRR, Alpha Win Triathlon, Mery Griffin Wedding with Fireworks,
Tradition Fireworks, Rancho La Quinta Fireworks, Andalusia Fireworks, Halum Real Estate Event @
LQRR, Urquhart Wedding Tent, El Gato Classic, Summit Series @ LQRR, Amgen @ LQRR, La
Quinta Art Celebration.
Construction Inspections:
• New Construction/Tenant Improvements — Target, Panera, WeIBeHealth, Solterra Clubhouse, La
Quinta Country Club, El Patio Restaurant, Crumble Cookie
• Tract Home Development Inspections — Andalusia, Cantera, Signature, Jewel @ PGA, Coral Mountain
@ PGA, Stone Creek Ranch, Capistrano, Bella & Rancho Santana, Point Happy, Solterra, Rancho
Santana, Lion's Gate, Palo Verde
• Custom Home Development Inspections — Madison Club, Hideaway, Traditions, Quarry, Cove
Community.
Facility Inspections:
• State Fire Marshal Mandated Annual Inspections: Fire Systems Inspector Leilani Rojas began the
FY22/23 initial annual inspections, beginning with the school facilities within the City. FSI Rojas
continues to follow-up on the facilities still pending compliance.
• Fire Code Complaint Inspections were conducted on the following facilities: Med Post Urgent Care,
Peninsula Park HOA, PGA Nicklaus Clubhouse, Rubio Home, Corporate Center Business Park.
On October 8, 2022, CALFIRE /Riverside County Fire and the City of La Quinta responded to a reported
bathroom fire at a single-family home. First arriving company officer reported a fire in the ceiling of the
residence. Crews quickly contained the fire to the bathroom ceiling, surrounding a ventilation fan. Due to
damage to the electrical wiring, power was disconnected by IID resulting in the displacement of three
adults and one infant, however the family was able to find alternative shelter. No injuries to civilians or
firefighters were reported.
238
On October 15, 2022, CAL FIRE/Riverside County Fire Department resources were dispatched to a
reported public assist for flooding at a four -unit apartment building located on Avenida Navarro in the City
of La Quinta. The first unit on scene reported active flooding inside Unit A on the first floor. Water was
dripping from the ceiling, flooding several rooms inside the unit. After the water was removed, Red Cross
was contacted to assist two elderly females that lived in the unit due to additional rain expected throughout
the night. The property management company was on scene but was unable to provide financial
assistance. No other units were involved. The Building Department of La Quinta was notified of the
incident. No reported injuries to fire personnel or civilians.
On October 28, 2022, CAL FIRE / Riverside County responded to reports of a structure fire in the City of La
Quinta with a report of victims trapped. The first arriving unit reported light smoke from the eaves. RSO
Deputy arrived at scene at the same time as the first arriving unit and conducted a victim rescue. The
victim was transported to JFK Hospital with moderate injuries. Fire personnel were able to contain the fire
to the kitchen area of the house. There were no injuries to fire personnel on this incident.
On December 20, 2022, CAL FIRE/Riverside County Fire Department units responded to a medical
emergency call with a juvenile male that sustained burn injuries. The first unit on scene found one juvenile
male suffering second degree burns to 7% of his body from playing with a lighter. Fire personnel provided
ALS care and the patient was transported by AMR to a local hospital for further treatment. The incident was
turned over to RSO for further investigation due to the burn injury and the juvenile not having adult
supervision at the time of the incident. There were no additional civilian or firefighter injuries.
239
240
REPORTS AND INFORMATIONAL ITEM NO. 27
A.
QpLN{ SAP
.y
V N
�%bRASE9 �� w . c'Q`IFORN`�
Pol
INTERNATIONAL AIRPdRT �, `
REVISED AND
REPOSTED ON
DECEMBER 16, 2022
AIRPORT COMMISSION MEETING AGENDA
Wednesday, December 21, 2022 - 5:30 P.M.
Pursuant to Assembly Bill 361, this meeting will be conducted by teleconference and there will be no
in -person public access to the meeting location.
Submit your public comment to the Airport Commission electronically. Material may be emailed
to: Christina. brown(c�palmspringsca.gov - Transmittal prior to the start of the meeting is required.
Any correspondence received during or after the meeting will be distributed to the Airport
Commission and retained for the official record.
To observe the meeting or to provide public comments at the meeting, please use the following link
https://us02web.zoom.us/i/86019815290?pwd=ZitOZDlyeGZhNUNEQTVkU29nTUdPdzO9
or call (669) 900-6833 and enter Meeting ID: 860 1981 5290 - Passcode: 583916
City of Palm Springs:
Riverside County:
Paul Slama
City of Cathedral City:
Vacant
City of Palm Desert:
Kevin Wiseman
Aftab Dada - Chair
David Feltman
Kevin J. Corcoran
Vice Chair
Ken Hedrick
City of Indian Wells:
Paul Budilo
City of Coachella:
Gabriel Martin
City of Rancho Mirage:
Thomas Weil
Gerald Adams
Scott G. Miller
Patricia Breslin
John Payne
City of La Quinta:
Kathleen Hughes
City of Desert Hot Springs:
Jan Pye
City of Indio:
Jhan Schmitz
Todd Burke
M. Guillermo Suero
Palm Springs City Staff
Teresa Gallavan Harry Barrett Jr., A.A.E. Jeremy Keating
Interim City Manager Airport Executive Director Assistant Airport Director
1. CALL TO ORDER — PLEDGE OF ALLEGIANCE
2. POSTING OF AGENDA
3. ROLL CALL
4. ACCEPTANCE OF AGENDA
5. PUBLIC COMMENTS: Limited to three minutes on any subject within the purview of
the Commission
6. APPROVAL OF MINUTES: Minutes of the Airport Commission Special Meetings of
September 28, 2022 and October 6, 2022
241
Airport Commission Meeting Agenda
December 21, 2022 — Page 2
7. INTRODUCTIONS AND PRESENTATIONS
7.A Riverside County Appointed Commissioner
7.113 Assistant Airport Director
8. DISCUSSION AND ACTION ITEMS:
8.A Airport Art Tour Update
8.113 Palm Springs Art Museum Artwork Loan Extension
8.0 Palm Springs Air Museum Expansion
8.11) Operations, Properties and Facilities Committee Update
8.E Formation of Ad Hoc Design Review Committee
8.F Formation of Ad Hoc Master Plan Review Committee
8.G 2023 Airport Commission Meetings
8.11-11 Marketing Update
8.1 Financial Summary Update
8.J Projects and Airport Capital Improvement Program Update
9. COMMISSIONERS REQUESTS AND REPORTS
10. REPORT OF COUNCIL ACTIONS:
10.A Past City Council Actions
10.113 Future City Council Actions
11. RECEIVE AND FILE:
11.A Airline Activity Report November 2022
11.113 Airline Activity Report Fiscal Year Comparison
11.0 Airlines Schedules January 2023
12. COMMITTEES:
12.A Future Committee Meetings
ADJOURNMENT:
The Airport Commission will adjourn to a Regular Meeting on January 18, 2023, at 5:30
P.M.
242
Airport Commission Meeting Agenda
December 21, 2022 — Page 3
AFFIDAVIT OF POSTING
I, Harry Barrett, Jr., Airport Executive Director, City of Palm Springs, California, hereby
certify this agenda was posted on December 15, 2022, in accordance with established
policies and procedures.
PUBLIC NOTICES
Pursuant to G.C. Section 54957.5(b)(2) the designated office for inspection of records in
connection with the meeting is the Office of the City Clerk, City Hall, 3200 E. Tahquitz
Canyon Way. Complete Agenda Packets are available for public inspection at: City Hall
Office of the City Clerk. Agenda and staff reports are available on the City's website
www.palmspringsca.gov. If you would like additional information on any item appearing
on this agenda, please contact the Office of the City Clerk at
760 323-8204.
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, or in meetings
on a regular basis, you will need special assistance beyond what is normally provided, the
City will attempt to accommodate you in every reasonable manner. Please contact the
Department of Aviation, (760) 318-3800, at least 48 hours prior to the meeting to inform us
of your particular needs and to determine if accommodation is feasible.
243
Palm Springs Airport Commission Report — December 21, 2022 Meeting
Public Comments - None
Introductions & Presentations: New Riverside Country Representative — Paul Slama from Tribal
Headquarters Cabazon Band of Indians and various other valley boards and new Assistant Airport
Director — Jeremy Keating formally from Arizona — 25 years as private pilot and transitioned into
airport management. Teresa Gallavan is still acting as Palm Springs City Manager.
Discussion and Action Items:
Airport Art Tour — Gary Armstrong of PS Art Museum along with airport staff identified which art
was donated to the city but not specifically to the airport or its location. Goal is to identify best
location for airport collection and discuss care and handling of each piece.
Palm Springs Art Museum Artwork Loan Extension —Jay Varata, Community & Economic
Development Director for the museum states that an extension for 5 additional years for 7 pieces
of art. They will also rotate art and supplement the collection. Some pieces were deemed too small
and the museum will speak to the artists about enhancing a piece to make more impact. The City of
PS provides the insurance on the art.
Palm Springs Air Museum Expansion — Fred Bell spoke on behalf of air museum and discussed the
$3million expansion as well as rebuilding the front end of the museum and updating restrooms.
The expansion will extend 2.5 acres to the south. Visitation is heavy and 21% more than last year.
Operations, Properties and Facilities Committee Update — New concessions will make a
presentation on Feb. 23rd. A week prior to Thanksgiving the Overflow Parking Lot opened. The lots
have been 84% full and utilizing two shuttles to transfer passengers and their luggage to the
terminal. Signage needs to be improved. The baggage handling system (approved by a former
Airport Executive Director with no consultation with the airport commission) has not worked as
had been anticipated. The cost is projected to be $20 million for a new system. The city attorney is
evaluating options that the airport may have.
Formation of Ad Hoc Design Review Committee — Paradies and Marshall (the two concession
companies winning the airport contracts) will be reviewed by Aftab Dada, David Feltman, Kevin
Corcoran, Kevin Wiseman, John Payne and Todd Burke
Formation of Ad Hoc Master Plan Review Committee- Afab Dada, Ken Hedrick, Scott Miller and
Kevin Corcoran
2023 Airport Commission Meetings — Afab Dada, the commission Chair, made the motion that the
airport commission only meet 5 times a year. This motion was met with severe opposition by
several airport commissioners who feel more meetings and more sub -committees need to be
created. Afab stated that these meetings consume a lot of time from the airport staff and take
them away from their responsibilities. They are not the best use of their time. One commissioner
proclaimed that airport staff have proven not capable of making sound decisions and used the
244
baggage claim system as an example. Because it was becoming very heated, this will not be an
agenda item to discuss in January. More drama is sure to follow....
Marketing Update: Marketing Director on vacation so his report was written and presented at the
meeting. November set a new record of 17.4 % over previous year. Travel for Christmas is
anticipated to be up 5% to 2021. Over 5400 additional departing seats compared to 2021 from
12/21 to 12/26.
Logo update provided new options: Consultant took info from over 500 community surveys and
stakeholder meeting. More meetings will follow with goal of presentation to City Council in
March/April.
Financial Summary Update: Victoria Carpenter, Airport Administration Manager stated that the
airport budget and actual revenue are holding very close to expectation and all revenues will now
increase with December through March anticipated passenger lift. Year to date (through
November) emplaned passengers are 47.2% over 2021 and deplaned passengers are 45.7% over
2021. Rental cars will also escalate dramatically over the next four months including December and
this is a major revenue stream for the airport. Federal Grants are closely monitored and the CARES
grant for COVID with over $11 million will expire in May 2024. All other current grants expire in
2025-2027. The staff is always searching for grants to apply for to improve the airport.
Projects and Airport Capital Improvement Program Update — three points were discussed:
1. Update on the subject of airlines — insurance and baggage handling with anticipated update
end of January
2. WIFI — IT Manager for City of PS has been contacted who there are also issues of weak WIFI at
City Hall. Airport has received complaints on this topic.
3. Homeless spending the night at the airport — USO (who closes at 10 pm each night) states they
were not aware of homeless issue at airport nor that the homeless were trying to steal bags from
the military. Military flights drop off servicemen after 10 pm and many elect to just spend the
night at the airport due to early flight in the morning. Hotels offer complimentary rooms based on
availability according to Afab, but miliary are nervous about missing a wake-up call, or getting
transportation to/from airport. The homeless are using the restrooms and sleeping on chairs or on
the floor. The airport commission had been told last summer by former PS City Manager that the
airport would not be affected at all by opening the homeless shelter across the street. Obviously,
the cold weather is bringing them inside.
Commissioners Requests and Reports — None
Report of Council Actions - None
Next Airport Commission meeting will be a regular meeting on Jan. 18, 2023 at 5:30 pm
245
246
REPORTS AND INFORMATIONAL ITEM NO. 28
o� QALM SA� .� � •
Al -y
VH INTERNATIONAL AIRPORT
AIRPORT COMMISSION MEETING AGENDA
cgORN�P Airport Conference Room, Palm Springs International Airport
3400 E. Tahquitz Canyon Way, Palm Springs, CA 92262
Wednesday, February 15, 2023 - 5:30 P.M.
Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference.
There will be in -person public access to the meeting location.
To submit your public comment to the Airport Commission electronically. Material may be emailed
to: Christina. brown(50almspringsca.gov - Transmittal prior to the start of the meeting is required. Any
correspondence received during or after the meeting will be distributed to the Airport Commission and
retained for the official record.
This is a hybrid in -person and virtual meeting. To virtually observe the meeting or to virtually provide
public comments, please use the following Zoom link
https://us02web.zoom.us/i/86019815290?pwd=ZitOZDIVeGZhNUNEQTVkU29nTUdPdzO9
or call (669) 900-6833 and enter Meeting ID: 860 1981 5290 - Passcode: 583916
City of Palm Springs:
Riverside County:
Paul Slama
City of Cathedral City:
Tony Michaelis
City of Palm Desert:
Kevin Wiseman
Aftab Dada - Chair
David Feltman
Kevin J. Corcoran
Vice Chair
Ken Hedrick
City of Indian Wells:
Paul Budilo
City of Coachella:
Gabriel Martin
City of Rancho Mirage:
Vacant
Gerald Adams
Scott G. Miller
Patricia Breslin
John Payne
City of La Quinta:
Kathleen Hughes
City of Desert Hot Springs:
Jan Pye
City of Indio:
Jhan Schmitz
Todd Burke
M. Guillermo Suero
Palm Springs City Staff
Teresa Gallavan Harry Barrett Jr., A.A.E. Jeremy Keating
Interim City Manager Airport Executive Director Assistant Airport Director
1. CALL TO ORDER — PLEDGE OF ALLEGIANCE
2. POSTING OF AGENDA
3. ROLL CALL
4. ACCEPTANCE OF AGENDA
5. PUBLIC COMMENTS: Limited to three minutes on any subject within the purview of
the Commission
6. APPROVAL OF MINUTES: Minutes of the Airport Commission Regular Meeting of
November 22, 2022
7. INTRODUCTIONS AND PRESENTATIONS
7.A Cathedral City Appointed Commissioner Tony Michaelis
247
Airport Commission Meeting Agenda
February 15, 2023 — Page 2
8. DISCUSSION AND ACTION ITEMS:
8.A Working Groups
8.113 USO Update
8.0 Marketing Update
8.11) Ad Hoc Design Review Committee Update
8.E Budget and Finance Committee Update
8.F Airport Mid -Year FY22/23 Budget Update
8.G Airport Staffing Update
8.1111 Projects and Airport Capital Improvement Program Update
9. EXECUTIVE DIRECTOR REPORT
10. COMMISSIONERS REQUESTS AND REPORTS
11. REPORT OF COUNCIL ACTIONS:
11.A Past City Council Actions
11.113 Future City Council Actions
12. RECEIVE AND FILE:
12.A Airline Activity Report January 2023
12.113 Airline Activity Report Fiscal Year Comparison
13. COMMITTEES:
13.A Future Committee Meetings
ADJOURNMENT:
The Airport Commission will adjourn to a Special Meeting on February 28, 2023, at 1:00
P.M.
248
Airport Commission Meeting Agenda
February 15, 2023 — Page 3
AFFIDAVIT OF POSTING
I, Harry Barrett, Jr., Airport Executive Director, City of Palm Springs, California, hereby
certify this agenda was posted on February 9, 2023, in accordance with established
policies and procedures.
PUBLIC NOTICES
Pursuant to G.C. Section 54957.5(b)(2) the designated office for inspection of records in
connection with the meeting is the Office of the City Clerk, City Hall, 3200 E. Tahquitz
Canyon Way. Complete Agenda Packets are available for public inspection at: City Hall
Office of the City Clerk. Agenda and staff reports are available on the City's website
www.palmspringsca.gov. If you would like additional information on any item appearing
on this agenda, please contact the Office of the City Clerk at
(760) 323-8204.
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, or in meetings
on a regular basis, you will need special assistance beyond what is normally provided, the
City will attempt to accommodate you in every reasonable manner. Please contact the
Department of Aviation, (760) 318-3800, at least 48 hours prior to the meeting to inform us
of your particular needs and to determine if accommodation is feasible.
249
Palm Springs Airport Commission Report — February 15, 2022 Meeting
Public Comments - None
Introductions & Presentations: Introduction of new Cathedral City Commissioner Tony Michaelis.
Discussion and Action Items:
Working Groups —The airport staff have created a means of how to prioritize their tasks and that
of the airport commission committees requests so that one can easily review the status of a topic. I
feel the airport staff is intimidated by the demands of the current airport commission. There are 3
bullies that dominate and disrupt the meetings. They are abrasive and not pleasant. They do not
understand that the commission reports to City Council and believe the airport should be
independent as a federal entity. Unfortunately, the Commission Chairman, Afab Dada is not
effective in controlling them and keeping them on topic. The airport staff created the working
group concept to protect themselves. Several temporary flights have been added for Coachella
USO Update - The airport offered the USO assistance with additional funding for development of a
free lodging program and other resources to support and expand their services. The USO
responded that it doesn't require being open 24/7 at this time.
Marketing Update - The January 2023 total passenger count was 43.9% over 2022. However we
must be mindful that COVID/Omicron impacted both January & February 2022. The new airport
logo will be presented in April to PS City Council.
Ad Hoc Design Review — New menus and design of the latest airport bar and signage is fresh and
inviting. It definitely has a PS vibe to it!
Airport Staffing Update — The airport is severely understaffed compared to comparable other
airports of similar size. This is not new — it has been true since 2021. The airport flights and
passengers have increased significantly but the airport staff has not. From 2012 — 2021 the airport
had a staff of 80. In 2022 the staff was increased to 92.5 but there are 13 vacancies that need to be
filled. By 2024 there should be 114 staff positions. The airport has been challenged with greater
than anticipated growth, changing regulations from both the TSA and FAA, our need for data in
every department, and a greater need than ever before for public safety. Harry Barrett, the Airport
Executive Director, has vision and believes the airport staff needs to grow but not have
"overgrowth". He is seeking ways that the airport can share resources and be more efficient. This
will be a primary task for him and one that is imperative to get the right individual in the right
space.
Airport Mid -Year 2022/23 Budget Update - The airport is flourishing due to its steady growth and
federal funding received during the pandemic. The most profitable fund is the Customer Facilities
which is based on car rentals. The airport gains $9 per day up to 5 days or $45 on every car rental.
This has provided a surplus of $767,000 to date at mid -year. Another source of recognition is the
General Airport Operations Fund.
250
Highlights from the General Operations Fund are:
The General Airport Operations Fund Revenue ended the first two quarters of the fiscal year with
total revenue at $25.7 million. This is an increase of 108% from the first two quarters of fiscal year
2022 due to the collection of the Coronavirus Aid, Relief and Economic Security Act (CARES) and
the Airport American Rescue Plan Act (ARPA) funds in the second quarter of FY23. Mid -year
highlights are presented below:
• The Airport received approximately $6.0 million from the CARES Act and approximately $6.0 million
from the ARPA Act fund.
• On -Airport Car Rental Fees increased by 4%. Car Rental Fees at mid -year FY22 were approximately
$3.9 million compared to FY23 at $4 million.
• Airport Leased Parking increased by 13% due to an increase in passenger traffic. Airport Leased
Parking at mid -year FY22 were approximately $2.5 million compared to FY23 at $2.8 million
• Terminal Non -Airlines Commercial Rentals growth of 92% is driven by CLEAR leasing terminal space
and the increase in sales from the food and beverage and retail concessionaire.
Executive Director Report from Harry Barrett - Covered in the Airport Mid -Year Report and Airport
Staffing Update
Commissioners Requests and Reports — None
Report of Council Actions - None
Next Airport Commission meeting will be a special meeting on Feb. 28, 2023 at 1 pm. I will not be able
to attend due to La Quinta Art Celebration Artist Registration at Wellness Center and event starting
the next day.
251
252
POWER POINTS
CITY COUNCIL
MEETING
MARCH 7, 2023
Y
City Council Meeting
March 7, 2023
Pledge of Allegiance
City Council Meeting
March 7, 2023
Presentations
1
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S
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City Council Meeting
March 7, 2023
P1 - La Quinta High School
Associated Student Body
Presentation
i
CALIFORNIA
City Council Meeting
March 7, 2023
S1 - Discuss Converting RCSD Traffic Car Officer
Position to a Traffic Motor Officer Position
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Background
La Quinta contracts with Riverside County Sheriff's Department for
law enforcement services.
• 130 daily patrol hours (about 25 Deputies at 1,884 productive hours)
• One (1) Lieutenant
• Two (2) Sergeants
• Two (2) Motor Officers
• Three (3) Traffic Officers
• Five (5) Special Enforcement Team (SET)
• Two (2) Deputy Sheriff Officers assigned to Violent Crime Gang Task Force &
Coachella Valley Narcotics Task Force
• Six (6) Community Service Officer II positions
Request
Traffic Team: Traffic Team:
2 Motor Officers 3 Motor Officers
3 Traffic Officers 2 Traffic Officers
Advantages of a Motor Officer vs. a
Traffic Officer
• Overall faster response times than a vehicle within City.
• Smaller profile of a motorcycle versus a car allows for better positional opportunities, which
are better in achieving the overall traffic safety goals.
• Able to maneuver through traffic more efficiently and be seen by more motorists.
• Motorcycles provide better support for local events with large vehicle and pedestrian
attendance.
• Response times of motorcycle is approximately 40% faster than patrol cars, this includes
high priority and in progress crimes.
Delineation of Duties
Motor Officer Traffic Officer
• Investigate traffic collisions Investigate traffic collisions
• Enforce traffic laws Enforce traffic laws
• Focus on collision
• DUI enforcement
• Traffic control
• Assistance with large events
involving pedestrians
• Dignitary escorts
• Focus on collision
• DUI enforcement
• Limited traffic contro
Delineation of Duties
Most Significant Difference -
• Motorcycle Officers focus on preventing
collisions.
• Traffic Officers focus on reacting to collisions
after they occur.
n Comparison
Currently, La Quinta is the only city in the desert that still staffs a traffic
officer (Car). All have been converted to motorcycles.
• Palm Springs — 4 Motor Officers
• Rancho Mirage — 3 Motor Officers
• Palm Desert — 4 Motor Officers
• Indian Wells — 1 Motor Officer
• La Quinta — 2 Motor Officers
• Indio — 2 Motor Officers
The cities of Cathedral City and Coachella do not have a traffic team.
Fiscal Impact
• First year cost: $40,000 which includes the
cost of one new motorcycle, equipment
and motor pay differential of $1.95 an
hour.
• Recurring annual cost (after less patrol car
mileage): $7,100
Motor Officer Safety
Department Approved Motor Uniforms
— Full Face Helmets
— Kevlar infused ripstop uniforms
— Kevlar mesh pants
— Motorcycle riding boots
* Patrol cars are always available during inclement weather
Overall Goal of a Motor Officer
• Educate the public through visibility and violator
contact
• Reduction of traffic collisions
• Provide the safest experience possible while
driving on streets within the City.
Questions?
CALIFORNIA
City Council Meeting
March 7, 2023
S2 - Discuss New Improvements in Public
Safety Tech
I A
Background
As public safety technology advances, its ability to
increase police efficiency is well -documented and
known. There are two technologies staff would like to
examine:
• Automated License Plate Reader (ALPR)
• Gunshot Detection Software
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March 7, 2023
What is ALPR
• Captures Still Images
• Date, Time & Location
• Converts License Plates to Alphanumeric
Characters
• Recognizes Vehicle Type & Color
• Does Not connect to DMV
• Does Not Use Facial Recognition
• Does Not Enforce Traffic
• Downloads DOJ Hot Lists (Plates & Wants Only)
• Users Can Create Own Hot Lists
21
ALPR —California SB34 (2015)
• Requires...
• ALPR users safeguard data
• Agencies to create and maintain a policy
• Post on agency website
• Agency host public hearing prior to program implementation
• Allows civil recourse to those harmed by negligent release
• Requires agencies to provide training to users
• Required Software Provider to be CAS Compliant
• Audit trail for use of database
22
11
March 7, 2023
ALPR Users & Sharing, Purging
• Users
• Patrol Deputies, Investigators, Crime Analysts
Sharing
Agencies choose to share or not
With SB34 Complaint Agencies
No Sharing with Immigration Agencies
Palm Springs, Cathedral City, Desert Hot Springs, Rancho Mirage, Palm Desert, Indian Wells,
Indio and unincorporated areas.
San Jacinto, Hemet, Beaumont, Menifee, Redlands, East Vale, Moreno Valley, Jurupa Valley,
Murrieta, Temecula, Canyon Lake, Lake Elsinore, Norco, Perris, Wildomar, Murrieta, and
Corona.
23
24
12
March 7, 2023
ALPR Success Story
November 2, ZB20 (Hemet, CA) — In June of 242a, the Hemet Police Deportment
implemented new measures to fight crime by partnering with technelvgy company Flock
Safety, a crime -solving company that provides the most advanced & affordable security
for neighbarhoods, small businesses, and law enforcement. Twenty (20) license plats
reading (LPN) cameras were placed throughout the City of Hemet.
Since the Flock cameras went live an June 81h, the Hemet polio Department has been
able to safely recover 132 stolen vehicles and make 119 arrests associated with those
cases. The Hemet police Department reached a benchmark with the total recovery
value of the vehicles amounting to approximately $1.15 Mill Iloin dollars.
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March 7, 2023
Flock & PSC
• Public Safety Cameras Uses
• Traffic Collision Investigation
• Criminal Investigations
Without ALPR
• Requires Hours of Video Review
• Doesn't Always Generate Investigative Leads
• Generates Significant Follow -Up
27
ALPR Alert
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March 7, 2023
29
Transparency
Public Facing Portal
Number of Cameras
Who Cameras are Shared With
Department Policy
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March 7, 2023
Crime Rankings & Trends 2021
Property Crime & Clearance
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16
March 7, 2023
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Detect • Protect - Connect
Addressing Gun Violence
in La Quinta, CA -
March 7th, 2023
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Community Impact & Engagement Initiatives
University
Partnerships
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Leverage the future of policing, now
Our Mission
Eliminate Crime for the Mhole Community
La Quinta, CA
48
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Why Flock Safety?
Gunshot detection and ALPR together
ftack safety
When you get Flock you
get:
objective, real-time and investigative leads
• Vehicle Fingerprint'" = license plate plus
• Indiscriminate evidence from fixed locations
• No people, no facial recognition, no traffic enforcement
• Solar Powered, LTE enabled -Easy to deploy
• Works in conjunction with the Raven Gunshot Detection
March 7, 2023
What is Raven?
• Low cost: $25-$35K / square mile
• Infrastructure -light: physical installation takes as little as 1 week / square
mile*
Low power and privacy -focused: devices are solar -powered, only turn on
when a gunshot is heard
Accurate alerts and localization of gunshots: find victims and physical
evidence faster
• Automatic tie-in to Falcon ALPR: easily create a perimeter around a crime
scene to see who drove in and out before and after the gunshot, use LPR
searches and Hotlists to find suspects faster
• Utilizes Flock's patented machine learning models
• No additional training required for RSO. Flock is accessable to the entire
department today.
51
Continuous training and evolution
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March 7, 2023
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53
How does this
technology prevent
and eliminate
crime?
54
Proactive: Real Time Alerts when Wanted
Vehicles or gunshots happen in your City
Investigative: As clearance rates increase,
crime rates decrease
Flock cameras and Raven act as a
deterrent
Product is widely adopted by RSO and
nearly all cities in Riverside County
27
March 7, 2023
Flock
is Widely Adopted
in
California
•
Alhambra
• Cathedral City
•
Elk Grove
•
El Monte
• Riverside County Sheriff
•
Woodland
•
Glendale
• Temecula
•
Grass Valley
•
La Canada Flintridge
• Moreno Valley
•
•
San Ramon
Danville
•
MontereyPark
• Lake Elsinore
•
Livermore
•
San Dimas
• Canyon Lake
•
Hercules
•
Arcadia
• Beaumont
•
Vacaville
•
Azusa
• Indio
•
Lake County Sheriff
•
Glendora
• Norco
.
Clear Lake
•
Covina
• Palm Desert
•
Fairfield
•
West Covina
• Wildomar
•
Benicia
•
Pomona
• Indio
•
Rio Vista
•
Calabasas
• Riverside
•
Dixon
• Placentia
•
Napa County Sheriff
•
La Puente
•
San Mateo County Sheriff
•
Rosemead
• Stanton
.
Novato
•
Jurupa Valley
• Laguna Hills
•
San Mateo PD
•
Lake Elsinore
• Lake Forest
•
San Bruno
•
Hemet
• Seal Beach
•
Foster City
•
San Jacinto
• Oceanside
•
Colma
• Bakersfield
•
Hillsborough
55
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CALIFORNIA
City Council Meeting
March 7, 2023
S3 - 2021-02 Fritz Burns Park Improvements
Draft Master Plan
Background
• Additional park amenities identified as
priority at 2021, 2022 and 2023
Community Workshops
• Funding included in CIP for Master
Planning and Design
Background
• In May 2022 INSITE was selected to
develop Fritz Burns Park Master Plan
• October 2022 Community Survey
• Project team, consultant and
community feedback: Developed 4
Phase Draft Plan
Existing Park Amenities
• Swimming pool
• Children's play area
• Picnic tables &
benches
• Restrooms
• 6 tennis courts
• 8 pickle ball courts
• Water feature
• Skate park
• Dog park
• Parking lot and
off-street parking
IYm= BURNS PARK MASTER PLAN
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Proposed Park Amenities
PHASE 1*:
✓ Replacement of tennis court/pickle
ball court shade structures;
✓ Conversion of two (2) tennis courts
to eight (8) pickle ball courts.
*Staff is procuring quotes for this phase
PHASE 2:
✓ Expanded playground with new
equipment, shade, lighting, and
drinking fountains;
✓ Plaza with public art play element,
seating, and shade;
✓ Restroom building;
✓ Tree lined promenade with seating
and picnic tables;
✓ Bicycle racks and tune-up station.
Proposed Park Amenitie
PHASE 3:
✓ Modifications to existing
parking lot;
✓ New parking lot with tree
islands;
✓ Electric Vehicle charging
stations.
FRITZ BURNS PARK MASTER PLAN
PHASE 4:
✓ New water playground and
wading pool;
✓ Expanded pool deck with
shade and seating;
✓ Expanded pool equipment
area.
Cost Estimates by Phase
PHASE I COSTESTIMAT
*Staff is curreffl7rMuring cost estimates from vendors for this
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Project Funding
• Project 2021-02 Funding in CIP
• FY 2021/22: $350K Measure G
• FY 2022/23: $500K Parks & Rec DIF
• Construction funding will be proposed in
FY 2023/24 through 2027/28 CIP per
Council direction
Questions?
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CALIFORNIA
City Council Meeting
March 7, 2023
B 1 - Agreement for Shade Structure
Installation at Fritz Burns Park
and X-Park
CALIFORNIA
ems`` . �.� � ..art-•�- � - -
City Council Meeting
March 7, 2023
B2 - Contract Services with Kiley &
Associates for Federal Lobbyist Services
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Background
• Why a Federal Lobbyist:
— Federal funding for City programs and projects
— Meetings with U.S. Congress and federal agencies
— Pending federal legislation impacting the local government
— Voice and relationship in Washington, DC
Kiley & Associates
• DC office on Capitol Hill
• Results in securing federal funding for CA cities
• Understands the importance of collaborating
with local representatives
• $42,000/year ($3,500/monthly)
i
CALIFORNIA
City Council Meeting
March 7, 2023
63 - Letter of Concern to Coachella
Valley Unified School District to
Reinstate School Resource Officers
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