2024 06 18 Councilta Qa�fra
GEM of the DESERT —
City Council agendas and staff reports
are available on the City's
web page: www.LaQuintaCA.gov
CITY COUNCIL
AGENDA
CITY HALL COUNCIL CHAMBER
78495 Calle Tampico, La Quinta
REGULAR MEETING ON TUESDAY, JUNE 18, 2024
3:00 P.M. CLOSED SESSION 1 4:00 P.M. OPEN SESSION
Members of the public may listen to this meeting by tuning -in live via
http://Iaguinta.12milesout.com/video/live.
CALL TO ORDER
ROLL CALL: Councilmembers: Fitzpatrick, McGarrey, Pena, Sanchez, and Mayor Evans
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
At this time, members of the public may address the City Council on any matter not listed on
the agenda pursuant to the "Public Comments — Instructions" listed at the end of the agenda.
The City Council values your comments; however, in accordance with State law, no action
shall be taken on any item not appearing on the agenda unless it is an emergency item
authorized by the Brown Act [Government Code § 54954.2(b)].
CONFIRMATION OF AGENDA
CLOSED SESSION
CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT
CODE SECTION 54957.6; CITY DESIGNATED REPRESENTATIVE: CARLA
TRIPLETT, HUMAN RESOURCES MANAGER; AND EMPLOYEE
ORGANIZATION: LA QUINTA CITY EMPLOYEES' ASSOCIATION, AND
UNREPRESENTED EMPLOYEES
2. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION;
INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION
(d) OF SECTION 54956.9 (NUMBER OF POTENTIAL CASES: 1)
CITY COUNCIL AGENDA Page 1 of 8 JUNE 18, 2024
RECESS TO CLOSED SESSION
RECONVENE AT 4:00 P.M.
REPORT ON ACTION(S) TAKEN IN CLOSED SESSION
PLEDGE OF ALLEGIANCE
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
At this time, members of the public may address the City Council on any matter not listed on
the agenda pursuant to the "Public Comments — Instructions" listed at the end of the agenda.
The City Council values your comments; however, in accordance with State law, no action
shall be taken on any item not appearing on the agenda unless it is an emergency item
authorized by the Brown Act [Government Code § 54954.2(b)].
ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS
1. LIFT TO RISE 2024-2026 ACTION PLAN REGARDING REGIONAL HOUSING
AFFORDABILITY EFFORTS PRESENTATION BY JESSIKA POLLARD, SENIOR
POLICY ANALYST, AND IAN GABRIEL, DIRECTOR OF DATA, POLICY AND
PLANNING
CONSENT CALENDAR
NOTE: Consent Calendar items are routine in nature and can be approved by one motion.
PAGE
1. APPROVE COUNCIL MEETING MINUTES OF MAY 21, 2024 9
2. AUTHORIZE OVERNIGHT TRAVEL FOR MARKETING MANAGER TO ATTEND 19
CALIFORNIA TRAVEL ASSOCIATION SUMMIT 2024 IN OCEANSIDE
CALIFORNIA, SEPTEMBER 8-12, 2024
3. AUTHORIZE OVERNIGHT TRAVEL FOR MAYOR, FOUR COUNCILMEMBERS, 21
CITY MANAGER, AND ONE DIRECTOR TO ATTEND THE LEAGUE OF
CALIFORNIA CITIES ANNUAL CONFERENCE IN LONG BEACH, CALIFORNIA,
OCTOBER 16-18, 2024
4. EXCUSE ABSENCE OF COMMISSIONER GUERRERO FROM THE JUNE 11, 23
2024, PLANNING COMMISSION MEETING
5. ADOPT RESOLUTION APPROVING FISCAL YEAR 2024/25 INVESTMENT 25
POLICY [RESOLUTION NO. 2024-024]
6. APPROVE AGREEMENTS FOR CONTRACT SERVICES WITH LOZANO'S
PAINTING, INC. AND COLOR NEW CO FOR ON -CALL PAINTING AND
REFINISHING SERVICES
CITY COUNCIL AGENDA Page 2 of 8 JUNE 18, 2024
7. APPROVE AGREEMENTS FOR CONTRACT SERVICES WITH HR GREEN
PACIFIC AND NV5, INC. FOR ON -CALL PUBLIC WORKS DEVELOPMENT
PLAN CHECK SERVICES
8. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH TERRA NOVA
PLANNING AND RESEARCH, INC. FOR ON -CALL PLANNING SERVICES
9. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH NAI
CONSULTING, INC. FOR CAPITAL IMPROVEMENT PROGRAM PROJECT
MANAGEMENT AND PROFESSIONAL ENGINEERING SERVICES
10. APPROVE CONTRACT SERVICES AGREEMENT WITH ALPHA MEDIA FOR
MARKETING SERVICES FOR FISCAL YEAR 2024/25
11. APPROVE AMENDMENT NO. 4 TO REIMBURSEMENT AGREEMENT WITH
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS FOR AVENUE 48
ARTS AND MUSIC LINE PROJECT NO. 2020-08
12. APPROVE AMENDMENT NO. 3 TO AGREEMENT FOR CONTRACT SERVICES
WITH HGA TO ALLOCATE FUNDING FOR ADDITIONAL DESIGN SERVICES
FOR CULTURAL CAMPUS PROJECT NO. 2019-01
13. AWARD CONTRACT TO DESERT CONCEPTS CONSTRUCTION, INC. FOR
CITYWIDE LANDSCAPE MAINTENANCE WITHIN LANDSCAPE AND
LIGHTING ASSESSMENT DISTRICT 89-1, PROJECT NO. 2023-28; AND
AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE DESERT
CONCEPTS CONSTRUCTION, INC. AS A SELECT SOURCE FOR EXTRA
WORK AND ON -CALL MAINTENANCE SERVICES
14. AWARD CONTRACT TO HORIZON LIGHTING, INC. FOR CITYWIDE LIGHTING
MAINTENANCE WITHIN THE LANDSCAPE AND LIGHTING ASSESSMENT
DISTRICT 89-1, PROJECT NO. 2023-29; AND AUTHORIZE THE PUBLIC
WORKS DEPARTMENT TO UTILIZE HORIZON LIGHTING, INC. AS A SELECT
SOURCE FOR EXTRA WORK AND ON -CALL ELECTRICAL SERVICES
15. AWARD CONTRACT TO DESERT CONCEPTS CONSTRUCTION, INC. FOR
PARK LANDSCAPE MAINTENANCE, PROJECT NO. 2023-30; AND
AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE DESERT
CONCEPTS CONSTRUCTION, INC. AS A SELECT SOURCE FOR EXTRA
WORK AND ON -CALL MAINTENANCE SERVICES
16. AWARD CONTRACT TO VINTAGE ASSOCIATES, INC. FOR SILVERROCK
LANDSCAPE MAINTENANCE, PROJECT NO. 2023-31; AND AUTHORIZE THE
PUBLIC WORKS DEPARTMENT TO UTILIZE VINTAGE ASSOCIATES, INC. AS
A SINGLE SOURCE FOR EXTRA WORK AND ON -CALL MAINTENANCE
SERVICES
CITY COUNCIL AGENDA Page 3 of 8 JUNE 18, 2024
213
261
267
285
17. ALLOCATE FUNDING AND AWARD CONTRACT TO SUPERIOR ROOFING
FOR THE CITY HALL ROOF REPAIR PROJECT NO. 2023-32, LOCATED AT
THE CITY OF LA QUINTA CITY HALL
18. ADOPT RESOLUTION APPROVING AMENDMENT NO. 2 TO THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA QUINTA
AND THE LA QUINTA CITY EMPLOYEES' ASSOCIATION
[RESOLUTION NO. 2024-025]
19. ADOPT RESOLUTION APPROVING BENEFIT, CLASSIFICATION, AND
SALARY PLAN/SCHEDULE FOR FISCAL YEAR 2024/25
[RESOLUTION NO. 2024-026]
20. ADOPT RESOLUTION APPROVING THE CITY'S PROJECT LIST FOR FISCAL
YEAR 2024/25 FOR SENATE BILL 1 — ROAD REPAIR AND ACCOUNTABILITY
ACT 2017 FUNDING [RESOLUTION NO. 2024-027]
21. APPROVE DEMAND REGISTERS DATED MAY 31, AND JUNE 7, 2024
22. APPROVE DEMAND REGISTERS FOR SOUTHERN CALIFORNIA GAS
COMPANY DATED APRIL 12, MAY 10 AND 31, 2024
BUSINESS SESSION
PAGE
1. APPROVE MEMORANDUM OF UNDERSTANDING WITH COUNTY OF
RIVERSIDE FOR LIBRARY, MUSEUM, AND MAKERSPACE MANAGEMENT
2. APPROVE COMMUNITY AWARDS PROGRAM CRITERIA AND
APPLICATIONS
3. INTRODUCE FOR FIRST READING AN ORDINANCE ADDING CHAPTER 11.82 425
TO TITLE 11 OF THE LA QUINTA MUNICIPAL CODE ESTABLISHING
REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF
CATALYTIC CONVERTER(S) [ORDINANCE NO. 614]
4. ADOPT RESOLUTION APPROVING FISCAL YEAR 2024/25 BUDGET AND 437
ESTABLISH THE CITY'S APPROPRIATIONS LIMIT [RESOLUTION NO.2024-028]
STUDY SESSION — None
PUBLIC HEARINGS — 5:00 p.m. or thereafter
For all Public Hearings on the agenda, a completed "Request to Speak" form must be filed
with the City Clerk prior to consideration of that item; comments are limited to three (3)
minutes (approximately 350 words).
CITY COUNCIL AGENDA Page 4 of 8 JUNE 18, 2024
Any person may submit written comments to the City Council prior to the public hearing
and/or may appear and be heard in support of or opposition to the project(s) at the time of
the public hearing. If you challenge a project(s) in court, you may be limited to raising only
those issues you or someone else raised at the public hearing or in written correspondence
delivered to the City at or prior to the public hearing.
PAGE
1. ADOPT RESOLUTION APPROVING FISCAL YEARS 2024/25 THROUGH
2028/29 CAPITAL IMPROVEMENT PROGRAM [RESOLUTION NO. 2024-029]
2. ADOPT RESOLUTION CONFIRMING THE ASSESSMENT AND DISTRICT
DIAGRAM FOR FISCAL YEAR 2024/25 LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT 89-1 [RESOLUTION NO. 2024-030]
DEPARTMENTAL REPORTS
1. CITY MANAGER
2. CITY ATTORNEY
3. CITY CLERK
4. COMMUNITY SERVICES
5. DESIGN AND DEVELOPMENT
6. FINANCE
7. PUBLIC SAFETY
8. PUBLIC WORKS
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. VISIT 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. DESERT SANDS UNIFIED SCHOOL DISTRICT COMMITTEE (Evans & Sanchez)
11. DESERT RECREATION DISTRICT COMMITTEE (Fitzpatrick & McGarrey)
12. COACHELLA VALLEY UNIFIED SCHOOL DISTRICT COMMITTEE (Fitzpatrick & Pena)
13. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (Fitzpatrick)
14. CVAG TRANSPORTATION COMMITTEE (Fitzpatrick)
15. IMPERIAL IRRIGATION DISTRICT — ENERGY CONSUMERS ADVISORY COMMITTEE
(McGarrey)
16. COACHELLA VALLEY MOUNTAINS CONSERVANCY (McGarrey)
CITY COUNCIL AGENDA Page 5 of 8 JUNE 18, 2024
17. LEAGUE OF CALIFORNIA CITIES — ENVIRONMENTAL QUALITY POLICY COMMITTEE
(McGarrey)
18. LEAGUE OF CALIFORNIA CITIES — EXECUTIVE COMMITTEE RIVERSIDE COUNTY
DIVISION (McGarrey)
19. CANNABIS AD HOC COMMITTEE (Pena & Sanchez)
20. CVAG PUBLIC SAFETY COMMITTEE (Pena)
21. CVAG HOMELESSNESS COMMITTEE (Pena)
22. COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT (Pena)
23. SUNLINE TRANSIT AGENCY (Pena)
24. ANIMAL CAMPUS COMMISSION (Sanchez)
25. GREATER CV CHAMBER OF COMMERCE INFORMATION EXCHANGE COMMITTEE
(Sanchez)
26. LEAGUE OF CALIFORNIA CITIES — PUBLIC SAFETY COMMITTEE (Sanchez)
27. RIVERSIDE LOCAL AGENCY FORMATION COMMISSION (Sanchez)
28. ART PURCHASE COMMITTEE (Sanchez & McGarrey)
29. CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (Sanchez)
30. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS REGIONAL COUNCIL
(Sanchez)
31. FINANCIAL ADVISORY COMMISSION MEETING MINUTES OF MAY 8, 2024 499
ADJOURNMENT
*********************************
The next regular meeting of the City Council will be held on July 2, 2024, 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 June 14, 2024.
DATED: June 14, 2024
V�
MONIKA RADEVA, City Clerk
City of La Quinta, California
Public Notices
• Agenda packet materials are available for public inspection: 1) at the Clerk's Office at La
Quinta City Hall, located at 78495 Calle Tampico, La Quinta, California 92253; and 2) on
CITY COUNCIL AGENDA Page 6 of 8 JUNE 18, 2024
the City's website at www.laquintaca.gov/councilagendas, in accordance with the Brown
Act [Government Code § 54957.5; AB 2647 (Stats. 2022, Ch. 971)].
• 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.
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
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 AGENDA Page 7 of 8 JUNE 18, 2024
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.].
TELECONFERENCE ACCESSIBILITY — INSTRUCTIONS
Teleconference accessibility may be triggered in accordance with AB 2449 (Stats. 2022, Ch.
285), codified in the Brown Act [Government Code § 549531, 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.
*** 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/them 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/i/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(o)-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 8 of 8 JUNE 18, 2024
CONSENT CALENDAR ITEM NO. 1
CITY COUNCIL
MINUTES
TUESDAY, MAY 21, 2024
CALL TO ORDER
A regular meeting of the La Quinta City Council was called to order at 3:00 p.m. by Mayor
Evans.
PRESENT: Councilmembers Fitzpatrick, McGarrey, Pena, Sanchez, and Mayor Evans
ABSENT: None
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA — None
CONFIRMATION OF AGENDA
City Manager McMillen said the proposed 2024 Legislative Policy Guide under
consideration on tonight's agenda as Business Session Item No. 1 was revised and a
redlined handout was distributed to Council, made public, published on the City's website,
and included in the public record of this meeting.
Mayor Pro Tern Pena said he will recuse himself from discussion and vote on Business
Session Item No. 2 related to approval of agreement for contract services with Desert
Recreation District for management and operations of the Fritz Burns Pool due to a
potential conflict of interest stemming from the proximity of his real property to the project
location.
Councilmember Fitzpatrick said she would comment on Consent Calendar Item Nos. 5
and 6 related to slurry seal improvements at various locations citywide and pavement
rehabilitation of Dune Palms Road, from Miles Avenue to Fred Waring Drive.
Council concurred.
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION;
INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF
SUBDIVISION (d) OF SECTION 54956.9 (NUMBER OF POTENTIAL CASES: 1)
2. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT
CODE SECTION 54957.6; CITY DESIGNATED REPRESENTATIVE: CARLA
TRIPLETT, HUMAN RESOURCES MANAGER; AND EMPLOYEE
ORGANIZATION: LA QUINTA CITY EMPLOYEES' ASSOCIATION, AND
UNREPRESENTED EMPLOYEES
CITY COUNCIL MINUTES Page 1 of 9 MAY 21, 2024
9
COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND
MOVED INTO CLOSED SESSION A T 3:02 P.M.
MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY
COUNCIL MEETING AT 4:03 P.M. WITH ALL MEMBERS PRESENT
REPORT ON ACTION(S) TAKEN IN CLOSED SESSION:
The following was reported from Closed Session pursuant to Government Code section
54957.1 (Brown Act):
• CLOSED SESSION ITEM NO. 1 — Mayor Evans reported Council will reconvene
Closed Session to continue consideration of this after the Open Session portion of
the meeting; and
• CLOSED SESSION ITEM NO. 2 —City Attorney Ihrke reported Council concluded
consideration of this item, and no actions were taken on this item that require
reporting pursuant to the Brown Act.
PLEDGE OF ALLEGIANCE
Councilmember Sanchez led the audience in the Pledge of Allegiance.
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
City Clerk Radeva said WRITTEN PUBLIC COMMENTS were received from The La
Quinta Financial Advisory Commission recommending Council consider revised project
funding allocations utilizing Measure G revenues for the 5-year Capital Improvement
Program encompassing fiscal years 2024/25 through 2028/29, which were distributed to
Council, made public, published on the City's website, and included in the public record
of this meeting.
PUBLIC SPEAKER: Steve Moline, La Quinta — expressed concern regarding traffic
enforcement, particularly red-light runners, speeders, and illegal U-turns; and suggests
an increase in enforcement.
PUBLIC SPEAKER: Jaanai Benitez -Santiago, La Quinta — advocated for youth vaping
prevention; requested that La Quinta strictly enforce the ban; and suggested a City
license be required for tobacco retailers.
PUBLIC SPEAKER: Mia Galleher, La Quinta — a youth health advocate; opposed to youth
vaping and tobacco use; tobacco being sold to youth under 21-years of age; and
encouraged the City to institute a tobacco license.
PUBLIC SPEAKER: Janete Avila — a behavior technician; stated 30 tobacco retailers
operate in La Quinta, many near the La Quinta High School; and urged the Council to
institute a comprehensive local tobacco retail license.
CITY COUNCIL MINUTES Page 2 of 9 MAY 21, 2024
10
PUBLIC SPEAKER: Amber Grano — High School Medical Health Academy member;
concerned about the escalation in youth tobacco use; proposed a local tobacco retail
license to regulate sales.
PUBLIC SPEAKER: Lynne Langdon, La Quinta (received donated time from Harry
Langdon) — a real estate professional; complained that City does not reply to citizen's
letters; Code Enforcement doesn't know City Code; Permit Center and Planning Division
only give verbal approval, nothing in writing, and then Code Enforcement issues citations;
systematic problem exists; Council ignores resident requests for meetings; resident
complaints are ignored; and unfulfilled campaign promises, such as completion of the
Talus project.
PUBLIC SPEAKER: Alena Callimanis, La Quinta — commented on the Jefferson Street
and Avenue 52 round -about discussed as part of the 5-year Capital Improvement
Program Study Session during the April 2, 2024, meeting, and said the round -about
should not be increased to two lanes — it works well as is, and is safer than two lanes.
ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS
1. JOSHUA TREE NATIONAL PARK UPDATES — PRESENTATION BY
SUPERINTENDENT JANE RODGERS
Superintendent Rodgers, of Joshua Tree National Park (Park), provided an update on
Park operations, statistics, ecology, and climate threats.
Council discussed Joshua trees are on the State's endangered species list and the
resulting funds for research; Park entrance and camping fees and fee -free days;
Chuckwalla National Monument effort; collaboration with the Twenty -Nine Palms Band of
Mission Indians; Green Sticker Program; and Park areas permitting pets.
CONSENT CALENDAR
1. APPROVE COUNCIL SPECIAL MEETING MINUTES OF MAY 1, 2024
2. APPROVE MEETING MINUTES OF MAY 7, 2024
3. EXCUSE ABSENCES OF CHAIRPERSON DORSEY FROM THE MAY 8, 2024,
FINANCIAL ADVISORY COMMISSION MEETING AND COMMISSIONER
CALDWELL FROM THE MAY 28, 2024, PLANNING COMMISSION MEETING
4. ADOPT RESOLUTIONS (A) CALLING AND GIVING NOTICE OF THE HOLDING
OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 5, 2024,
AND (B) REQUESTING RIVERSIDE COUNTY CONSOLIDATE THE
NOVEMBER 5, 2024, MUNICIPAL ELECTION WITH THE STATEWIDE
GENERAL ELECTION [RESOLUTION NOS. 2024-017 AND 2024-018]
CITY COUNCIL MINUTES Page 3 of 9 MAY 21, 2024
11
5. AWARD CONTRACT TO AMERICAN ASPHALT SOUTH, INC. FOR THE
CITYWIDE SLURRY SEAL IMPROVEMENTS PROJECT NO. 2023-16,
LOCATED IN VARIOUS LOCATIONS
6. AWARD CONTRACT TO VANCE CORPORATION FOR THE DUNE PALMS
ROAD PAVEMENT REHABILITATION PROJECT NO. 2021-01, LOCATED ON
DUNE PALMS ROAD FROM MILES AVENUE TO FRED WARING DRIVE
7. APPROVE DEMAND REGISTERS DATED MAY 3 AND 10, 2024
CONSENT CALENDAR COMMENTS
Councilmember Fitzpatrick said the City continues to invest in roadways infrastructure
throughout the City and noted the agreements under Consent Calendar Item Nos. 5 and
6 approve projects related to slurry seal improvements at various locations citywide and
pavement rehabilitation of Dune Palms Road, from Miles Avenue to Fred Waring Drive;
approximately $18 million has been spent on paving the City.
MOTION — A motion was made and seconded by Councilmembers Fitzpatrick/McGarrey
to approve the Consent Calendar as presented, with Item No. 4 adopting Resolutions
Nos. 2024-017 and 2024-018. Motion passed unanimously.
STUDY SESSION
1. DISCUSS SPECIAL EVENT REGULATIONS IN RESIDENTIAL DISTRICTS PER
LA QUINTA MUNICIPAL CODE SECTION 9.60.170
Planning Manager Flores presented the staff report, which is on file in the Clerk's Office.
PUBLIC SPEAKER: Melissa Labayog, La Quinta — resident of Highland Palms community
which has been greatly impacted by special events held at the Dupont Estate; neighbors
have suffered greatly; she and other neighbors are selling at reduced prices due to
disclosed negative impact of residing near this event center; plans to run for Mayor if
unable to sell her house; and will submit her list of questions and comments on this
subject to the City.
Council discussed streamlining regulations and permits regarding tents; frequency that
Fire Department rejects, revises tent locations, use, etc.; suggested that Fire Marshall
hold an education session with vendors regarding tent regulations; fees for the 3 tiers of
Special Event Permits only cover staff time — no profit to the City; special events at short-
term vacation rental (STVR) properties; number of violations issued during special events;
County regulations for special events at STVRs; process, timeline, and evaluation for
Special Event Permits (SPEVs); elimination of the 3 tiers of SPEV types; adding an
additional fee for expedited approvals; applying violation strikes, fines, and bans on
multiple violators; 6 large lots in the City having STVR permits; STVR large -lot permits
versus SPEVs; distinguishing events requiring a SPEV versus family gatherings; limits on
special event hours and longevity; special events selling tickets to attend not a distinction;
CITY COUNCIL MINUTES Page 4 of 9 MAY 21, 2024
12
excess staff time being spent on SPEV issues; appeal processes for STVR violations;
number of STVR and SPEV appeals in past year; and desire for consistency of strikes,
fines, and appeals with STVRs and SPEVs.
PUBLIC SPEAKER: Melissa Labayog, La Quinta — asked what violations were issued for
the March 2024 event at the Dupont Estate; stated special events do not belong in
residential neighborhoods; supports raising fines, strikes, and suspensions; public
comment should not be only at the tier three level; supports requiring cameras at special
event properties with a direct feed to City; City should take a percentage of revenue
special events make, and neighbors should be compensated too.
Council reached a consensus and directed staff to eliminate tiers; add fees for expedited
approvals; revise strikes, fines, bans, and appeals to match those in the City's STVR
Code section; return to Council with redline of Code amendments prior to bringing code
changes to the Planning Commission for review.
MAYOR EVANS CALLED FOR A BRIEF RECESS AT 6:29 P.M.
MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 6:38 P.M. WITH
ALL MEMBERS PRESENT
2. DISCUSS FISCAL YEAR 2024/25 MARKETING AND ECONOMIC
DEVELOPMENT STRATEGIES
Marketing Manager Graham presented the staff report, which is on file in the Clerk's
Office.
Council discussed onsite means of identifying Shop Local participants; promotion of Shop
Local by the Chamber; educating staff of Shop Local merchants; enhance media
announcements of City events; direct flight marketing; marketing in cold climates; connect
with Joshua Tree National Park visitors via billboards, etc.; City swag merchandise at
local retailers and at SilverRock; explore promotions at area events; and design for new
shirts and delivery timing.
Council reached a consensus and directed staff to work on City swag sale outlets; and
explore promotion at Joshua Tree National Park entrances, the horse shows, and
Thermal racetrack.
3. DISCUSS FISCAL YEAR 2024/25 PRELIMINARY PROPOSED BUDGET
Finance Director Martinez presented the staff report, which is on file in the Clerk's Office.
Mayor Evans noted that the WRITTEN PUBLIC COMMENTS from the La Quinta
Financial Advisory Commission recommending revised project funding allocations
utilizing Measure G revenues for the 5-year Capital Improvement Program encompassing
CITY COUNCIL MINUTES Page 5 of 9 MAY 21, 2024
13
fiscal years 2024/25 through 2028/29, were received by Council, made public, published
on the City's website, and included in the public record of this meeting.
Council discussed additional services for street sweeping due to winds and sand, and
use of mulch to reduce blowing of sand; Financial Advisory Commission
recommendations, and the value of the Commissioners' advice; appreciation for the
Sheriff Department's well -managed funds from the City; the high cost of keeping La
Quinta beautiful and to provide the top services residents and visitors expect; PERS
liability paydown; and the extensive review process the budget goes through.
Council reached a consensus and directed staff to present a balanced budget at the next
meeting; and present revenue and expenditure details on the Lighting and Landscaping
District budget.
BUSINESS SESSION
1. APPROVE THE 2024 LEGISLATIVE POLICY GUIDE UPDATES
Director of Business Unit and Housing Development Villalpando presented the staff
report, which is on file in the Clerk's Office.
PRESENTER VIA TELECONFERENCE: Jason Gonsalves, City Lobbyist with Gonsalves
and Son — provided Council with a legislative update.
Council discussed Assembly Bill (AB) 86 regarding homelessness, and the accounting of
funds State spent on homelessness; need for State to streamline the process of building
affordable housing; need for State to focus on strengthening the economy to allow more
people to buy homes; the status of Senate Bill 584; need for longer retention of automated
license plate reader data; change in jaywalking laws; November initiative to rollback
portions of Prop 47 and 57, and AB 109; and State minimum hour wage setting powers.
Council reached a consensus and directed staff to make the following changes to the
revised 2024 Legislative Policy Guide distributed as a hand-out, as noted during
Confirmation of Agenda:
• Under "I. Enhance Local Authority" — add "preserving and retaining local authority"
• Under "III. Foster Economic Development" — add "foster and promote economic
development tools"
• Under W. Support Public Safety" — revise "The City of La Quinta StreRgly Supports
mopes nnmmi Rity safety a prierit y ... prioritizes public safety by providing ..."
• Under "VI. Encourage Preservation of the Environment" — incorporate "stewardship"
and "sustainability"where applicable in addition to preservation; add preservation of
hillsides "... including hillsides and the Salton Sea"
• Under "Economic Development" — remove bullet no. 3 regarding redevelopment
• Under "Finance" — replace "relies on" with "uses contract services" under bullet no. 1 • Under "Housing" — replace "affordable housing" with "workforce housing," "adults"
with "residents," and add "mental health"
CITY COUNCIL MINUTES Page 6 of 9 MAY 21, 2024
14
• Under "Environment" — add "the preservation and safeguarding of our environment"
under bullet no. 1; add "stewardship" and "sustainability' where applicable; add
"energy'
• Under "Transportation and Infrastructure" — add "supports clean energy alternatives
that are reliable, affordable and adequately funded" under bullet no. 2
• Under "Public Safety" — add "The City of La Quinta supports ongoing education and
preparedness for natural disasters" under bullet no. 1; add bullet no. 4 "The City
advocates providing law enforcement with the resources to prevent crime and
provide public safety"
• Under "Tourism" — replace "The City of La Quinta is strongly engaged supperts in
attracting tourism;" and add "oppose legislation that would compromise tourism
programs which would negatively affect City revenue."
MOTION — A motion was made and seconded by Councilmembers Pena/McGarrey to
revise the 2024 Legislative Policy Guide per Council's comments noted above and bring
it back for Council's consideration at a future meeting. Motion passed unanimously.
2. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH DESERT
RECREATION DISTRICT (DRD) FOR MANAGEMENT AND OPERATIONS OF
THE FRITZ BURNS POOL
MAYOR PRO TEM PENA RECUSED HIMSELF FROM DISCUSSION AND VOTE
ON BUSINESS SESSION ITEM NO. 2 DUE TO A POTENTIAL CONFLICT OF
INTEREST STEMMING FROM THE PROXIMITY OF HIS REAL PROPERTY
INTEREST TO THE PROJECT LOCATION, AND LEFT THE DAIS AT 8:40 P.M.
Management Analyst Calderon presented the staff report, which is on file in the Clerk's
Office.
Council discussed feedback from users regarding a reduction in services in October,
November, and December; increasing use, and attendance during winter months;
promoting use of the pool for Ironman participants, scuba diving certifications, and private
rentals; alternative ways to heat the pool; maintaining rates until attendance can be
increased; researching basis for DRD fees; possibility of relocating the pool for greater
accessibility; and possibility of deeding the pool to DRD.
MOTION — A motion was made and seconded by Councilmembers Fitzpatrick/Sanchez
to approve Agreement for Contract Services with Desert Recreation District for
management and operations of the Fritz Burns Pool, at 12 months full operations as
presented under Option 1 in the staff report; and authorize the City Manager to execute
the agreement as presented. Motion passed: ayes — 4, noes — 0, abstain — 0, absent — 1
(Pena).
MAYOR PRO TEM PENA RETURNED TO THE DAIS AT 8:58 P.M. FOR THE
REMAINDER OF THE MEETING
CITY COUNCIL MINUTES Page 7 of 9 MAY 21, 2024
15
PUBLIC HEARINGS — None
DEPARTMENTAL REPORTS — All reports are on file in the City Clerk's Office.
MAYOR'S AND COUNCIL MEMBERS' ITEMS
Councilmember Fitzpatrick reported on her attendance at the ribbon cutting at the Palm
Springs Air Museum.
Mayor Evans reported on her presentation of a City certificate to Eagle Scout Xavier
Campos of Scout Troop 1701.
Councilmember Sanchez reported on his attendance at the joint Chamber mixer; the
Women Who Rule leadership luncheon; and California LAFCO Southern Region where
he was appointed Vice Chair.
Councilmember McGarrey reported her attendance at a local Boy Scout event.
Council sent its sympathies to the Ramos family, and the families of the victims of the
tragic accident on Highway 111.
REPORTS AND INFORMATIONAL ITEMS
La Quinta's representative for 2024, Mayor Evans reported on her participation in the
following organizations' meetings:
• CVAG COACHELLA VALLEY CONSERVATION COMMISSION
• CVAG ENERGY AND SUSTAINABILITY COMMITTEE
La Quinta's representative for 2024, Councilmember Fitzpatrick reported on her
participation in the following organizations' meetings:
• RIVERSIDE COUNTY TRANSPORTATION COMMISSION
• CVAG HOMELESSNESS COMMITTEE
La Quinta's representative for 2024, Councilmember McGarrey reported on her
participation in the following organizations' meetings:
• COACHELLA VALLEY MOUNTAINS CONSERVANCY
• IID ENERGY CONSUMERS' ADVISORY COMMITTEE
• LEAGUE OF CALIFORNIA CITIES
La Quinta's representative for 2024, Mayor Pro Tern Pena reported on his participation in
the following organizations' meetings:
• CV MOSQUITO AND VECTOR CONTROL DISTRICT BOARD OF TRUSTEES
• CVAG PUBLIC SAFETY COMMITTEE
• CALIFORNIA JOINT POWERS INSURANCE AUTHORITY
CITY COUNCIL MINUTES Page 8 of 9 MAY 21, 2024
16
La Quinta's representative for 2024, Councilmember Sanchez reported on his
participation in the following organizations' meetings:
• ANIMAL CAMPUS COMMISSION
• CALIFORNIA JOINT POWERS INSURANCE AUTHORITY
Council repeated their concerns on League of California Cities position on policies; and
directed staff to place an item for Council consideration at a future meeting to discuss the
value of membership and return on investment; and, requested information on the
Contract Cities organization.
CLOSED SESSION — Continued
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION;
INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF
SUBDIVISION (d) OF SECTION 54956.9 (NUMBER OF POTENTIAL CASES: 1)
COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND
MOVED INTO CLOSED SESSION AT 9:22 P.M.
MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY
COUNCIL MEETING AT 10:10 P.M. WITH ALL MEMBERS PRESENT
REPORT ON ACTION(S) TAKEN IN CLOSED SESSION:
City Attorney Ihrke reported the following pursuant to Government Code section 54957.1
(Brown Act):
CLOSED SESSION ITEM NO. 1 — no new reportable action on this matter. The
authorization to initiate litigation as reported out for Closed Session Item No. 1 from
the February 20, 2024 Council meeting, remains in place, and no new action was
taken tonight for Closed Session Item No. 1 that requires additional reporting.
ADJOURNMENT
There being no further business, a motion was made and seconded by Councilmembers
Pena/Sanchez to adjourn at 10:11 p.m. Motion passed unanimously.
Respectfully submitted,
MONIKA RADEVA, City Clerk
City of La Quinta, California
CITY COUNCIL MINUTES Page 9 of 9 MAY 21, 2024
17
18
CONSENT CALENDAR ITEM NO. 2
City of La Quinta
CITY COUNCIL MEETING: .tune 18, 2024
STAFF REPORT
AGENDA TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR MARKETING MANAGER TO
ATTEND CALIFORNIA TRAVEL ASSOCIATION SUMMIT 2024 IN OCEANSIDE
CALIFORNIA, SEPTEMBER 8-12, 2024
RECOMMENDATION
Authorize overnight travel for Marketing Manager to attend the California Travel Association
Summit 2024 in Oceanside, California, September 8-12, 2024.
EXECUTIVE SUMMARY
• California Travel Association is the influential, unified voice that advocates for
California's travel and tourism industry.
FISCAL IMPAC i
Estimated cost will be $3,200 which includes registration, travel, lodging, transportation,
and meals. Funds are available in the 2024/25 Marketing Department's Travel and Training
budget (Account No. 101-3007-60320).
BACKGROUND/ANALYSIS
California Travel Association is California's primary source for tourism industry news,
intelligence, advocacy, and insight. It is a provider of high -quality, unique educational and
networking opportunities through the CalTravel Summit, board meetings and PAC fund-
raising events.
ALTERNATIVES
Council may elect not to authorize this request; however, since this training allows staff to
stay current with communication techniques associated with marketing and branding, this
alternative is not recommended.
Prepared by: Marcie Graham, Marketing Manager
Approved by: Gilbert Villalpando, Director of Business Unit & Housing Development
19
20
CONSENT CALENDAR ITEM NO. 3
City of La Quinta
CITY COUNCIL MEETING: ,tune 18, 2024
STAFF REPORT
AGENDA TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR MAYOR, FOUR
COUNCILMEMBERS, CITY MANAGER, AND ONE DIRECTOR TO ATTEND THE
LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE IN LONG BEACH,
CALIFORNIA, OCTOBER 16-18, 2024
RECOMMENDATION
Authorize overnight travel for the Mayor, four Councilmembers, the City Manager, and one
Director to attend the League of California Cities Annual Conference in Long Beach,
California, October 16-18, 2024.
EXECUTIVE SUMMARY
• The League of California Cities (League) is an association of California cities that
collaborates to exchange information and combine resources to influence state
legislation.
• The League's Annual Conference (Conference) provides attendees the opportunity
to participate in education sessions, discussion forums and networking.
• This item has been scheduled this far in advance so that attendees may obtain
advance bookings at reduced rates.
FISCAL IMPACT
Estimated expenses are $1,550 per attendee; this cost includes conference registration,
travel, lodging and meals. Funds are included in the travel and training departments'
budgets; City Council (101-1002-60320), City Manager (101-1002-60320), and Economic
Development (247-000-60320).
BACKGROUND/ANALYSIS
The Conference provides an opportunity for local leaders to learn from leading experts as
well as from their peers. Education sessions and forums will include topics such as
economic development, housing, public safety, communication, and technology.
Further, the League's Annual Business Meeting, held during the General Assembly, acts on
resolutions that establish League policy; Mayor Evans is the City's voting delegate.
Additionally, the Regional Riverside Division holds a meeting during this time.
21
Staff is requesting Council consideration this far in advance as the League has already
opened registration for the October 2024 Conference, and if members register now, they
qualify for reduced registration and lodging rates.
ALTERNATIVES
Council may elect to reduce the number of attendees or not have anyone attend.
Prepared by: Jennifer Nelson, Management Specialist
Approved by: Jon McMillen, City Manager
22
City of La Quinta CONSENT CALENDAR ITEM NO. 4
CITY COUNCIL MEETING: June 18, 2024
STAFF REPORT
AGENDA TITLE: EXCUSE ABSENCE OF COMMISSIONER GUERRERO FROM THE
JUNE 11, 2024, PLANNING COMMISSION MEETING
RECOMMENDATION
Excuse absence of Commissioner Elisa Guerrero from the June 11, 2024, Planning
Commission meeting.
EXECUTIVE SUMMARY
• Commissioner Guerrero requested to be excused from the June 11, 2024,
Planning Commission meeting due to previously scheduled travel.
• Commissioner Guerrero has no excused or unexcused absences for fiscal year
2023/24.
FISCAL IMPACT
Absent members do not receive any meeting compensation.
BACKGROUND/ANALYSIS
Section 2.06.090 of the La Quinta Municipal Code states: "If any member of a board,
commission or committee absents him or herself from two consecutive regular meetings,
or absents him or herself from a total of three regular meetings within any fiscal year,
his/her office shall become vacant and shall be filled as any other vacancy. A board,
commission or committee member may request advance permission from the city council
to be absent at one or more regular meetings due to extenuating circumstances, and/or
may request the city council to excuse an absence after -the -fact where such extenuating
circumstances prevented the member from seeking advance permission to be absent. If
such permission or excuse is granted by the city council, the absence shall not be counted
toward the above -stated limitations on absences."
ALTERNATIVES
Council may deny this request, which would result in the absence being counted toward
the Commissioner's limitation on absences as noted above.
Prepared by: Laurie McGinley, Deputy City Clerk
Approved by: Monika Radeva, City Clerk
23
24
CONSENT CALENDAR ITEM NO. 5
City of La Quinta
CITY COUNCIL MEETING: June 18, 2024
STAFF REPORT
AGENDA TITLE: ADOPT RESOLUTION APPROVING FISCAL YEAR 2024/25
INVESTMENT POLICY
RECOMMENDATION
Adopt a resolution approving fiscal year 2024/25 Investment Policy.
EXECUTIVE SUMMARY
• The California Government Code requires the City Treasurer to submit an annual
statement of investment policy, and City Code requires the policy be adopted by
the end of June each year.
• As part of their work plan, and as stated in Section XVIII of the City's Investment
Policy (the Policy), the Financial Advisory Commission (FAC) reviews the Policy
annually.
• The FAC reviewed and approved the draft Policy for FY 2024/25 on June 5, 2024.
FISCAL IMPACT - None.
BACKGROUND
The City has been awarded the Investment Policy Certificate of Excellence from the
Association of Public Treasurers of the United States and Canada (APT US&C), and the
policy has been certified by the California Municipal Treasurers Association (CMTA). With
these recognitions the City believes the policy is sound and generally not in need of major
revisions. In addition, there were no new regulatory changes in FY 2023/24 that affected
the City's policy and would need to be noted. Therefore, staff recommends only
operational changes to the current policy that still remain within the legal bounds of
California government code, protect the safety and liquidity of the portfolio, and allow staff
to maximize yield when prudent. The following edits, along with punctuation or format
changes and updates to the dates, are identified as red -lined in Exhibit A to the proposed
Resolution:
• Section V Maximum Maturities: Added the ability to go up to 30 days past the 5-
year maximum in order to allow for purchases of certain investments that have
maturity dates more than 5 years beyond the settlement date. For example, if a 5-
year Certificate of Deposit published in May 2024 with a maturity date of May 26,
2029, and settlement of May 24, 2024, technically the City would not currently be
able to buy it as this is a 5-year plus 2-day timeframe.
25
• Section X Permissible Deposits and Investments: Staff is recommending that the
annual limit for Government Agency Securities be raised from $20 million to $30
million per issuer. In order to allow for diversification, and to be able to purchase
securities that offer the best yield for the City at any particular moment in time, the
City needs additional purchasing power in these agency bonds. The City's portfolio
has grown from approximately $163 million in 2019 to $222 million in 2024, and
currently is at max in 2 of the 4 allowed agencies. This hinders staff's ability to
select the best investment offered. There is no limit on this investment class in the
California Government Code §53601(f). Additionally, the percentage limit for
professionally managed accounts was removed.
• Section XI: Investment Pools: Listed additional examples of Joint Powers
Authorities Pools.
• Edit to Appendix D-Approved Financial Institutions: Bank of the West was acquired
by BMO and transition to the new name was completed in the Fall of 2023; BMO
Commercial Bank was added to the list for 2023/24, and now Bank of the West is
being removed. In addition, during 2023/24 the City transitioned its investment
holdings from BNY Mellon to US Bank Trust Company, which was already an
approved custodial bank for the City. BNY Mellon is being removed from the list.
• Edit Appendix C-Segregation of Major Investment Responsibilities: Aligned a job
title to match City Authorized Positions list — changed Accounting Manager to
Finance Manager.
ALTERNATIVES
The policy has been recognized by APT US&C and CMTA as being comprehensive as
written, and therefore no alternatives are recommended at this time.
Prepared by: Rosemary Hallick, Principal Management Analyst
Approved by: Claudia Martinez, Finance Director
RESOLUTION NO. 2024 — XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA, APPROVING
AND ADOPTING FISCAL YEAR 2024/2025
INVESTMENT POLICY
WHEREAS, the general purpose of the Investment Policy is to provide the rules
and standards users must follow in investing funds of the City of La Quinta; and
WHEREAS, the primary objectives, in order of priority, of the City of La Quinta's
investment activity shall be:
Safety of principal is the foremost objective of the investment program.
Investments of the City of La Quinta shall be undertaken in a manner that seeks
to ensure the preservation of capital in the overall portfolio.
The investment portfolio shall remain sufficiently li uid to meet all operating
requirements that may be reasonably anticipated.
The investment portfolio shall be designed with the objective of attaining a market
rate of return or iy eld throughout budgetary and economic cycles, taking into
account the investment risk constraints and liquidity needs; and
WHEREAS, authority to manage the City of La Quinta's investment portfolio is
derived from the City's municipal code, management responsibility for the investment
program is delegated to the City Treasurer, who shall establish and implement written
procedures for the operation of the City's investment program consistent with the
Investment Policy for each Fiscal Year; and
WHEREAS, the Investment Policy will be adopted before the end of June of each
year and amended as considered necessary.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La
Quinta as follows:
SECTION 1. This Resolution supersedes all prior Investment Policy resolutions
adopted by the City Council.
SECTION 2. The City Council hereby adopts the Fiscal Year 2024/2025
Investment Policy attached hereto as "Exhibit A" and incorporated herewith by this
reference.
SECTION 3. Severability — if any provisions of this Resolution or the application
thereof to any person or circumstance is held invalid, such invalidity shall not affect other
27
Resolution No. 2024-XXX
Investment Policy for Fiscal Year 2024/2025
Adopted: June 18, 2024
Page 2 of 2
provisions or applications of this Resolution which can be given effect without the invalid
provision or application, and to this end the provisions of this Resolution are severable.
The City Council hereby declares that it would have adopted this Resolution irrespective
of the invalidity of any particular portion thereof.
SECTION 4. This Resolution shall become effective upon adoption. The
Investment Policy adopted by this Resolution shall go into effect July 1, 2024.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City
Council, held on this 18th day of June, 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
28
RESOLUTION NO. 2024-XXX
EXHIBIT A
-
CITY OF
LA QU I NTA
INVESTMENT POLICY
Fiscal Year 2023-2024
2024/2025 Table of
Contents
Section Topic
Page
Executive Summary
1
I
General Purpose
2
II
Investment Policy
2
III
Scope
2
IV
Objectives
3
V
Maximum Maturities
5
VI
Prudence
5
VII
Authority
5
VIII
Ethics and Conflicts of Interest
6
IX
Authorized Financial Dealers and Institutions
6
X
Permissible Deposits and Investments
7
XI
Investment Pools
10
XII
Payment and Custody
10
XIII
Interest Earning Distribution Policy
11
XIV
Internal Controls and Independent Auditors
11
XV
Reporting Standards
12
XVI
Review of Investment Portfolio
13
XVII
Financial Advisory Commission — City of La Quinta
13
XIII
Investment Policy Adoption
13
Appendices Top i c
Page
A
Municipal Code Ordinance 2.70 — Financial Advisory Commission
14
B
Municipal Code Ordinance 3.08 — Investment of Moneys and Funds
16
C
Segregation of Major Investment Responsibilities
18
D
Listing of Approved Financial Institutions
19
E
Investment Management Process and Risk
20
F
Glossary
22
30
CITY OF LA QUINTA
Investment Policy Fiscal
Year 2023/2024 2024/2025
EXECUTIVE SUMMARY
The general purpose of this Investment Policy is to provide the rules and standards that must be
followed in administering the City of La Quinta's (the "City") deposits and investments.
The City's Investment Policy conforms to all state and local statutes and applies to all deposits
and investments of the City, with the exception of bond proceeds and those noted in section III
herein.
It is the City's policy to deposit and invest public funds in a manner that shall provide safety of
principal, liquidity to meet the City's obligations and requirements that may be reasonably
anticipated, and a risk -based market rate of return.
Authority to manage the City's investment portfolio is derived from the City Municipal Code.
Management responsibility for the investment program is delegated to the City Treasurer, who
shall establish and implement written procedures for the operation of the City's investment
program consistent with the Investment Policy.
The City Manager, City Treasurer, and City employees involved in the City's banking and
investment process shall conduct the City's business in an ethical manner and refrain from any
activity or relationship that may be, or have the appearance of, a conflict of interest.
The Investment Policy shall be adopted by resolution of the La Quinta City Council on an annual
basis, before the end of each fiscal year (June).
Page 1 of 27
31
City of La Quinta
Statement of Investment Policy July 1, 2023 4 through June 30, 2024 5 Adopted by the
City Council on June 20, 2023 18, 2024
I. GENERAL PURPOSE
The general purpose of this document is to provide the rules and standards that must be followed
in administering the City of La Quinta's deposits and investments.
II. INVESTMENT POLICY
It is the policy of the City of La Quinta to deposit and invest public funds in a manner that shall
conform to all State and local statutes governing the investment of public funds and set forth the
permissible deposits and investments of the City's funds and the limitations thereon.
III. SCOPE
Except noted below, this Investment Policy applies to all deposits and investments of the City of
La Quinta, the Successor Agency to the City of La Quinta Redevelopment Agency, and the City
of La Quinta Financing and Housing Authorities. These funds are reported in the City's Annual
Comprehensive Financial Report (ACFR) and include all funds within the following fund types:
➢ General
➢ Special Revenue
➢ Capital Projects
➢ Debt Service
➢ Enterprise
➢ Internal Service
➢ Trust and Agency
➢ Any new fund types and fund(s) that may be created.
Financial assets and investment activity not subject to this policy
The City's Investment Policy does not apply to the following:
➢ Cash and Investments raised from Conduit Debt Financing;
➢ Funds held in trust in the City's name in pension or other post -retirement benefit
programs;
➢ Cash and Investments held in lieu of retention by banks or other financial institutions for
construction projects;
➢ Short or long-term loans made to other entities by the City or Agency;
➢ Short term (Due to/from) or long term (Advances from/to) obligations made either
between the City and its funds or between the City and Agency; and
➢ Investment of bond proceeds. The City's Investment Policy shall not govern bond
proceeds and bond reserve fund investments. California Code Section
Page 2 of 27
32
5922(d) governs the investment of bond proceeds and reserve funds in accordance with
bond indenture provisions.
Arbitrage Requirement - The US Tax Reform Act of 1986 requires the City to perform
arbitrage calculations and return excess earnings to the US Treasury from investments of
proceeds of bond issues sold after the effective date of this law. These arbitrage calculations
may be contracted with an outside source to provide the necessary technical assistance to
comply with this regulation. Investable funds subject to the 1986 Tax Reform Act will be kept
segregated from other funds and records will be kept in a fashion to facilitate the
calculations.
The City's investment position relative to the arbitrage restrictions is to continue pursuing the
maximum yield on applicable investments while ensuring the safety of capital and liquidity,
and to rebate excess earnings, if necessary.
M OBJECTIVES
The objectives of the City's investment activity, in order of priority and importance, are:
A. Safety of Principal
Safety of principal is the foremost objective of the City's investment program. Investments shall
be undertaken in a manner that seeks to ensure the preservation of principal of the overall
portfolio in accordance with the permissible deposits and investments.
The City shall endeavor to preserve its investment principal by making only permissible deposits
and investments, undertaken in a controlled manner to minimize the possibility of loss or
misappropriation through malfeasance or otherwise. Investments not backed by the full faith and
credit of the United States Government shall be diversified by allocating assets between
different types of permissible investments, maturities, and issuers as a means to mitigate credit
risk and interest rate risk. Investment in any single security type or single financial institution shall
be limited to the maximum percentages and/or dollar amounts as noted in Section X.
1. Credit Risk is the risk of loss from the failure of the security issuer or backer. Credit risk
may be mitigated by:
• Limiting investments to investment grade securities as permitted in Section X;
and
• Diversification- reducing concentration risk by limiting the totalamount invested in
individual issuers of securities in the investment portfolio so that potential losses
due to issuer failure or securities downgrades may be minimized.
2. Interest Rate Risk is the risk that market values of securities in the portfolio will decline
due to changes in general interest rates. Interest rate risk may be mitigated by:
Page 3 of 27
33
• Structuring the investment portfolio so that securities mature to meet cash
requirements for ongoing operations, thereby avoiding the need to sell securities
on the open market prior to maturity; and
• Investing operating funds primarily in shorter -term securities.
3. Liquidity Risk is the risk that a security cannot be liquidated because of its unique
features or structure or because it is thinly traded. Liquidity risk is not a material issue for
the City's portfolio because of the permissible deposits and investments (see Section X). A
discussion of the City's investment process and risk is presented in Appendix E.
B. Provide Liquidity
The investment portfolio shall remain sufficiently liquid to meet all of the City's cash needs that
may be reasonably anticipated. This is accomplished by structuring the portfolio so that
sufficient liquid funds are available to meet anticipated demands. Furthermore, since all
possible cash needs cannot be anticipated the portfolio should be diversified and consist of
securities with active secondary or resale markets.
The City's policy is to generally hold securities and other investments to maturity. However,
securities may be sold prior to maturity under certain circumstances as follows:
• A security with declining credit quality can be sold early to minimize loss of principal.
• Unanticipated liquidity needs of the portfolio require that one or more securities be sold.
• When a sale/repurchase is fiscally advantageous based on market conditions and fits
the needs of the portfolio
C. Yield a Risk -Based Market Rate of Return
The City's investment portfolio shall be structured with the objective of yielding a risk -based
market rate of return throughout budgetary and economic cycles. Return on investment is less
important than the safety and liquidity objectives described above.
The City's Investment Policy does not specify a single benchmark as a goal ortarget yield for a
rate of return on its investment portfolio. The portfolio's rates of return will be influenced by
several factors, including actions by the Federal Reserve Board, the marketplace, and overall
economic perceptions and conditions.
Performance Standards: As a basis for comparison only, the Treasurer's quarterly reports will
display the rates of return on the three-month Bill, six-month Bill, the one and two-year U.S.
Treasury Note, and the yield for the State Treasurer's Local Agency Investment Fund (LAIF).
The Treasurer may use these or any other published rates of return that the Treasurer deems
appropriate for comparison to the return on the City's investment portfolio.
Page 4 of 27
34
The investment portfolio shall be designed with the objective of obtaining a market rate of return
throughout budgetary and economic cycles, commensurate with the investment risk constraints
and the cash flow needs.
V. MAXIMUM MATURITIES
It is the City's policy to generally hold securities and other investments until maturity. This buy -and -
hold policy shall not prevent the sale of a security as listed in section IV.B
The general buy -and -hold strategy requires that the City's investment portfolio be structured so
that sufficient liquid funds are available from maturing investments and other sources to meet all
reasonably anticipated cash needs.
The City shall follow Title 5 of the California Government Code §53601 (the "State Code")
regarding maximum maturities, in that "no investment shall be made in any security... that at the
time of the investment has a term remaining to maturity in excess of five years, unless the
legislative body has granted express authority to make that investment either specifically or as
part of an investment program approved by the legislative body no less that three months prior
to the investments". In order to accommodate the occasional occurence of settlement dates
slightly exceeding five (5) years to final maturity, the City may invest in any security that has a
maturity of five (5) years plus up to thirty (30) days from settlement date.
VI. PRUDENCE and FIDUCIARY DUTY
The City shall follow the State Code §53600.3 regarding fiduciary duty and the Prudent
Investor Standard as follows:
Except as provided in subdivision (a) of §27000.3, all governing bodies of local agencies
or persons authorized to make investment decisions on behalf of those local agencies
investing public funds pursuant to this chapter are trustees and therefore fiduciaries subject to
the prudent investor standard. When investing, reinvesting, purchasing, acquiring,
exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence,
and diligence under the circumstances then prevailing, including, but not limited to, the general
economic conditions and the anticipated needs of the agency, that a prudent person
acting in a like capacity and familiarity with those matters would use in the conduct of funds
of a like character and with like aims, to safeguard the principal and maintain the liquidity
needs of the agency. Within the limitations of this section and considering individual
investments as part of an overall strategy, investments may be acquired as authorized by law.
VII. AUTHORITY
Authority to manage the City's investment portfolio is derived from Chapter 3.08 of the City's
Municipal Code. Management responsibility for the investment program is delegated to the
City Treasurer for a period of one year pursuant to the City Council's annual adoption of
the Investment Policy.
The City Treasurer shall establish written procedures for the operation of the
investment program consistent with the Investment Policy. Procedures should include
reference to safekeeping, wire transfer agreements, banking service contracts, and
collateral/depository agreements. Such procedures shall include explicit delegation of
authority to persons responsible for investment transactions. No person may
Page 5 of 27
35
engage in an investment transaction except as provided under the terms of this Investment
Policy (see Appendix C) and the procedures established by the City Treasurer. The City
Treasurer shall be responsible for all transactions undertaken and shall establish a system
of controls to regulate the activities of subordinate officials.
VIII. ETHICS AND CONFLICTS OF INTEREST
The City Manager, City Treasurer, and City employees involved in the City's banking and
investment process shall conduct the City's business in an ethical manner and refrain from any
activity or relationship that may be, or have the appearance of, a conflict of interest. The City will
maintain compliance with the procedures set forth in the Conflicts of Interest and Acceptance of
Gifts and other Gratuities section of the City of La Quinta Personnel Manual and the City's
Municipal Code Chapter 2.60 Conflicts of Interest. Any questionable activity or relationship shall
be reported immediately; reporting must be made in accordance with the personnel policies of
the City and, until resolved, the officer or employee shall refrain from participating in the City's
business related to the matter.
The City Manager, City Treasurer, and City employees may conduct personal business with
banks, brokers, and other financial institutions that are authorized to conduct business with
the City provided that the terms of the activity to the account holder with the City are the
same as those that are available to the public in general, or to all employees as a result
of contract negotiations.
IX. AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS
The City Treasurer maintains a listing of financial institutions which are approved for direct
investment purposes, as well as a list of approved broker/dealers.
1. Broker/Dealers who desire to become bidders for offer direct investment
transactions must supply the City with the following:
• Current audited financial statements;
• Proof of Financial Industry Regulatory Authority (FINRA) Certification;
• Proof of State of California registration;
• Resume of financial broker; and
• Completion of the City of La Quinta Broker/Dealer Questionnaire, which contains
a certification of having read the City's Investment Policy.
The City Treasurer or designee shall evaluate the documentation submitted by the
broker/dealer and independently verify existing reports on file for any firm and/or
individual(s) conducting investment related business.
The City Treasurer or designee may also contact the following agencies during the
verification process:
• Financial Industry Regulatory Authority (FINRA) Public Disclosure Report File (1-
800-289-9999).
Page 6 of 27
36
• State of California Department of Financial Protection and Innovation (1- 866-275-
2677).
A professional investment manager or management firm, if engaged by the City
pursuant to Section X of this policy, may utilize their own list ofapproved broker/dealers
on the condition that any such list is provided to the City upon request.
All Broker/Dealers and financial institutions that provide investment services will be
subject to City Council approval.
An annual review of the financial condition and registrations of approved broker/dealers
will be conducted by the City Treasurer or designee. Current audited financial
statements and/or System and Organizational Controls (SOC-1 and/or SOC-2)
internal control reports may be maintained on file for each financial institution and
broker/dealer with which the City conducts business. Each mutual fund shall
provide a prospectus and statement of additional information.
2. Financial Institutions will be required to meet the following criteria in order to receive
City funds for deposit or investment (see Appendix D, "Listing of Approved Financial
Institutions"):
• Insurance - Public Funds shall be deposited only in financial institutions having
accounts insured by the Federal Deposit Insurance Corporation (FDIC) or the
National Credit Union Share Insurance Fund (NCUSIF).
• Disclosure - Each financial institution maintaining invested funds in excess of the
FDIC insured amount shall furnish the City a copy of the most recent Call Report
(Consolidated Reports of Condition and Income) if requested. These reports can
also be found at: https://cdr.ffiec.gov/public/ManageFacsimiles.aspx
The City shall not invest or deposit in excess of the FDIC insured amount in banking
institutions which do not disclose to the city a current listing of securities pledged for
collateral ization in public monies.
2L PERMISSIBLE DEPOSITS AND INVESTMENTS
It is the City's policy to follow Title 5 of the California Government Code (the "State Code") in
regard to allowable securities, and to be sufficiently diversified with regard to security type
and issuer. Permissible deposits and investments, as allowed by Chapter 4, Part 1, Division
2, Title 5 (hereinafter cited by §), include, but are not limited to, the following list. The State
Code can be directly referenced at https:Hleginfo.legislature.ca.gov/
Page 7 of 27
37
Checking. Savings. and Sweep Accounts - The City will only maintain checking and savings
accounts with state or national banks, savings associations, federal associations, and/or
credit unions in accordance with §53635.2.
• Collateralization: The amount of the City's deposits or investments not insured by the
FDIC shall be collateralized by securities in accordance with §53652. The Treasurer
may invest in an interest -bearing active deposit account as approved in §53632.
The deposit account must be collateralized with securities that are in accordance with
§53632.5. In addition, the market value of the collateralized securities must be
maintained in accordance with §53652 and be held by a custodian in accordance with
the requirements of §53656. The proportion of the City's share of the deposit account
shall be determined in accordance with §53658.
Certificates of Deposit (Negotiable and Non-negotiable) — As authorized in
§53601(i), the City may invest in Non -Negotiable and Negotiable Certificates of Deposits
(CD) up to 30% of the overall portfolio. In no instance shall a CD or combined CDs with a
single issuer exceed the FDIC or NCUSIF insurance limit of $250,000.
U.S. Treasury Bills, Notes, and Bonds — As authorized in §53601(b), the City may invest in
U.S. Treasury bills, notes, and bonds directly issued and backed by the full faith and credit of
the U.S. Government. The City's Investment Policy provides for investments in U.S.
Treasury issues of 100% of the portfolio.
U.S. Government Agency Securities and Federal Government Securities — As
authorized in §53601(f), the City may invest in securities issued by U.S. Government
instrumentalities and agencies (commonly referred to as government sponsored enterprises or
LSE's). These securities may not be backed by the full faith and credit of the U.S.
Government (with the exception of Government National Mortgage Association (GNMA)
securities). Examples of GSE's include Federal National Mortgage Association (FNMA),
Federal Home Loan Mortgage Corporation (FHLMC), Federal Home Loan Bank (FHLB),
Federal Farm Credit Banks Funding Corporation (FFCB), Federal Agricultural Mortgage
Corporation (FAMC), Tennessee Valley Authority (TVA), and GNMA securities.
The City's Investment Policy allows investment only in securities of GNMA, FNMA, FHLMC,
FHLB, and FFCB. For Fiscal Year 2022-23 2024/25, the maximum face amount per issuer
is $20 30 million and the maximum face amount per purchase is $10 million.
Prime Commercial Paper — As authorized in §53601(h), a portion of the City's portfolio may
be invested in commercial paper of the highest rating as provided for by a nationally
recognized statistical rating organization (NRSRO) such as Moody's, Fitch, or Standard &
Poor's (S&P). There are a number of other qualifications regarding investments in
commercial paper based on the financial strength and size of the corporation and the size of
the investment. The City limits on prime commercial paper are as defined in the State Code.
Page 8 of 27
38
Local Agency Investment Fund (LAIF) —As authorized in §16429.1 and by LAIF policies,
local government agencies are each authorized to invest up to the deposit limit as
designated by the California State Treasurer. The City Treasurer may not invest more than
the maximum amount per account as allowed byLAIF.
Money Market Mutual Funds — As authorized in §53601(1), local agencies are authorized to
invest in shares of beneficial interest issued by diversified management companies (mutual
funds) in an amount not to exceed 20% of the agency's portfolio. There are a number of
other qualifications and restrictions regarding allowable investments in corporate notes and
shares of beneficial interest issued by mutual funds which include (1) attaining the highest
ranking or the highest letter and numerical rating provided by not less than two of thethree
largest nationally recognized rating services, or (2) having an investment advisor registered
with the Securities and Exchange Commission with not less than five years' experience
investing in the securities and obligations and with assets under management in excess of
five hundred million dollars ($500,000,000).
Corporate Notes — As authorized in §53601(k), local agencies may invest in corporate
notes. The notes must be issued by corporations organized and operating in the United
States or by depository institutions licensed by the United States or any other state and
operating in the United States. The City's Investment Policy allows investment in corporate
notes authorized by the Government Code with the following limitations:
• Maximum 30% of the portfolio;
• Maturities shall not exceed five years from date of purchase;
• Eligible notes shall be regularly quoted and traded in the marketplace;
• Eligible notes shall be in a rating category of "AX or better by an NRSRO;
• The maximum aggregate investment in each issuer shall not exceed $5 million (PAR
value), or no more than 10% of the total investment assets in the commercial paper and
the medium -term notes of any single issuer.
Professionally Managed Account(s) — The City Treasurer may place up to 50% of the
portfolio with a professional portfolio management/investment management firm (firm). The
firm will be approved by the City Council based upon the City Treasurer's recommendation
pursuant to completion of a public request for proposal (RFP). The firm shall have:
• An established professional reputation for asset or investment management;
• Knowledge and working familiarity with State and Federal laws governing and restricting
the investment of public funds;
• Substantial experience providing investment management services to local public
agencies whose investment policies and portfolio size are similar to those of the City;
• Professional liability (errors and omissions) insurance and fidelity bonding in such
amounts as are required by the City; and
Page 9 of 27
39
• Registration with the Securities and Exchange Commission under the
Investment Advisers Act of 1940
Before engagement by the City and except as may be specifically waived or revised, the firm
shall commit to adhere to the provisions of the City's Investment Policy with the following
exceptions:
• The firm may be granted the discretion to purchase and sell investment securities in
accordance with this Investment Policy;
• The firm is not required to adhere to a buy -and -hold policy; and
• The firm does not need City Manager or City Treasurer approval to make permissible
investments.
Local Agency Bonds and California Local Agency Obligations — As authorized in
§53601(a) and §53601(e), the City may invest in California local agency obligations.
§53601(a) pertains to investing in bonds issued by a local agency, or by the department,
board, agency or authority of the local agency.
§53601(e) pertains to investing in bonds and other defined indebtedness of any local
agency, or department, board, agency or authority of the local agency within the State of
California. The Agency obligations must be invested in the long-term rating category of A or
better by an NRSRO.
In the case of an initial public offering, including refinancings, the Treasurer may purchase
directly from the Bond Underwriter. In the case of secondary issues, the Treasurer will rely on
the approved Broker/Dealers.
XI. INVESTMENT POOLS
There are three (3) types of investment pools:
• State -run pools (e.g., LAIF);
• Pools that are operated by a political subdivision where allowed by law and the political
subdivision is the trustee (e.g., County Pools, and Joint Powers Authorities such as the
California Asset Management Program (CAMP), CalTrust, or California Class); and
• Pools that are operated for profit by third parties (e.g. money market funds).
The City's Investment Policy permits investment in pools and money market funds as authorized
by State Code §16429.1, §53601(1) and §53601(p).
The City shall engage qualified third -party custodians to act in a fiduciary capacity to maintain
appropriate evidence of the City's ownership of securities and other eligible investments. Such
custodians shall disburse funds received from the City for a purchase to the broker, dealer or
seller only after receiving evidence that the City has legal, record ownership of the securities.
Page 10 of 27
40
Even though ownership is evidenced in book -entry form rather than by actual certificates, this
procedure is commonly referred to as the delivery versus payment (DVP) method for the
transfer of securities.
XIII. INTEREST EARNING DISTRIBUTION POLICY
Interest earnings are generated from pooled investments and specific investments. The
following provisions apply to the calculation and distribution of interest earnings.
1. Pooled Investments — It is the general policy of the City to pool all available operating
cash of the City of La Quinta, Successor Agency to the City of La Quinta Redevelopment
Agency, La Quinta Financing Authority, and La Quinta Housing Authority, and to allocate
interest earnings as a payment to each fund of an amount based on the month -end cash
balance included in the common portfolio for the earning period.
2. Specific Investments — Specific investments purchased by a fund shall incur all
earnings and expenses to that particular fund.
XIV. INTERNAL CONTROLS AND INDEPENDENT AUDITOR
The City Treasurer shall establish a system of internal controls to accomplish the following
objectives:
• Safeguard assets;
• The orderly and efficient conduct of its business, including adherence to management
policies;
• Prevention or detection of errors and fraud;
• The accuracy and completeness of accounting records; and
• Timely preparation of reliable financial information.
While no internal control system, however elaborate, can guarantee absolute assurance that the
City's assets are safeguarded, it is the intent of the City's internal control to provide a reasonable
assurance that management of the investment function meets the City's objectives.
The internal controls shall address the following:
• Control of collusion. Collusion is a situation where two or more employees are working in
conjunction to defraud their employer.
• Separation of transaction authority from accounting and record keeping. By separating
the person who authorizes or performs the transaction from the people who record or
otherwise account for the transaction, a separation of duties is achieved.
• Custodial safekeeping. Securities purchased from any bank or dealer including
appropriate collateral (as defined by State Law) shall be placed with an independent
third party for custodial safekeeping.
• Avoidance of physical delivery securities. Book entry securities are much easier to transfer
and account for since actual delivery of a document never takes
Page 11 of 27
41
place. Delivered securities must be properly safeguarded against loss or destruction.
The potential for fraud and loss increases with physically delivered securities.
• Clear delegation of authority to subordinate staff members. Subordinate staff members
must have a clear understanding of their authority and responsibilities to avoid improper
actions. Clear delegation of authority also preserves the internal control structure that is
contingent on the various staff positions and their respective responsibilities as outlined
in the Segregation of Major Investment Responsibilities (Appendix C).
• Written confirmation of telephone transactions for investments and wire transfers. Due to
the potential for error and improprieties arising from telephone transactions, all telephone
transactions shall be supported by written communications or electronic confirmations
and approved by the appropriate person. Written communications may be via fax or
email if on letterhead and the safekeeping institution has a list of authorized signatures.
Fax correspondence must be supported by evidence of verbal or written follow- up.
• Development of a wire transfer agreement with the City's bank and third -party custodian.
This agreement should outline the various controls, security provisions, and delineate
responsibilities of each party making and receiving wire transfers.
The system of internal controls developed by the City shall be reviewed annually by the
independent auditor in connection with the annual audit of the City's Financial Statements. The
independent auditor's letter on internal control over financial reporting and compliance as it
pertains to cash and investments, if any, shall be directed to the City Manager who will direct
the City Treasurer to provide a written response to the independent auditor's letter. The auditor's
letter, as it pertains to cash and investment activities, and the City Treasurer's response shall be
provided to the City's Financial Advisory Commission for their consideration. Following the
completion of each annual audit, the independent auditor shall meet with the Financial Advisory
Commission and discuss the auditing procedures performed and the review of internal controls
for cash and investment activities. See Appendix C, "Segregation of Major Investment
Responsibilities."
A 9 1 [ 1
The City Treasurer shall submit a quarterly Treasurer's Report to the City Council and the
Financial Advisory Commission that includes all cash and investments under the authority of the
Treasurer. In addition, the City Treasurer or designee shall ensure all investment transactions
are reported on a monthly basis as they occur throughout the quarter. The Treasurer's Report
shall summarize cash and investment activity and changes in balances and include the
following:
• A certification by the City Treasurer;
• A listing of purchases and sales/maturities of investments;
Page 12 of 27
42
• Cash and Investments categorized by authorized investments; LAIF will also be provided
quarterly and show yield and maturity;
• Comparison of month -end actual holdings to Investment Policy limitations;
• A two-year list of historical interest rates.
The securities held by the City must be in compliance with this Policy at the time of purchase.
Due to market conditions, some securities may no longer comply subsequent to the date of
purchase, therefore a quarterly review of the portfolio will be conducted to identify any securities
which may have fallen out of compliance. Any major incidences of noncompliance identified
during such review will be reported to the Financial Advisory Commission for confirmation of
staff course of action.
/_1 W_1 DIVA 6Y•]: 94141 LY, I LY,1 Ec1•91:•] ki Qy 11 WY•] a W_T011110111
The Financial Advisory Commission (FAC) is composed of seven members from the public that
are appointed by the City Council. The FAC's membership, qualifications, and powers and duties
are prescribed in Chapter 2.70 of the La Quinta Municipal Code and included in this policy as
Appendix A.
On an annual basis, in conjunction with the Political Reform Act disclosure statutes, or at any
time if a change in circumstances warrants, each commissioner will provide the City Council with
a disclosure statement which identifies any matters that have a bearing on the appropriateness
of that member's service on the FAC. All commissioners shall report annually to the City Clerk
on Form 700, Statement of Economic Interests, any activities, interests, or relationships that
may be, or have the appearance of, a conflict of interest.
XV111, INVESTMENT POLICY ADOPTION
The City's Investment Policy will be reviewed annually by the City's Financial Advisory
Commission and the City Treasurer. The Financial Advisory Commission will forward the
Investment Policy with any revisions to the City Manager and City Attorney for their review and
comment. A joint meeting will be held with the Financial Advisory Commission, City Manager,
City Attorney, and City Treasurer to review the Investment Policy and any comments prior to
submission to the City Council for their consideration. The Investment Policy shall be adopted by
resolution of the City Council annually before the end of June of each year.
Page 13 of 27
43
APPENDIX A
City of La Quinta Municipal Code Chapter 2.70
FINANCIAL ADVISORY COMMISSION
2.70.010 General rules regarding the financial advisory commission. Except
as set out below, see Chapter 2.06 for general provisions.
2.70.020 Number of members.
The financial advisory commission ("FAC") shall initially consist of seven members appointed
by, and serving at the will of, the city council. The city council may increase or decrease the
number of members from time to time but in no event shall the membership exceed nine
members or be less than five members.
2.70.30 Qualifications of members.
A. In addition to the qualification requirements set forth in Section 2.06.040 of this code,
a minimum of three of the members shall be finance professionals and shall have a
verifiable background in finance and/or securities, preferably with knowledge and/or
experience in markets, financial controls and accounting for securities.
B. For those applying for the professional position, background information will be
requested, and potential candidates must agree to a background check and verification
by the city manager or designee.
2.70.040 Powers and duties.
A. The principal functions of the FAC are:
1. Review at least annually the city's investment policy and recommend
appropriate changes;
2. Review at least quarterly the treasury report and note compliance with the
investment policy and adequacy of cash and investments for anticipated
obligations;
3. Receive and consider other reports provided by the city treasurer;
4. Meet with the independent auditor after completion of the annual audit of the
city's financial statements, and receive and consider the auditor's comments on
auditing procedures, internal controls, and findings for cash and investment
activities;
5. Review at least annually the revenue derived from the one percent (1 %)
transactions and use tax instituted by voters in November 2016 to ensure these
funds are used to provide services, programs and capital projects in the city of La
Quinta.
Page 14 of 27
44
6. Serve as a resource for the city treasurer on matters such as proposed
investments, internal controls, use of or change of financial institutions,
custodians, brokers and dealers.
B. The FAC will report to the city council after each meeting either in person or through
correspondence at a regular city council meeting. (Ord. 556 § 1, 2017)
2.70.050 References to the Investment Advisory Board.
If any other chapter(s) or section(s) in this code refers to the Investment Advisory Board, that
chapter(s) or section(s) shall be deemed to refer to the Financial Advisory Commission
established by the ordinance amending chapter 2.70 of this code.
Page 15 of 27
45
APPENDIX B
City of La Quinta Municipal Code Chapter 3.08
INVESTMENT OF MONEYS AND FUNDS
3.08.010 Investment of city moneys and deposit of securities
Pursuant to, and in accordance with, and to the extent allowed by Sections 53607 and 53608 of
the California Government Code, the authority to invest and reinvest moneys of the city, to sell
or exchange securities, and to deposit them and provide for their safekeeping, is delegated to
the city treasurer, which, for purposes of this chapter, is defined in Section 2.12.010 of this code.
(Ord. 529 § 1, 2015; Ord. 2 § 1,
1982)
3.08.020 Authorized investments.
Pursuant to the delegation of authority in Section 3.08.010, the city treasurer is authorized to
purchase, at their original sale or after they have been issued, securities which are permissible
investments under the city council adopted city investment policy and any provision of state law
relating to the investing of general city funds, including, but not limited to, Sections 53601 and
53635 of the California Government Code, as said sections now read or may hereafter be
amended, from moneys in the city treasurer's custody which are not required for the immediate
necessities of the city and as he or she may deem wise and expedient, and to sell or exchange for
other eligible securities and reinvest the proceeds of the securities so purchased. (Ord. 529
§ 1, 2015; Ord. 2 § 1, 1982)
3.08.030 Sales of Securities.
From time to time the city treasurer shall sell the securities in which city moneys have been
invested pursuant to this chapter, so that the proceeds may, as appropriate, be applied to the
purchase for which the original purchase money may have been designated or placed in the city
treasury. (Ord.2 § 1 1982)
3.08.040 City bonds.
Bonds issued by the city and purchased pursuant to this chapter may be cancelled either in
satisfaction of sinking fund obligations or otherwise if proper and appropriate; provided,
however, that the bonds may be held uncancelled and while so held may be resold. (Ord. 2 § 1
(part), 1982)
3.08.050 Reports.
The city treasurer shall make a quarterly report to the city council of all investments made
pursuant to the authority delegated in this chapter and as permitted by Section 53646(b)(1) of the
Government Code. (Ord. 529 § 1, 2015; Ord. 2 § 1, 1982)
Page 16 of 27
46
3.08.060 Deposits of securities.
Pursuant to the delegation of authority in Section 3.08.010, the city treasurer is authorized to
deposit for safekeeping, the securities in which city moneys have been invested pursuant to this
chapter, in any institution or depository authorized by the city council adopted investment policy
and terms of any state law, including, but not limited to, Section 53608 of the Government Code,
as it now reads or may hereafter be amended. In accordance with said section, the city treasurer
shall take from the institution or depository a receipt for the securities so deposited and shall not
be responsible for the securities delivered to and receipted for by the institution or depository
until they are withdrawn therefrom by the city treasurer. (Ord. 529 § 1, 2015; Ord. 2 § 1, 1982)
3.08.070 Trust fund administration.
Any departmental trust fund established by the city council pursuant to Section 36523 of the
Government Code shall be administered by the city treasurer in accordance with Section 36523
and 36524 of the Government Code and any other applicable provisions of law. (Ord. 2 § 1,
1982)
Page 17 of 27
47
APPENDIX C
SEGREGATION OF MAJOR INVESTMENT RESPONSIBILITIES
Function
Responsible Parties
Develop and recommend modifications to the City's City Treasurer, Principal Management Analyst, and
formal Investment Policy Financial Advisory Commission
Review City's Investment Policy and recommend
City Council action
Adopt formal Investment Policy
Implement formal Investment Policy
Review financial institutions and select investments
Acknowledge investment selections
Execute investment transactions
Confirm wires
City Manager and City Attorney
City Council
City Treasurer
City Treasurer or Principal Management -Analyst
City Manager or his/her designee
City Manager, City Treasurer, or Principal
Management Analyst
Finance
Aeee --At i gManager, Senior Accountant, or
Administrative Technician
Record investment transactions in City's accounting Finance
records Aeeaunt+ng Manager or Senior Accountant
Investment cerification- match broker confirmation
to City's investment records City Treasurer or Principal Management Analyst
Reconcile investment records to accounting records
and bank statements Principal Management Analyst
Finance
Reconcile investment records to treasurer's report City Treasurer, ; Manager, or Principal
of investments Management Analyst
Finance
Security of investments at City Manager or Administrative Technician
Security of investments outside of City Third Party Custodian
Review internal control procedures External Auditor
Page 18 of 27
48
APPENDIX D
Listing of Approved Financial Institutions
Banking Services
Custodian Services
Deferred Compensation
Broker/Dealer Services
Government/Joint Powers Authority Pools
Trustee Services
Other Post Employment Benefits (OPEB) Trust
Pension Trust - Administration
-Bank of the West, San Francisco, CA (Banking Services)
-Sunwest Bank, Irvine, CA (Banking Services - Dune Palms
Mobile Estates)
-BMO Commercial Bank
-The Bank of New York Mellon/Pershing LLC U.S. Bank Trust Company, N.A.
-Stifel
-International City/County Management Association Retirement
Corporation (ICMA-RC) dba MissionSquare Retirement
-Stifel, Nicholaus, & Company, Inc.
-Higgins Capital Management, Inc.
-Great Pacific Securities
-State of California Local Agency Investment Fund (LAIF)
-California Asset Management Program (CAMP)
-County of Riverside Pooled Investment Fund)
-U.S. Bank Trust Company, NA(2)
-California Employers' Retirement Benefits Trust
(CERBT)/CalPERS
-Public Agency Retirement Services (PARS)
(')The County of Riverside Treasurer maintains one Pooled Investment Fund for all local jurisdictions having funds on
deposit in the County Treasury. The City's fire funds, which are property taxes collected to fund fire services in the City, are
kept in reserve with the County to be used as expenses are incurred.
(2) U.S. Bank is the fiscal agent for all of the following bonds: 2013 (refunded in 2021), 2014 (refunded in 2021), 2016, and
2021 Successor Agency to the La Quinta Redevelopment Agency (RDA) Bonds. As of March 2024, U.S. Bank is the
custodian for the City's investment portfolio. U.S. Bank is also the trustee and asset custodian for the PARS pension trust. As
of January 29, 2022, U.S. Bank, National Association transitioned its Global Corporate Trust business to wholly owned
subsidiary U.S. Bank Trust Company, National Association.
Page 19 of 27
49
APPENDIX E
INVESTMENT MANAGEMENT PROCESS AND RISK
Except as provided for in Section 27000.3, Government Code Section 53600.3 declares as a
trustee each person, treasurer, or governing body authorized to make investment decisions on
behalf of local agencies. Trustees are subject to the prudent investor standard. These persons
shall act with care, skill, prudence, and diligence under the circumstances then prevailing when
investing, reinvesting, purchasing, acquiring, exchanging, selling, and managing funds. Section
53600.5 further stipulates that the primary objective of any person investing public funds is to
safeguard principal; secondly, to meet liquidity needs of the depositor; and lastly, to achieve a
return or yield on invested funds (Government Code Section 27000.5 specifies the same
objectives for county treasurers and board of supervisors).
Risk is inherent throughout the investment process. There is investment risk associated with
any investment activity and opportunity risk related to inactivity. Market risk is derived from
exposure to overall changes in the general level of interest rates while credit risk is the risk of loss
due to the failure of the insurer of a security. The market value of a security varies inversely with
the level of interest rates. If an investor is required to sell an investment with a five percent yield
in a comparable seven percent rate environment, that security will be sold at a loss. The
magnitude of that loss will depend on the amount of time until maturity.
Purchasing certain allowable securities with a maturity of greater than five years requires
approval of the governing board (see Government Code Section 53601). Part of that approval
process involves assessing and disclosing the risk and possible volatility of longer -term
investments
Another element of risk is liquidity risk. Instruments with call features or special structures, or
those issued by little known companies, are examples of "story bonds" and are often thinly
traded. Their uniqueness often makes finding prospective buyers in a secondary market more
difficult and, consequently, the securities' marketability and price are discounted. However,
under certain market conditions, gains are also possible with these types of securities.
Default risk represents the possibility that the borrower may be unable to repay the obligation as
scheduled. Generally, securities issued by the federal government and its agencies are
considered the most secure, while securities issued by private corporations or negotiable
certificates of deposit issued by commercial banks have a greater degree of risk. Securities with
additional credit enhancements, such as bankers acceptances, collateralized repurchase
agreements and collateralized bank deposits are somewhere between the two on the risk
spectrum.
The vast majority of portfolios are managed within a buy and hold policy. Investments are
purchased with the intent and capacity to hold that security until maturity. At times, market
forces or operations may dictate swapping one security for anotheror
Page 20 of 27
50
selling a security before maturity. Continuous analysis and fine tuning of the investment portfolio
are considered prudent investment management.
The Government Code contains specific provisions regarding the types of investments and
practices permitted after considering the broad requirement of preserving principal and
maintaining liquidity before seeking yield. These provisions are intended to promote the use of
reliable, diverse, and safe investment instruments to better ensure a prudently managed
portfolio worthy of public trust.
Source: Chapter II. Fund Management from the Local Agency Investment Guidelines Issued by
California Debt and Investment Advisory Commission
Page 21 of 27
51
APPENDIX F
GLOSSARY
(Adopted from the Municipal Treasurers Association)
The purpose of this glossary is to provide the reader of the City of La Quinta investment policies
with a better understanding of financial terms used in municipal investing.
AGENCIES: Federal agency securities and/or Government -sponsored enterprises.
ANNUAL COMPREHENSIVE FINANCIAL REPORT (ACFR): The official annual report for the
City of La Quinta. It includes combined statements for each individual fund and account group
prepared in conformity with GAAP. It also includes supporting schedules necessary to
demonstrate compliance with finance -related legal and contractual provisions, extensive
introductory material, and a detailed Statistical Section.
ASKED: The price at which securities are offered.
BANKERS' ACCEPTANCE (BA): A draft or bill or exchange accepted by a bank or trust
company. The accepting institution guarantees payment of the bill, as well as the issuer.
)gyp: The price offered by a buyer of securities. (When you are selling securities, you ask for a
bid.) See Offer.
BROKER: A broker brings buyers and sellers together for a commission.
CERTIFICATE OF DEPOSIT (CDC: A time deposit with a specific maturity evidenced by a
certificate. Large- denomination CD's are typically negotiable.
COLLATERAL: Securities, evidence of deposit or other property which a borrower pledges to
secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of
public monies.
COMMERCIAL PAPER: Short-term unsecured promissory notes issued by a corporation to
raise working capital. These negotiable instruments are purchased at a discount to par value or at
par value with interest bearing. Commercial paper is issued by corporations such as General
Motors Acceptance Corporation, IBM, Bank America, etc.
CONDUIT FINANCING: A form of Financing in which a government or a government agency
lends its name to a bond issue, although it is acting only as a conduit between a specific project
and bond holders. The bond holders can look only to the revenues from the project being
financed for repayment and not to the government or agency whose name appears on the bond.
COUPON: (a) The annual rate of interest that a bond's issuer promises to pay the bondholder
on the bond's face value. (b) A certificate attached to a bond evidencing interest due on a
payment date.
DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and
selling for his own account.
DEBENTURE: A bond secured only by the general credit of the issuer.
Page 22 of 27
52
DELIVERY VERSUS PAYMENT: There are two methods of delivery of securities: delivery
versus payment and delivery versus receipt. Delivery versus payment is delivery of securities
with an exchange of money for the securities. Delivery versus receipt is delivery of securities
with an exchange of a signed receipt for the securities.
DERIVATIVES: (1) Financial instruments whose return profile is linked to, or derived from, the
movement of one or more underlying index or security, and may include a leveraging factor, or
(2) financial contracts based upon notional amounts whose value is derived from an underlying
index or security (interest rates, foreign exchange rates, equities or commodities).
DISCOUNT: The difference between the cost price of a security and its maturity when quoted at
lower than face value. A security selling below original offering price shortly after sale also is
considered to be at a discount.
DISCOUNT SECURITIES: Non -interest -bearing money market instruments that are issued at
discount and redeemed at maturity for full face value
DIVERSIFICATION: Dividing investment funds among a variety of securities offering
independent returns.
GOVERNMENT SPONSORED ENTERPRISES (GSEs): Privately held corporations with public
purposes created by the U.S. Congress to reduce the cost of capital for certain borrowing
sectors of the economy. Securities issues by GSEs carry the implicit backing of the U.S.
Government, but they are not direct obligations of the U.S. Government. Typically referred to as
'Agency Bonds' or 'Agencies'.
FNMAs or Fannie Mae (Federal National Mortgage Association) - Like GNMA was chartered
under the Federal National Mortgage Association Act in 1938. FNMA is a federal corporation
working under the auspices of the Department of Housing and Urban Development (HUD). It is
the largest single provider of residential mortgage funds in the United States. Fannie Mae, as the
corporation is called, is a private stockholder -owned corporation. The corporation's purchases
include a variety of adjustable mortgages and second loans, in addition to fixed-rate mortgages.
FNMA's securities are also highly liquid and are widely accepted. FNMA assumes and
guarantees that all security holders will receive timely payment of principal and interest.
FHLBs (Federal Home Loan Bank) - Issued by the Federal Home Loan Bank System to help
finance the housing industry. The notes and bonds provide liquidity and home mortgage credit
to savings and loan associations, mutual savings banks, cooperative banks, insurance
companies, and mortgage -lending institutions. They are issued irregularly for various maturities.
The minimum denomination is $5,000. The notes are issued with maturities of less than one
year and interest is paid at maturity.
FFCBs (Federal Farm Credit Bank) — Debt instruments used to finance the short and
intermediate term needs of farmers and the national agricultural industry. They are issued
monthly with three- and six-month maturities. The FFCB issues larger issues (one to ten year) on
a periodic basis. These issues are highly liquid.
Page 23 of 27
53
FHLMCs or Freddie Mac (Federal Home Loan Mortgage Corporation) - a government
sponsored entity established in 1970 to provide a secondary market for conventional home
mortgages. Mortgages are purchased solely from the Federal Home Loan Bank System
member lending institutions whose deposits are insured by agencies of the United States
Government. They are issued for various maturities and in minimum denominations of $10,000.
Principal and interest is paid monthly.
FAMCs or Farmer Mac (Federal Agricultural Mortgage Corporation) - FAMC increases the
availability and affordability of credit for the benefit of American agriculture and rural
communities. They are the nation's premier secondary market for agricultural credit, providing
financial solutions to a broad spectrum of the agricultural community, including agricultural
lenders, agribusinesses, and other institutions that can benefit from access to flexible, low-cost
financing and risk management tools. FAMC is regulated by the Farm Credit Administration.
Other federal agency issues are Small Business Administration notes (SBA's), Government
National Mortgage Association notes (GNMA's), and Tennessee Valley Authority notes (TVA's).
FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC): A federal agency that
insures bank deposits, currently up to $250,000 per deposit per entity.
FEDERAL FUNDS RATE: The rate of interest at which Fed funds are traded. This rate is
currently pegged by the Federal Reserve through open- market operations.
FEDERAL OPEN MARKET COMMITTEE (FOMQ: Consists of seven members of the Federal
Reserve Board and five of the twelve Federal Reserve Bank Presidents. The President of the
New York Federal Reserve Bank is a permanent member, while the other Presidents serve on a
rotating basis. The Committee periodically meets to set Federal Reserve guidelines regarding
purchases and sales of Government Securities in the open market as a means of influencing
the volume of bank credit and money.
FEDERAL RESERVE SYSTEM: The central bank of the United States created by Congress and
consisting of a seven -member Board of Governors in Washington, D.C., 12 regional banks and
about 3,000 commercial banks that are members of the system.
GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (GNMA or Ginnie Mae):
Securities influencing the volume of bank credit guaranteed by GNMA and issued by mortgage
bankers, commercial banks, savings and loan associations, and other institutions. Security
holder is protected by full faith and credit of the U.S. Government. Ginnie Mae securities are
backed by the FHA, VA or FMHM mortgages. The term "pass-throughs" is often used to
describe Ginnie Maes.
LAIF (Local Agency Investment Fund: - A special fund in the State Treasury which local
agencies may use to deposit funds for investment. There is no minimum investment period, the
minimum transaction is $5,000 and the City follows the state guidance for maximum total
balance. The City is restricted to a maximum of ten transactions per month. It offers high liquidity
because deposits can be converted to cash in 24 hours and no interest is lost. All interest is
distributed to those agencies participating on a proportionate share basis determined by the
amounts deposited and the length of time
Page 24 of 27
54
they are deposited. Interest is paid quarterly. The State retains an amount for reasonable costs of
making the investments, not to exceed one-half of one percent of the earnings.
LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash without a
substantial loss of value. In the money market, a security is said to be liquid if the spread
between bid and asked prices is narrow and reasonable size can be done at those quotes.
LOCAL GOVERNMENT INVESTMENT POOL (LGIP): The aggregate of all funds from political
subdivisions that are placed in the custody of the State Treasurer for investment and
reinvestment
MARKET VALUE: The price at which a security is trading and could presumably be purchased
or sold.
MASTER REPURCHASE AGREEMENT: A written contract covering all future transactions
between the parties to repurchase -reverse repurchase agreements that establish each party's
rights in the transactions. A master agreement will often specify, among other things, the right of
the buyer- lender to liquidate the underlying securities in the event of default by the seller -
borrower.
MATURITY: The date upon which the principal or stated value of an investment becomes due and
payable.
MONEY MARKET: The market in which short-term debt instruments (bills, commercial paper,
bankers' acceptances, etc.) are issued and traded.
NRSRO (NATIONALLY RECOGNIZED STATISTICAL RATING ORGANIZATIONu: A
credit rating agency recognized by the Securities and Exchange Commission (SEC). Examples
include Fitch Ratings, Inc., Moody's Investor's Services, Inc., and S&P Global Ratings, among
others.
FFER: The price asked by a seller of securities. (When you are buying securities, you ask for
an offer.) See Asked and Bid.
OPEN MARKET OPERATIONS: Purchases and sales of government and certain other
securities in the open market by the New York Federal Reserve Bank as directed by the FOMC
in order to influence the volume of money and credit in the economy. Purchases inject reserves
into the bank system and stimulate growth of money and credit; sales have the opposite effect.
Open market operations are the Federal Reserve's most important and most flexible monetary
policy tool.
PORTFOLIO: Collection of all cash and securities under the direction of the City Treasurer,
including Bond Proceeds.
PRIMARY DEALER: A group of government securities dealers who submit daily reports of
market activity and positions and monthly financial statements to the Federal Reserve Bank of
New York and are subject to its informal oversight. Primary dealers include Securities and
Exchange Commission (SEC) registered securities broker -dealers, banks and a few
unregulated firms.
Page 25 of 27
55
QUALIFIED PUBLIC DEPOSITORIES: A financial institution which does not claim exemption
from the payment of any sales or compensating use or ad valorem taxes under the laws of this
state, which has segregated for the benefit of the commission eligible collateral having a value
of not less than its maximum liability and which has been approved by the Public Deposit
Protection Commission to hold public deposits.
RATE OF RETURN: The yield obtainable on a security based on its purchase price or its
current market price. This may be the amortized yield to maturity on a bond the current income
return.
REPURCHASE AGREEMENT (RP OR REPO) and REVERSE REPURCHASE
AGREEMENTS (RRP or RevRelo): A holder of securities sells these securities to an investor
with an agreement to repurchase them at a fixed price on a fixed date. The security "buyer" in
effect lends the "seller" money for the period of the agreement, and the terms of the agreement
are structured to compensate him for this. Dealers use RP extensively to finance their positions.
Exception: When the Fed is said to be doing RP, it is lending money that is increasing bank
reserves.
SAFEKEEPING: A service to customers rendered by banks for a fee whereby securities and
valuables of all types and descriptions are held in the bank's vaults for protection.
SECONDARY MARKET: A market made for the purchase and sale of outstanding issues
following the initial distribution.
SECURITIES & EXCHANGE COMMISSION: Agency created by Congress to protect investors
in securities transactions by administering securities legislation.
SEC RULE 15C3-1: See Uniform Net Capital Rule.
SSAE 16: The Statement on Standards for Attestation Engagements No. 16 (SSAE 16) is a set
of auditing standards and guidance on using the standards, published by the Auditing Standards
Board (ASB) of the American Institute of Certified Public Accountants (AICPA) for redefining and
updating how service companies report on compliance controls. The Service Organizational
Control report (SOC-1) contains internal controls over financial reporting and is used by auditors
and office controllers.
STRUCTURED NOTES: Notes issued by Government Sponsored Enterprises (FHLB, FNMA,
SLMA, etc.) and Corporations which have imbedded options (e.g., call features, step-up
coupons, floating rate coupons, and derivative -based returns) into their debt structure. Their
market performance is impacted by the fluctuation of interest rates, the volatility of the imbedded
options and shifts in the shape of the yield curve.
SURPLUS FUNDS: Section 53601 of the California Government Code defines surplus funds as
any money not required for immediate necessities of the local agency. The City has defined
immediate necessities to be payment due within one week.
TREASURY BILLS: A non -interest- bearing discount security issued by the U.S. Treasury to
finance the national debt. Most bills are issued to mature in three months, six months or one
year.
Page 26 of 27
56
TREASURY BONDS: Long-term coupon -bearing U.S. Treasury securities issued as direct
obligations of the U.S. Government and having initial maturities of more than 10years.
TREASURY NOTES: Medium -term coupon -bearing U.S. Treasury securities issued as direct
obligations of the U.S. Government and having initial maturities from two to 10 years.
UNIFORM NET CAPITAL RULE: Securities and Exchange Commission requirement that
member firms as well as nonmember broker -dealers in securities maintain a maximum ratio of
indebtedness to liquid capital of 15 to 1; also called net capital rule and net capital ratio.
Indebtedness covers all money owed to a firm, including margin loans and commitments to
purchase securities, one reason new public issues are spread among members of underwriting
syndicates. Liquid capital includes cash and assets easily converted into cash.
UNIFORM PRUDENT INVESTOR ACT: The State of California has adopted this Act. The Act
contains the following sections: duty of care, diversification, review of assets, costs, compliance
determinations, delegation of investments, terms of prudent investor rule, and application.
YIELD: The rate of annual return on an investment, expressed as a percentage. (a) INCOME
YIELD is obtained by dividing the current dollar income by the current market price for the
security. (b) NET YIELD or YIELD TO MATURITY is the current income yield minus any
premium above par or plus any discount from par in purchase price, with the adjustment spread
over the period from the date of purchase to the date of maturity of the bond.
Page 27 of 27
57
58
CONSENT CALENDAR ITEM NO. 6
City of La Quinta
CITY COUNCIL MEETING: June 18, 2024
STAFF REPORT
AGENDA TITLE: APPROVE AGREEMENTS FOR CONTRACT SERVICES WITH
LOZANO'S PAINTING, INC. AND COLOR NEW CO FOR ON -CALL PAINTING AND
REFINISHING SERVICES
RECOMMENDATION
Approve agreements for contract services with Lozano's Painting, Inc. and Color New Co
for on -call painting and refinishing services; and authorize the City Manager to execute
the agreements.
EXECUTIVE SUMMARY
• Painting and refinishing services are needed to perform paint maintenance and
minor repair services on an on -call, as -needed basis.
• Lozano's Painting, Inc. (Lozano's) and Color New Co are qualified to provide on -
call painting and refinishing services and were selected through the competitive
Request for Proposals (RFP) process completed in May 2024.
• Each agreement would be approved for an amount not to exceed $150,000 per
fiscal year (FY) for an initial three-year term, with an optional two-year extended
term, which provides the flexibility to use one or both firms depending on work
demand.
FISCAL IMPACT
Both agreements combined could cost up to $150,000 per FY. Funds will be budgeted
each FY in the City Building Repair account 501-0000-71103 through the term of the
agreements.
BACKGROUND/ANALYSIS
In May 2024, staff published an RFP, and two proposals were received. The selection
committee reviewed the proposals and both Lozano's and Color New Co were selected
based on project size and availability.
The proposed agreements with Lozano's (Attachment 1) and Color New Co (Attachment
2), are for a three-year term, beginning July 1, 2024 through June 30, 2027, at a combined
59
not to exceed compensation amount of $150,000 per FY, with an option to extend for one
additional two-year term (extended term).
ALTERNATIVES
Council may elect not to approve or to modify either agreement.
Prepared by: Carley Escarrega, Administrative Technician
Alfred Berumen, M&O Superintendent
Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer
Attachments: 1. Agreement for Contract Services with Lozano's
2. Agreement for Contract Services with Color New Co
.R
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 Lozano's Painting, Inc., with a place of business at 33881 Pueblo Trail
Apt A, Cathedral City, CA 92234 ("Contracting Party"). The parties hereto agree as
follows:
1. SERVICES OF CONTRACTING PARTY.
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Contracting Party shall provide those services related to on -call painting and
refinishing 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.
61
1.5 Familiarity with Work. By executing this Agreement, Contracting Party
warrants that (a) it has thoroughly investigated and considered the Services to be
performed, (b) it has investigated the site where the Services are to be performed, if any,
and fully acquainted itself with the conditions there existing, (c) it has carefully considered
how the Services should be performed, and (d) it fully understands the facilities,
difficulties, and restrictions attending performance of the Services under this Agreement.
Should Contracting Party discover any latent or unknown conditions materially differing
from those inherent in the Services or as represented by City, Contracting Party shall
immediately inform City of such fact and shall not proceed except at Contracting Party's
risk until written instructions are received from the Contract Officer, or assigned
designee (as defined in Section 4.2 hereof).
1.6 Standard of Care. Contracting Party acknowledges and understands that
the Services contracted for under this Agreement require specialized skills and abilities
and that, consistent with this understanding, Contracting Party's work will be held to an
industry standard of quality and workmanship. Consistent with Section 1.5 hereinabove,
Contracting Party represents to City that it holds the necessary skills and abilities to satisfy
the industry standard of quality as set forth in this Agreement. Contracting Party shall
adopt reasonable methods during the life of this Agreement to furnish continuous
protection to the Services performed by Contracting Party, and the equipment, materials,
papers, and other components thereof to prevent losses or damages, and shall be
responsible for all such damages, to persons or property, until acceptance of the Services
by City, except such losses or damages as may be caused by City's own negligence.
The performance of Services by Contracting Party shall not relieve Contracting Party from
any obligation to correct any incomplete, inaccurate, or defective work at no further cost
to City, when such inaccuracies are due to the negligence of Contracting Party.
1.7 Additional Services. In accordance with the terms and conditions of this
Agreement, Contracting Party shall perform services in addition to those specified in the
Scope of Services ("Additional Services") only when directed to do so by the Contract
Officer, or assigned designee, provided that Contracting Party shall not be required to
perform any Additional Services without compensation. Contracting Party shall not
perform any Additional Services until receiving prior written authorization (in the form of
a written change order if Contracting Party is a contractor performing the Services) from
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.
-2- 62
Compensation for properly authorized Additional Services shall be made in accordance
with Section 2.3 of this Agreement.
1.8 Special Requirements. Additional terms and conditions of this Agreement,
if any, which are made a part hereof are set forth in "Exhibit D" (the "Special
Requirements"), which is incorporated herein by this reference and expressly made a part
hereof. In the event of a conflict between the provisions of the Special Requirements and
any other provisions of this Agreement, the provisions of the Special Requirements shall
govern.
2. COMPENSATION.
2.1 Contract Sum. For the Services rendered pursuant to this Agreement,
Contracting Party shall be compensated in accordance with "Exhibit B" (the "Schedule of
Compensation") in a total amount not to exceed One Hundred Fifty Thousand Dollars
($150,000.00) per year for the life of the Agreement, encompassing the Initial and any
Extended Terms (the "Contract Sum"), except as provided in Section 1.7. Contractor
expressly acknowledges and agrees that the Contract Sum in this Agreement is the
annual aggregate total amount covering this Agreement, that certain Agreement for
Contract Services by and between the City and Color New Co of or about even date as
this Agreement, such that the Contract Sum as defined herein is the maximum amount
available for services provided under both agreements. The method of compensation set
forth in the Schedule of Compensation may include a lump sum payment upon
completion, payment in accordance with the percentage of completion of the Services,
payment for time and materials based upon Contracting Party's rate schedule, but not
exceeding the Contract Sum, or such other reasonable methods as may be specified in
the Schedule of Compensation. The Contract Sum shall include the attendance of
Contracting Party at all project meetings reasonably deemed necessary by City;
Contracting Party shall not be entitled to any additional compensation for attending said
meetings. Compensation may include reimbursement for actual and necessary
expenditures for reproduction costs, transportation expense, telephone expense, and
similar costs and expenses when and if specified in the Schedule of Compensation.
Regardless of the method of compensation set forth in the Schedule of Compensation,
Contracting Party's overall compensation shall not exceed the Contract Sum, except as
provided in Section 1.7 of this Agreement.
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
-3- 63
this Agreement no later than thirty (30) days after invoices are received by the City's
Finance Department.
2.3 Compensation for Additional Services. Additional Services approved in
advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this
Agreement shall be paid for in an amount agreed to in writing by both City and Contracting
Party in advance of the Additional Services being rendered by Contracting Party. Any
compensation for Additional Services amounting to five percent (5%) or less of the
Contract Sum may be approved by the Contract Officer, or assigned designee. Any
greater amount of compensation for Additional Services must be approved by the La
Quinta City Council, the City Manager, or Department Director, depending upon City laws,
regulations, rules and procedures concerning public contracting. Under no circumstances
shall Contracting Party receive compensation for any Additional Services unless prior
written approval for the Additional Services is obtained from the Contract Officer, or
assigned designee, pursuant to Section 1.7 of this Agreement.
3. PERFORMANCE SCHEDULE.
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement. If the Services not completed in accordance with the Schedule of
Performance, as set forth in Section 3.2 and "Exhibit C", it is understood that the City will
suffer damage.
3.2 Schedule of Performance. All Services rendered pursuant to this
Agreement shall be performed diligently and within the time period established in "Exhibit
C" (the "Schedule of Performance"). Extensions to the time period specified in the
Schedule of Performance may be approved in writing by the Contract Officer, or
assigned designee.
3.3 Force Maieure. 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.
-4- 64
3.4 Term. Unless earlier terminated in accordance with the provisions in
Article 8.0 of this Agreement, the term of this agreement shall commence on July 1,
2024, and terminate on June 30, 2027 ("Initial Term"). This Agreement may be
extended for two additional year(s) upon mutual agreement by both parties
("Extended Term"), and executed in writing.
4. COORDINATION OF WORK.
4.1 Representative of Contracting Party. The following principals of Contracting
Party ("Principals") are hereby designated as being the principals and representatives of
Contracting Party authorized to act in its behalf with respect to the Services specified
herein and make all decisions in connection therewith:
(a) Jose Lozano
Lozano's Painting, Inc.
Telephone No.: (760) 673-2934
Email: lozanospaintinginc@gmail.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 Bryan
McKinney, PE, Public Works Director/City Engineer or assigned designee may be
designated in writing by the City Manager of the City. It shall be Contracting Party's
responsibility to assure that the Contract Officer, or assigned designee, is kept informed
of the progress of the performance of the Services, and Contracting Party shall refer any
decisions, that must be made by City to the Contract Officer, or assigned designee.
Unless otherwise specified herein, any approval of City required hereunder shall mean
the approval of the Contract Officer, or assigned designee. The Contract Officer, or
assigned designee, shall have authority to sign all documents on behalf of City required
hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability, and reputation of Contracting Party, its principals, and its
employees were a substantial inducement for City to enter into this Agreement. Except
as set forth in this Agreement, Contracting Party shall not contract or subcontract with
any other entity to perform in whole or in part the Services required hereunder without the
express written approval of City. In addition, neither this Agreement nor any interest
herein may be transferred, assigned, conveyed, hypothecated, or encumbered,
voluntarily or by operation of law, without the prior written approval of City. Transfers
restricted hereunder shall include the transfer to any person or group of persons acting in
concert of more than twenty five percent (25%) of the present ownership and/or control
-5- 65
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 (" PERS") as an employee of City and entitlement to any contribution
to be paid by City for employer contributions and/or employee contributions for PERS
benefits. Contracting Party agrees to pay all required taxes on amounts paid to
Contracting Party under this Agreement, and to indemnify and hold City harmless from
any and all taxes, assessments, penalties, and interest asserted against City by reason
of the independent contractor relationship created by this Agreement. Contracting Party
shall fully comply with the workers' compensation laws regarding Contracting Party and
Contracting Party's employees. Contracting Party further agrees to indemnify and hold
City harmless from any failure of Contracting Party to comply with applicable workers'
compensation laws. City shall have the right to offset against the amount of any payment
due to Contracting Party under this Agreement any amount due to City from Contracting
Party as a result of Contracting Party's failure to promptly pay to City any reimbursement
or indemnification arising under this Section.
4.5 Identity of Persons Performing Work. Contracting Party represents that it
employs or will employ at its own expense all personnel required for the satisfactory
performance of any and all of the Services set forth herein. Contracting Party represents
that the Services required herein will be performed by Contracting Party or under its direct
-6- 66
supervision, and that all personnel engaged in such work shall be fully qualified and shall
be authorized and permitted under applicable State and local law to perform such tasks
and services.
4.6 City Cooperation. City shall provide Contracting Party with any plans,
publications, reports, statistics, records, or other data or information pertinent to the
Services to be performed hereunder which are reasonably available to Contracting Party
only from or through action by City.
5. INSURANCE.
5.1 Insurance. Prior to the beginning of any Services under this Agreement and
throughout the duration of the term of this Agreement, Contracting Party shall procure
and maintain, at its sole cost and expense, and submit concurrently with its execution of
this Agreement, policies of insurance as set forth in "Exhibit E" (the "Insurance
Requirements") which is incorporated herein by this reference and expressly made a part
hereof.
5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance
to Agency along with all required endorsements. Certificate of Insurance and
endorsements must be approved by Agency's Risk Manager prior to commencement of
performance.
6. INDEMNIFICATION.
6.1 Indemnification. To the fullest extent permitted by law, Contracting Party
shall indemnify, protect, defend (with counsel selected by City), and hold harmless City
and any and all of its officers, employees, agents, and volunteers as set forth in "Exhibit
F" ("Indemnification") which is incorporated herein by this reference and expressly made
a part hereof.
7. RECORDS AND REPORTS.
7.1 Reports. Contracting Party shall periodically prepare and submit to the
Contract Officer, or assigned designee, such reports concerning Contracting Party's
performance of the Services required by this Agreement as the Contract Officer, or
assigned designee, shall require. Contracting Party hereby acknowledges that City is
greatly concerned about the cost of the Services to be performed pursuant to this
Agreement. For this reason, Contracting Party agrees that if Contracting Party becomes
aware of any facts, circumstances, techniques, or events that may or will materially
increase or decrease the cost of the Services contemplated herein or, if Contracting Party
is providing design services, the cost of the project being designed, Contracting Party
shall promptly notify the Contract Officer, or assigned 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- 67
7.2 Records. Contracting Party shall keep, and require any subcontractors to
keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports
(including but not limited to payroll reports), studies, or other documents relating to the
disbursements charged to City and the Services performed hereunder (the "Books and
Records"), as shall be necessary to perform the Services required by this Agreement and
enable the Contract Officer, or assigned designee, to evaluate the performance of such
Services. Any and all such Books and Records shall be maintained in accordance with
generally accepted accounting principles and shall be complete and detailed. The
Contract Officer, or assigned designee, shall have full and free access to such Books
and Records at all times during normal business hours of City, including the right to
inspect, copy, audit, and make records and transcripts from such Books and Records.
Such Books and Records shall be maintained for a period of three (3) years following
completion of the Services hereunder, and City shall have access to such Books and
Records in the event any audit is required. In the event of dissolution of Contracting
Party's business, custody of the Books and Records may be given to City, and access
shall be provided by Contracting Party's successor in interest. Under California
Government Code Section 8546.7, if the amount of public funds expended under this
Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject
to the examination and audit of the State Auditor, at the request of City or as part of any
audit of City, for a period of three (3) years after final payment under this Agreement.
7.3 Ownership of Documents. All drawings, specifications, maps, designs,
photographs, studies, surveys, data, notes, computer files, reports, records, documents,
and other materials plans, drawings, estimates, test data, survey results, models,
renderings, and other documents or works of authorship fixed in any tangible medium of
expression, including but not limited to, physical drawings, digital renderings, or data
stored digitally, magnetically, or in any other medium prepared or caused to be prepared
by Contracting Party, its employees, subcontractors, and agents in the performance of
this Agreement (the "Documents and Materials") shall be the property of City and shall be
delivered to City upon request of the Contract Officer, or assigned designee, or upon
the expiration or termination of this Agreement, and Contracting Party shall have no claim
for further employment or additional compensation as a result of the exercise by City of
its full rights of ownership use, reuse, or assignment of the Documents and Materials
hereunder. Any use, reuse or assignment of such completed Documents and Materials
for other projects and/or use of uncompleted documents without specific written
authorization by Contracting Party will be at City's sole risk and without liability to
Contracting Party, and Contracting Party's guarantee and warranties shall not extend to
such use, revise, or assignment. 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
-8- 68
changes or alterations in said Documents and Materials, City hereby releases,
discharges, and exonerates Contracting Party from liability resulting from said change.
The provisions of this clause shall survive the termination or expiration of this Agreement
and shall thereafter remain in full force and effect.
7.5 Licensing of Intellectual Property. This Agreement creates a non-exclusive
and perpetual license for City to copy, use, modify, reuse, or sublicense any and all
copyrights, designs, rights of reproduction, and other intellectual property embodied in
the Documents and Materials. Contracting Party shall require all subcontractors, if any,
to agree in writing that City is granted a non-exclusive and perpetual license for the
Documents and Materials the subcontractor prepares under this Agreement. Contracting
Party represents and warrants that Contracting Party has the legal right to license any
and all of the Documents and Materials. Contracting Party makes no such representation
and warranty in regard to the Documents and Materials which were prepared by design
professionals other than Contracting Party or provided to Contracting Party by City. City
shall not be limited in any way in its use of the Documents and Materials at any time,
provided that any such use not within the purposes intended by this Agreement shall be
at City's sole risk.
7.6 Release of Documents. The Documents and Materials shall not be
released publicly without the prior written approval of the Contract Officer, or assigned
designee, or as required by law. Contracting Party shall not disclose to any other entity
or person any information regarding the activities of City, except as required by law or as
authorized by City.
7.7 Confidential or Personal Identifying Information. Contracting Party
covenants that all City data, data lists, trade secrets, documents with personal identifying
information, documents that are not public records, draft documents, discussion notes, or
other information, if any, developed or received by Contracting Party or provided for
performance of this Agreement are deemed confidential and shall not be disclosed by
Contracting Party to any person or entity without prior written authorization by City or
unless required by law. City shall grant authorization for disclosure if required by any
lawful administrative or legal proceeding, court order, or similar directive with the force of
law. All City data, data lists, trade secrets, documents with personal identifying
information, documents that are not 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
-9- 69
Contracting Party covenants and agrees to submit to the personal jurisdiction of such
court in the event of such action.
8.2 Disputes. In the event of any dispute arising under this Agreement, the
injured party shall notify the injuring party in writing of its contentions by submitting a claim
therefore. The injured party shall continue performing its obligations hereunder so long
as the injuring party commences to cure such default within ten (10) days of service of
such notice and completes the cure of such default within forty-five (45) days after service
of the notice, or such longer period as may be permitted by the Contract Officer, or
assigned designee; provided that if the default is an immediate danger to the health,
safety, or general welfare, City may take such immediate action as City deems warranted.
Compliance with the provisions of this Section shall be a condition precedent to
termination of this Agreement for cause and to any legal action, and such compliance
shall not be a waiver of any party's right to take legal action in the event that the dispute
is not cured, provided that nothing herein shall limit City's right to terminate this
Agreement without cause pursuant to this Article 8.0. During the period of time that
Contracting Party is in default, City shall hold all invoices and shall, when the default is
cured, proceed with payment on the invoices. In the alternative, City may, in its sole
discretion, elect to pay some or all of the outstanding invoices during any period of default.
8.3 Retention of Funds. City may withhold from any monies payable to
Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or
damages it reasonably believes were suffered by City due to the default of Contracting
Party in the performance of the Services required by this Agreement.
8.4 Waiver. No delay or omission in the exercise of any right or remedy of a
non -defaulting party on any default shall impair such right or remedy or be construed as
a waiver. City's consent or approval of any act 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
-10- 70
termination for cause. City reserves the right to terminate this Agreement at any time,
with or without cause, upon thirty (30) days' written notice to Contracting Party. Upon
receipt of any notice of termination, Contracting Party shall immediately cease all
Services hereunder except such as may be specifically approved by the Contract Officer,
or assigned designee. Contracting Party shall be entitled to compensation for all
Services rendered prior to receipt of the notice of termination and for any Services
authorized by the Contract Officer, or assigned designee, thereafter in accordance with
the Schedule of Compensation or such as may be approved by the Contract Officer, or
assigned designee, except amounts held as a retention pursuant to this Agreement.
8.8 Termination for Default of Contractina Partv. 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: Alfred Berumen
78495 Calle Tampico
La Quinta, California 92253
To Contracting Party:
Lozano's Painting, Inc.
Attention: Jose Lozano
33881 Pueblo Trail Apt A
Cathedral City, CA 92234
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.
-12-
72
10.3 Section Headings and Subheadings. The section headings and
subheadings contained in this Agreement are included for convenience only and shall not
limit or otherwise affect the terms of this Agreement.
10.4 Counterparts. This Agreement may be executed in counterparts, each of
which shall be deemed to be an original, and such counterparts shall constitute one and
the same instrument.
10.5 Integrated Agreement. This Agreement including the exhibits hereto is the
entire, complete, and exclusive expression of the understanding of the parties. It is
understood that there are no oral agreements between the parties hereto affecting this
Agreement and this Agreement supersedes and cancels any and all previous
negotiations, arrangements, agreements, and understandings, if any, between the
parties, and none shall be used to interpret this Agreement.
10.6 Amendment. No amendment to or modification of this Agreement shall be
valid unless made in writing and approved by Contracting Party and by the City Council
of City. The parties agree that this requirement for written modifications cannot be waived
and that any attempted waiver shall be void.
10.7 Severability. In the event that any one or more of the articles, phrases,
sentences, clauses, paragraphs, or sections contained in this Agreement shall be
declared invalid or unenforceable, such invalidity or unenforceability shall not affect any
of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this
Agreement which are hereby declared as severable and shall be interpreted to carry out
the intent of the parties hereunder unless the invalid provision is so material that its
invalidity deprives either party of the basic benefit of their bargain or renders this
Agreement meaningless.
10.8 Unfair Business Practices Claims. In entering into this Agreement,
Contracting Party offers and agrees to assign to City all rights, title, and interest in and to
all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or
under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of
Division 7 of the Business and Professions Code), arising from purchases of goods,
services, or materials related to this Agreement. This assignment shall be made and
become effective at the time City renders final payment to Contracting Party without
further acknowledgment of the parties.
10.9 No Third -Party Beneficiaries. With the exception of the specific provisions
set forth in this Agreement, there are no intended third -party beneficiaries under this
Agreement and no such other third parties shall have any rights or obligations hereunder.
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
-13- 73
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]
-14-
74
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
By:
Name: Jose Lozano
Title: CEO/President
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
By:_
Name:
Title:
-15- 75
Exhibit A
Scope of Services
Painting and refinishing services, including but not limited to paint maintenance and minor repair
services on an on -call, as -needed basis. The services and tasks to be performed include the
furnishing of all labor, materials, tools, equipment, supplies, tasks, and incidental and customary
work necessary to competently perform painting services and minor repair work at various City
facilities, projects and locations.
Examples of painting work include but are not limited to:
• Painting and general refinishing work of interior and exterior surfaces (drywall, stucco,
metal work, and woodwork)
• Repair, refinish, and repainting existing stucco finishes, metal fencing, light posts, metal
patio enclosures and handrail, wood trim and wood beams. To include all cracks, blemishes,
and voids
• Pressure wash all stucco, metal fencing, handrails, patio enclosures and any surfaces to
be painted
• Patch all stucco and wood cracks with approved exterior caulking or filler
• Apply (1) full coat of approved exterior or interior primer to work area
• Apply (2) full coats of approved interior or exterior paint to work area
• Other typical and common miscellaneous painting repairs and work
• The work should include all preparation, overspray protection, pressure washing, masking,
and patching unless otherwise stated by the City
• All materials to be used will be approved by the Facilities Superintendent
• All work shall be to applicable codes and to the satisfaction of the City
Please Note: Some services may require associated stucco, metal and wood structure patching
or repair (through contractor's forces or use of subcontractors).
Exhibit A
Page 1 of 4 Last revised summer 20�76
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 2 of 4
77
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 3 of 4
78
(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 ($1,000.00) as liquidated damages
for each working day of delay in the performance of any of the Services required
hereunder, as specified in the Schedule of Performance. In addition, liquidated damages
may be assessed for failure to comply with the emergency call out requirements, if any,
described in the Scope of Services. City may withhold from any moneys payable on
account of the Services performed by Contracting Party any accrued liquidated damages.
Exhibit A
Page 4 of 4
79
Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for in
Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting
Party under this Agreement is not to exceed One Hundred Fifty Thousand ($ 150,000.00)
per year for the life of the agreement, encompassing the Initial and any Extended Terms
("Contract Sum"). Contractor expressly acknowledges and agrees that the Contract Sum
in this Agreement is the annual aggregate total amount covering this Agreement, that
certain Agreement for Contract Services by and between the City and Color New Co of
or about even date as this Agreement, such that the Contract Sum as defined herein is
the maximum amount available for services provided under both agreements. The
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.
Complete Pricing List:
Straight time: $120 hourly
Overtime: $180 hourly
Holiday & Sunday: $200 hourly
Free Estimates
Initial Term:
"Not to exceed" Year 1: $150,000.00
"Not to exceed" Year 2: $150,000.00
"Not to exceed" Year 3: $150,000.00
Possible Extended Term:
"Not to exceed" Year 4: $150,000.00
"Not to exceed" Year 5: $150,000.00
Exhibit B
Page 1 of 1
:1
Exhibit C
Schedule of Performance
Contracting Party shall complete all services identified in the Scope of Services,
Exhibit A of this Agreement, as requested by City within the time allowed by the total
contract sum.
Exhibit C
Page 1 of 1 81
None
Exhibit D
Special Requirements
Exhibit D
Page 1 of 1
E:y,
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
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
Exhibit E
Page 1 of 5
83
person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer
or semi -trailer designed for travel on public roads. The automobile insurance policy shall
contain a severability of interest clause providing that coverage shall be primary for losses
arising out of Contracting Party's performance hereunder and neither City nor its insurers
shall be required to contribute to such loss.
Contracting Party shall carry Workers' Compensation Insurance in
accordance with State Worker's Compensation laws with employer's liability limits no less
than $1,000,000 per accident or disease.
If coverage is maintained on a claims -made basis, Contracting Party shall maintain such
coverage for an additional period of three (3) years following termination of the contract.
Contracting Party shall provide written notice to City within ten (10) working
days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the
required polices are reduced; or (3) the deductible or self -insured retention is increased.
In the event any of said policies of insurance are cancelled, Contracting Party shall, prior
to the cancellation date, submit new evidence of insurance in conformance with this
Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies
or certificates evidencing the same shall not be construed as a limitation of Contracting
Party's obligation to indemnify City, its officers, employees, contractors, subcontractors,
or agents.
E.2 Remedies. In addition to any other remedies City may have if Contracting
Party fails to provide or maintain any insurance policies or policy endorsements to the
extent and within the time herein required, City may, at its sole option:
a. Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under this Agreement.
b. Order Contracting Party to stop work under this Agreement and/or
withhold any payment(s) which become due to Contracting Party hereunder until
Contracting Party demonstrates compliance with the requirements hereof.
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.
Exhibit E
Page 2 of 5
84
E.3 General Conditions Pertaining to Provisions of Insurance Coverage by
Contracting Party. Contracting Party and City agree to the following with respect to
insurance provided by Contracting Party:
1. Contracting Party agrees to have its insurer endorse the third party general
liability coverage required herein to include as additional insureds City, its officials,
employees, and agents, using standard ISO endorsement No. CG 2010 with an edition
prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors
to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall
prohibit Contracting Party, or Contracting Party's employees, or agents, from waiving the
right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights
against City regardless of the applicability of any insurance proceeds, and to require all
contractors and subcontractors to do likewise.
3. All insurance coverage and limits provided by Contracting Party and
available or applicable to this Agreement are intended to apply to the full extent of the
policies. Nothing contained in this Agreement or any other agreement relating to City or
its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these
requirements if they include any limiting endorsement of any kind that has not been first
submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve
to eliminate so-called "third party action over" claims, including any exclusion for bodily
injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification
and additional requirements by the City, as the need arises. Contracting Party shall not
make any reductions in scope of coverage (e.g. elimination of contractual liability or
reduction of discovery period) that may affect City's protection without City's prior written
consent.
7. Proof of compliance with these insurance requirements, consisting of
certificates of insurance evidencing all the coverages required and an additional insured
endorsement to Contracting Party's general liability policy, shall be delivered to City at or
prior to the execution of this Agreement. In 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
Exhibit E
Page 3 of 5
85
to apply first and on a primary, non-contributing basis in relation to any other insurance
or self-insurance available to City.
9. Contracting Party agrees to ensure that subcontractors, and any other party
involved with the project that is brought onto or involved in the project by Contracting
Party, provide the same minimum insurance coverage required of Contracting Party.
Contracting Party agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Contracting Party agrees that upon request, all agreements
with subcontractors and others engaged in the project will be submitted to City for review.
10. Contracting Party agrees not to self -insure or to use any self -insured
retentions or deductibles on any portion of the insurance required herein (with the
exception of professional liability coverage, if required) and further agrees that it will not
allow any contractor, subcontractor, Architect, Engineer or other entity or person in any
way involved in the performance of work on the project contemplated by this agreement
to self -insure its obligations to City. If Contracting Party's existing coverage includes a
deductible or self -insured retention, the deductible or self -insured retention must be
declared to the City. At that time the City shall review options with the Contracting Party,
which may include reduction or elimination of the deductible or self -insured retention,
substitution of other coverage, or other solutions.
11. The City reserves the right at any time during the term of this Agreement to
change the amounts and types of insurance required by giving the Contracting Party
ninety (90) days advance written notice of such change. If such change results in
substantial additional cost to the Contracting Party, the City will negotiate additional
compensation proportional to the increased benefit to City.
12. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto taking any steps that
can be deemed to be in furtherance of or towards performance of this Agreement.
13. Contracting Party acknowledges and agrees that any actual or alleged
failure on the part of City to inform Contracting Party of non-compliance with any
insurance requirement in no way imposes any additional obligations on City nor does it
waive any rights hereunder in this or any other regard.
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
Exhibit E
Page 4 of 5
86
Contracting Party's insurance agent to this effect is acceptable. A certificate of insurance
and an additional insured endorsement is required in these specifications applicable to
the renewing or new coverage must be provided to City within five (5) days of the
expiration of coverages.
16. The provisions of any workers' compensation or similar act will not limit the
obligations of Contracting Party under this agreement. Contracting Party expressly
agrees not to use any statutory immunity defenses under such laws with respect to City,
its employees, officials, and agents.
17. Requirements of specific coverage features, or limits contained in this
section are not intended as limitations on coverage, limits or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference to a
given coverage feature is for purposes of clarification only as it pertains to a given issue
and is not intended by any party or insured to be limiting or all-inclusive.
18. These insurance requirements are intended to be separate and distinct from
any other provision in this Agreement and are intended by the parties here to be
interpreted as such.
19. The requirements in this Exhibit supersede all other sections and provisions
of this Agreement to the extent that any other section or provision conflicts with or impairs
the provisions of this Exhibit.
20. Contracting Party agrees to be responsible for ensuring that no contract
used by any party involved in any way with the project reserves the right to charge City
or Contracting Party for the cost of additional insurance coverage required by this
agreement. Any such provisions are to be deleted with reference to City. It is not the
intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against City for payment of premiums or other
amounts with respect thereto.
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 5 of 5
87
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
88
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 2 of 2
89
ATTACHMENT 2
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 Color New Co, with a place of business at 22855 Califa St., Woodland
Hills, CA 91367 ("Contracting Party"). The parties hereto agree as follows:
1. SERVICES OF CONTRACTING PARTY.
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Contracting Party shall provide those services related to on -call painting and
refinishing 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
.o
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.
-2-
91
1.8 Special Requirements. Additional terms and conditions of this Agreement,
if any, which are made a part hereof are set forth in "Exhibit D" (the "Special
Requirements"), which is incorporated herein by this reference and expressly made a part
hereof. In the event of a conflict between the provisions of the Special Requirements and
any other provisions of this Agreement, the provisions of the Special Requirements shall
govern.
2. COMPENSATION.
2.1 Contract Sum. For the Services rendered pursuant to this Agreement,
Contracting Party shall be compensated in accordance with "Exhibit B" (the "Schedule of
Compensation") in a total amount not to exceed One Hundred Fifty Thousand Dollars
($150,000.00) per year, for the life of the Agreement, encompassing the Initial and any
Extended Terms (the "Contract Sum"), except as provided in Section 1.7. Contractor
expressly acknowledges and agrees that the Contract Sum in this Agreement is the
annual aggregate total amount covering this Agreement, that certain Agreement for
Contract Services by and between the City and Lozano's Painting, Inc. of or about even
date as this Agreement, such that the Contract Sum as defined herein is the maximum
amount available for services provided under both agreements. The method of
compensation set forth in the Schedule of Compensation may include a lump sum
payment upon completion, payment in accordance with the percentage of completion of
the Services, payment for time and materials based upon Contracting Party's rate
schedule, but not exceeding the Contract Sum, or such other reasonable methods as may
be specified in the Schedule of Compensation. The Contract Sum shall include the
attendance of Contracting Party at all project meetings reasonably deemed necessary by
City; Contracting Party shall not be entitled 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.
-3- 92
2.3 Compensation for Additional Services. Additional Services approved in
advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this
Agreement shall be paid for in an amount agreed to in writing by both City and Contracting
Party in advance of the Additional Services being rendered by Contracting Party. Any
compensation for Additional Services amounting to five percent (5%) or less of the
Contract Sum may be approved by the Contract Officer, or assigned designee. Any
greater amount of compensation for Additional Services must be approved by the La
Quinta City Council, the City Manager, or Department Director, depending upon City laws,
regulations, rules and procedures concerning public contracting. Under no circumstances
shall Contracting Party receive compensation for any Additional Services unless prior
written approval for the Additional Services is obtained from the Contract Officer, or
assigned designee, pursuant to Section 1.7 of this Agreement.
3. PERFORMANCE SCHEDULE.
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement. If the Services not completed in accordance with the Schedule of
Performance, as set forth in Section 3.2 and "Exhibit C", it is understood that the City will
suffer damage.
3.2 Schedule of Performance. All Services rendered pursuant to this
Agreement shall be performed diligently and within the time period established in "Exhibit
C" (the "Schedule of Performance"). Extensions to the time period specified in the
Schedule of Performance may be approved in writing by the Contract Officer, or
assigned designee.
3.3 Force Majeure. The time period specified in the Schedule of Performance
for performance of the Services rendered pursuant to this Agreement shall be extended
because of any delays due to unforeseeable causes beyond the control and without the
fault or negligence of Contracting Party, including, but not restricted to, acts of God or of
the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots,
strikes, freight embargoes, acts of any governmental agency other than City, and
unusually severe weather, if Contracting Party shall within ten (10) days of the
commencement of such delay notify the Contract Officer, or assigned designee, in
writing of the causes of the delay. The Contract Officer, or assigned designee, shall
ascertain the facts and the extent of delay, and extend the time for performing the
Services for the period of the forced delay when and if in the Contract Officer's judgment
such delay is justified, and the Contract Officer's determination, or assigned designee,
shall be final and conclusive upon the parties to this Agreement. Extensions to time
period in the Schedule of Performance which are determined by the Contract Officer, or
assigned designee, to be justified pursuant to this Section shall not entitle the
Contracting Party to additional compensation in excess of the Contract Sum.
3.4 Term. Unless earlier terminated in accordance with the provisions in
Article 8.0 of this Agreement, the term of this agreement shall commence on July 1, 2024,
and terminate on June 30, 2027 ("Initial Term"). This Agreement may be extended for
-4-
93
two additional year(s) upon mutual agreement by both parties ("Extended Term"), and
executed in writing.
4. COORDINATION OF WORK.
4.1 Representative of Contracting Party. The following principals of Contracting
Party ("Principals") are hereby designated as being the principals and representatives of
Contracting Party authorized to act in its behalf with respect to the Services specified
herein and make all decisions in connection therewith:
(a) Louis Loizu
Color New Co
Telephone No.: (818) 884-0856
Email: colornewco@yahoo.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 Bryan
McKinney, PE, Public Works Director/City Engineer, or assigned designee may
be designated in writing by the City Manager of the City. It shall be Contracting Party's
responsibility to assure that the Contract Officer, or assigned designee, is kept informed
of the progress of the performance of the Services, and Contracting Party shall refer any
decisions, that must be made by City to the Contract Officer, or assigned designee.
Unless otherwise specified herein, any approval of City required hereunder shall mean
the approval of the Contract Officer, or assigned designee. The Contract Officer, or
assigned designee, shall have authority to sign all documents on behalf of City required
hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability, and reputation of Contracting Party, its principals, and its
employees were a substantial inducement for City to enter into this Agreement. Except
as set forth in this Agreement, Contracting Party shall not contract or subcontract with
any other entity to perform in whole or in part the Services required hereunder without the
express written approval of City. In addition, neither this Agreement nor any interest
herein may be transferred, assigned, conveyed, hypothecated, or encumbered,
voluntarily or by operation of law, without the prior written approval of City. Transfers
restricted hereunder shall include the transfer to any person or group of persons acting in
concert of more than twenty five percent (25%) of the present ownership and/or control
of Contracting Party, taking all transfers into account on a cumulative basis. Any
attempted or purported assignment or contracting or subcontracting by Contracting Party
without City's express written approval shall be null, void, and of no effect. No approved
-5- 94
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.
-6- 95
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
-7-
96
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.
-8- 97
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
-9- 98
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
-10- 99
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:
CITY OF LA QUINTA
Attention: Alfred Berumen
To Contracting Party:
Color New Co
Attention: Louis Loizu
78495 Calle Tampico 22855 Califa St.
La Quinta, California 92253 Woodland Hills, CA 91367
10.2 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of this Agreement or any other rule of
construction which might otherwise apply.
10.3 Section Headings and Subheadings. The section headings and
subheadings contained in this Agreement are included for convenience only and shall not
limit or otherwise affect the terms of this Agreement.
10.4 Counterparts. This Agreement may be executed in counterparts, each of
which shall be deemed to be an original, and such counterparts shall constitute one and
the same instrument.
10.5 Integrated Agreement. This Agreement including the exhibits hereto is the
entire, complete, and exclusive expression of the understanding of the parties. It is
understood that there are no oral agreements between the parties hereto affecting this
Agreement and this Agreement supersedes and cancels any and all previous
negotiations, arrangements, agreements, and understandings, if any, between the
parties, and none shall be used to interpret this Agreement.
10.6 Amendment. No amendment to or modification of this Agreement shall be
valid unless made in writing and approved by Contracting Party and by the City Council
of City. The parties agree that this requirement for written modifications cannot be waived
and that any attempted waiver shall be void.
10.7 Severability. In the event that any one or more of the articles, phrases,
sentences, clauses, paragraphs, or sections contained in this Agreement shall be
declared invalid or unenforceable, such invalidity or unenforceability shall not affect any
of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this
Agreement which are hereby declared as severable and shall be interpreted to carry out
the intent of the parties hereunder unless the invalid provision is so material that its
invalidity deprives either party of the basic benefit of their bargain or renders this
Agreement meaningless.
10.8 Unfair Business Practices Claims. In entering into this Agreement,
Contracting Party offers and agrees to assign to City all rights, title, and interest in and to
all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or
under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of
Division 7 of the Business and Professions Code), arising from purchases of goods,
services, or materials related to this Agreement. This assignment shall be made and
become effective at the time City renders final payment to Contracting Party without
further acknowledgment of the parties.
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
By:
Name: Louis Loizu
Title: Owner
JON McMILLEN, City Manager
City of La Quinta, California
Dated:
ATTEST: By:_
Name:
Title:
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
-14-
103
Exhibit A
Scope of Services
Painting and refinishing services, including but not limited to paint maintenance and minor repair
services on an on -call, as -needed basis. The services and tasks to be performed include the
furnishing of all labor, materials, tools, equipment, supplies, tasks, and incidental and customary
work necessary to competently perform painting services and minor repair work at various City
facilities, projects and locations.
Examples of painting work include but are not limited to:
• Painting and general refinishing work of interior and exterior surfaces (drywall, stucco,
metal work, and woodwork)
• Repair, refinish, and repainting existing stucco finishes, metal fencing, light posts, metal
patio enclosures and handrail, wood trim and wood beams. To include all cracks, blemishes,
and voids
• Pressure wash all stucco, metal fencing, handrails, patio enclosures and any surfaces to
be painted
• Patch all stucco and wood cracks with approved exterior caulking or filler
• Apply (1) full coat of approved exterior or interior primer to work area
• Apply (2) full coats of approved interior or exterior paint to work area
• Other typical and common miscellaneous painting repairs and work
• The work should include all preparation, overspray protection, pressure washing, masking,
and patching unless otherwise stated by the City
• All materials to be used will be approved by the Facilities Superintendent
• All work shall be to applicable codes and to the satisfaction of the City
Please Note: Some services may require associated stucco, metal and wood structure patching
or repair (through contractor's forces or use of subcontractors).
Exhibit A
Page 1 of 4 Last revised summer 2%4
ADDENDUM TO AGREEMENT
Re: Scope of Services
If the Scope of Services include construction, alteration, demolition, installation,
repair, or maintenance affecting real property or structures or improvements of any kind
appurtenant to real property, the following apply:
1. Prevailing Wage Compliance. If Contracting Party is a contractor
performing public works and maintenance projects, as described in this Section 1.3,
Contracting Party shall comply with applicable Federal, State, and local laws. Contracting
Party is aware of the requirements of California Labor Code Sections 1720, et seq., and
1770, et seq., as well as California Code of Regulations, Title 8, Sections 16000, et seq.,
(collectively, the "Prevailing Wage Laws"), and La Quinta Municipal Code
Section 3.12.040, which require the payment of prevailing wage rates and the
performance of other requirements on "Public works" and "Maintenance" projects. If the
Services are being performed as part of an applicable "Public works" or "Maintenance"
project, as defined by the Prevailing Wage Laws, and if construction work over twenty-
five thousand dollars ($25,000.00) and/or alterations, demolition, repair or maintenance
work over fifteen thousand dollars ($15,000.00) is entered into or extended on or after
January 1, 2015 by this Agreement, Contracting Party agrees to fully comply with such
Prevailing Wage Laws including, but not limited to, requirements related to the
maintenance of payroll records and the employment of apprentices. Pursuant to
California Labor Code Section 1725.5, no contractor or subcontractor may be awarded a
contract for public work on a "Public works" project unless registered with the California
Department of Industrial Relations ("DIR") at the time the contract is awarded. If the
Services are being performed as part of an applicable "Public works" or "Maintenance"
project, as defined by the Prevailing Wage Laws, this project is subject to compliance
monitoring and enforcement by the DIR. Contracting Party will maintain and will require
all subcontractors to maintain valid and current DIR Public Works contractor registration
during the term of this Agreement. Contracting Party shall notify City in writing
immediately, and in no case more than twenty-four (24) hours, after receiving any
information that Contracting Party's or any of its subcontractor's DIR registration status
has been suspended, revoked, expired, or otherwise changed. It is understood that it is
the responsibility of Contracting Party to determine the correct salary scale. Contracting
Party shall make copies of the prevailing rates of per diem wages for each craft,
classification, or type of worker needed to execute the Services available to interested
parties upon request, and shall post copies at Contracting Party's principal place of
business and at the project site, if any. The statutory penalties for failure to pay prevailing
wage or to comply with State wage and hour laws will be enforced. Contracting Party
must forfeit to City TWENTY-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 2 of 4
105
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 3 of 4
106
(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 ($1,000.00) as liquidated damages
for each working day of delay in the performance of any of the Services required
hereunder, as specified in the Schedule of Performance. In addition, liquidated damages
may be assessed for failure to comply with the emergency call out requirements, if any,
described in the Scope of Services. City may withhold from any moneys payable on
account of the Services performed by Contracting Party any accrued liquidated damages.
Exhibit A
Page 4 of 4
107
Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for in
Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting
Party under this Agreement is not to exceed One Hundred Fifty Thousand ($ 150,000.00)
per year, for the life of the Agreement, encompassing the Initial and any Extended Terms
("Contract Sum"). Contractor expressly acknowledges and agrees that the Contract Sum
in this Agreement is the annual aggregate total amount covering this Agreement, that
certain Agreement for Contract Services by and between the City and Lozano's Painting,
Inc. of or about even date as this Agreement, such that the Contract Sum as defined
herein is the maximum amount available for services provided under both agreements.
The 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.
Hourly Rates — Labor
Item 1: Painter —
Straight Time $160.00
Item 2: Painter —
Overtime $210.00
Item 3: Painter —
Holiday $280.00
Item 4: Painter —
Sunday $280.00
NOTE: Rates are subject to change due to prevailing wage changes.
Material
Item 1: Invoice Cost + 15%
Initial Term:
"Not to exceed" Year 1: $150,000.00
"Not to exceed" Year 2: $150,000.00
"Not to exceed" Year 3: $150,000.00
Possible Extended Term:
"Not to exceed" Year 4: $150,000.00
"Not to exceed" Year 5: $150,000.00
Exhibit B
Page 1 of 1
108
Exhibit C
Schedule of Performance
Contracting Party shall complete all services identified in the Scope of Services,
Exhibit A of this Agreement, as requested by City within the time allowed by the total
contract sum.
Exhibit C
Page 1 of 1
109
None
Exhibit D
Special Requirements
Exhibit D
Page 1 of 1
110
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
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
Exhibit E
Page 1 of 5
111
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.
a.
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
Exhibit E
Page 2 of 5
112
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
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
Exhibit E
Page 3 of 5
113
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.
16. The provisions of any workers' compensation or similar act will not limit the
obligations of Contracting Party under this agreement. Contracting Party expressly
Exhibit E
Page 4 of 5
114
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 5 of 5
115
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
116
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 2 of 2
117
118
CONSENT CALENDAR ITEM NO. 7
City of La Quinta
CITY COUNCIL MEETING: June 18, 2024
STAFF REPORT
AGENDA TITLE: APPROVE AGREEMENTS FOR CONTRACT SERVICES WITH HR
GREEN PACIFIC AND NV5, INC. FOR ON -CALL PUBLIC WORKS DEVELOPMENT
PLAN CHECK SERVICES
RECOMMENDATION
Approve agreements for contract services with HR Green Pacific and NV5, Inc. for on -call
public works development plan check services; and authorize the City Manager to execute
the agreements.
EXECUTIVE SUMMARY
• The Public Works Development Services Division uses on -call plan check
consultants during peak workloads.
• Staff solicited proposals for on -call public works development services through the
competitive Request for Proposals (RFP) process completed in May 2024. HR
Green Pacific and NV5, Inc. were the best qualified firms to provide these services.
• Each agreement would be approved for a combined amount not to exceed $100,000
per fiscal year (FY) for an initial three-year term, with an optional two-year extended
term, which provides the flexibility to use one or both firms depending on work
demand.
FISCAL IMPACT
Annual combined compensation is $100,000 per FY. Funds will be budgeted each FY in
the Public Works Development Plan Checking account 101-7002-60183 through the term
of the agreements.
BACKGROUND/ANALYSIS
In May 2024, staff published an RFP, and five proposals were received. The selection
committee reviewed the proposals and selected HR Green Pacific and NV5, Inc. as the
most qualified firms.
The proposed agreements with HR Green Pacific (Attachment 1) and NV5, Inc.
(Attachment 2) are for a three (3)-year term, beginning July 1, 2024, through June 30,
119
2027, at a combined not to exceed compensation amount of $100,000 per FY, with an
option to extend for one additional two-year term (extended term).
kLTERNATIVES
Council may elect not to approve or to modify the agreement.
Prepared by: Carley Escarrega, Administrative Technician
Amy Yu, Associate Engineer
Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer
Attachments: 1. Agreement for Contract Services with HR Green
2. Agreement for Contract Services with NV5, Inc.
120
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 HR Green Pacific, A Corporation, with a place of business at 44651
Village Court, Suite 123, Palm Desert, CA 92260 ("Contracting Party"). The parties hereto
agree as follows:
1. SERVICES OF CONTRACTING PARTY.
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Contracting Party shall provide those services related to On -Call Public
Works Development Plan Check, as specified in the "Scope of Services" attached hereto
as "Exhibit A" and incorporated herein by this reference (the "Services"). Contracting
Party represents and warrants that Contracting Party is a provider of first-class work
and/or services and Contracting Party is experienced in performing the Services
contemplated herein and, in light of such status and experience, Contracting Party
covenants that it shall follow industry standards in performing the Services required
hereunder, and that all materials, if any, will be of good quality, fit for the purpose
intended. For purposes of this Agreement, the phrase "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.
121
1.5 Familiarity with Work. By executing this Agreement, Contracting Party
warrants that (a) it has thoroughly investigated and considered the Services to be
performed, (b) it has investigated the site where the Services are to be performed, if any,
and fully acquainted itself with the conditions there existing, (c) it has carefully considered
how the Services should be performed, and (d) it fully understands the facilities,
difficulties, and restrictions attending performance of the Services under this Agreement.
Should Contracting Party discover any latent or unknown conditions materially differing
from those inherent in the Services or as represented by City, Contracting Party shall
immediately inform City of such fact and shall not proceed except at Contracting Party's
risk until written instructions are received from the Contract Officer, or assigned
designee (as defined in Section 4.2 hereof).
1.6 Standard of Care. Contracting Party acknowledges and understands that
the Services contracted for under this Agreement require specialized skills and abilities
and that, consistent with this understanding, Contracting Party's work will be held to an
industry standard of quality and workmanship. Consistent with Section 1.5 hereinabove,
Contracting Party represents to City that it holds the necessary skills and abilities to satisfy
the industry standard of quality as set forth in this Agreement. Contracting Party shall
adopt reasonable methods during the life of this Agreement to furnish continuous
protection to the Services performed by Contracting Party, and the equipment, materials,
papers, and other components thereof to prevent losses or damages, and shall be
responsible for all such damages, to persons or property, until acceptance of the Services
by City, except such losses or damages as may be caused by City's own negligence.
The performance of Services by Contracting Party shall not relieve Contracting Party from
any obligation to correct any incomplete, inaccurate, or defective work at no further cost
to City, when such inaccuracies are due to the negligence of Contracting Party.
1.7 Additional Services. In accordance with the terms and conditions of this
Agreement, Contracting Party shall perform services in addition to those specified in the
Scope of Services ("Additional Services") only when directed to do so by the Contract
Officer, or assigned designee, provided that Contracting Party shall not be required to
perform any Additional Services without compensation. Contracting Party shall not
perform any Additional Services until receiving prior written authorization (in the form of
a written change order if Contracting Party is a contractor performing the Services) from
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.
-2- 122
Compensation for properly authorized Additional Services shall be made in accordance
with Section 2.3 of this Agreement.
1.8 Special Requirements. Additional terms and conditions of this Agreement,
if any, which are made a part hereof are set forth in "Exhibit D" (the "Special
Requirements"), which is incorporated herein by this reference and expressly made a part
hereof. In the event of a conflict between the provisions of the Special Requirements and
any other provisions of this Agreement, the provisions of the Special Requirements shall
govern.
2. COMPENSATION.
2.1 Contract Sum. For the Services rendered pursuant to this Agreement,
Contracting Party shall be compensated in accordance with "Exhibit B" (the "Schedule of
Compensation") in a total amount not to exceed One Hundred Thousand Dollars
($100,000.00) per year for the life of the Agreement, encompassing the Initial and any
Extended Terms (the "Contract Sum"), except as provided in Section 1.7. Contractor
expressly acknowledges and agrees that the Contract Sum in this Agreement is the annal
aggregate total amount covering this Agreement, that certain Agreement for Contract
Services by and between the City and NV5, Inc., of or about even date as this Agreement,
such that the Contract Sum as defined herein is the maximum amount available for
services provided under both agreements. The method of compensation set forth in the
Schedule of Compensation may include a lump sum payment upon completion, payment
in accordance with the percentage of completion of the Services, payment for time and
materials based upon Contracting Party's rate schedule, but not exceeding the Contract
Sum, or such other reasonable methods as may be specified in the Schedule of
Compensation. The Contract Sum shall include the attendance of Contracting Party at
all project meetings reasonably deemed necessary by City; Contracting Party shall not
be entitled 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
_g_ 123
this Agreement no later than thirty (30) days after invoices are received by the City's
Finance Department.
2.3 Compensation for Additional Services. Additional Services approved in
advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this
Agreement shall be paid for in an amount agreed to in writing by both City and Contracting
Party in advance of the Additional Services being rendered by Contracting Party. Any
compensation for Additional Services amounting to five percent (5%) or less of the
Contract Sum may be approved by the Contract Officer, or assigned designee. Any
greater amount of compensation for Additional Services must be approved by the La
Quinta City Council, the City Manager, or Department Director, depending upon City laws,
regulations, rules and procedures concerning public contracting. Under no circumstances
shall Contracting Party receive compensation for any Additional Services unless prior
written approval for the Additional Services is obtained from the Contract Officer, or
assigned designee, pursuant to Section 1.7 of this Agreement.
3. PERFORMANCE SCHEDULE.
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement. If the Services not completed in accordance with the Schedule of
Performance, as set forth in Section 3.2 and "Exhibit C", it is understood that the City will
suffer damage.
3.2 Schedule of Performance. All Services rendered pursuant to this
Agreement shall be performed diligently and within the time period established in "Exhibit
C" (the "Schedule of Performance"). Extensions to the time period specified in the
Schedule of Performance may be approved in writing by the Contract Officer, or
assigned designee.
3.3 Force Maieure. 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.
_4_ 124
3.4 Term. Unless earlier terminated in accordance with the provisions in
Article 8.0 of this Agreement, the term of this agreement shall commence on July 1, 2024,
and terminate on June 30, 2027 ("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.
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) Tina York, PE
Telephone No.: (760) 262-4317
Email: tyork@hrgreen.com
(b) George Wentz, PE, Vice President
Telephone No.: (855) 900-4742
Email: gwentz@hrgreen.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 Bryan
McKinney, PE, Public Works Director/City Engineer, or assigned designee may
be designated in writing by the City Manager of the City. It shall be Contracting Party's
responsibility to assure that the Contract Officer, or assigned designee, is kept informed
of the progress of the performance of the Services, and Contracting Party shall refer any
decisions, that must be made by City to the Contract Officer, or assigned designee.
Unless otherwise specified herein, any approval of City required hereunder shall mean
the approval of the Contract Officer, or assigned designee. The Contract Officer, or
assigned designee, shall have authority to sign all documents on behalf of City required
hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability, and reputation of Contracting Party, its principals, and its
employees were a substantial inducement for City to enter into this Agreement. Except
as set forth in this Agreement, Contracting Party shall not contract or subcontract with
any other entity to perform in whole or in part the Services required hereunder without the
express written approval of City. In addition, neither this Agreement nor any interest
herein may be transferred, assigned, conveyed, hypothecated, or encumbered,
-5- 125
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 ("PERS") as an employee of City and entitlement to any contribution
to be paid by City for employer contributions and/or employee contributions for PERS
benefits. Contracting Party agrees to pay all required taxes on amounts paid to
Contracting Party under this Agreement, and to indemnify and hold City harmless from
any and all taxes, assessments, penalties, and interest asserted against City by reason
of the independent contractor relationship created by this Agreement. Contracting Party
shall fully comply with the workers' compensation laws regarding Contracting Party and
Contracting Party's employees. Contracting Party further agrees to indemnify and hold
City harmless from any failure of Contracting Party to comply with applicable workers'
compensation laws. City shall have the right to offset against the amount of any payment
due to Contracting Party under this Agreement any amount due to City from Contracting
Party as a result of Contracting Party's failure to promptly pay to City any reimbursement
or indemnification arising under this Section.
_g_ 126
4.5 Identity of Persons Performing Work. Contracting Party represents that it
employs or will employ at its own expense all personnel required for the satisfactory
performance of any and all of the Services set forth herein. Contracting Party represents
that the Services required herein will be performed by Contracting Party or under its direct
supervision, and that all personnel engaged in such work shall be fully qualified and shall
be authorized and permitted under applicable State and local law to perform such tasks
and services.
4.6 City Cooperation. City shall provide Contracting Party with any plans,
publications, reports, statistics, records, or other data or information pertinent to the
Services to be performed hereunder which are reasonably available to Contracting Party
only from or through action by City.
5. INSURANCE.
5.1 Insurance. Prior to the beginning of any Services under this Agreement and
throughout the duration of the term of this 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 a
endorsements
performance.
Dng with all required endorsements. Certificate of Insurance and
must be approved by Agency's Risk Manager prior to commencement of
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
-7-
127
thereto and, if Contracting Party is providing design services, the estimated increased or
decreased cost estimate for the project being designed.
7.2 Records. Contracting Party shall keep, and require any subcontractors to
keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports
(including but not limited to payroll reports), studies, or other documents relating to the
disbursements charged to City and the Services performed hereunder (the "Books and
Records"), as shall be necessary to perform the Services required by this Agreement and
enable the Contract Officer, or assigned designee, to evaluate the performance of such
Services. Any and all such Books and Records shall be maintained in accordance with
generally accepted accounting principles and shall be complete and detailed. The
Contract Officer, or assigned designee, shall have full and free access to such Books
and Records at all times during normal business hours of City, including the right to
inspect, copy, audit, and make records and transcripts from such Books and Records.
Such Books and Records shall be maintained for a period of three (3) years following
completion of the Services hereunder, and City shall have access to such Books and
Records in the event any audit is required. In the event of dissolution of Contracting
Party's business, custody of the Books and Records may be given to City, and access
shall be provided by Contracting Party's successor in interest. Under California
Government Code Section 8546.7, if the amount of public funds expended under this
Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject
to the examination and audit of the State Auditor, at the request of City or as part of any
audit of City, for a period of three (3) years after final payment under this Agreement.
7.3 Ownership of Documents. All drawings, specifications, maps, designs,
photographs, studies, surveys, data, notes, computer files, reports, records, documents,
and other materials plans, drawings, estimates, test data, survey results, models,
renderings, and other documents or works of authorship fixed in any tangible medium of
expression, including but not limited to, physical drawings, digital renderings, or data
stored digitally, magnetically, or in any other medium prepared or caused to be prepared
by Contracting Party, its employees, subcontractors, and agents in the performance of
this Agreement (the "Documents and Materials") shall be the property of City and shall be
delivered to City upon request of the Contract Officer, or assigned designee, or upon
the expiration or termination of this Agreement, and Contracting Party shall have no claim
for further employment or additional compensation as a result of the exercise by City of
its full rights of ownership use, reuse, or assignment of the Documents and Materials
hereunder. Any use, reuse or assignment of such completed Documents and 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.
-8- 128
7.4 In the event City or any person, firm, or corporation authorized by City
reuses said Documents and Materials without written verification or adaptation by
Contracting Party for the specific purpose intended and causes to be made or makes any
changes or alterations in said Documents and Materials, City hereby releases,
discharges, and exonerates Contracting Party from liability resulting from said change.
The provisions of this clause shall survive the termination or expiration of this Agreement
and shall thereafter remain in full force and effect.
7.5 Licensing of Intellectual Property. This Agreement creates a non-exclusive
and perpetual license for City to copy, use, modify, reuse, or sublicense any and all
copyrights, designs, rights of reproduction, and other intellectual property embodied in
the Documents and Materials. Contracting Party shall require all subcontractors, if any,
to agree in writing that City is granted a non-exclusive and perpetual license for the
Documents and Materials the subcontractor prepares under this Agreement. Contracting
Party represents and warrants that Contracting Party has the legal right to license any
and all of the Documents and Materials. Contracting Party makes no such representation
and warranty in regard to the Documents and Materials which were prepared by design
professionals other than Contracting Party or provided to Contracting Party by City. City
shall not be limited in any way in its use of the Documents and Materials at any time,
provided that any such use not within the purposes intended by this Agreement shall be
at City's sole risk.
7.6 Release of Documents. The Documents and Materials shall not be
released publicly without the prior written approval of the Contract Officer, or assigned
designee, or as required by law. Contracting Party shall not disclose to any other entity
or person any information regarding the activities of City, except as required by law or as
authorized by City.
7.7 Confidential or Personal Identifying Information. Contracting Party
covenants that all City data, data lists, trade secrets, documents with personal identifying
information, documents that are not public records, draft documents, discussion notes, or
other information, if any, developed or received by Contracting Party or provided for
performance of this Agreement are deemed confidential and shall not be disclosed by
Contracting Party to any person or entity without prior written authorization by City or
unless required by law. City shall grant authorization for disclosure if required by any
lawful administrative or legal proceeding, court order, or similar directive with the force of
law. All City data, data lists, trade secrets, documents with personal identifying
information, documents that are not 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
-g- 129
out of or in relation to this Agreement shall be instituted in the Superior Court of the County
of Riverside, State of California, or any other appropriate court in such county, and
Contracting Party covenants and agrees to submit to the personal jurisdiction of such
court in the event of such action.
8.2 Disputes. In the event of any dispute arising under this Agreement, the
injured party shall notify the injuring party in writing of its contentions by submitting a claim
therefore. The injured party shall continue performing its obligations hereunder so long
as the injuring party commences to cure such default within ten (10) days of service of
such notice and completes the cure of such default within forty-five (45) days after service
of the notice, or such longer period as may be permitted by the Contract Officer, or
assigned designee; provided that if the default is an immediate danger to the health,
safety, or general welfare, City may take such immediate action as City deems warranted.
Compliance with the provisions of this Section shall be a condition precedent to
termination of this Agreement for cause and to any legal action, and such compliance
shall not be a waiver of any party's right to take legal action in the event that the dispute
is not cured, provided that nothing herein shall limit City's right to terminate this
Agreement without cause pursuant to this Article 8.0. During the period of time that
Contracting Party is in default, City shall hold all invoices and shall, when the default is
cured, proceed with payment on the invoices. In the alternative, City may, in its sole
discretion, elect to pay some or all of the outstanding invoices during any period of default.
8.3 Retention of Funds. City may withhold from any monies payable to
Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or
damages it reasonably believes were suffered by City due to the default of Contracting
Party in the performance of the Services required by this Agreement.
8.4 Waiver. No delay or omission in the exercise of any right or remedy of a
non -defaulting party on any default shall impair such right or remedy or be construed as
a waiver. City's consent or approval of any act by Contracting Party requiring City's
consent or approval shall not be deemed to waive or render unnecessary City's consent
to or approval of any subsequent act of Contracting Party. Any waiver by either party of
any default must be in writing and shall not be a waiver of any other default concerning
the same or any other provision of this Agreement.
8.5 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies
of the parties are cumulative and the exercise by either party of one or more of such rights
or remedies shall not preclude the exercise by it, at the same or different times, of any
other rights or remedies for the same default or any other default by the other party.
8.6 Legal Action. In addition to any other rights or remedies, either party may
take legal action, at law or at equity, to cure, correct, or remedy any default, to recover
damages for any default, to compel specific performance of this Agreement, to obtain
declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes
of this Agreement.
8.7 Termination Prior To Expiration of Term. This Section shall govern any
termination of this Agreement, except as specifically provided in the following Section for
termination for cause. City reserves the right to terminate this Agreement at any time,
with or without cause, upon thirty (30) days' written notice to Contracting Party. Upon
receipt of any notice of termination, Contracting Party shall immediately cease all
Services hereunder except such as may be specifically approved by the Contract Officer,
or assigned designee. Contracting Party shall be entitled to compensation for all
Services rendered prior to receipt of the notice of termination and for any Services
authorized by the Contract Officer, or assigned designee, thereafter in accordance with
the Schedule of Compensation or such as may be approved by the Contract Officer, or
assigned designee, except amounts held as a retention pursuant to this Agreement.
8.8 Termination for Default of Contracting Party. If termination is due to the
failure of Contracting Party to fulfill its obligations under this Agreement, Contracting Party
shall vacate any City -owned property which Contracting Party is permitted to occupy
hereunder and City may, after compliance with the provisions of Section 8.2, take over
the Services and prosecute the same to completion by contract or otherwise, and
Contracting Party shall be liable to the extent that the total cost for completion of the
Services required hereunder exceeds the compensation herein stipulated (provided that
City shall use reasonable efforts to mitigate such damages), and City may withhold any
payments to Contracting Party for the purpose of setoff or partial payment of the amounts
owed City.
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: Bryan McKinney, PE
78495 Calle Tampico
La Quinta, California 92253
To Contracting Party:
HR Green Pacific
Tina York, PE
44651 Village Court, Suite 123
Palm Desert, CA 92260
10.2 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
-12-
132
against either party by reason of the authorship of this Agreement or any other rule of
construction which might otherwise apply.
10.3 Section Headings and Subheadings. The section headings and
subheadings contained in this Agreement are included for convenience only and shall not
limit or otherwise affect the terms of this Agreement.
10.4 Counterparts. This Agreement may be executed in counterparts, each of
which shall be deemed to be an original, and such counterparts shall constitute one and
the same instrument.
10.5 Integrated Agreement. This Agreement including the exhibits hereto is the
entire, complete, and exclusive expression of the understanding of the parties. It is
understood that there are no oral agreements between the parties hereto affecting this
Agreement and this Agreement supersedes and cancels any and all previous
negotiations, arrangements, agreements, and understandings, if any, between the
parties, and none shall be used to interpret this Agreement.
10.6 Amendment. No amendment to or modification of this Agreement shall be
valid unless made in writing and approved by Contracting Party and by the City Council
of City. The parties agree that this requirement for written modifications cannot be waived
and that any attempted waiver shall be void.
10.7 Severability. In the event that any one or more of the articles, phrases,
sentences, clauses, paragraphs, or sections contained in this Agreement shall be
declared invalid or unenforceable, such invalidity or unenforceability shall not affect any
of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this
Agreement which are hereby declared as severable and shall be interpreted to carry out
the intent of the parties hereunder unless the invalid provision is so material that its
invalidity deprives either party of the basic benefit of their bargain or renders this
Agreement meaningless.
10.8 Unfair Business Practices Claims. In entering into this Agreement,
Contracting Party offers and agrees to assign to City all rights, title, and interest in and to
all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or
under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of
Division 7 of the Business and Professions Code), arising from purchases of goods,
services, or materials related to this Agreement. This assignment shall be made and
become effective at the time City renders final payment to Contracting Party without
further acknowledgment of the parties.
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]
-14-
134
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
Bv:
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
Name: George A. Wentz
Title: Vice President
By:_
Name:
Title:
Exhibit A
Scope of Services
Improvement plan checking will include the review of plans submitted for subdivision (residential)
improvements, commercial developments, and infrastructure improvements within the City's right
of way. The plans shall be reviewed for conformance with local and other applicable (County,
State and Federal) ordinances and standards with a strict attention to details. Plan check services
may include, but are not limited to the following:
• Grading Plans including mass grading, rough grading and precise grading plans
• Street Improvement Plans including street widening, rehabilitation and new street
plans
• Storm Drainage Plans
• Hydrology and Hydraulic Calculations and Reports
• Engineer's Cost Estimate for the related items of work for bonding purposes
• Engineer's Reports including Fugitive Dust Control (PM10) Plans, Storm Water
Pollution and Prevention Plans
• Water Quality Management Plans
• Erosion and Sediment Control Plans
The tasks of the plan checker include:
To check for design conformance to:
o The approved Tentative Map
o Related Specific Plans
o General Plan and City Ordinances
o Conditions of Approval
o City Standards
o Americans with Disabilities (ADA) Standards
o The City's Subdivision Plan Check Lists
o Other Agency Requirements such as Riverside County Flood Control District
(RCFCD), Coachella Valley Water District (CVWD) and CalTrans
• To review plans for sound engineering practices.
• To check for accuracy of design in conformance with the City's most current Plan Check
Lists.
• To check general mathematics and design criteria.
• To call for redesign of any portion of plans that:
o Will not function due to poor engineering.
o Is not consistent with the Approved Tentative Map or Conditions of Approval.
o Will be potentially unsafe to the public.
o Is impractical to construct.
Orientation -
Consultant shall meet with City staff to:
Exhibit A
Page 1 of 5 Last revised summer 2Qj�
o learn the City development plan check process;
o acquire text files and boiler plate documents as they apply;
o acquire understanding of key issues that need attention during the plan check
process;
o establish ongoing operating procedures between City staff and the Consultant for
the on -call services.
On -Call Services:
• Report to City Hall when called upon to pick up project documents for review, and meet
with city staff, as needed, to be briefed on project particulars;
• Field review project with City staff, as needed, to address unique aspects of the
proposed project;
Attend scheduled development review meetings, as needed, to brief City staff on
findings and coordinate additional relevant details and preparation.
Specific Individual, not a Consulting Team:
a. Regardless of how many qualified professionals employed by the consulting
firm proposing to provide the on -call services, the firm shall designate a
specific individual for the assignment. The City does not want a "team" of
individuals assigned to provide the services. If the designated individual
providing the on -call services leaves the firm, it shall be considered grounds
for contract termination, at the City's sole option.
b. The individual assigned to provide the services must be a California
Registered Engineer. The individual should possess a four-year civil
engineering degree and have five (5) years of experience in plan checking,
preferably in the municipal sector, and be well versed in the development
plan check process.
Exhibit A
Page 2of5
137
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 3 of 5
138
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 4 of 5
139
(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 5 of 5
140
Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for in
Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting
Party under this Agreement is not to exceed One Hundred Thousand Dollars
($100,000.00) ("Contract Sum") per year for the life of the Agreement, encompassing the
initial and any extended terms. Contractor expressly acknowledges and agrees that the
Contract Sum in this Agreement is the annal aggregate total amount covering this
Agreement, that certain Agreement for Contract Services by and between the City and
NV5, Inc., of or about even date as this Agreement, such that the Contract Sum as defined
herein is the maximum amount available for services provided under both agreements.
The Contract Sum shall be paid to Contracting Party in installment payments made on a
monthly basis and in an amount identified in Contracting Party's schedule of
compensation attached hereto for the work tasks performed and properly invoiced by
Contracting Party in conformance with Section 2.2 of this Agreement.
Initial Term:
"Not to exceed" Year 1: $100,000.00
"Not to exceed" Year 2: $100,000.00
"Not to exceed" Year 3: $100,000.00
Possible Extended Term:
"Not to exceed" Year 4: $100,000.00
"Not to exceed" Year 5: $100,000.00
Plan Check Compensation
Plan check payment shall be made in full at a "fixed fee" rate of:
$ 900 per sheet (submittals with 1-5 sheets in quantity)
$ 875 per sheet (submittals with 6-15 sheets in quantity)
$ 850 per sheet (submittals with 16 or more sheets in quantity)
Sheet counts are based on the number of sheets submitted for plan check. Sheets may
include title and detail sheets, street plans, storm drain plans, meandering sidewalk and
parkway grading plans, rough & precise grading plans at 30, 40 or 50 feet per inch scale.
Consultant receives no additional compensation for review of supporting documents
including, but not limited to hydrology and hydraulic calculation reports, soils reports &
engineer's cost estimates, conditions of approval, tentative tract and parcel maps.
Exhibit B
Page 1 of 3
141
Consultant receives no additional compensation for delivery or postage fees necessary
to transmit or receive plans from City.
Consultant receives no additional compensation for travel to and from City Hall.
This rate shall be compensation for up to three (3) plan checks. Supplemental payment
for additional plan checks after the third check or for special engineering reports including
Water Quality Management Plans (WQMP) or other engineering reports, shall be in made
at the rates listed in the Schedule of Billing Rates attached herewith for the actual hours
submitted in conformance with Section 2.2 of the Agreement. An estimate of hours to
complete the plan check (after the third plan check) or for special reports shall be made
in writing to the Contract Officer for approval as specified in Section 1.6 - Additional
Services of the Agreement.
Compensation for the first three plan checks shall be distributed at the following schedule:
First Plan Check 65% of the Total Plan Check Fee
Second Plan Check 20% of the Total Plan Check Fee
Third Plan Check 15% of the Total Plan Check Fee
The Consultant shall be compensated upon the completion of each plan check as
indicated in the above schedule and in conformance with Section 2.2 of the Agreement.
If a project is suspended, either definitely or indefinitely, the Consultant shall be
compensated based on the last completed plan check. If the plan check process is
completed prior to the third plan check,100% of the plan check fee will be paid upon
completion of the final plan check.
The Consultant shall separately invoice per plan and per plan check. No exceptions will
be allowed to the payment schedule.
Consultant also may be requested to provide general civil consulting services for specific
development related engineering projects for the City as applicable.
Payment shall be made in full at an hourly rate of:
$ 225 per hour — no overtime, travel time, expenses or other administrative charges will
be allowable over and above the stated hourly rate schedule.
Exhibit B
Page 2of3
142
Rates
Classification
Hourly Rate
Project Manager
$285
Principal -in -Charge
$295
QA/QC Manager
$285
Assistant Project Manager
$225
Senior Civil Plan Checker
$215
Civil Plan Checker
$155
Assistant Civil Plan Checker
$135
Environmental Associate
$175
Civil Plan Checker (Telecom/Fiber)
$190
Engineering Technician
$100
Our hourly fees/rates shall remain effective for one year from contract execution, and
may be adjusted annually thereafter as negotiated with and agreed to by the agency.
Exhibit B
Page 3of3
143
Exhibit C
Schedule of Performance
Contracting Party shall complete all services identified in the Scope of Services,
Exhibit A of this Agreement, as requested by City within the time allowed by the total
contract sum.
OFFICE HOURS
The Consultant shall maintain normal office hours between 8:00 a.m. and 5:00 p.m.,
Monday through Friday. The Consultant shall be available to meet with City Staff during
normal working hours with 48 hours advance notice.
SCHEDULE
The Consultant shall adhere to the following plan check schedule:
Plan Submittal Plan Check Turn -Around (From Receipt from City Staff)
1 st Plan Check 15 Working Days
2nd Plan Check 10 Working Days
3rd Plan Check 10 Working Days
For larger, more complex projects such as golf course developments, one (1) additional
week for the 1st and 2nd plan check shall be provided, if necessary to complete a
thorough plan check. The consultant shall advise the Contract Officer, in writing, if
additional time is needed.
Exhibit C
Page 1 of 1
144
None
Exhibit D
Special Requirements
Exhibit D
Page 1 of 1
145
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
Personal Auto Declaration Page if applicable
Errors and Omissions Liability
$1,000,000 (per claim and aggregate)
Workers' Compensation
(per statutory requirements)
Must include the following endorsements:
Workers Compensation with Waiver of Subrogation
Workers Compensation Declaration of Sole Proprietor if applicable
Contracting Party shall procure and maintain, at its cost, and submit
concurrently with its execution of this Agreement, Commercial General Liability insurance
against all claims for injuries against persons or damages to property resulting from
Contracting Party's acts or omissions rising out of or related to Contracting Party's
performance under this Agreement. The insurance policy shall contain a severability of
interest clause providing that the coverage shall be primary for losses arising out of
Contracting Party's performance hereunder and neither City nor its insurers shall be
required to contribute to any such loss. An endorsement evidencing the foregoing and
naming the City and its officers and employees as additional insured (on the Commercial
General Liability policy only) must be submitted concurrently with the execution of this
Agreement and approved by City prior to commencement of the services hereunder.
Contracting Party shall carry automobile liability insurance of $1,000,000 per
accident against all claims for injuries against persons or 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
Exhibit E
Page 1 of 6
146
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.
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.
Exhibit E
Page 2 of 6
147
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
against City regardless of the applicability of any insurance proceeds, and to require all
contractors and subcontractors to do likewise.
Exhibit E
Page 3 of 6
148
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
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
Exhibit E
Page 4 of 6
149
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
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.
Exhibit E
Page 5 of 6
150
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 6 of 6
151
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
152
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 2 of 2
153
ATTACHMENT 2
AGREEMENT FOR CONTRACT SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and
entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal
corporation, and NV5, Inc., a California Corporation, with a place of business at 42829
Cook Street, Suite 104, Palm Desert, CA 92211 ("Contracting Party"). The parties hereto
agree as follows:
1. SERVICES OF CONTRACTING PARTY.
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Contracting Party shall provide those services related to On -Call Public
Works Development Plan Check, as specified in the "Scope of Services" attached hereto
as "Exhibit A" and incorporated herein by this reference (the "Services"). Contracting
Party represents and warrants that Contracting Party is a provider of first-class work
and/or services and Contracting Party is experienced in performing the Services
contemplated herein and, in light of such status and experience, Contracting Party
covenants that it shall follow industry standards in performing the Services required
hereunder, and that all materials, if any, will be of good quality, fit for the purpose
intended. For purposes of this Agreement, the phrase "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.
154
1.5 Familiarity with Work. By executing this Agreement, Contracting Party
warrants that (a) it has thoroughly investigated and considered the Services to be
performed, (b) it has investigated the site where the Services are to be performed, if any,
and fully acquainted itself with the conditions there existing, (c) it has carefully considered
how the Services should be performed, and (d) it fully understands the facilities,
difficulties, and restrictions attending performance of the Services under this Agreement.
Should Contracting Party discover any latent or unknown conditions materially differing
from those inherent in the Services or as represented by City, Contracting Party shall
immediately inform City of such fact and shall not proceed except at Contracting Party's
risk until written instructions are received from the Contract Officer, or assigned
designee (as defined in Section 4.2 hereof).
1.6 Standard of Care. Contracting Party acknowledges and understands that
the Services contracted for under this Agreement require specialized skills and abilities
and that, consistent with this understanding, Contracting Party's work will be held to an
industry standard of quality and workmanship. Consistent with Section 1.5 hereinabove,
Contracting Party represents to City that it holds the necessary skills and abilities to satisfy
the industry standard of quality as set forth in this Agreement. Contracting Party shall
adopt reasonable methods during the life of this Agreement to furnish continuous
protection to the Services performed by Contracting Party, and the equipment, materials,
papers, and other components thereof to prevent losses or damages, and shall be
responsible for all such damages, to persons or property, until acceptance of the Services
by City, except such losses or damages as may be caused by City's own negligence.
The performance of Services by Contracting Party shall not relieve Contracting Party from
any obligation to correct any incomplete, inaccurate, or defective work at no further cost
to City, when such inaccuracies are due to the negligence of Contracting Party.
1.7 Additional Services. In accordance with the terms and conditions of this
Agreement, Contracting Party shall perform services in addition to those specified in the
Scope of Services ("Additional Services") only when directed to do so by the Contract
Officer, or assigned designee, provided that Contracting Party shall not be required to
perform any Additional Services without compensation. Contracting Party shall not
perform any Additional Services until receiving prior written authorization (in the form of
a written change order if Contracting Party is a contractor performing the Services) from
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.
-2 155
Compensation for properly authorized Additional Services shall be made in accordance
with Section 2.3 of this Agreement.
1.8 Special Requirements. Additional terms and conditions of this Agreement,
if any, which are made a part hereof are set forth in "Exhibit D" (the "Special
Requirements"), which is incorporated herein by this reference and expressly made a part
hereof. In the event of a conflict between the provisions of the Special Requirements and
any other provisions of this Agreement, the provisions of the Special Requirements shall
govern.
2. COMPENSATION.
2.1 Contract Sum. For the Services rendered pursuant to this Agreement,
Contracting Party shall be compensated in accordance with "Exhibit B" (the "Schedule of
Compensation") in a total amount not to exceed One Hundred Thousand Dollars
($100,000.00) per year for the life of the Agreement, encompassing the Initial and any
Extended Terms (the "Contract Sum"), except as provided in Section 1.7. Contractor
expressly acknowledges and agrees that the Contract Sum in this Agreement is the annal
aggregate total amount covering this Agreement, that certain Agreement for Contract
Services by and between the City and HR Green Pacific, of or about even date as this
Agreement, such that the Contract Sum as defined herein is the maximum amount
available for services provided under both agreements. The method of compensation set
forth in the Schedule of Compensation may include a lump sum payment upon
completion, payment in accordance with the percentage of completion of the Services,
payment for time and materials based upon Contracting Party's rate schedule, but not
exceeding the Contract Sum, or such other reasonable methods as may be specified in
the Schedule of Compensation. The Contract Sum shall include the attendance of
Contracting Party at all project meetings reasonably deemed necessary by City;
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
_g 156
this Agreement no later than thirty (30) days after invoices are received by the City's
Finance Department.
2.3 Compensation for Additional Services. Additional Services approved in
advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this
Agreement shall be paid for in an amount agreed to in writing by both City and Contracting
Party in advance of the Additional Services being rendered by Contracting Party. Any
compensation for Additional Services amounting to five percent (5%) or less of the
Contract Sum may be approved by the Contract Officer, or assigned designee. Any
greater amount of compensation for Additional Services must be approved by the La
Quinta City Council, the City Manager, or Department Director, depending upon City laws,
regulations, rules and procedures concerning public contracting. Under no circumstances
shall Contracting Party receive compensation for any Additional Services unless prior
written approval for the Additional Services is obtained from the Contract Officer, or
assigned designee, pursuant to Section 1.7 of this Agreement.
3. PERFORMANCE SCHEDULE.
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement. If the Services not completed in accordance with the Schedule of
Performance, as set forth in Section 3.2 and "Exhibit C", it is understood that the City will
suffer damage.
3.2 Schedule of Performance. All Services rendered pursuant to this
Agreement shall be performed diligently and within the time period established in "Exhibit
C" (the "Schedule of Performance"). Extensions to the time period specified in the
Schedule of Performance may be approved in writing by the Contract Officer, or
assigned designee.
3.3 Force Maieure. 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.
_4_ 157
3.4 Term. Unless earlier terminated in accordance with the provisions in
Article 8.0 of this Agreement, the term of this agreement shall commence on July 1, 2024,
and terminate on June 30, 2027 ("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.
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) Tamara O'Neal, PE, Director of Municipal Services
Telephone No.: (858) 385-0500
Email: tamara.oneal@nv5.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 Bryan
McKinney, PE, Public Works Director/City Engineer, or assigned designee may
be designated in writing by the City Manager of the City. It shall be Contracting Party's
responsibility to assure that the Contract Officer, or assigned designee, is kept informed
of the progress of the performance of the Services, and Contracting Party shall refer any
decisions, that must be made by City to the Contract Officer, or assigned designee.
Unless otherwise specified herein, any approval of City required hereunder shall mean
the approval of the Contract Officer, or assigned designee. The Contract Officer, or
assigned designee, shall have authority to sign all documents on behalf of City required
hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability, and reputation of Contracting Party, its principals, and its
employees were a substantial inducement for City to enter into this Agreement. Except
as set forth in this Agreement, Contracting Party shall not contract or subcontract with
any other entity to perform in whole or in part the Services required hereunder without the
express written approval of City. In addition, neither this Agreement nor any interest
herein may be transferred, assigned, conveyed, hypothecated, or encumbered,
voluntarily or by operation of law, without the prior written approval of City. Transfers
restricted hereunder shall include the transfer to any person or group of persons acting in
concert of more than twenty five percent (25%) of the present ownership and/or control
of Contracting Party, taking all transfers into account on a cumulative basis. Any
-5- 158
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
_6_ 159
be authorized and permitted under applicable State and local law to perform such tasks
and services.
4.6 City Cooperation. City shall provide Contracting Party with any plans,
publications, reports, statistics, records, or other data or information pertinent to the
Services to be performed hereunder which are reasonably available to Contracting Party
only from or through action by City.
5. INSURANCE.
5.1 Insurance. Prior to the beginning of any Services under this Agreement and
throughout the duration of the term of this Agreement, Contracting Party shall procure
and maintain, at its sole cost and expense, and submit concurrently with its execution of
this Agreement, policies of insurance as set forth in "Exhibit E" (the "Insurance
Requirements") which is incorporated herein by this reference and expressly made a part
hereof.
5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance
to Agency along with all required endorsements. Certificate of Insurance and
endorsements must be approved by Agency's Risk Manager prior to commencement of
performance.
6. INDEMNIFICATION.
6.1 Indemnification
shall indemnify, protect, defer
and any and all of its officers,
F" ("Indemnification") which is
a part hereof.
To the fullest extent permitted by law, Contracting Party
d (with counsel selected by City), and hold harmless City
employees, agents, and volunteers as set forth in "Exhibit
incorporated herein by this reference and expressly made
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
-7-
160
(including but not limited to payroll reports), studies, or other documents relating to the
disbursements charged to City and the Services performed hereunder (the "Books and
Records"), as shall be necessary to perform the Services required by this Agreement and
enable the Contract Officer, or assigned designee, to evaluate the performance of such
Services. Any and all such Books and Records shall be maintained in accordance with
generally accepted accounting principles and shall be complete and detailed. The
Contract Officer, or assigned designee, shall have full and free access to such Books
and Records at all times during normal business hours of City, including the right to
inspect, copy, audit, and make records and transcripts from such Books and Records.
Such Books and Records shall be maintained for a period of three (3) years following
completion of the Services hereunder, and City shall have access to such Books and
Records in the event any audit is required. In the event of dissolution of Contracting
Party's business, custody of the Books and Records may be given to City, and access
shall be provided by Contracting Party's successor in interest. Under California
Government Code Section 8546.7, if the amount of public funds expended under this
Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject
to the examination and audit of the State Auditor, at the request of City or as part of any
audit of City, for a period of three (3) years after final payment under this Agreement.
7.3 Ownership of Documents. All drawings, specifications, maps, designs,
photographs, studies, surveys, data, notes, computer files, reports, records, documents,
and other materials plans, drawings, estimates, test data, survey results, models,
renderings, and other documents or works of authorship fixed in any tangible medium of
expression, including but not limited to, physical drawings, digital renderings, or data
stored digitally, magnetically, or in any other medium prepared or caused to be prepared
by Contracting Party, its employees, subcontractors, and agents in the performance of
this Agreement (the "Documents and Materials") shall be the property of City and shall be
delivered to City upon request of the Contract Officer, or assigned designee, or upon
the expiration or termination of this Agreement, and Contracting Party shall have no claim
for further employment or additional compensation as a result of the exercise by City of
its full rights of ownership use, reuse, or assignment of the Documents and Materials
hereunder. Any use, reuse or assignment of such completed Documents and Materials
for other projects and/or use of uncompleted documents without specific written
authorization by Contracting Party will be at City's sole risk and without liability to
Contracting Party, and Contracting Party's guarantee and warranties shall not extend to
such use, revise, or assignment. 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.
-$ 161
The provisions of this clause shall survive the termination or expiration of this Agreement
and shall thereafter remain in full force and effect.
7.5 Licensing of Intellectual Property. This Agreement creates a non-exclusive
and perpetual license for City to copy, use, modify, reuse, or sublicense any and all
copyrights, designs, rights of reproduction, and other intellectual property embodied in
the Documents and Materials. Contracting Party shall require all subcontractors, if any,
to agree in writing that City is granted a non-exclusive and perpetual license for the
Documents and Materials the subcontractor prepares under this Agreement. Contracting
Party represents and warrants that Contracting Party has the legal right to license any
and all of the Documents and Materials. Contracting Party makes no such representation
and warranty in regard to the Documents and Materials which were prepared by design
professionals other than Contracting Party or provided to Contracting Party by City. City
shall not be limited in any way in its use of the Documents and Materials at any time,
provided that any such use not within the purposes intended by this Agreement shall be
at City's sole risk.
7.6 Release of Documents. The Documents and Materials shall not be
released publicly without the prior written approval of the Contract Officer, or assigned
designee, or as required by law. Contracting Party shall not disclose to any other entity
or person any information regarding the activities of City, except as required by law or as
authorized by City.
7.7 Confidential or Personal Identifying Information. Contracting Party
covenants that all City data, data lists, trade secrets, documents with personal identifying
information, documents that are not public records, draft documents, discussion notes, or
other information, if any, developed or received by Contracting Party or provided for
performance of this Agreement are deemed confidential and shall not be disclosed by
Contracting Party to any person or entity without prior written authorization by City or
unless required by law. City shall grant authorization for disclosure if required by any
lawful administrative or legal proceeding, court order, or similar directive with the force of
law. All City data, data lists, trade secrets, documents with personal identifying
information, documents that are not 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.
-g 162
8.2 Disputes. In the event of any dispute arising under this Agreement, the
injured party shall notify the injuring party in writing of its contentions by submitting a claim
therefore. The injured party shall continue performing its obligations hereunder so long
as the injuring party commences to cure such default within ten (10) days of service of
such notice and completes the cure of such default within forty-five (45) days after service
of the notice, or such longer period as may be permitted by the Contract Officer, or
assigned designee; provided that if the default is an immediate danger to the health,
safety, or general welfare, City may take such immediate action as City deems warranted.
Compliance with the provisions of this Section shall be a condition precedent to
termination of this Agreement for cause and to any legal action, and such compliance
shall not be a waiver of any party's right to take legal action in the event that the dispute
is not cured, provided that nothing herein shall limit City's right to terminate this
Agreement without cause pursuant to this Article 8.0. During the period of time that
Contracting Party is in default, City shall hold all invoices and shall, when the default is
cured, proceed with payment on the invoices. In the alternative, City may, in its sole
discretion, elect to pay some or all of the outstanding invoices during any period of default.
8.3 Retention of Funds. City may withhold from any monies payable to
Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or
damages it reasonably believes were suffered by City due to the default of Contracting
Party in the performance of the Services required by this Agreement.
8.4 Waiver. No delay or omission in the exercise of any right or remedy of a
non -defaulting party on any default shall impair such right or remedy or be construed as
a waiver. City's consent or approval of any act by Contracting Party requiring City's
consent or approval shall not be deemed to waive or render unnecessary City's consent
to or approval of any subsequent act of Contracting Party. Any waiver by either party of
any default must be in writing and shall not be a waiver of any other default concerning
the same or any other provision of this Agreement.
8.5 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies
of the parties are cumulative and the exercise by either party of one or more of such rights
or remedies shall not preclude the exercise by it, at the same or different times, of any
other rights or remedies for the same default or any other default by the other party.
8.6 Legal Action. In addition to any other rights or remedies, either party may
take legal action, at law or at equity, to cure, correct, or remedy any default, to recover
damages for any default, to compel specific performance of this Agreement, to obtain
declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes
of this Agreement.
8.7 Termination Prior To Expiration of Term. This Section shall govern any
termination of this Agreement, except as specifically provided in the following Section for
termination for cause. City reserves the right to terminate this Agreement at any time,
with or without cause, upon thirty (30) days' written notice to Contracting Party. Upon
receipt of any notice of termination, Contracting Party shall immediately cease all
Services hereunder except such as may be specifically approved by the Contract Officer,
or assigned designee. Contracting Party shall be entitled to compensation for all
Services rendered prior to receipt of the notice of termination and for any Services
authorized by the Contract Officer, or assigned designee, thereafter in accordance with
the Schedule of Compensation or such as may be approved by the Contract Officer, or
assigned designee, except amounts held as a retention pursuant to this Agreement.
8.8 Termination for Default of Contractina Partv. 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: Bryan McKinney, PE
78495 Calle Tampico
La Quinta, California 92253
To Contracting Party:
NV5, Inc.
Attention: Tamara O'Neal, PE
42829 Cook Street, Suite 104
Palm Desert, California 92211
10.2 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of this Agreement or any other rule of
construction which might otherwise apply.
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.
-12 165
10.4 Counterparts. This Agreement may be executed in counterparts, each of
which shall be deemed to be an original, and such counterparts shall constitute one and
the same instrument.
10.5 Integrated Agreement. This Agreement including the exhibits hereto is the
entire, complete, and exclusive expression of the understanding of the parties. It is
understood that there are no oral agreements between the parties hereto affecting this
Agreement and this Agreement supersedes and cancels any and all previous
negotiations, arrangements, agreements, and understandings, if any, between the
parties, and none shall be used to interpret this Agreement.
10.6 Amendment. No amendment to or modification of this Agreement shall be
valid unless made in writing and approved by Contracting Party and by the City Council
of City. The parties agree that this requirement for written modifications cannot be waived
and that any attempted waiver shall be void.
10.7 Severability. In the event that any one or more of the articles, phrases,
sentences, clauses, paragraphs, or sections contained in this Agreement shall be
declared invalid or unenforceable, such invalidity or unenforceability shall not affect any
of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this
Agreement which are hereby declared as severable and shall be interpreted to carry out
the intent of the parties hereunder unless the invalid provision is so material that its
invalidity deprives either party of the basic benefit of their bargain or renders this
Agreement meaningless.
10.8 Unfair Business Practices Claims. In entering into this Agreement,
Contracting Party offers and agrees to assign to City all rights, title, and interest in and to
all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or
under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of
Division 7 of the Business and Professions Code), arising from purchases of goods,
services, or materials related to this Agreement. This assignment shall be made and
become effective at the time City renders final payment to Contracting Party without
further acknowledgment of the parties.
10.9 No Third -Party Beneficiaries. With the exception of the specific provisions
set forth in this Agreement, there are no intended third -party beneficiaries under this
Agreement and no such other third parties shall have any rights or obligations hereunder.
10.10 Authority. The persons executing this Agreement on behalf of each of the
parties hereto represent and warrant that (i) such party is duly organized and existing,
(ii) they are duly authorized to execute and deliver 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
Bv:
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
Name: Jeffrey M. Cooper, PE
Title: EVP, Chief Operating Officer
By:_
Name:
Title:
-14-
167
Exhibit A
Scope of Services
Improvement plan checking will include the review of plans submitted for subdivision (residential)
improvements, commercial developments, and infrastructure improvements within the City's right
of way. The plans shall be reviewed for conformance with local and other applicable (County,
State and Federal) ordinances and standards with a strict attention to details. Plan check services
may include, but are not limited to the following:
• Grading Plans including mass grading, rough grading and precise grading plans
• Street Improvement Plans including street widening, rehabilitation and new street
plans
• Storm Drainage Plans
• Hydrology and Hydraulic Calculations and Reports
• Engineer's Cost Estimate for the related items of work for bonding purposes
• Engineer's Reports including Fugitive Dust Control (PM10) Plans, Storm Water
Pollution and Prevention Plans
• Water Quality Management Plans
• Erosion and Sediment Control Plans
The tasks of the plan checker include:
To check for design conformance to:
o The approved Tentative Map
o Related Specific Plans
o General Plan and City Ordinances
o Conditions of Approval
o City Standards
o Americans with Disabilities (ADA) Standards
o The City's Subdivision Plan Check Lists
o Other Agency Requirements such as Riverside County Flood Control District
(RCFCD), Coachella Valley Water District (CVWD) and CalTrans
• To review plans for sound engineering practices.
• To check for accuracy of design in conformance with the City's most current Plan Check
Lists.
• To check general mathematics and design criteria.
• To call for redesign of any portion of plans that:
o Will not function due to poor engineering.
o Is not consistent with the Approved Tentative Map or Conditions of Approval.
o Will be potentially unsafe to the public.
o Is impractical to construct.
Orientation -
Consultant shall meet with City staff to:
Exhibit A
Page 1 of 5 Last revised summer 2%
o learn the City development plan check process;
o acquire text files and boiler plate documents as they apply;
o acquire understanding of key issues that need attention during the plan check
process;
o establish ongoing operating procedures between City staff and the Consultant for
the on -call services.
On -Call Services:
• Report to City Hall when called upon to pick up project documents for review, and meet
with city staff, as needed, to be briefed on project particulars;
• Field review project with City staff, as needed, to address unique aspects of the
proposed project;
Attend scheduled development review meetings, as needed, to brief City staff on
findings and coordinate additional relevant details and preparation.
Specific Individual, not a Consulting Team:
a. Regardless of how many qualified professionals employed by the consulting
firm proposing to provide the on -call services, the firm shall designate a
specific individual for the assignment. The City does not want a "team" of
individuals assigned to provide the services. If the designated individual
providing the on -call services leaves the firm, it shall be considered grounds
for contract termination, at the City's sole option.
b. The individual assigned to provide the services must be a California
Registered Engineer. The individual should possess a four-year civil
engineering degree and have five (5) years of experience in plan checking,
preferably in the municipal sector, and be well versed in the development
plan check process.
Exhibit A
Page 2of5
169
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 3 of 5
170
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 4 of 5
171
(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 5 of 5
172
Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for in
Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting
Party under this Agreement is not to exceed One Hundred Thousand Dollars
($100,000.00) ("Contract Sum") per year for the life of the Agreement, encompassing the
initial and any extended terms. Contractor expressly acknowledges and agrees that the
Contract Sum in this Agreement is the annal aggregate total amount covering this
Agreement, that certain Agreement for Contract Services by and between the City and
HR Green Pacific, of or about even date as this Agreement, such that the Contract Sum
as defined herein is the maximum amount available for services provided under both
agreements. The Contract Sum shall be paid to Contracting Party in installment payments
made on a monthly basis and in an amount identified in Contracting Party's schedule of
compensation attached hereto for the work tasks performed and properly invoiced by
Contracting Party in conformance with Section 2.2 of this Agreement.
Initial Term:
"Not to exceed" Year 1: $100,000.00
"Not to exceed" Year 2: $100,000.00
"Not to exceed" Year 3: $100,000.00
Possible Extended Term:
"Not to exceed" Year 4: $100,000.00
"Not to exceed" Year 5: $100,000.00
Plan Check Compensation
Plan check payment shall be made in full at a "fixed fee" rate of:
$ 595 per sheet (submittals with 1-5 sheets in quantity)
$ 625 per sheet (submittals with 6-15 sheets in quantity)
$ 675 per sheet (submittals with 16 or more sheets in quantity)
Sheet counts are based on the number of sheets submitted for plan check. Sheets may
include title and detail sheets, street plans, storm drain plans, meandering sidewalk and
parkway grading plans, rough & precise grading plans at 30, 40 or 50 feet per inch scale.
Consultant receives no additional compensation for review of supporting documents
including, but not limited to hydrology and hydraulic calculation reports, soils reports &
engineer's cost estimates, conditions of approval, tentative tract and parcel maps.
Exhibit C
Page 1 of 2
173
Consultant receives no additional compensation for delivery or postage fees necessary
to transmit or receive plans from City.
Consultant receives no additional compensation for travel to and from City Hall.
This rate shall be compensation for up to three (3) plan checks. Supplemental payment
for additional plan checks after the third check or for special engineering reports including
Water Quality Management Plans (WQMP) or other engineering reports, shall be in made
at the rates listed in the Schedule of Billing Rates attached herewith for the actual hours
submitted in conformance with Section 2.2 of the Agreement. An estimate of hours to
complete the plan check (after the third plan check) or for special reports shall be made
in writing to the Contract Officer for approval as specified in Section 1.6 - Additional
Services of the Agreement.
Compensation for the first three plan checks shall be distributed at the following schedule:
First Plan Check 65% of the Total Plan Check Fee
Second Plan Check 20% of the Total Plan Check Fee
Third Plan Check 15% of the Total Plan Check Fee
The Consultant shall be compensated upon the completion of each plan check as
indicated in the above schedule and in conformance with Section 2.2 of the Agreement.
If a project is suspended, either definitely or indefinitely, the Consultant shall be
compensated based on the last completed plan check. If the plan check process is
completed prior to the third plan check,100% of the plan check fee will be paid upon
completion of the final plan check.
The Consultant shall separately invoice per plan and per plan check. No exceptions will
be allowed to the payment schedule.
Consultant also may be requested to provide general civil consulting services for specific
development related engineering projects for the City as applicable.
Payment shall be made in full at an hourly rate of:
$ 205 per hour — no overtime, travel time, expenses or other administrative charges will
be allowable over and above the stated hourly rate schedule.
Exhibit B
Page 2 of 2
174
Hourly Rates N V 5
MUNICIPAL SERVICES HOURLY RATE**
Program/Project Director
$220
Project Manager
$215
Senior Civil Engineer
$205
City Engineer
$190
Assistant Project Manager
$190
Associate Engineer
$175
Plan Check Engineer III
$190
Plan Check Engineer II
$175
Plan Check Engineer 1
$155
Public Works Technician
$92
Permit Technician
$92
REIMBURSABLE EXPENSES
COST
Reproduction
Cost
Consultant Services
Cost + 15%
Automobile Transportation
per IRS standard
Delivery, Freight, Courier
Cost
Agency Fees
Cost
Commercial Travel
Cost
* Assumes prevailing wages are applicable for field work.
** Regular rates. Work in excess of 8 hours and work on Saturdays will be billed at 1.5 times the regular rate. Work in excess of 12 hours
and work on Sundays and Holidays will be billed at 2 times the regular rate.
Exhibit C
Schedule of Performance
Contracting Party shall complete all services identified in the Scope of Services,
Exhibit A of this Agreement, as requested by City within the time allowed by the total
contract sum.
OFFICE HOURS
The Consultant shall maintain normal office hours between 8:00 a.m. and 5:00 p.m.,
Monday through Friday. The Consultant shall be available to meet with City Staff during
normal working hours with 48 hours advance notice.
SCHEDULE
The Consultant shall adhere to the following plan check schedule:
Plan Submittal Plan Check Turn -Around (From Receipt from City Staff)
1 st Plan Check 15 Working Days
2nd Plan Check 10 Working Days
3rd Plan Check 10 Working Days
For larger, more complex projects such as golf course developments, one (1) additional
week for the 1st and 2nd plan check shall be provided, if necessary to complete a
thorough plan check. The consultant shall advise the Contract Officer, in writing, if
additional time is needed.
Exhibit C
Page 1 of 1
176
None
Exhibit D
Special Requirements
Exhibit D
Page 1 of 1
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)
Auto Liability Additional Insured
Personal Auto Declaration Page if applicable
Errors and Omissions Liability
$1,000,000 (per claim and aggregate)
Workers' Compensation
(per statutory requirements)
Must include the following endorsements:
Workers Compensation with Waiver of Subrogation
Workers Compensation Declaration of Sole Proprietor if applicable
Contracting Party shall procure and maintain, at its cost, and submit
concurrently with its execution of this Agreement, Commercial General Liability insurance
against all claims for injuries against persons or damages to property resulting from
Contracting Party's acts or omissions rising out of or related to Contracting Party's
performance under this Agreement. The insurance policy shall contain a severability of
interest clause providing that the coverage shall be primary for losses arising out of
Contracting Party's performance hereunder and neither City nor its insurers shall be
required to contribute to any such loss. An endorsement evidencing the foregoing and
naming the City and its officers and employees as additional insured (on the Commercial
General Liability policy only) must be submitted concurrently with the execution of this
Agreement and approved by City prior to commencement of the services hereunder.
Contracting Party shall carry automobile liability insurance of $1,000,000 per
accident against all claims for injuries against persons or 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
Exhibit E
Page 1 of 5
178
Contracting Party's employees will use personal autos in any way on this project,
Contracting Party shall provide evidence of personal auto liability coverage for each such
person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer
or semi -trailer designed for travel on public roads. The automobile insurance policy shall
contain a severability of interest clause providing that coverage shall be primary for losses
arising out of Contracting Party's performance hereunder and neither City nor its insurers
shall be required to contribute to such loss.
Professional Liability or Errors and Omissions Insurance as appropriate shall
be written on a policy form coverage specifically designed to protect against acts, errors
or omissions of the Contracting Party and "Covered Professional Services" as designated
in the policy must specifically include work performed under this agreement. The policy
limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must
"pay on behalf of the insured and must include a provision establishing the insurer's duty
to defend. The policy retroactive date shall be on or before the effective date of this
agreement.
Contracting Party shall carry Workers' Compensation Insurance in
accordance with State Worker's Compensation laws with employer's liability limits no less
than $1,000,000 per accident or disease.
If coverage is maintained on a claims -made basis, Contracting Party shall maintain such
coverage for an additional period of three (3) years following termination of the contract.
Contracting Party shall provide written notice to City within ten (10) working
days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the
required polices are reduced; or (3) the deductible or self -insured retention is increased.
In the event any of said policies of insurance are cancelled, Contracting Party shall, prior
to the cancellation date, submit new evidence of insurance in conformance with this
Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies
or certificates evidencing the same shall not be construed as a limitation of Contracting
Party's obligation to indemnify City, its officers, employees, contractors, subcontractors,
or agents.
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.
Exhibit E
Page 2 of 5
179
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
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
Exhibit E
Page 3 of 5
180
replacement coverage is provided, City has the right, but not the duty, to obtain any
insurance it deems necessary to protect its interests under this or any other agreement
and to pay the premium. Any premium so paid by City shall be charged to and promptly
paid by Contracting Party or deducted from sums due Contracting Party, at City option.
8. It is acknowledged by the parties of this agreement that all insurance
coverage required to be provided by Contracting Party or any subcontractor, is intended
to apply first and on a primary, non-contributing basis in relation to any other insurance
or self-insurance available to City.
9. Contracting Party agrees to ensure that subcontractors, and any other party
involved with the project that is brought onto or involved in the project by Contracting
Party, provide the same minimum insurance coverage required of Contracting Party.
Contracting Party agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Contracting Party agrees that upon request, all agreements
with subcontractors and others engaged in the project will be submitted to City for review.
10. Contracting Party agrees not to self -insure or to use any self -insured
retentions or deductibles on any portion of the insurance required herein (with the
exception of professional liability coverage, if required) and further agrees that it will not
allow any contractor, subcontractor, Architect, Engineer or other entity or person in any
way involved in the performance of work on the project contemplated by this agreement
to self -insure its obligations to City. If Contracting Party's existing coverage includes a
deductible or self -insured retention, the deductible or self -insured retention must be
declared to the City. At that time the City shall review options with the Contracting Party,
which may include reduction or elimination of the deductible or self -insured retention,
substitution of other coverage, or other solutions.
11. The City reserves the right at any time during the term of this Agreement to
change the amounts and types of insurance required by giving the Contracting Party
ninety (90) days advance written notice of such change. If such change results in
substantial additional cost to the Contracting Party, the City will negotiate additional
compensation proportional to the increased benefit to City.
12. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto 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
Exhibit E
Page 4 of 5
181
any reason. Termination of this obligation is not effective until City executes a written
statement to that effect.
15. Contracting Party shall provide proof that policies of insurance required
herein expiring during the term of this Agreement have been renewed or replaced with
other policies providing at least the same coverage. Proof that such coverage has been
ordered shall be submitted prior to expiration. A coverage binder or letter from
Contracting Party's insurance agent to this effect is acceptable. A certificate of insurance
and an additional insured endorsement is required in these specifications applicable to
the renewing or new coverage must be provided to City within five (5) days of the
expiration of coverages.
16. The provisions of any workers' compensation or similar act will not limit the
obligations of Contracting Party under this agreement. Contracting Party expressly
agrees not to use any statutory immunity defenses under such laws with respect to City,
its employees, officials, and agents.
17. Requirements of specific coverage features, or limits contained in this
section are not intended as limitations on coverage, limits or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference to a
given coverage feature is for purposes of clarification only as it pertains to a given issue
and is not intended by any party or insured to be limiting or all-inclusive.
18. These insurance requirements are intended to be separate and distinct from
any other provision in this Agreement and are intended by the parties here to be
interpreted as such.
19. The requirements in this Exhibit supersede all other sections and provisions
of this Agreement to the extent that any other section or provision conflicts with or impairs
the provisions of this Exhibit.
20. Contracting Party agrees to be responsible for ensuring that no contract
used by any party involved in any way with the project reserves the right to charge City
or Contracting Party for the cost of additional insurance coverage required by this
agreement. Any such provisions are to be deleted with reference to City. It is not the
intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against City for payment of premiums or other
amounts with respect thereto.
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 5 of 5
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 2 of 2
184
CONSENT CALENDAR ITEM NO. 8
City of La Quinta
CITY COUNCIL MEETING: ,tune 18, 2024
STAFF REPORT
AGENDA TITL' :APPROVE AGREEMENT FOR CONTRACT SERVICES WITH TERRA
NOVA PLANNING AND RESEARCH, INC. FOR ON -CALL PLANNING SERVICES
RECOMMENDATION
Approve Agreement for Contract Services with Terra Nova Planning and Research, Inc.
for on -call planning services; and authorize the City Manager to execute the agreement.
EXECUTIVE SUMMARY
• The Planning Division uses on -call planning services during peak workloads and
as needed for expertise on special and complex planning projects.
• Staff is proposing a Select Source contract with Terra Nova Planning and
Research, Inc. (Terra Nova) due to ongoing planning services on the current
Sphere of Influence study and other entitlement planning projects.
FISCAL IMPACT
Agreement costs are not to exceed $60,000 per fiscal year (FY), for a 3-year term with
the option to extend for 2 additional years, for a grand total of $300,000 for the life of the
agreement. Funds will be budgeted annually in accordance with the agreement in the
Planning Professional Services account no. 101-6002-60103.
Fiscal Year FY
Cost
FY 2024-25
$60,000
FY 2025-26
$60,000
FY 2026-27
$60,000
Initial Term Total:
$180,000
FY 2027-28
$60,000
FY 2028-29
$60,000
Possible Extended Term Total:
$120,000
Grand Total:
$300,000
BACKGROUND/ANALYSIS
The Planning Division uses on -call planning services during peak workloads and as
needed for expertise on special and complex planning projects.
185
In 2019, the City published a Request for Proposals (RFP) for on -call planning services
and received 7 proposals; Terra Nova was selected as the top contender; and an
agreement was executed which expires June 30, 2024.
Terra Nova provides the following services:
• Planning project management for specialized and complex projects.
• Prepares specialized planning studies and parking surveys.
• Prepares environmental review documents (California Environmental Quality Act
and National Environmental Policy Act), for the Planning Division and Public Works
Department.
• Conducts complex technical research and land use work activities including
reviewing development applications.
Over the last contract term with Terra Nova, they have prepared several planning studies
including the Housing Element update, Municipal Code updates, special environmental
studies for several Capital Improvement Projects and have assisted with the processing
of entitlement applications, acting in a contract staff capacity for several projects. They
are currently preparing studies for and are assisting with research and outreach regarding
the City's Sphere of Influence, which is ongoing. Based on Terra Nova's experience, past
performance, competitive cost, and familiarity with the City's planning regulations and
review process, staff is proposing a new agreement (Attachment 1) for a 3-year initial
term with a 2-year extension option.
ALTERNATIVES
Council may elect not to approve the agreement or revise the term.
Prepared by: Cheri L. Flores, Planning Manager
Approved by: Danny Castro, Design and Development Director
Attachment: 1. Agreement for Contract Services with Terra Nova
186
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 Terra Nova Planning and Research, Inc., a Corporation, ("Contracting
Party"). The parties hereto agree as follows:
1. SERVICES OF CONTRACTING PARTY.
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Contracting Party shall provide those services related to special planning
studies and on -call planning services as specified in the "Scope of Services" attached
hereto as "Exhibit A" and incorporated herein by this reference (the "Services").
Contracting Party represents and warrants that Contracting Party is a provider of first-
class work and/or services and Contracting Party is experienced in performing the
Services contemplated herein and, in light of such status and experience, Contracting
Party covenants that it shall follow industry standards in performing the Services required
hereunder, and that all materials, if any, will be of good quality, fit for the purpose
intended. For purposes of this Agreement, the phrase "industry standards" shall mean
those standards of practice recognized by one or more first-class firms performing similar
services under similar circumstances.
1.2 Compliance with Law. All Services rendered hereunder shall be provided
in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of
the City and any Federal, State, or local governmental agency of competent jurisdiction.
1.3 Wage and Hour Compliance, Contracting Party shall comply with applicable
Federal, State, and local wage and hour laws.
1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified
herein, Contracting Party shall obtain at its sole cost and expense such licenses, permits,
and approvals as may be required by law for the performance of the Services required by
this Agreement, including a City of La Quinta business license. Contracting Party and its
employees, agents, and subcontractors shall, at their sole cost and expense, keep in
effect at all times during the term of this Agreement any licenses, permits, and approvals
that are legally required for the performance of the Services required by this Agreement.
Contracting Party shall have the sole obligation to pay for any fees, assessments, and
taxes, plus applicable penalties and interest, which may be imposed by law and arise
from or are necessary for the performance of the Services required by this Agreement,
and shall indemnify, defend (with counsel selected by City), and hold City, its elected
officials, officers, employees, and agents, free and harmless against any such fees,
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
187
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.
-2- 188
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.
2.1 Contract Sum. For the Services rendered pursuant to this Agreement,
Contracting Party shall be compensated in accordance with "Exhibit B" (the "Schedule of
Compensation") in a total amount not to exceed Sixty Thousand Dollars per year
($60,000), 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
_g_ 189
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 July 1,
2024, and terminate on June 30, 2027 ("Initial Term"). This Agreement may be
extended for one additional two (2) year term upon mutual agreement by both parties
("Extended Term"), and executed in writing.
_4_ 190
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) Nicole Criste
Telephone No.: 760-341-4800
Email: ncriste@terranovaplanning.com
It is expressly understood that the experience, knowledge, capability, and
reputation of the foregoing Principals were a substantial inducement for City to enter into
this Agreement. Therefore, the foregoing Principals shall be responsible during the term
of this Agreement for directing all activities of Contracting Party and devoting sufficient
time to personally supervise the Services hereunder. For purposes of this Agreement,
the foregoing Principals may not be changed by Contracting Party and no other personnel
may be assigned to perform the Services required hereunder without the express written
approval of City.
4.2 Contract Officer. The "Contract Officer", otherwise known as Cheri
Flores, Planning Manager or assigned designee may be designated in writing by the
City Manager of the City. It shall be Contracting Party's responsibility to assure that the
Contract Officer, or assigned designee, is kept informed of the progress of the
performance of the Services, and Contracting Party shall refer any decisions, that must
be made by City to the Contract Officer, or assigned designee. Unless otherwise
specified herein, any approval of City required hereunder shall mean the approval of the
Contract Officer, or assigned designee. The Contract Officer, or assigned designee,
shall have authority to sign all documents on behalf of City required hereunder to carry
out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability, and reputation of Contracting Party, its principals, and its
employees were a substantial inducement for City to enter into this Agreement. Except
as set forth in this Agreement, Contracting Party shall not contract or subcontract with
any other entity to perform in whole or in part the Services required hereunder without the
express written approval of City. In addition, neither this Agreement nor any interest
herein may be transferred, assigned, conveyed, hypothecated, or encumbered,
voluntarily or by operation of law, without the prior written approval of City. Transfers
restricted hereunder shall include the transfer to any person or group of persons acting in
concert of more than twenty five percent (25%) of the present ownership and/or control
of Contracting Party, taking all transfers into account on a cumulative basis. Any
attempted or purported assignment or contracting or subcontracting by Contracting Party
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.
4.6 City Cooperation. City shall provide Contracting Party with any plans,
publications, reports, statistics, records, or other data or information pertinent to the
_6_ 192
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
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
_7 193
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.
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
-g 194
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
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
-g 195
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
authorized by the Contract Officer, or assigned designee, thereafter in accordance with
-10- 196
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:
CITY OF LA QUINTA
To Contracting Party:
Terra Nova Planning and Research
Attention: Cheri Flores Nicole Criste
78495 Calle Tampico 42635 Melanie Place, Ste 101
La Quinta, California 92253 Palm Desert, CA 92211
10.2 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of this Agreement or any other rule of
construction which might otherwise apply.
10.3 Section Headings and Subheadings. The section headings and
subheadings contained in this Agreement are included for convenience only and shall not
limit or otherwise affect the terms of this Agreement.
10.4 Counterparts. This Agreement may be executed in counterparts, each of
which shall be deemed to be an original, and such counterparts shall constitute one and
the same instrument.
10.5 Integrated Agreement. This Agreement including the exhibits hereto is the
entire, complete, and exclusive expression of the understanding of the parties. It is
-12- 198
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
City of La Quinta, California
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
By:_
Name:
Title:
By:_
Name:
Title:
-14-
200
Exhibit A
Scope of Services
[See Attached]
Exhibit A
Page 1 of 1
201
Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for in
Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting
Party under this Agreement is not to exceed Sixty Thousand Dollars ($ 60,000) ("Contract
Sum") per year for the life of the contract including the initial and any extended terms.
The Contract Sum shall be paid to Contracting Party in installment payments made on a
monthly basis and in an amount identified in Contracting Party's schedule of
compensation attached hereto for the work tasks performed and properly invoiced by
Contracting Party in conformance with Section 2.2 of this Agreement.
Initial Term:
"Not to exceed" Year 1:
$60,000
"Not to exceed" Year 2:
$60,000
"Not to exceed" Year 3:
$60,000
Possible Extended Term:
"Not to exceed" Year 4:
$60,000
"Not to exceed" Year 5:
$60,000
Exhibit B
Page 1 of 2
202
f 19
L -A TERRA NOVA PLANNING & RESEARCH. INC. ,
42635 MELANIE PLACE, SUITE 101
PALM DESERT, CA 92211
760-341-4800
STANDARD FEE SCHEDULE
2024
Terra Nova invoices its clients on a cost -basis using an hourly billing system. The scope
of each planning effort is typically broken do%vn by task and assigned estimated necessary
staff time and the applicable hourly rate.
TERRA NOVA STAFF Hourly Rate
Principal Planner
S 195.00
Senior Planner
S 160.00
Associate Planner
S 140.00
Assistant Planner
S 115.00
Graphic DesignlGIS Specialist $ 65.00
Administrative Assistant S 45.00
REIMBURSABLES
Photo Copies
(8.5" X 11" BW)
$ 0.15 ea.
(8.5" X 11" Color)
$ 0.30 ea.
(11" X 17- BW)
$ 0.30 ea.
(11" X 17" Color)
$ 0.60 ea.
Large Format Plots
BVV $ 1.00/S. .
Color $ 5.001S.F.
Telephone Toll Charges Cost
FAX Transmittals Cost
Reproduction. Special photographic services,
document printing, aerial photograrnmetry. postage. etc. Cost
Exhibit B
Page 2 of 2
203
Exhibit C
Schedule of Performance
Contracting Party shall complete all services identified in the Scope of Services,
Exhibit A of this Agreement, as directed by the City in the time allowed by the contract
term.
Exhibit C
Page 1 of 1
204
None
Exhibit D
Special Requirements
Exhibit D
Page 1 of 1
205
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
Personal Auto Declaration Page if applicable
Errors and Omissions Liability
$1,000,000 (per claim and aggregate)
Workers' Compensation
(per statutory requirements)
Must include the following endorsements:
Workers Compensation with Waiver of Subrogation
Workers Compensation Declaration of Sole Proprietor if applicable
Contracting Party shall procure and maintain, at its cost, and submit concurrently
with its execution of this Agreement, Commercial General Liability insurance against all
claims for injuries against persons or damages to property resulting from Contracting
Party's acts or omissions rising out of or related to Contracting Party's performance under
this Agreement. The insurance policy shall contain a severability of interest clause
providing that the coverage shall be primary for losses arising out of Contracting Party's
performance hereunder and neither City nor its insurers shall be required to contribute to
any such loss. An endorsement evidencing the foregoing and naming the City and its
officers and employees as additional insured (on the Commercial General Liability policy
only) must be submitted concurrently with the execution of this Agreement and approved
by City prior to commencement of the services hereunder.
Contracting Party shall carry automobile liability insurance of $1,000,000 per
accident against all claims for injuries against persons or 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
Exhibit E
Page 1 of 5
206
Contracting Party's performance under this Agreement. If Contracting Party or
Contracting Party's employees will use personal autos in any way on this project,
Contracting Party shall provide evidence of personal auto liability coverage for each such
person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer
or semi -trailer designed for travel on public roads. The automobile insurance policy shall
contain a severability of interest clause providing that coverage shall be primary for losses
arising out of Contracting Party's performance hereunder and neither City nor its insurers
shall be required to contribute to such loss.
Professional Liability or Errors and Omissions Insurance as appropriate shall
be written on a policy form coverage specifically designed to protect against acts, errors
or omissions of the Contracting Party and "Covered Professional Services" as designated
in the policy must specifically include work performed under this agreement. The policy
limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must
"pay on behalf of" the insured and must include a provision establishing the insurer's duty
to defend. The policy retroactive date shall be on or before the effective date of this
agreement.
Contracting Party shall carry Workers' Compensation Insurance in
accordance with State Worker's Compensation laws with employer's liability limits no less
than $1,000,000 per accident or disease.
If coverage is maintained on a claims -made basis, Contracting Party shall maintain such
coverage for an additional period of three (3) years following termination of the contract.
Contracting Party shall provide written notice to City within ten (10) working
days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the
required polices are reduced; or (3) the deductible or self -insured retention is increased.
In the event any of said policies of insurance are cancelled, Contracting Party shall, prior
to the cancellation date, submit new evidence of insurance in conformance with this
Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies
or certificates evidencing the same shall not be construed as a limitation of Contracting
Party's obligation to indemnify City, its officers, employees, contractors, subcontractors,
or agents.
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.
Exhibit E
Page 2 of 5
207
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
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
Exhibit E
Page 3 of 5
208
replacement coverage is provided, City has the right, but not the duty, to obtain any
insurance it deems necessary to protect its interests under this or any other agreement
and to pay the premium. Any premium so paid by City shall be charged to and promptly
paid by Contracting Party or deducted from sums due Contracting Party, at City option.
8. It is acknowledged by the parties of this agreement that all insurance
coverage required to be provided by Contracting Party or any subcontractor, is intended
to apply first and on a primary, non-contributing basis in relation to any other insurance
or self-insurance available to City.
9. Contracting Party agrees to ensure that subcontractors, and any other party
involved with the project that is brought onto or involved in the project by Contracting
Party, provide the same minimum insurance coverage required of Contracting Party.
Contracting Party agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Contracting Party agrees that upon request, all agreements
with subcontractors and others engaged in the project will be submitted to City for review.
10. Contracting Party agrees not to self -insure or to use any self -insured
retentions or deductibles on any portion of the insurance required herein (with the
exception of professional liability coverage, if required) and further agrees that it will not
allow any contractor, subcontractor, Architect, Engineer or other entity or person in any
way involved in the performance of work on the project contemplated by this agreement
to self -insure its obligations to City. If Contracting Party's existing coverage includes a
deductible or self -insured retention, the deductible or self -insured retention must be
declared to the City. At that time the City shall review options with the Contracting Party,
which may include reduction or elimination of the deductible or self -insured retention,
substitution of other coverage, or other solutions.
11. The City reserves the right at any time during the term of this Agreement to
change the amounts and types of insurance required by giving the Contracting Party
ninety (90) days advance written notice of such change. If such change results in
substantial additional cost to the Contracting Party, the City will negotiate additional
compensation proportional to the increased benefit to City.
12. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto 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
Exhibit E
Page 4 of 5
209
any reason. Termination of this obligation is not effective until City executes a written
statement to that effect.
15. Contracting Party shall provide proof that policies of insurance required
herein expiring during the term of this Agreement have been renewed or replaced with
other policies providing at least the same coverage. Proof that such coverage has been
ordered shall be submitted prior to expiration. A coverage binder or letter from
Contracting Party's insurance agent to this effect is acceptable. A certificate of insurance
and an additional insured endorsement is required in these specifications applicable to
the renewing or new coverage must be provided to City within five (5) days of the
expiration of coverages.
16. The provisions of any workers' compensation or similar act will not limit the
obligations of Contracting Party under this agreement. Contracting Party expressly
agrees not to use any statutory immunity defenses under such laws with respect to City,
its employees, officials, and agents.
17. Requirements of specific coverage features, or limits contained in this
section are not intended as limitations on coverage, limits or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference to a
given coverage feature is for purposes of clarification only as it pertains to a given issue
and is not intended by any party or insured to be limiting or all-inclusive.
18. These insurance requirements are intended to be separate and distinct from
any other provision in this Agreement and are intended by the parties here to be
interpreted as such.
19. The requirements in this Exhibit supersede all other sections and provisions
of this Agreement to the extent that any other section or provision conflicts with or impairs
the provisions of this Exhibit.
20. Contracting Party agrees to be responsible for ensuring that no contract
used by any party involved in any way with the project reserves the right to charge City
or Contracting Party for the cost of additional insurance coverage required by this
agreement. Any such provisions are to be deleted with reference to City. It is not the
intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against City for payment of premiums or other
amounts with respect thereto.
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 5 of 5
210
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
211
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 2 of 2
212
CONSENT CALENDAR ITEM NO. 9
City of La Quinta
CITY COUNCIL MEETING: June 18, 2024
STAFF REPORT
AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH NAI
CONSULTING, INC. FOR CAPITAL IMPROVEMENT PROGRAM PROJECT
MANAGEMENT AND PROFESSIONAL ENGINEERING SERVICES
RECOMMENDATION
Approve agreement for contract services with NAI Consulting, Inc. for Capital Improvement
Program project management and professional engineering services; and authorize the
City Manager to execute the agreement.
EXECUTIVE SUMMARY
• NAI Consulting, Inc. (NAI) provides project management and engineering services
related to the City's Capital Improvement Program (CIP), which includes State,
Federal, and Community Development Block Grant (CDBG) funded projects.
• NAI is best qualified to provide on -call project management and professional
engineering services and was selected through the competitive Request for
Proposals (RFP) process completed in May 2024.
• In 2019, following an RFP selection process, the City contracted with NAI, selected
as the winning proposal, for these services; the existing agreement expires on June
30, 2024.
FISCAL IMPACT
Annual compensation is $600,000 per fiscal year (FY). Funds will be budgeted in the CIP
project budgets, and the Engineering Services Consultants account 101-7006-60104 for
special projects, for each FY through the term of the agreement.
BACKGROUND/ANALYSIS
NAI is a local firm that has provided the City with contract project management, project
design, and State and Federal funding administration services since 1997. NAI provides
specialized technical expertise that staff does not possess.
In May 2024, staff published an RFP, and three proposals were received. NAI is the most
cost effective and best qualified firm.
213
The proposed agreement with NAI, is for a three-year term, beginning July 1, 2024, through
June 30, 2027, at a not to exceed compensation amount of $600,000 per FY, with an
option to extend for one additional two-year term (extended term) (Attachment 1).
ALTERNATIVES
Staff does not recommend an alternative.
Prepared by: Carley Escarrega, Administrative Technician
Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer
Attachment: 1. Agreement for Contract Services
214
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 NAI Consulting, Inc., A California Corporation, with a place of business
at 68-955 Adelina Road, Cathedral City, CA 92234 ("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 CIP Project
Management and Engineering 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.
215
1.5 Familiarity with Work. By executing this Agreement, Contracting Party
warrants that (a) it has thoroughly investigated and considered the Services to be
performed, (b) it has investigated the site where the Services are to be performed, if any,
and fully acquainted itself with the conditions there existing, (c) it has carefully considered
how the Services should be performed, and (d) it fully understands the facilities,
difficulties, and restrictions attending performance of the Services under this Agreement.
Should Contracting Party discover any latent or unknown conditions materially differing
from those inherent in the Services or as represented by City, Contracting Party shall
immediately inform City of such fact and shall not proceed except at Contracting Party's
risk until written instructions are received from the Contract Officer, or assigned
designee (as defined in Section 4.2 hereof).
1.6 Standard of Care. Contracting Party acknowledges and understands that
the Services contracted for under this Agreement require specialized skills and abilities
and that, consistent with this understanding, Contracting Party's work will be held to an
industry standard of quality and workmanship. Consistent with Section 1.5 hereinabove,
Contracting Party represents to City that it holds the necessary skills and abilities to satisfy
the industry standard of quality as set forth in this Agreement. Contracting Party shall
adopt reasonable methods during the life of this Agreement to furnish continuous
protection to the Services performed by Contracting Party, and the equipment, materials,
papers, and other components thereof to prevent losses or damages, and shall be
responsible for all such damages, to persons or property, until acceptance of the Services
by City, except such losses or damages as may be caused by City's own negligence.
The performance of Services by Contracting Party shall not relieve Contracting Party from
any obligation to correct any incomplete, inaccurate, or defective work at no further cost
to City, when such inaccuracies are due to the negligence of Contracting Party.
1.7 Additional Services. In accordance with the terms and conditions of this
Agreement, Contracting Party shall perform services in addition to those specified in the
Scope of Services ("Additional Services") only when directed to do so by the Contract
Officer, or assigned designee, provided that Contracting Party shall not be required to
perform any Additional Services without compensation. Contracting Party shall not
perform any Additional Services until receiving prior written authorization (in the form of
a written change order if Contracting Party is a contractor performing the Services) from
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.
-2 216
Compensation for properly authorized Additional Services shall be made in accordance
with Section 2.3 of this Agreement.
1.8 Special Requirements. Additional terms and conditions of this Agreement,
if any, which are made a part hereof are set forth in "Exhibit D" (the "Special
Requirements"), which is incorporated herein by this reference and expressly made a part
hereof. In the event of a conflict between the provisions of the Special Requirements and
any other provisions of this Agreement, the provisions of the Special Requirements shall
govern.
2. COMPENSATION.
2.1 Contract Sum. For the Services rendered pursuant to this Agreement,
Contracting Party shall be compensated in accordance with "Exhibit B" (the "Schedule of
Compensation") in a total amount not to exceed Six Hundred Thousand Dollars
($600,000.00) 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
_g_ 217
Agreement shall be paid for in an amount agreed to in writing by both City and Contracting
Party in advance of the Additional Services being rendered by Contracting Party. Any
compensation for Additional Services amounting to five percent (5%) or less of the
Contract Sum may be approved by the Contract Officer, or assigned designee. Any
greater amount of compensation for Additional Services must be approved by the La
Quinta City Council, the City Manager, or Department Director, depending upon City laws,
regulations, rules and procedures concerning public contracting. Under no circumstances
shall Contracting Party receive compensation for any Additional Services unless prior
written approval for the Additional Services is obtained from the Contract Officer, or
assigned designee, pursuant to Section 1.7 of this Agreement.
3. PERFORMANCE SCHEDULE.
3.1 Time of Essence. Time is of the essence in the performance of this
Agreement. If the Services not completed in accordance with the Schedule of
Performance, as set forth in Section 3.2 and "Exhibit C", it is understood that the City will
suffer damage.
3.2 Schedule of Performance. All Services rendered pursuant to this
Agreement shall be performed diligently and within the time period established in "Exhibit
C" (the "Schedule of Performance"). Extensions to the time period specified in the
Schedule of Performance may be approved in writing by the Contract Officer, or
assigned designee.
3.3 Force Maieure. The time period specified in the Schedule of Performance
for performance of the Services rendered pursuant to this Agreement shall be extended
because of any delays due to unforeseeable causes beyond the control and without the
fault or negligence of Contracting Party, including, but not restricted to, acts of God or of
the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots,
strikes, freight embargoes, acts of any governmental agency other than City, and
unusually severe weather, if Contracting Party shall within ten (10) days of the
commencement of such delay notify the Contract Officer, or assigned designee, in
writing of the causes of the delay. The Contract Officer, or assigned designee, shall
ascertain the facts and the extent of delay, and extend the time for performing the
Services for the period of the forced delay when and if in the Contract Officer's judgment
such delay is justified, and the Contract Officer's determination, or assigned designee,
shall be final and conclusive upon the parties to this Agreement. Extensions to time
period in the Schedule of Performance which are determined by the Contract Officer, or
assigned designee, to be justified pursuant to this Section shall not entitle the
Contracting Party to additional compensation in excess of the Contract Sum.
3.4 Term. Unless earlier terminated in accordance with the provisions in
Article 8.0 of this Agreement, the term of this agreement shall commence on July 1, 2024,
and terminate on June 30, 2027 ("Initial Term"). This Agreement may be extended for
two additional year(s) upon mutual agreement by both parties ("Extended Term"), and
executed in writing.
-4-
218
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) Lorissa Gruehl, PE, Senior Civil Engineer
Telephone No.: (760) 323-5344
Email: Igruehl@naiconsulting.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 Bryan
McKinney, PE, Public Works Director/City Engineer, or assigned designee may
be designated in writing by the City Manager of the City. It shall be Contracting Party's
responsibility to assure that the Contract Officer, or assigned designee, is kept informed
of the progress of the performance of the Services, and Contracting Party shall refer any
decisions, that must be made by City to the Contract Officer, or assigned designee.
Unless otherwise specified herein, any approval of City required hereunder shall mean
the approval of the Contract Officer, or assigned designee. The Contract Officer, or
assigned designee, shall have authority to sign all documents on behalf of City required
hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
knowledge, capability, and reputation of Contracting Party, its principals, and its
employees were a substantial inducement for City to enter into this Agreement. Except
as set forth in this Agreement, Contracting Party shall not contract or subcontract with
any other entity to perform in whole or in part the Services required hereunder without the
express written approval of City. In addition, neither this Agreement nor any interest
herein may be transferred, assigned, conveyed, hypothecated, or encumbered,
voluntarily or by operation of law, without the prior written approval of City. Transfers
restricted hereunder shall include the transfer to any person or group of persons acting in
concert of more than twenty five percent (25%) of the present ownership and/or control
of Contracting Party, taking all transfers into account on a cumulative basis. Any
attempted or purported assignment or contracting or subcontracting by Contracting Party
without City's express written approval shall be null, void, and of no effect. No approved
transfer shall release Contracting Party of any liability hereunder without the express
consent of City.
-5- 219
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.
4.6 City Cooperation. City shall provide Contracting Party with any plans,
publications, reports, statistics, records, or other data or information pertinent to the
_6_ 220
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 a
endorsements
performance.
Ong with all required endorsements. Certificate of Insurance and
must be approved by Agency's Risk Manager prior to commencement of
6. INDEMNIFICATION.
6.1 Indemnification
shall indemnify, protect, defer
and any and all of its officers,
F" ("Indemnification") which is
a part hereof.
To the fullest extent permitted by law, Contracting Party
d (with counsel selected by City), and hold harmless City
employees, agents, and volunteers as set forth in "Exhibit
incorporated herein by this reference and expressly made
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
-7-
221
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.
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
-$- 222
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
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
-g- 223
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
authorized by the Contract Officer, or assigned designee, thereafter in accordance with
-10- 224
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.
-11- 225
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 NAI Consulting, Inc.
Attention: Bryan McKinney, PE Attention: Lorissa Gruehl, PE
78495 Calle Tampico 68955 Adelina Road
La Quinta, California 92253 Cathedral City, CA 92234
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- 226
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]
-13- 227
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
City of La Quinta, California
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
By:
Name: Lorissa Gruehl, PE
Title: Senior Civil Enaineer
By:_
Name:
Title:
-14-
228
Exhibit A
Scope of Services
Design Engineering
Preparation of plans and specifications for capital improvement projects of varying complexity.
Services may include civil engineering and structural design work, preparation of preliminary
plans and cost estimates, necessary fieldwork, identification of alternatives, drafting, design, and
other civil engineering related work as needed. Preparation of engineering reports and studies
on a variety of subjects. Use of AutoCAD software to prepare project plans.
Project Management
The City is looking for a qualified engineering and project management firm to provide project
management support to City Staff for various capital improvement projects (CIP), including State
and Federally funded projects, projects of varying complexity, budget, and size, and all phases of
design and project management. The consultant will be responsible for maintaining compliance
with Caltrans Local Assistance Procedures Manual ("LAPM"), or other required agencies, for all
State or Federally funded projects. It is expected that the identified project manager(s) will be the
point of contact between the City and project consultants, including but not limited to design
engineer and construction management firms. The project manager(s) will have authority and
responsibility to act on the City's behalf in terms of interactions with the public and other project
stakeholders.
Duties of the selected firm and their project manager(s) include, but are not limited to:
• Prolect scoping during the planning or preliminary design phase.
• Securing necessary right-of-way, easements, and/or grading permits required for
projects.
• Preparation and acquisition of any required permits.
• Preparation of project plans and specifications for bidding; conducting prebid meetings,
as needed; preparation of addendums to bid documents; and attending bid openings.
• Participate in procurement, selection and contract negotiation processes, and provide
contract management of engineering design and other CIP project contracts.
• Identifying project stakeholders, both internal to the City and external, and engaging with
them throughout the planning, design, and construction phases of the project as
necessary.
• Preparation of, and/or support to staff, for grant applications, as needed.
• Preparation and submittal of all documents necessary for coordination, approvals,
funding reimbursements and reporting to State and Federal funding agencies.
• Planning, conducting, and/or providing support/information to staff for public
engagement meetings, as needed.
Exhibit A
Page 1 of 5
229
• Coordination with other City departments, local agencies, private utility companies,
consultants. and members of the public. as needed.
• Survey coordination.
• Construction engineering support.
• Prepare and/or manage the City's Development Impact Fee Update, as needed.
• Provide support for issues associated with the Coachella Valley Transportation Uniform
Mitigation Fee (TUMF) Program.
• Provide support for Measure A'/2 Cent Sales Tax Capital Improvement Plan and
Maintenance of Effort reauirements.
• Provide support for preparation of the City's 5-Year Capital Improvement Plan.
• Any other items required for the successful design and/or execution of projects.
• Use of AutoCAD software to prepare project plans.
Exhibit A
Page 2of5
230
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 3 of 5
231
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 4 of 5
232
(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 5 of 5
233
EXPLANATION OF METHODOLOGY
Design Engineering Services
The following tasks detail our understanding and
approach to a generic transportation project. This
hypothetical scope of work program describes the
effort needed for the preparation of construction
documents, including final design plans,
specifications, and construction cost estimates. NAI
always will employ value engineering techniques to
analyze design/construction alternatives that may
improve the design or make the project more cost-
efficient.
The following tasks are ones that NAI can carry out as the lead designer or as a project manager.
Project Coordination
To facilitate the review and approval process, we will work closely with the key individuals at the City who
are responsible for the review of specific elements of the project and will submit draft copies of significant
work items before the milestone submittal date. This gives us a clear understanding of what the reviewers
expect, and they have a preview of what will be submitted before the actual submittal is made. Our past
experience working on projects with City oversight has taught us the importance of maintaining accurate
and detailed meeting minutes, decision logs, and action item lists during the project development
process. Utilizing this technique documents decisions, ensures consistency in decisions, and provides a
concise list of tasks to be accomplished by each participant and a specific time schedule to complete the
task.
We will hold a meeting with the City prior to beginning any significant work. The purpose of this meeting
is to:
• Solicit input regarding the goals for the project desired by each agency.
• Agree on the intended scope of the project.
• Agree on the basic design standards to be met.
• Review the status of design and plan preparation for other street improvements or development
projects near or adjacent to the proposed project site and obtain any mapping and design file
information that may be available for these other projects.
Review Existing Information
Once we have prepared the final scope documents and are issued a Notice to Proceed, we will begin the
design phase of the project. This will consist of research and data collection, reviewing the documents
provided by the City, coordination and investigation, field surveying, utility identification, and pavement
evaluation.
We will prepare our preliminary plans based on information obtained from our research, data collection,
survey, and pavement testing. After 65% review and approval by the City, we will incorporate comments
and begin work on the final PS&E.
VNAI
Consulting
H141
234
ON -CALL CIP PROJECT MANAGEMENT AND PROFESSIONAL ENGINEERING SERVICES
Field Survey
NAI can obtain a surveyor or NAI can coordinate with one of the City's on -call surveyors. We will
coordinate encroachment permits for surveys, not within the City's right-of-way.
In addition to cross-section surveys, the surveying task will locate all existing structures and
improvements within and behind existing street right-of-way and adjoining streets in areas of the
proposed improvements that may be pertinent to or in conflict with the proposed design and identifying
surface features that may not have been visible in aerial photographs. This may include such features as
structures, utility poles, fire hydrants, catch basins, signs, water valves, manholes, driveways, and
walkways.
Utility Conflict Map/ Utility Coordination
NAI will consult, coordinate, and perform related follow-ups with the affected utility companies regarding
the specific project -imposed impact locations to identify design controls and considerations necessary
for plan preparation and approvals. Requests for information will include requests for future utility projects
that may be affected by the proposed improvements. We will keep the City informed of the contact with
the utility companies. Plan submittals will be forwarded to the utility companies for verification of their
facilities known by them. The existing franchise agreements with each affected utility will determine
whether the plans indicate the necessary modifications/relocations to be performed as a part of the
project or whether the utility company must perform and pay for their own work. This will be determined
for each utility company and facility.
Right of Way and Permitting
If the project requires right of way, rights of entry, or encroachment permits, NAI can obtain a right of way
consultant or surveyor as needed, or NAI can coordinate with the City's on -call surveyor. Typical
information and procedures may include recommendations for impacted areas, negotiated agreements,
and coordination with the property owner or agency.
Geotechnical Information
If the project requires a geotechnical recommendation or street borings, NAI can obtain a Geotech or NAI
can coordinate with the City's on -call Geotech. Typical information and procedures may include
recommendations for the location of borings, review of draft recommendations, and coordination.
Hydrology and/or Hydraulics
If the project requires a hydrology study and/or hydraulic calculations, NAI can obtain a firm to conduct
the needed information. Typical information and procedures may include recommendations for the area
of impact, proposed and existing roadway profile, recommendations for the size of storm to calculate,
and coordination.
Geometric Base Maps
This task will include developing plans showing proposed geometry and other pertinent alignment data
of the proposed engineering, including typical sections, profiles, superelevations, proposed right-of-way
limits, approximate wall locations, and other clarifying information as necessary. They will be generated
using the project report geometric plans. The geometric base maps (GBM) will be submitted to the City
for approval before proceeding with the final design. The GBM will form the basis for the final design's
skeleton sheets.
*1 NAI
Consulting
IIN*
235
After the base sheets are developed, we will perform a field review to document existing field conditions
and determine where additional information or field data may be required to provide adequate information
to complete the conceptual widening alternatives and to confirm the location and type of utilities and other
improvements.
Roadway Plans
NAI will prepare roadway design plans to satisfy the project requirements as follows:
Street Widening — The plan set typically will include alignment, profile, and widening details. Utility
relocations will be identified, and drainage improvements will be included as required. In most
cases, roadway widening occurs in areas with existing improvements within the City's right of way.
NAI will design the improvements to minimize conflicts to the furthest extent possible and will
provide positive drainage at all driveways within the right of way to the furthest extent possible.
NAI will also design the profile to minimize the amount of existing pavement to be reconstructed.
Pavement Rehabilitation and/or Reconstruction— The plan set typically will include a plan view of
the streets with the limits of each type of rehabilitation or reconstruction method, i.e., crack fill,
slurry seal, grind and overlay, etc. NAI can make recommendations on the type of pavement
rehabilitation/reconstruction method, or we can prepare the plans based on the recommendation
of a geotechnical report. The plans will show all valves and manholes in the pavement that the
Contractor will need to raise/lower or cover to protect in place depending on the rehabilitation
method. For reconstruction projects the plan set will include an alignment, profile, and
reconstruction details. The profile may be omitted depending on if the profile will be adjusted. If
the profile changes significantly, the plans will identify utility line conflicts.
Median Addition — The plan set will include an alignment and profile. The profile may be omitted
depending on whether positive drainage can be maintained along the alignment if placed at the
existing elevation on the road. This cannot be typically maintained at new left turn pockets since
the curb is typically placed on the opposite side of the crown.
Where the City does not wish to reconstruct the pavement, a curb opening can be designed to
prevent water from ponding at low spots. Where landscape medians are requested, NAI can
contract with a Landscape Architect or coordinate with one of the City's on -call Landscape
Architects. The plans will identify utility line conflicts.
ADA-Compliant Sidewalks and Access Ramps — The plan set will include the limits and special
details where required to reconstruct or install an ADA-compliant sidewalk. The scale to prepare
sidewalk and access ramp plans is typically V=20' or V=10' depending on the length so that
adequate detail can be shown. NAI will verify that the location where the sidewalk joins is ADA-
compliant. NAI will verify that the sidewalk can be constructed to ADA standards. If it cannot,
special details such as short retaining walls will be designed. NAI will inspect each existing ramp
to determine the most cost-efficient way to bring the ramp into compliance. For instance, if a curb
ramp meets all standards except it does not have truncated domes. The curb ramp will be
protected, and domes will be added.
Traffic Plans
NAI is capable of preparing signing and striping, and traffic control plans for the roadway project we are
designing. However, NAI can also coordinate with the City's on -call Traffic Engineer as needed.
VNAI
Consulting
iiVA
236
ON -CALL CIP PROJECT MANAGEMENT AND PROFESSIONAL ENGINEERING SERVICES
Contract Specifications/Bid Documents
Project Specifications will conform to the requirements of the Standard Specifications for Public Works
Construction, City, and Caltrans Standard Specifications as applicable.
NAI will use the City's boilerplate front-end documents and prepare final special provisions for items,
details, materials, procedures, and other conditions not adequately covered by the City, Caltrans, or
Public Works Standard Specifications. A listing and copy of all standard plans required for the project will
be provided in the appendix, and copies of any plans used that are not standard will also be included.
After incorporating the first plan check comments, we will prepare final technical specifications and/or
special provisions for the proposed construction work.
Construction Cost Estimates
NAI will prepare a preliminary estimate of probable construction costs for the project that will include a
proposed bid item list, estimated quantity, line -item cost estimates, and estimate of construction working
days for the improvements in accordance with City format. At the first plan check, NAI will develop a
preliminary estimate of probable construction costs for comparison with previous project budget
estimates.
After incorporating the first plan check comments, NAI will prepare the final estimate of probable
construction costs for the project, including a proposed estimate of construction working days for the
improvements per City format. NAI will refine the preliminary estimate and provide quantity take -offs with
appropriate unit prices and extensions.
Quality Assurance/Quality Control
Quality Assurance / Quality Control is a key element of NAI's overall approach to the management and
control of the work. This helps ensure the City will be receiving a successful project on time and within
budget.
As part of the program, a competent designer will review the work provided by the project engineer.
During this review, the checker will mark up the plans and discuss any proposed changes with the project
engineer. Changes to the plans, specifications, and calculations are only made after the differences are
reconciled.
Final PS&E Package
After incorporating review comments for the plans, specifications, and cost estimate, NAI will submit an
electronic copy of all documents prepared for the project. At the request of the City, NAI will also submit
bond hard copies of the final package.
Bid Support/Construction Support
The NAI team will perform support services for the City during the advertising, bidding, and construction
of the project as requested. These services will include written interpretation and clarification regarding
the intent of the plans, specifications, and special provisions. NAI will provide a professional review of
shop drawings and contractor submittals for conformance to the bid documents. NAI will also provide
recommendations on progress pay estimates and change requests. Upon completion of construction,
NAI will perform a field review, include the contractor's as -built redlines, and provide record drawings to
the City.
VNAI
Consulting
fiF:3
237
ON -CALL CIP PROJECT MANAGEMENT AND PROFESSIONAL ENGINEERING SERVICES
PROJECT MANAGEMENT SERVICES
General Contract Management
As detailed in the requested services, NAI will actively manage the consultant contracts as assigned.
This will include attending PDT meetings, reviewing schedules, approving consultant invoices, managing
project submittals, and maintaining project budgets. Without this active management, we have found
that many contacts will stagnate as the consultants lose direction of the project needs.
Coordination with Various Funding Partners
Administering regional, county, state, or federal funding begins with the grant application and does not
end until the final report of expenditures is accepted and final payment is received by the city. NAI has
successfully delivered several hundred million dollars' worth of projects partially funded with grant
monies.
NAI's Project Team has a better than average understanding and working knowledge of the various grant
requirements and/or procedures and stays current on the ever -changing environment. This knowledge
and experience will ensure the successful delivery of capital projects that are partially funded with these
restricted sources.
Our team knows that there are state and federal regulations that extend beyond the life of a single project.
Every year the City must submit updated DBE and ADA forms specifying how the local agency is planning
to comply with these federal requirements throughout the year. Every five years, the City must update
its Quality Assurance Program (QAP) to ensure that the construction material testing and certifications
are kept current.
We know all of these ancillary state and federal requirements and will assist the City in maintaining good
standing with Caltrans Local Assistance. We will be responsible to track and update the DBE/ADA annual
forms in accordance with LAPM Chapter 9 "Civil Rights and Disadvantaged Business Enterprises" and
ensure the City's QAP is in compliance with Caltrans procedures outlined in the Caltrans QAP Manual.
Coordination with Other Agencies and Stakeholders
As a representative of the City for each assigned project, NAI will maintain a positive relationship with
other impacted agencies, stakeholders, and the public. This includes utilities agencies, flood control
districts, regulatory agencies, the Coachella Valley Association of Governments (CVAG) and adjoining
jurisdictions that share public improvements. As part of this on -going coordination NAI will hold
stakeholder or public engagement meetings as necessary to ensure the project is well received and
meets the expectations of everyone involved.
Prepare and Track Project Schedules
At the beginning of the fiscal year the NAI Team will meet with city staff and assist in prioritizing the
delivery of each project listed within the city's capital improvement program (CIP). NAI will prepare an
overall critical path Gantt chart schedule which clearly illustrates when objectives for each project will be
accomplished and the time relationship with other projects. This timeline "plan" is invaluable in managing
staff workload, design consultant deliverables and anticipating approvals by city management and
elected policy makers.
*1 NAI
Consulting
Wl
238
ON -CALL CIP PROJECT MANAGEMENT AND PROFESSIONAL ENGINEERING SERVICES
Assistance During Bidding and Contractor Procurement
This critical objective begins with the preparation of biddable specifications, constructible plans, and
realistic engineer's estimate (PS&E) package. The NAI Team fully experienced with city procedures and
will respond to contractor requests for information (RFI), prepare any necessary addenda to the bid
documents, prepare bid comparison summaries that compare the bids received to the engineer's
estimate and/or each other, perform due diligence on the low bidder, and prepare a staff report with
award findings and recommendations for consideration by the City Council.
Project Scoping
When a project scope is complete and thorough, it is a powerful tool that can be used for many different
documents, such as the CIP, staff reports, and funding applications. Typical items NAI prepares or
coordinates are as follows:
1. Identify the project limits.
2. Identify above -ground utilities and other obstructions.
3. Identify existing right-of-way using parcel maps or other maps as available.
4. Research record drawings from the City's database.
5. Layout proposed improvements for quantities and other potential impacts (utilities and right of
way).
6. Coordinate Preliminary Hydrology as needed.
7. Coordinate a Traffic Study as needed - Typical information may include recommendations for
signal synchronization, signal optimization, interconnect, and coordination.
8. Prepare detailed scope and assumptions.
9. Prepare the engineer's estimate and add allowances for unknowns.
Consultant Procurement
The NAI Team has a strong working knowledge of the City's Consultant Selection Process for both small
and large projects. We will draft a comprehensive Request for Proposal (RFP) and/or Request for
Qualifications (RFQ) that clearly defines the project scope and intent and identifies critical path schedule
or administrative issues. We will negotiate the consultant's scope of work, negotiate the right fee, prepare
resultant professional services agreement, and prepare a staff report with consultant selection findings
and recommendations for consideration by the City Council.
Project Status Coordination
The NAI Team will provide project -specific input to the department's "Master Schedule," which provides
a status of critical path project issues. We will be prepared to report all project matters related to budget,
expected expenditures, and deliver schedule in the Departments monthly Master Schedule meeting or
any necessary impromptu meeting. We will also prepare for and attend the bi-monthly meeting with
Finance Department staff.
Prepare Staff Reports for City Council Consideration
We understand that the City typically prepares the required staff reports with support from the NAI Team.
However, when requested we will prepare the necessary staff reports to ensure the successful delivery
of assigned capital projects.
VNAI
Consulting
K1]
239
ON -CALL CIP PROJECT MANAGEMENT AND PROFESSIONAL ENGINEERING SERVICES
Grant Applications
One quality that NAI provides above managing grant funded projects is the ability secure the regional,
state, or federal funding. Besides CVAG's well known 75% project funding support for projects listed in
the Transportation Project Prioritization Study (TPPS) report, there are numerous other grant
opportunities that we will assist and manage in applying. Common transportation grant opportunities
include:
1. TBAArticle 3 (SB821) Bicycle and Pedestrian Facilities through RCTC;
2. Congestion Mitigation and Air Quality (CMAQ) through CVAG;
3. Surface Transportation Block Grant (STBG) through RCTC;
4. Highway Safety Improvement Program (HSIP) through Caltrans;
5. Active Transportation Program (ATP) through CTC;
6. Highway Bridge Program (HBP) through Caltrans; and
7. State Transportation Improvement Program (STIP) through CTC.
As grant opportunities arise, we will work with the City in drafting the language in the application. We will
prepare all the information necessary for successful application.
5 Year Capital Improvement Program Updates
NAI Consulting understands that the City prepares the Capital Improvement Program (CIP) with the
assistance of NAI; however, at the City's direction, NAI is ready, willing, and able to take the lead in
preparing the CIP update yearly. We have prepared the City's CIP in the past and have an intimate
knowledge of the process. We understand the impact of early and frequent coordination with the various
departments in the City to ensure that all projects and funding sources are identified and that priority
projects are fully scoped and ready for implementation. There are many moving parts when preparing a
CIP including ensuring that all funding is being allocated correctly and that together with the CIP, Measure
A and SB1 funds need to be reviewed, updated, and forecasted.
Assistance with the Measure A'/2 Cent Sales Tax Capital Improvement Plan and
Maintenance of Effort Requirements
The Measure A'/2 Cent Sales Tax policies and procedures were also developed by CVAG in conjunction
with its TUMF Program. NAI has full knowledge of these requirements and will continue to advise the
City on any matter necessary to remain in compliance to ensure the City's local funding share is not
forfeited.
Project Management and Control System
NAI utilizes a very basic but streamlined project management and control system. We track project
history, deliverables, and action items with Microsoft Excel. This allows us to quickly update pertinent
project information for minimal cost and very little training. To supplement the Project Status Sheets, we
use Microsoft Project to track both a master schedule of all projects and a detailed schedule of individual
projects.
By using Excel and Project, we ensure all of our clients have the same project management and control
system tools to take over project delivery at any point. This approach fits with our vision of integrating
seamlessly into our client support.
In addition to the project management and control system, NAI maintains a business cloud account with
Citrix Sharefile. With Sharefile, we are able to provide our clients with unlimited cloud -based storage and
document delivery as necessary. This service can be used to mirror all the NAI files associated with this
as needed support so that the City can access everything NAI produces at any time.
VNAI
Consulting
21
240
ON -CALL CIP PROJECT MANAGEMENT AND PROFESSIONAL ENGINEERING SERVICES
ADDITIONAL GRANT ADMINISTRATION SERVICES
Agency Coordination
Throughout the contract period, NAI will work closely with the Riverside County Transportation
Commission (RCTC), the California Department of Transportation (Caltrans), and the California
Transportation Commission (CTC) to ensure the City's State and Federally funded projects are
processed correctly.
Through RCTC, NAI will update the FTIP with appropriate project changes; provide a general City update
to RCTC every two years; provide a list of projects to be included in the Regional Transportation Plan
(RTP); and provide any funding, invoice, or other project related update request by RCTC.
In coordinating with the Caltrans Department of Local Assistance, NAI will document submittals, meeting
requests, and maintaining an open communication channel. We will often contact Caltrans Local
Assistance when preparing a document to discuss their initial feedback and to inform them of the pending
submittal. If any comments are received, we are quick to correct the documents and return them to
Caltrans so that our projects remain first in line.
For state funded projects, we will coordinate with the CTC to ensure correct and on -time submittals. In
coordinating with the CTC, we work with both Caltrans and RCTC to ensure all project details are correctly
outlined.
Assist with Consultant Selection for Federally Funded Projects
NAI will coordinate with the City to identify the services required for each contract. Whether planning,
environmental, design, right of way, or construction management, NAI will develop the scope of work
programs to include in a Request for Proposals (RFP). In addition, NAI will prepare an Independent Cost
Estimate to use during negotiations. NAI will use this estimate to determine the Disadvantaged Business
Enterprise (DBE) goal for the RFP.
In accordance with Chapter 10 — Consultant Selection of the LAPM, NAI will prepare the RFP to select
the most qualified firm for the services required. This will include reviewing the City's standard RFP and
adding any federal language necessary. NAI will also review the City's standard Professional Services
Agreement and add any additional federal aid clauses that are required.
NAI will coordinate with the City's Consultant Selection Committee to ensure everyone has signed the
Conflict -of -Interest Statements and is using the appropriate evaluation forms. As part of the Consultant
Selection Committee, NAI will evaluate the submitted proposals and rank the consultants based on the
evaluation form. NAI will review the scope and fee of the top ranked consultant and negotiate a fair and
equitable price for the City.
For Contracts with federal reimbursement over $1 M, once NAI and the City have negotiated a final
contract with the top ranked proposer, NAI will assist the prime consultant in compiling the necessary
financial documents for submittal to Caltrans. NAI will prepare the 10-C Form for Caltrans review and
approval before the City can execute the final agreement. This task will include compiling any additional
information or forms necessary for the complete submittal.
Review PES and Environmental Technical Studies
Transportation projects using federal funds must meet the requirements of the National Environmental
Policy Act (NEPA) in addition to CEQA. The NEPA document must be accepted by Caltrans as part of
their stewardship agreement with FHWA. As such, the City must submit a Preliminary Environmental
Study (PES) to Caltrans that outlines the environmental setting for the project.
*1 NAI
Consulting
W61
241
ON -CALL CIP PROJECT MANAGEMENT AND PROFESSIONAL ENGINEERING SERVICES
As necessary, we will provide assistance in reviewing the PES form and any technical studies that may
be required. We have thorough experience managing projects through the NEPA process and will
provide invaluable experience on how to scope the environmental setting in the PES to avoid
unnecessary and costly technical studies. We will also review technical studies to ensure the study is
scoped properly to avoid unnecessary mitigation measures.
Our reviews will follow the guidelines outlined in LAPM Chapter 6, "Environmental Procedures", and the
Caltrans Standard Environmental Reference (SER).
Review/Draft PS&E Certification
Prior to bidding any federally funded project the City must certify that the PS&E is prepared in accordance
with all applicable local, state, and federal standards. Depending on the type of construction, whether or
not the project is on the National Highway System (NHS), and the size of the project, Caltrans may or
may not specify what design standards to use per LAPM Chapter 11, "Design Standards". This PS&E
Certification also includes a checklist of federal contract language that must be included in the project
specifications.
We will work with the consultant from the beginning of a design project to ensure proper design standards
are used, and we will review existing PS&E documents to ensure all items in the PS&E Certifications are
completed adequately. This may include securing any design exceptions or public interest findings as
needed. The PS&E Certification will be completed in accordance with the guidelines outlined in LAPM
Chapter 12, "Plans, Specifications, and Estimate".
Prepare City Boilerplate Specifications with State and Federal Provisions
Project Specifications for State and federal aid projects must include additional provisions, including
establishing DBE goals, and bidder forms for the bid to remain eligible for federal reimbursement. NAI
will work with the currently adopted standard specifications for the City to include the additional provisions
and forms.
The additional clauses can either be inserted into the general specifications section or we can create a
new section titled "Special Federal Specifications". All language will be added in accordance with LAPM
Chapter 12, "Plans, Specifications, and Estimate".
Review/Draft Utility Agreements
For State or Federally funded transportation projects, the City must determine who is fiscally responsible
for the utility relocation or adjustment and have a utility agreement defining the roles of each agency. If
the utility is responsible for adjusting their facilities (City has prior rights) then a simple utility agreement
is adequate. If the City is responsible for adjusting the facility (utility has prior rights) then a Caltrans-
specific utility agreement is required along with Specific Authorization from FHWA for the relocation to be
eligible for federal reimbursement.
Depending on the complexity of the project, we will either support the project by drafting utility agreements
or we will review utility agreements prepared by others for conformance with Caltrans procedures. Utility
agreements must be executed prior to receiving ROW Certification. All utility agreements will be prepared
per the guidelines outlined in LAPM Chapter 14, "Utility Relocations."
VNAI
Consulting
W
242
ON -CALL CIP PROJECT MANAGEMENT AND PROFESSIONAL ENGINEERING SERVICES
Review/Draft ROW Certification
Before any federal project can begin the construction phase, the City must certify that it has secured all
property rights and easements to all properties being accessed. This Right -of -Way (ROW) Certification
is then submitted to Caltrans for review and approval. The ROW Certification could include full
acquisitions with relocation assistance, possession and use agreements, temporary construction
easements, and/or utility agreements among other items.
Depending on the complexity of the project, we will either support the project by drafting the ROW
Certifications or we will review ROW Certifications prepared by others for conformance with Caltrans
procedures. All ROW Certifications will be prepared per the guidelines outlined in LAPM Chapter 13,
"Right of Way."
Assist with Bidding Procedures and Provide Construction Support
For federally funded projects, we understand the challenges that cities face once the authorization to
proceed with construction (E-76) is received. Before construction begins, we will sit down with the City
and outline all federal construction requirements. We will assist the City in establishing bid advertising
procedures as required, attending any pre -bid meetings, reviewing bid documents for federal compliance,
preparing bid summary sheets, reviewing DBE goals and good faith efforts, and submitting the award
package to Caltrans. During construction we will manage the construction management team by
reviewing subcontractor request forms, labor compliance, progress payments, and contract change
orders. We will ensure that the City complies with all guidelines outlined in LAPM Chapter 15, "Advertise
and Award Project", Chapter 16, "Administer Construction Contracts", and the Caltrans Construction
Manual as needed.
Prepare and Submit Request for Federal Project Number
A federal project number is required for all federally funded projects. Before we can submit any
documents for Caltrans approval, we will need to apply for a federal project number. The request for
federal project number will follow the procedures outlined in LAPM Chapter 3, "Project Authorization". A
field review form performed in accordance with LAPM Chapter 7, "Field Review", must be included with
the request for federal project number.
Prepare and Submit Request for Allocation (State Funded Projects)
A request for funding allocation is required for all state funded phases of a project. Typical phases of a
capital improvement project subject to state funding include the Project Approval and Environmental
Document (PA&ED) Phase; the Plans, Specifications, and Estimate (PS&E) Phase, the Right -of -Way
(ROW) Phase, and the Construction (CON) Phase. Allocation is required prior to performing any
reimbursable work beginning with the date that the CTC meets to approve the allocation. The request for
allocations will follow the currently adopted guidelines established in the LAPG for each particular state
funding source.
Prepare and Submit RFA for Federally Funded Projects
The request for authorization (RFA) is required for all federally funded phases of a project. Typical
phases of a capital improvement project subject to federal funding include Preliminary Engineering (PE),
ROW, Utility Relocations, and CON. Authorization is required prior to beginning any reimbursable work
beginning with the date that the FHWA representative signs the project authorization document (E-76).
The RFA will follow the procedures outlined in LAPM Chapter 3, "Project Authorization". Each RFA
requires differing levels of project information. We will work closely with the City to ensure proper
documentation is provided.
*1 NAI
Consulting
r►z1
243
ON -CALL CIP PROJECT MANAGEMENT AND PROFESSIONAL ENGINEERING SERVICES
Assist with Project Funding Cost Adjustments
Throughout the life of a capital improvement project, the funding may need to be adjusted. This could
occur if the project has cost overruns and requires additional funding from the grant administrator, or if
the project needs to adjust funds within a specific phase of work, i.e. from Construction Engineering to
the Construction Contract. We will prepare the finance letter and other appropriate documentation
required for the cost adjustments, including any backup documentation required.
Assist with State and Federal Project Invoicing
Throughout the project, any state or federally funded phase requires diligent project invoicing. We will
work hard to make sure that the City receives the programmed reimbursement in a timely manner.
Caltrans reimbursement requests must be submitted at least once every six (6) months, but not more
frequently than once per month. Submitted invoices will follow the procedures outlined in LAPM Chapter
5, "Invoicing". We will maintain a log of all invoices paid on the project to contractors and consultants for
quick reference when preparing the request for reimbursement. We will prepare the invoice backup and
tracking log and bring it to the City for signature prior to mailing to Caltrans. We will quickly respond to
any Caltrans comment and keep the City informed of all progress.
Prepare and Submit Final Report of Expenditures
Upon project completion, NAI will prepare and submit the Final Report of Expenditures for federal aid
projects. We will work with the City to ensure the material certification is filled out properly, noting any
exceptions. We will compile the contract change order summary, final detail estimate, and final inspection
form. We will ensure the contractor submits final DBE paperwork prior to issuing the Notice of Completion
to include in the Final Report of Expenditures. A successful project closeout is contingent upon following
proper federal procedures throughout the life of the project, and we will be there every step of the way.
VNAI
Consulting
401
244
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 Six Hundred Thousand ($600,000.00) per
year for the life of the Agreement, encompassing the initial and any extended terms
("Contract Sum"). The Contract Sum shall be paid to Contracting Party in installment
payments made on a monthly basis and in an amount identified in Contracting Party's
schedule of compensation attached hereto for the work tasks performed and properly
invoiced by Contracting Party in conformance with Section 2.2 of this Agreement.
Initial Term:
"Not to exceed" Year 1: $600,000.00
"Not to exceed" Year 2: $600,000.00
"Not to exceed" Year 3: $600,000.00
Possible Extended Term:
"Not to exceed" Year 4: $600,000.00
"Not to exceed" Year 5: $600,000.00
Exhibit B
Page 1 of 1
245
ON -CALL CIP PROJECT MANAGEMENT AND PROFESSIONAL ENGINEERING SERVICES
NAI FEE SCHEDULE
NAME
DISCIPLINE
HOURLY RATE
Lorissa Nickerson
PRINCIPAL CIVIL ENGINEER
$195.00
Josh Nickerson
PRINCIPAL CIVIL ENGINEER
$195.00
Jose Cortez
ASSOCIATE ENGINEER
$127.00
Erika Sinohuiz
ASSOCIATE PROJECT MANAGER
$127.00
Diana Smith
ADMINISTRATIVE SUPPORT
$95.00
Stephanie Milette
ADMINISTRATIVE SUPPORT
$95.00
ADDITIONAL HOURLY FEES (WHEN APPLICABLE*)
NAME DISCIPLINE HOURLY RATE
PROJECT MANAGER $145.00-$175.00
SENIOR ENGINEER $145.00-$175.00
ASSISTANT PROJECT MANAGER $110.00
ASSISTANT ENGINEER $110.00
ADMINISTRATIVE ASSISTANT $75.00
*Additional hourly fees will only apply upon approval from the Contract Manager.
Please note that NAI Consulting will provide the reimbursable expenses (reproduction,
messenger service, and postage) at cost without markup.
NAI
Consulting
11
246
Exhibit C
Schedule of Performance
Contracting Party shall complete all services identified in the Scope of Services,
Exhibit A of this Agreement, as requested by City within the time allowed by the total
contract sum.
Exhibit C
Page 1 of 1
247
Exhibit D
Special Requirements
Projects covered by this Agreement may be partially funded by various Program funds
administered through the California Department of Transportation (Caltrans). As such,
the Consultant shall comply with the requirements of 48 CFR, Federal Acquisition
Regulations System, Chapter 1, Part 31 et seq.; 49 CFR, Part 18, Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local Governments,
and Caltrans Local Procedures Manual Processing Procedures for Implementing Federal
and/or State Funded Local Public Transportation Projects.
Debarment And Susaension Certification.
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The Consultant's signature affixed to this Agreement shall constitute a certification, under
penalty of perjury, that, except as noted below, he/she or any other person associated
therewith in the capacity of owner, partner, director, officer, and manager:
• Is not currently under suspension, debarment, voluntary exclusion, or
determination of ineligibility by any federal agency;
• Has not been suspended, debarred, voluntarily excluded or determined
ineligible by any federal agency within the past 3 years;
• Does not have a proposed debarment pending; and
• Has not bee indicted, convicted, or had civil judgment rendered against it by a
court of competent jurisdiction in any matter involving fraud or official
misconduct within the past 3 years.
If there are any exceptions to this certification, insert the exceptions in the following space.
None.
Exceptions will not necessarily result in denial of award, but will be considered in
determining bidder responsibility. For any exception noted above, indicate below to
whom it applies, initiating agency, and dates of action.
Notes: Providing false information may result in criminal prosecution or administrative
sanctions. The above certification is part of the Agreement. Signing this
Agreement on the signature portion thereof shall also constitute signature of
this Certification.
Exhibit D
Page 1 of 6
248
Rebates, Kickbacks Or Other Unlawful Consideration. The CONSULTANT warrants
that this contract was not obtained or secured through rebates kickbacks or other
unlawful consideration, either promised or paid to any LOCAL AGENCY employee.
For breach or violation of this warranty, LOCAL AGENCY shall have the right in its
discretion; to terminate the contract without liability; to pay only for the value of the
work actually performed; or to deduct from the contract price; or otherwise recover
the full amount of such rebate, kickback or other unlawful consideration.
2. Prohibition Of Expending Local Agency State Or Federal Funds For Lobbying.
A. The CONSULTANT certifies to the best of his or her knowledge and belief that:
1) No state, federal or local agency appropriated funds have been paid, or will be
paid by -or -on behalf of the CONSULTANT to any person for influencing or
attempting to influence an officer or employee of any state or federal agency;
a Member of the State Legislature or United States Congress; an officer or
employee of the Legislature or Congress; or any employee of a Member of the
Legislature or Congress, in connection with the awarding of any state or federal
contract; the making of any state or federal grant; the making of any state or
federal loan; the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any state or federal
contract, grant, loan, or cooperative agreement.
2) If any funds other than federal appropriated funds have been paid, or will be
paid to any person for influencing or attempting to influence an officer or
employee of any federal agency; a Member of Congress; an officer or
employee of Congress, or an employee of a Member of Congress; in
connection with this federal contract, grant, loan, or cooperative agreement; the
CONSULTANT shall complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
B. This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is
a prerequisite for making or entering into this transaction imposed by Section 1352,
Title 31, US. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
C. The CONSULTANT also agrees by signing this document that he or she shall require
that the language of this certification be included in all lower -tier subcontracts, which
exceed $100,000, and that all such sub recipients shall certify and disclose
accordingly.
Exhibit D 249
Page 2 of 6
3. Certifications.
Caltrans LAPM Exhibits 10-F Certification of Consultant and 10-G Certification of
Local Agency, are attached and a part of this Agreement.
4. Cost Principles.
A. NAI agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal
Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to
determine the allowability of cost individual items.
B. The NAI also agrees to comply with federal procedures in accordance with 49 CFR,
Part 18, Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments.
C. Any costs for which payment has been made to DESIGN PROFESSIONAL that are
determined by subsequent audit to be unallowable under 48 CFR, Federal
Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to
repayment by NAI to the City.
5. Retention of Records/Audit.
For the purpose of determining compliance with Public Contract Code 10115, et seq.
and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when
applicable and other matters connected with the performance of the contract
pursuant to Government Code 8546.7; the CONSULTANT, subcontractors, and the
City shall maintain all books, documents, papers, accounting records, and other
evidence pertaining to the performance of the contract, including but not limited to,
the costs of administering the contract. All parties shall make such materials
available at their respective offices at all reasonable times during the contract period
and for three years from the date of final payment under the contract. The state, the
State Auditor, City, FHWA, or any duly authorized representative of the federal
government shall have access to any books, records, and documents of the
CONSULTANT that are pertinent to the contract for audit, examinations, excerpts,
and transactions, and copies thereof shall be furnished if requested. Subcontracts in
excess of $25,000 shall contain this provision.
Community Development Block Grant (CDBG) Project Regulations
CDBG funded work under this Agreement for Contract Services is subject to all
applicable Federal, State, and local laws and regulations, including but not limited to the
regulations pertaining to the Community Development Block Grant program (24 CFR and
Part 570), Executive Order #11246, and other applicable requirements.
Exhibit D 250
Page 3 of 6
1. Access to Records and Records Retention:
The Consultant and any sub -consultants shall allow all duly authorized County, Federal,
or State officials or authorized representatives access to the work area, as well as all
books, documents, materials, papers, and records of the Consultant and any Sub -
consultants that are directly pertinent to a specific program for the purpose of making
audits, examinations, excerpts, and transcriptions.
The Consultant and any sub -consultants further agree to maintain and keep such books,
documents, materials, papers, and records, on a current basis, recording all transactions
pertaining to this agreement in a form in accordance with generally acceptable accounting
principles.
All such books and records shall be retained for such periods of time as required by law,
provided, however, notwithstanding any shorter periods of retention, all books, records,
and supporting detail shall be retained for a period of at least four (4) years after the
expiration of the term of this Agreement.
2. Federal Employee Benefit Clause:
No member of or delegate to the congress of the United States, and no Resident
Commissioner shall be admitted to any share or part of this agreement or to any benefit
to arise from the same.
3. Equal Opportunity
The Consultant will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, or national origin. Consultant will ensure
that all qualified applicants will receive consideration for employment without regard to
race, color, religion, sex or national origin. The Consultant will take affirmative action to
ensure that applicants are employed, and the employees are treated during employment,
without regard to their race color, religion, sex, or national origin. Such actions shall
include, but are not limited to, the following: employment, up -grading, demotion, or
transfer; recruitment or recruitment advertising; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The Consultant
agrees to post in a conspicuous place, available to employees and applicants for
employment, notices to be provided by HUD setting forth the provisions of this non-
discriminating clause.
4. Section 3 of the Housing and Community Development Act of 1968
Economic Opportunities for Section 3 Residents and Section 3 Business Concerns
Sec. 135.38 Section 3 clause.
All Section 3 covered contracts shall include the following clause (referred to as
the Section 3 Clause):
Exhibit D 251
Page 4of6
A. The work to be performed under this contract is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended, 12
U.S.C. 1701 u (Section 3). The purpose of Section 3 is to ensure that employment
and other economic opportunities generated by HUD assistance or HUD -
assisted projects covered by Section 3, shall, to the greatest extent feasible, be
directed to low- and very low-income persons, particularly persons who are
recipients of HUD assistance for housing.
B. The parties to this contract agree to comply with HUD's regulations in 24 CFR
part 135, which implement Section 3. As evidenced by their execution of this
contract, the parties to this contract certify that they are under no contractual or
other impediment that would prevent them from complying with the part 135
regulations.
C. The contractor agrees to send to each labor organization or representative of
workers with which the contractor has a collective bargaining agreement or other
understanding, if any, a notice advising the labor organization or workers'
representative of the contractor's commitments under this Section 3 clause, and
will post copies of the notice in conspicuous places at the work site where both
employees and applicants for training and employment positions can see the
notice. The notice shall describe the Section 3 preference, shall set forth
minimum number and job titles subject to hire, availability of apprenticeship and
training positions, the qualifications for each; and the name and location of the
person(s) taking applications for each of the positions; and the anticipated date
the work shall begin.
D. The contractor agrees to include this Section 3 clause in every subcontract
subject to compliance with regulations in 24 CFR part 135, and agrees to take
appropriate action, as provided in an applicable provision of the subcontract or
in this Section 3 clause, upon a finding that the subcontractor is in violation of the
regulations in 24 CFR part 135. The contractor will not subcontract with any
subcontractor where the contractor has notice or knowledge that the
subcontractor has been found in violation of the regulations in 24 CFR part 135.
E. The contractor will certify that any vacant employment positions, including
training positions, that are filled (1) after the contractor is selected but before the
contract is executed, and (2) with persons other than those to whom the
regulations of 24 CFR part 135 require employment opportunities to be directed,
were not filled to circumvent the contractor's obligations under 24 CFR part 135.
F. The contractor will certify that any vacant employment positions, including
training positions, that are filled (1) after the contractor is selected but before the
contract is executed, and (2) with persons other than those to whom the
regulations of 24 CFR part 135 require employment opportunities to be directed,
were not filled to circumvent the contractor's obligations under 24 CFR part 135.
Exhibit D 252
Page 5 of 6
G. Noncompliance with HUD's regulations in 24 CFR part 135 may result in
sanctions, termination of this contract for default, and debarment or suspension
from future HUD assisted contracts.
H. With respect to work performed in connection with Section 3 covered Indian
housing assistance, Section 7(b) of the Indian Self -Determination and Education
Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under
this contract. Section 7(b) requires that to the greatest extent feasible (i)
preference and opportunities for training and employment shall be given to
Indians, and (ii) preference in the award of contracts and subcontracts shall be
given to Indian organizations and Indian -owned Economic Enterprises. Parties
to this contract that are subject to the provisions of Section 3 and Section 7(b)
agree to comply with Section 3 to the maximum extent feasible, but not in
derogation of compliance with Section 7(b).
5. Certifications and Reporting
Contractor agrees to complete and submit the following reporting forms at the initiation of
project activities:
A. Exhibit 113-5/113-6: BIDDER CERTIFICATION FOR AFFIRMATIVE ACTION
B. Exhibit B-8: QUESTIONNAIRE REGARDING BIDDER
C. Exhibit PA-5: SECTION 3 SUMMARY REPORT
Exhibit D 253
Page 6 of 6
Exhibit E
Insurance Requirements
E.1 Insurance. Prior to the beginning of and throughout the duration of this
Agreement, the following policies shall be maintained and kept in full force and effect
providing insurance with minimum limits as indicated below and issued by insurers with
A.M. Best ratings of no less than A -VI:
Commercial General Liability (at least as broad as ISO CG 0001)
$1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Non-contributory
Commercial Auto Liability (at least as broad as ISO CA 0001)
$1,000,000 (per accident)
Auto Liability Additional Insured
Personal Auto Declaration Page if applicable
Errors and Omissions Liability
$1,000,000 (per claim and aggregate)
Workers' Compensation
(per statutory requirements)
Must include the following endorsements:
Workers Compensation with Waiver of Subrogation
Workers Compensation Declaration of Sole Proprietor if applicable
Contracting Party shall procure and maintain, at its cost, and submit
concurrently with its execution of this Agreement, Commercial General Liability insurance
against all claims for injuries against persons or damages to property resulting from
Contracting Party's acts or omissions rising out of or related to Contracting Party's
performance under this Agreement. The insurance policy shall contain a severability of
interest clause providing that the coverage shall be primary for losses arising out of
Contracting Party's performance hereunder and neither City nor its insurers shall be
required to contribute to any such loss. An endorsement evidencing the foregoing and
naming the City and its officers and employees as additional insured (on the Commercial
General Liability policy only) must be submitted concurrently with the execution of this
Agreement and approved by City prior to commencement of the services hereunder.
Contracting Party shall carry automobile liability insurance of $1,000,000 per
accident against all claims for injuries against persons or 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
Exhibit E
Page 1 of 5
254
Contracting Party's employees will use personal autos in any way on this project,
Contracting Party shall provide evidence of personal auto liability coverage for each such
person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer
or semi -trailer designed for travel on public roads. The automobile insurance policy shall
contain a severability of interest clause providing that coverage shall be primary for losses
arising out of Contracting Party's performance hereunder and neither City nor its insurers
shall be required to contribute to such loss.
Professional Liability or Errors and Omissions Insurance as appropriate shall
be written on a policy form coverage specifically designed to protect against acts, errors
or omissions of the Contracting Party and "Covered Professional Services" as designated
in the policy must specifically include work performed under this agreement. The policy
limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must
"pay on behalf of the insured and must include a provision establishing the insurer's duty
to defend. The policy retroactive date shall be on or before the effective date of this
agreement.
Contracting Party shall carry Workers' Compensation Insurance in
accordance with State Worker's Compensation laws with employer's liability limits no less
than $1,000,000 per accident or disease.
If coverage is maintained on a claims -made basis, Contracting Party shall maintain such
coverage for an additional period of three (3) years following termination of the contract.
Contracting Party shall provide written notice to City within ten (10) working
days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the
required polices are reduced; or (3) the deductible or self -insured retention is increased.
In the event any of said policies of insurance are cancelled, Contracting Party shall, prior
to the cancellation date, submit new evidence of insurance in conformance with this
Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies
or certificates evidencing the same shall not be construed as a limitation of Contracting
Party's obligation to indemnify City, its officers, employees, contractors, subcontractors,
or agents.
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.
Exhibit E
Page 2 of 5
255
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
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
Exhibit E
Page 3 of 5
256
replacement coverage is provided, City has the right, but not the duty, to obtain any
insurance it deems necessary to protect its interests under this or any other agreement
and to pay the premium. Any premium so paid by City shall be charged to and promptly
paid by Contracting Party or deducted from sums due Contracting Party, at City option.
8. It is acknowledged by the parties of this agreement that all insurance
coverage required to be provided by Contracting Party or any subcontractor, is intended
to apply first and on a primary, non-contributing basis in relation to any other insurance
or self-insurance available to City.
9. Contracting Party agrees to ensure that subcontractors, and any other party
involved with the project that is brought onto or involved in the project by Contracting
Party, provide the same minimum insurance coverage required of Contracting Party.
Contracting Party agrees to monitor and review all such coverage and assumes all
responsibility for ensuring that such coverage is provided in conformity with the
requirements of this section. Contracting Party agrees that upon request, all agreements
with subcontractors and others engaged in the project will be submitted to City for review.
10. Contracting Party agrees not to self -insure or to use any self -insured
retentions or deductibles on any portion of the insurance required herein (with the
exception of professional liability coverage, if required) and further agrees that it will not
allow any contractor, subcontractor, Architect, Engineer or other entity or person in any
way involved in the performance of work on the project contemplated by this agreement
to self -insure its obligations to City. If Contracting Party's existing coverage includes a
deductible or self -insured retention, the deductible or self -insured retention must be
declared to the City. At that time the City shall review options with the Contracting Party,
which may include reduction or elimination of the deductible or self -insured retention,
substitution of other coverage, or other solutions.
11. The City reserves the right at any time during the term of this Agreement to
change the amounts and types of insurance required by giving the Contracting Party
ninety (90) days advance written notice of such change. If such change results in
substantial additional cost to the Contracting Party, the City will negotiate additional
compensation proportional to the increased benefit to City.
12. For purposes of applying insurance coverage only, this Agreement will be
deemed to have been executed immediately upon any party hereto 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
Exhibit E
Page 4 of 5
257
any reason. Termination of this obligation is not effective until City executes a written
statement to that effect.
15. Contracting Party shall provide proof that policies of insurance required
herein expiring during the term of this Agreement have been renewed or replaced with
other policies providing at least the same coverage. Proof that such coverage has been
ordered shall be submitted prior to expiration. A coverage binder or letter from
Contracting Party's insurance agent to this effect is acceptable. A certificate of insurance
and an additional insured endorsement is required in these specifications applicable to
the renewing or new coverage must be provided to City within five (5) days of the
expiration of coverages.
16. The provisions of any workers' compensation or similar act will not limit the
obligations of Contracting Party under this agreement. Contracting Party expressly
agrees not to use any statutory immunity defenses under such laws with respect to City,
its employees, officials, and agents.
17. Requirements of specific coverage features, or limits contained in this
section are not intended as limitations on coverage, limits or other requirements nor as a
waiver of any coverage normally provided by any given policy. Specific reference to a
given coverage feature is for purposes of clarification only as it pertains to a given issue
and is not intended by any party or insured to be limiting or all-inclusive.
18. These insurance requirements are intended to be separate and distinct from
any other provision in this Agreement and are intended by the parties here to be
interpreted as such.
19. The requirements in this Exhibit supersede all other sections and provisions
of this Agreement to the extent that any other section or provision conflicts with or impairs
the provisions of this Exhibit.
20. Contracting Party agrees to be responsible for ensuring that no contract
used by any party involved in any way with the project reserves the right to charge City
or Contracting Party for the cost of additional insurance coverage required by this
agreement. Any such provisions are to be deleted with reference to City. It is not the
intent of City to reimburse any third party for the cost of complying with these
requirements. There shall be no recourse against City for payment of premiums or other
amounts with respect thereto.
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 5 of 5
258
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
259
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 2 of 2
260
CONSENT CALENDAR ITEM NO. 10
City of La Quinta
CITY COUNCIL MEETING: June 18, 2024
STAFF REPORT
AGENDA TITLE: APPROVE CONTRACT SERVICES AGREEMENT WITH ALPHA
MEDIA FOR MARKETING SERVICES FOR FISCAL YEAR 2024/25
RECOMMENDATION
Approve Contract Services Agreement with Alpha Media for Marketing Services for Fiscal
Year 2024/25; and authorize the City Manager to execute the agreement.
EXECUTIVE SUMMARY
• Alpha Media is a broadcast company providing media, entertainment, and digital
marketing solutions.
• The City has utilized Alpha Media's services for radio and digital advertising to
educate and inform the community on IRONMAN 70.3 event and to ensure
compliance with AB 1383 through Cal Recycle for mandatory education on
recycling and composting.
FISCAL IMPACT
The total not to exceed amount for this agreement for fiscal year (FY) 2024/25 is $86,475
as detailed below.
The cost for Alpha Media's IRONMAN campaign is $26,475. Funds will be budgeted in
the FY 2024/25 Community Experiences account 101-3003-60149; costs have remained
consistent with FY 2023/24 campaign.
The cost for Alpha Media's Recycling Education campaign is $57,000, which includes
both radio and connected television ads. Funds will be budgeted in FY 2024/25 AB 939
Recycling Solutions account 221-0000-60127; costs have increased from FY 2023/24
campaign as the proposed agreement, if approved, will provide for a full year of services
versus a partial year period.
3ACKGROUND/ANALYSIS
The City has previously partnered with Alpha Media for radio, connected TV, and digital
marketing services to inform the community on IRONMAN, as well as recycling education.
261
The proposed agreement will expand to a full year of services for the recycling and
connected tv campaign; as well as continue the IRONMAN event information.
This campaign will bring the total of the agreement to $86,475 for fiscal year 2024/25.
ALTERNATIVES
Council may elect not to expand Alpha Media promotion services. Staff does not
recommend an alternative action.
Prepared by: Marcie Graham, Marketing Manager
Approved by: Gilbert Villalpando, Director
Attachments: 1. Alpha Media IRONMAN Proposal
2. Alpha Media OTT Proposal
3. Alpha Media Recycling Education Proposal
262
PRESENTED BY
Dayna Smith
April 30th, 2024
ATTACHMENT 1
263
Radio Schedule: 09/23 -10/6, 10/14 - 10/27 and 11/11- 12/8 (Monday - Sunday 7A-8P)
• 25 Thirty second commercials per week on 93.7 KCLB
• 25 Thirty second commercials per week on 98.5 The Bull
• 25 Thirty second commercials per week on 107.3 MOD
• 25 Thirty second commercials per week on 106.9 The Eagle
• 25 Thirty second commercials per week on U92.7
• 25 Thirty second commercials per week on 103.9 ESPN
• 25 Thirty second commercials per week on 94.3 KNWZ
• 25 Thirty second commercials per week on Mix 100.5
• 15 Fifteen second PSA's per week per station reminding people to check the map online for road closures and upcoming date of event
• On air interview
Digital Schedule: 09/30 - 12/08
• Rotating banner ads on all Alpha Media station websites with link to URL and map posted with Iron man route
• Mobile campaign - Mobile to social and targeted display advertising and performance tv (OTT/CTV)
o polygon select gyms, athlete races, other fitness competitions pull a lookback on all locations
o create lookalike audience from captured device ID's
o Utilize fitness/health & wellness audiences in the Coachella Valley
o Mobile retargeting
o Social strategy - upload captured device ID list into FaceBook and Instagram, reach those individuals through their social profiles
o Target audience on social - fitness junky, ironman, marathons, racing, crossfit, extreme sports, cycling, healthy lifestyle, active lifestyle, etc.
o Place a FaceBook retargeting pixel
TOTAL INVESTMENT: $26,475
Approved
Business Address
Start date
Date
City StateZip
End date
Advertiser may cancel this agreement upon 14 days prior notice. This agreement is confidential.
ion SA
K�NNWS =,9dffe7((RF1qr0JJ 9U
O
o.......�,t,..,...
From:
Alpha Digital
ATTACHMENT 2
To:
City of la Quinta
/�
AMDate:
5/14/2024
M
�,�+
Rep:
Dayna Smith
Digital Advertising Media Planner for:
City of la Quinta
Product
Jul-24 I
Aug-24 I
Sep-24 I
Oct-24 I Nov-24 I Dec-24 I Jan-25 I
Feb-25 I Mar-25 I
Apr-25 I
Ma -25 I
Jun-25 I
Total
TELEVISION TO WEB COMPANION AD
DELIVERY: CONNECTED COMMERCIAL
CONTENT DELIVERED TO TV SCREENS WITH POST IMPRESSION ACTION ANALYTICS
AUDIENCE CRITERIA: BRANDING CAMPAIGN - PSA TO THOSE LIVING IN IDENTIFIED
ZIP CODES
FOR EDUCATIONAL MESSAGES ABOUT RECYCLING IN THEIR COMMUNITY
Item
Connected Television Ad Delivery
20,630
20,630
20,630
20,630 20,630 20,630 20,630
20,630 20,630
20,630
20,630
20,630
247,560
OTT Ad Delivery
15,480
15,480
15,480
15,480 15,480 15,480 15,480
15,480 15,480
15,480
15,480
15,480
185,760
Viewable Display RT to Exposed HH's
2,400
2,400
2,400
2,400 2,400 2,400 2,400
2,400 2,400
2,400
2,400
2,400
28,800
38,510
38,510
38,510
38,510 38,510 38,510 38,510
38,510 38,510
38,510
38,510
38,510
462,120
CPM
Connected Television Ad Delivery
$ 48.00
$ 48.00
$ 48.00
$ 48.00
$ 48.00
$ 48.00
$
48.00
$ 48.00
$ 48.00
$
48.00
$ 48.00
$ 48.00
$
48.00
OTT Ad Delivery
$ 31.00
$ 31.00
$ 31.00
$ 31.00
$ 31.00
$ 31.00
$
31.00
$ 31.00
$ 31.00
$
31.00
$ 31.00
$ 31.00
$
31.00
Viewable Display RT to Exposed HH's
$ 12.50
$ 12.50
$ 12.50
$ 12.50
$ 12.50
$ 12.50
$
12.50
$ 12.50
$ 12.50
$
12.50
$ 12.50
$ 12.50
$
12.50
Cost
Connected Television Ad Delivery
$ 990
$ 990
$ 990
$ 990
$ 990
$ 990
$
990
$ 990
$ 990
$
990
$ 990
$ 990
$
11,883
OTT Ad Delivery
$ 480
$ 480
$ 480
$ 480
$ 480
$ 480
$
480
$ 480
$ 480
$
480
$ 480
$ 480
$
5,759
Viewable Display RT to Exposed HH's
$ 30
$ 30
$ 30
$ 30
$ 30
$ 30
$
30
$ 30
$ 30
$
30
$ 30
$ 30
$
360
$ 1,500
$ 1,500
$ 1,500
$ 1,500
$ 1,500
$ 1,500
$
1,500
$ 1,500
$ 1,500
$
1,500
$ 1,500
$ 1,500
$
18,001
Effective Audience CPM
Reach of Audience at Effective CPM
$ 39
$ 39
$ 39
$ 39
$ 39
$ 39
$
39
$ 39
$ 39
$
39
$ 39
$ 39
$
39
TARGET MARKET PROJECTIONS
Zip Codes = 92253, 92210, 92247, 92248
*Due to small population size, budgets may need to be shifted between video products during program
265
City of La Quinta
July 1st, 2024 - June 30th, 2025
ATTACHMENT 3
• You choose the two stations.
• 160x + 160x Paid thirty second commercials on two radio stations of your choice.
• 160x + 160x + 160x Bonus thirty second commercials on three additional stations of your choice.
• 800x Total
Total Annual Contract: $42,000
Approved Date Start:07/01/24 End:06/30/25
*Commercials will be scheduled Monday through Sunday 6a-10p.
Stations: U92.7, 93.7, 106.9,100.5 and 98.5
• pricing based on a 4 week month
Monthly Package $3,500/Month
M4 ALPHAM EDIA
i LIVE. LOGOL,PALM SPRING$
266
City of La Quinta CONSENT CALENDAR ITEM NO. 11
CITY COUNCIL MEETING: June 18, 2024
STAFF REPORT
AGENDP TITLE: APPROVE AMENDMENT NO. 4 TO REIMBURSEMENT
AGREEMENT WITH COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS FOR
AVENUE 48 ARTS AND MUSIC LINE PROJECT NO. 2020-08
RECOMMENDATION
Approve Amendment No. 4 to the Reimbursement Agreement with the Coachella Valley
Association of Governments for the Avenue 48 Arts and Music Line Project No. 2020-08;
and authorize the City Manager to execute the amendment.
EXECUTIVE SUMMARY
• Coachella Valley Association of Governments (CVAG) is the lead agency for the
Avenue 48 Arts and Music Line project improvements and has contracted Webb
and Associates to design the project (Attachment 1).
• In March 2020 the City approved a reimbursement agreement with CVAG along
with the Cities of Coachella and Indio. The participating cities' local share of the
design cost is determined by their respective linear mileage of the project.
• CVAG was successful in receiving an Active Transportation Program (ATP) grant
in the amount of $36.483 million for the construction.
• Amendment No. 1 updated the cost share associated with the design, Amendment
No. 2 added additional design to the agreement, and Amendment No. 3
incorporated construction management costs and added the non -infrastructure
services to the agreement.
• Amendment No. 4 authorizes additional scope of services for Albert A. Webb
Associates for the design of the project.
FISCAL IMPACT
Amendment No. 4 will revise CVAG's 75% total regional share under the agreement to
$5,640,394, and the 25% local share to $1,881,131. The total project cost is allocated as
follows:
267
Executed
Amendment
Amount
Regional
Share
Local
Share
Original Contract
March 18, 2020
$2,731,897
$2,048,923
$682,974
Amendment No. 1
February 28, 2022
$0.00
$0.00
$0.00
Amendment No. 2
December 5, 2022
$1,060,000
$795,000
$265,000
Amendment No. 3
December 4, 2023
$1,494,063
$1,120,547
$373,516
Amendment No. 4
April 29, 2024
$2,234,565
$1,675,924
$558,641
Total Contract not -
to -exceed
$7,520,525
$5,640,394
$1,880,131
The 25%, or $1,880,131, local share is divided between the Cities of La Quinta, Indio,
and Coachella based on their respective linear mileage of the project; each city's share
is detailed in the table below. The City's total share of the 25% is $470,033, which includes
an additional $139,660 for Amendment No. 4. There is sufficient funding in the project
budget (401-0000-60188-202008-D) for the additional cost to the City.
La Quinta
Indio
Coachella
Total Local Share 25%
$470,033
(25%)
$1,259,688
(67%)
$150,410
(8%)
$1,880,131
(100%)
BACKGROUND/ANALYSIS
CVAG coordinated with the cities of La Quinta, Coachella, Indio, and Riverside County to
develop the 10-mile project. The Arts and Music Line is a community connector to the CV
Link that's located primarily along Avenue 48 between Highway 86 and Washington
Street. The eastern end will extend along Dillon Road to the Spotlight 29 Casino. The
western end will extend southward along Washington Street and then further west and
south along Eisenhower Drive, connecting to the Bear Creek Trailhead at the western
terminus of Calle Tampico.
The project's design will incorporate both light and sound, and provide pedestrians and
cyclists safe access to the music and art festivals at the Empire Polo Grounds.
Partnerships with two school districts and Golden Voice, provides an opportunity to
feature students' art and music along the route.
In March 2020, the City executed a reimbursement agreement with CVAG and the cities
of Indio and Coachella for the design of the project. The Avenue 48 Arts and Music Line
is a priority identified in CVAG's Transportation Project Prioritization Study (TPPS) and
was therefore eligible for regional transportation funding. By designing this project, CVAG
was able to secure a $36.483M ATP grant for construction.
Amendment No. 1, executed February 2022, revised the cost share after a portion of the
La Quinta improvements was removed to improve the chances of receiving ATP grant
funding. Amendment No. 2, executed December 2022, included additional design costs.
268
Amendment No. 3 extended the term of the agreement through December 31, 2025,
incorporated the costs associated with pre -construction and construction management
services per CVAG's agreements with Anser Advisory Management, LLC and T.Y. Lin
International, and added non -infrastructure services per CVAG's agreement with Chen
Ryan Associates.
Proposed Amendment No. 4 authorizes the additional scope of services in accordance
with the attached Albert A. Webb Associates letter dated March 11, 2024, for the not -to -
exceed amount of $2,234,565. The total amount payable shall not exceed $7,520,525.
AL i tRNA i ivts
Council may elect not to approve this amendment.
Prepared by: Carley Escarrega, Administrative Technician
Approved by: Bryan McKinney, PE, Public Works Director/City Engineer
Attachments: 1. Avenue 48 Arts and Music Line Project Map
2. Amendment No. 4 to Reimbursement Agreement With CVAG
269
•�wr .
sz
8,600 Feet
46
CVAG APIs aird Music Llxr
Adwe T". aborlahow Program Cyde G Grain Apbb alml
r
ATTACHMENT 1
�~fa
ODUNIY,
CAPON)
1 �
1
Legend
Proposed Improvements
R
Arts and Music Line and
School Connection Spurs
< rz>
Connection to CV Link
Existing/Planned Conditions
CV Link
Bicycle Lanes
Sear Creek Trail
Sc•hooh
Palo Ficlds/Local Event Venue
jurisdictions
�. w
Coachella
r., rr, we
Indio
La Quinta
Unincorporated Riverside County
Project Location Map
270
ATTACHMENT 2
Contract No. CVAG-20-018-04
Project: ATP — Arts and Music Line
AMENDMENT NUMBER FOUR
TO THE
REIMBURSEMENT AGREEMENT BY AND BETWEEN
CVAG AND THE CITY OF LA QUINTA
FOR THE
ATP — ARTS AND MUSIC LINE
This AMENDMENT NUMBER FOUR is made and entered into this 29t" day of April 2024, by and
between the Coachella Valley Association of Governments, a California joint powers agency
(CVAG), the City of La Quinta (Agency) and is made with reference to the following background
facts and circumstances. All other terms and conditions shall remain the same as stated in the
original agreement dated March 18, 2020 for the ATP — Arts and Music Line Project.
1. This Amendment Number Four authorizes the additional scope of services in
accordance with the attached Albert A. Webb Associates letter dated March 11, 2024
for the not -to -exceed amount of $2,234,565. The total amount payable shall not
exceed $6,026,462.
2. This Amendment Number Four increases CVAG's Regional Share to $5,640,394, and
the Local Share to $1,880,131.
3. This Amendment Number Four authorizes CVAG to amend the cost -sharing
agreements between CVAG and the Cities of La Quinta, Indio and Coachella for
design costs related to the ATP - Arts and Music Line, by adding $2,234,565 to the
total costs for a revised total of $7,520,525 which represents an additional $1,675,924
totaling $5,640,394 for the 75 percent CVAG share and an additional $558,641
totaling $1,880,131 for the 25 percent local share.
CVAG Approval
Date
Amendment
Amount
Regional
Share
(75%)
Local
Share
(25%)
Original Contract
March 18, 2020
$2,731,897
$2,048,923
$682,974
Amendment Number One
February 28, 2022
No Cost
$0
$0
Amendment Number Two
December 5, 2022
$1,060,000
$795,000
$265,000
Amendment Number Three
December 4, 2023
$1,494,063
$1,120,547
$373,516
Amendment Number Four
April 29, 2024
$2,234,565
$1,675,924
$558,641
Total Contract not -to -exceed
$7,520,525
$5,640,394
$1,880,131
Based on the revised additional $558,641 to the local share, the revised 25 percent local share,
totals $1,880,131 per this amendment, which will be split between the cities of La Quinta,
Coachella and Indio as follows:
La Quinta
Indio
Coachella
Total Local Share
25%
$470,033
$1,259,688
$150,410
$1,880,131
(25%)
(67%)
(8%)
(100%)
SIGNATURES ON NEXT PAGE
271
Contract No. CVAG-20-018-04
Project: ATP — Arts and Music Line
The parties hereto have caused this Amendment Number Four to be executed by their duly
authorized representatives on the above -reference date.
ATTEST
Monika Radeva, City Clerk
ATTEST
0
Allen McMillen, Contracts Analyst II
CITY OF LA QUINTA
in
Jon McMillen, City Manager
COACHELLA ASSOCIATION OF
GOVERNMENTS
In
Tom Kirk, CVAG Executive Director
272
Contract No. CVAG-20-018-04
Project: ATP — Arts and Music Line
Attachment A-1
Albert A. Webb Associates — Arts & Music Line Amendment No. 3
Additional Scope of Services and Compensation
Please refer to the following Albert A. Webb Associates letter dated March 11, 2024
273
A L 6 E R T A.
March 11, 2024
A S S O C I A T E S
Corporate Headquarters Mr. Randy Bowman
3788 McCrayStreet Program Manager - Transportation
Riverside, CA 92506
951.686.1070 Coachella Valley Association of Governments
74-199 El Paseo, Suite 100
Murrieta Office Palm Desert, CA 92260
41870 Kalmia Street 4160
Murrieta, CA 92562 RE: CVAG' s Arts & Music Line Contract Amendment
T: 951.686.1070
Dear Randy:
Albert A. Webb Associates (WEBB) is requesting a budget amendment for Arts & Music
Line to provide additional professional services related to additional engineering and
additional environmental documentation according to the National Environmental
Policy Act (NEPA).
The Scope of Services is described in Exhibit A, and the Compensation for
Additional Work is described in Exhibit B.
We look forward to continuing to work with CVAG on this project.
Sincerely,
Albert A. Webb Associates
Dilesh Sheth, PE, TE
Senior Vice President
yyy� � .W®IO0
H:\2020\20-0003\Proposals, Contracts, & Change Orders\CO_2024-03\20-0003_Addimonal2er�ces 2�024 m
03.docx
274
CVAG' S ARTS & MUSIC LINE CONTRACT AMENDMENT
EXHIBIT A - SCOPE OF SERVICES
Task 1 - Additional NEPA Services
NEPA Technical Studies
Additional effort associated with the Caltrans NEPA document coordination and technical studies.
HRER
/E will prepare an Historic Resource Evaluation Report (HRER) to the standards outlined in
Caltrans Standard Environmental Reference (SER), Volume 2, Cultural Resources.
/E will include additional time for Caltrans' second review of the Historic Properties Survey
Report (HPSR) packet to accommodate two rounds of comments for the HRER.
WEBB will include additional time for Caltrans review and coordination.
La Quinta Evacuation Channel East Bank
Address the change in project design from the west to the east bank of the channel:
• /E will conduct a pedestrian spot-check survey of the east side of the La Quinta Evacuation
Channel.
• /E will update the HRER, Archaeological Survey Report (ASR), Area of Potential Effects (APE)
map, and HPSR with the revised project description and survey results.
• /E will include additional time for a third round of review and comments of the HPSR packet
by Caltrans.
• WSP will conduct a site visit of east bank and prepare a memorandum for Caltrans review
and approval to supplement the approved Natural Environment Study - Minimal Impacts
(NES-MI) and Jurisdictional Delineation.
• WEBB will include additional time for Caltrans review and coordination.
Water Quality Technical Memorandum
• WEBB will address the comments from Caltrans requesting additional detail in the Water
Quality Technical Memorandum (WQTM).
• A Risk Level Assessment will be conducted and requested calculations of disturbed surface
will be provided for the entire project and the east bank alignment change.
• WEBB will include additional time for Caltrans review and coordination.
Traffic Study
Analyze additional intersections for traffic signal warrants.
• Youngs Lane & Avenue 48
• Solano Avenue/Sundial Street & Avenue 48
• Oasis Street & Avenue 48
• Rancho Las Flores Park Driveway & Van Buren Street
• Van Buren Street with an RRFB or Pedestrian Hybrid Beacon at Martin Van Buren
Elementary
• Avenue 49 and Braley Court, a Pedestrian Hybrid Beacon
Page 2
H:\2020\20-0003\Proposals, Contracts, & Change Orders\CO_2024-03\20-0003_Additional Services_2024-03.docx
275
CVAG' S ARTS & MUSIC LINE CONTRACT AMENDMENT
Task 2 - Geotechnical and Drainage Analyses for the Bike Barrier Mitigations
Avenue 48 within the boundaries of the City of Indio and the City of Coachella currently does not have
the Master Drainage System in place. Consequently, it frequently experiences significant water
accumulation on the street during rainstorms. In response to this issue, both cities have sought
drainage solutions to address the reduced capacity resulting from the proposed bike barrier on the
street's north side. As part of our inquiry, we have pinpointed medians near Solano Avenue as potential
locations for implementing underground storm drain systems. Our scope of service is as follows:
• We will prepare drainage analysis to determine the loss of capacity due to bike barriers along
Avenue 48 between Washington Street and Dillon Road.
• We will prepare drainage analysis to determine the mitigation stormwater volume at the
downstream end of Avenue 48 to keep the flow depth to the previous condition.
• We will prepare drainage analysis to determine the underground drainage system needed to
mitigate the additional flow.
• We will perform hand excavation of four percolation borings to depths up to 10 feet below the
ground surface. Collect soil samples for grain size analyses. Set percolation pipe in the
percolation borings and pre -saturate the test locations.
• We will perform percolation testing in accordance with the Riverside County Handbook. Upon
test completion, we will pull the percolation pipe and loosely backfill the borings with native
soil.
• We will perform laboratory testing, which is anticipated to include grain size analyses. The final
laboratory test program will depend on the soil conditions encountered during the
investigation.
• We will prepare a limited percolation test report for the project, including a discussion of the
soil types encountered, grain size analyses test results, percolation test data with calculated
infiltration rates, and a figure depicting the percolation test locations.
Task 3 - La Quinta Evacuation Channel Connector (LQEC Connector) Technical
Memorandum, Alignment and Design Changes
Assess five potential alignment options for the LQEC connector and draft a technical memorandum
outlining the rationale behind selecting the preferred option.
In response to a request from CVWD staff during the December 18t" meeting, relocate the LQEC
Connector to the east bank and ensure the Channel Connector remains outside of a 100-year flood
zone. Our scope of service includes:
We will prepare preliminary alignment and profile for the east bank LQEC Connector. Prepare
preliminary retaining wall profile to keep the 100-year flood. Prepare preliminary drainage
analysis for before and after conditions.
Page 3
H:\2020\20-0003\Proposals, Contracts, & Change Orders\CO_2024-03\20-0003_Additional Services_2024-03.docx
276
CVAG' S ARTS & MUSIC LINE CONTRACT AMENDMENT
• We will provide coordination with the CVWD and their consultant for preliminary design and
drainage analysis approval.
• We will prepare the final alignment and profile for the east bank LQEC Connector. Prepare the
final retaining wall profile design to keep the 100-year flood. Prepare final drainage analysis for
before and after conditions. Prepare scour analysis per CVWD requirements.
• We will prepare a structural design for the retaining wall and the LQEC Connector.
• We will prepare electrical design alternatives and final electrical design plans.
• We will prepare plans for the safety features (phone booth, surveillance camera, and sensors).
• We will coordinate with the CVWD and their consultant to approve the final design, drainage,
and scour analysis.
Task 4 - Hjorth Street Alignment Extension to Avenue 50
The Mountain Vista Elementary School (School) is located between Avenue 49 and Avenue 50 on
Hjorth Street. To enhance student benefits, CVAG has chosen to extend the Arts and Music Line to
connect with the school. Our scope of service is outlined as follows:
Collect traffic and parking data at the school site.
• We will prepare school connector alternatives with Class IV, Class III, and Class II bike facilities,
as well as different parking configurations, and provide traffic calming features.
• We wil coordinate with the City of Indio and obtain approval for preferred alternatives.
• We will prepare final street improvement and signing & striping plans
Task 5 - Prepare Improvement Plans for New Traffic Signals
As listed within the NEPA traffic study, additional intersections are supported for traffic signal warrant
analysis, including pedestrian bicycle treatments. Our scope of service includes the final design of the
following intersections:
• Youngs Lane & Avenue 48
• Solano Avenue/Sundial Street & Avenue 48
• Oasis Street & Avenue 48
• Rancho Las Flores Park Driveway & Van Buren Street
• Van Buren Street with an RRFB or Pedestrian Hybrid Beacon at Martin Van Buren Elementary
• Avenue 49 and Braley Court, a Pedestrian Hybrid Beacon
Page 4
H:\2020\20-0003\Proposals, Contracts, & Change Orders\CO_2024-03\20-0003_Additional Services_2024-03.docx
277
CVAG' S ARTS & MUSIC LINE CONTRACT AMENDMENT
Task 6 - Revise Signing and Striping Plans
Due to the modifications of the traffic study operational analysis and civil adjustments of curb
and gutter, several iterations impacted the final design elements of the signing and striping
layouts at the proximity of the intersections and transitions to and from existing conditions.
Our scope of service is outlined as follows:
• We will utilize traffic simulation tools to evaluate the impact of proposed signing and
identified areas for enhancement or revision.
• Local, regional, and state regulations from the CA-MUTCD had been updated during
the design process. The team will implement modifications to account for design
impacts.
• We will modify sight lines and placement of signs to minimize overlapping.
• We will determine appropriate signage placement and types, considering factors such
as visibility, readability, and driver comprehension.
Task 7 - Prepare Signing, Striping, and Pavement Marking Plans for the School Connector
Spurs
• We reviewed inventory of existing bike signing, striping, and markings along the school
connector spurs.
• We reviewed the City of Indio's grind and overlay project signing & striping plans.
• We provided recommendations for improvements based on existing and after grind and
overlay project completion.
• We Prepared signing, striping, and marking improvement plans for the following roadways.
o Avenue 46 from Shields Road to Clinton Street
o Madison Street from Avenue 48 to Avenue 46
o Monroe Street from Avenue 48 to Dr. Carreon Boulevard
o Jackson Street from Jackson Street to Highway 111
o Dr. Carreon Boulevard from Jackson Street to Calhoun Street
o Moon River Drive from Avenue 50 to La Quinta Middle School
Task 8 - Additional Effort for the Project Lighting
Connector Mock Up
• We will coordinate Mockups with the consultant team and agencies to provide location and
costs for Mockup Demo of lighting fixtures.
• We will coordination with Manufacturers for product costs and delivery
Page 5
H:\2020\20-0003\Proposals, Contracts, & Change Orders\CO_2024-03\20-0003_Additional Services_2024-03.docx
278
CVAG' S ARTS & MUSIC LINE CONTRACT AMENDMENT
• We wil coordinate with the controls team to run night-time demonstrations of the color -
changing capabilities of proposed light fixtures.
• We will coordinate for a power source to run proposed light fixtures.
Connector Lighting Consultation Revisions
• We will provide a new lighting scheme along Dillon Rd. from Ave 48 to Cabazon Rd. Lighting
shall be incorporated into the raised concrete barrier. Coordinate pricing and cost estimate
updates with BABA -compliant lighting fixtures. Lighting designs shall be a collaborative effort
between lighting designer, civil engineer, and project artist.
• We will provide a new lighting scheme along Hjorth St. from Avenue 48 to Avenue 49, on Van
Buren St. from Avenue 48 to the project boundary, and along Dillion Rd. from Cabazon to the
freeway overpass. Lighting shall be incorporated into the concrete path per Circular
Dimensions request. Coordinate pricing and cost estimate updates. Lighting designs shall be
a collaborative effort between the lighting designer, civil engineer, and artist. Provide a new
lighting scheme along the channel connector to the project boundary/CV link connection
bridge. Lighting shall be incorporated per the direction of Circular Dimensions. Coordinate
pricing and cost estimate updates. Lighting designs shall be a collaborative effort between the
lighting designer, civil engineer, and artist.
• Additional team meetings for lighting design coordination with artist and agencies.
Connector Electrical Construction Document Revisions
• We will update existing electrical construction documents to include the new lighting designs
along Dillon Rd. from Ave 48 to Cabazon Rd., along Hjorth St. from Ave 48 to Avenue 49, on
Van Buren St. from Avenue 48 to the project boundary, along Dillion Rd. from Cabazon to the
freeway overpass and along the channel connector to the project boundary/CV link connection
bridge. Provide electrical engineering services for additional electrical systems and lighting
controls for new lights, modify panel schedules, details, and fixture schedules, and coordinate
drafting services.
• We will have additional coordination with the team for an additional electrical meter pedestal
and lighting control cabinet. Three (3) anticipated.
• We will Provide CSI `Book' specifications for all light fixtures.
Connector Baba Compliance coordination
• We will provide consultation and coordination to provide alternate BABA -compliant light
fixtures per CVAG request. Lighting concepts and budgets were established before BABA
compliance requirements.
Page 6
H:\2020\20-0003\Proposals, Contracts, & Change Orders\CO_2024-03\20-0003_Additional Services_2024-03.docx
279
CVAG' S ARTS & MUSIC LINE CONTRACT AMENDMENT
• Before the construction, WEBB will organize a lighting demonstration event for the project.
This is to ensure that all stakeholders have a clear understanding of the proposed lighting
solutions.
Connector Fiber Connection Coordination/Plan Revisions.
• We will provide coordination and design changes to the electrical documents, including fiber
drops into the lighting control cabinets. Additional coordination with the lighting commissioning
team is needed to determine the fiber switch interface with lighting control equipment.
• We will have additional team meetings for control cabinet locations and lighting control
requirements.
Task 9 - Coordination with the CV Sync Project
CVAG is implementing Phase 2 of the CV Sync project along Avenue 48, spanning from Washington
Street to Dillon Road. The construction of the CV Sync project will precede Arts and Music Line. It's
imperative to coordinate efforts with the CV Sync project to reduce the need for reconstructing the CV
Sync facility and to ensure its compatibility as communication infrastructure for the Arts and Music
Line.
Task 10 - Revise Street Improvements and Intersection Improvement Plans
• We will prepare street improvement plans for the Dr. Carreon segment from Jackson St to
Calhoun St in Indio.
• We will update the intersection of Washington Street and Avenue 48 to minimize the
reconstruction and acquisition of additional right-of-way.
• We will update street improvement plans for bike barrier saw -cut lines.
• We will update ramps around adjusted traffic signal poles to meet ADA guidelines.
• We will update Van Buren street improvements to accommodate IID pole relocation
requirements.
Task 11 - Revise Art Treatment Plans
• WEBB will revise art treatment plans to reduce the color concrete.
Task 12 - Research and Recommend Cost Effective Alternate to the Color Concrete
WEBB will conduct a thorough analysis of costs associated with alternative pavement coating
options, providing stakeholders with insights into the financial/ maintenance and
constructability implications. Additionally, a memorandum will outline the advantages and
disadvantages of using alternative coating pavement compared to the originally proposed
Page 7
H:\2020\20-0003\Proposals, Contracts, & Change Orders\CO_2024-03\20-0003_Additional Services_2024-03.docx
CVAG' S ARTS & MUSIC LINE CONTRACT AMENDMENT
colored concrete, facilitating informed decision -making.
Task 13 - Additional Graphics, Animation, and Presentation Preparation Services
• We obtained drone footage for the La Quinta Evacuation Channel.
• We Prepared three animations (at -grade, undercrossing, and overcrossing for the LQEC west
bank connector.
• We Prepared two animations for the LQEC east bank connector with different lighting options.
• We will prepare and assist with presentations for CVWD, Safety Personnel, and the school
district.
Task 14 - Prepare Tree Planting Exhibit for the Urban Greening Program Grant
WEBB assisted the CVAG with preparing an exhibit for tree -planting along the Arts and Music
alignment. WEBB reviewed existing landscaping, trees, opportunities, and constraints along the
corridor and recommended the proposed trees.
Task 15 - Prepare Additional Legal and Plats and Provide Additional Right -of -Way Effort
We have estimated that approximately 15 legal and plats are needed for the project. After 65% plan
preparation, it is determined that an additional 35 legal and plats are required. We will prepare
additional legal and plats.
WEBB will provide additional appraisals, acquisitions, negotiations, and escrow coordination
services.
Task 16 - Utility Potholing and Utility Relocation
• We estimated approximately 20 potholes are needed for the project. After 65% plan
preparation, it is determined that an additional 30 potholes are needed for the project.
• We will coordinate with IID to relocate power poles along Van Buren.
• We will coordinate with the Valley Sanitary District for manholes located within the bike barrier.
Task 17 - Additional Field Survey
• WEBB conducted further research on ROW and titles for the existing easements along
Ave 48, including locations at Adams St, Endless Sky, Dune Palms Rd, Miraflores Blvd,
Bougainvillea St, Jefferson St, Hjorth St, Calle Conejo, Coronado Dr, Desert Grove Dr,
Arabia St, Oasis St, and intersections at Ave 49/Hjorth St, Ave 49/Braley Ct, Van Buren
St, Las Flores Park, as well as along Dillon Rd.
• WEBB conducted additional field topo and ROW delineation research at Solano Ave
and the parkway spanning between Monroe St and Arabia St, to facilitate the installation
of a new signal location and for drainage mitigation purposes.
Page 8
H:\2020\20-0003\Proposals, Contracts, & Change Orders\CO_2024-03\20-0003_Additional Services_2024-03.docx
281
CVAG' S ARTS & MUSIC LINE CONTRACT AMENDMENT
• WEBB also conducted extra field topo at intersections along Ave 48, including Jackson
St, Madison St, Monroe St, Outdoor Resort, Shields Ave, and Youngs Ln, to ensure
compliance with ADA curb ramp designs.
• Furthermore, WEBB will conduct field topo and ROW research along the Dr. Carreon
segment between Jackson St and Mangrove St. This is intended to support roadway
widening efforts aimed at accommodating buffered Class II bike lanes at this segment.
Task 18 - Wayfinding Signages and Bike Amenities Hubs
Wayfinding Signages & Project Specific Signs
• As part of enhancing accessibility and navigation within the project area, WEBB will prepare
the wayfinding signage plan. This plan will optimize the placement and design of signages to
facilitate smooth movement for bicyclists along the corridor.
• WEBB will design the street name signs explicitly tailored for the project, contributing to a
cohesive and visually appealing streetscape that enhances the overall aesthetics and
functionality of the project.
Bicycle Amenities Data Review and Design
• We will review the project bike amenities matrix at 9 locations and make recommendations on
needed improvements. The recommendations will take into account the condition of each
amenity type, required maintenance, needed utility infrastructure, or other specifics.
• The team will develop a memorandum that reflects the specifications for each amenity type,
inventory results, recommendations to be shown at the 9 locations (amenities layouts), and
submit the results for CVAG acceptance.
• We will develop a layout and submittal for each of the nine locations including specific location
for each amentity type.
• Results for the task will be presented via a virtual meeting and the task assumes one round of
revisions. Attend up to two (2) meetings with the project team.
• WEBB will provide the landscape themed plan sheets for the proposed bike amenities
locations.
Task 19 - Additional Project Management and Coordination
WEBB will provide additional project management and coordination. WEBB will schedule, chair, and
prepare meeting agendas and meeting minutes. WEBB will collaborate closely with Golden Voice
and the School District to facilitate and design the connection between Ave 49 and 50.
Page 9
H:\2020\20-0003\Proposals, Contracts, & Change Orders\CO_2024-03\20-0003_Additional Services_2024-03.docx
282
CVAG' S ARTS & MUSIC LINE CONTRACT AMENDMENT
Task 20 - Additional Specification and Cost Estimate
WEBB will provide project specifications and cost estimates, including various options like colored
concrete or pavement coating alternative for the bike pathway, as well as alternatives for the raised
bike barrier.
H:\2020\20-0003\Proposals, Contracts, & Change Orders\CO_2024-03\20-0003_Additional Services_2024-03.docx
Page 10
283
CVAG' S ARTS & MUSIC LINE CONTRACT AMENDMENT
EXHIBIT B - COMPENSATION FOR ADDITIONAL SCOPE OF SERVICES
Services described in our Scope of Work (Exhibit "A") shall be provided on a time and material basis
not to exceed $2,234,565.
Comaensation Breakdown
Task 1-Additional NEPA Effort
$
87,441
Task 2-Geotechnical and Drainage Analyses for the Bike Barrier
$
28,457
Mitigation
Task 3-La Quinta Evacuation Channel Connector (LQEC Connector)
$
358,989
Task 4-Hjorth Street Alignment Extension to Ave 50
$
47,000
Task 5-Prepare Improvement Plans for New Traffic Signal
$
203,500
Task 6-Revise Signing and Striping Plans
$
165,000
Task 7-Prepare Signing, Striping, and Pavement Marking Plans for
$
25,000
the School Connector Spur
Task 8- Additional Effort for the Project Lighting
$
88,705
Task 9-Coordination with the CV Sync Project
$
10,000
Task 10-Resive Street Improvement & Intersection Improvement
$
250,000
Plans
Task 11-Revise Art Treatment Plans
$
25,000
Task 12-Research & Recommend Alternate for Color Concrete
$
20,000
Task 13-Additional Graphics, Animation & Presentation Preparation
$
87,660
Task 14-Prepare Tree Planting Exhibit for Urban Greening Grant
$
12,000
Task 15-Prepare Additional Legal & Plats & Additional ROW
$
320,643
Task 16-Utility Potholing and Utility Relocation
$
189,670
Task 17-Additional Field Survey
$
30,000
Task 18-Wayfinding Signage and Bike Amenities Hubs
$
80,000
Task 19-Additional Project Management and Coordination
$
163,500
Task 20-Specifications and Cost Estimate
$
42,000
$ 2,234,565
Page 11
H:\2020\20-0003\Proposals, Contracts, & Change Orders\CO_2024-03\20-0003_Additional Services_2024-03.docx
284
CONSENT CALENDAR ITEM NO. 12
City of La Quinta
CITY COUNCIL MEETING: June 18, 2024
STAFF REPORT
AGENDA TITLE: APPROVE AMENDMENT NO. 3 TO AGREEMENT FOR CONTRACT
SERVICES WITH HGA TO ALLOCATE FUNDING FOR ADDITIONAL DESIGN
SERVICES FOR CULTURAL CAMPUS PROJECT NO. 2019-01
RECOMMENDATION
Approve Amendment No. 3 to Agreement for Contract Services with HGA to allocate
funding for additional design services for Cultural Campus Project No. 2019-01 in the
amount of $18,718; and authorize the City Manager to execute the amendment.
EXECUTIVE SUMMARY
• On March 1, 2022, Council approved an Agreement for Contract Services
(Agreement) with Hammel, Green, and Abrahamson (HGA) to provide master
planning and preliminary design services for the La Quinta Cultural Campus
Project (Project).
• HGA collaborated with staff and stakeholders to design the Project, and on April
16, 2024, Council approved the preliminary design plans.
• Amendment No. 3 (Attachment 1) to the Agreement proposes an $18,718 increase
in compensation for the design of additional Project components that were not
included in the original Project scope.
FISCAL 11VIV ►U i
Project budget reallocation of $18,718 into the master planning and preliminary design
services category, for a total of $550,832, is requested due to costs related to additional
Project components that were not included in the original design scope.
The Project budget was allocated in fiscal years (FY) 2019/20 and 2020/21 Capital
Improvement Program (CIP). The current Project budget of $3,310,000 is available for
FY 2023/24. FY 2024/25 proposes to include an additional $1,500,000 for design and
construction. The following is the Project budget:
285
Current Project Budget
Proposed Project Budget
Professional
$
190,182
$
190,182
Master Planning/Design
$
550,832
$
1,032,114
Construction
$
2,053,636
$
3,053,636
Inspection/Testing/Survey
$
217,705
$
217,705
Contingency
$
297,645
$
316,363
TOTAL:
$
3,310,000
$
4,810,000
BACKGROUND/ANALYSIS
The components of the La Quinta Cultural Campus include the La Quinta Museum,
Lumberyard, casita, archive, and art plaza/gathering space referred to as the "oasis"
(Attachment 2). In March 2022, an agreement was approved with HGA to provide master
planning and preliminary design services for the Project with a focus on the following
areas:
• Creating a more welcoming and clearly defined museum entrance
• Improving museum flow and functionality
• Creating an inviting outdoor space for small events, art opportunities, and
educational workshops
• Expanding and enhancing archive space
Project preliminary design plans were prepared by HGA based on requests and feedback
provided by staff and stakeholders, including the La Quinta Historical Society and a
Cahuilla Tribal Consultant. HGA presented updates to Council in June 2022, and March
and July 2023 for direction and feedback.
On April 16, 2024, Council approved the preliminary design plans for the Project and
authorized staff to move forward to the construction drawing phase.
Amendment No. 3, if approved, will use contingency funds to increase compensation for
master planning and preliminary design services by $18,718, for a total of $550,832 of
the Project budget, for costs related to additional Project components, specifically an
enclosed hallway near the Museum entrance and a window in the Museum office area,
added at staff's request, which were not included in the original Project scope.
ALTERNATIVES
Council may deny and/or revise the proposed amendment.
Prepared by: Michael Calderon, Management Analyst
Approved by: Christina Calderon, Community Services Deputy Director
Attachments: 1. Amendment No. 3
2. Cultural Campus Rendering
286
/_1ir_[S]:I►Til*L411fiI
AMENDMENT NO. 3 TO AGREEMENT FOR CONTRACT SERVICES
WITH HGA
This Amendment No. 3 ("Amendment 2") to Agreement for Contract Services
("Agreement") is made and entered into as of the 18 day of June 2024, ("Effective Date")
by and between the CITY OF LA QUINTA ("City"), a California municipal corporation and
HGA, a Corporation ("Contracting Party").
RECITALS
WHEREAS, on or about March 2, 2022, the City and Contracting Party entered
into an Agreement to provide Master Planning and Preliminary Design for the La Quinta
Cultural Campus Project No. 2019-01, for a total not to exceed amount of $457,300. The
term of the Agreement expired on June 30, 2023 ("Initial Term"); and
WHEREAS, on or about June 27, 2023, the City and Contracting Party executed
Amendment No. 1 and mutually agreed to extend the term of the Agreement for one
additional year, from July 1, 2023, through June 30, 2024 ("Extended Term"); and
WHEREAS, on or about September 11, 2023, the City and Contracting Party
executed Amendment No. 2 and mutually agreed to amend Section 2.1 Contract Sum of
the Agreement by an additional amount of $16,250 for preliminary design work initially
scheduled for Phase 2 of the project, for a total not to exceed amount of $473,550: and
WHEREAS, the City and Contracting Party mutually agree to amend Section 2.1
Contract Sum of the Agreement by an additional $18,718 for additional design work not
included in the original scope of the project, for a total not to exceed amount of $492,268.
NOW THEREFORE, in consideration of the mutual covenant herein contained, the
parties agree as follows:
AMENDMENT
In consideration of the foregoing Recitals and the covenants and promises
hereinafter contained, and for good and valuable consideration, the sufficiency and
receipt of which are hereby acknowledged, the parties hereto agree as follows:
1. Section 2.1 is amended to read as follows:
Section 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 Four Hundred Ninety Two Thousand Two
Hundred Sixty Eight Dollars ($492,268) (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
287
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.
In all other respects, the original Agreement shall remain in effect.
IN WITNESS WHEREOF, the City and Contracting Party have executed this
Amendment No. 3 to the Agreement on the respective dates set forth 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
HGA
KEVIN DONAGHEY, Principal
HGA
Dated:
288
Exhibit A
Scope of Services
SCOPE OF SERVICES
Professional design services for this effort are as listed below, and will be provided by HGA unless
noted otherwise):
Architectural / Planning
2. Civil
3. Landscape
4. Structural
5. Electrical
6. Lighting Design
7. IT / Security (Low Voltage)
8. Cost Estimating
9. Tribal Liaison - Major Robinson
PROJECT PHASES:
The scope of work includes the following project phases by percentage:
1. Master Planning - 40%
2. Preliminary Design - 60%
SCOPE DESCRIPTION (FROM RFP):
Phase 1 - Master Planning
• Utilize information found in the Village Build -out Plan and accompanying EIR to create a
master plan of the Cultural Campus components to be integrated with La Quinta
Community Park owned by DRD and the surrounding Village.
• Open up the lumberyard property to create access to the Village Promenade.
• Identify walkability/connectivity opportunities between the Cultural Campus and other
points of interest in the Village (Old Town, other shopping centers, parks, neighborhoods,
etc.)
• Identify parking for the Cultural Campus.
• Improve the flow in the existing Museum and create a natural walkway space between the
Cultural Campus components.
• Conduct community outreach (both virtual and in -person)
• Develop Cultural Campus Master Plan consistent with Village Commercial District and
Village Build -out Plan Area (codified in the La Quinta Zoning Code).
• Establish standards for architectural materials, landscape planting/hardscape palettes
• Confirm scope extents for Phase 2 work (including museum archiving resources)
289
Phase 2 - Preliminary Design
Site Improvements (Conceptual Options and Preliminary Plans)
Provide up to three (3) options to create spaces as identified below (Art Exhibition, Garden,
Connectivity), and prepare preliminary plans from the City -approved option that include floor
plans, elevations, site improvements, seismic analysis, landscape layout, irrigation layout with
point of connection, parking layout, specifications, cost estimate, and utility layout with point of
connections. In addition:
• Consult the information found in the seismic review and historic assessment of the
properties previously conducted by the City and implement the findings in the design.
• Based on seismic retrofit, utilize the window view corridors of the lumberyard as exhibit
opportunities and/ or utilize the lumberyard outdoor area as covered outdoor event
space.
• Incorporate trees throughout the campus.
• Improve Casita back entry to allow easier access from Museum.
• Create a main entrance that is connected and inviting, in order to improve wayfinding
for entrances to the Museum.
• Incorporate breezeways to connect spaces.
• Create a shaded space for outdoor art installations, performances, and entertainment.
• Create new indoor and outdoor exhibit space to house temporary and/or permanent
art exhibits and installations including opportunities for Art in Public Places pieces.
• Improve the audio/visual and wifi components to allow interactive/digital displays
• Create a space for non -archive storage.
• Enhance the lighting on the interior/exterior of the buildings.
• Incorporate amenities and infrastructure to provide sound and music throughout the
space.
• Identify easily maintained plants at the Cahuilla garden.
• Coordinate with utility companies to underground utility poles located on the south side
of the property (reroute scope NIC, to be carried out by utility company)
• Coordinate with Coachella Valley Water District to procure a point of connection for
irrigation water.
Cultural/Historical Archiving Resources (Conceptual Options and Preliminary Plans)
Provide up to three (3) options to construct a permanent archive location
that meets artifact and Museum standards, with locations considered within one of
the existing buildings or as a separate building located within the Cahuilla Gardens, and
prepare preliminary plans from the City -approved option that will include floor plans,
elevations, site improvements, seismic analysis, specifications, cost estimate, and utility layout
with points of connections.
In addition, coordinate requirements for Archiving Space that include:
• Storage area protection from exterior environment and light, and ability to consistently
maintain a small range of temperature/light/humidity
• Location away from pipes/water heaters, etc. that can leak, emit heat/light
• Specify shelving/cabinets secured to floors and walls
290
• Temperature control in space that meet archive standards by means of system that heats,
cools, humidifies and dehumidifies to maintain proper conditions.
• Locate area to be separated from exterior walls/doors, by corridors/offices, etc. (no
windows/doors opening to the exterior in storage space)
• Extra storage space to accommodate future needs
• Work/processing space within the storage area
• Storage space for archive/preservation materials
• Archivist office space
• Research space for public/researchers to view collections items
• Archive security, such as surveillance and access control
• Coordinate with Coachella Valley Water District as needed to procure a point of
connection for water and sewer.
MEETINGS:
HGA will facilitate and/or attend the following meetings at each project phase. See attached
project schedule for approximate timeframe. For each workshop, HGA can facilitate separate
sessions as needed to accommodate the various project stakeholders and components, but it is
assumed that this will not exceed four (4) separate sessions per workshop.
Meetings are assumed to be virtual unless otherwise noted or specifically required by La Quinta.
Master Planning:
1. Initial Kick -Off / Visioning (In- Person):
- Tour Facility; Establish Goals; Confirm Roles/Responsibilities and Project Extents
2. Planning Workshop # 1
- Recap Visioning Goals and Confirm Priorities; Review Constraints and Opportunities
3. Planning Workshop #2 (In -Person)
- Re -Confirm Priorities, Constraints and Opportunities; Benchmarking; Planning Options
4. Planning Workshop #3
- Review Updated Planning Options, Material/Planting Palettes; Select Final Scheme
5. MP Final Presentation (In -Person)
6. Weekly progress check -ins with LQ team as desired
Preliminary Design:
1. Preliminary Design Kick -Off
- Establish Goals of Phase; Review Extent of Deliverables; Re -Confirm Scope
2. Preliminary Design Workshop #1 (In -Person)
- Recap Goals and Confirm Schedule; Design/Systems Options
3. Preliminary Design Workshop #2
- Recap Goals and Confirm Schedule; Design/Systems Progress Updates
4. Preliminary Design Workshop #3 (In -Person)
- Recap Goals and Confirm Schedule; Final Selection of Design/Systems
5. Final Presentation to Stakeholders
6. Presentation to Planning Commission (In -Person)
7. Meetings with Public Works, Fire Department, and Coachella Valley Water District as
needed (In -Person)
8. Weekly or bi-weekly progress check -ins with LQ team as desired
291
In addition to the meetings listed above, HGA will facilitate incremental internal A/E team meetings
for interdisciplinary coordination as necessary to complete the scope of services described herein.
SUBMITTALS:
The project will include the following milestone submissions:
1. Master Planning Report (Draft + Final)
2. 100% Preliminary Design Drawings and Specifications (Draft + Final)
3. Progress diagrams, plans, etc as needed to facilitate planning, design and engineering
reviews with city agencies
All milestone submissions will be digital unless noted otherwise.
SCHEDULE:
The following is HGA's proposed schedule to complete the work described herein:
1. Master Planning - 3.5 Months
2. Preliminary Design - 4 Months (following LQ approval of MP and notice to proceed for PD
phase)
Se attached schedule exhibit for additional information. Efforts will be made by all parties and HGA
to streamline these durations if possible.
ASSUMPTIONS
1. All services shall be performed in accordance with the professional standard of care
applicable to those who provide services of the type called for in the Agreement for
projects of a scope and complexity comparable to the Project. Whenever a covenant or
statement is made by Design Consultant in the Agreement or elsewhere concerning the
services or deliverables to be provided by Design Consultant, such covenant or statement is
made or agreed subject to the standard of care set forth in this paragraph. No express
warranties concerning any matter or thing have been made by Design Consultant, and any
implied warranties relating to services or work product of Architect are expressly disclaimed.
2. The owner shall provide the design team with all existing documentation including site
surveys, site utility information, as -built site drawings, topographic maps, design standards,
geotechnical evaluation reports, and all proposed or adopted development plans in the
areas that will be addressed by this project. Survey work is excluded.
3. Geotechnical surveys are excluded. HGA consultants shall have no responsibility for the
discovery, presence, handling, removal or disposal of or exposure of persons or property to
hazardous materials or toxic substances in any form at the Project site.
4. Changes to the project scope requested by the owner that are contrary to previous
steering committee/user group direction can be provided as an Additional Service to this
scope.
292
5. Any consulting services other than the disciplines outlined in this proposal will be considered
as additional services.
6. Presentation renderings, animations and presentation models in addition to those listed in
this proposal will be considered additional. It is assumed that (4) 3D exterior -view renderings
will be developed, in addition to diagrams and other supporting graphics to convey the
proposed planning/design strategies.
7. CEQA-related services are not included.
8. Sustainable design measures will be explored; however, LEED registration/administration
services are excluded.
9. Survey and documentation of existing project conditions is excluded.
10. Deliverables for the Master Planning phase will include a report that includes an executive
summary; goals and visioning for the project; project context; proposed planning strategies;
record of community outreach and feedback (incl Cahuilla Tribe); systems narratives
(mechanical, electrical, plumbing, civil, structural, low voltage, lighting, sustainability);
landscape narrative and diagrams; cost estimate and project schedule; meeting minutes
11. Deliverables for the Preliminary Design phase will include schematics -level drawings and
specifications; updated cost estimate and project schedule; updated 3D renderings
(assumed to be same views from planning phase); material/finish palettes
12. All deliverables are assumed to be digital, unless noted otherwise
13. The Tribal Liaison is assumed to make (2) visits to La Quinta for outreach and engagement
with the Cahuilla community - each visit assumed to be (2) days maximum
14. The design team will facilitate in -person meetings no less than one per month; all other
workshops, meetings, and community engagement will be virtual
15. Design services related to this effort will not extend beyond November 15, 2022
16. All services to be performed pursuant to the Standard Form of Design Consultant Services
Agreement shall be performed in accordance with the professional standard of care
applicable to those who provide services of the type called for in the Agreement for
projects of a scope and complexity comparable to the Project. Whenever a covenant or
statement is made by Design Consultant in the Agreement or elsewhere concerning the
services or deliverables to be provided by Design Consultant, such covenant or statement is
made or agreed subject to the standard of care set forth in this paragraph. No express
warranties concerning any matter or thing have been made by Design Consultant, and any
implied warranties relating to services or work product of Architect are expressly disclaimed.
17. Arborist assessment of existing trees or plants within the project site boundary is not included
18. Selection of art pieces to be included in any part of the project scope in not included. It is
assumed that the City will provide HGA with all information needed to coordinate the
provisions needed for any art pieces to be included in the project.
19. Seismic analysis for the existing Lumberyard structure in the Preliminary Design stage will
include review of as-builts and visual assessment of the existing structure by the structural
engineer, and identification of noted deficiencies and potential upgrade measures
necessary for code compliance through written narrative, which will be used for the cost
estimate. This effort will not include detailed structural calculations/modeling, which is
recommended as part of the construction document phase to confirm and refine
proposed seismic upgrade measures. The effort does not include seismic upgrades to the
existing Museum or Casita structures.
293
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 in Fiscal Year 2023/2024 is Four Hundred Ninety Two Thousand Two
Hundred Sixty Eight Dollars ($492,268) ("Contract Sum").
294
r
Lumberyard i
Oasis
:.,'
r
ATTACHMENT 2
Museum
f; art- i _I � J -4v✓•rr.7!/I�/irr�"'��7/qr
.n AID
fit' -
�� r
I . 1
295
296
CONSENT CALENDAR ITEM NO. 13
City of La Quinta
CITY COUNCIL MEETING: June 18, 2024
STAFF REPORT
AGENDA TITLE: AWARD CONTRACT TO DESERT CONCEPTS CONSTRUCTION, INC.
FOR CITYWIDE LANDSCAPE MAINTENANCE WITHIN LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT 89-1, PROJECT NO.2023-28; AND AUTHORIZE THE PUBLIC
WORKS DEPARTMENT TO UTILIZE DESERT CONCEPTS CONSTRUCTION, INC. AS A
SELECT SOURCE FOR EXTRA WORK AND ON -CALL MAINTENANCE SERVICES
RECOMMENDATION
Award a contract to Desert Concepts Construction, Inc. for Citywide Landscape
Maintenance Services within the Landscape and Lighting Assessment District 89-1, Project
No. 2023-28; authorize the Public Works Department to utilize Desert Concepts
Construction, Inc. as a select source for extra work and on -call landscape maintenance
services for up to $300,000 in fiscal year 2024-25; and authorize the City Manager to
execute the contract.
EXECUTIVE SUMMARY
• The City contracts landscape maintenance services for public medians, parkways,
retention basins, and fire stations, to maintain aesthetically pleasing streetscapes
throughout the City.
On April 2, 2024, the City posted a Request for Qualifications (RFQ) for citywide
landscape maintenance services within the Landscape and Lighting Assessment
District 89-1 (L&L) including on -call services; received 3 responses; and the
selection committee recommends contracting with Desert Concepts Construction,
Inc. (Desert Concepts) based on their qualifications and experience.
• Staff requests authority to utilize Desert Concepts as a select source for additional
on -call maintenance services within the L&L areas for landscape maintenance and
renovations outside of the scope of this contract for fiscal year (FY) 2024-25.
FISCAL IMPACT
The contract is for an initial 1-year term and may be extended for 6 additional years based
on satisfactory performance by Desert Concepts. The total cost for FY 2024/25 is
$1,380,000, allocated between the L&L Fund account 215-7004-60112 at $1,320,000 and
Fire Fund account 101-2002-60112 at $60,000. At this time, staff seeks authorization for a
3-year period, should the available extended terms be executed. The costs are detailed
below:
297
Fiscal Year — L&L AD 89-1 Landscape
Maintenance Services
Cost
FY 2024-25
$1,380,000
FY 2025-26
$1,380,000
FY 2026-27
$1,380,000
Contingency at 5%
compounded year -over -year for CPI per Section 1240
$ 210,450
Grand Total:
$4,350,450
Staff requests Council approval for additional spending authority up to $300,000 in FY
2024/25 for extra work and on -call services. The $300,000 would be charged in increments
as needed to the appropriate budgeted maintenance services account(s) L&L 215-7004-
60691; Fire Stations 101-2002-60112; Museum 202-3006-60112; Library 202-3004-60112;
Parks 101-3005-60691; for weed abatement, landscape or field maintenance and/or
renovation on City property.
3ACKGROUND/ANALYSIS
The City contracts citywide landscape maintenance within the L&L for daily, weekly and
monthly maintenance of all landscaped areas located within the City's right-of-ways and
Fire Stations.
On April 2, 2024, an RFQ was posted for citywide landscape maintenance and on -call
landscape maintenance services. The RFQ included increased service levels, arboricultural
services, and higher staffing levels. A mandatory pre -proposal meeting was held on April
16, 2024; 5 contractors attended; and 3 proposals were received.
On May 8, 2024, the selection committee reviewed the proposals and recommends
contracting with Desert Concepts based on their qualifications and experience.
The proposed contract (Attachment 1) includes landscape maintenance of public medians,
parkways, retention basins, and fire stations. Section 1240 of the contract also allows for
extra work for landscape renovation and improvements on an on -call as -needed basis.
On -call services is not guaranteed work, however, utilizing the same contractor as a select
source for extra work would ensure continuity and consistency of maintenance and
improvements in areas with aged and deferred landscape maintenance and at City property
not located within the contracted maintenance areas. This work may include modifications
to the irrigation system, replacement of trees, shrubs, ground cover, accident damage,
vandalism repair, weed abatement, storm debris cleanup, and irrigation repair and
assessments.
Staff requests Council approval for additional spending authority with Desert Concepts for
extra work and on -call services up to $300,000 in FY 2024/25.
298
The contract would be for an initial one-year term, effective July 1, 2024, through June 30,
2025. The contract may be extended for 6 additional years, renewable at 1, 2, or 3-year
terms, to be executed at the beginning of a FY through FYs 2030/31, at the City's
discretion, should the contractor perform in a satisfactory manner. Staff will seek Council
approval for additional spending authority annually and provide an update on the status of
the contract and on the L&L landscape maintenance costs for each FY.
ALTERNATIVES
Council may direct staff to choose the next most qualified proposer or, direct staff to
prepare new specifications and re -advertise for citywide landscape services. However, that
would cause a delay in services.
Prepared by: Dianne Hansen, Maintenance & Operations Superintendent
Approved by: Bryan McKinney, Public Works Director/City Engineer
Attachment: 1. Contract with Desert Concepts
299
ATTACHMENT 1
SECTION 1300
CONTRACT
THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal corporation,
herein referred to as "City," and _Desert Concepts Construction, Inc._, herein referred to as,
"Contractor."
WITNESSETH:
In consideration of their mutual covenants, the parties hereto agree as follows:
1. Contractor shall furnish all necessary labor, material, equipment, transportation, and
services to perform Landscape Maintenance Services for Landscape and Lighting
Assessment District 89-1, Project No. 2023-28 and On -Call Landscape Maintenance
Services in the City of La Quinta, California pursuant to the Request For Qualifications (RFQ)
the project Specifications, and Contractor's Proposal, all of which documents shall be
considered a part hereof as though fully set herein.
Should any provisions of Contractor's Proposal be in conflict with the Notice Inviting
Proposals, Specifications, or this Contract, then the provisions of said Contract, Specifications,
the Request for proposal shall be controlling in that order of precedence. The time frame for
work shall be in accordance with that specified in the RFQ.
2. Contractor will comply with all Federal, State, County, and La Quinta Mtkicipal Code
Regulations, which are, amended from time to time, incorporated herein by reference.
3. All work shall be done in a manner satisfactory to the Maintenance & Operations
Superintendent.
4. Contractor shall commence work on duly 1, 2024 after the issuance of a written Notice to
Proceed.
5. In consideration of said work, City agrees to pay Contractor such sums as shall be
approved by the Maintenance & Operations Superintendent at monthly sums and/or unit prices
stated in the Contractor's Proposal, the base consideration ($ 1,380,000 .00). All
payments shall be subject to approval by the Maintenance & Operations Superintendent and
shall be in accordance with the terms, conditions, and procedures provided in the
Specifications.
6. The Contractor shall not knowingly pay less than the general prevailing rate for per diem
wages, as determined by the State of California Department of Industrial Relations and referred
to in the RFP, to any workman employed for the work to be performed under this contract; and
the Contractor shall forfeit as a penalty to the City the sum of Twenty -Five Dollars ($25.00) for
each calendar day, or fraction thereof, for such workman paid by him or by any subcontractor
under him in violation of this provision (Sections 1770-1777, Labor Code of California).
Pursuant to Section 1770, et, seq., of the California Labor Code, the successful proposer shall
pay not less than the prevailing rate of per diem wages as determined by the Director of the
California Department of Industrial Relations. These wage rates are available from the California
Department of Industrial Relations' Internet website at http://www.dir.ca.ciov.
Contract 1300-1
300
Pursuant to Section 1725.5 of the California Labor Code, no contractor or subcontractor may be
awarded a contract for public work on a public works project unless registered with the
Department of Industrial Relations at the time the contract is awarded. Contractors and
subcontractors may find additional information for registering at the Department of Industrial
Relations website at http://www.dir.ca.gov/Publlc-Works/PublicWorks.html.
Pursuant to Labor Code section 1771.1, no contractor or subcontractor may be listed on the
proposal for a public works project submitted on or after March 1, 2015 unless registered with
the Department of Industrial Relations. Furthermore, all proposers and contractors are hereby
notified that no contractor or subcontractor may be awarded, on or after April 1, 2015, a contract
for public work on a public works project unless registered with the Department of Industrial
Relations.
Pursuant to Labor Code section 1771.4, all proposers are hereby notified that this project is
subject to compliance monitoring and enforcement by the Department of Industrial Relations,
7. Concurrently with the execution of this Contract, Contractor shall furnish a Performance
bond and a Payment Bond of a surety satisfactory to City, as provided in said Specifications or
RFP, the cost of which shall be paid by Contractor.
8. Except for the gross negligence or willful misconduct of an Indemnified Party (as
hereinafter defined), the Contractor hereby assumes liability for and agrees to defend (at
Indemnified Parties' option), indemnify, protect and hold harmless City and its Project
Consultants, and Engineers, officers, agents, and employees ("Indemnified Parties") from and
against any and all claims, charges, damages, demands, actions, proceedings, losses, stop
notices, costs, expenses (including counsel fees), judgments, civil fines and penalties, liabilities
of any kind or nature whatsoever, which may be sustained or suffered by or secured against the
Indemnified Parties arising out of or encountered In connection with this Contract or the
performance of the Work including, but not limited to, death of or bodily or personal injury to
persons or damage to property, including property owned by or under the care and custody of
City, and for civil fines and penalties„ that may arise from or be caused, In whole or in part, by
any negligent or other act or omission of Contractor, its officers, agents, employees or
Subcontractors including, but not limited to, liability arising from:
1. Any dangerous, hazardous, unsafe or defective condition of, in or on the
premises, of any nature whatsoever, which may exist by reason of any act, omission,
neglect, or any use or occupation of the premises by Contractor, its officers, agents,
employees, or subcontractors;
2. Any operation conducted upon or any use or occupation of the premises by
Contractor, its officers, agents, employees, or subcontractors under or pursuant to the
provisions of this contract or otherwise;
3. Any act, omission or negligence of Contractor, its officers, agents, employees, or
Subcontractors;
4. Any failure of Contractor, its officers, agents or employees to comply with any of
the terms or conditions of this Contract or any applicable federal, state, regional, or
municipal law, ordinance, rule or regulation; and
5. The conditions, operations, uses, occupations, acts, omissions or negligence
referred to in Sub -subsections (1), (2), (3), and (4), existing or conducted upon or arising
+:ootsaet ISM-2
301
from the use or occupation by Contractor on any other premises in the care, custody and
control of City,
The Contractor also agrees to Indemnify City and pay for all damages or loss suffered by City
including but not limited to damage to or loss of City property, to the extent not insured by City
and loss of City revenue from any source, caused by or arising out of the conditions, operations,
uses, occupations, acts, omissions or negligence referred to in Sub -subsections (1), (2), (3), (4)
and (a).
Contractor's obligations under this Section apply regardless of whether or not such claim,
charge, damage, demand, action, proceeding, loss, stop notice, cost expense, judgment, civil
fine or penalty, or liability was caused in part or contributed to by an Indemnified Party.
However, without affecting the rights of City under any provision of this Contract, Contractor
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 Contract 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 Contractor will be for that entire portion or
percentage of liability not attributable to the active negligence of City,
Contractor agrees to obtain executed indemnity agreements with provisions identical to those
set forth here in this section from each and every subcontractor or any other person or entity
involved by, for, with or on behalf of Contractor in the performance of this Contract, In the event
Contractor fails to obtain such indemnity obligations from others as required here, Contractor
agrees to be fully responsible according to the terms of this section.
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 here is binding on the successors, assigns or heirs of Contractor
and shall survive the termination of this Contract or this section.
This indemnity shall survive termination of the Contract or Final Payment hereunder. This
Indemnity Is in addition to any other rights or remedies that the Indemnified Parties may have
under the law or under any other Contract Documents or Agreements, In the event of any claim
or demand made against any party which is entitled to be indemnified hereunder, City may, in
its sole discretion, reserve, retain or apply any monies to the Contractor under this Contract for
the purpose of resolving such claims; provided, however, City may release such funds If the
Contractor provides City with reasonable assurance of protection of the Indemnified Parties'
interests. City shall, in its sole discretion, determine whether such assurances are reasonable.
Approval of any insurance contracts by the City does not relieve the Contractor or
subcontractors from liability under Section 1340-1.0, Indemnification of the Specifications, The
City will not be liable for any accident, loss, or damage to the work prior to its completion and
acceptance.
9. Contractor shall hold the County of Riverside, its officers, agents and employees free
and harmless from any liability whatsoever, including wrongful death, based or asserted upon
any act or omission of principal, its officers, agents, employees or sub -contractors relating to or
in any way connected with or arising from the accomplishment of the work, whether or not such
acts or omissions were in furtherance of the work requires by the Contract Documents and
agrees to defend at his expense, including attorney fees, City of La Quinta, County of Riverside,
Contract 1300-3
302
its officers, agents, employees and Independent Architect in any legal action based on any such
alleged acts or omissions.
10, Except as otherwise required, Contractor shall concurrently with the execution of this
contract, furnish the City satisfactory evidence of insurance of the kinds and in the amounts
provided in said Specifications, Section 1340-2.0, Insurance Requirements. This insurance shall
be kept in full force and effect by Contractor during this entire contract and all premiums thereon
shall be promptly paid by it. Each policy shall further state that it cannot be canceled without 30
days unconditional written notice to the City and shall name the City as an additional insured on
the Commercial General Liability pollcy only. Contractor shall furnish evidence of having in
effect and shall maintain Workers Compensation Insurance coverage of not less than the
statutory amount or otherwise show a certificate of self-insurance, in accordance with the
Workers Compensation laws of the State of California. Failure to maintain the required amounts
and types of coverage throughout the duration of this Contract shall constitute a material breach
of this Contract.
11. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or
mechanic employed in the execution of this Contract by said Contractor, or any subcontractor
under it, upon any of the work herein mentioned, for each calendar day during which such
laborer, workman, or mechanic is required or permitted to work at other than a rate of pay
provided by law for more than 8 hours in any one calendar day and 40 hours in any one
calendar week, in violation of the provisions of Sections 1810-1815 of the Labor Code of the
State of California,
12. In accepting this Contract, Contractor certifies that in the conduct of its business it does
not deny the right of any individual to seek, obtain and hold employment without discrimination
because of race, religious creed, color, national origin, ancestry, physical handicap, medical
condition, marital status, sex or age as provided in the California Fair Employment Practice Act
(Government Code Sections 12000, et seq) Contractor agrees that a finding by the State Fair
Employment Practices Commission that Contractor has engaged during the term of this
Contract in any unlawful employment practice shall be deemed a breach of this Contract and
Contractor shall pay to City $1,607.00 liquidated damages for each such breach committed
under this contract.
13, Contractor also agrees that for contracts in excess of $30,000 and more than 20
calendar days duration, that apprentices will be employed without discrimination in an approved
program in a ratio established in the apprenticeship standards of the craft involved (Sections
1777.E and 1777.6, Labor Code of California), Contractors who willfully fail to comply will be
denied the right to submit a proposal on public projects for a period of six months in addition to
other penalties provided by law.
14, This Contract shall not be assignable by Contractor without the written consent of City.
15. In accepting this Contract, Contractor certifies that no member or officer of the firm or
corporation is an officer or employee of the City except to the extent permitted by law.
16. Contractor certifies that it is the holder of any necessary California State Contractor's
License and authorized to undertake the above work.
17. The City, or its authorized auditors or representatives, shall have access to and the right
to audit and reproduce any of the Contractor records to the extent the City deems necessary to
insure it is receiving all money to which it is entitled under the contract and/or is paying only the
Contract 1300-4
303
amounts to which Contractor is properly entitled under the Contract or for other purposes
relating to the Contract.
18. The Contractor shall maintain and preserve all such records for a period of at least three
years after termination of the contract.
19. The Contractor shall maintain all such records in the City of La Quinta. if not, the
Contractor shall, upon request, promptly deliver the records to the City or reimburse the City for
all reasonable and extra costs incurred in conducting the audit at a location other than at City
offices including, but not limited to, such additional (out of the City) expenses for personnel,
salaries, private auditors, travel, lodging, meals and overhead.
20. The further terms, conditions, and covenants of the Contract are set forth In the Contract
Documents, each of which is by this reference made a part hereof.
Contract 1300-5
304
IN WITNESS WHEREOF, the parties have executed this Contract as of the dates
stated below.
"CITY"
CITY OF LA QUINTA,
a California municipal corporation
Dated: By:
Jon McMillen, City Manager
ATTEST:
Dated:
Monika Radeva, City Clerk
APPROVED AS TO FORM:
Dated:
City Attorney
"CONTRALTO "
(If corporation, a ' seal)
Dated: By:
Signer re
Name: Julio Castro
Address:
79775 Ave 40, Indio, CA 92203
Street Address City State Zip Code
Name: Regina Castro Title: Vice President
Address:
79775 Ave 40, Indio, CA 92203
Street Address City State Zip Code
E-mail: mailAdesertconcepts.net
Contract 1300-6
305
SECTION 1240
SUMMATION - FORM
CITYWIDE LANDSCAPE MAINTENANCE SERVICES
LANDSCAPE & LIGHTING ASSESSMENT DISTRICT 89-1
PROJECT NO. 2023-28
RETENTION BASINS, MEDIAN ISLANDS, PARKWAYS, AND CIVIC FACILITIES
Item No.
Description
Unit
Quantity
Unit Price
Annual Price
1
Turf
SF
814,085
2
Shrubs and Ground Cover
SF
2,578,612
3
Irrigation
SF
3,337,697
TOTAL
FIRE STATIONS — WEEKLY SERVICE
Item No.
Description — Fire Stations
Unit
Quantity
Unit Price
Annual Price
1
Turf
SF
14,054
2
Shrubs and Ground Cover
SF
83,494
3
lIrrigation
SF
103,748
TOTAL
TOTAL BASE PROPOSAL INCLUDING RETENTION BASINS, MEDIAN ISLANDS, PARKWAYS,
AND FIRE STATIONS -
(IN WORDS)
A. Initial Annual Contract Period will be for one year (12 months) from July 1, 2024, until June 30,
2025.
B. The City may elect to exercise an extension to renew this contract for six (6) additional terms with
a ninety (90)-day notice, contingent upon satisfactory work of the Contractor.
C. The City may authorize a maximum increase per fiscal year to the above listed contract amount
based on the Local Consumer Price Index for Riverside, San Bernardino, and Ontario areas.
D. Authorized extra work and services may be requested in an annual amount to be determined at
the City's discretion and approved by City Council for landscape restoration and/or additional On -Call
Landscape Maintenance services within the L&L, non -contracted maintenance areas, other City Facilities,
and parks.
CONSENT CALENDAR ITEM NO. 14
City of La Quinta
CITY COUNCIL MEETING: June 18, 2024
STAFF REPORT
AGENDA TITL :AWARD CONTRACT TO HORIZON LIGHTING, INC. FOR CITYWIDE
LIGHTING MAINTENANCE WITHIN THE LANDSCAPE AND LIGHTING ASSESSMENT
DISTRICT 89-1, PROJECT NO. 2023-29; AND AUTHORIZE THE PUBLIC WORKS
DEPARTMENT TO UTILIZE HORIZON LIGHTING, INC. AS A SELECT SOURCE FOR
EXTRA WORK AND ON -CALL ELECTRICAL SERVICES
RECOMMENDATION
Award a contract to Horizon Lighting, Inc. for Citywide Lighting Maintenance within the
Landscape and Lighting Assessment District 89-1, Project No. 2023-29; authorize the
Public Works Department to utilize Horizon Lighting, Inc. as a select source for extra work
and on -call electrical Services for up to $200,000 in fiscal year 2024/25; and authorize the
City Manager to execute the contract.
EXECUTIVE SUMMARY
The City contracts citywide landscape lighting maintenance services (Lighting
Maintenance) within the Landscape and Lighting Assessment District 89-1 (L&L).
On April 2, 2024, the City posted a Request for Qualifications (RFQ) for Lighting
Maintenance within the L&L, including on -call services; received 2 responses; and
the selection committee recommends contracting with Horizon Lighting, Inc.
(Horizon) based on their qualifications and experience.
Staff requests authority to utilize Horizon as a select source for additional on -call
electrical services within the L&L areas for lighting improvements outside of the
scope of this contract for fiscal year (FY) 2024/25.
FISCAL IMPACT
The total cost for FY 2024/25 is $79,927 allocated in L&L fund (account 215-7004-60104).
The total cost for this agreement, over the initial 1-year term and optional 6-year extensions
is detailed below:
307
Fiscal Year — L&L AD 89-1 Lighting
Maintenance Services
Cost
FY 2024-25
$79,927
FY 2025-26
$79,927
FY 2026-27
$79,927
FY 2027-28
$79,927
FY 2028-29
$79,927
FY 2029-30
$79,927
FY 2030-31
$79,927
Contingency at 5%
(compounded year -over -year for CPI per Section 1240)
$91 278
Grand Total:
$650,767
Staff requests Council approval for additional spending authority up to $200,000 in FY
2024/25 for extra work and on -call services. The $200,000 would be charged in increments
as needed to the appropriate budgeted maintenance services account(s); L&L 215-7004-
60691; Parks 101-3005-60691; and Buildings 101-3008-60691 for lighting maintenance
and/or electrical repairs on City property.
BACKrROUND/ANALYSIS
The City contracts citywide monthly Lighting Maintenance within the L&L, which includes
the City's right-of-ways, Fire Stations, and parking lots.
On April 2, 2024, an RFQ was posted for Lighting Maintenance and on -call electrical
services. A mandatory pre -proposal meeting was held on April 16, 2024; 5 contractors
attended; and 2 proposals were received.
On May 8, 2024, the selection committee reviewed the proposals and recommends
contracting with Horizon located in Indio, based on their qualifications and experience.
The proposed contract (Attachment 1) includes Lighting Maintenance service within the
L&L for medians, parkways, parking lots, and fire stations. The contract also allows for
extra electrical services, maintenance and repairs on an on -call as -needed basis. On -call
services is not guaranteed work, however, utilizing the same contractor as a select source
for extra work within these areas ensures continuity and consistency of services, and
completion of work in a timely manner in City buildings and other non -contracted areas.
This work may include electrical repairs, LED conversions, new lighting installation, meter
pedestal/panel replacements, and panel upgrades.
Staff requests Council approval for additional spending authority with Horizon for extra work
and on -call services up to $200,000 in FY 2024/25.
The contract would be for an initial one-year term, effective July 1, 2024, through June 30,
2025. The contract may be extended for 6 additional years, renewable at 1, 2, or 3-year
308
terms, to be executed at the beginning of a FY through FYs 2030/31 at the City's discretion
if the contractor perform in a satisfactory manner.
ALTERNATIVES
Council may direct staff to choose the next most qualified proposer or, direct staff to
prepare new specifications and re -advertise for citywide Lighting Maintenance services.
However, that would cause a delay in services.
Prepared by: Dianne Hansen, Maintenance & Operations Superintendent
Approved by: Bryan McKinney, Public Works Director/City Engineer
Attachment: 1. Contract with Horizon
309
ATTACHMENT 1
SECTION 1300
CONTRArtT
THIS CONTRACT, by and between the CITY, OF LA QIJINTA, a municipal corporation,
herein referred to as "City," and Horizon X,zgl�tzrrg Inc. herein referred to as,
"Contractor."
WIT NESSETH:
In consideration of their mutual covenants, the parties hereto agree as follows:
1. Contractor shall furnish ali necessary labor, material, equipment, transportation, and
services to perform Landscape Lighting and Maintenance Services for Landscape and
Lighting Assessment District 89-1, Project No. 2023-29 and for On -Call Electrical
Maintenance Services within the L&L, Parks, Buildings, and Facilities maintenance areas in the
City of La Quinta, California pursuant to the Request for Qualifications and Proposal (RFP), the
project Specifications, and Contractor's Proposal, all of which documents shall be considered a
part hereof as though fully set herein.
Should any provisions of Contractor's Proposal be in conflict with the RFP,
Specifications, or this Contract, then the provisions of said Contract, Specifications, and RFP
shall be controlling in that order of precedence. The time frame for work shall be in accordance
with that specified in the RFP.
2. Contractor will comply with all Federal, State. County, and La Quinta Municipal Code
Regulations, which are, amended from time to time, incorporated herein by reference.
3. All work shall he done in a manner satisfactory to the Public Works Manager.
4. Contractor shall commence work on July 1, 2024 after the issuance of a written Notice to
Proceed.
5. In consideration of said work, City agrees to pay Contractor such sums as shall be
approved by Public Works Manager at monthly sums andlor unit prices stated in the
Contractor's Proposal, the base consideration 9,9=_.00}. All payments shall be
subject to approval by the Public Works Manager and shall be in accordance with the terms,
conditions, and procedures provided in the Specifications.
6. The Contractor shall not knowingly pay less than the general prevailing rate for per diem
wages, as determined by the State of California Department of Industrial relations and referred
Io in the RFP, to any workman employed for the work to be performed under this contract; and
the Contractor shall forfeit as a penalty to the City the sure of Twenty -Five Dollars ($25.00) for
each calendar day, or fraction thereof, for such workman paid by him or by any subcontractor
under him in violation of this provision (Sections 1770-1777, Labor Code of California).
Pursuant to Section 1770, et. seq., of the California Labor Code, the successful proposer shall
pay not less than the prevailing rate of per diem wages as determined by the Director of the
California Department of Industrial Relations. These wage rates are available from the
California Department of Industrial Relations' Internet website at http:lfwww.dir.ca.gov.
Contract 7300-7
310
Pursuant to Section 1725.5 of the California Labor Code, no contractor or subcontractor may be
awarded a contract for public work on a public works project unless registered with the
Department of Industrial Relations at the time the contract is awarded. Contractors and
subcontractors may find additional information for registering at the Department of Industrial
Relations website at http:/Iwww.dir.ca.gc)v/Public-Works/PublicWorks.html.
Pursuant to Labor Code section 1771.1, no contractor or subcontractor may be listed an a
proposal for a public works project submitted an or after March 1, 2015 unless registered with
the Department of Industrial Relations. Furthermore, all proposers and contractors are hereby
notified that no contractor or subcontractor may be awarded, on or after April 1, 2015, a contract
for public work on a public works protect unless registered with the Department of Industrial
Relations.
Pursuant to Labor Code section 1771.4, all proposers are hereby notified that this project is
subject to compliance monitoring and enforcement by the Department of Industrial Relations.
7. Concurrently with the execution of this Contract, Contractor shall furnish a Performance
Bond and a Payment Bond of a surety satisfactory to City, as provided in said Specifications or
Request for Proposal, the cost of which shall be paid by Contractor,
8. Except for the gross negligence or willful misconduct of an Indemnified Party (as
hereinafter defined), the Contractor hereby assumes liability for and agrees to defend (at
Indemnified Parties' option), indemnify, protect and hold harmless City and its Project
Consultants, and Engineers, officers, agents, and employees ("Indemnified Parties") from and
against any and all claims, charges, damages, demands, actions, proceedings, losses, stop
notices, costs, expenses (including counsel fees), judgments, civil fines and penalties, liabilities
of any kind or nature whatsoever, which may be sustained or suffered by or secured against the
Indemnified Parties arising out of or encountered in connection with this Contract or the
performance of the Work including, but not limited to, death of or bodily or personal injury to
persons or damage to property, including property owned by or under the rare and custody of
City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by
any negligent or other act or omission of Contractor, its officers, agents. employees or
Subcontractors including, but not limited to, liability arising from:
1. Any dangerous, hazardous, unsafe or defective condition of, in or on the
premises, of any nature whatsoever, which may exist by reason of any act, omission,
neglect, or any use or occupation of the premises by Contractor, its officers, agents;
employees, or subcontractors;
2. Any operation conducted upon or any use or occupation of the premises by
Contractor, its officers, agents, employees, or subcontractors under or pursuant to the
provisions of this contract or otherwise;
3. Any act, omission or negligence of Contractor, its officers, agents, employees, or
Subcontractors;
d. Any failure of Contractor, its officers, agents or employees to comply with any of
the terms or conditions of this Contract or any applicable federal, state, regional, or
municipal law, ordinance, rule or regulation; and
5. The conditions, operations, uses, occupations, acts, omissions or negligence
referred to in Sub -subsections (1), (2), (3), and (4), existing or conducted upon or arising
Canrract 1300-Z
311
from the use or occupation by Contractor on any other premises in the care, custody and
control of City.
The Contractor also agrees to indemnify City and pay for all damages or loss suffered by City
including but not limited to damage to or loss of City property, to the extent not insured by City
and loss of City revenue from any source, caused by or arising out of the conditions, operations,
uses, occupations, acts, omissions or negligence referred to in Sub -subsections (1), (2). (3), (4)
and (5).
Contractor's obligations under this Section apply regardless of whether or not such claim,
charge, damage, demand, action, proceeding, loss, stop notice, cost expense, judgment, civil
fine or penalty, or liability was caused in part or contributed to by an Indemnified party.
However, without affecting the rights of City under any provision of this Contract, Contractor
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 Contract 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 Contractor will be for that entire portion or
percentage of liability not attributable to the active negligence of City.
Contractor agrees to obtain executed indemnity agreements with provisions identical to those
set forth here in this section from each and every subcontractor or any other person or entity
invoived by, for, with or on behalf, of Contractor in the perrormance of this Contract. In the event
Contractor fails to obtain such indemnity obligations from others as required here, Contractor
agrees to be fully responsible according to the terms of this section.
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 here is binding or) the successors, assigns or heirs of Contractor
and shall survive the termination of this Contract or this section.
This indemnity shall survive termination of the Contract or Final Payment hereunder. This
Indemnity is in addition to any other rights or remedies that the Indemnified Parties may have
under the law or under any other Contract Documents or Agreements. In the event of any claim
or demand made against any party which is entitled to be indemnified hereunder, City may, in
its sale discretion, reserve, retain or apply any monies to the Contractor under this Contract for
the purpose of resolving such claims; provided, however, City may release such funds if the
Contractor provides City with reasonable assurance of protection of the Indemnified Parties'
interests. City shall, in its sole discretion, determine whether such assurances are reasonable.
Approval of any insurance contracts by the City does not relieve the Contractor or
subcontractors from liability under Section 1340-1.0, Indemnification of the Specifications. The
City will not be liable for any accident, loss, or damage to the work prior to its completion and
acceptance.
9. Contractor shall hold the County of Riverside, its officers, agents and employees free
and harmless from any liability whatsoever, including wrongful death, based or asserted upon
any act or omission of principal, its officers, agents, employees or sub -contractors relating to or
in any way connected with or arising from the accomplishment of the work, whether or not such
acts or omissions were in furtherance of the work requires by the Contract Documents and
agrees to defend at his expense, including attorney fees, City of La Quinta, County of Riverside,
Contract 1300-3
312
its officers, agents, employees and Independent Architect in any legal action based on any such
alleged acts or omissions.
10. Except as otherwise required, Contractor shall concurrently with the execution of this
contract, furnish the City satisfactory evidence of insurance of the kinds and in the amounts
provided in said Specifications, Section 1340-2.0, Insurance Requirements. This insurance shall
be kept in full force and effect by Contractor during this entire contract and all premiums thereon
shall be promptly paid by it. Each policy shall further state that it cannot be canceled without 30
days unconditional written notice to the City and shall name the City as an additional insured on
the Commercial General Liability policy only. Contractor shall furnish evidence of having in
effect, and shall maintain Workers Compensation Insurance coverage of not less than the
statutory amount or otherwise show a certificate of self-insurance, in accordance with the
Workers Compensation laws of the State of California. Failure to maintain the required amounts
and types of coverage throughout the duration of this Contract shall constitute a material breach
of this Contract.
11. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or
mechanic employed in the execution of this Contract by said Contractor, or any subcontractor
under it, upon any of the work herein mentioned, for each calendar day during which such
laborer, workman, or mechanic is required or permitted to work at other than a rate of pay
provided by law for more than 8 hours in any one calendar day and 40 hours in any one
caiendar week, in violation of the provisions of Sections 1810-1815 of the Labor Code of the
State of California.
12. In accepting this Contract, Contractor certifies that in the conduct of its business it does
not deny the right of any individual to seek, obtain and hold employment without discrimination
because of race, religious creed, color, national origin, ancestry, physical handicap, medical
condition. marital status, sex or age as provided in the California Fair Employment Practice Act
{Government Code Sections 12900, et seq.} Contractor agrees that a finding by the State Fair
Employment Practices Commission that Contractor has engaged during the term of this
Contract in any unlawful employment practice shall be deemed a breach of this Contract and
Contractor shall pay to City $1,607.00 liquidated damages for each such breach committed
under this contract.
13_ Contractor also agrees that for contracts in excess of $30,000 and more than 20
calendar days duration, that apprentices will be employed without discrimination in an approved
program in a ratio established in the apprenticeship standards of the craft involved (Sections
1777.5 and 1777.6, Labor Code of California). Contractors who willfully fail to comply will be
denied the right to submit a proposal on public projects for a period of six months in addition to
other penalties provided by law.
14. This Contract shall not be assignable by Contractor without the written consent of City.
15. In accepting this Contract, Contractor certifies that no member or officer of the firm or
corporation is an officer or employee of the City except to the extent permitted by law.
16. Contractor certifies that it is the holder of any necessary California State Contractor's
License and authorized to undertake the above work.
17, The City, or its authorized auditors or representatives, shall have access to and the right
to audit and reproduce any of the Contractor records to the extent the City deems necessary to
Confraet 1300-4
313
insure it is receiving all money to which it is entitled under the contract and/or is paying only the
amounts to which Contractor is properly entitled under the Contract or for other purposes
relating to the Contract.
18. The Contractor shall maintain and preserve all such records for a period of at feast three
years after termination of the contract.
19. The Contractor shall maintain all such records in the City of La Quinta, If not, the
Contractor shall, upon request, promptly deliver the records to the City or reimburse the City for
all reasonable and extra costs incurred in conducting the audit at a location other than at City
offices including, but not limited to, such additional (out of the City) expenses for personnel,
salaries, private auditors, travel, lodging, meals and overhead.
20. The further terms, conditions, and covenants of the Contract are set forth in the Contract
Documents, each of which is by this reference made a part hereof.
Contract 1300-5
314
IN WITNESS WHEREOF, the parties have executed this Contract as of the dates
stated below.
"CITY"
CITY OF LA QUINTA,
a California municipal corporation
Dated: By:
,Jon McMillen, City Manager
ATTEST:
Dated:
Monika Radeva, City Clerk
APPROVED AS TO FORM:
Dated:
City Attorney
"CONTRACTOR"
(If corporation, affix seal)
DocuSY9ned by:
Dated: 5% 7 f 2 0 2 4 By:,••,°�
Signs ure
Name: Joel Hunter Title: President
Address: 2351 McGaw Ave. Irvine CA 92614
Street Address City State Zip Code
E-mail: 7 hunter@hors zonl fight ingznc . c'Q1i1,. ,Lgned by:
Bated: 5 f 7 j 2 0 2 4 By, r .±' - 0 �
Signature
Name: Hill Duffy Title: Vice President
Address: 2351 McGaw Ave_ Irvine CA 92614
Street Address City State Zip Code
E-mail: bill@horizonlightinginc . Pfli9rte No: (949) 336-4336
contract ysoo s
315
SECTION 1245
Base Proposal Items 1 - 69
Landscape Lighting Maintenance Services
Project No. 2023-29
Item No.
Monthly Facility / Lighting Inspection
Unit
Price/Month
Price/Annual
1
Acacia Median (Seeley Dr)
LS
2
Acacia Perimeter (Miles Ave)
LS
3
Adams Bridge
LS
4
Adams St Median (Ave 48-Hwy 111)
LS
5
Airport Blvd/Ave 56 (Madison to Monroe)
LS
6
Auto Center Dr Median/Round-A-Bout
LS
7
Ave 50 Median (Eisenhower Dr -Washington St)
LS
8
Ave 50 Median (Evac Channel -Jefferson St.)
LS
9
Ave 52/Sinaloa Median (Eisenhower to Desert Club)
LS
10
Ave 52 Median (Washington to Jefferson)
LS
11
Ave 54 Median (Jefferson St -Madison St)
LS
12
Avenida Bermudas (Ave 52 to Main St.)
LS
13
Avenida Bermudas Median (Montezuma to Tampico)
LS
14
Avenida La Fonda (Avenida Bermudas -Desert Club)
LS
15
Avenida Montezuma at Avenida Navarro
LS
16
Avenida Montezuma/Bermudas City Parking Lot
LS
17
Cactus Flower Entrances (Dune Palms Rd)
LS
18
Cactus Flower Perimeter
Fred Waring & Dune Palms Rd
LS
19
Calle Estado Median
(Avenida Bermudas -Desert Club)
LS
20
Calle Tampico Median (Eisenhower Dr -Washington)
LS
21
Civic Center Perimeter (Calle Tampico/Washington)
LS
22
Del Rey L.Q. Norte Perimeter (Miles Ave)
LS
23
Desert Club Dr (Ave 52 to Tampico)
LS
24
Desert Club Manor/ Saguaro Park (Saguaro Rd)
LS
25
Eisenhower Dr Median (Bermudas to Madrid)
LS
26
Eisenhower Dr Median (Madrid to Colima)
LS
27
Eisenhower Dr Median (Colima to Nogales)
LS
28
Eisenhower Dr Median (Nogales- Tampico)
LS
29
Eisenhower Dr Median (Tampico to Ave 50)
LS
30
Eisenhower Dr. Median (Fernando to Coachella Dr
LS
31
Eisenhower Dr. (Coachella Dr to Washington St)
LS
32
Entrance Monument (Home Depot)
Hwy 111 /Jefferson
LS
33
Entrance Monument (Hwy 111/Plaza La Quinta)
LS
34
Fire Station - #93 (Adams St N or Miles Ave)
LS
35
Fire Station #70 - P.G.A. West Perimeter
(Ave 54/Madison St)
LS
36
Fire Station 32 (Ave 52 @ Desert Club)
LS
37
Village Electrical System (Estado/Bermudas)
LS
316
Item No.IMonthly
Facility / Lighting Inspection
Unit
Price/Month
Price/Annual
38
Village Electrical System (Estado/Desert Club)
LS
39
Village Electrical System (La Fonda/Bermudas)
LS
40
Village & Electrical System (La Fonda/Desert Club)
LS
41
Fountain (Hwy111 @ Washington) LG's
LS
42
APP Dancing Fairies & Elect. Sys. (78495 Tampico)
City Hall
LS
43
Fred Waring Drive (Palm Royal Drive to Jefferson)
LS
44
Hwy 111 Medians (West of Adams to Jefferson)
LS
45
Jefferson St Median (Hwy 111-Ave 54)
LS
46
Jefferson St Median (Hwy 111-Westward Ho)
LS
47
Jefferson St Bridge
LS
48
Library Parking Lot & Perimeter
LS
49
L.Q. Del Oro Perimeter & Median (Via Sevilla)
LS
50
L.Q. Del Oro Perimeter (Washington St)
LS
51
L.Q. Highlands Perimeter & Median (Las Vistas Dr)
LS
52
L.Q. Highlands Perimeter (Fred Waring Dr)
LS
53
Maintenance Yard & Parking lot
LS
54
Madison St. Median (Airport to Ave 58)
LS
55
Madison St, Ave 54 to Ave 56
LS
56
Madison St, Ave 52 to Ave 54
LS
57
Marbella Perimeter (Miles Ave/Adams St)
LS
58
Quinterra Perimeter (Miles Ave & Adams St.)
LS
59
Rancho Ocotillo Perimeter (Adams St)
LS
60
Rancho Ocotillo Perimeter (Fred Waring Dr)
LS
61
Wellness Center Parking Facilities
(Avenida La Fonda/Calle Guatemala)
LS
62
Wellness Center Perimeter
(Avenida La Fonda/Calle Guatemala)
LS
63
Topaz Perimeter (Dune Palms Rd &Miles Ave)
LS
64
Washington St Median (Ave 52 to Ave 50)
LS
65
Washington St Median (Ave 50-Ave 48)
LS
66
Washington St. Median (Ave 48 to Ave 47)
LS
67
Washington St Median (Miles Ave to Fred Waring)
LS
68
YMCA Parking Lot (Moon River)
LS
Total Amount of Base Proposal Items
1 - 68
LS
317
TOTAL BASE Proposal
(IN WORDS)
Proposal amount of each of the above Proposal Items must be filled in and completed. It is
understood that the quantities shown hereon are but estimates and the proposer is responsible
to verify quantities prior to submitting a proposal. Final payment will be based upon actual work
performed, subject to such adjustments and alterations as elsewhere provided herein.
A. Initial Annual Contract Period will be for one year (12 months) from July 1, 2024, until June 30,
2025.
B. The City may elect to exercise an extension to renew this contract for six (6) additional terms
with ninety (90)-day notice, contingent upon satisfactory work of the Contractor.
C. The City may authorize a maximum increase per fiscal year to the above listed contract
amount based on the Local Consumer Price Index for Riverside, San Bernardino, and Ontario.
D. Authorized extra work and services may be requested in an annual amount to be determined
at the City's discretion and approved by City Council for lighting/landscape restoration and/or additional
On -Call Electrical Maintenance services within the L&L, Parks, Buildings, and Facilities maintenance
areas.
Signature of Proposer (Ink)
Name of Proposer (Printed or Typed)
318
CONSENT CALENDAR ITEM NO. 15
City of La Quinta
CITY COUNCIL MEETING: June 18, 2024
STAFF REPORT
AGENDA TITLE: AWARD CONTRACT TO DESERT CONCEPTS CONSTRUCTION, INC.
FOR PARK LANDSCAPE MAINTENANCE, PROJECT NO. 2023-30; AND AUTHORIZE
THE PUBLIC WORKS DEPARTMENT TO UTILIZE DESERT CONCEPTS
CONSTRUCTION, INC. AS A SELECT SOURCE FOR EXTRA WORK AND ON -CALL
MAINTENANCE SERVICES
RECOMMENDATION
Award a contract to Desert Concepts Construction, Inc. for Park Landscape Maintenance
Services, Project No. 2023-30; authorize the Public Works Department to utilize Desert
Concepts Construction, Inc. as a select source for extra work and on -call maintenance
services for up to $300,000 in fiscal year 2024-25; and authorize the City Manager to
execute the contract.
EXECUTIVE SUMMARY
• The City contracts landscape maintenance services (LSM) for public parks, retention
basins, and civic facilities to maintain aesthetically pleasing landscapes citywide.
On April 2, 2024, the City posted a Request for Qualifications (RFQ) for LSM
including on -call services; received 3 responses; and the selection committee
recommends contracting with Desert Concepts Construction, Inc. (Desert Concepts)
based on their experience and qualifications.
• Staff requests authority to utilize Desert Concepts as a select source for additional
on -call landscape renovation and maintenance services within parks and areas not
located within the scope of this contract for fiscal year (FY) 2024/25.
-ISCAL IMP
The contract is for an initial 1-year term and may be extended for 6 additional years based
on satisfactory performance by Desert Concepts. The total cost for FY 2024/25 is allocated
between 4 fund accounts as follows:
Fund Account
FY 2024/25
Park Fund (101-3005-60112)
$
918,400
L&L Fund 215-7004-60112
$
204,000
Museum Fund (202-3006-60112)
$
24,000
Library Fund 202-3004-60112
$
33,600
Total:
$
1,180,000
319
At this time, staff seeks authorization for a 3-year period, should the available extended
terms be executed. The costs are detailed below:
Fiscal Year
Landscape Maintenance Services
Cost
FY 2024-25
$1,180,000
FY 2025-26
$1,180,000
FY 2026-27
$1,180,000
Contingency at 5%
compounded year -over -year for CPI per Section 1240
$ 179,950
Grand Total:
$3,719,950
Staff requests Council approval for additional spending authority up to $300,000 in FY
2024/25 for extra work and on -call services. The $300,000 would be charged in increments
as needed to the appropriate budgeted maintenance services account(s) Parks (101-3005-
60691); L&L (215-7004-60691); Museum (202-3006-60112); and Library (202-3004-60112)
for landscape maintenance and/or renovation of City property.
BACKGROUND/ANALYSIS
The City contracts landscape maintenance within the parks, retention basins, the YMCA,
Library, and Museum, for daily, weekly and monthly maintenance of all landscaped areas.
On April 2, 2024, an RFQ was posted for LSM and on -call landscape maintenance
services. A mandatory pre -proposal meeting was held on April 16, 2024; 9 contractors
attended; 3 proposals were received; and the selection committee recommends contracting
with Desert Concepts, located in Indio, based on their qualifications and experience.
The proposed contract (Attachment 1) includes landscape maintenance service for parks,
retention basins, the YMCA, the Museum and Library. Section 1240 of the contract also
allows for extra work for landscape maintenance on an on -call as -needed basis. On -call
services is not guaranteed work, however, utilizing the same contractor as a select source
for extra work would ensure continuity and consistency of landscape maintenance and
improvements in areas with aged and deferred landscape maintenance and at City property
not located within the contracted areas. This work may include modifications to the
irrigation system, replacement of trees, shrubs, ground cover, accident damage, vandalism
repair, weed abatement, storm debris cleanup, irrigation assessments, and landscape or
field improvements at other City maintenance areas on request.
Staff requests Council approval for additional spending authority with Desert Concepts for
extra work and on -call services up to $300,000 in FY 2024/25.
The contract would be for an initial one-year term, effective July 1, 2024, through June 30,
2025. The contract may be extended for 6 additional years, at 1, 2, or 3-year terms, to be
executed at the beginning of a FY through 2030/31 at the City's discretion, should the
contractor perform in a satisfactory manner. Staff will seek Council approval for additional
spending authority annually and provide an update on the status of the contract and on the
LSM costs for each FY.
320
ALTERNATIVES
Council may direct staff to choose the next most qualified proposer or, direct staff to
prepare new specifications and re -advertise for Citywide landscape services. However, that
would cause a delay in services.
Prepared by: Dianne Hansen, Maintenance & Operations Superintendent
Approved by: Bryan McKinney, Public Works Director/City Engineer
Attachment: 1. Contract with Desert Concepts
321
ATTACHMENT 1
SECTION 1300
CONTRACT
THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal corporation,
herein referred to as "City," and Desert Concepts Construction, Inc. herein referred to as,
"Contractor."
WITNESSETH:
In consideration of their mutual covenants, the parties hereto agree as follows:
1. Contractor shall furnish all necessary labor, material, equipment, transportation and
services to perform Project No. 2023-30, Park Landscape Maintenance Services and
On -Call Landscape Maintenance Services in the City of La Quinta, California pursuant to the
Request For Proposal (RFP), the project Specifications, and Contractor's Proposal, all of which
documents shall be considered a part hereof as though fully set herein.
Should any provisions of Contractor's Proposal be in conflict with the Notice Inviting
Proposals, Specifications, or this Contract, then the provisions of said Contract, Specifications,
and Invitation to Propose shall be controlling in that order of precedence. The time frame for
work shall be in accordance with that specified in the Requests for Qualifications and Proposals.
2. Contractor will comply with all Federal, State, County, and La Quinta Municipal Code
Regulations, which are, as amended from time to time, incorporated herein by reference.
3. All work shall be done in a manner satisfactory to the Parks M&O Superintendent.
4. Contractor shall commence work on July 1, 2024, after the issuance of a written Notice
to Proceed.
5. In consideration of said work, City agrees to pay Contractor such sums as shall be
approved by Parks M&O Superintendent at monthly sums and/or unit prices stated in the
Contractor's Proposal, the base consideration ($ 1,180,000.00). All payments shall be subject
to approval by the Parks M&O Superintendent and shall be in accordance with the terms,
conditions, and procedures provided in the Specifications.
6. The Contractor shall not knowingly pay less than the general prevailing rate for per diem
wages, as determined by the State of California Department of Industrial Relations and referred
to in the Invitation to Propose, to any workman employed for the work to be performed under
this contract; and the Contractor shall forfeit as a penalty to the City the sum of Twenty -Five
Dollars ($25.00) for each calendar day, or fraction thereof, for such workman paid by him or by
any subcontractor under him in violation of this provision (Sections 1770-1777, Labor Code of
California).
Pursuant to Section 1770, et. seq., of the California Labor Code, the successful proposer shall
pay not less than the prevailing rate of per diem wages as determined by the Director of the
California Department of Industrial Relations. These wage rates are available from the California
Department of Industrial Relations' Internet website at http://www.dir.ca.gov.
Pursuant to Section 1725.5 of the California Labor Code, no contractor or subcontractor may be
awarded a contract for public work on a public works project unless registered with the
Department of Industrial Relations at the time the contract is awarded. Contractors and
Contract 1300-1
322
subcontractors may find additional information for registering at the Department of Industrial
Relations website at http://www.dir.ca.gov/Public-Works/PublicWorks.html.
Pursuant to Labor Code section 1771.1, no contractor or subcontractor may be listed on a bid
proposal for a public works project submitted on or after March 1, 2015 unless registered with
the Department of Industrial Relations. Furthermore, all proposers and contractors are hereby
notified that no contractor or subcontractor may be awarded, on or after April 1, 2015, a contract
for public work on a public works project unless registered with the Department of Industrial
Relations.
Pursuant to Labor Code section 1771.4, all proposers are hereby notified that this project is
subject to compliance monitoring and enforcement by the Department of Industrial Relations.
7. Concurrently with the execution of this Contract, Contractor shall furnish bonds of a
surety satisfactory to City, as provided in said Specifications or Invitation to Propose, the cost of
which shall be paid by Contractor.
8. Except for the gross negligence or willful misconduct of an Indemnified Party (as
hereinafter defined), the Contractor hereby assumes liability for and agrees to defend (at
Indemnified Parties' option), indemnify, protect and hold harmless City and its Project
Consultants, and Engineers, officers, agents, and employees ("Indemnified Parties") from and
against any and all claims, charges, damages, demands, actions, proceedings, losses, stop
notices, costs, expenses (including counsel fees), judgments, civil fines and penalties, liabilities
of any kind or nature whatsoever, which may be sustained or suffered by or secured against the
Indemnified Parties arising out of or encountered in connection with this Contract or the
performance of the Work including, but not limited to, death of or bodily or personal injury to
persons or damage to property, including property owned by or under the care and custody of
City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by
any negligent or other act or omission of Contractor, its officers, agents, employees or
Subcontractors including, but not limited to, liability arising from:
1. Any dangerous, hazardous, unsafe or defective condition of, in or on the
premises, of any nature whatsoever, which may exist by reason of any act, omission,
neglect, or any use or occupation of the premises by Contractor, its officers, agents,
employees, or subcontractors;
2. Any operation conducted upon or any use or occupation of the premises by
Contractor, its officers, agents, employees, or subcontractors under or pursuant to the
provisions of this contract or otherwise;
3. Any act, omission or negligence of Contractor, its officers, agents, employees, or
Subcontractors;
4. Any failure of Contractor, its officers, agents or employees to comply with any of
the terms or conditions of this Contract or any applicable federal, state, regional, or
municipal law, ordinance, rule or regulation; and
5. The conditions, operations, uses, occupations, acts, omissions or negligence
referred to in Sub -subsections (1), (2), (3), and (4), existing or conducted upon or arising
from the use or occupation by Contractor on any other premises in the care, custody and
control of City.
The Contractor also agrees to indemnify City and pay for all damages or loss suffered by City
including but not limited to damage to or loss of City property, to the extent not insured by City
Contract 1300-2
323
and loss of City revenue from any source, caused by or arising out of the conditions, operations,
uses, occupations, acts, omissions or negligence referred to in Sub -subsections (1), (2), (3), (4)
and (5).
Contractor's obligations under this Section apply regardless of whether or not such claim,
charge, damage, demand, action, proceeding, loss, stop notice, cost expense, judgment, civil
fine or penalty, or liability was caused in part or contributed to by an Indemnified Party.
However, without affecting the rights of City under any provision of this Contract, Contractor
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 Contract 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 Contractor will be for that entire portion or
percentage of liability not attributable to the active negligence of City.
Contractor agrees to obtain executed indemnity agreements with provisions identical to those
set forth here in this section from each and every subcontractor or any other person or entity
involved by, for, with or on behalf of Contractor in the performance of this Contract. In the event
Contractor fails to obtain such indemnity obligations from others as required here, Contractor
agrees to be fully responsible according to the terms of this section.
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 here is binding on the successors, assigns or heirs of Contractor
and shall survive the termination of -this Contract or this section.
This indemnity shall survive termination of the Contract or Final Payment hereunder. This
Indemnity is in addition to any other rights or remedies that the Indemnified Parties may have
under the law or under any other Contract Documents or Agreements. In the event of any claim
or demand made against any party which is entitled to be indemnified hereunder, City may, in
its sole discretion, reserve, retain or apply any monies to the Contractor under this Contract for
the purpose of resolving such claims; provided, however, City may release such funds if the
Contractor provides City with reasonable assurance of protection of the Indemnified Parties'
interests. City shall, in its sole discretion, determine whether such assurances are reasonable.
Approval of any insurance contracts by the City does not relieve the Contractor or
subcontractors from liability under Section 1340-1.0, Indemnification of the Specifications. The
City will not be liable for any accident, loss, or damage to the work prior to its completion and
acceptance.
9. Contractor shall hold the County of Riverside, its officers, agents and employees free
and harmless from any liability whatsoever, including wrongful death, based or asserted upon
any act or omission of principal, its officers, agents, employees or sub -contractors relating to or
in any way connected with or arising from the accomplishment of the work, whether or not such
acts or omissions were in furtherance of the work requires by the Contract Documents and
agrees to defend at his expense, including attorney fees, City of La Quinta, County of Riverside,
its officers, agents, employees and Independent Architect in any legal action based on any such
alleged acts or omissions.
10. Except as otherwise required, Contractor shall concurrently with the execution of this
contract, furnish the City satisfactory evidence of insurance of the kinds and in the amounts
provided in said Specifications, Section 1340-2.0, Insurance Requirements. This insurance shall
be kept in full force and effect by Contractor during this entire contract and all premiums thereon
shall be promptly paid by it. Each policy shall further state that it cannot be canceled without 30
Contract 1300-3
324
days unconditional written notice to the City and shall name the City as an additional insured on
the Commercial General Liability policy only. Contractor shall furnish evidence of having in
effect and shall maintain Workers Compensation Insurance coverage of not less than the
statutory amount or otherwise show a certificate of self-insurance, in accordance with the
Workers Compensation laws of the State of California. Failure to maintain the required amounts
and types of coverage throughout the duration of this Contract shall constitute a material breach
of this Contract.
11. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or
mechanic employed in the execution of this Contract by said Contractor, or any subcontractor
under it, upon any of the work herein mentioned, for each calendar day during which such
laborer, workman, or mechanic is required or permitted to work at other than a rate of pay
provided by law for more than 8 hours in any one calendar day and 40 hours in any one
calendar week, in violation of the provisions of Sections 1810-1815 of the Labor Code of the
State of California.
12. In accepting this Contract, Contractor certifies that in the conduct of its business it does
not deny the right of any individual to seek, obtain and hold employment without discrimination
because of race, religious creed, color, national origin, ancestry, physical handicap, medical
condition, marital status, sex or age as provided in the California Fair Employment Practice Act
(Government Code Sections 12900, et seq.) Contractor agrees that a finding by the State Fair
Employment Practices Commission that Contractor has engaged during the term of this
Contract in any unlawful employment practice shall be deemed a breach of this Contract and
Contractor shall pay to City $1,607.00 liquidated damages for each such breach committed
under this contract.
13. Contractor also agrees that for contracts in excess of $30,000 and more than 20
calendar days duration, that apprentices will be employed without discrimination in an approved
program in a ratio established in the apprenticeship standards of the craft involved (Sections
1777.5 and 1777.6, Labor Code of California). Contractors who willfully fail to comply will be
denied the right to submit proposals for public projects for a period of six months in addition to
other penalties provided by law.
14. This Contract shall not be assignable by Contractor without the written consent of City.
15. In accepting this Contract, Contractor certifies that no member or officer of the firm or
corporation is an officer or employee of the City except to the extent permitted by law.
16. Contractor certifies that it is the holder of any necessary California State Contractor's
License and authorized to undertake the above work.
17. The City, or its authorized auditors or representatives, shall have access to and the right
to audit and reproduce any of the Contractor records to the extent the City deems necessary to
insure it is receiving all money to which it is entitled under the contract and/or is paying only the
amounts to which Contractor is properly entitled under the Contract or for other purposes
relating to the Contract.
18. The Contractor shall maintain and preserve all such records for a period of at least three
years after termination of the contract.
19. The Contractor shall maintain all such records in the City of La Quinta. If not, the
Contractor shall, upon request, promptly deliver the records to the City or reimburse the City for
all reasonable and extra costs incurred in conducting the audit at a location other than at City
Contract 1300-4
325
offices including, but not limited to, such additional (out of the City) expenses for personnel,
salaries, private auditors, travel, lodging, meals and overhead.
20. The further terms, conditions, and covenants of the Contract are set forth in the Contract
Documents, each of which is by this reference made a part hereof.
Contract 1300-5
326
By:
Jon McMillen, City Manager
Dated:
Dated:
"CONTRACTOR"
(If corporation, affix al)
Dated: 05/28/24 By:
Name: Julio Castro
Address:
79-775 Ave 40
Street Address
E-mail: mail@desertconcepts.net
Dated: 05/28/24
IN WITNESS WHEREOF, the parties have executed this Contract as of the
dates stated below.
"CITY"
CITY OF LA QUINTA,
a California municipal corporation
Dated:
ATTEST:
Monika Radeva, City Clerk
APPROVED AS TO FORM:
City Attorney
Sig �fure
7i le President
Indio CA 92203
City State Zip Code
By:
Sign re
Name: Regina Castro Title: Vice -President
Address:
79-775 Ave 40 Indio CA 92203
Street Address City State Zip Code
E-mail: mail(d)desertconceDts.net
Contract 1300-6
327
SECTION 1240
PARK LANDSCAPE MAINTENANCE SERVICES, PROJECT NO. 2023-30
SUMMATION — PROPOSAL FORM
PARKS AND CIVIC FACILITIES
Park Facility
Unit Price
Annual Price
1
Adams Park
2
Bear Creek Trail
3
North Bear Creek Trail Head
4
Nature Preserve (Ensenada to Tecate)
5
Civic Center Campus: Park
City Hall
Library
Wellness Center
La Fonda Open Area
Tampico
6
Colonel Mitchell Paige Middle School Sports Fields
7
Cove Oasis: Trailhead
8
Entryway (corner of Calle Tecate and Avenida Madero)
9
Parking Lots (at Calle Tecate & Avenida Bermudas)
10
Desert Pride Park
11
Eisenhower Park Mini Park
12
Fred Wolff Nature Preserve
13
Fritz Burns Park and Dog Park
14
La Quinta Park
15
Monticello Park (excluding Retention Basin)
16
Museum
17
Lumber Yard
18
Pioneer Park and Dog Park
19
Saguaro Park
20
Seasons Dog park
21
Sports Complex
22
Velasco Mini Park
23
X-Park
Total Combined Projects
TOTAL BASE PROPOSAL FOR PARKS AND CIVIC FACILITIES:
IN WORDS)
328
SECTION 1240
PARK LANDSCAPE MAINTENANCE SERVICES, PROJECT NO. 2023-30
SUMMATION — PROPOSAL FORM
RETENTION BASINS/OTHER AREAS
Retention Basins/Other Areas
Unit Price
Annual Price
1
Youth Center (YMCA)
(Moon River Dr. and Ave. 50)
2
Perimeter — Moon River east side LS
West side trees
(North of Ave 50)
3
Retention Basin — Adams Park
(44425 Adams Street)
4
Retention Basin — Seasons
(Cloud View Way)
Total Combined Projects:
TOTAL BASE PROPOSAL FOR RETENTION BASINS AND OTHER AREAS:
IN WORDS)
329
SUMMATION — PROPOSAL FORM
PARK LANDSCAPE MAINTENANCE SERVICES, PROJECT NO. 2023-30
COMBINED PARKS AND CIVIC FACILITIES AND RETENTION BASINS
Item No.
Description
Unit
Quantity
Unit Price
Annual Price
1
PARKS AND CIVIC FACILITIES
LS
23
2
RETENTION BASINS/OTHER
AREAS
LS
4
TOTAL
TOTAL COMBINED BASE PROPOSAL ITEMS:
(IN WORDS)
A. Initial Annual Contract Period will be for one year (12 months) from July 1, 2024, until June 30,
2025.
B. The City may elect to exercise an extension to renew this contract for six additional terms with a
ninety (90)-day notice, contingent upon satisfactory work of the Contractor.
C. The City may authorize a maximum increase per fiscal year to the above listed contract amount
based on the Local Consumer Price Index for Riverside, San Bernardino, and Ontario areas.
D. Authorized extra work and services may be requested in an annual amount to be determined at
the City's discretion and approved by City Council for landscape restoration, and/or additional On -Call
Landscape Maintenance services on City property and/or within other maintenance areas for parks,
Facilities and/or Landscape & Lighting Assessment District 89-1.
330
CONSENT CALENDAR ITEM NO. 16
City of La Quinta
CITY COUNCIL MEETING: June 18, 2024
STAFF REPORT
AGENDA TITLE: AWARD CONTRACT TO VINTAGE ASSOCIATES, INC. FOR
SILVERROCK LANDSCAPE MAINTENANCE, PROJECT NO.2023-31; AND AUTHORIZE
THE PUBLIC WORKS DEPARTMENT TO UTILIZE VINTAGE ASSOCIATES, INC. AS A
SINGLE SOURCE FOR EXTRA WORK AND ON -CALL MAINTENANCE SERVICES
RECOMMENDATION
Award a contract to Vintage Associates, Inc. for SilverRock Landscape Maintenance
Services, Project No. 2023-31; authorize the Public Works Department to utilize Vintage
Associates, Inc as a select source for extra work and on -call landscape maintenance
services for up to $300,000 in fiscal year 2024/25; and authorize the City Manager to
execute the contract.
EXECUTIVE SUMMARY
• The City contracts landscape maintenance services for public parks, medians,
parkways, and retention basins throughout the City.
• On April 2, 2024, the City posted a Request for Qualifications (RFQ) for SilverRock
landscape maintenance services (SRR LSM) including on -call landscape
maintenance services; received 5 responses; and the selection committee
recommends contracting with Vintage Associates, Inc. (Vintage) based on their
experience and qualifications.
• Staff requests authority to utilize Vintage as a select source for additional on -call
landscape maintenance services for fiscal year (FY) 2024/25 that is not included in
the scope of the contracted SRR LSM areas.
FISCAL IMPACT
The contract is for an initial 1-year term and may be extended for 6 additional years based
on satisfactory performance by Vintage. The total cost for FY 2024/25 is allocated between
3 fund accounts as follows:
Fund Account
FY 2024/25
Park Fund 101-7004-60112
$ 170,176
L&L Fund (215-7004-60112)
$ 47,600
SRR Parkways 215-7004-60146
$ 82,000
Total:
$ 299,776
331
At this time, staff seeks authorization for a 3-year period, should the available extended
terms be executed. The costs are detailed below:
Fiscal Year
Landscape Maintenance Services
Cost
FY 2024-25
$299,776
FY 2025-26
$299,776
FY 2026-27
$299,776
Contingency at 5%
compounded year -over -year for CPI per Section 1240
$ 45,716
Grand Total:
$945,044
Staff requests Council approval for additional spending authority up to $300,000 in FY
2024/25 for extra work and on -call services. The $300,000 would be charged in increments
as needed to the appropriate budgeted maintenance services account(s) in Parks (101-
3005-60691); and L&L (215-7004-60691 and 215-7004-60673) for landscape maintenance,
renovation, weed abatement, tree removal, and storm damage cleanup of City property.
BACKGROUND/ANALYSIS
The City contracts landscape maintenance for daily, weekly and monthly maintenance of
landscaped areas located within City parks, retention basins, and parkways. The purpose
of SRR LSM is to increase service levels at the SilverRock (SRR) Event Park and
landscape improvements at the parkways located on Avenue 52 and Jefferson Street.
On April 2, 2024, an RFQ was posted for SRR LSM services and on -call services. A
mandatory pre -proposal meeting was held on April 10, 2024; 7 contractors attended;
received 5 proposals; and the Selection Committee recommends contracting with Vintage,
located in Bermuda Dunes, based on their experience and qualifications.
The proposed contract (Attachment 1) includes landscape maintenance services for SRR
Event Park, retention basin, and perimeter parkways located on Avenue 52, Jefferson
Street, and Avenue 54. Section 1240 of the contract also allows for extra work for
landscape maintenance on an on -call as -needed basis. On -call services is not guaranteed
work, however, utilizing the same contractor as a select source for extra work would ensure
continuity and consistency of landscape maintenance and improvements in areas with
aged and deferred landscape maintenance and at City property not located within the
contracted areas. This work may include modifications to the irrigation system, replacement
of trees, shrubs, ground cover, accident damage, vandalism repair, weed abatement, storm
debris cleanup, irrigation assessments, and landscape or field improvements at other City
maintenance areas on request.
Staff requests Council approval for additional spending authority with Vintage for extra work
within the SRR LSM areas and on -call services up to $300,000 in FY 2024/25.
332
The contract would be for an initial one-year term, effective July 1, 2024, through June 30,
2025. The contract may be extended for 6 additional years, renewable at 1, 2, or 3-year
terms, to be executed at the beginning of a FY through 2030/31, at the City's discretion
should the contractor perform in a satisfactory manner. Staff will seek Council approval for
additional spending authority annually and provide an update on the status of the contract
and on the SRR LSM landscape maintenance costs for each FY.
ALTERNATIVES
City Council may direct staff to choose the next most qualified proposer or, direct staff to
prepare new specifications and re -advertise for SRR landscape maintenance services.
However, that would cause a delay in services.
Prepared by: Dianne Hansen, Maintenance & Operations Superintendent
Approved by: Bryan McKinney, Public Works Director/City Engineer
Attachment: 1. Contract with Vintage
333
ATTACHMENT 1
SECTION 1300
CONTRACT
THIS CONTRACT, by and between the CITY OF LA QUINTA, a municipal corporation,
herein referred to as "City," and VINTAGE ASSOCIATES. INC. herein referred to as,
"Contractor."
WITNESSETH•
In consideration of their mutual covenants, the parties hereto agree as follows:
1. Contractor shall furnish all necessary labor, material, equipment, transportation and
services to perform Project No. 2023-31, SilverRock Landscape Maintenance Services and
On -Call Landscape Maintenance Services in the City of La Quinta, California pursuant to the
Request For Qualifications (RFQ), the project Specifications, and Contractor's Proposal, all of
which documents shall be considered a part hereof as though fully set herein.
Should any provisions of Contractor's Proposal be in conflict with the Notice Inviting
Proposals, Specifications, or this Contract, then the provisions of said Contract, Specifications,
and Invitation to Propose shall be controlling in that order of precedence. The time frame for
work shall be in accordance with that specified in the Requests for Qualifications.
2. Contractor will comply with all Federal, State, County, and La Quinta Municipal Code
Regulations, which are, as amended from time to time incorporated herein by reference
3. All work shall be done in a manner satisfactory to the Parks M&O Superintendent.
4. Contractor shall commence work on July 1, 2024, after the issuance of a written Notice
to Proceed.
5. In consideration of said work, City agrees to pay Contractor such sums as shall be
approved by Parks M&O Superintendent at monthly sums and/or unit prices stated in the
Contractor's Proposal, the base consideration ($ 299,776.00). All payments shall be subject to
approval by the Parks M&O Superintendent and shall be in accordance with the terms,
conditions, and procedures provided in the Specifications.
6. The Contractor shall not knowingly pay less than the general prevailing rate for per diem
wages, as determined by the State of California Department of Industrial Relations and referred
to in the Invitation to Propose, to any workman employed for the work to be performed under
this contract; and the Contractor shall forfeit as a penalty to the City the sum of Twenty -Five
Dollars ($25.00) for each calendar day, or fraction thereof, for such workman paid by him or by
any subcontractor under him in violation of this provision (Sections 1770-1777, Labor Code of
California).
Pursuant to Section 1770, et. seq., of the California Labor Code, the successful proposer shall
pay not less than the prevailing rate of per diem wages as determined by the Director of the
California Department of Industrial Relations. These wage rates are available from the California
Department of Industrial Relations' Internet website at http:/lwww.dir.ca.gov.
Pursuant to Section 1725.5 of the California Labor Code, no contractor or subcontractor may be
awarded a contract for public work on a public works project unless registered with the
Department of Industrial Relations at the time the contract is awarded. Contractors and
Contract
1300-1 334
subcontractors may find additional information for registering at the Department of Industrial
Relations website at http:/Iwww.dir.ca.-gov/Public-Works/PublicWorks.html.
Pursuant to Labor Code section 1771.1, no contractor or subcontractor may be listed on a bid
proposal for a public works project submitted on or after March 1, 2015 unless registered with
the Department of Industrial Relations. Furthermore, all proposers and contractors are hereby
notified that no contractor or subcontractor may be awarded, on or after April 1, 2015, a contract
for public work on a public works project unless registered with the Department of Industrial
Relations.
Pursuant to Labor Code section 1771.4, all proposers are hereby notified that this project is
subject to compliance monitoring and enforcement by the Department of Industrial Relations,
7. Concurrently with the execution of this Contract, Contractor shall furnish bonds of a
surety satisfactory to City, as provided in said Specifications or Invitation to Propose, the cost of
which shall be paid by Contractor.
8. Except for the gross negligence or willful misconduct of an Indemnified Party (as
hereinafter defined), the Contractor hereby assumes liability for and agrees to defend (at
Indemnified Parties' option), indemnify, protect and hold harmless City and its Project
Consultants, and Engineers, officers, agents, and employees ("Indemnified Parties") from and
against any and all claims, charges, damages, demands, actions, proceedings, losses, stop
notices, costs, expenses (including counsel fees), judgments, civil fines and penalties, liabilities
of any kind or nature whatsoever, which may be sustained or suffered by or secured against the
Indemnified Parties arising out of or encountered in connection with this Contract or the
performance of the Work including, but not limited to, death of or bodily or personal injury to
persons or damage to property, including property owned by or under the care and custody of
City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by
any negligent or other act or omission of Contractor, its officers, agents, employees or
Subcontractors including, but not limited to, liability arising from:
1. Any dangerous, hazardous, unsafe or defective condition of, in or on the
premises, of any nature whatsoever, which may exist by reason of any act, omission,
neglect, or any use or occupation of the premises by Contractor, its officers, agents,
employees, or subcontractors;
2. Any operation conducted upon or any use or occupation of the premises by
Contractor, its officers, agents, employees, or subcontractors under or pursuant to the
provisions of this contract or otherwise;
3. Any act, omission or negligence of Contractor, its officers, agents, employees, or
Subcontractors;
4. Any failure of Contractor, its officers, agents or employees to comply with any of
the terms or conditions of this Contract or any applicable federal, state, regional, or
municipal law, ordinance, rule or regulation; and
5. The conditions, operations, uses, occupations, acts, omissions or negligence
referred to in Sub -subsections (1), (2), (3), and (4), existing or conducted upon or arising
from the use or occupation by Contractor on any other premises in the care, custody and
control of City.
The Contractor also agrees to indemnify City and pay for all damages or loss suffered by City
including but not limited to damage to or loss of City property, to the extent not insured by City
Contract 1300-2
335
and loss of City revenue from any source, caused by or arising out of the conditions, operations,
uses, occupations, acts, omissions or negligence referred to in Sub -subsections (1), (2), (3), (4)
and (5).
Contractor's obligations under this Section apply regardless of whether or not such claim,
charge, damage, demand, action, proceeding, loss, stop notice, cost expense, judgment, civil
fine or penalty, or liability was caused in part or contributed to by an Indemnified Party.
However, without affecting the rights of City under any provision of this Contract, Contractor
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 Contract 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 Contractor will be for that entire portion or
percentage of liability not attributable to the active negligence of City.
Contractor agrees to obtain executed indemnity agreements with provisions identical to those
set forth here in this section from each and every subcontractor or any other person or entity
involved by, for, with or on behalf of Contractor in the performance of this Contract. In the event
Contractor fails to obtain such indemnity obligations from others as required here, Contractor
agrees to be fully responsible according to the terms of this section.
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 here is binding on the successors, assigns or heirs of Contractor
and shall survive the termination of this Contract or this section.
This indemnity shall survive termination of the Contract or Final Payment hereunder. This
Indemnity is in addition to any other rights or remedies that the Indemnified Parties may have
under the law or under any other Contract Documents or Agreements. In the event of any claim
or demand made against any party which is entitled to be indemnified hereunder, City may, in
its sole discretion, reserve, retain or apply any monies to the Contractor under this Contract for
the purpose of resolving such claims; provided, however, City may release such funds if the
Contractor provides City with reasonable assurance of protection of the Indemnified Parties'
interests. City shall, in its sole discretion, determine whether such assurances are reasonable.
Approval of any insurance contracts by the City does not relieve the Contractor or
subcontractors from liability under Section 1340-1.0, Indemnification of the Specifications. The
City will not be liable for any accident, loss, or damage to the work prior to its completion and
acceptance.
9. Contractor shall hold the County of Riverside, its officers, agents and employees free
and harmless from any liability whatsoever, including wrongful death, based or asserted upon
any act or omission of principal, its officers, agents, employees or sub -contractors relating to or
in any way connected with or arising from the accomplishment of the work, whether or not such
acts or omissions were in furtherance of the work requires by the Contract Documents and
agrees to defend at his expense, including attorney fees, City of La Quinta, County of Riverside,
its officers, agents, employees and Independent Architect in any legal action based on any such
alleged acts or omissions.
10. Except as otherwise required, Contractor shall concurrently with the execution of this
contract, furnish the City satisfactory evidence of insurance of the kinds and in the amounts
provided in said Specifications, Section 1340-2.0, Insurance Re uirements. This insurance shall
be kept in full force and effect by Contractor during this entire contract and all premiums thereon
shall be promptly paid by it. Each policy shall further state that it cannot be canceled without 30
Contract 1300-3
336
days unconditional written notice to the City and shall name the City as an additional insured on
the Commercial General Liability policy only. Contractor shall furnish evidence of having in
effect and shall maintain Workers Compensation Insurance coverage of not less than the
statutory amount or otherwise show a certificate of self-insurance, in accordance with the
Workers Compensation laws of the State of California. Failure to maintain the required amounts
and types of coverage throughout the duration of this Contract shall constitute a material breach
of this Contract.
11. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or
mechanic employed in the execution of this Contract by said Contractor, or any subcontractor
under it, upon any of the work herein mentioned, for each calendar day during which such
laborer, workman, or mechanic is required or permitted to work at other than a rate of pay
provided by law for more than 8 hours in any one calendar day and 40 hours in any one
calendar week, in violation of the provisions of Sections 1810-1815 of the Labor Code of the
State of California.
12. In accepting this Contract, Contractor certifies that in the conduct of its business it does
not deny the right of any individual to seek, obtain and hold employment without discrimination
because of race, religious creed, color, national origin, ancestry, physical handicap, medical
condition, marital status, sex or age as provided in the California Fair Employment Practice Act
(Government Code Sections 12900, et seq.) Contractor agrees that a finding by the State Fair
Employment Practices Commission that Contractor has engaged during the term of this
Contract in any unlawful employment practice shall be deemed a breach of this Contract and
Contractor shall pay to City $1,607.00 liquidated damages for each such breach committed
under this contract.
13. Contractor also agrees that for contracts in excess of $30,000 and more than 20
calendar days duration, that apprentices will be employed without discrimination in an approved
program in a ratio established in the apprenticeship standards of the craft involved (Sections
1777.5 and 1777.6, Labor Code of California). Contractors who willfully fail to comply will be
denied the right to submit proposals for public projects for a period of six months in addition to
other penalties provided by law.
14. This Contract shall not be assignable by Contractor without the written consent of City.
15. In accepting this Contract, Contractor certifies that no member or officer of the firm or
corporation is an officer or employee of the City except to the extent permitted by law.
16. Contractor certifies that it is the holder of any necessary California State Contractor's
License and authorized to undertake the above work.
17. The City, or its authorized auditors or representatives, shall have access to and the right
to audit and reproduce any of the Contractor records to the extent the City deems necessary to
insure it is receiving all money to which it is entitled under the contract and/or is paying only the
amounts to which Contractor is properly entitled under the Contract or for other purposes
relating to the Contract.
18. The Contractor shall maintain and preserve all such records for a period of at least three
years after termination of the contract.
19. The Contractor shall maintain all such records in the City of La Quinta. If not, the
Contractor shall, upon request, promptly deliver the records to the City or reimburse the City for
all reasonable and extra costs incurred in conducting the audit at a location other than at City
Contract 1300-4
337
offices including, but not limited to, such additional (out of the City) expenses for personnel,
salaries, private auditors, travel, lodging, meals and overhead.
20. The further terms, conditions, and covenants of the Contract are set forth in the Contract
Documents, each of which is by this reference made a part hereof.
Contract 1300-5
338
IN WITNESS WHEREOF, the parties have executed this Contract as of the
dates stated below.
Dated:
ATTEST:
Monika Radeva, City Clerk
APPROVED AS TO FORM:
"CITY"
CITY OF LA QUINTA,
a California municipal corporation
By:
Dated:
Dated:
City Attorney
Dated:
Jon McMillen, City Manager
"CONTRACTOR"
(if corporation, affix seal)
By
r' Si tune
Name:I
Address:
Title: CEO
S.- atrb 0-t Ua1 .�bvze5 c2203
Street Address City State Zip Code
E-mail: %C dp A4 e +I;^, 6.C4>_V
Dated:T�.20 By:
Signature
Name:
Address:
Title:
Street Address City State Zip Code
E-mail:
Contract 1300-6
339
SECTION 1240
PARK LANDSCAPE MAINTENANCE SERVICES, PROJECT NO. 2023-30
SUMMATION — PROPOSAL FORM
PARKS AND CIVIC FACILITIES
Park Facility
Unit Price
Annual Price
1
Adams Park
2
Bear Creek Trail
3
North Bear Creek Trail Head
4
Nature Preserve (Ensenada to Tecate)
5
Civic Center Campus: Park
City Hall
Library
Wellness Center
La Fonda Open Area
Tampico
6
Colonel Mitchell Paige Middle School Sports Fields
7
Cove Oasis: Trailhead
8
Entryway (corner of Calle Tecate and Avenida Madero)
9
Parking Lots (at Calle Tecate & Avenida Bermudas)
10
Desert Pride Park
11
Eisenhower Park Mini Park
12
Fred Wolff Nature Preserve
13
Fritz Burns Park and Dog Park
14
La Quinta Park
15
Monticello Park (excluding Retention Basin)
16
Museum
17
Lumber Yard
18
Pioneer Park and Dog Park
19
Saguaro Park
20
Seasons Dog park
21
Sports Complex
22
Velasco Mini Park
23
X-Park
Total Combined Projects
TOTAL BASE PROPOSAL FOR PARKS AND CIVIC FACILITIES:
IN WORDS)
340
SECTION 1240
PARK LANDSCAPE MAINTENANCE SERVICES, PROJECT NO. 2023-30
SUMMATION — PROPOSAL FORM
RETENTION BASINS/OTHER AREAS
Retention Basins/Other Areas
Unit Price
Annual Price
1
Youth Center (YMCA)
(Moon River Dr. and Ave. 50)
2
Perimeter — Moon River east side LS
West side trees
(North of Ave 50)
3
Retention Basin — Adams Park
(44425 Adams Street)
4
Retention Basin — Seasons
(Cloud View Way)
Total Combined Projects:
TOTAL BASE PROPOSAL FOR RETENTION BASINS AND OTHER AREAS:
IN WORDS)
341
SUMMATION — PROPOSAL FORM
PARK LANDSCAPE MAINTENANCE SERVICES, PROJECT NO. 2023-30
COMBINED PARKS AND CIVIC FACILITIES AND RETENTION BASINS
Item No.
Description
Unit
Quantity
Unit Price
Annual Price
1
PARKS AND CIVIC FACILITIES
LS
23
2
RETENTION BASINS/OTHER
AREAS
LS
4
TOTAL
TOTAL COMBINED BASE PROPOSAL ITEMS:
(IN WORDS)
A. Initial Annual Contract Period will be for one year (12 months) from July 1, 2024, until June 30,
2025.
B. The City may elect to exercise an extension to renew this contract for six additional terms with a
ninety (90)-day notice, contingent upon satisfactory work of the Contractor.
C. The City may authorize a maximum increase per fiscal year to the above listed contract amount
based on the Local Consumer Price Index for Riverside, San Bernardino, and Ontario areas.
D. Authorized extra work and services may be requested in an annual amount to be determined at
the City's discretion and approved by City Council for landscape restoration, and/or additional On -Call
Landscape Maintenance services on City property and/or within other maintenance areas for parks,
Facilities and/or Landscape & Lighting Assessment District 89-1.
342
CONSENT CALENDAR ITEM NO. 17
City of La Quinta
CITY COUNCIL MEETING: June 18, 2024
STAFF REPORT
AGENDA TITLE: ALLOCATE FUNDING AND AWARD CONTRACT TO SUPERIOR
ROOFING FOR THE CITY HALL ROOF REPAIR PROJECT NO. 2023-32, LOCATED
AT THE CITY OF LA QUINTA CITY HALL
RECOMMENDATION
Allocate $264,000 in Building Replacement/Repair Fund; award contract to Superior
Roofing for the City Hall Roof Repair Project No. 2023-32, located at the City of La Quinta
City Hall; and authorize the City Manager to execute the contract and approve future
change orders within the project budget amount.
-KtL; U I I V t b U ivi ivimrx r
This project will repair the main section of tiled roof on the east side of City Hall
and the tiled roof above the Council Chamber (Attachment 1). Work will include
removing the existing tile, replacing the roof paper, replacing plywood as needed,
placing back the existing tile, replacing all mortared tile, fixing trim as needed, and
replacing the tie wire system that holds the tiles in place.
Superior Roofing of San Marcos, California, submitted the only responsible and
responsive bid at $464,000.00 for the base bid (Attachment 2).
FISCAL IMPA%, r
The project is a part of the City's ongoing maintenance budget for City building
replacement/repair account no. 501-0000-71103. The current available budget of
$250,000 does not meet the need for repairs. Staff recommends allocating $264,000 in
Building Replacement/Repair Fund funding to meet the lowest responsible and
responsive bid. The following is the anticipated overall project budget:
Total Budget
Design/Professional:
$
10,000
Construction:
$
464,000
Contingency:
$
40,000
Total Budget:
$
514,000
343
BACKGROUND/ANALYSIS
Following several heavy rainstorms over the past year, leaks in the roof on the east side
of the building have become a significant maintenance issue that requires a more
extensive project to repair properly. Without these roof repairs, the leaks are anticipated
to increase, potentially escalating repair costs in the future.
On May 23, 2024, staff solicited construction bids from qualified contractors. The City
received one (1) bid on June 12, 2024. Superior Roofing of San Marcos, California,
submitted the only responsible and responsive bid at $464,000.00. During the bidding
phase it was discovered that there is an existing tie wire system that holds the tiles in
place. The replacement of this system was added to the bid documents, which increased
the amount of labor needed to replace the tiles and ultimately increased the cost.
Contingent upon approval to award the project on June 18, 2024, the following is the
anticipated project schedule.
Council Considers Project Award
Execute Contract and Mobilize
Construction (20 Working Days)
Accept Improvements
ALTERNATIVES
June 18, 2024
June 19, 2024, to June 28, 2024
July 01, 2024, to July 29, 2024
August 2024
Staff does not recommend an alternative.
Prepared by: Ubaldo Ayon, Assistant Construction Manager
Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer
Attachments: 1. Vicinity Map
2. Bid Comparison Summary
344
City Hall Roof Repair
Base Bid: Re -use existing tile, replace roof
paper, and replace damaged plywood.
- M-oc:
4'- V 16
.19
WEN I I AITTAC A
Mul
ry Legend
Roof Repair
lip
r rr
r. M. NA K.
"JI
Fill
IEIIEIwIIE[M
'ROW
L.4
4 qP
Q
0 x
Id
PO
JL
fi
41k.
AM.
771
%.V-a 1. 1
Bid Opening Date: 06/12/2024 City Hall Roof Repair Project ATTACHMENT 2
City Project No. 2023-32
Engineer's Estimate - Base Bid
Item
Item Description
Unit
Quantity
Unit Price
Total Cost
1
Mobilization
LS
1
$ 5,000.00
$ 5,000.00
2
Site Control
LS
1
$ 5,000.00
$ 5,000.00
3
Tile Roof Repair
LS
1
$ 265,000.00
$ 265,000.00
4
lFurnish New Roofing Tiles
EA
1 200
1 $ 7.00
$ 1,400.00
5
Remove and Replace Damaged Sheathing
SF
300
$ 5.00
$ 1,500.00
6
Furnish New Bird Stop Tiles
EA
100
$ 5.00
$ 500.00
Sub -Total Base Bid:
$ 278,400.00
Grand Total Base Bid : $ 278,400.00
Superior Roofing
Unit Price
Total Cost
$
3,000.00
$
3,000.00
$
2,000.00
$
2,000.00
$
455,400.00
$
455,400.00
$
6.00
$
1,200.00
$
6.00
$
1,800.00
$
6.00
$
600.00
$
464,000.00
$ 464,000.00
346
CONSENT CALENDAR ITEM NO. 18
City of La Quinta
CITY COUNCIL MEETING: ,tune 18, 2024
STAFF REPORT
AGENDA TITLE: ADOPT RESOLUTION APPROVING AMENDMENT NO. 2 TO THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA QUINTA AND
THE LA QUINTA CITY EMPLOYEES' ASSOCIATION
RECOMMENDATION
Adopt a Resolution approving Amendment No. 2 to the Memorandum of Understanding
between the City of La Quinta and the La Quinta City Employees' Association.
EXECUTIVE SUMMARY
• The current Memorandum of Understanding (MOU) between the City of La Quinta
(City) and the La Quinta City Employee's Association (Association) provides for a
meet and confer reopener to determine annual World at Work salary plan/schedule
adjustments.
• The City and the Association met and discussed fiscal year (FY) 2024/2025 World
at Work salary plan/schedule adjustments and updates to FY 2024/2025 salary
plan/schedule and Vacation Leave Transfer Policy.
• Amendment No. 2 proposes to approve a 2.8% World at Work salary
plan/schedule adjustment for FY 2024/2025, updated FY 2024/2025 salary
plan/schedule, and Vacation Leave Transfer Policy revisions, as a result of the
reopener.
FISCAL IMPACT
FY 2024/2025 cost to implement the 2.8% World at Work salary plan/schedule adjustment
and FY 2024/2025 salary plan/schedule updates for represented membership would be
approximately $480,000. Funds are available in the Contingency for Staffing account
(101-1007-50115).
BACKGROUND/ANALYSIS
The City and the Association entered into a five-year MOU in August 2022. The current
MOU provides for a meet and confer reopener to discuss and determine annual World at
Work salary plan/schedule adjustments, which are determined by the World at Work
Salary Budget survey report that reflected a 2.8% salary plan/schedule adjustment.
347
Staff met with the Association to discuss the annual World at Work reopener and updates
to the FY 2024/2025 salary plan/schedule and Vacation Leave Transfer policy in the
Personnel Policy, adopted in June 2019. The City and Association have mutually agreed
on the following terms effective July 1, 2024:
• 2.8% World at Work salary plan/schedule adjustment.
• FY 2024/2025 salary plan/schedule updates to reflect eight (8) steps from the
previously approved ten (10) steps for DBM's A through B and ten (10) steps from
the previously approved fourteen (14) steps for DBM's C through F.
• Renaming section 8.2.5 of the Personnel Policy to Leave Transfer Policy and
adding language to provide the ability for employees to donate sick leave in
addition to vacation leave and compensatory time to any regular full-time City
employee who has exhausted all earned leave while out on an approved leave of
absence.
Except as modified by Amendment No. 2, the MOU remains in full force and effect
according to its terms.
ALTERNATIVES
The City and Association have worked in the true spirit of cooperation to serve the needs
of both parties equitably. Approval of Amendment No. 2 will conclude a successful labor
negotiation process. Staff does not recommend any alternatives.
Prepared by: Carla Triplett, Human Resources Manager
Approved by: Jon McMillen, City Manager
348
RESOLUTION NO. 2024 — XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, APPROVING AMENDMENT
NO. 2 TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF LA QUINTA AND THE LA
QUINTA EMPLOYEES' ASSOCIATION
WHEREAS, Council adopted Resolution No. 2022-029 on August 2, 2022,
approving the current five-year Memorandum of Understanding ("MOU") between the City
of La Quinta ("City") and the La Quinta Employees' Association (Association), expiring on
June 30, 2027; and
WHEREAS, Council adopted Resolution No. 2023-021 on June 20, 2023,
approving Amendment No. 1 to the MOU, providing a 2.7% World at Work salary
plan/schedule adjustment effective July 1, 2023, and recognition of Christmas Eve as a
designated paid holiday observed December 22, 2023; and
WHEREAS, the current MOU between the City and the Association provides for
an annual meet and confer reopener to determine annual World at Work salary
plan/schedule adjustments; and
WHEREAS, the City and the Association, the recognized organization
representing its members, have met and conferred over wages, hours, terms, and
conditions of employment pursuant to Government Code 3500, as amended; and
WHEREAS, the City and the Association have negotiated and mutually agreed
upon a 2.8% World at Work salary plan/schedule adjustment and updates to the Fiscal
Year 2024/2025 salary plan/schedule and Vacation Leave Transfer Policy effective July
1, 2024.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
La Quinta, California, as follows:
SECTION 1. The City Council hereby ratifies and approves the implementation of
the economic benefit and right set forth in Amendment No. 2 between the City and
Association, attached and incorporated herewith as Exhibit "A," to the extent the City may
legally ratify and approve the economic benefit and right in Amendment No. 2 within the
terms of the MOU.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City
Council held on this 18t" day of June 2024 by the following vote:
AYES:
NOES:
349
Resolution No. 2024 — XXX
Amendment No. 2 to MOU with La Quinta City Employee Association
Adopted: June 18, 2024
Page 2 of 2
ABSENT:
ABSTAIN:
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
350
Resolution No. 2024—XXX EXHIBIT A
Amendment No. 2 to MOU with La Quinta City Employee Association
Adopted: June 18, 2024
AMENDMENT NO. 2
TO MEMORANDUM OF UNDERSTANDING
This AMENDMENT NO. 2 (AMENDMENT) is made by and between the CITY OF LA
QUINTA (CITY) and the LA QUINTA CITY EMPLOYEES' ASSOCIATION
(ASSOCIATION) as of June 18, 2024.
RECITALS
WHEREAS, City Council adopted Resolution No. 2022-029 on August 2, 2022,
approving the current five-year Memorandum of Understanding (MOU) between the CITY
and the ASSOCIATION covering the period from August 2, 2022, through June 30, 2027,
and
WHEREAS, City Council adopted Resolution No. 2023-021 on June 20, 2023,
approving Amendment No. 1 to the MOU providing a 2.7% World at Work salary
plan/schedule adjustment effective July 1, 2023, and recognition of Christmas Eve as a
designated paid holiday observed December 22, 2023; and
WHEREAS, Section 2.2 of the MOU provides for an annual meet and confer
reopener to determine World at Work salary plan/schedule adjustments; and
WHEREAS, in May 2024, the CITY and ASSOCIATION began labor negotiations
to meet and confer over wages, hours, terms, and conditions of employment, pursuant to
Government Code 3500; and
WHEREAS, the CITY and ASSOCIATION met and considered fiscal year (FY)
2024/2025 salary plan/schedule and World at Work salary structure adjustments and
Vacation Leave Transfer Policy revisions.
NOW, THEREFORE, it is agreed by and among the parties as follows:
1. The foregoing Recitals are true and correct and incorporated in full as part
of this AMENDMENT.
2. The CITY and the ASSOCIATION have negotiated and agreed upon a 2.8%
World at Work salary plan/schedule adjustment effective July 1, 2024, attached hereto as
"Exhibit 1.
3. The reopener referenced in Section 2.2 of the MOU is concluded/closed for
purposes of the FY 2024/2025 salary plan/schedule adjustments.
4. The CITY and the ASSOCIATION have negotiated and agreed upon FY
2024/2025 salary plan/schedule revisions, updating the salary plan/schedule to reflect
eight (8) steps for Decision Band Methods (DBMs) A through B and ten (10) steps for
DBMs C through F.
5. The CITY and the ASSOCIATION have negotiated and mutually agreed
351
upon the revisions below to Personnel Policy Section 8.2.5:
Section 8.2.5. Vacation Leave Transfer Policy
The conditions for participation in the `��aGatien Leave Transfer Policy
(VLTP) are as follows:
a. If a Regular Full-time City Employee has been granted leave under the
Federal Family and Medical Leave Act (FMLA) ofv�, which is for a
period of up to twelve (12) weeks, due to injury or illness of themself or
an immediate family member, and the Employee has exhausted all
earned leave: sick, vacation, administrative, and compensatory time off,
the Employee can request approval to take part in the VLTP, wherein
fellow Employees can donate sick leave, vacation leave, or
compensatory time to enable Employees in these situations to continue
to receive their regular pay. An Employee is eligible to participate in the
VLTP when they have been employed at least 12 months, completed
their Probationary Period, and worked for at least 1,250 hours during the
12-month period immediately preceding the request for VLTP.
b. To participate in the VLTP, a request must be submitted specifically on
the VLTP Request Form to the Department Director and then to the
Employee Relations Officer for approval of donated sick leave, vacation
leave, or compensatory time from fellow Employees. Any appeal or a
denial of a request to participate in the VLTP will be resolved by the City
Manager. The decision of the City Manager shall be final, not grievable
and not subject to further appeal.
c. The Employee Relations Officer shall manage all aspects of the VLTP.
d. If a request for donated sick leave, vacation leave, or compensatory time
is approved by the Employee Relations Officer, a notice will be posted
informing City Employees of the particular Employee in need of donation
assistance through the VLTP.
e. Any Employee wishing to contribute sick leave, vacation leave, or
compensatory time must sign an authorization form specifying the
Employee to which the donation will be made and acknowledging that
the donation is irrevocable.
f. The application rate of an Employee's sick leave, vacation leave, or
compensatory time donation will be on an hour -for -hour basis with no
adjustment for dollar value.
g. All donations will be voluntary and confidential.
h. Except for the notice and memorandum notifying Employees of a
specific Employee's leave transfer need, no City Employee may solicit
352
donations from any other Employee (general discussion of voluntary
donation versus solicitation at Employee Association meetings is
exempted).
No Supervisor shall make workplace decisions based on any
Employee's participation or non -participation in the VLTP.
Finance will set up a trust account for all approved Employee sick leave,
vacation leave or compensatory time donation requests in the
requesting Employee's name, into which each donating Employee's sick
leave, vacation leave, or compensatory time will be noted and used as
needed.
k. Employees on VLTP shall be paid at regularly scheduled City pay
periods from the trust account Finance establishes. The amount of
payment shall be the total monetary amount of sick leave, vacation
leave, or compensatory time donated up to a maximum of 100% of the
Employee's regular pay, less:
1. Any disability benefit offered through the City, Worker's
Compensation Benefit, or other short or long-term disability
payments the Employee is receiving during the pay period;
and
2. Regular taxes.
Group health insurance coverage and other negotiated benefits shall be
provided to all Employees while on the VLTP, as long as the Employee's
total FMLA and VLTP time does not exceed twelve (12) working weeks
or as set forth in the family and medical care leave or pregnancy leave
policies. If the Employee is not on paid status by virtue of continuing to
utilize at least half (50%) of the hours needed per pay period to receive
a full paycheck through the use of their accrued sick leave, vacation,
compensatory time -off, administrative leave allowances, or leave
donated under this Section, the Employee will be required to personally
fund this benefit if the Employee wishes to retain it. If the Employee uses
less than 50% of the hours needed per pay period to receive a full
paycheck through the use of their accruals, the Employee will be
required to personally fund their medical premium payments if the
Employee wishes to retain group health insurance coverage.
m. Attendance and Payroll records of Employees on VLTP shall denote a
"DL," standing for Donated Leave, for time paid to Employees while on
this program.
n. No sick leave, vacation leave, holiday credits, administrative leave,
compensatory time, deferred compensation, CalPERS (PERS), or any
other applicable benefits shall accrue to the receiving Employee for any
hours provided by donating through the VLTP.
353
o. Sick leave, vacation leave, or compensatory time donations shall in no
way affect or modify the receiving Employee's employment status with
the City, nor shall it affect or modify the application of applicable City
policies, rules, and ordinances.
p. Employees on VLTP who remain on an authorized unpaid leave of
absence after FMLA is exhausted may continue to receive assigned
donated vacation leave and compensatory time from other regular city
Employees until the Employee returns to work, is terminated, or meets
the maximum hours under subsection t, below.
q. Availability of sick leave, vacation leave or compensatory time shall in
no way delay or prevent the City from taking action to medically separate
or disability -retire an Employee.
r. Donated but unused sick, vacation, and compensatory time shall
"expire" once the requesting Employee returns to work on a full-time
basis.
s. The recipient Employee must be unable to work in any capacity as a
result of a serious injury or illness to the Employee or their immediate
family member in order to be eligible to receive donations under the
VLTP.
t. The total amount of hours donated to any individual shall not exceed two
hundred forty (240) hours in any calendar year.
u. Only the recipient Employee for whom the VLTP has been established
may receive donated hours from the said plan. Such donated hours will
be added to the Employee's sick leave balance as needed.
v. The plan will be administered so that hours will be used only as needed
and in the order donated.
Except as modified by this Agreement, the MOU remains in full force and effect according
to its terms.
CITY OF LA QUINTA LA QUINTA CITY EMPLOYEES'
ASSOCIATION
IN
Its Mayor
Its President
354
EXHIBIT 1
Qev
2024/2025
Salary Schedule
FULL-TIME EMPLOYEES (ANNUAL)
WORKING TITLE
DBM
STEP 1
STEP 2
STEP 3
STEP 4
STEP 5
STEP 6
STEP 7
STEP 8
All
$ 43.431.96
$ 45.944.81
$ 48.457.66
$ 50.970.51
$ 53.483.36
$ 55.996.21
$ 58,509.06
$ 61.021.91
Administrative Assistant
Al2
$ 47,784.37
$ 50,549.04
$ 53,313.70
$ 56,078.37
$ 58,843.04
$ 61,607.70
$ 64,372.37
$ 67,137.04
Maintenance & Operations Worker
Sr. Maintenance & ODeralions Worker
A13
$ 52.136.78
$ 55.153.26
$ 58.169.75
$ 61.186.23
$ 64.202.72
$ 67.219.20
$ 70.235.69
$ 73.252.17
Administrative Technician
B21
$ 56.502.26
$ 59.771.32
$ 63.040.38
$ 66.309.44
$ 69.578.50
$ 72.847.56
$ 76.116.62
$ 79.385.68
Administrative Technician
Code Compliance Officer
Finance Technician
B22
$ 60,854.67
$ 64,375.55
$ 67,896.42
$ 71,417.30
$ 74,938.18
$ 78,459.06
$ 81,979.93
$ 85,500.81
Human Resources Technician
Permit Technician
Building Inspector
Community Services Specialist
Construction Inspector
Maintenance & Operations Technician
B23
$ 65,207.09
$ 68,979.78
$ 72,752.48
$ 76,525.18
$ 80,297.87
$ 84,070.57
$ 87,843.26
$ 91,615.96
Sr. Code Compliance Officer
Sr. Finance Technician
Sr. Permit Technician
Jr. Accountant
Maintenance & Operations Coordinator
Maintenance & Operations Crew Leader
B24
$ 71,206.90
$ 75,326.72
$ 79,446.55
$ 83,566.38
$ 87,686.21
$ 91,806.03
$ 95,925.86
$ 100,045.69
Marketing &Communications Specialist
Sr. Building Inspector
Sr. Community Services Specialist
Accountant
Executive Specialist
B25
$ 78,589.90
$ 83,136.89
$ 87,683.87
$ 92,230.86
$ 96,777.85
$ 101,324.84
$ 105,871.82
$ 110,418.81
Plans Examiner
Management Specialist
B31
$ 71,206.90
$ 75.326.72
$ 79,446.55
$ 83,566.38
$ 87,686.21
$ 91,806.03
$ 95,925.86
$ 100,045.69
B32
$ 78,589.90
$ 83,136.89
$ 87,683.87
$ 92,230.86
$ 96,777.85
$ 101,324.84
$ 105,871.82
$ 110,418.81
WORKING TITLE
DBM
STEP 1
STEP 2
STEP 3
STEP 4
STEP 5
STEP 6
STEP 7
STEP 8
STEP 9
STEP 10
Associate Planner
Animal Control/Code Compliance Supervisor
Deputy Building Official
C42
$ 84,917.93
$ 89,682.77
$ 94,447.61
$ 99,212.45
$ 103,977.29
$ 108,742.13
$ 113,506.97
$ 118,271.81
$ 123,036.64
$ 127,801.48
Management Analyst
Sr. Accountant
Assistant Construction Manager
Maintenance & Operations Superintendent
C43
$ 89,574.69
$ 94,600.82
$ 99,626.96
$ 104,653.09
$ 109,679.23
$ 114,705.36
$ 119,731.50
$ 124,757.63
$ 129,783.77
$ 134,809.90
Senior Manaqement Analyst
Associate Engineer
Principal Management Analyst
C44
$ 95,406.15
$ 100,759.50
$ 106,112.84
$ 111,466.19
$ 116,819.53
$ 122,172.88
$ 127,526.22
$ 132,879.57
$ 138,232.91
$ 143,586.26
Senior Planner
Building Official
Finance Manager
Hub Manager
D61
$ 108,229.76
$ 114,302.65
$ 120,375.55
$ 126,448.44
$ 132,521.33
$ 138,594.22
$ 144,667.12
$ 150,740.01
$ 156,812.90
$ 162,885.79
Marketing Manager
Planning Manager
Community Services Deputy Director
Human Resources Deputy Director
D63
$ 119,323.32
$ 126,018.69
$ 132,714.05
$ 139,409.41
$ 146,104.78
$ 152,800.14
$ 159,495.51
$ 166,190.87
$ 172,886.23
$ 179,581.60
Maintenance &Operations Deputy Director
Public Safety Deputy Director
City Clerk
Design & Development Director
Director (Business Unit/Housing Development)
E82
$ 143,729.53
$ 151,794.36
$ 159,859.18
$ 167,924.00
$ 175,988.83
$ 184,053.65
$ 192,118.47
$ 200,183.30
$ 208,248.12
$ 216,312.95
Finance Director/City Treasurer
Public Works Director/City Engineer
City Manager
F101*
$ 195,557.92
$ 206,530.89
$ 217,503.86
$ 228,476.84
$ 239,449.81
$ 250,422.78
$ 261,395.75
$ 272,368.73
$ 283,341.70
$ 294,314.67
Elected Official Positions
Monthly
(per La Quinta Municipal Code Section 2.04.050)
Mavor
$ 2,800.00
Council Members
$ 2,300.00
City Council Approval
6/18/2024
Resolution No. 2024 — XXX
Adopted: June 18, 2024
Effective
Date
7/1/2024
355
356
CONSENT CALENDAR ITEM NO. 19
City of La Quinta
CITY COUNCIL MEETING: June 18, 2024
STAFF REPORT
AGENDA TITLE: ADOPT RESOLUTION APPROVING BENEFIT, CLASSIFICATION,
AND SALARY PLAN/SCHEDULE FOR FISCAL YEAR 2024/2025.
mr-UVIVIIVICNUH I IVIV
Adopt a Resolution approving the benefit, classification plan, and salary plan/schedule
for Fiscal Year 2024/2025, effective July 1, 2024.
EXECUTIVE SUMMARY
• The City of La Quinta's (City) benefit, classification plan, and salary/plan schedule
must be approved by the City Council and adopted by resolution in accordance
with the City's Personnel Policy.
• The City of La Quinta Employees' Association (Association) met and conferred on
matters pertaining to the annual reopener to determine fiscal year (FY) 2024/2025
World at Work salary schedule adjustments and updates to the FY 2024/2025
salary plan/schedule and revisions to the Vacation Leave Transfer Policy.
• The Association accepted the 2.8% World at Work salary schedule adjustment
effective July 1, 2024, and revisions to the FY 2024/2025 salary plan/schedule and
Vacation Leave Transfer Policy.
• The Association's acceptance also affects non -represented regular full-time
employees.
FISCAL IMPACT
The FY 2024/2025 cost to implement the 2.8% World at Work salary plan/schedule
adjustment and FY 2024/2025 salary plan/schedule updates is $280,000 for non -
represented. Funds are available in the Contingency for Staffing account (101-1007-
50115).
BACKGROUND/ANALYSIS
Historically, when the City elects to change benefits for Association members, it also
provides non -represented regular full-time employees the same benefits. Staff
357
recommends that the City provide non -represented regular full-time employees with the
same benefits that the City and the Association have agreed upon below.
• FY 2024/2025 2.8% World at Work salary plan/schedule adjustment effective July
1, 2024.
• FY 2024/2025 salary plan/schedule updates to reflect eight (8) steps from the
previously approved ten (10) steps for DBM's A through B and ten (10) steps from
the previously approved fourteen (14) steps for DBM's C through F.
• Renaming section 8.2.5 of the Personnel Policy to Leave Transfer Policy and
adding language to allow employees to donate sick leave in addition to vacation
leave and compensatory time to any regular full-time city employee who has
exhausted all earned leave while out on an approved leave of absence.
To implement the above agreed -upon terms and any salary/plan schedule, classification,
and benefit plan updates, the Council must approve the City's Classification Plan and
Salary Plan/Schedule for non -represented regular full-time employees. Approval of the
Classification Plan and Salary Plan/Schedule will help the City to provide non -represented
regular full-time employees with the same benefits as represented Association members.
AL I LKNA I IVLS
The Council may elect not to provide the same benefit adjustment changes to the
unrepresented regular full-time employees.
Prepared by: Carla Triplett, Human Resources Manager
Approved by: Jon McMillen, City Manager
358
RESOLUTION NO. 2024 — XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, APPROVING THE BENEFIT,
CLASSIFICATION, AND SALARY/PLAN SCHEDULE FOR
FISCAL YEAR 2024/2025
WHEREAS, the benefit, classification plan, and salary plan/schedule of the City of
La Quinta must be approved by the City Council and adopted by resolution in accordance
with the City of La Quinta's ("City") Personnel Policy; and
WHEREAS, the City desires to implement an updated classification plan, 2.8%
World at Work salary/plan schedule adjustment, Fiscal Year (FY) 2024/2025 salary
plan/schedule updates, and Vacation Leave Transfer Policy revisions effective July 1,
2024.
WHEREAS, the City desires to establish a fair and equitable classification plan;
and
WHEREAS, this document will supersede any prior resolutions and amendments
and may be changed only upon approval of the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
La Quinta, California, as follows:
SECTION 1. The City Council hereby approves to implement the City's FY
2024/2025 Classification Plan, attached hereto as Exhibit A and incorporated herewith by
this reference, for all non -represented regular full-time employees.
SECTION 2. The City Council hereby approves to implement the City's FY
2024/2025 Salary Plan/Schedule, attached hereto as Exhibit B and incorporated herewith
by this reference, for all non -represented regular full-time employees.
SECTION 3. The City Council hereby approves the revisions to Personnel Policy
section 8.2.5;
Section 8.2.5. Vacation Leave Transfer Policy
The conditions for participation in the `��aGatien Leave Transfer Policy
(VLTP) are as follows:
a. If a Regular Full-time City Employee has been granted leave under the
Federal Family and Medical Leave Act (FMLA) ofv�, which is for a
period of up to twelve (12) weeks, due to injury or illness of themself or
an immediate family member, and the Employee has exhausted all
earned leave: sick, vacation, administrative, and compensatory time off,
359
Resolution No. 2024 — xxx
FY 2024/2025 Benefit, Classification, and Salary Plan/Schedule
Adopted: June 18, 2024
Page 2 of 5
the Employee can request approval to take part in the VLTP, wherein
fellow Employees can donate sick leave, vacation leave, or
compensatory time to enable Employees in these situations to continue
to receive their regular pay. An Employee is eligible to participate in the
VLTP when they have been employed at least 12 months, completed
their Probationary Period, and worked for at least 1,250 hours during the
12-month period immediately preceding the request for VLTP.
b. To participate in the VLTP, a request must be submitted specifically on
the VLTP Request Form to the Department Director and then to the
Employee Relations Officer for approval of donated sick leave, vacation
leave, or compensatory time from fellow Employees. Any appeal or a
denial of a request to participate in the VLTP will be resolved by the City
Manager. The decision of the City Manager shall be final, not grievable
and not subject to further appeal.
c. The Employee Relations Officer shall manage all aspects of the VLTP.
d. If a request for donated sick leave, vacation leave, or compensatory time
is approved by the Employee Relations Officer, a notice will be posted
informing City Employees of the particular Employee in need of donation
assistance through the VLTP.
e. Any Employee wishing to contribute sick leave, vacation leave, or
compensatory time must sign an authorization form specifying the
Employee to which the donation will be made and acknowledging that
the donation is irrevocable.
f. The application rate of an Employee's sick leave, vacation leave, or
compensatory time donation will be on an hour -for -hour basis with no
adjustment for dollar value.
g. All donations will be voluntary and confidential.
h. Except for the notice and memorandum notifying Employees of a
specific Employee's leave transfer need, no City Employee may solicit
donations from any other Employee (general discussion of voluntary
donation versus solicitation at Employee Association meetings is
exempted).
No Supervisor shall make workplace decisions based on any
Employee's participation or non -participation in the VLTP.
Finance will set up a trust account for all approved Employee sick leave,
vacation leave, or compensatory time donation requests in the
requesting Employee's name, into which each donating Employee's sick
360
Resolution No. 2024 — xxx
FY 2024/2025 Benefit, Classification, and Salary Plan/Schedule
Adopted: June 18, 2024
Page 3 of 5
leave, vacation leave, or compensatory time will be noted and used as
needed.
k. Employees on VLTP shall be paid at regularly scheduled City pay
periods from the trust account Finance establishes. The amount of
payment shall be the total monetary amount of sick leave, vacation
leave or compensatory time donated up to a maximum of 100% of the
Employee's regular pay, less:
1. Any disability benefit offered through the City, Worker's
Compensation Benefit, or other short or long-term disability
payments the Employee is receiving during the pay period;
and
2. Regular taxes.
Group health insurance coverage and other negotiated benefits shall be
provided to all Employees while on the VLTP, as long as the Employee's
total FMLA and VLTP time does not exceed twelve (12) working weeks
or as set forth in the family and medical care leave or pregnancy leave
policies. If the Employee is not on paid status by virtue of continuing to
utilize at least half (50%) of the hours needed per pay period to receive
a full paycheck through the use of their accrued sick leave, vacation,
compensatory time -off, administrative leave allowances, or leave
donated under this Section, the Employee will be required to personally
fund this benefit if the Employee wishes to retain it. If the Employee uses
less than 50% of the hours needed per pay period to receive a full
paycheck through the use of their accruals, the Employee will be
required to personally fund their medical premium payments if the
Employee wishes to retain group health insurance coverage.
m. Attendance and Payroll records of Employees on VLTP shall denote a
"DL," standing for Donated Leave, for time paid to Employees while on
this program.
n. No sick leave, vacation leave, holiday credits, administrative leave,
compensatory time, deferred compensation, CalPERS (PERS), or any
other applicable benefits shall accrue to the receiving Employee for any
hours provided by donating through the VLTP.
o. Sick leave, vacation leave, or compensatory time donations shall in no
way affect or modify the receiving Employee's employment status with
the City, nor shall it affect or modify the application of applicable City
policies, rules, and ordinances.
p. Employees on VLTP who remain on an authorized unpaid leave of
361
Resolution No. 2024 — xxx
FY 2024/2025 Benefit, Classification, and Salary Plan/Schedule
Adopted: June 18, 2024
Page 4 of 5
absence after FMLA is exhausted may continue to receive assigned
donated vacation leave and compensatory time from other regular city
Employees until the Employee returns to work, is terminated, or meets
the maximum hours under subsection t, below.
q. Availability of sick leave, vacation leave., or compensatory time shall in
no way delay or prevent the City from taking action to medically separate
or disability -retire an Employee.
r. Donated but unused sick, vacation, and compensatory time shall
"expire" once the requesting Employee returns to work on a full-time
basis.
s. The recipient Employee must be unable to work in any capacity as a
result of a serious injury or illness to the Employee or their immediate
family member in order to be eligible to receive donations under the
VLTP.
t. The total amount of hours donated to any individual shall not exceed two
hundred forty (240) hours in any calendar year.
u. Only the recipient Employee for whom the VLTP has been established
may receive donated hours from the said plan. Such donated hours will
be added to the Employee's sick leave balance as needed.
v. The plan will be administered so that hours will be used only as needed
and in the order donated.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City
Council held on this 18th day of June 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
LINDA EVANS, Mayor
City of La Quinta, California
362
Resolution No. 2024 — xxx
FY 2024/2025 Benefit, Classification, and Salary Plan/Schedule
Adopted: June 18, 2024
Page 5 of 5
ATTEST:
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
363
CITY OF LA QUINTA
EXHIBIT A
2024/2025 CLASSIFICATION PLAN Resolution No. 2024 - XXX
EFFECTIVE JULY 1, 2024 Adopted: June
18, 2024
CLASSIFICATION SERIES
CLASSIFICATION SPECIFICATION
AUTHORIZED WORKING TITLE lrTING
Administrative
Administrative Assistant
Administrative Assistant
Al2
Administrative Technician
Administrative Technician
B21/B22
Executive Specialist
Executive Specialist
1325/1332
Building
Building Inspector
Building Inspector
B23
Senior Building Inspector
Sr. Building Inspector
B24/B31
Plans Examiner
Plans Examiner
1325/1332
Deputy Building Official
Deputy Building Official
C42
Centralized Services
Permit Technician
Permit Technician
B22
Senior Permit Technician
Sr. Permit Technician
B23
City Clerk
Deputy City Clerk
Deputy City Clerk
1325/1332
Code
Code Compliance Officer
Code Compliance Officer
B22
Senior Code Compliance Officer
Sr. Code Compliance Officer
B23
Animal Control/Code Compliance Supervisor
Animal Control/Code Compliance Supervisor
C42
Community Services
Recreation Leader
Recreation Leader
All
Senior Recreation Leader
Sr. Recreation Leader
Al2
Community Services Specialist
Community Services Specialist
B23
Senior Community Services Specialist
Sr. Community Services Specialist
B24
Data Administration
Data Reporting Specialist
Data Reporting Specialist
1324/1332
Engineering
Construction Inspector
Construction Inspector
B23
Assistant Construction Manager
Assistant Construction Manager
C43
Associate Engineer
Associate Engineer
C44/C51
Finance
Finance Technician
Finance Technician
B22
Senior Finance Technician
Sr. Finance Technician
B23
Junior Accountant
Jr. Accountant
B24
Accountant
Accountant
1325/1332
Senior Accountant
Sr. Accountant
C42
Human Resources
Human Resources Technician
HR Technician
B22
Maintenance & Operations
Maintenance & Operations Worker
Maintenance & Operations Worker
Al2
Senior Maintenance & Operations Worker
Sr. Maintenance & Operations Worker
A13
Maintenance & Operations Technician
Maintenance & Operations Technician
B23
Maintenance & Operations Coordinator
Maintenance & Operations Coordinator
1324/1331
Maintenance & Operations Crew Leader
Maintenance & Operations Crew Leader
B24/B31
Maintenance & Operations Superintendent
Maintenance & Operations Superintendent
C43
Management
Manager
Building Official
D61
Manager
Finance Manager
D61
Manager
Hub Manager
D61
Manager
Marketing Manager
D61
Manager
Planning Manager
D61
Deputy Director
Community Services Deputy Director
D63
Deputy Director
Human Resources Deputy Director
D63
Deputy Director
Public Safety Deputy Director
D63
1 364
CLASSIFICATION SERIES
Management (continued)
CITY OF LA QUINTA
2024/2025 CLASSIFICATION PLAN
EFFECTIVE JULY 1, 2024
CLASSIFICATION SPECIFICATION AUTHORIZED WORKING TITLE
Director
Director
Director
Director
Director
City Manager
Management Administration
Management Specialist
Management Analyst
Senior Management Analyst
Principal Management Analyst
Marketing/Communications
Marketing & Communications Specialist
Planning
Assistant Planner
Associate Planner
Senior Planner
Traffic
Traffic Signal Technician
City Manager salary is determined by City Council contract
City Clerk
Design & Development Director
Director (Business Unit/Housing Development)
Finance Director/Treasurer
Public Works Director/City Engineer
City Manager
Management Specialist
Management Analyst
Senior Management Analyst
Principal Management Analyst
Marketing & Communications Specialist
Assistant Planner
Associate Planner
Sr. Planner
Traffic Signal Technician
RATING
E82
E82
E82
E82
E82
F101*
B25
C42
C43
C44/C51
B24/B31
B25
C42
C44/C51
B22
2 365
EXHIBIT B
Qev
2024/2025
Salary Schedule
FULL-TIME EMPLOYEES (ANNUAL)
WORKING TITLE
DBM
STEP 1
STEP 2
STEP 3
STEP 4
STEP 5
STEP 6
STEP 7
STEP 8
All
$ 43.431.96
$ 45.944.81
$ 48.457.66
$ 50.970.51
$ 53.483.36
$ 55.996.21
$ 58,509.06
$ 61.021.91
Administrative Assistant
Al2
$ 47,784.37
$ 50,549.04
$ 53,313.70
$ 56,078.37
$ 58,843.04
$ 61,607.70
$ 64,372.37
$ 67,137.04
Maintenance & Operations Worker
Sr. Maintenance & ODeralions Worker
A13
$ 52.136.78
$ 55.153.26
$ 58.169.75
$ 61.186.23
$ 64.202.72
$ 67.219.20
$ 70.235.69
$ 73.252.17
Administrative Technician
B21
$ 56.502.26
$ 59.771.32
$ 63.040.38
$ 66.309.44
$ 69.578.50
$ 72.847.56
$ 76.116.62
$ 79.385.68
Administrative Technician
Code Compliance Officer
Finance Technician
B22
$ 60,854.67
$ 64,375.55
$ 67,896.42
$ 71,417.30
$ 74,938.18
$ 78,459.06
$ 81,979.93
$ 85,500.81
Human Resources Technician
Permit Technician
Building Inspector
Community Services Specialist
Construction Inspector
Maintenance & Operations Technician
B23
$ 65,207.09
$ 68,979.78
$ 72,752.48
$ 76,525.18
$ 80,297.87
$ 84,070.57
$ 87,843.26
$ 91,615.96
Sr. Code Compliance Officer
Sr. Finance Technician
Sr. Permit Technician
Jr. Accountant
Maintenance & Operations Coordinator
Maintenance & Operations Crew Leader
B24
$ 71,206.90
$ 75,326.72
$ 79,446.55
$ 83,566.38
$ 87,686.21
$ 91,806.03
$ 95,925.86
$ 100,045.69
Marketing & Communications Specialist
Sr. Building Inspector
Sr. Community Services Specialist
Accountant
Executive Specialist
B25
$ 78,589.90
$ 83,136.89
$ 87,683.87
$ 92,230.86
$ 96,777.85
$ 101,324.84
$ 105,871.82
$ 110,418.81
Plans Examiner
Management Specialist
B31
$ 71,206.90
$ 75.326.72
$ 79,446.55
$ 83,566.38
$ 87,686.21
$ 91,806.03
$ 95,925.86
$ 100,045.69
B32
$ 78,589.90
$ 83,136.89
$ 87,683.87
$ 92,230.86
$ 96,777.85
$ 101,324.84
$ 105,871.82
$ 110,418.81
WORKING TITLE
DBM
STEP 1
STEP 2
STEP 3
STEP 4
STEP 5
STEP 6
STEP 7
STEP 8
STEP 9
STEP 10
Associate Planner
Animal Control/Code Compliance Supervisor
Deputy Building Official
C42
$ 84,917.93
$ 89,682.77
$ 94,447.61
$ 99,212.45
$ 103,977.29
$ 108,742.13
$ 113,506.97
$ 118,271.81
$ 123,036.64
$ 127,801.48
Management Analyst
Sr. Accountant
Assistant Construction Manager
Maintenance & Operations Superintendent
C43
$ 89,574.69
$ 94,600.82
$ 99,626.96
$ 104,653.09
$ 109,679.23
$ 114,705.36
$ 119,731.50
$ 124,757.63
$ 129,783.77
$ 134,809.90
Senior Manaqement Analyst
Associate Engineer
Principal Management Analyst
C44
$ 95,406.15
$ 100,759.50
$ 106,112.84
$ 111,466.19
$ 116,819.53
$ 122,172.88
$ 127,526.22
$ 132,879.57
$ 138,232.91
$ 143,586.26
Senior Planner
Building Official
Finance Manager
Hub Manager
D61
$ 108,229.76
$ 114,302.65
$ 120,375.55
$ 126,448.44
$ 132,521.33
$ 138,594.22
$ 144,667.12
$ 150,740.01
$ 156,812.90
$ 162,885.79
Marketing Manager
Planning Manager
Community Services Deputy Director
Human Resources Deputy Director
D63
$ 119,323.32
$ 126,018.69
$ 132,714.05
$ 139,409.41
$ 146,104.78
$ 152,800.14
$ 159,495.51
$ 166,190.87
$ 172,886.23
$ 179,581.60
Maintenance &Operations Deputy Director
Public Safety Deputy Director
City Clerk
Design & Development Director
Director (Business Unit/Housing Development)
E82
$ 143,729.53
$ 151,794.36
$ 159,859.18
$ 167,924.00
$ 175,988.83
$ 184,053.65
$ 192,118.47
$ 200,183.30
$ 208,248.12
$ 216,312.95
Finance Director/City Treasurer
Public Works Director/City Engineer
City Manager
F101*
$ 195,557.92
$ 206,530.89
$ 217,503.86
$ 228,476.84
$ 239,449.81
$ 250,422.78
$ 261,395.75
$ 272,368.73
$ 283,341.70
$ 294,314.67
Elected Official Positions
Monthly
(per La Quinta Municipal Code Section 2.04.050)
Mavor
$ 2,800.00
Council Members
$ 2,300.00
City Council Approval
6/18/2024
Resolution No. 2024 — XXX
Adopted: June 18, 2024
Effective
Date
7/1/2024
366
CONSENT CALENDAR ITEM NO. 20
City of La Quinta
CITY COUNCIL MEETING: June 18, 2024
STAFF REPORT
AGENDA TITLIF ADOPT RESOLUTION APPROVING THE CITY'S PROJECT LIST FOR
FISCAL YEAR 2024/25 FOR SENATE BILL 1 - ROAD REPAIR AND ACCOUNTABILITY
ACT 2017 FUNDING
RECOMMENDATION
Adopt a resolution approving the City's project list for fiscal year 2024/25 to receive
estimated funds from Senate Bill 1, Road Repair and Accountability Act of 2017; and
supersede existing resolution 2024-015.
EXECUTIVE SUMMARY
• On April 2, 2024, Council provided direction on Senate Bill 1 (SB-1) funding through
the Capital Improvement Program (CIP) study session discussion.
• To receive the SB-1 funds, the City must comply with the following requirements:
o Demonstrate an annual Maintenance of Effort (MOE) expenditure from the
City's General Fund in the amount of $1,786,109; and
o Submit a Council resolution which lists the projects to be funded in the
following fiscal year with SB-1 funds, including a project description, location,
schedule of completion, and estimated useful life of the improvements.
• On April 16, 2024, Council adopted Resolution No. 2024-015 approving the City's
project list for fiscal year (FY) 2024/25 to receive estimated funds from SB-1, Road
Repair and Accountability Act of 2017.
• The City's estimated funds apportionment for FY 2024/25 was revised by the state
in late May from $950,000 to $983,639, and Staff has revised the project list for FY
2024/25 to the $983,639 estimate.
FISCAL IMPACT
The following table lists the total amount to be expended per FY based on the currently
identified SB-1 funded CIP projects:
2024/25
2025/26
2026/27
2027/28
2028/29
TOTAL
$983,639
$950,000
$1,000,000
$994,367
$998,053
$4,926,059
367
BACKGROUND/ANALYSIS
SB-1 created new permanent funding for road maintenance and rehabilitation projects.
Each city and county must submit a project list to the California Transportation Commission
by July 1, 2024, to be eligible for SB-1 funding for the following FY.
On April 16, 2024, Council adopted Resolution No. 2024-015 approving the City's SB-1
project list for FY 2024/25. In late May the City's estimated funds apportionment for FY
2024/25 was revised by the state from $950,000 to $983,639, and Staff has revised the
project list for FY 2024/25 to the $983,639 estimate by increasing the proposed SB-1
funding for the Highway 111 Resurfacing Project, for the portion within the City's limits, from
$950,000 to $983,639.
The revised draft FY 2024/25 through 2028/29 CIP proposes to use SB-1 funding for the
following transportation improvements:
Project
2024/25
2025/26
2026/27
2027/28
2028/29
Total
Description
Highway 111
Resurfacing
Project (City
$983,639
$983,639
limits)
Cove Area Slurry
Seal
Improvements
$950,000
$950,000
Phase 2
Citywide Arterial
Slurry Seal
$1,000,000
$1,000,000
Improvements
Washington
Street Pavement
Rehabilitation
Project
$994,367
$998,053
$1,992,420
(Sagebrush Lane
to Fred Waring
Drive
TOTAL:
$983,639
$950,000
$1,000,000
$994,367
$998,053
$4,926,059
ALTERNATIVES
Council may elect not to approve the revised SB-1 Resolution and decline SB-1 funds.
Prepared by: Carley Escarrega, Administrative Technician
Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer
368
RESOLUTION NO. 2024 — XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, ADOPTING A LIST OF
PROJECTS FOR FISCAL YEAR 2024/25 FUNDED BY SB 1:
THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017
(Chapter 5, Statutes of 2017) was passed by the California legislature and signed into
law by the Governor in April 2017 to address the significant multi -modal transportation
funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will
ensure the residents of the City of La Quinta (City) are aware of the projects proposed for
funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City must adopt by resolution a list of projects proposed to receive
fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA),
created by SB 1, which must include a description and the location of each proposed
project, a proposed schedule for the project's completion, and the estimated useful life of
the improvement; and
WHEREAS, the City, will receive an estimated $983,639 in RMRA funding in Fiscal
Year 2024-25 from SB 1; and
WHEREAS, this is the seventh year in which the City is receiving SB 1 funding
and will enable the City to continue essential road maintenance and rehabilitation
projects, safety improvements, repairing and replacing aging bridges, and increasing
access and mobility options for the traveling public that would not have otherwise been
possible without SB 1; and
WHEREAS, the City has undergone a robust public process to ensure public input
into our community's transportation priorities/the project list through three (3) public
meeting opportunities; and
WHEREAS, the City used a Pavement Management System to develop the SB 1
project list to ensure revenues are being used on the most high -priority and cost-effective
projects that also meet the community's priorities for transportation investment; and
WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate one
street/road project in the City this year and other similar projects into the future; and
WHEREAS, the City's current Pavement Management Plan found that the City's
streets and roads are in a "very good" condition and are currently ranked with an overall
80 Pavement Condition Index (PCI). This revenue will assist the City in maintaining the
very good roadway system condition over the next decade and beyond; and
369
Resolution No. 2024 - XXX
The Road Repair and Accountability Act of 2017 — Fiscal Year 2024-25 (SB-1)
Adopted: June 18, 2024
Page 2 of 3
WHEREAS, the SB 1 project list and overall investment in our local streets and
roads infrastructure with a focus on basic maintenance and safety, investing in complete
streets infrastructure, and using cutting -edge technology, materials and practices, will
have significant positive co -benefits statewide; and
WHEREAS, on June 18, 2024, by a majority vote of the City Council of the City of
La Quinta, California, the following project was selected:
Protect Name Fiscal Year Amount
1. Highway 111 Resurfacing 2024/25 $983,639
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
La Quinta, California, as follows:
SECTION 1. The foregoing recitals are true and correct.
SECTION 2. The following list of proposed projects will be funded in -part or solely
with fiscal year 2024/25 Road Maintenance and Rehabilitation Account revenues:
Project Name Fiscal Year Amount
1. Highway 111 Resurfacing 2024/25 $983,639
Title: Highway 111 Resurfacing (City Limits)
Description: The proposed improvements on Highway 111 include resurfacing of
Highway 111 within the city limits and construction of ADA curb ramp improvements.
Estimated Useful Life: 20 Years.
Estimated Completion Date: December 31, 2024
SECTION 3. This resolution shall go into effect upon adoption and shall supersede
Resolution No. 2024-015 adopted on April 16, 2024.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City
Council held on this 18th day of June 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
370
Resolution No. 2024 - XXX
The Road Repair and Accountability Act of 2017 — Fiscal Year 2024-25 (SB-1)
Adopted: June 18, 2024
Page 3 of 3
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
371
372
CONSENT CALENDAR ITEM NO. 21
City of La Quinta
CITY COUNCIL MEETING: June 18, 2024
STAFF REPORT
AGENDA TITLE: APPROVE DEMAND REGISTERS DATED MAY 31, AND JUNE 7,
2024
RECOMMENDATION
Approve demand registers dated May 31, and June 7, 2024.
EXECUTIVE SUMMARY — None
FISCAL IMPACT
Demand of Cash:
City
Successor Agency of RDA
Housing Authority
BACKGROUND/ANALYSIS
$ 2,757,956.35
$ 900.00
$ 263,464.78
$ 3,022,321.13
Routine bills and payroll must be paid between Council meetings. Attachment 1 details
the weekly demand registers for May 31, and June 7, 2024.
Warrants Issued:
213991-214036
$
2,034,898.57
EFT #148
$
194.66
EFT #149
$
2,424.00
214038-214083
$
280,176.39
Wire Transfers
$
418,868.87
Payroll Direct Deposit
$
234,940.38
Payroll Tax Transfers
$
50,818.26
$
3,022,321.13
*Check number 214037, payable to Southern California Gas Company, w ill be
reported on the Southern California Gas Company Demand
Register Report dated
06/18/2024.
373
Vendor Account Name Amount Purpose
Riverside County Sheriff
Department
Flock Safety
Coachella Valley Association
Governments(')
PWLC II, Inc.O
Martha's Village Kitchen
Coachella Valley Rescue Mission
(1)Payments were made 05/31/24 &
06/07/24
Various $1,161,741.77 March Police Services
Public Safety Camera $172,500.00 Safety Cameras Software
System Maintenance Licenses
Various $118,063.78 Homelessness Assistance &
Arts and Music Line Share
Payment
Maintenance/Services $114,830.00 Tree Removal & Plant
Replacement Services
Homelessness $100,000.00 Homelessness Assistance
Assistance
Homelessness $100,000.00 Homelessness Assistance
Assistance
Wire Transfers: Nine transfers totaled $418,869. Of this amount, $208,846 was for
Landmark and $191,258 was to CalPERS (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.
Transaction
Issuer
Type
Par Value
Settle
Coupon
YTM
Date
Rate
Maturity
Live Oak Banking
CD
$ 248,000.00
5/28/2024
1.800%
1.800%
Purchase
Valley National Bank
CD
$ 244,000.00
5/29/2024
4.950%
4.950%
Maturity
Century Next Bank
CD
$ 248,000.00
5/29/2024
2.500%
2.500%
Purchase
CFS Bank
CD
$ 244,000.00
5/30/2024
4.700%
4.700%
Maturity
United States Treasury
T-Bill
$ 2,000,000.00
5/30/2024
0.000%
5.330%
Purchase
Washington Financial
CD
$ 244,000.00
5/31/2024
4.500%
4.500%
Maturity
United States Treasury
Treasury Note
$ 1,000,000.00
5/31/2024
2.000%
2.736%
Purchase
United States Treasury
Treasury Note
$ 2,000,000.00
5/31/2024
4.500%
4.540%
Purchase
United States Treasury
Treasury Note
$ 1,000,000.00
5/31/2024
4.125%
4.670%
Purchase
Bank of America, NA
CD
$ 243,000.00
6/6/2024
5.200%
5.200%
Purchase
Enterprise Bank
CD
$ 248,000.00
6/7/2024
4.600%
4.600%
Purchase
Oregon Community Credit Union
CD
$ 248,000.00
6/7/2024
4.850%
4.850%
Maturity
Plains Community Bank
CD
$ 245,000.00
6/7/2024
2.550%
2.550%
Prepared by: Jesse Batres, Finance Technician
Approved by:
Rosemary Hallick, Principal Management Analyst
Attachments: 1. Demand Registers
2. Wire Transfers
374
ATTACHMENT 1
Demand Register
City of La Quinta Packet: APPKT03819 - 05/31/2024 JB
Vendor Name Name
Payment Number
Description (Item)
Account Name
Account Number
Amount
Fund: 101-GENERAL FUND
PALMS TO PINES PRINTING
214024
BALL CAPS
Promotional Items
101-3007-60134
133.79
PALMS TO PINES PRINTING
214024
BALL CAPS
Uniforms
101-6003-60690
133.79
PALMS TO PINES PRINTING
214024
DRAWSTRING BAGS
Promotional Items
101-3007-60134
1,277.46
RODRIGUEZ, OLIVIA
148
FY 23/24 ANNUAL WELLNESS DOLLARS ...
Annual Wellness Dollar Reim...
101-1004-50252
194.66
FLORES, TANIA
214006
SPRING 2024 TUITION REIMB T.FLORES
Training & Education/MOU
101-1004-60322
3,500.00
PALMS TO PINES PRINTING
214024
STAFF NAME BADGES
Promotional Items
101-3007-60134
210.38
VIRAMONTES, ADAM R
214036
FY 23/24 ANNUAL WELLNESS DOLLARS A..
Annual Wellness Dollar Reim...
101-1004-50252
200.00
COACHELLA VALLEY RESCUE...
214000
FY 23/24 HOMELESS PREVENTION & ASS...
Homelessness Assistance
101-3001-60532
16,667.00
SOUTHWEST AQUATICS INC
214031
05/2024 - LAKE MAINTENANCE SERVICES
Civic Center Lake Maintenan...
101-3005-60117
1,350.00
SOUTHWEST AQUATICS INC
214031
05/2024 - LAKE MAINTENANCE SERVICES
SilverRock Lake Maintenance
101-3005-60189
1,350.00
ABTS POLO VILLAS LLC
213991
PM 10 DEPOSIT REFUND TM 33085
Developer Deposits
101-0000-22810
8,800.00
TOWER ENERGY GROUP
214035
PM 10 DEPOSIT REFUND VUP2012-045
Developer Deposits
101-0000-22810
964.00
DELGADO AGUILERA, JOSE A
214003
FY 23/24 ANNUAL WELLNESS DOLLARS ...
Annual Wellness Dollar Reim...
101-1004-50252
41.05
MARTHA'S VILLAGE KITCHEN
214016
FY 23/24 HOMELESS PREVENTION & ASS...
Homelessness Assistance
101-3001-60532
16,666.00
COACHELLA VALLEY ASSOC 0...
213999
FY 23/24 HOMELESS PREVENTION & ASS...
Homelessness Assistance
101-3001-60532
16,667.00
AYON, UBALDO
213994
FY 23/24 ANNUAL WELLNESS DOLLARS ...
Annual Wellness Dollar Reim...
101-1004-50252
200.00
AVIDON, YEV
213993
TOT OVERPAYMENT REFUND STVR 1001...
TBID Due to VGPS
101-0000-20303
15.21
AVIDON, YEV
213993
TOT OVERPAYMENT REFUND STVR 1001...
TOT - Short Term Vac. Rentals
101-0000-41401
152.12
CLAYTON JR., DUANE
213998
ICC BUILDING INSPECTION CERTIFICATE ...
Travel & Training
101-6003-60320
140.00
FROSTY'S AIR CONDITIONING...
214007
LQ PARK ICE MACHINE REPAIRS
Maintenance/Services
101-3008-60691
895.00
JOE A GONSALVES & SON
214013
06/2024 LOBBYIST SERVICES
Contract Services - Administr...
101-1002-60101
3,500.00
HR GREEN PACIFIC INC
214009
04/2024 ONCALL PLAN CHECK SVCS ENG..
Map/Plan Checking
101-7002-60183
6,756.50
NAI CONSULTING INC
214020
04/2024 CAPITAL IMPROVEMENT PLAN
Consultants
101-7006-60104
700.00
MADDEN MEDIA
214015
05/2024 - MEDIA SERVICES
Marketing & Tourism Promot..
101-3007-60461
46,501.66
INTL. BOARD OF CREDENTIAL...
214012
CITYWIDE AUTISM TRAINING
Travel & Training
101-1004-60320
4,087.00
BIO-TOX LABORATORIES
213996
BLOOD ALCOHOL ANALYSIS
Blood/Alcohol Testing
101-2001-60174
585.90
BIO-TOX LABORATORIES
213996
BLOOD ALCOHOL ANALYSIS
Blood/Alcohol Testing
101-2001-60174
606.00
MISSION LINEN SUPPLY
214018
LOGO SHIRTS
Operating Supplies
101-6001-60420
278.60
MISSION LINEN SUPPLY
214018
LOGO SHIRTS
Operating Supplies
101-6006-60420
184.29
MISSION LINEN SUPPLY
214018
LOGO SHIRTS
Operating Supplies
101-6006-60420
395.47
MISSION LINEN SUPPLY
214018
LOGO SHIRTS
Operating Supplies
101-6001-60420
89.66
MISSION LINEN SUPPLY
214018
LOGO SHIRTS
Operating Supplies
101-6006-60420
179.32
AMERICAN FORENSIC NURSE...
213992
BLOOD ALCOHOL ANALYSIS
Blood/Alcohol Testing
101-2001-60174
948.00
MERCHANTS BUILDING MAI...
214017
WC CARPET CLEANING
Janitorial
101-3008-60115
350.00
T MOBILE USA INC
214033
4/27-4/30/24 POLICE GPS LOCATE
Special Enforcement Funds
101-2001-60175
115.00
T MOBILE USA INC
214033
04/27-05/03/24 POLICE GPS LOCATE
Special Enforcement Funds
101-2001-60175
115.00
T MOBILE USA INC
214033
4/02-5/31/24 - POLICE GPS LOCATE & T...
Special Enforcement Funds
101-2001-60175
165.00
PWLC II, INC
214026
05/2024 - L&L MONTHLY MAINTENANCE
Landscape Contract
101-2002-60112
1,616.00
BARBARA SINATRA CHILDREN..
213995
04/12/24 PHYSICAL EXAM LA240780020
Sexual Assault Exam Fees
101-2001-60193
231.00
IMPERIAL IRRIGATION DIST
214010
ELECTRICITY SERVICES
Electricity - Utilities
101-2002-61101
315.60
IMPERIAL IRRIGATION DIST
214010
ELECTRICITY SERVICES
Electric - Civic Center Park - U..
101-3005-61103
1,941.37
IMPERIAL IRRIGATION DIST
214010
ELECTRICITY SERVICES
Electric - Fritz Burns Park - Uti..
101-3005-61105
145.63
IMPERIAL IRRIGATION DIST
214010
ELECTRICITY SERVICES
Electricity - Utilities
101-3008-61101
18,844.82
COACHELLA VALLEY WATER D..
214001
WATER SERVICE
Water - Civic Center Park - Uti-
101-3005-61202
2,783.34
FIRST CHOICE A/C & HEATING..
214004
FS #32 HVAC MAINTENANCE
Maintenance/Services
101-2002-60691
977.50
RIVERSIDE COUNTY FLOOD ...
214027
FY 23/24 WHITEWATER NPDES COST SH...
Professional Services
101-7002-60103
43,864.68
FIRST CHOICE A/C & HEATING..
214004
CH HVAC REPLACEMENT CIRCUIT BOARD
HVAC
101-3008-60667
1,284.00
PACIFIC WEST AIR CONDITIO...
214023
5/1/24 CH WATER TREATMENT
HVAC
101-3008-60667
125.00
T & G GLOBAL, LLC
214032
CITY CHRISTMAS TREE PURCHASE
Community Experiences
101-3003-60149
54,373.91
FLOCK SAFETY
214005
7/1/24-5/19/25 AUTOMATED LICENSE R...
Prepaid Expense
101-0000-13600
152,178.20
FLOCK SAFETY
214005
5/20-06/30/24 AUTOMATED LICENSE R...
Public Safety Camera System...
101-2001-60692
20,321.80
OCEAN SPRINGS TECH INC
214021
FB POOL CONTROLLERS REPLACEMENT
Fritz Burns Pool Maintenance
101-3005-60184
7,600.77
COUNTY OF RIVERSIDE PUBIL
214002
04/2024 - RADIO MAINTENANCE
Operating Supplies
101-2001-60420
273.66
6/10/2024 2:55:38 PM
Page 1 of 6
375
Demand Register
Packet: APPKT03819 - 05/31/2024 JB
Vendor Name
Payment Number
Description (Item)
Account Name
Account Number
Amount
IMPERIAL IRRIGATION DIST
214010
ELECTRICITY SERVICE
Electricity - Charging Stations
101-3008-61102
2,788.52
COACHELLA VALLEY WATER D..
214001
WATER SERVICE
Water - Utilities
101-2002-61200
201.87
COACHELLA VALLEY WATER D..
214001
WATER SERVICE
Water -Eisenhower Park - Util..
101-3005-61203
84.39
COACHELLA VALLEY WATER D..
214001
WATER SERVICE
Water -Velasco Park - Utilities
101-3005-61205
64.71
HARRISON, NICOLE L
214008
GARAGE SALE PERMIT REFUND GS2024-...
Garage Sale Permits
101-0000-42405
10.00
ROADPOST USA INC.
214029
05/23-06/22/24 - EOC SATELLITE PHON...
Mobile/Cell Phones/Satellites
101-2002-61304
200.85
RIVERSIDE COUNTY SHERIFF ...
214028
03/07-04/03/24 - BP #10 POLICE SERVIC...
Sheriff Patrol
101-2001-60161
628,087.68
RIVERSIDE COUNTY SHERIFF ...
214028
03/07-04/03/24 - BP #10 POLICE SERVIC...
Police Overtime
101-2001-60162
33,386.34
RIVERSIDE COUNTY SHERIFF ...
214028
03/07-04/03/24 - BP #10 POLICE SERVIC...
Target Team
101-2001-60163
153,548.69
RIVERSIDE COUNTY SHERIFF ...
214028
03/07-04/03/24 - BP #10 POLICE SERVIC...
Community Services Officer
101-2001-60164
59,577.93
RIVERSIDE COUNTY SHERIFF ...
214028
03/07-04/03/24 - BP #10 POLICE SERVIC...
Gang Task Force
101-2001-60166
17,150.40
RIVERSIDE COUNTY SHERIFF ...
214028
03/07-04/03/24 - BP #10 POLICE SERVIC...
Narcotics Task Force
101-2001-60167
17,150.40
RIVERSIDE COUNTY SHERIFF ...
214028
03/07-04/03/24 - BP #10 POLICE SERVIC...
Motor Officer
101-2001-60169
132,406.63
RIVERSIDE COUNTY SHERIFF ...
214028
03/07-04/03/24 - BP #10 POLICE SERVIC...
Dedicated Sargeants
101-2001-60170
42,417.00
RIVERSIDE COUNTY SHERIFF ...
214028
03/07-04/03/24 - BP #10 POLICE SERVIC...
Dedicated Lieutenant
101-2001-60171
25,496.00
RIVERSIDE COUNTY SHERIFF ...
214028
03/07-04/03/24 - BP #10 POLICE SERVIC...
Sheriff - Mileage
101-2001-60172
35,755.50
RIVERSIDE COUNTY SHERIFF ...
214028
03/07-04/03/24 - BP #10 POLICE SERVIC...
Special Enforcement Funds
101-2001-60175
7,419.57
RIVERSIDE COUNTY SHERIFF ...
214028
03/25-04/24/24 - MOTOR FUEL CHARGES
Sheriff - Other
101-2001-60176
903.86
TERRA NOVA PLANNING & R...
214034
03/1-4/30/24 - ONCALL PLANNING SERV...
Professional Services
101-6002-60103
7,309.20
Fund 101- GENERAL FUND Total:
1,605,951.68
Fund: 201 - GAS TAX FUND
NAI CONSULTING INC
214020
04/2024 HURRICANE HILARY EMERGEN...
Road Improvements
201-7003-72111
525.00
MISSION LINEN SUPPLY
214018
UNIFORMS
Uniforms
201-7003-60690
258.60
IMPERIAL IRRIGATION DIST
214010
ELECTRICITY SERVICE
Electricity - Utilities
201-7003-61101
871.63
Fund 201- GAS TAX FUND Total:
1,655.23
Fund: 202 - LIBRARY & MUSEUM FUND
IMPERIAL IRRIGATION DIST
214010
ELECTRICITY SERVICES
Electricity - Utilities
202-3004-61101
4,849.67
PACIFIC WEST AIR CONDITIO...
214023
5/1/24 LIBRARY WATER TREATMENT
HVAC
202-3004-60667
125.00
Fund 202 - LIBRARY & MUSEUM FUND Total:
4,974.67
Fund: 212 - SLESA (COPS) FUND
RIVERSIDE COUNTY SHERIFF ...
214028
03/07-04/03/24 - BP #10 POLICE SERVIC...
COPS Burglary/Theft Prevent...
212-0000-60179
8,441.77
Fund 212
- SLESA (COPS) FUND Total:
8,441.77
Fund: 215 - LIGHTING & LANDSCAPING FUND
ROTO-LITE, INC
214030
PALM TREE LIGHT CHANGING COLOR SE...
Maintenance/Services
215-7004-60691
300.00
MISSION LINEN SUPPLY
214018
UNIFORMS
Uniforms
215-7004-60690
52.07
MISSION LINEN SUPPLY
214018
UNIFORMS
Uniforms
215-7004-60690
258.61
MACIAS NURSERY, INC.
214014
TREES
Materials/Supplies
215-7004-60431
11,978.81
MACIAS NURSERY, INC.
214014
PLANTS
Materials/Supplies
215-7004-60431
2,508.05
MACIAS NURSERY, INC.
214014
TREES
Materials/Supplies
215-7004-60431
1,522.50
PWLC II, INC
214026
05/2024 - L&L MONTHLY MAINTENANCE
Landscape Contract
215-7004-60112
62,674.00
PWLC II, INC
214026
4/29-4/30/24 PLANT REPLACEMENT AVE..
Maintenance/Services
215-7004-60691
11,840.00
IMPERIAL IRRIGATION DIST
214010
ELECTRICITY SERVICE
Electric - Utilities
215-7004-61116
1,802.04
IMPERIAL IRRIGATION DIST
214010
ELECTRICITY SERVICE
Electric - Medians - Utilities
215-7004-61117
600.34
COACHELLA VALLEY WATER D..
214001
WATER SERVICE
Water - Medians - Utilities
215-7004-61211
4,650.02
Fund 215 - LIGHTING & LANDSCAPING FUND Total:
98,186.44
Fund: 243 - RDA LOW -MOD HOUSING FUND
COACHELLA VALLEY RESCUE...
214000
FY 23/24 HOMELESS PREVENTION & ASS...
Homelessness Assistance
243-0000-60532
83,333.00
COACHELLA VALLEY ASSOC 0...
213999
FY 23/24 HOMELESS PREVENTION & ASS...
Homelessness Assistance
243-0000-60532
83,333.00
MARTHA'S VILLAGE KITCHEN
214016
FY 23/24 HOMELESS PREVENTION & ASS...
Homelessness Assistance
243-0000-60532
83,334.00
Fund 243 - RDA LOW -MOD HOUSING FUND Total:
250,000.00
Fund: 401- CAPITAL IMPROVEMENT
PROGRAMS
NAI CONSULTING INC
214020
04/2024 PAVEMENT MANAGEMENT PL...
Professional Services
401-0000-60103
1,400.00
NAI CONSULTING INC
214020
04/2024 FRITZ BURN PARK IMPROVEM...
Professional Services
401-0000-60103
1,875.00
NAI CONSULTING INC
214020
04/2024 DRA CITYWIDE DRAINAGE ENH...
Professional Services
401-0000-60103
525.00
NAI CONSULTING INC
214020
04/2024 AVE 48 ARTAND MUSIC LINE
Professional Services
401-0000-60103
1,400.00
NAI CONSULTING INC
214020
04/2024 LQ LANDSCAPE IMPROVEMENTS
Professional Services
401-0000-60103
2,112.50
NAI CONSULTING INC
214020
04/2024 DUNE PALMS BRIDGE IMPROV...
Professional Services
401-0000-60103
2,650.00
NAI CONSULTING INC
214020
04/2024 HWY 111 REHABILITATION
Professional Services
401-0000-60103
9,580.00
6/10/2024 2:55:38 PM
Page 2 of 6
376
Demand Register
Vendor Name
NAI CONSULTING INC
NAI CONSULTING INC
NAI CONSULTING INC
NAI CONSULTING INC
NAI CONSULTING INC
NAI CONSULTING INC
NAI CONSULTING INC
NAI CONSULTING INC
NAI CONSULTING INC
MSA CONSULTING INC
Packet: APPKT03819 - 05/31/2024 JB
Payment Number
Description (Item)
Account Name
Account Number
Amount
214020
04/2024 HIGHWAY 111 CORRIDOR
Professional Services
401-0000-60103
750.00
214020
04/2024 VILLAGE ART/CULTURAL PLAZA
Professional Services
401-0000-60103
3,612.50
214020
04/2024 AVE 50 WIDENING IMPROVEM...
Professional Services
401-0000-60103
350.00
214020
04/2024 LA QUINTA PARKS PHASE 1
Professional Services
401-0000-60103
350.00
214020
04/2024 CITYWIDE MISCELLANEOUS AD...
Professional Services
401-0000-60103
387.50
214020
04/2024 DUNE PALMS RD PAVEMENT R...
Professional Services
401-0000-60103
3,860.00
214020
04/2024 PAVEMENT MANAGEMENT PL...
Professional Services
401-0000-60103
9,735.00
214020
04/2024 EISENHOWER RETENTION BAST...
Professional Services
401-0000-60103
637.50
214020
04/2024 AVE 50 BRIDGE
Professional Services
401-0000-60103
762.50
214019
FB PARK ONCALL SURVEY SERVICES
Construction
401-0000-60188
16,838.75
Fund 401- CAPITAL IMPROVEMENT PROGRAMS Total:
56,826.25
Fund: 501 - FACILITY & FLEET REPLACEMENT
BMW MOTORCYCLES OF RIV... 213997
PACIFIC MOBILE STRUCTURES.. 214022
POWERPLAN BF 214025
Fund: 502 - INFORMATION TECHNOLOGY
INTELESYSONE 214011
MOTORCYCLE REPAIRS A1154 Motorcycle Repair & Mainte... 501-0000-60679 2,095.04
06/2024 - PW TRAILER RENTAL Building Leases 501-0000-71032 3,088.51
BACKHOE REPAIRS Vehicle Repair & Maintenan... 501-0000-60676 873.64
Fund 501- FACILITY & FLEET REPLACEMENT Total: 6,057.19
06/01-06/30/24 - PHONE SYSTEM MAIN... Technical 502-0000-60108 3,000.00
Fund 502 - INFORMATION TECHNOLOGY Total: 3,000.00
Grand Total: 2,035,093.23
6/10/2024 2:55:38 PM
377
Page 3 of 6
Demand Register
Packet: APPKT03819 - 05/31/2024 JB
Fund Summary
Fund
101-GENERAL FUND
201- GAS TAX FUND
202 - LIBRARY & MUSEUM FUND
212 - SLESA (COPS) FUND
215 - LIGHTING & LANDSCAPING FUND
243 - RDA LOW -MOD HOUSING FUND
401- CAPITAL IMPROVEMENT PROGRAMS
501- FACILITY & FLEET REPLACEMENT
502 - INFORMATION TECHNOLOGY
Account Number
101-0000-13600
101-0000-20303
101-0000-22810
101-0000-41401
101-0000-42405
101-1002-60101
101-1004-50252
101-1004-60320
101-1004-60322
101-2001-60161
101-2001-60162
101-2001-60163
101-2001-60164
101-2001-60166
101-2001-60167
101-2001-60169
101-2001-60170
101-2001-60171
101-2001-60172
101-2001-60174
101-2001-60175
101-2001-60176
101-2001-60193
101-2001-60420
101-2001-60692
101-2002-60112
101-2002-60691
101-2002-61101
101-2002-61200
101-2002-61304
101-3001-60532
101-3003-60149
101-3005-60117
101-3005-60184
101-3005-60189
101-3005-61103
101-3005-61105
101-3005-61202
101-3005-61203
101-3005-61205
101-3007-60134
101-3007-60461
101-3008-60115
101-3008-60667
101-3008-60691
101-3008-61101
Grand Total:
Account Summary
Account Name
Prepaid Expense
TBID Due to VGPS
Developer Deposits
TOT - Short Term Vac. R...
Garage Sale Permits
Contract Services - Admi...
Annual Wellness Dollar ...
Travel & Training
Training & Education/M...
Sheriff Patrol
Police Overtime
Target Team
Community Services Offi...
Gang Task Force
Narcotics Task Force
Motor Officer
Dedicated Sargeants
Dedicated Lieutenant
Sheriff - Mileage
Blood/Alcohol Testing
Special Enforcement Fu...
Sheriff - Other
Sexual Assault Exam Fees
Operating Supplies
Public Safety Camera Sys..,
Landscape Contract
Maintenance/Services
Electricity - Utilities
Water - Utilities
Mobile/Cell Phones/Sate..,
Homelessness Assistance
Community Experiences
Civic Center Lake Maint...
Fritz Burns Pool Mainten...
SilverRock Lake Mainten...
Electric - Civic Center Pa...
Electric - Fritz Burns Park...
Water - Civic Center Park..
Water -Eisenhower Park ...
Water -Velasco Park - Uti..
Promotional Items
Marketing & Tourism Pr...
Janitorial
HVAC
Maintenance/Services
Electricity - Utilities
Expense Amount
1,605,951.68
1,655.23
4,974.67
8,441.77
98,186.44
250,000.00
56,826.25
6,057.19
3,000.00
2,035,093.23
Expense Amount
152,178.20
15.21
9,764.00
152.12
10.00
3,500.00
635.71
4,087.00
3,500.00
628,087.68
33,386.34
153,548.69
59,577.93
17,150.40
17,150.40
132,406.63
42,417.00
25,496.00
35,755.50
2,139.90
7,814.57
903.86
231.00
273.66
20,321.80
1,616.00
977.50
315.60
201.87
200.85
50,000.00
54,373.91
1,350.00
7,600.77
1,350.00
1,941.37
145.63
2,783.34
84.39
64.71
1,621.63
46,501.66
350.00
1,409.00
895.00
18,844.82
6/10/2024 2:55:38 PM
378
Page 4 of 6
Demand Register Packet: APPKT03819 - 05/31/2024 JB
Account Summary
Account Number
Account Name
Expense Amount
101-3008-61102
Electricity - Charging Stat..
2,788.52
101-6001-60420
Operating Supplies
368.26
101-6002-60103
Professional Services
7,309.20
101-6003-60320
Travel & Training
140.00
101-6003-60690
Uniforms
133.79
101-6006-60420
Operating Supplies
759.08
101-7002-60103
Professional Services
43,864.68
101-7002-60183
Map/Plan Checking
6,756.50
101-7006-60104
Consultants
700.00
201-7003-60690
Uniforms
258.60
201-7003-61101
Electricity - Utilities
871.63
201-7003-72111
Road Improvements
525.00
202-3004-60667
HVAC
125.00
202-3004-61101
Electricity - Utilities
4,849.67
212-0000-60179
COPS Burglary/Theft Pre...
8,441.77
215-7004-60112
Landscape Contract
62,674.00
215-7004-60431
Materials/Supplies
16,009.36
215-7004-60690
Uniforms
310.68
215-7004-60691
Maintenance/Services
12,140.00
215-7004-61116
Electric - Utilities
1,802.04
215-7004-61117
Electric - Medians - Utilit...
600.34
215-7004-61211
Water - Medians - Utiliti...
4,650.02
243-0000-60532
Homelessness Assistance
250,000.00
401-0000-60103
Professional Services
39,987.50
401-0000-60188
Construction
16,838.75
501-0000-60676
Vehicle Repair & Maint...
873.64
501-0000-60679
Motorcycle Repair & Ma...
2,095.04
501-0000-71032
Building Leases
3,088.51
502-0000-60108
Technical
3,000.00
Grand Total:
2,035,093.23
Project Account Summary
Project Account Key
Project Account Name
Project Name
Expense Amount
**None**
**None**
**None**
1,841,890.03
111205P
Professional Expense
Dune Palms Bridge Imp/BRLKS-5'
2,650.00
15-001E
TOWER ENERGY GRP EXP
TOWER ENERGY GROUP
964.00
201603P
Professional Expense
La Quinta Landscape Renovation
2,112.50
201804E
Landscape & Lighting Median Islan...
Landscape & Lighting Median Islz
27,849.36
201901P
Professional Expense
Village Art Plaza Promenade & Ci
3,612.50
201902P
Professional Expense
Avenue 50 Bridge Spanning the E
762.50
201905P
Professional Expense
Highway 111 Corridor Area Plan 1
750.00
202008P
Professional Expense
Avenue 48 Art and Music Line Pr(
1,400.00
202101P
Professional Expense
Dune Palms Rd Pavement Rehab-
3,860.00
202102P
Professional Expense
Fritz Burns Park Improvements
1,875.00
202102T
Technical Expense
Fritz Burns Park Improvements
16,838.75
202205P
Professional Expense
Avenue 50 Widening Improveme
350.00
202225P
Professional Expense
Highway 111 Rehabilitation Proje
9,580.00
202306P
Professional Expense
La Quinta Parks Phase I (Sports G
350.00
202307P
Professional Expense
Citywide Miscellaneous ADA Imp
387.50
202315P
Professional Expense
FY22/23 Pavement Management
1,400.00
202316P
Professional Expense
FY23/24 Pavement Management
9,735.00
202320P
Cyclone Hilary Professional Expense
Tropical Cyclone Hilary
525.00
202322P
Eisenhower Retention Basin Slope...
Eisenhower Retention Basin Slop
637.50
23003E
ABTS POLO VILLAS, LLC EXPENSE
ABTS POLO VILLAS, LLC
8,800.00
2324DRAP
Professional Expense
FY 23/24 Citywide Drainage Enha
525.00
CSA152E
CSA 152 Expenses
CSA 152 Project Tracking
43,864.68
6/10/2024 2:55:38 PM Page 5 of 6
379
Demand Register
Packet: APPKT03819 - 05/31/2024 JB
Project Account Summary
Project Account Key Project Account Name Project Name Expense Amount
TREEE Tree Lighting Ceremony Expense Tree Lighting Ceremony 54,373.91
Grand Total: 2,035,093.23
*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.
6/10/2024 2:55:38 PM Page 6 of 6
380
Demand Register
City of La Quinta Packet: APPKT03826 - 06/07/2024 JB
Vendor Name
Payment Number
Description (Item)
Account Name
Account Number
Amount
Fund: 101-GENERAL FUND
CHARTER COMMUNICATIONS-
214044
05/16-06/15/24 - FS #70 CABLE (1860)
Cable/Internet - Utilities
101-2002-61400
48.25
CHARTER COMMUNICATIONS-
214044
05/16-06/15/24 - FS #32 CABLE (8152)
Cable/Internet - Utilities
101-2002-61400
99.91
PANE IN THE GLASS
214067
WC COURTYARD DOORS GLASS REPLAC...
Maintenance/Services
101-3008-60691
1,976.00
ULLOA, TONY
214077
FY 23/24 ANNUAL WELLNESS DOLLARS ...
Annual Wellness Dollar Reim...
101-1004-50252
200.00
LORETT, LORI
214064
FY 23/24 ANNUAL WELLNESS DOLLARS
Annual Wellness Dollar Reim...
101-1004-50252
199.19
LIMA, JACK VINCENT
214062
FY 23/24 ANNUAL WELLNESS DOLLARS ...
Annual Wellness Dollar Reim...
101-1004-50252
200.00
CALIFORNIA STATE SHERIFFS'...
214043
CALIF SHERIFFS' ASSOCIATION SPONSO...
Sponsorships/Advertising
101-3007-60450
1,000.00
VINTAGE E & S INC
214081
CITY PARKS CANOPY LIGHTING
Maintenance/Services
101-3005-60691
1,569.84
VINTAGE E & S INC
214081
PIONEER PARK LIGHTS SERVICE CALL
Maintenance/Services
101-3005-60691
1,282.26
PROPER SOLUTIONS INC
214070
05/24/24 TEMP AGENCY SERVICES R.IB...
Temporary Agency Services
101-1004-60125
1,707.60
JOE A GONSALVES & SON
214060
11/2024 LOBBYIST SERVICES
Contract Services - Administr...
101-1002-60101
3,500.00
DECKARD TECHNOLOGIES, I...
214049
06/2024 - RENTALSCAPE
Professional Services
101-1005-60103
3,750.00
VERITAS TECHNOLOGIES LLC
214079
04/2024 - DATA BACK UP FOR LASERFIC...
Professional Services
101-1005-60103
1,029.60
VINTAGE ASSOCIATES
214080
TREE REMOVAL AT SRR EVENT PARK
Tree Maintenance
101-3005-60557
500.00
VINTAGE ASSOCIATES
214080
PLANT FLOWERS AT CITY PARKS
Materials/Supplies
101-3005-60431
1,514.61
ALL PRO BEVERAGE INC
214039
LOBBY COFFEE SUPPLIES
Citywide Supplies
101-1007-60403
651.27
PAX FITNESS REPAIR
214068
WC RECLINE BIKE REPAIRS
Operating Supplies
101-3002-60420
308.32
HAYES, SARA
214056
FACILITY RENTAL DEPOSIT REFUND
Miscellaneous Deposits
101-0000-22830
500.00
JENSEN, SHARLA W
149
1 DAY SESSION CLASS
Instructors
101-3002-60107
48.00
JENSEN, SHARLA W
149
PERSONAL TRAINING 3 SESSIONS CLASS...
Instructors
101-3002-60107
264.00
JENSEN, SHARLA W
149
PERSONAL TRAINING 6 SESSIONS CLASS...
Instructors
101-3002-60107
2,112.00
WILLIAMS, BILLEE
214083
YOGA FLOW CLASSES
Instructors
101-3002-60107
54.60
WILLIAMS, BILLEE
214083
YOGA FLOW CLASS
Instructors
101-3002-60107
12.60
SHIRY, TERESA
214072
BALLROOM BEGINNING DI CLASSES
Instructors
101-3002-60107
63.00
WILLIAMS, BILLEE
214083
PILATES CLASS
Instructors
101-3002-60107
409.50
WILLIAMS, BILLEE
214083
MAT PILATES DI CLASSES
Instructors
101-3002-60107
37.80
HEWETT, ATSUKO YAMANE
214057
DEEP STRETCH DI CLASSES
Instructors
101-3002-60107
49.00
DESERT RECREATION DISTRI...
214052
04/2024 - FB POOL OPERATIONS & PRO...
Fritz Burns Pool Programming
101-3003-60184
2,475.53
ODP BUSINESS SOLUTIONS, L...
214066
BATTERIES, KEYBOARDS, MARKERS
Office Supplies
101-1005-60400
247.10
ODP BUSINESS SOLUTIONS, L...
214066
LABEL TAPE
Office Supplies
101-1005-60400
43.49
ODP BUSINESS SOLUTIONS, L...
214066
PRINTER TONER
Office Supplies
101-6004-60400
149.64
GRAINGER
214055
VEHICLE INSPECTION FORM, STORAGE C...
Tools/Equipment
101-7003-60432
154.01
IMPERIAL IRRIGATION DIST
214058
ELECTRICITY SERVICE
Electricity - Utilities
101-2002-61101
2,487.90
IMPERIAL IRRIGATION DIST
214058
ELECTRICITY SERVICE
Electric - Monticello Park - Uti..
101-3005-61102
13.74
IMPERIAL IRRIGATION DIST
214058
ELECTRICITY SERVICE
Electric - Fritz Burns Park - Uti..
101-3005-61105
485.46
IMPERIAL IRRIGATION DIST
214058
ELECTRICITY SERVICE
Electric - Sports Complex - Uti..
101-3005-61106
3,990.41
IMPERIAL IRRIGATION DIST
214058
ELECTRICITY SERVICE
Electric - Colonel Paige - Utilit..
101-3005-61108
648.83
IMPERIAL IRRIGATION DIST
214058
ELECTRICITY SERVICE
Electric - Community Park - U...
101-3005-61109
7,154.79
IMPERIAL IRRIGATION DIST
214058
ELECTRICITY SERVICE
Electric - Adams Park - Utiliti...
101-3005-61110
38.40
IMPERIAL IRRIGATION DIST
214058
ELECTRICITY SERVICE
Electric - Velasco Park - Utiliti...
101-3005-61111
14.33
IMPERIAL IRRIGATION DIST
214058
ELECTRICITY SERVICE
Electric - Eisenhower Park - U...
101-3005-61113
19.90
IMPERIAL IRRIGATION DIST
214058
ELECTRICITY SERVICE
Electric - Desert Pride - Utiliti...
101-3005-61114
13.74
IMPERIAL IRRIGATION DIST
214058
ELECTRICITY SERVICE
Electricity - Utilities
101-3008-61101
465.36
COACHELLA VALLEY WATER D..
214047
WATER SERVICE
Water -Community Park - Util..
101-3005-61209
2,698.35
COACHELLA VALLEY WATER D..
214047
WATER SERVICE
PM 10 - Dust Control
101-7006-60146
228.32
COACHELLA VALLEY ASSOC 0...
214046
02/2024 - ARTS AND MUSIC LINE SHARE...
Contributions to Other Agenc..
101-7006-60480
15,645.51
COACHELLA VALLEY ASSOC 0...
214046
02/2024 - ARTS AND MUSIC LINE SHARE...
Contributions to Other Agenc..
101-7006-60480
1,212.79
COACHELLA VALLEY ASSOC 0...
214046
03/2024 - ARTS AND MUSIC LINE SHARE...
Contributions to Other Agenc..
101-7006-60480
110.00
COACHELLA VALLEY ASSOC 0...
214046
03/2024 - ARTS AND MUSIC LINE SHARE...
Contributions to Other Agenc..
101-7006-60480
1,095.48
DESERT RESORT MANAGEM...
214053
05/2024 - SECURITY PATROL SERVICES
Professional Services
101-6004-60103
4,018.43
IMPERIAL IRRIGATION DIST
214058
FY 23/24 R/C ELECTRICITY SERVICE TO 1...
Electricity - Utilities
101-3008-61101
-780.07
IMPERIAL IRRIGATION DIST
214058
FY 23/24 R/C ELECTRICITY SERVICE FR 1...
Electricity - Utilities
101-2002-61101
780.07
SPRING CITY ELECTRICAL
214074
SALES TAX
Sales Taxes Payable
101-0000-20304
-1,145.55
6/10/2024 2:54:36 PM
Page 1 of 5
381
Demand Register
Packet: APPKT03826 - 06/07/2024 JB
Vendor Name
Payment Number
Description (Item)
Account Name
Account Number
Amount
SUNLINE TRANSIT AGENCY
214075
03/2024 - SUNLINE BUS PASSES
Due to SunLine
101-0000-20305
185.00
SUNLINE TRANSIT AGENCY
214075
03/2024 -SUNLINE BUS PASSES
Miscellaneous Revenue
101-0000-42301
-9.75
DISH NETWORK
214054
05/22-06/21/24 - EOC CABLE
Cable/Internet - Utilities
101-2002-61400
106.71
KILEY & ASSOCIATES
214061
05/2024 - FEDERAL LOBBYIST SERVICES
Contract Services - Administr...
101-1002-60101
3,500.00
IMPERIAL IRRIGATION DIST
214058
ELECTRICITY SERVICE
Electric - SilverRock Event Sit...
101-3005-61115
2,661.74
COACHELLA VALLEY WATER D..
214047
WATER SERVICE
Water -Fritz Burns Park - Utili...
101-3005-61204
2,070.90
COACHELLA VALLEY WATER D..
214047
WATER SERVICE
Water - Utilities
101-3008-61200
535.38
CV PIPELINE CORP
214048
5/23/24 STORMWATER PIPE INSPECTIO...
Professional Services
101-7003-60103
1,020.00
BIO SOCAL
214042
TRAFFIC ACCIDENT CLEAN UP LA241350...
Special Enforcement Funds
101-2001-60175
3,963.40
Fund 101- GENERAL FUND Total:
79,386.69
Fund: 201- GAS TAX FUND
TOPS' N BARRICADES INC
214076
TRAFFIC CONTROL SIGNS
Traffic Control Signs
201-7003-60429
150.08
TOPS' N BARRICADES INC
214076
TRAFFIC CONTROL SIGNS
Traffic Control Signs
201-7003-60429
145.07
TOPS' N BARRICADES INC
214076
TRAFFIC CONTROL SIGNS
Traffic Control Signs
201-7003-60429
93.53
UNDERGROUND SERVICE AL...
214078
06/01/24 - DIG ALERT SERVICES
Materials/Supplies
201-7003-60431
83.50
IMPERIAL IRRIGATION DIST
214058
ELECTRICITY SERVICE
Electricity -Utilities
201-7003-61101
4,215.74
Fund 201- GAS TAX FUND Total:
4,687.92
Fund: 202 - LIBRARY & MUSEUM FUND
IMPERIAL IRRIGATION DIST
214058
ELECTRICITY SERVICE
Electricity -Utilities
202-3006-61101
811.72
Fund 202 - LIBRARY
& MUSEUM FUND Total:
811.72
Fund: 215 - LIGHTING & LANDSCAPING FUND
VINTAGE E & S INC
214081
5/20/24 - REPAIRED BROKEN CONDUIT
Maintenance/Services
215-7004-60691
759.74
VINTAGE E & S INC
214081
LA FONDA LIGHT FIXTURES REPAIRS
Maintenance/Services
215-7004-60691
3,835.11
DESERT GROWERS NURSERY
214051
PALM
Materials/Supplies
215-7004-60431
179.44
DESERT GROWERS NURSERY
214051
PLANTS
Materials/Supplies
215-7004-60431
91.35
SMITH PIPE & SUPPLY CO
214073
PVC IRRIGATION PARTS
Materials/Supplies
215-7004-60431
156.27
SMITH PIPE & SUPPLY CO
214073
PVC IRRIGATION PARTS
Materials/Supplies
215-7004-60431
1,179.58
SMITH PIPE & SUPPLY CO
214073
IRRIGATION PARTS
Materials/Supplies
215-7004-60431
867.00
PWLC II, INC
214071
TREE REMOVAL SERVICE
Maintenance/Services
215-7004-60691
5,100.00
PWLC II, INC
214071
5/6-5/11/24 - PLANT REPLACEMENT AVE..
Maintenance/Services
215-7004-60691
11,840.00
PWLC II, INC
214071
5/20-5/24/24- PLANT REPLACEMENTA...
Maintenance/Services
215-7004-60691
10,880.00
PWLC II, INC
214071
5/1-5/17/24 - PLANT REPLACEMENT AVE..
Maintenance/Services
215-7004-60691
10,880.00
IMPERIAL IRRIGATION DIST
214058
ELECTRICITY SERVICE
Electric -Utilities
215-7004-61116
2,068.72
COACHELLA VALLEY WATER D..
214047
WATER SERVICE
Water - Medians - Utilities
215-7004-61211
4,815.92
IMPERIAL IRRIGATION DIST
214058
ELECTRICITY SERVICE
Electric -Utilities
215-7004-61116
1,162.25
Fund 215 - LIGHTING & LANDSCAPING FUND Total:
53,815.38
Fund: 249 - SA 2011 LOW/MOD BOND FUND (Refinanced
in 2016)
NV5
214065
PARCEL MAP WAIVER SVC APN 600-020...
Affordable Housing Project D...
249-0000-80050
900.00
Fund 249 - SA 2011 LOW/MOD BOND FUND (Refinanced in 2016) Total:
900.00
Fund: 270 - ART IN PUBLIC PLACES FUND
ALLSTRUCTURE ENGINEERIN...
214040
ENGINEERING SERVICES SRR ART PEDES...
APP Maintenance & Display
270-0000-60683
600.00
ALLSTRUCTURE ENGINEERIN...
214040
ENGINEERING SERVICES SRR ART PEDES...
APP Maintenance & Display
270-0000-60683
312.50
Fund 270 - ART IN PUBLIC PLACES FUND Total:
912.50
Fund: 401- CAPITAL IMPROVEMENT
PROGRAMS
ITERIS
214059
DUNE PALMS ROAD AND DESERT CREST...
Construction
401-0000-60188
25,631.45
PLANIT REPROGRAPHICS SYS...
214069
CH HALL ROOF REPAIR BID AD
Construction
401-0000-60188
23.75
SPRING CITY ELECTRICAL
214074
LIGHT POLE AT AVE 52 AND EISENHOW...
Construction
401-0000-60188
1,145.55
SPRING CITY ELECTRICAL
214074
LIGHT POLE AT AVE 52 AND EISENHOW...
Construction
401-0000-60188
13,092.00
Fund 401- CAPITAL IMPROVEMENT PROGRAMS Total:
39,892.75
Fund: 501 - FACILITY & FLEET REPLACEMENT
CLUB CAR LLC
214045
DIFFERENTIAL GUARD
Vehicles, Purchased
501-0000-71031
29.40
CLUB CAR LLC
214045
TEMPO AC-LI 2+2 W/B&S PACK
Vehicles, Purchased
501-0000-71031
12,564.00
CLUB CAR LLC
214045
RADIAL, KENDA HOLD-N-1 18X8.50R8 W...
Vehicles, Purchased
501-0000-71031
44.80
CLUB CAR LLC
214045
19.2 MPH HSP
Vehicles, Purchased
501-0000-71031
45.00
CLUB CAR LLC
214045
CLUB CAR TRUCK FREIGHT LESS THAN T...
Vehicles, Purchased
501-0000-71031
773.44
CLUB CAR LLC
214045
STANDARD LIGHTS-HEADLIGHTS,TAIL LI...
Vehicles, Purchased
501-0000-71031
40.60
CLUB CAR LLC
214045
ON BOARD CHARGER MOUNTED TO THE..
Vehicles, Purchased
501-0000-71031
552.30
CLUB CAR LLC
214045
COMP DISC LITHIUM 4 B
Vehicles, Purchased
501-0000-71031
-785.34
6/10/2024 2:54:36 PM Page 2 of 5
382
Demand Register
Packet: APPKT03826 - 06/07/2024 JB
Vendor Name
Payment Number
Description (Item)
Account Name
Account Number
Amount
CLUB CAR LLC
214045
ESTIMATED SALES TAXES
Vehicles, Purchased
501-0000-71031
1,174.40
CLUB CAR LLC
214045
4 PASSENGER PREMIUM FIXED CAMELL...
Vehicles, Purchased
501-0000-71031
788.90
CLUB CAR LLC
214045
RADIAL, KENDA HOLD-N-1 18X8.50R8 W...
Vehicles, Purchased
501-0000-71031
44.80
CLUB CAR LLC
214045
TINTED HINGED WINDSHIELD KIT
Vehicles, Purchased
501-0000-71031
142.10
WEX BANK
214082
04/26-05/25/24 - FUEL
Fuel & Oil
501-0000-60674
9,667.73
Fund 501- FACILITY & FLEET REPLACEMENT Total:
25,082.13
Fund: 502 - INFORMATION TECHNOLOGY
CHARTER COMMUNICATIONS-
214044
04/15-05/14/24 - WC CABLE (8105)
Cable/Internet - Utilities
502-0000-61400
166.60
CHARTER COMMUNICATIONS-
214044
05/20-06/19/24 - WC CABLE
Cable/Internet - Utilities
502-0000-61400
13.22
ACORN TECHNOLOGY SERVI...
214038
05/2024 - IT SERVICES
Consultants
502-0000-60104
29,304.00
ACORN TECHNOLOGY SERVI...
214038
PURCHASE PHONE EQUIPMENT
Consultants
502-0000-60104
35,284.33
LOBBYCENTRAL
214063
06/30/24-06/03/25 - CLOUD ANNUAL 5...
Prepaid Expense
502-0000-13600
1,026.00
ACORN TECHNOLOGY SERVI...
214038
FY23/24 R/C SECUREWORKS SUBSCRIP ...
Consultants
502-0000-60104
-16,275.00
ACORN TECHNOLOGY SERVI...
214038
FY23/24 R/C SECUREWORKS SUBSCRIP ...
Software Licenses
502-0000-60301
16,275.00
Fund 502 - INFORMATION
TECHNOLOGY Total:
65,794.15
Fund: 503 - PARK EQUIP & FACILITY FUND
BELSON OUTDOORS LLC
214041
PARK EQUIPMENT
Parks
503-0000-71060
430.65
Fund 503 - PARK
EQUIP & FACILITY FUND Total:
430.65
Fund: 601- SILVERROCK RESORT
DESERT FIRE EXTINGUISHER ...
214050
Sliver Rock Fire Sprinkler System mainte...
Repair & Maintenance
601-0000-60660
10,886.50
Fund 601 - SILVERROCK RESORT Total:
10,886.50
Grand Total: 282,600.39
6/10/2024 2:54:36 PM
383
Page 3 of 5
Demand Register
Packet: APPKT03826 - 06/07/2024 JB
Fund Summary
Fund
101-GENERAL FUND
201- GAS TAX FUND
202 - LIBRARY & MUSEUM FUND
215 - LIGHTING & LANDSCAPING FUND
249 - SA 2011 LOW/MOD BOND FUND (Refinanced in 20...
270 - ART IN PUBLIC PLACES FUND
401- CAPITAL IMPROVEMENT PROGRAMS
501- FACILITY & FLEET REPLACEMENT
502 - INFORMATION TECHNOLOGY
503 - PARK EQUIP & FACILITY FUND
601- SILVERROCK RESORT
Account Number
101-0000-20304
101-0000-20305
101-0000-22830
101-0000-42301
101-1002-60101
101-1004-50252
101-1004-60125
101-1005-60103
101-1005-60400
101-1007-60403
101-2001-60175
101-2002-61101
101-2002-61400
101-3002-60107
101-3002-60420
101-3003-60184
101-3005-60431
101-3005-60557
101-3005-60691
101-3005-61102
101-3005-61105
101-3005-61106
101-3005-61108
101-3005-61109
101-3005-61110
101-3005-61111
101-3005-61113
101-3005-61114
101-3005-61115
101-3005-61204
101-3005-61209
101-3007-60450
101-3008-60691
101-3008-61101
101-3008-61200
101-6004-60103
101-6004-60400
101-7003-60103
101-7003-60432
101-7006-60146
101-7006-60480
201-7003-60429
201-7003-60431
201-7003-61101
Grand Total:
Account Summary
Account Name
Sales Taxes Payable
Due to SunLine
Miscellaneous Deposits
Miscellaneous Revenue
Contract Services - Admi...
Annual Wellness Dollar ...
Temporary Agency Servi...
Professional Services
Office Supplies
Citywide Supplies
Special Enforcement Fu...
Electricity - Utilities
Cable/Internet - Utilities
Instructors
Operating Supplies
Fritz Burns Pool Progra...
Materials/Supplies
Tree Maintenance
Maintenance/Services
Electric - Monticello Park...
Electric - Fritz Burns Park...
Electric - Sports Complex...
Electric - Colonel Paige -...
Electric - Community Par...
Electric - Adams Park - Ut..
Electric - Velasco Park - ...
Electric - Eisenhower Par...
Electric - Desert Pride - U..
Electric - SilverRock Even...
Water -Fritz Burns Park -...
Water -Community Park ...
Sponsorships/Advertising
Maintenance/Services
Electricity - Utilities
Water - Utilities
Professional Services
Office Supplies
Professional Services
Tools/Equipment
PM 10 - Dust Control
Contributions to Other A...
Traffic Control Signs
Materials/Supplies
Electricity - Utilities
Expense Amount
79,386.69
4,687.92
811.72
53,815.38
900.00
912.50
39,892.75
25,082.13
65,794.15
430.65
10,886.50
282,600.39
Expense Amount
-1,145.55
185.00
500.00
-9.75
7,000.00
599.19
1,707.60
4,779.60
290.59
651.27
3,963.40
3,267.97
254.87
3,050.50
308.32
2,475.53
1,514.61
500.00
2,852.10
13.74
485.46
3,990.41
648.83
7,154.79
38.40
14.33
19.90
13.74
2,661.74
2,070.90
2,698.35
1,000.00
1,976.00
-314.71
535.38
4,018.43
149.64
1,020.00
154.01
228.32
18,063.78
388.68
83.50
4,215.74
6/10/2024 2:54:36 PM
384
Page 4 of 5
Demand Register
Packet: APPKT03826 - 06/07/2024 JB
Account Summary
Account Number
Account Name
Expense Amount
202-3006-61101
Electricity - Utilities
811.72
215-7004-60431
Materials/Supplies
2,473.64
215-7004-60691
Maintenance/Services
43,294.85
215-7004-61116
Electric - Utilities
3,230.97
215-7004-61211
Water - Medians - Utiliti...
4,815.92
249-0000-80050
Affordable Housing Proj...
900.00
270-0000-60683
APP Maintenance & Disp...
912.50
401-0000-60188
Construction
39,892.75
501-0000-60674
Fuel & Oil
9,667.73
501-0000-71031
Vehicles, Purchased
15,414.40
502-0000-13600
Prepaid Expense
1,026.00
502-0000-60104
Consultants
48,313.33
502-0000-60301
Software Licenses
16,275.00
502-0000-61400
Cable/Internet - Utilities
179.82
503-0000-71060
Parks
430.65
601-0000-60660
Repair & Maintenance
10,886.50
Grand Total:
282,600.39
Project Account Summary
Project Account Key
Project Account Name
Project Name
Expense Amount
**None**
**None**
**None**
173,922.05
201804E
Landscape & Lighting Median Islan...
Landscape & Lighting Median Islz
36,833.38
202008CB
Contribution Expense
Avenue 48 Art and Music Line Pr(
18,063.78
202215E
Landscape Maintenance Refurbis...
Landscape Maint Refurbishment-
5,100.00
202332CT
Construction Expense
City Hall Roof Repair
23.75
2324TMICT
Construction Expense
FY23/24Traffic Maintenance Imf
39,869.00
CSA152E
CSA 152 Expenses
CSA 152 Project Tracking
1,020.00
STVRE
Short Term Vacation Rental Expen...
Short Term Vacation Rental Tracl
7,768.43
Grand Total:
282,600.39
*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.
6/10/2024 2:54:36 PM
385
Page 5 of 5
ATTACHMENT 2
City of La Quinta
Bank Transactions 05/27/2024-06/07/2024
Wire Transaction
Listed below are the wire transfers from 05/27/2024-06/07/2024.
Wire Transfers:
05/28/2024 - WIRE TRANSFER -
CALPERS
05/28/2024 - WIRE TRANSFER -
CALPERS
05/28/2024 - WIRE TRANSFER -
CALPERS
05/29/2024 - WIRE TRANSFER -
STERLING
06/03/2024 - WIRE TRANSFER -
LANDMARK
06/07/2024 - WIRE TRANSFER -
CALPERS
06/07/2024 - WIRE TRANSFER -
LQCEA
06/07/2024 - WIRE TRANSFER -
MISSION SQUARE
06/07/2024 - WIRE TRANSFER -
MISSION SQUARE
TOTAL WIRE TRANSFERS OUT
$5,802.02
$15,238.18
$30,657.27
$1,337.47
$208,846.35
$139,560.39
$459.00
$4,025.00
$12,943.19
$418,868.87
CONSENT CALENDAR ITEM NO. 22
City of La Quinta
CITY COUNCIL MEETING: June 18, 2024
STAFF REPORT
AGENDA TITLE: APPROVE DEMAND REGISTERS FOR SOUTHERN CALIFORNIA
GAS COMPANY DATED APRIL 12, MAY 10 AND 31, 2024
RECOMMENDATION
Approve demand registers for Southern California Gas Company dated April 12, May 10
and 31, 2024.
EXECUTIVE SUMMARY — None
FISCAL IMPACT
Demand of Cash:
City $ 28,696.13
Successor Agency of RDA $ -
Housing Authority $ -
$ 28,696.13
BACKGROUND/ANALYSIS
Routine bills and payroll must be paid between Council meetings. Attachment 1 details
the weekly demand registers for Southern California Gas Company dated April 12, May
10, and May 31, 2024.
Warrants Issued:
213622 $ 492.03
213878 $ 27,129.66
214037 $ 1,074.44
$ 28,696.13
Prepared by: Jesse Batres, Finance Technician
Approved by: Rosemary Hallick, Principal Management Analyst
Attachment: 1. Demand Registers
387
City of La Quints
Vendor Name Payment Number Description (Item)
Fund: 101-GENERAL FUND
THE GAS COMPANY
213622
02/20-03/20/24 - FS #32 GAS SVC
THE GAS COMPANY
213622
02/20-03/20/24 - CH GAS SVC
THE GAS COMPANY
213622
02/20-03/20/24 - FB POOL GAS SVC
THE GAS COMPANY
213622
02/20-03/20/24 - WC GAS SVC
THE GAS COMPANY
213622
02/27-03/24/24 - FS #93 GAS SVC
Fund: 202 - LIBRARY & MUSEUM FUND
THE GAS COMPANY
213622
02/20-03/20/24 - LIBRARY GAS SVC
Fund: 501- FACILITY & FLEET
REPLACEMENT
THE GAS COMPANY
213622
02/2024 SWEEPER FUEL
ATTACHMENT 1
Demand Register
Packet: APPKT03776 - 04/12/2024 SOCAL GAS
Account Name
Account Number
Amount
Gas - Utilities
101-2002-61100
63.44
Gas - Utilities
101-3008-61100
54.66
Gas -Utilities FB Pool
101-3005-61100
14.30
Gas - Utilities
101-3008-61100
195.07
Gas - Utilities
101-2002-61100
137.26
Fund 101- GENERAL FUND Total:
464.73
Gas - Utilities
202-3004-61100
14.30
Fund 202 - LIBRARY & MUSEUM FUND Total:
14.30
Street Sweeper
501-0000-60678
13.00
Fund 501- FACILITY & FLEET REPLACEMENT Total:
13.00
Grand Total:
492.03
6/10/2024 2:56:43 PM
Page 1 of 2
388
Demand Register
Packet: APPKT03776 - 04/12/2024 SOCAL GAS
Fund Summary
Fund Expense Amount
101- GENERAL FUND 464.73
202 - LIBRARY & MUSEUM FUND 14.30
501- FACILITY & FLEET REPLACEMENT 13.00
Grand Total: 492.03
Account Summary
Account Number
Account Name
Expense Amount
101-2002-61100
Gas - Utilities
200.70
101-3005-61100
Gas -Utilities FB Pool
14.30
101-3008-61100
Gas - Utilities
249.73
202-3004-61100
Gas - Utilities
14.30
501-0000-60678
Street Sweeper
13.00
Grand Total:
492.03
Project Account Summary
Project Account Key
Project Account Name
Project Name
**None**
**None**
**None**
CSA152E
CSA 152 Expenses
CSA 152 Project Tracking
Grand Total:
492.03
Expense Amount
479.03
13.00
*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.
6/10/2024 2:56:43 PM Page 2 of 2
389
City of La Quints
Demand Register
Packet: APPKT03802 - 05/10/2024 SOCAL GAS
Vendor Name
Payment Number
Description (Item)
Account Name
Account Number
Amount
Fund: 101-GENERAL FUND
THE GAS COMPANY
213878
03/20-04/18/24 - FS #32 GAS SVC
Gas - Utilities
101-2002-61100
48.52
THE GAS COMPANY
213878
03/20-04/18/24 - CH GAS SVC
Gas - Utilities
101-3008-61100
16.29
THE GAS COMPANY
213878
10/19/23-04/18/24 - FB POOL GAS SVC
Gas -Utilities FB Pool
101-3005-61100
26,792.30
THE GAS COMPANY
213878
03/20-04/18/24 - WC GAS SVC
Gas - Utilities
101-3008-61100
133.11
THE GAS COMPANY
213878
03/27-04/25/24 - FS #93 GAS SVC
Gas - Utilities
101-2002-61100
97.16
Fund 101- GENERAL FUND Total:
27,087.38
Fund: 202 - LIBRARY & MUSEUM FUND
THE GAS COMPANY
213878
03/20-04/18/24 - LIBRARY GAS SVC
Gas - Utilities
202-3004-61100
16.01
Fund 202 - LIBRARY & MUSEUM FUND Total:
16.01
Fund: 501- FACILITY & FLEET
REPLACEMENT
THE GAS COMPANY
213878
04/2024 SWEEPER FUEL
Street Sweeper
501-0000-60678
13.18
THE GAS COMPANY
213878
03/2024 - SWEEPER FUEL
Street Sweeper
501-0000-60678
13.09
Fund 501- FACILITY & FLEET REPLACEMENT Total:
26.27
Grand Total:
27,129.66
6/10/2024 2:56:05 PM Page 1 of 2
390
Demand Register
Packet: APPKT03802 - 05/10/2024 SOCAL GAS
Fund Summary
Fund Expense Amount
101- GENERAL FUND 27,087.38
202 - LIBRARY & MUSEUM FUND 16.01
501- FACILITY & FLEET REPLACEMENT 26.27
Grand Total:
27,129.66
Account Summary
Account Number
Account Name
Expense Amount
101-2002-61100
Gas - Utilities
145.68
101-3005-61100
Gas -Utilities FB Pool
26,792.30
101-3008-61100
Gas - Utilities
149.40
202-3004-61100
Gas - Utilities
16.01
501-0000-60678
Street Sweeper
26.27
Grand Total:
27,129.66
Project Account Summary
Project Account Key
Project Account Name
Project Name Expense Amount
**None**
**None**
**None** 27,103.39
CSA152E
CSA 152 Expenses
CSA 152 Project Tracking 26.27
Grand Total:
27,129.66
*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.
6/10/2024 2:56:05 PM Page 2 of 2
391
City of La Quints
Vendor Name Payment Number Description (Item)
Fund: 101-GENERAL FUND
THE GAS COMPANY
214037
04/18-05/17/24 - FS #32 GAS SVC
THE GAS COMPANY
214037
04/18-05/17/24 - CH GAS SVC
THE GAS COMPANY
214037
04/18-05/17/24 - FB POOL GAS SVC
THE GAS COMPANY
214037
04/18-05/17/24 - WC GAS SVC
THE GAS COMPANY
214037
04/25-05/24/24 - FS #93 GAS SVC
Fund: 202 - LIBRARY & MUSEUM FUND
THE GAS COMPANY
214037
04/18-05/17/24 - LIBRARY GAS SVC
Demand Register
Packet: APPKT03820 - 05/31/2024 SOCAL GAS JB
Account Name
Account Number
Amount
Gas - Utilities
101-2002-61100
34.36
Gas - Utilities
101-3008-61100
14.41
Gas -Utilities FB Pool
101-3005-61100
830.46
Gas - Utilities
101-3008-61100
89.57
Gas - Utilities
101-2002-61100
91.23
Fund 101- GENERAL FUND Total:
1,060.03
Gas - Utilities
202-3004-61100
14.41
Fund 202 - LIBRARY & MUSEUM FUND Total:
14.41
Grand Total:
1,074.44
6/10/2024 2:55:08 PM
Page 1 of 2
392
Demand Register
Packet: APPKT03820 - 05/31/2024 SOCAL GAS 1B
Fund Summary
Fund
101-GENERAL FUND
202 - LIBRARY & MUSEUM FUND
Expense Amount
1,060.03
14.41
Grand Total: 1,074.44
Account Summary
Account Number
Account Name
Expense Amount
101-2002-61100
Gas - Utilities
125.59
101-3005-61100
Gas -Utilities FB Pool
830.46
101-3008-61100
Gas - Utilities
103.98
202-3004-61100
Gas - Utilities
14.41
Grand Total:
1,074.44
Project Account Summary
Project Account Key
Project Account Name
Project Name
**None**
**None**
**None**
Grand Total:
1,074.44
Expense Amount
1,074.44
*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.
6/10/2024 2:55:08 PM Page 2 of 2
393
394
BUSINESS SESSION ITEM NO. 1
City of La Quinta
CITY COUNCIL MEETING: June 18, 2024
STAFF REPORT
AGENDA TITLE: APPROVE MEMORANDUM OF UNDERSTANDING WITH COUNTY
OF RIVERSIDE FOR LIBRARY, MUSEUM, AND MAKERSPACE MANAGEMENT
RECOMMENDATION
Approve Memorandum of Understanding with County of Riverside for Library, Museum,
and Makerspace management.
EXECUTIVE SUMMARY
• The City has a Memorandum of Understanding (MOU) with the County of Riverside
(County) to manage the La Quinta Library (Library), Makerspace, and La Quinta
Museum (Museum). The current agreement and subsequent amendments expire
June 30, 2024.
• The proposed 5-year MOU (Attachment 1) will continue services from fiscal year
(FY) 2024/25 through 2028/29.
FISCAL IMPACT
Cost of Library, Museum, and Makerspace management for FY 2024/25 is $1,334,045.
A 3% increase is added to each remaining year of the agreement to account for increased
costs to operate and staff the facilities. Funds are available in the County Government
revenue account (202-0000-41720). Proposed compensation is as follows:
Library, Makerspace, and Museum Management
Facility
FY 2024125
FY 2025/26
FY 2026/27
FY 2027/28
FY 2028129
Library
Management
$927,000
$954,810
$983,454
$1,012,957
$1,043,345
Museum
Management
$221,450
$228,093
$234,936
$241,984
$249,243
Makerspace
Management
$185,595
$191,163
$196,898
$202,805
$208,889
Total
$1,334,045
$1,374,066
$1,415,288
$1,457,746
$1,501,477
395
BACKGROUND/ANALYSIS
The County collects about $3 million annually in library tax credits for the Library,
Makerspace, and Museum. Since 2004, the City has contracted with the County to
manage the Library and the MOU has since been amended to include Museum and
Makerspace management. The MOU provides for the County to contract management
services with Library Systems and Services Inc. (LSSI) who oversees day-to-day
operations, programming, and events. The current MOU expires June 30, 2024.
The proposed MOU, if approved, will continue to allow the City to work with the County
on direct purchasing processes for LSSI to access the funding allocations that the City
has provided for cultural programs/events/exhibits, operating supplies, and equipment
maintenance for Makerspace. This streamlined process will then allow the County to bill
the City for these funds as part of the regular quarterly bill cycle. The City will also continue
to work with the County on facility improvements (including furniture, fixtures, and
shelving), and new programs/exhibits.
ALTERNATIVES
Council may modify and/or deny the MOU with the County.
Prepared by: Michael Calderon, Community Services Management Analyst
Approved by: Christina Calderon, Community Services Deputy Director
Attachment: 1. Riverside County MOU
ATTACHMENT 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
MEMORANDUM OF UNDERSTANDING (MOU)
TERMS AND CONDITIONS TO PROVIDE MANAGEMENT
AND OPERATIONS OF THE LA QUINTA BRANCH LIBRARY
AND THE LA QUINTA MUSEUM
This Memorandum of Understanding ("MOU") is made and entered into by and between
the COUNTY OF RIVERSIDE, a political subdivision of the State of California ("COUNTY"),
and the CITY OF LA QUINTA, a California municipal corporation ("City").
RECITALS
WHEREAS, the COUNTY has entered into an agreement with Library Systems &
Services, LLC, a Maryland limited liability company ("LSS"), for contracted services for the
Riverside County Library System ("RCLS") for the provision of library services; and
WHEREAS, the City and COUNTY desire to enhance the delivery of library and museum
services within the City, and have reached an agreement that they wish to set forth in writing in
the form of this MOU.
NOW THEREFORE, for good and valuable consider, the receipt and adequacy of which
are hereby acknowledged, the City and COUNTY hereby agree as follows:
SECTION 1: TERM
This MOU shall take effect on July 1, 2024, and shall remain in effect through and
including June 30, 2029 (the "Term"). The City or COUNTY may request an extension of this
MOU with modified terms. If either the City or COUNTY desires to extend the Term of this MOU
on modified terms, the City and County shall negotiate in good faith to extend this MOU. Unless
otherwise agreed to by the City and COUNTY, any extension to this MOU would use the then
existing service levels, building size, etc. as the floor of acceptable standards for the future library
and museum service. The City fully reserves its rights to withdraw from the RCLS and/or
management contract of museum pursuant to existing laws and regulations, effective with the
Page 1 of 14
397
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
expiration of this MOU or subsequent extensions. Any extension(s) shall be memorialized by
written amendment.
SECTION 2: HOURS OF OPERATION — LA QUINTA BRANCH LIBRARY
During the Term of this MOU, the La Quinta Branch Library, located at 78-275 Calle
Tampico ("La Quinta Library" or "La Quinta Branch Library"), shall be open: a minimum of seven
(7) days per week, including four (4) evenings; and be open a minimum of fifty-two (52) hours
per week.
2.1 HOURS OF OPERATION — LA QUINTA MUSEUM
Using contract staff provided by LSS, the County will provide forty (40) hours per week
of management services to the City for the purpose of operating the La Quinta Museum.
SECTION 3: LIBRARY COLLECTION
The City has elected to purchase additional collections and materials for use at La Quinta
Library. Upon prior written approval and authorization by the City, City agrees to reimburse the
County for County's actual costs of purchasing additional new library materials for La Quinta
Library from the City's Library Fund, in a total amount not to exceed $120,000.00 per year
("Library Collection Not to Exceed Amount"). Library materials purchased with City Library
monies shall be and remain the property of City. In the event that the City withdraws from the
RCLS, these library materials purchased with City Library Funds shall remain the property of the
City. The City shall participate in the acquisition determinations of collection materials through
LSS. Collection materials purchased for the La Quinta Branch Library shall be the property of the
City and be housed at the La Quinta Branch Library. Such collection materials shall not be
permanently transferred or moved from the La Quinta Library without the expressed written
consent of the City.
Page 2 of 14
398
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
City shall allocate from the $120,000 Library Collection Not to Exceed Amount, as defined
in the preceding paragraph, the amount of $20,000 to be used for Library Community and Cultural
Programming and Events.
SECTION 4: LIBRARY FUNDING AND SERVICE
COUNTY, through LSS, shall work cooperatively with the City to identify funding/grant
opportunities for various programs and services connected with the library facility.
COUNTY shall have a minimum of one (1) Librarian holding a Master's Degree in Library
Sciences serving full-time at the La Quinta Branch Library. COUNTY and City will work together
on appropriate: A) staffing levels, B) hours of operation, and C) levels of service; all commensurate
with the needs of the 20,000 square -foot library. Final determination on A, B, and C shall be at
the sole discretion of the City based upon input of COUNTY and LSS.
During each fiscal year, COUNTY shall expend one hundred percent (100%) of City
Library Revenues (defined below) on library services at the La Quinta Library until the end of that
fiscal year, when any remaining City Library Revenues shall be allocated to the City Library Fund
(defined below) pursuant to this MOU.
Notwithstanding any provisions in the MOU to the contrary, City's obligation to provide
library revenues from any funding source whatsoever shall be subject to City's annual budget and
appropriation process for each fiscal year, and, for each fiscal year during the Term, shall not
exceed the following amounts for the following services (the "City Library Revenues"):
(1) For Library Management, City's obligation shall not to exceed the lesser of either
(a) $927,000.00, of which no more than $206,000.00 is to be used or attributed to COUNTY
overhead costs, or (b) the income and revenues available to the City for Library Management
services at the La Quinta Library in the fiscal year, with an annual escalator of three percent (3%)
per fiscal year for each remaining fiscal year; and
Page 3 of 14
399
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(2) For Library Materials, City's obligation not to exceed the lesser of either (a)
$120,000.00, or (b) the income and revenues available to the City for Library Materials at the La
Quinta Library in the fiscal year.
For purposes of this MOU, "Library Management" means staffing, use of utilities,
customer service and check out, reference and research services, collection and circulation
services, and year round library programs appropriate for all ages, "Library Materials" means
books, e-books, audio books, DVDs and all other types of publications in whatever media that
may be used in the La Quinta Library as determined by City and consistent with the provisions in
Section 3 of this MOU. In explanation of the foregoing library revenues, estimated expenditures
including staffing, utilities, collections and materials for Fiscal Year 2024/2025 are $927,000,
including estimated COUNTY operating expenditures for Fiscal Year 2024/2025 of $206,000.00,
with an annual escalator of three percent (3%) per fiscal year for each remaining fiscal year, and,
in no event shall City incur any liability under this MOU exceeding income and revenues provided
for any fiscal year during the Term of this MOU. COUNTY shall allocate applicable COUNTY
operating expenses for the La Quinta Library.
At the end of each fiscal year during the Term of the MOU, once all City Library Revenues
are paid or deducted for COUNTY -incurred expenses pursuant to this MOU, one hundred percent
(100%) of the remaining balance of the library revenues from that fiscal year shall be transferred
to the City Library Fund, maintained and administered by City (the "City Library Fund")
COUNTY shall present said expenses to the City for review prior to transferring funds to the City
Library Fund. The first transfer to the City Library Fund shall be made by February 15 of each
fiscal year. A second transfer will be made by August 15 of the fiscal year immediately subsequent
to the prior fiscal year. A final reconciliation and payment shall be completed by September 30 of
the fiscal year immediately subsequent to the prior fiscal year to allow for any year-end fiscal
closing procedures of either City or COUNTY related to the prior fiscal year. Late transfers or
Page 4 of 14 400
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
payments by COUNTY to the City Library Fund shall result in the City charging COUNTY
interest, at the City pooled rate during the time of delinquency, based on the amount of the payment
and the number of days the payment is late. Once deposited, the funds in the City Library Fund
shall be the sole property and shall be under the exclusive control of the City. The City shall have
the right, at its sole discretion, to withdraw and use the moneys in the City Library Fund on any
and all library -related expenditures including, but not limited to: (1) reimbursement for any City -
paid cost and expense for the La Quinta Branch Library, including but not limited to perimeter
landscape installation, maintenance or replacement, lighting, custodial services, utilities,
maintenance, replacement, and repair expenses relating to the La Quinta Branch Library, including
replacement funds; (2) artwork or other enhancement expenditure in or around the La Quinta
Branch Library; and (3) any and all other library -related expenses as deemed appropriate by the
City.
In the event that State Library revenues decrease significantly, City and County reserve the
right to revisit and/or renegotiate this MOU.
SECTION 5: MUSEUM SCOPE OF WORK
5.1 Using contract staff provided by LSS, the County shall provide forty (40) hours per
week of management services to City for the purpose of operating the La Quinta Museum located
at 77-885 Avenida Montezuma ("La Quinta Museum"). COUNTY shall provide a museum
manager who shall have a Bachelor of Science in Museum Management or closely related field
(such as History, Humanities) (the "Museum Manager"), who shall have expertise in the following
areas:
a) Local history
b) Cultural programming
c) Facilities management
d) Personnel management
Page 5 of 14
401
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
e) Budgeting
f) Community Relations
g) Outreach and volunteers coordination
h) Customer Services
i) Working with numerous outside organizations
5.2 During the period of management the Museum Manager shall perform the
following tasks:
a) Onsite management of the daily operations of the Museum forty (40)
hours per week
b) Hire and manage the Museum staff
c) Direct special projects, including the installation of special exhibits
d) Stewardship of the assets of the Museum and museum collections
e) Represent the Museum to the public, press, local government, local
history groups, and other organizations and individuals
f) Manage the work of museum volunteers
g) Publicize and promote museum activities, programs and exhibits
h) Advise the City on matters pertaining to the operation of the Museum
i) Other tasks associated with the operation of the Museum as required
by the City
5.3 The Museum Manager provided by LSS shall report to the City's Director of
Community Services. The Museum Manager shall meet and coordinate with the City's Director
of Community Services on an as needed basis. While the day-to-day operations of the Museum
shall be carried out by the Museum Manager, the overall management of the Museum shall be
under the direction of the City Manager appointee.
SECTION 6: MUSEUM EXPENSES
Page 6 of 14
402
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
6.1 The parties acknowledge and agree that monies from the City Library Fund shall
be used for all Museum operating expenses, including the payment of the fee outlined in Section
7, below.
6.2 The Museum Manager shall work with the City Manager or City
Manager appointee to prepare an annual operating budget and maintain expenses within the
budget.
6.3 Any sales from the museum store and admissions will be deposited into the La
Quinta Museum revenue accounts maintained and administered by City (the "Museum revenue
accounts") and shall be the sole property of the City. All expenses for inventory of the store shall
be included within the approved operating budget. All pricing for museum store items will be
approved by the City's Director of Community Services.
SECTION 7: MUSEUM FEE SCHEDULE
Notwithstanding any provisions in the MOU to the contrary, City's obligation to provide
museum management revenues from any funding source whatsoever shall be subject to City's
annual budget and appropriation process for each fiscal year and, for each fiscal year during the
Term, shall not exceed (the "Museum Not to Exceed Amount") the lesser of either (a)
$221,450.00, or (b) the income and revenues available to the City for museum management
services at the La Quinta Museum in the fiscal year ("City Museum Management Revenues"). In
explanation of the foregoing, the total cost of museum management will be approximately
$221,450.00 for FY 24-25 with an annual escalator of three percent (3%) per fiscal year for the
remaining fiscal years, and, in no event shall City incur any liability under this MOU exceeding
income and revenues provided for any fiscal year during the Term of this MOU.
City Museum Management Revenues shall be used by COUNTY for employment of the
Museum Manager and by City for costs of administration of the La Quinta Museum incurred by
City, including for time allocated to such administration by the Deputy City Manager or an
Page 7 of 14 403
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
appointee of the City Manager. CITY shall allocate from the Museum Not To Exceed Amount,
the amount of $20,000.00 to be used for Museum Community and Cultural Programming and
Events. COUNTY shall deliver invoices or bills to City for museum management services
authorized under this MOU; provided, however, that City's obligation to pay COUNTY for any
bill or invoice is subject to the maximum amount of City Museum Management Revenues
authorized for a fiscal year pursuant to this MOU. This cost assumes all contract staff and
operational expenses for the museum.
City shall be responsible for landscape maintenance, custodial services, replacement or
maintenance of lighting, utilities, and repair or replacement relating to the museum.
SECTION 8: MAKERSPACE FEE SCHEDULE
Notwithstanding any provisions in the MOU to the contrary, CITY's obligation to provide
Makerspace Management revenues from any funding source whatsoever shall be subject to
CITY's annual budget and appropriation process for each fiscal year and, for each fiscal year
during the Term, shall not exceed (the "Makerspace Not To Exceed Amount") the lesser of either
(a) $185,595.00, or (b) the income and revenues available to CITY for Makerspace Management
services at the Makerspace in the fiscal year ("Makerspace Revenue(s)"). In explanation of the
foregoing, the total cost of Makerspace Management will be approximately $185,595.00 for FY
24-25 with an annual escalator of three percent (3%) per fiscal year for each remaining fiscal year,
but in no event shall CITY incur any liability under this MOU exceeding the Makerspace revenues
available in any fiscal year during the Term of this MOU.
CITY Makerspace revenues shall be used by COUNTY for employment of the Makerspace
Manager, additional technical staff, and by CITY for costs of administration of the Makerspace
incurred by CITY, including time allocated to such administration by City Manager or their
appointee. COUNTY shall deliver invoices or bills to CITY for Makerspace Management services
authorized under this MOU; provided, however, that CITY's obligation to pay COUNTY for any
Page 8 of 14
404
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
bill or invoice is subject to the maximum amount of CITY Makerspace Management revenues
authorized for a fiscal year pursuant to this MOU. This cost assumes all contract staff and
operational expenses for the Makerspace.
CITY shall be responsible for landscape maintenance, replacement or maintenance of
lighting, utilities, and repair or replacement to the Makerspace.
CITY shall allocate from the Makerspace Not to Exceed Amount, as defined above, the
amount of $10,000.00 to be used for Makerspace Operating Supplies and the amount of $5,000.00
to be used for Equipment Maintenance.
SECTION 9: REPORTS/MEETINGS
COUNTY shall provide City staff quarterly reports appropriate for City Council review.
The reports shall be comprehensive and include a status on important library and museum matters
such as MOU payment schedule, all related expenditures, collections, programs, service levels,
and other matters of interest. Quarterly reports shall be due on or about the following dates:
September 15, December 15, March 15, and June 15 of each fiscal year of this MOU. In addition,
the County Librarian or his/her designee shall attend quarterly meetings at a mutually agreed upon
time with City Hall to review submitted reports before City staff forwards such reports to City
Council.
SECTION 10: CITY WITHDRAWAL FROM COUNTY LIBRARY SYSTEM;
STATUS OF LIBRARY COLLECTION, FURNISHINGS, FURNITURE, ETC.
10.1 All items purchased with City revenues (including City Library Revenues and City
Museum Management Revenues) shall be the sole property of the City. In addition, if the City
decides at a future date to withdraw from the RCLS, City shall be granted the ownership of the
then existing collection, equipment, furniture, or furnishings or for any collection materials,
equipment, furniture or furnishing purchased prior to or during the term of this MOU for use at the
La Quinta Branch Library.
Page 9 of 14
405
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
City and COUNTY have agreed that in recognition of the City of La Quinta's contributions
to the RCLS, over the past years, City will be given full credit for the value of the library collection
and equipment and will be granted ownership of the then existing collection and equipment
without additional payment.
10.2 To ensure seamless access to the City's library collection by RCLS patrons, if the
City withdraws from the RCLS at the expiration of this MOU, City will strongly consider options
to link its automated collection management system with COUNTY'S either (i) by contracting
with COUNTY for operation of the City's system, or (ii) by the City paying all costs to establish
a fully interactive link between the City's automated system and COUNTY'S system.
10.3 If the City withdraws from the RCLS at the expiration of this MOU, the City will
endeavor to become a member of the Inland Library System preserving their citizens' access to
holdings in other public libraries in the Inland area (and vice versa).
SECTION 11: DEFAULT OF COUNTY
11.1 Pursuant to the terms of this MOU, COUNTY'S failure to comply with the
provisions of this MOU shall constitute a default. In the event that COUNTY is in default under
the terms of the MOU, City shall have no obligation or duty to continue compensating COUNTY
for any work performed after the date of default and can terminate this MOU immediately by
written notice to COUNTY. If such failure by COUNTY to make progress in the performance of
work hereunder arises out of causes beyond COUNTY'S control, and without fault or negligence
of COUNTY, it shall not be considered a default.
11.2 If the City Manager or designee determines that COUNTY is in default in the
performance of any of the terms of conditions of this MOU, City shall serve COUNTY with written
notice of the default. COUNTY shall have (10) business days after service upon it of said notice
in which to cure the default by rendering a satisfactory performance. In the event that COUNTY
fails to cure its default within such period of time, City shall have the right, notwithstanding any
Page 10 of 14 406
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
other provision of this MOU, to terminate this MOU without further notice and without prejudice
to any other remedy to which it may be entitled at law, in equity or under this MOU.
SECTION 12: INDEMNIFICATION AND HOLD HARMLESS
12.1 Indemnification by City. City shall indemnify and hold COUNTY, LSS, their
officers, agents, employees and independent contractors free and harmless from any claim or
liability whatsoever, based or asserted upon any act or omission of City, it officers, agents,
employees, volunteers subcontractors, or independent contractors, for property damage, bodily
injury or death, or any other element of damage of any kind or nature arising out of the performance
of this MOU to the extent that such liability is imposed on COUNTY by the provisions of
California Government Code Section 895.2 or other applicable law, and City shall defend at its
expense, including attorney fees, COUNTY, LSS, their officers, agents, and employees and
independent contractors in any legal action or claim of any kind based upon such alleged acts or
omissions.
12.2 Indemnification by COUNTY. COUNTY shall indemnify and hold City, its
officers, agents, employees and independent contractors free and harmless from any claim or
liability whatsoever, based or asserted upon any act or omission of COUNTY, LSS, their officers,
agents, employees, volunteers, subcontractors, or independent contractors, for property damage,
bodily injury or death, or any other element of damage of any kind or nature arising out of the
performance of this MOU to the extent that such liability is imposed on City by the provisions of
California Government Code Section 895.2 or other applicable law, and COUNTY shall defend at
its expense, including attorney fees, City, its officers, agents, employees and independent
contractors in any legal action or claim of any kind based upon such alleged acts or omissions.
SECTION 13: INSURANCE
Page 11 of 14
407
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Both COUNTY and City maintain programs of self-insurance. In the event either party
shall cease such program, then that party shall be required to procure insurance which would be
typical for its obligations under this MOU.
SECTION 14: NOTICES
Any notices which either party may desire to give to the other party under this MOU must
be in writing and may be given either by (i) personal service (ii) delivery by reputable document
delivery service, such as but not limited to, Federal Express, that provides a receipt showing the
date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid,
return receipt requested, addressed to the address of the party as set forth below or at any other
address as that party may later designate by Notice. Notice shall be effective upon delivery to the
addresses specified below or on the third business day following deposit with the document
delivery service or United States Mail as provided above.
To City: City of La Quinta
Mailing Address:
78-495 Calle Tampico
La Quinta, California 92247-1504
Attn: Community Services Director
To County: County of Riverside
3403 101h Street, Suite 400
Riverside, CA 92501
Attn: COUNTY Library Administrator
SECTION 15: COMPLETE AGREEMENT
Notwithstanding the foregoing, it is intended that this MOU sets forth the full and entire
understanding of the parties regarding the matters set forth herein.
Any agreement, alteration, understanding, variation, waiver, or modification of any of the
terms or provisions contained herein shall not be binding upon the parties hereto unless made and
Page 12 of 14
408
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
executed in writing by all parties hereto, and if required, approved, and implemented by the La
Quinta City Council and the County Board of Supervisors.
The waiver of any breach, term, or condition of this MOU by either party shall not
constitute a precedent in the future enforcement of all its terms and provisions.
The invalidity of any provision in this MOU as determined by a court of competent
jurisdiction shall in no way affect the validity of any other provision hereof.
This Agreement may be executed in any number of counterparts, each of which will be an
original, but all of which together will constitute one instrument. Each party of this Agreement
agrees to the use of electronic signatures, such as digital signatures that meet the requirements of
the California Uniform Electronic Transactions Act (("CUETA") Cal. Civ. Code §§ 1633.1 to
1633.17), for executing this Agreement. The parties further agree that the electronic signatures of
the parties included in this Agreement are intended to authenticate this writing and to have the
same force and effect as manual signatures. Electronic signature means an electronic sound,
symbol, or process attached to or logically associated with an electronic record and executed or
adopted by a person with the intent to sign the electronic record pursuant to the CUETA as
amended from time to time. The CUETA authorizes use of an electronic signature for transactions
and contracts among parties in California, including a government agency. Digital signature means
an electronic identifier, created by computer, intended by the parry using it to have the same force
and effect as the use of a manual signature, and shall be reasonably relied upon by the parties. For
purposes of this section, a digital signature is a type of "electronic signature" as defined in
subdivision (i) of Section 1633.2 of the Civil Code.
Any action at law or in equity brought by either of the parties hereto for the purpose of
enforcing a right or rights provided for by this MOU shall be tried in a court of competent
jurisdiction in the County of Riverside, State of California, and the parties hereby waive all
provisions of law providing for a change of venue in such proceedings to any other county.
Page 13 of 14
409
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
The MOU is hereby executed and/or ratified by and between the following authorized
representatives of the City and County.
IN WITNESS WHEREOF, County and City have caused this MOU to be duly executed
this day of , 2024.
COUNTY OF RIVERSIDE:
By:
Chuck Washington, Chairman
Board of Supervisors
ATTEST:
Kimberly A. Rector
Clerk of the Board
By:
Deputy
APPROVED AS TO FORM:
Minh C. Tran
County Counsel
By:
Ryan Yabko
Deputy County Counsel
CITY OF LA QUINTA:
By:
Jon McMillen, City Manager
ATTEST:
Monika Radeva
City Clerk
By:
Clerk
APPROVED AS TO FORM:
LOW
William H. Ihrke, City Attorney
Page 14 of 14
410
BUSINESS SESSION ITEM NO. 2
City of La Quinta
CITY COUNCIL MEETING: June 18, 2024
STAFF REPORT
AGENDA TITLE: APPROVE COMMUNITY AWARDS PROGRAM CRITERIA AND
APPLICATIONS
RECOMMENDATION
Approve Community Awards Program criteria and applications.
EXECUTIVE SUMMARY
• In 2001, Council established the Pillars of the Community, Distinguished Artists,
and Distinguished Athletes awards programs (Awards).
• In an effort to enhance the Awards, the Arts and Community Services Commission
(ACSC) recommended revisions to the Awards process, criteria, and applications.
• If approved, staff will promote the new Awards accordingly and encourage
community members to submit applications.
FISCAL IMPACT — None.
BACKGROUND/ANALYSIS
In 2001, Council approved the criteria for the City's Awards programs. After several years
of implementing the Awards, the ACSC noticed a decline in nominations and a general
lack of interest in the Awards.
In June 2022, ACSC formed a subcommittee to assess the Awards criteria, review the
process for obtaining nominations, and identify opportunities for enhancements. The
subcommittee presented their recommendations to the ACSC and then to Council as a
Study Session in September 2023. On December 11, 2023 the ACSC discussed new
Awards criteria and reached a consensus to recommend the changes to Council.
Incorporating input from Council and the ACSC, staff has developed updated Awards
criteria (Attachment 1). Significant changes to the Awards criteria and process include:
• Modifications to Pillar of the Community eligibility
• Establishment of the Distinguished Citizen, Junior Inspiration/Youth Achievement,
and Community Service Award
• Guidelines for recognition processes
411
Additionally, the Awards applications were updated to reflect the new criteria and include
new questions regarding Award nominators (Attachment 2).
On May 20, 2024 the ACSC reached a consensus to recommend the updated Awards
applications to Council. By revamping the Awards and increasing outreach efforts, the
ACSC hopes to restore interest and generate a pool of candidates eligible for the various
levels of recognition. If approved, staff will promote the updated Awards and encourage
community members to submit applications.
ALTERNATIVES
Council may modify and/or deny the criteria and/or applications.
Prepared by: Michael Calderon, Community Services Management Analyst
Approved by: Christina Calderon, Community Services Deputy Director
Attachments: 1. Awards Criteria
2. Awards Applications
412
ATTACHMENT 1
City of La Quanta
VQa&&a
i"Al.IFUR3rIA
Community Awards Programs
The City of La Quinta's community awards programs were developed to recognize the
individuals who have made significant impacts in La Quinta through their acts of service,
kindness, leadership, and dedication to serving the community. Citizens are encouraged to
nominate individuals they feel are deserving of these awards based on the criteria listed below.
Nominees are assessed and reviewed on a case -by -case basis and awarded at the discretion
of City staff, Arts and Community Services Commission (ACSC), and/or City Council. The City
of La Quinta reserves the right to approve or deny any and all awards nominees.
Pillar of the Community
Qualifications:
1. Candidates must be or have been a resident of La Quinta for a minimum of three (3) years.
2. Candidates must have dedicated a minimum of three (3) years of service to the community of
La Quinta in one or more of the following areas:
Community Engagement & Leadership — Taking part and/or leading efforts to
improve the local community and address community issues.
Volunteer Efforts & Philanthropy — Donation of time or services to local
organizations including nonprofits, charities, schools, animal shelters, senior
centers, sports leagues, churches, and/or youth organizations.
Public service — Employment or involvement in public service fields including
education, law enforcement, emergency services, healthcare, and/or local
government.
Recognition Process:
• Nominations are accepted year-round.
• SIA (Senior Inspiration Awards) recipients are not automatically inducted as Pillars
of the Community.
• Candidates may have received prior recognition from the City in one or more of the
following areas:
o Distinguished Citizen Award
o Community Services Award
o Junior Inspiration/Youth Achievement Award
• Nominees are vetted by City staff, recommended by ACSC, and approved by City
Council.
• Recipients are presented with an award and/or plaque during a special Pillars of
the Community Ceremony in the City Hall Council Chamber.
• Recipient names are permanently added to the perpetual plaque located in the City
Hall lobby.
• Recipients are acknowledged at the City Picnic, and/or additional City Events.
Page 1 of 4
413
Recipients are featured on the City's social media and mentioned in The Gem
community magazine.
Recognition Timeframe (subject to change):
June — Nominees reviewed by ACSC
July — Nominees approved/denied by City Council
September — Pillars of the Community Ceremony
Junior Inspiration & Youth Achievement Award
Qualifications:
1. Candidates must be five (5) to eighteen (18) years of age.
2. Candidates must be or have been a La Quinta resident or attended a La Quinta school
(public, private, or homeschool) for a minimum of one (1) year.
3. Candidates must have contributed significantly to the community of La Quinta. Examples
may include:
• Academic Achievement — Accomplishments attained in an academic setting
include outstanding test scores, research outcomes, scholarships, academic
honors, and/or continued education.
• Acts of Kindness or Service — Helping others, organizing fundraisers, planting
trees, leading a community clean-up event, and/or any other acts of selfless
service that positively impact the community.
• Artistic Achievement — Accomplishments in the field of visual, literary, or
performing arts including awards, scholarships, productions, and overall
achievements in the arts.
• Athletic Achievement — Accomplishments in the field of sports including
outstanding athletic performance (team or individual), scholarships, and/or
tournament/championship game performances.
• Community Engagement & Leadership — Taking part and/or leading efforts to
improve the local community and address community issues. Help to build self-
esteem and be a good role model for their peers.
• Volunteer Efforts — Donation of time or services to local organizations including
nonprofits, charities, schools, animal shelters, senior centers, sports leagues,
churches, and/or youth organizations.
Recognition Process:
• Nominations are accepted year-round.
• Nominees are vetted by City staff and chosen by ACSC.
• Recipients are presented with an award/certificate during a City Council meeting.
To allow for instantaneous recognition, recipients will be honored at a Council
Page 2 of 4
414
ta
meeting immediately following the ACSC meeting during which they were
approved for the award.
• Recipients are acknowledged at the City Picnic, and/or additional City Events.
• Recipients are acknowledged on the City's social media.
Distinguished Citizen
Qualifications:
1. Candidates must be or have been a resident of La Quinta for a minimum of one (1) year.
2. Candidates must have contributed to the community of La Quinta and/or Coachella Valley
through their acts of service or involvement with community organizations, athletics, or the
local art scene. Examples may include:
• Volunteering or involvement with nonprofits, charities, schools, animal shelters, food
banks, senior centers, etc.
• Coaches, referees, professional/collegiate athletes, involvement with youth sports
organizations, etc.
• Painters, sculptors, performing artists, musicians, writers, etc.
Recognition Process:
• Nominations are accepted year-round.
• Nominees are vetted by City staff, recommended by ACSC, and approved by City
Council.
• Recipients are presented with an award/plaque during a City Council meeting.
• Recipients are acknowledged at the City Picnic, and/or additional City Events.
• Recipients are acknowledged on the City's social media.
• Recipient names are engraved on the Distinguished Citizen/Artists & Athletes
monument in Civic Center Campus
Recognition Timeframe (subject to change
• June — Nominees reviewed by ACSC
• July — Nominees approved/denied by City Council
• September — Pillars of the Community Ceremony
Page 3 of 4
415
ta
Community Service Award
Qualifications:
1. Candidates must be a current resident of La Quinta for a minimum of one (1) year.
2. Candidates must have demonstrated acts of kindness or service to the community of La Quinta
through their time, actions, talents, or dedication. Examples may include:
• Leadership
• Social Responsibility
• Mentorship
• Positive Change
• Selfless Service to the Community
3. Candidates should serve as a role model for compassion and strive to make the
community of La Quinta a better place.
Recognition Process:
• Nominations are accepted year-round.
• Nominees are vetted by City staff and approved by ACSC.
• Recipients are presented with a certificate during a City Council meeting.
• Recipients are acknowledged at the City Picnic, and/or additional City Events.
• Recipients are acknowledged on the City's social media.
Page 4 of 4
416
ATTACHMENT 2
What is a Pillar?
For Questions please contact:
Michael Calderon
Email: mcalderon@laquintaca.gov
Phone: 760.777.7014
1. Candidates must be or have been a
resident of La Quinta for a minimum of
(3) three years.
2. Candidates must have dedicated a
minimum of (3) three years of service
to the community of La Quinta in one or
more of the following areas:
• Community Engagement &
Leadership - Taking part and/or
leading efforts to improve the local
community and address community
issues.
• Public Service -
Employment or involvement in public
service fields.
• Volunteer Efforts & Philanthropy -
Donation of time or services to local
organizations.
PILLAR OF THE
COMMUNITY
NOMINATION FORM
1. How has the candidate contributed
significantly to the community of La Quinta in
Name:
one or more of the following areas: volunteer
efforts and philanthropy, community
engagement and leadership, public service?
Address:
Email:
Phone:
Years of La Quinta residency:
Years of service to the Community of La Quinta:
2. List any La Quinta organizations that the
candidate is directly involved with. How long
Nominating Party:
has the candidate been associated with these
organizations and how has their involvement
benefited the community?
Name:
Email:
Phone:
Please answer the questions on the next
page and feel free to attach additional
sheets if necessary.
3. The Pillar of the Community is La Quinta's
highest honor for recognizing individuals who
have gone above and beyond to serve the
community. Explain in detail why the candidate
is deserving of the Pillar of the Community
Award, highlighting the specific impacts they
have made for the betterment of La Quinta.
418
Junior Inspiration and
Youth Achievement
For Questions please contact:
Michael Calderon
Email: mcalderon@laquintaca.gov
Phone: 760.777.7014
0
].Candidates must be five (5) to eighteen (18) years of age.
2. Candidates must be or have been a La Quinta resident
or attended a La Quinta school (public, private, or
homeschool) for a minimum of one (1) year.
3. Candidates must have contributed significantly to the
community of La Quinta. Examples may include:
• Academic Achievement -Accomplishments
attained in an academic setting include outstanding
test scores, research outcomes, scholarships,
academic honors, and/or continued education.
• Acts of Kindness or Service - Helping others,
organizing fundraisers, planting trees, leading a
community clean-up event, and/or any other acts of
selfless service that positively impact the
community.
• Artistic Achievement -Accomplishments in the field
of visual, literary, or performing arts including
awards, scholarships, productions, and overall
achievements in the arts.
• Athletic Achievement - Accomplishments in the
field of sports including outstanding athletic
performance (team or individual), scholarships,
and/or tournament/championship game
performances.
• Community Engagement & Leadership -Taking part
and/or leading efforts to improve the local
community and address community issues.
• Volunteer Efforts - Donation of time or services to
local organizations including nonprofits, charities,
schools, animal shelters, senior centers, sports
leagues, churches, and/or youth organizations.
JUNIOR INSPIRATION/YOUTH
ACHIEVEMENT AWARD
NOMINATION FORM
78495 Calle Tampico I La Quinta, CA 92253
Name:
Parent / Legal Guardian Signature:
Address:
Email:
Phone:
Years of La Quinta residency:
Years of service to the Community of La Quinta:
Name:
Relationship to Candidate:
Email:
Phone
Please answer the questions on the next
page and feel free to attach additional
sheets if necessary.
1. How has the candidate contributed to the
community of La Quinta in one or more of the
following areas: volunteer efforts, community
engagement and leadership, academic
achievement, athletic achievement, artistic
achievement, acts of kindness/service? be
specific.
2. How has the candidate demonstrated that
they are a leader and positive role model for
their peers?
3. List specific achievements the candidate has
earned and describe how these achievements
serve as inspiration to local youth.
La Quinta's Distinguished Citizens are
special individuals who have distinguished
themselves as community leaders through
their volunteer efforts, involvement with
local organizations, athletic achievements,
and/or achievements in the arts.
Recipients of the Distinguished Citizen
Award are recognized by the City during a
City Council meeting and their names are
permanently engraved on the
Distinguished Citizens Acknowledgement
Monument in Civic Center Park.
W (2a�&u
GEM of the DESERT -
Award Qualifications:
1. Candidates must be or have been a
resident of La Quinta for a minimum of
one (1) year.
2. Candidates must have contributed to
the community of La Quinta and/or
Coachella Valley through their acts of
service or involvement with
community organizations, athletics, or
the local art scene. Examples may
include:
• Volunteering or involvement with
nonprofits, charities, schools, animal
shelters, food banks, senior centers,
etc.
• Coaches, referees,
professional/collegiate athletes,
involvement with youth sports
organizations, etc.
• Painters, sculptors, performing
artists, musicians, writers, etc.
DISTINGUISHED
CITIZEN
NOMINATION FORM
78495 Calle Tampico I La Quinta, CA 92253
421
Candidate1
1. How has the candidate contributed to the
community of La Quinta or Coachella Valley
Name: through their acts of service or involvement
with community organizations, athletics, or
arts community?
Address:
Email:
Phone:
Years of La Quinta residency:
Years of service to the Community of La Quinta:
2. List any La Quinta/Coachella Valley
Party:Nominating organizations (nonprofits, schools, senior
centers, youth sports, etc.) that the candidate is
directly involved with and describe their role
within the organization(s).
Name:
Email:
Phone:
Please answer the questions on the next
page and feel free to attach additional
sheets if necessary.
3. Is there any additional information about the
candidate that should be considered?
422
Community Service Award
Recipients of the Community Service
Award have demonstrated leadership
and positive change through their acts
of kindness and selfless service to the
community. By recognizing these
exceptional individuals, the City hopes
to inspire local citizens to continue
doing their part to improve the lives of
La Quinta residents and visitors.
Recipients of the award are selected
by the Arts and Community Services
Commission and recognized during
a City Council meeting.
For Questions please contact:
Michael Calderon
Email: mcalderon@laquintaca.gov
Phone: 760.777.7014
W Q"&a
GEM of the DESERT — —
1. Candidates must be a current resident of
La Quinta for a minimum of one (1) year.
2. Candidates must have demonstrated
acts of kindness or service to the
community of La Quinta through their time,
actions, talents, or dedication. Examples
may include:
• Leadership
• Social Responsibility
• Mentorship
• Positive Change
• Selfless Service to the Community
3. Candidates should serve as a role model
for compassion and strive to make the
community of La Quinta a better place.
COMMUNITY
SERVICE AWARD
NOMINATION FORM
78495 Calle Tampico I La Quinta, CA 92253
Name:
Address
Email:
Phone:
Years of La Quinta residency:
Years of service to the Community of La Quinta:
Name
Email:
Phone:
Please answer the questions on the next
page and feel free to attach additional
sheets if necessary.
puestions: jM
1. Describe in detail how the candidate has
demonstrated acts of kindness or service to
the Community of La Quinta through their
time, actions, talents, and/or dedication (i.e.
Leadership, social responsibility, mentorship,
positive change, selfless service).
2. How has the candidate served as a role model
and/or demonstrated a commitment to making
La Quinta a better place?
3. List any notable incidents or actions the
candidate displayed to be considered for the
Community Service Award.
BUSINESS SESSION ITEM NO. 3
City of La Quinta
CITY COUNCIL MEETING: June 18, 2024
STAFF REPORT
AGENDA TITLE: INTRODUCE FOR FIRST READING AN ORDINANCE ADDING
CHAPTER 11.82 TO TITLE 11 OF THE LA QUINTA MUNICIPAL CODE
ESTABLISHING REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION
OF CATALYTIC CONVERTER(S)
RECOMMENDATION
A) Move to take up Ordinance No. by title and number only and waive further
reading.
B) Move to introduce at first reading Ordinance No. adding Chapter 11.82 to Title
11 of the La Quinta Municipal Code establishing regulations prohibiting the
unlawful possession of catalytic converter(s).
EXECUTIVE SUMMARY
• Catalytic converter thefts from automobiles over the past several years have been
on the rise due to, among other reasons, the ease of theft, profitability, and
legislation that may hamper prosecution.
• Currently, the City does not have its own catalytic converter regulations.
• County of Riverside and the Cities of Palm Desert, Indian Wells, Palm Springs, and
Cathedral City have recently adopted regulations prohibiting the illegal possession
of catalytic converters.
FISCAL IMPACT — None.
BACKGROUND/ANALYSIS
A catalytic converter is an exhaust emissions control device located between the exhaust
manifold and the muffler of an automobile. The purpose of a catalytic converter is to
convert most of a vehicle's emissions into less harmful byproducts, which ultimately
improves both air quality and vehicle performance. As part of their construction, catalytic
converters contain valuable materials such as platinum, palladium, and rhodium, some of
which are valued at several thousand dollars per ounce on the recyclables market.
425
Catalytic converter thefts have become a statewide problem causing many municipalities
to adopt regulations to combat these thefts. Catalytic converter thefts are on the rise due
to the ease and undetectable nature of committing these thefts, and ability to recycle
catalytic converters at scrap yards for $200 to $1,200 per stolen unit.
There were 51 catalytic converter thefts in La Quinta in 2022, and 38 thefts in 2023, with
the month of September spiking at 13 thefts. The financial burden on the residents of La
Quinta was approximately $133,000 in loss for both years.
State legislation has been enacted to address catalytic converter thefts, with a recent law,
Assembly Bill 641 (Stats. 2023, Ch. 537, Fong (AB 641)) intended to combat catalytic
converter thefts and unlicensed dismantling. AB 641 makes it unlawful to possess six or
more catalytic converters before enforcement can be initiated. Recognizing the scope of
the problem and the lack of effective state legislation, Riverside County adopted
Ordinance No. 987 making it a crime to illegally possess a single catalytic converter
without proof of ownership. Also, the Cities of Palm Desert, Indian Wells, Palm Springs,
and Cathedral City have recently adopted regulations prohibiting the illegal possession of
catalytic converters.
By criminalizing the possession of an unattached catalytic converter without proof of
ownership or lawful possession, the proposed Ordinance would combat thefts and
increase deterrence by establishing zero -tolerance through:
• Establishing criminal penalties for the possession of stolen catalytic converters.
• Prohibiting the falsification of information in documents and records used to verify
ownership or lawful possession of a catalytic converter.
• Preventing criminals from profiting from the sale and recycling of stolen catalytic
converters.
• Providing indirect justice to the victims of catalytic converter theft cases that have
gone unsolved.
• Minimizing the fiscal and personnel impact on the Riverside County Sheriff's
Department by reducing the time invested in deterring and investigating catalytic
converter thefts.
The proposed Ordinance would require "documentation" or "proof" to verify lawful
possession of catalytic converters, which may include the following:
• Bill of sale from the original owner with the signature of the vehicle owner
authorizing the removal of the catalytic converter, as well as the name, address,
and telephone number of the vehicle owner.
• Documentation from an auto -body shop or similar business proving that the owner
relinquished the catalytic converter to the auto -body shop or similar business.
• Verifiable electronic communication from the previous owner to the possessor
relinquishing ownership of the catalytic converter.
426
• Photographs of the vehicle from which the catalytic converter originated, clearly
showing the license plate number and vehicle identification number (VIN) of the
car from which the catalytic converter was removed.
The proposed Ordinance, if adopted, would make it unlawful to falsify or cause to be
falsified any information in any documentation or other proof intended to show valid proof
of ownership or possession of a catalytic converter.
ALTERNATIVES
Council may introduce the proposed Ordinance as submitted, or revise the proposed
regulations and introduce the Ordinance as revised.
Prepared by: Lisa Chastain, Management Analyst, Public Safety
Approved by: Martha Mendez, Public Safety Deputy Director
Attachment: 1. Riverside County Sheriff's Support Letter, dated May 7, 2024
427
ORDINANCE NO. XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, ADDING CHAPTER 11.82 TO
TITLE 11 OF THE LA QUINTA MUNICIPAL CODE,
ESTABLISHING REGULATIONS PROHIBITING THE
UNLAWFUL POSSESSION OF A CATALYTIC
CONVERTER(S)
WHEREAS, La Quinta citizens have experienced rising catalytic converter thefts
from automobiles over the past several years. In 2022, there were 51 catalytic converter
thefts in La Quinta, 38 thefts in 2023, with the month of September spiking at 13 thefts.
The financial burden on the residents of La Quinta was approximately $133,000 in loss
for both years; and
WHEREAS, currently, the City of La Quinta ("City") does not have applicable
regulation under the La Quinta Municipal Code to define and punish catalytic converter
thefts absent an identifiable victim; and
WHEREAS, currently, there is no City, State, or Federal legislation applicable
within the City of La Quinta requiring individuals discovered to be in possession of
detached catalytic converters to provide proof to law enforcement as to how they obtained
catalytic converters, thus limiting law enforcement's ability to: (1) protect the public by
preventing catalytic converter thefts; and (2) seize suspected stolen catalytic converters
when no victim is present; and
WHEREAS, the California legislature has enacted, and the Governor of California
has signed into law, Senate Bill 1087 [Stats. 2022, Ch. 514, SB 1087, Gonzalez] (SB
1087) and Assembly Bill 1740 [Stats. 2022, Ch. 513, AB 1740, Muratsuchi] (AB 1740),
which generally prohibit: (1) individuals from purchasing a used catalytic converter from
anyone other than certain specified sellers, including automobile dismantlers, automotive
repair dealers, or an individual possessing documentation, as specified, that they are the
lawful owner of the catalytic converter; and (2) requires core recyclers to keep a
detailed written record, including the year, make, and model of the car from which
a catalytic converter was removed, as well as a copy of the vehicle's title, prior to
purchasing a catalytic converter from a seller; and
WHEREAS, the California legislature has not expressed its intent, whether
explicitly or impliedly, to occupy the field of catalytic converter theft legislation; and
WHEREAS, pursuant to Article XI, Section 5 of the California Constitution, the City,
as a charter city, has broad discretionary power to make and enforce within its limits all
ordinances and regulations in respect to municipal affairs; and
WHEREAS, catalytic converter thefts have been on the rise for multiple reasons
including, but not limited to:
428
Ordinance No. XXX
Adding Chapter X.XX Catalytic Converter(s) to Title 11 of the La Quinta Municipal Code
Adopted: July , 2024
Page 2 of 7
(1) the ease and undetectable nature of committing such thefts, potentially in a
matter of seconds and through the use of common tools such as a reciprocating
saw;
(2) the ability to recycle catalytic converters at scrap metal yards for high dollar
returns ranging from $200 to $1,200 per catalytic converter;
(3) legislation that may hamper prosecution of catalytic converter theft unless a
victim can be identified; and
WHEREAS, preventing these crimes at present is difficult due to the ease and
speed with which catalytic converter thefts can be committed and the difficulty of tracing
a particular catalytic converter back to its prior owner because catalytic converters
typically have no identifying markers; and
WHEREAS, the City of La Quinta seeks to adopt legislation criminalizing the
possession of catalytic converters absent proof of ownership or lawful possession, for
multiple reasons including, but not limited to, the following:
(1) achieving deterrence by establishing zero -tolerance for catalytic converter thefts;
(2) establishing sanctions for possessing stolen catalytic converters;
(3) preventing criminals from profiting from the sale and recycling of stolen catalytic
converters;
(4) providing indirect justice to the victims of catalytic converter theft cases that have
gone or will go unsolved for the reasons noted above;
(5) minimizing the fiscal and personnel impact to the City by reducing the time invested
in deterring and investigating catalytic converter thefts; and
WHEREAS, individuals who are in possession of stolen catalytic converters
recycle them for substantial profit while victims of these thefts suffer from potentially costly
repairs and inconvenience, as well as from the secondary effects from a perception of a
lack of safety or security for their personal property (automobiles and vehicles); and
WHEREAS, the City desires to regulate the possession of detached catalytic
converters within its jurisdiction in order to better protect its citizens, their property, and
their community; and
WHEREAS, regulating possession of detached catalytic converters neither
contradicts nor duplicates the statutes adopted by the California legislature on the topic
of catalytic converters; and
WHEREAS, this Ordinance is necessary to provide the City and all law
enforcement personnel, including the Riverside County Sheriff's Department, legal
authority to better protect the public and deter the criminal activity relating to catalytic
converter thefts; and
WHEREAS, all other legal prerequisites to the adoption of the Ordinance have
occurred.
429
Ordinance No. XXX
Adding Chapter X.XX Catalytic Converter(s) to Title 11 of the La Quinta Municipal Code
Adopted: July , 2024
Page 3 of 7
NOW, THEREFORE, the City Council of the City of La Quinta does ordain as
follows:
SECTION 1. ADOPTION: Chapter 11.82 is hereby approved and adopted by the
City Council and shall be added to Title 11 of the La Quinta Municipal Code as written in
"Exhibit A" attached hereto and incorporated herein by this reference.
SECTION 2. RECITALS: The Recitals set forth above are incorporated herein and
made an operative part of this Ordinance.
SECTION 3. CEQA: The City Council finds that adoption of this Ordinance is
exempt from the California Environmental Quality Act, Public Resources Code section
21000 et seq. ("CEQA") and implementing regulations, California Code of Regulations,
Title 14, Section 15000 et seq. ("CEQA Guidelines"), as it is not a "Project" as defined by
CEQA. (CEQA Guidelines, § 15060(c)(3).) Pursuant to CEQA Guidelines Section
15378(a), a "Project" means the whole of an action, which has a potential for resulting in
either a direct physical change in the environment or a reasonably foreseeable indirect
physical change in the environment. The requested action is to amend the La Quinta
Municipal Code to create a new criminal offense and is exempt from CEQA under the
"common sense" exemption (CEQA Guidelines, § 15061(b)(3)), as it can be seen with
certainty that there is no possibility that the activity in question may have a significant
effect on the environment. The requested action is further exempt under CEQA
Guidelines Section 15060(c)(2), as it will not result in a direct or reasonably foreseeable
indirect physical change in the environment.
SECTION 4. EFFECTIVE DATE: This Ordinance shall be in full force and effect
thirty (30) days after its adoption.
SECTION 5. POSTING: The City Clerk shall, within 15 days after passage of this
Ordinance, cause it to be posted in at least three public places designated by resolution
of the City Council (Resolution No. 2022-027), shall certify to the adoption and posting of
this Ordinance, and shall cause this Ordinance and its certification, together with proof of
posting to be entered into the permanent record of Ordinances of the City of La Quinta.
SECTION 6. CORRECTIVE AMENDMENTS: The City Council does hereby grant
the City Clerk the ability to make minor amendments and corrections of typographical or
clerical errors to "Exhibit A" to ensure consistency of all approved text amendments prior
to the publication in the La Quinta Municipal Code.
SECTION 7. SEVERABILITY: If any section, subsection, subdivision, sentence,
clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such decision shall
not affect the validity of the remaining portions of this Ordinance. The City Council hereby
declares that it would have adopted this Ordinance and each and every section,
430
Ordinance No. XXX
Adding Chapter X.XX Catalytic Converter(s) to Title 11 of the La Quinta Municipal Code
Adopted: July , 2024
Page 4 of 7
subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the
fact that any one or more section, subsections, subdivisions, sentences, clauses,
phrases, or portions thereof be declared unconstitutional.
PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City
Council held this day of July 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
431
Ordinance No. XXX
Adding Chapter X.XX Catalytic Converter(s) to Title 11 of the La Quinta Municipal Code
Adopted: July , 2024
Page 5 of 7
EXHIBIT A
CHAPTER 11.82 CATALYTIC CONVERTER(S)
11.82.010 Purpose.
The purpose of this chapter is to regulate the possession of detached catalytic converters
absent proof of ownership or lawful possession, to assist in deterring future thefts,
establish sanctions for possession stolen catalytic converters, and minimize the fiscal and
personal impact on the City of La Quinta and law enforcement personnel, including the
Riverside County Sheriff's Department, by reduction of the time invested in deterring and
investigating catalytic converter thefts.
11.82.020 Definitions.
For the purposes of this chapter, the following meanings shall apply:
A. "Lawful possession" includes (1) being the lawful owner of the catalytic converter
or (2) in possession of the catalytic converter with the lawful owner's written
consent. It is not required to prove the catalytic converter was stolen to establish
the possession is not a "lawful possession."
B. "Documentation" or "proof" means written documentation(s) that clearly identify the
vehicle from which the catalytic converter originated based on the totality of the
circumstances and includes, but is not limited to, the following types of documents:
1) Bill of sale from the original owner with the signature of the vehicle owner
authorizing removal of the catalytic converter, as well as the name, address,
and telephone of the vehicle owner,
2) Documentation from an auto -body shop or similar business proving that the
owner relinquished the catalytic converter to the auto -body shop or similar
business.
3) Verifiable electronic communication from the previous owner to the
possessor, relinquishing ownership of the catalytic converter.
4) Photographs of the vehicle from which the catalytic converter originated
clearly showing the license plate number and vehicle identification number
(VIN) of the car from which the catalytic converter was removed.
432
Ordinance No. XXX
Adding Chapter X.XX Catalytic Converter(s) to Title 11 of the La Quinta Municipal Code
Adopted: July , 2024
Page 6 of 7
11.82.030 Unlawful possession of a catalytic converter prohibited.
A. It shall be unlawful to possess any catalytic converter that is not attached to a
vehicle, unless the possessor has valid documentation or proof to verify that they
are in lawful possession of the catalytic converter.
B. It is unlawful for any person to falsify or cause to be falsified any information,
documentation or other proof intended to show valid proof of ownership or
possession of a catalytic converter.
11.82.040 Violations — Misdemeanor
A. Each and every violation of this section shall constitute a separate violation and
shall be subject to all remedies and enforcement measures authorized by the La
Quinta Municipal Code. Each and every catalytic converter unlawfully possessed
is a separate violation of this section.
B. Any person who violates any provision of this chapter is guilty of a misdemeanor,
and upon conviction punished by a fine not to exceed one thousand dollars
($1,000), or by imprisonment for a term not exceeding six months, or both.
C. The remedies provided herein are not to be construed as exclusive remedies. The
City is authorized to pursue any proceeding or remedies provided by the law.
433
Ordinance No. XXX
Adding Chapter X.XX Catalytic Converter(s) to Title 11 of the La Quinta Municipal Code
Adopted: July , 2024
Page 7 of 7
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LA QUINTA )
I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify the
foregoing to be a full, true, and correct copy of Ordinance No. (enter number) which was
introduced at a regular meeting on the day of June, 2024, and was adopted at a
regular meeting held on the day of July, 2024, not being less than 5 days after the
date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within the City of
La Quinta as specified in the Rules of Procedure adopted by City Council Resolution No.
2022-027.
MONIKA RADEVA, City Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify that
the foregoing ordinance was posted on the day of July, 2024, pursuant to Council
Resolution.
MONIKA RADEVA, City Clerk
City of La Quinta, California
434
ATTACHMENT 1
RIVERSIDE COUNTY SHERIFF'S DEPARTMENT
CHAD BIANCO, SHERIFF
To: Jon McMillen (La Quinta City Manager)
From: Lieutenant Francisco Velasco TO
Date: May 7, 2024
RE: City of La Quinta Adoption of Unla-wful Possession of Catalytic Converter Municipal Code
Catalytic converter thefts have become a statewide problem causing many municipalities to create city
ordinances to combat these thefts that leave many of its residents with a financial burden. Catalytic
converter thefts are on the rise due to the ease and undetectable nature of committing these thefts, the
ability to recycle catalytic converters at scrap yards for high dollar amounts due to the precious metals
contained within the catalytic converter yielding thieves $200 to $1,200 per stolen unit, and loopholes in
the penal code and legislation protecting criminals from prosecution unless a victim can be identified.
Currently, the state legislator is proposing AB641 to combat catalytic converter thefts and unlicensed
dismantling. This assembly bill makes it unlawful to possess six or more catalytic converters before
enforcement can be initiated. Recognizing the scope of the problem And the lack of effective state
legislation, Riverside County created and codified Ordnance No. 987, which makes it a crime to illegally
possess one catalytic converter without proof of ownership. Other cities within Riverside County such as
Jurupa Valley, Temecula, Calimesa, Norco, and Moreno Valley have instituted similar municipal codes to
combat Catalytic Converter thefts.
If catalytic converter is stolen, it may take hours before the victim realizes their vehicle's catalytic
converter is missing. Currently, if a person is stopped in the city of La Quinta with less than six catalytic
converters in his vehicle, the deputy conducting the traffic stop has no recourse to seize the catalytic
converter and must allow the driver to proceed. With cities such as Palm Springs, Cathedral City and
Palm Desert having recently adopted an unlaw possession of a catalytic converter municipal code, their
police officers and deputies have recourse to seize the catalytic converter and potentially find the victim.
This would allow law enforcement agencies the ability to identify and solve catalytic converter thefts and
identify groups of thieves committing these thefts. The city of Rancho Mirage is currently going through
the administrative process to adopt a similar municipal code. If the city of La Quinta adopts a city
municipal code like the above listed cities, it would create a cohesive enforcement barrier that stretches
along Hwy. 111, which is a major thoroughfare.
In 2022, the city of La Quinta had 51 catalytic converter thefts, and in 2023, the city had 38 thefts with the
month of September spiking at 13 theffs. The fiduciary burden on the residents of La Quinta was
approximately $133k in loss for both years,
435
By criminalizing the mere possession of an unattached catalytic converter absent proof of ownership or
lawful possession, this ordnance would combat this criminal practice and potentially achieve deterrence
by establishing zero -tolerance for catalytic converter thefts.
436
BUSINESS SESSION ITEM NO. 4
City of La Quinta
CITY COUNCIL MEETING: June 18, 2024
STAFF REPORT
AGENDA TITLE: ADOPT RESOLUTION APPROVING FISCAL
BUDGET AND ESTABLISH THE CITY'S APPROPRIATIONS LIMIT
RECOMMENDATIOi,
YEAR 2024/25
Adopt a resolution approving the Fiscal Year 2024/25 Budget and establish the City's
appropriations limit.
IVE SUMMARY
• The 2024/25 Proposed Budget consists of the City, Housing Authority, Financing
Authority, and Capital Improvement budgets and incorporates Council direction
provided during study sessions.
• At the June 5, 2024 meeting, the Financial Advisory Commission (FAC)
approved the use of additional Measure G reserves funding in the amount of $4
million for FY 2024/25 capital improvement projects.
• The Capital Improvement Program (CIP) is a five-year program that identifies the
scope, budget, and schedule for capital projects encompassing street, park,
facility, and infrastructure projects; only year one is funded with this action
($28,118,109).
• The Financial Advisory Commission and Housing Authority Commission have
unanimously approved the recommended budget (Attachment 1).
FISCAL IMPACT
The Proposed Budget anticipates total revenues of $136,752,447 and total expenditures
of $141,391,783 for all funds operated by the City. Funds with expenses greater than
revenues are utilizing fund balance. A summary of revenues and expenses by fund is in
Attachment 1, Exhibit C.
BACKGROUND/ANALYSIS
Attachment 1 provides a narrative of the 2024/25 Proposed Budget and includes the
following exhibits:
A — General Fund Revenues and Expenditures by Department/Division
B — Measure G Revenues and Expenditures Summary
437
C — Summary of Revenues and Expenditures by Fund for 2024/25
D — Fiscal Year 2024/25 CIP Summary
E — Appropriations Limitation Calculation (Gann Limit)
F — Fiscal Year 2024/25 Personnel Schedule
ALTERNATIVES
Council may further adjust the various appropriations included in the recommended
2024/25 Operating and Capital Improvement Program budgets.
Prepared by: Claudia Martinez, Finance Director/City Treasurer
Approved by: Jon McMillen, City Manager
Attachment: 1. 2024/25 Proposed Budget Overview
438
RESOLUTION NO. 2024 - XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA, ESTABLISHING THE
CITY'S APPROPRIATION LIMIT FOR FISCAL YEAR
2024/25 AND APPROVING A BUDGET FOR FISCAL
YEAR 2024/25
WHEREAS, each year the La Quinta City Council adopts a budget for Revenues
and Expenditures for the upcoming Fiscal Year; and
WHEREAS, the City Council desires to make provisions for a level of services
commensurate with the needs of the City; and
WHEREAS, the City Council has reviewed said budget and capital improvement
program and has had several public meetings to receive public input; and
WHEREAS, the City Council has, after due deliberation and consideration, made
such amendments in the proposed budget and capital improvement program as it
considers desirable; and
WHEREAS, Section 7910 of the Government Code of the State of California
provides that each year the governing body of each local jurisdiction shall, by resolution,
establish its appropriations limit for the following fiscal year; and
WHEREAS, Section 7902(b) of the Government Code sets forth the method for
determining the said appropriations limit, to be based upon the limit applicable for the
prior fiscal year and adjusted for changes in the cost -of -living and in City population.
NOW, THEREFORE, BE IT RESOLVED by the City of La Quinta to adopt, as
follows:
SECTION 1. The appropriations limit for the City of La Quinta established in
accordance with Section 7902(b) of the California Government Code, for Fiscal Year
2024/25 is $179,170, 357.
SECTION 2. It is hereby found and determined that in compliance with
Government Code Section 7910, the documentation used in the determination of said
appropriations limit for Fiscal Year 2024/25 was available to the public in the Finance
Department of the City and in the Office of the City Clerk at least fifteen days prior to
this date.
SECTION 3. The Fiscal Year 2024/25 budget and capital improvement program
which is on file with the City Clerk is hereby approved.
439
Resolution No. 2024 — XXX
Budget Approval FY 2024/25
Adopted: June 18, 2024
Page 2 of 3
SECTION 4. Continuing Appropriations which remain unspent and were
authorized by Council in Fiscal Year 2023/24 are approved in the Fiscal Year 2024/25
budget in an amount not to exceed $4,450,000 (Exhibit A).
SECTION 5. Budget adjustment procedures are approved as follows:
A. Additional appropriations and the transfer of cash or unappropriated fund
balance from one fund to another shall be made only upon City Council
approval.
B. Transfers of budgeted appropriations between funds or capital projects shall
be made only upon City Council approval.
C. Transfers of budgeted appropriations between accounts within a department
or capital project may be made with the approval of the City Manager or his
designee.
D. Prior year budget continuing Appropriations and Encumbrances for
unexpended capital project and grant appropriations remaining from
uncompleted prior year capital projects and grant programs shall be made
with City Manager approval. These carry-over appropriations are for prior
year Council approved capital projects and shall not exceed the approved
project budget.
SECTION 6. The City Council, recognizing the need for maintaining Fund
Balance reserves has established a Reserve Policy. These funds cannot be
appropriated without the explicit approval of the City Council. Exhibit B General Fund
Reserves Overview shows estimated amounts, final amounts will be published in the
Fiscal Year 2023/24 Annual Comprehensive Financial Report "ACFR."
SECTION 7. The City Manager shall render a monthly report to the City Council
on the status of City operations as it relates to the approved budget and any
amendments thereto.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta
City Council held on this 18th day of June 2024, by the following vote:
AYES:
ABSENT:
ABSTAIN:
440
Resolution No. 2024 — XXX
Budget Approval FY 2024/25
Adopted: June 18, 2024
Page 3 of 3
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
441
RESOLUTION NO. 2024-XXX
EXHIBIT A
CITY OF LA QUINTA
FY 2024/25 ADOPTED BUDGET
is/Carryovers from 2
Description/Program
Account Number
Account Name
Estimated
Marketing efforts to attract group business to hotels
101-1007-60536
TOT Resort Rebate Program
$ 350,000
Fire ladder truck purchase
101-2002-80101
Machinery & Equipment
$ 400,000
Sidewalk repair
101-7003-60103
Professional Services
$ 150,000
GENERAL FUND CARRYOVERS
$ 900,000
Emergency road repair
201-7003-72111
Road Improvements
$ 500,000
Heavy machinery/equipment purchase
201-7003-80100
Machinery & Equipment
$ 450,000
Painting exterior of Library
202-3004-72110
Building Improvements
$ 150,000
Median upgrades
215-7004-60431
Materials/Supplies
$ 400,000
Tree maintenance
215-7004-60673
Tree Maintenance/Palm Trees
$ 400,000
Dune Palms Mobile Estates improvements
241-9104-72110
Building/Site Improvements
$ 500,000
Vehicle upgrades
501-0000-60675
Parts, Accessories and Uplifts
$ 130,000
Painiting/repairs
501-0000-71103
City Bldg Repl/Repair
$ 175,000
Heavy machinery/equipment purchase
501-0000-80100
Machinery & Equipment
$ 145,000
Park supplies and upgrades
503-0000-71060
Parks
$ 700,000
SPECIAL FUNDS CARRYOVERS
$ 3,550,000
TOTAL CARRYOVERS FOR ALL FUNDS
$ 4,450,000
NOTE: In June 2024 when the budget is adopted, all carryovers are estimates based on projected invoices to end fiscal year
2023124. Upon completion of the final audit, Finance verifies account balances and makes additional carryover recommendations
based on current budgetary needs.
CARRYOVER TOTALS BY FUND
General Fund (101)
Gas Tax Fund (201)
Library and Museum Fund (202)
Lighting & Landscape Fund (215)
Housing Authority Fund (241)
Facility & Fleet Replacement Fund (501)
Park Equipment & Facility Fund (503)
TOTAL CARRYOVERS BY FUND
ESTIMATED
$ 900,000
$ 950,000
$ 150,000
$ 800,000
$ 500,000
$ 450,000
$ 700,000
$ 4,450,000
442
CITY OF LA QUINTA
RESOLUTION NO. 2024-XXX
EXHIBIT B
FY 2024/25 ADOPTED BUDGET
An • 11•
.1ION majogINN
1 -e 1 ' •I• -• C
•o 1
•'
. fill
ESTIMATED COMMITTED & UNASSIGNED
FUND BALANCE
ESTIMATED AT
6-30-2024
LOAN PAYMENT
TO GENERAL
FUND FROM
SUCCESSOR
AGENCY
OPERATING
SURPLUS
/(SHORTFALL)
ESTIMATED AT 6
30-2025
NATURAL DISASTER
$ 15,000,000
$ 15,000,000
ECONOMIC DISASTER
$ 13,000,000
$ 13,000,000
CASH FLOW
$ 5,000,000
$ 5,000,000
CAPITAL REPLACEMENT
$ 12,000,000
$ 12,000,000
UNAPPROPRIATED
$ 49,000,000
$ 2,804,654
1 $ 3,382,635
1 $ 55,187,289
TOTAL ESTIMATED RESERVES
$ 94,000,000
$ 2,804,654
$ 3,382,635
$ 100,187,289
SUMMARY
RESERVES 6/30/24 $ 94,000,000
NET CHANGE $ 6,187,289
RESERVES 6/30/24 $ 100,187,289
Net change, $6,187,289
CALCULATION FOR FORMER REDEVELOPMENT AGENCY LOAN REPAYMENT
FY 2024/25 Approved Repayment
Fund Total Repayment Distribution % Distribution $
General Fund $ 3,505,817 x 80% = 2,804,654
Housing Fund $ 3,505,817 x 20% = 701,163
$ 3,505,817
ESTIMATED ASSIGNED
FUND BALANCE
ESTIMATED AT
6-30-2024
ADDITIONS
DELETIONS
ESTIMATED AT
6-30-2025
SALES TAX MEASURE G
$
33,700,000
$
-
$
4,000,000
$
29,700,000
PUBLIC SAFETY FIRE SERVICE TRUST
$
14,800,000
$
-
$
-
$
14,800,000
CARRYOVERS AND CAPITAL PROJECTS
(GENERAL FUND ONLY)
$
25,950,000
$
-
$
-
$
25,950,000
PENSION TRUST FUND
$
5,400,000
$
200,000
$
-
$
5,600,000
OTHER POST EMPLOYMENT BENEFITS
TRUST FUND
$
2,000,000
$
40,000
$
-
$
2,040,000
TOTAL ASSIGNED RESERVES
$
81,850,000
$
240,000
1 $
(4,000,000)1
$
78,090,000
443
/! Q"fra
ATTACHMENT 1
AI II ORM \ -
2024/25 PROPOSED BUDGET SUMMARY
The General Fund is the primary operating fund of the City and provides funding for police,
fire protection, community programs, parks, public buildings, and administrative
operations. The proposed budget has a projected surplus of $3,382,635, a summary of
revenues by category and expenses by department is in Exhibit A. Upon adoption,
Finance will prepare the final budget document which will be available to the public on the
City's website.
The City's proposed FY 2024/25 budget represents a continuation of significant
investments in addressing the needs of the community such as public safety, road
improvements, and city parks and facilities. The City's strategic approach of implementing
cost containment measures during the pandemic followed by strong economic recovery
led to a healthy financial standing. This approach led to the City increasing reserve levels,
investing in aging City infrastructure, and paying down increasing pension costs. To
continue delivering outstanding services to our residents, businesses and visitors, the
City has developed a conservative budget that compliments the City's strong fiscal
foundation. As the City faces new challenges ahead, such as increasing costs outpacing
revenue growth and a volatile economy, strategic planning will be vital in ensuring the
City's continued long-term financial stability.
GENERAL FUND
FY 2024/25 PROPOSED BUDGET
SUMMARY
Revenues $ 82,714,300
Less Operating/CIP Expenses (83,331,665)
Preliminary Budget Deficit (617,365)
Use of Measure G Reserves 4,000,000
WIDGET SURPLUS S 3,382,63!
The 2024/25 proposed budget was presented at various public meetings held between
April and June. Since the June 4, 2024, study session, the following items have been
incorporated into the 2024/25 budget.
• Due to the utilization of Measure G reserves in the amount of $4 million, the City's
updated budget surplus reflects the use of Measure G over the General Fund for
capital improvement projects as recommended by the Financial Advisory
Commission (FAC). This allocation resulted in a General Fund budget surplus of
$3,382,635 to be used for upcoming projects and will allow for flexibility of
programs for the upcoming fiscal year.
• In addition, an increase of $665,000 to account for an additional capital
improvement project and to continue the City's efforts of staff development and
444
succession planning, managing PERS increases, responding to labor market
adjustments, and to address staffing needs
MEASURE G SUMMARY
The Financial Advisory Commission was presented the Operating and Capital
Improvement budgets and unanimously approved the budgetary uses of Measure G
funds which is summarized below, including the utilization of Measure G reserves of $4
million for additional capital improvement projects. A historical summary is provided in
Exhibit B.
Measure G Sales Tax Revenue $ 15,500,000
Police Services (7,300,000)
Capital Improvements (12,200.000)
OTHER FUNDS
The City operates 33 Special Revenue Funds, 4 Internal Service Funds, 2 Enterprise
Funds and 3 Trust Funds. These funds are legally required to be held separately from the
General Fund and are restricted for road repairs, recycling programs, art in public places,
police programs, housing programs, bond requirements, golf course operations, internally
administered services, and retiree benefits. A summary of revenue and expenses for all
Funds is located in Exhibit C.
CAPITAL IMPROVEMENT PROGRAM (CIP)
The Capital Improvement Program budget reflects the five-year plan adopted by Council
and a summary of funded projects is located in Exhibit D.
2024/25 APPROPRIATIONS LIMIT CALCULATION
Annually, the City is required to prepare an Appropriations Limit Calculation (Gann Limit)
in accordance with Article XIIIB of the State Constitution. The Gann initiative limits the
growth in government spending to changes in population and inflation. The Gann Limit
for 2024/25 is $179,170,357. This means that the City must not spend revenues in excess
of this limitation. City revenues subject to the Gann Limit are $78,469,200; therefore, the
City is significantly below the limit by a margin of $100,701,157 (Exhibit E).
2024/25 PERSONNEL SCHEDULE
Exhibit F summarizes the citywide personnel schedule for 2024/25 and includes 100 full-
time and 6.79 part-time positions.
445
2024/25 BUDGET RESOLUTION
The list of estimated continuing appropriations/carryovers (Exhibit A to the Budget
Resolution) reflects City commitments to projects, services or purchases that were made
in 2023/24 but will not be completed, fulfilled, or paid for by the end of the fiscal year. The
continuing appropriations total is $4,450,000; of this amount $900,000 are General Fund
carryovers and $3,550,000 are Special Funds. These unexpended funds remain
available, but Council approval is needed to re -appropriate them for use in 2024/25 (since
all appropriations lapse at the end of the fiscal year). Capital project and grant carryovers
are not included as they are part of the year-end auditing process and will be included in
the 2023/24 year-end budget report.
Exhibit B to the Budget Resolution depicts total General Fund reserves currently
estimated to end 2023/24 at $94 million with a projected increase of $6.1 million to $100.1
million during fiscal year 2024/25. Project fund balances for Measure G sales tax, public
safety fund, fire services trust fund, carryovers/capital projects, pension and other
employee benefit trusts are also provided.
The FY 2024/25 budget was prepared to balance City Council and community priorities
with a sustainable and sound financial plan. This fiscally conservative budget balances
immediate priorities along with the need for long-term investments. With strong leadership
and financial position, the City of La Quinta will be able to effectively manage challenges
in the future. The City is committed to adopting a structurally balanced budget, any
changes based on discussions during this meeting will be incorporated in the final
adopted budget.
446
EXHIBIT A
CITY OF LA QUINTA FY 2024/25 ADOPTED BUDGET
ESTIMATED CURRENT RESOURCES:
REVENUES:
TAXES
$ 63,270,000
LICENSES & PERMITS
2,386,500
INTERGOVERNMENTAL
11,253,000
CHARGES FOR SERVICES
1,028,700
FINES & ASSESSMENTS
341,000
OTHER/MISCELLANEOUS
4,435,100
ESTIMATED CURRENT REQUIREMENTS:
EXPENDITURES:
CITY COUNCIL
$
346,400
CITY MANAGER DEPARTMENT
4,319,600
CITY MANAGER'S DIVISION
1,641,100
HUMAN RESOURCES
745,900
MARKETING/COMMUNITY RELATIONS
1,932,600
CITY ATTORNEY
800,000
CITY CLERK DEPARTMENT
1,406,570
COMMUNITY SERVICES
3,356,000
CS ADMINISTRATION
716,400
WELLNESS CENTER OPERATIONS
683,600
RECREATION PROGRAMS/SPECIAL EVENTS
1,956,000
PUBLIC SAFETY
32,306,640
POLICE
19,643,300
FIRE
10, 572,110
CODE COMPLIANCE/ANIMAL CONTROL
1,821,340
PUBLIC SAFETY ADMINISTRATION
269,890
PUBLIC WORKS
10,060,180
PARKS MAINTENANCE
4,538,300
PUBLIC BUILDINGS
1,875,750
PUBLIC WORKS ADMINISTRATION
835,797
DEVELOPMENT SERVICES
539,383
STREETS- TRAFFIC
1,036,550
ENGINEERING SERVICES
1,234,400
DESIGN & DEVELOPMENT
4,697,175
D&D ADMINISTRATION
826,800
PLANNING
856,900
BUILDING
1,513,600
THE HUB
1,499,875
FISCAL SERVICES
26,039,100
FINANCE
2,103,500
CENTRAL SERVICES (Includes CIP)
23,935,600
PRELIMINARY BUDGET DEFICIT $ (617,365)
USE OF MEASURE G SALES TAX RESERVES 4,000,000
447
CITY OF LA QUINTA
EXHIBIT B
FY 2024/25 ADOPTED BUDGET
MEASURE G REVENUES AND USES SUMMARY
2016/17 '
Actual
$ 1,462,650
2017/18
Actual
9,967,657
2018/19
Actual
10,958,118
2019/20
Actual
10,310,526
2020/21
Actual
12,594,389
2021/22
Actual
15,615,802
2022/23
Actual
16,088,087
2023/24
Budget (Current)
15,700,000
2024/25
Budget (Proposed)
15,500,000
TOTAL $ 108,197,229
MEASURE G USES
ar Earned
Project Description
Operational Capital
Reserves
Total by Year
2016/17
Eisenhower Dr. Retention Basin
750,000
Washington St. Connector to Art & Music Line
712,650
1,462,650
2017/18
Public Safety Fund
300,000
North La Quinta Landscape Improvements
1,802,576
Citywide Drainage Enhancements
2,407,373
La Quinta Village Road Diet Project
1,972,158
X-Park Funding
147,350
Alongi Building Improvements
800,000
SilverRock Event Site
321,900
SilverRock Event Site
244,700
Alongi Building at SilverRock Event Site
160,000
SilverRock Event Site
290,000
SilverRock Event Site Retention Basin
10,000
SilverRock Event Site Retention Basin
427,250
Measure G Reserves 17/18
1,084,350
9,967,657
2018/19
Public Safety Fund
850,000
Public Safety Contract Services
2,100,000
Citywide Drainage Enhancements
194,730
North La Quinta Landscape Improvements
2,129,613
SilverRock Event Site
1,300,000
Measure G Reserves 18/19
4,383,775
10,958,118
2019/20
Public Safety Contract Services
2,750,000
Corporate Yard Administration/Crew Quarters
411,013
Highway 111 Corridor Improvements
1,000,000
North La Quinta Landscape Improvements
3,703,369
Village Art Plaza Promenade
310,000
Measure G Reserves 19/20
2,136,144
10,310,526
2020/21
Public Safety Contract Services
4,545,000
X-Park Landscaping
275,000
Highway 111 Corridor Improvements
250,000
Measure G Reserves 2020/21
7,524,389
12,594,389
2021/22
Public Safety Contract Services
5,163,000
Landscape Renovation Improvements
1,408,356
Highway 111 Corridor Improvements
1,000,000
Fritz Burns Park Improvements
350,000
Allocate Bridge Funding
7,468,061
Measure G Reserves 2021/22
226,385
15,615,802
2022123
Public Safety Contract Services
5,100,000
Landscape Renovation Improvements
500,000
Sports Complex Lighting
300,000
Village Underground Utilities Feasibility
100,000
ADA Transition Plan Update
150,000
Village Parking Lot
500,000
Phase II Public Safety Camera System
1,797,000
Smart Infrastructure Feasibility
250,000
Highway 111 Corridor Improvements
1,000,000
Dune Palms Bridge Advance Funding Reimbursement
(7,468,061)
Measure G Reserves 2022/23
13,859,148
16,088,087
2023/24
Public Safety Contract Services
5,100,000
Highway 111 Corridor Improvements
1,000,000
Avenue 48 Art and Music Line
2,400,000
Fritz Burns Park Improvements
1,500,000
Highway 111 Event Site- Reprogrammed to Fritz Burns Park, see FY 24-25
-
Washington St. Connector to Art & Music Line
1,200,000
Measure G Reserves 2023/24
4,500,000
15,700,000
2024/25
Public Safety Contract Services
7,300,000
Pavement Management Plan Street Improvements
1,000,000
Maintenance & Operations Yard
900,000
Cultural Campus
1,000,000
Highway 111 Corridor Area Plan Implementation
3,050,000
Fritz Burns Park Improvements
5,000,000
Citywide Dog Park Improvements
500,000
Welcome Center Improvements
750,000
Measure G Reserves 2024/25
4,000,000
15,500,000
TOTAL $
33,208,000 $ 45,275,038 $
29,714,191 $ 108,197,229
31
448
CITY OF LA QUINTA
EXHIBIT C
FY 2024/25 ADOPTED BUDGET
•
• ' 1
FUND
#
FUND NAME
TOTAL
REVENUES
TOTAL
EXPENSES
SURPLUS/
(DEFICIT)
101
GENERAL FUND
82,714,300
83,331,665
617,365
105
DISASTER RECOVERY FUND
30,000
-
30,000
201
GAS TAX FUND
2,589,000
3,443,100
854,100
202
LIBRARY & MUSEUM FUND
3,143,000
2,555,615
587,385
203
PUBLIC SAFETY FUND
5,000
-
5,000
210
FEDERAL ASSISTANCE FUND CDBG
190,000
198,500
8,500
212
SLESF COPS
103,000
100,000
3,000
215
LIGHTING & LANDSCAPING FUND
4,000,500
3,957,700
42,800
220
QUIMBY FUND
-
-
-
221
AB 939 - CALRECYCLE
80,000
200,000
120,000
223
MEASURE A FUND
2,025,000
2,335,000
310,000
225
INFRASTRUCTURE FUND
1,000
-
1,000
226
EMERGENCY MANAGEMENT PERFORMANCE FUND
13,000
12,000
1,000
227
STATE HOMELAND SECURITY PROGRAM
5,500
5,000
500
230
CASp FUND, AB 1379
21,000
5,500
15,500
235
SO COAST AIR QUALITY FUND
54,500
40,000
14,500
241
HOUSING AUTHORITY FUND
1,452,000
1,715,440
263,440
243
IRDA LOW -MOD HOUSING FUND
60,000
250,000
190,000
247
ECONOMIC DEVELOPMENT FUND
40,000
31,500
8,500
249
SA 2011 LOW/MOD BOND
18,000
250,000
232,000
250
TRANSPORTATION DIF
540,000
1,579,109
1,039,109
251
PARKS & RECREATION DIF
253,000
-
253,000
252
CIVIC CENTER DIF
103,000
-
103,000
253*
LIBRARY DEVELOPMENT DIF
50,000
15,000
35,000
254
COMMUNITY CENTER DIF
105,000
500,000
395,000
255
STREET FACILITY DIF
1,000
-
1,000
256
PARK FACILITY DIF
100
-
100
257
FIRE PROTECTION DIF
53,000
-
53,000
259
MAINTENANCE FACILITIES DIF FUND
47,000
100,000
53,000
270
ART IN PUBLIC PLACES FUND
158,000
233,000
75,000
275
LQ PUBLIC SAFETY OFFICER FUND
3,000
-
3,000
310
LQ FINANCE AUTHORITY FUND
1,500
1,500
-
401
CAPITAL IMPROVEMENT PROGRAMS
27,218,109
27,218,109
-
405
SA PA1 CAPITAL IMPROVEMENT BOND
500
-
500
501
FACILITY & FLEET REPLACEMENT FUND
1,705,000
1,628,750
76,250
502
INFORMATION TECHNOLOGY FUND
2,276,708
3,217,945
941,237
503
PARK EQUIP & FACILITY FUND
500,000
2,000,000
1,500,000
504
INSURANCE FUND
1,363,230
1,058,000
305,230
601
SILVERROCK RESORT FUND
5,484,500
5,365,000
119,500
602
SILVERROCK GOLF RESERVE FUND
98,000
-
98,000
760
SUPPLEMENTAL PENSION PLAN
7,000
12,850
5,850
761
CERBT OPEB TRUST HEALTH BENEFITS
40,000
1,500
38,500
762
PARS PENSION TRUST
200,000
30,000
170,000
GRAND TOTALI
136,752,447
141,391,783
(4,639,336)
* This fund has an outstanding inter -agency loan due to the Successor Agency.
...
Project No.
Project
Total Funding_
2425A
$
20,
2425CPM
Citywide Preventative Maintenance Plan Improvements
$
50,0
2425PMP
Pavement Management Plan Street Improvements
$
1,000,000
2425PMP
Pavement Management Plan Street Improvement:
$
1,000,000
2425STI
Sidewalks - Various Locations
$
55,000
2425TMI
Citywide Traffic Signal Maintenance Improvements
$
235,0 00
2425DRA
Citywide Drainage Enhancements
$
477,000
201702
Developer Reimbursement for DIF Eligible Improvements
$
400,000
201804
Landscape and Lighting Median Island Improvements
$
500,000
201805
Maintenance and Operations Yard
$
900,000
201805
Maintenance and Operations Yard
$
100,000
201901
Cultic , - ..s
$
1,000,000
201901
Cultural Campus
$
500,000
201905
H or Area Plan Implementatior
$
201905
Highway 111 Corridor Area Plan Implementation
$
984,000
201905 1
Highway 111 Corridor Area Plan Implementation
$
4,000,000
202101
Dune Palms Pavement Rehabilitation
$
200,000
2
F.
202205
Avenue 50 Widening Improvements (Jefferson Street to Madison Street)
$
579,109
202333
Bridge Preventative Maintenance Program
$
165,000
202401
Avenue 50 Sidewalk Improvements (Washington Street to Avenida Montero)
$
400,000
202402
Washington Street Sidewalk Improvements (Calle Tampico to Avenue 52)
$
478,000
202403
Cove Area Slurry Seal Improvements Phase 1
$
1,000,000
202404
City Hall Drainage Improvements
$
1,000,000
202405
Citywide Miscellaneous ADA Improvements
$
175,000
202406
Citywide Miscellaneous Concrete Improvements
$
1,000,000
202407
Citywide Dog Park Improvements
$
1,000,000
202407
Citywide Dog Park Improvements
$
500,000
202408
Village Parking Lot Utility Undergrounding
$
500,000
202409
Welcome Center Improvements
$
750,000
202410
Avenue 52 at Jefferson Street Roundabout Safety Improvements
$
600,000
202411
SilverRock Way Slurry Seal Improvements
$
500,000
TOTAL:
$
28,118,109
Color Key
TEAL: Measure G Funds $12,200,00�
ORANGE: General Funds $5,717,000 (20.3%
WHITE: Measure A and SB1 RMRA Funds $3,797,000 (13.5%)
Special Revenue Funds $6,404,109 (22.8%)
EXHIBIT E
CITY OF LA QUINTA
FY 2024/25 ADOPTED BUDGET
City of La Quinta
Gann Limit Appropriation Calculation
(Page 1 of 2)
FY 2024/25
(1)
(2)
(3)
(4) (5)
(6)
(7)
(8)
(9)
M
City's
City's
U.S. CPI
% Change in Local
% Change
M
M
Prior Year
Previous Year's
Current Year's
Population Annual
Non -Residential
In Per
Current Year
Compliance
Year Gann Limit
Population
Population
% Change % Change
Construction
Capita Income
Gann Limit
Amounts
92-93
14,240,507
12,932
14,840
14.80%
N/A
0.68%
-0.64%
16,452,801
4,452,292
93-94
16,452,801
14,840
15,693
5.75%
N/A
0.16%
2.72%
17,871,744
5,301,754
94-95
16,452,801
15,693
16,634
6.00%
N/A
0.14%
0.71 %
19,077,886
6,561,880
95-96
19,077,886
16,634
17,101
2.81%
N/A
N/A
4.72%
20,539,255
7,762,496
96-97
20,539,255
17,101
18,045
5.52%
N/A
N/A
4.67%
22,685,183
8,257,148
97-98
22,685,183
18,045
19,217
6.49%
N/A
N/A
4.67%
25,286,762
9,667,831
98-99
25,286,762
19,217
20,444
6.38%
N/A
N/A
4.15%
28,017,719
12,222,332
99-00
28,017,719
20,444
21,763
6.45%
N/A
N/A
4.53%
31,176,447
9,801,749
00-01
31,176,447
21,763
24,240
10.77%
N/A
N/A
4.91%
36,229,777
10,785,551
01-02
36,229,777
24,240
26,321
12.66%
N/A
N/A
7.82%
44008314
12181391
02-03
44,008,314
26,321
28,715
10.52%
N/A
N/A
-1.27%
48:020:286
14:233:708
03-04
48,020,286
28,715
30,452
5.99%
N/A
N/A
2.31%
52,072,415
14,547,338
04-05
52,072,415
30,452
32,522
5.90%
N/A
N/A
3.28%
56,953,433
16,507,192
05-06
56,953,433
32,522
36,145
9.19%
N/A
N/A
5.26%
65,458,514
22,777,443
06-07
65,458,514
36,145
38,340
5.40 %
N/A
N/A
3.96 %
71,725,407
27,384,580
07-08
71,725,407
38,340
41,092
6.44%
N/A
N/A
4.42%
79,718,951
32,163,100
08-09
79,718,951
41,092
42,743
4.46 %
N/A
N/A
4.29 %
86,846,889
33,562,980
09-10
86,846,889
42,743
43,778
2.42 %
N/A
N/A
0.62 %
89,500,065
33,519,652
10-11
89,500,065
43,778
37,307
(1)
1.35%
N/A
N/A
-2.54%
88,404,325
30,055,388
11-12
88,404,325
37,307
37,836
(1)
1.42 %
N/A
N/A
2.51 %
91,910,124
29,884,568
12-13
91,910,124
37,688
38,075
(2)
1.03 %
N/A
N/A
3.77 %
dd
96,357,500
31,954,838
13-14
96,357,500
38,190
38,412
0.55%
N/A
N/A
5.12%
101,848,105
33,412,900
14-15
101,848,105
38,412
39,032
1.61%
N/A
N/A
-0.23%
103,249,837
35,982,642
15-16
103,249,837
39,032
39,694
1.72%
N/A
N/A
3.82%
109,037,717
37,391,100
16-17
109,037,717
39,694
39,977
1.69%
N/A
N/A
5.37%
J
116,834,735
39,339,800
17-18
116,834,735
39,977
40,677
(2)
1.25%
N/A
N/A
3.69%
91
122,660,261
48,021,600
18-19
122,660,261
40,605
41,753
1.48%
N/A
N/A
3.67%
129,043,889
51,452,200
19-20
129,043,889
41,753
42,098
(2)
0.83%
N/A
N/A
3.85%
135,124,379
56,851,900
20-21
135,124,379
40,389
40,660
(2)
0.67%
N/A
N/A
3.73%
141,103,621
49,433,000
21-22
141,103,621
40,906
41,247
(2)
0.83%
N/A
N/A
5.73%
150,427,126
57,775,110
22-23
150,427,126
37,949
37,860
(2)
-0.23%
N/A
N/A
7.55%
161,412,270
67,321,000
23-24
161,412,270
37,562
37,979
2
1.11%
N/A
N/A
4.44%
170,450,479
75,918,000
24-25
170,450,479
37,824
38,370
2
1.44%
N/A
N/A
L 3.62%
179,170,357
78,469,200
The Gann Limit is adjusted annually by multiplying the "Prior Year Gann Limit" (column 1) by the "% Change in Population" (column 4) and then by the greater of the "%
Change in New Local Non-residential Construction or % Change in California Per Capita Income" (column 6 or 7). This Gann adjustment figure is then added to the prior
year's limit amount to obtain the current year Gann limit amount in column 8. The U.S. CPI factor (column 5) was used in place of the non-residential construction (column 6)
amount and the lower of the two factors, the U.S. CPI or Per Capita Income, for the calculation prior'to FY 1990-91. The City has elected in column (2) and (3) to use the City
population method versus the change in County population.
(1) The population for FY 2010/2011 and FY 2011/2012 are adjusted to the Federal 2010 Census counts.
(2) The previous population is furnished by the Department of Finance.
The Shaded boxes indicate the calculation factor that was used to calculate that year's Gann Limit.
451
CITY OF LA QUINTA
EXHIBIT E
FY 2024/25 ADOPTED BUDGET
GANN APPROPRIATION LIMIT ANALYSIS
(Page 2 of 2)
In 1979, Proposition 4, the "Gann" initiative, was passed. The Proposition created Article XIIIB of the State Constitution placing limits on the amount of
revenue which can be spent by all entities of Government.
The Gann limit is adjusted annually by the following two factors:
Annual population change and the greater of the change in:
1) State Per Capita Income, or
2) The Local Assessment roll for local non-residential construction.
When a City reaches this limit, excess tax revenue must be returned to the State or Citizens through a process of refunds, rebates, or other means that
may be defined at that time. The Gann limit for the City of La Quinta has increased steadily since 1984 and still provides the City with a comfortable
operating margin. The revenue collection and spending limit for City of La Quinta FY 2024/25 is $179.2 million. "Proceeds of taxes" are projected to
be $78.5 million in FY 2024/25 allowing the City a margin of $100.7 million.
the graph below, the highest bars represent the spending limit and the lower bars represent the appropriation of proceeds of taxes for fifteen years.
180,000,000
160,000,000
140,000,000
120,000,000
100,000,000
80,000,000
60,000,000
40,000,000
20,000,000
0
CITY OF LA QUINTA
SPENDING LIMIT VERSUS APPROPRIATION OF PROCEEDS OF TAXES
10-11 11-12 12-13 13-14 14-15 15-16 16-17 17-18 18-19 19-20 20-21 21-22 22-23 23-24 24-25
452
EXHIBIT F
CITY OF LA QUINTA PERSONNEL SCHEDULE BY DEPARTMENT FY 2024/25 ADOPTED BUDGET
CITY COUNCIL
Adopted Adopted Proposed
Funding Source Personnel Schedule 2022/23 2023/24 2024/25
General Fund Mayor & City Council 5 5 5
TOTAL 5 5 5
CITY CLERK
Funding Source
Personnel Schedule
Adopted
2022/23
Adopted
2023/24
Proposed
2024/25
General Fund
Administrative Assistant
1
0
0
General Fund
Administrative Technician
0
2
2
General Fund
City Clerk Director
0.9
0.9
0.9
Housing Authority
City Clerk Director
0.1
0.1
0.1
General Fund
Deputy City Clerk
1
1
1
General Fund
Management Assistant
1
0
0
General Fund
Management Specialist
0
0
1
General Fund
Permit Technician
2
1
1
General Fund
Senior Permit Technician
0
1
0
TOTAL 6 6 6
CITY MANAGER
Adopted
Adopted
Proposed
Funding Source
Personnel Schedule
2022/23
2023/24
2024/25
General Fund
Administrative Technician
0
0.2
0.2
Housing Authority
Administrative Technician
0
0.8
0.8
General Fund
Human Resources Manager
0
1
0
General Fund
Human Resources Deputy Director
0
0
1
General Fund
Human Resources Technician
0
2
2
General Fund
City Manager
0.8
0.8
0.8
Housing Authority
City Manager
0.2
0.2
0.2
General Fund
Marketing & Communications Specialist
0
2
2
General Fund
Director (Business Unit & Housing Development)
0.6
0.6
0.6
Housing Authority
Director (Business Unit & Housing Development)
0.4
0.4
0.4
General Fund
Executive Specialist
0
1
1
Housing Authority
Management Analyst
0.6
0.6
0
Information Technology
Management Analyst
0.4
0.4
0
General Fund
Management Assistant
0.2
0
0
Housing Authority
Management Assistant
0.8
0
0
General Fund
Management Specialist
2.4
0.4
0.4
Housing Authority
Management Specialist
0.6
0.6
0.6
General Fund
Marketing Manager
1
1
1
General Fund
Senior Code Compliance Officer
0
1
1
Housing Authority
Senior Management Analyst
0
0
0.6
Information Technology
Senior Management Analyst
0
0
0.4
TOTAL
8
13
13
COMMUNITY RESOURCES
Adopted
Adopted
Proposed
Funding Source
Personnel Schedule
2022/23
2023/24
2024/25
General Fund
Administrative Assistant
2
0
0
General Fund
Administrative Technician
2.8
0
0
Library & Museum
Administrative Technician
0.2
0
0
General Fund
Animal Control/Code Compliance Supervisor
1
0
0
General Fund
Code Compliance Officer 1
2
0
0
General Fund
Code Compliance Officer 11
4
0
0
General Fund
Community Resources Coordinator
1
0
0
General Fund
Community Resources Director
0.7
0
0
453
EXHIBIT F
CITY OF LA QUINTA PERSONNEL SCHEDULE BY DEPARTMENT FY 2024/25 ADOPTED BUDGET
COMMUNITY RESOURCES (continued)
Adopted
Adopted
Proposed
Funding Source
Personnel Schedule
2022/23
2023/24
2024/25
General Fund
Community Resources Director
0.15
0
0
Library & Museum
Community Resources Director
0.15
0
0
General Fund
Community Resources Manager
0.4
0
0
Wellness Center
Community Resources Manager
0.4
0
0
Library & Museum
Community Resources Manager
0.2
0
0
General Fund
Community Resources Specialist
1
0
0
General Fund
Human Resources Analyst
1
0
0
General Fund
Community Resources Analyst
0.8
0
0
Library & Museum
Community Resources Analyst
0.2
0
0
General Fund
Management Assistant
1
0
0
General Fund
Public Safety Manager
0.8
0
0
General Fund
Public Safety Manager
0.2
0
0
General Fund
Part -Time Administrative Technician
0
0
0
General Fund
Part -Time Recreation Leader
5.96
0
0
General Fund
Part -Time Senior Recreation Leader
1.94
0
0
General Fund
Senior Emergency Management Coordinator
1
0
0
TOTAL
28.9
0
0
COMMUNITY SERVICES
Adopted
Adopted
Proposed
Funding Source
Personnel Schedule
2022/23
2023/24
2024/25
General Fund
Administrative Technician
0
5
5
General Fund
Community Services Deputy Director
0
0.4
0.4
Library & Museum
Community Services Deputy Director
0
0.2
0.2
Wellness Center
Community Services Deputy Director
0
0.4
0.4
General Fund
Community Services Specialist
0
1
1
General Fund
Management Analyst
0
0.8
0
Library & Museum
Management Analyst
0
0.2
0
General Fund
Part -Time Recreation Leader
5.96
5.82
5.82
General Fund
Part -Time Senior Recreation Leader
1.94
0.97
0.97
General Fund
Senior Management Analyst
0
0
0.8
General Fund
Senior Management Analyst
0
0
0.2
General Fund
Senior Community Services Specialist
0
1
1
TOTAL
7.9
15.79
15.79
PUBLIC SAFETY
Adopted
Adopted
Proposed
Funding Source
Personnel Schedule
2022/23
2023/24
2024/25
General Fund
Administrative Technician
0
2
2
General Fund
Animal Control/Code Compliance Supervisor
0
1
1
General Fund
Code Compliance Officer
0
2
3
General Fund
Management Analyst
0
1
1
General Fund
Public Safety Deputy Director
0
0.8
0.8
General Fund
Public Safety Deputy Director
0
0.2
0.2
General Fund
Senior Code Compliance Officer
0
3
2
TOTAL 0 10 10
PUBLIC WORKS
Adopted
Adopted
Proposed
Funding Source
Personnel Schedule
2022/23
2023/24
2024/25
General Fund
Administrative Assistant
1
1
1
General Fund
Administrative Technician
0
1
1
General Fund
Assistant Construction Manager
1
1
1
454
EXHIBIT F
CITY OF LA QUINTA PERSONNEL SCHEDULE BY DEPARTMENT FY 2024/25 ADOPTED BUDGET
PUBLIC WORKS (continued)
Adopted
Adopted
Proposed
Funding Source
Personnel Schedule
2022/23
2023/24
2024/25
General Fund
Associate Engineer
1
1
1
General Fund
Public Works Director/City Engineer
1
1
1
General Fund
Construction Inspector
2
2
2
General Fund
Facilities Deputy Director
0.5
0
0
General Fund
Facilities Deputy Director
0.5
0
0
Gas Tax Fund
Maintenance Foreman
1
0
0
General Fund
Maintenance & Operations Coordinator
1
1
1
General Fund
Maintenance & Operations Crew Leader
0
1.5
1.5
Lighting & Landscape
Maintenance & Operations Crew Leader
0
0.5
0.5
General Fund
Maintenance & Operations Deputy Director
0
0.5
0.5
General Fund
Maintenance & Operations Deputy Director
0
0.5
0.5
General Fund
Maintenance & Operations Superintendent
0
2.5
2.5
Gas Tax Fund
Maintenance & Operations Superintendent
0
1
1
Lighting & Landscape
Maintenance & Operations Superintendent
0
0.5
0.5
Gas Tax Fund
Maintenance & Operations Worker
0
4
4
General Fund
Maintenance & Operations Worker
0
2.5
2.5
Lighting & Landscape
Maintenance & Operations Worker
0
1.5
1.5
Gas Tax Fund
Maintenance Worker 1
2
0
0
General Fund
Maintenance Worker 1
2.5
0
0
Lighting & Landscape
Maintenance Worker 1
1.5
0
0
Gas Tax Fund
Maintenance Worker II
2
0
0
General Fund
Maintenance Worker 11
0.5
0
0
Lighting & Landscape
Maintenance Worker II
0.5
0
0
General Fund
Maintenance & Operations Technician
1
1
1
General Fund
Management Analyst
2.5
1
1
Lighting & Landscape
Management Analyst
0.5
0
0
General Fund
Management Assistant
1
0
0
General Fund
Parks/L&L Foreman
0.5
0
0
Lighting & Landscape
Parks/L&L Foreman
0.5
0
0
Gas Tax Fund
Senior Maintenance & Operations Worker
0
2
2
General Fund
Senior Maintenance & Operations Worker
0
1.5
1.5
Lighting & Landscape
Senior Maintenance & Operations Worker
0
0.5
0.5
General Fund
Traffic Operations Analyst
1
0
0
General Fund
Traffic Signal Technician
2
2
2
TOTAL
27
31
31
DESIGN AND DEVELOPMENT
Adopted
Adopted
Proposed
Funding Source
Personnel Schedule
2022/23
2023/24
2024/25
General Fund
Administrative Assistant
2
2
2
General Fund
Administrative Technician
1
1
1
General Fund
Assistant Planner
0
0
1
General Fund
Associate Planner
1
1
1
General Fund
Building Inspector
0
1
1
General Fund
Building Inspector 1
1
0
0
General Fund
Building Inspector 11
2
0
0
General Fund
Building Official
1
1
1
General Fund
Data Reporting Specialist
0
0.97
1
General Fund
Deputy Building Official
0
1
1
General Fund
Design & Development Director
1
1
1
General Fund
Hub Manager
1
1
1
General Fund
Part -Time Software Program Report Writer
0.97
0
0
455
CITY OF LA QUINTA
EXHIBIT F
PERSONNEL SCHEDULE BY DEPARTMENT FY 2024/25 ADOPTED BUDGET
DESIGN AND DEVELOPMENT (continued)
Adopted
Adopted
Proposed
Funding Source
Personnel Schedule
2022/23
2023/24
2024/25
General Fund
Permit Technician
6
6
4
General Fund
Planning Manager
1
1
1
General Fund
Plans Examiner
1
1
1
General Fund
Senior Building Inspector
0
2
2
General Fund
Senior Building Inspector/Plans Examiner
1
0
0
General Fund
Senior Permit Technician
0
1
1
General Fund
Senior Planner
1
1
1
Funding Source
TOTAL
FINANCE
Personnel Schedule
20.97
Adopted
2022/23
21.97
Adopted
2023/24
21
Proposed
2024/25
General Fund
Accounting Manager
1
0
0
General Fund
Account Technician
3
0
0
General Fund
Accountant
1
1
1
General Fund
Administrative Technician
0
1
1
General Fund
Finance Director
0.9
0.9
0.9
Housing Authority
Finance Director
0.1
0.1
0.1
General Fund
Finance Manager
0
1
1
General Fund
Finance Technician
0
2
2
General Fund
Financial Services Analyst
1
0
0
General Fund
Junior Accountant
1
1
1
General Fund
Management Assistant
1
0
0
General Fund
Principal Management Analyst
0
1
1
General Fund
Senior Accountant
0
1
1
General Fund
Senior Finance Technician
0
1
1
TOTAL
9
10
10
TOTAL NUMBER OF ELECTED OFFICIALS
5
5
5
TOTAL NUMBER OF PART-TIME EMPLOYEES
8.87
7.76
6.79
TOTAL NUMBER OF FULL-TIME EMPLOYEES
91
100
100
TOTAL NUMBER OF EMPLOYEES
104.87
112.76
111.79
456
PUBLIC HEARING ITEM NO. 1
City of La Quinta
CITY COUNCIL MEETIN( June 18, 2024
STAFF REPORT
AGENDA TITLE: ADOPT RESOLUTION APPROVING FISCAL YEARS 2024/25
THROUGH 2O28/29 CAPITAL IMPROVEMENT PROGRAM
RECOMMENDATION
Adopt a resolution approving fiscal years 2024/25 through 2028/29 Capital Improvement
Program.
EXECUTIVE SUMMARY
• The Capital Improvement Program (CIP) is a five-year program that identifies the
scope, budget, and schedule for street, park, facility, and infrastructure projects.
• Staff presented fiscal year (FY) 2024/25 projects on April 2, 2024 to the Council
and on April 3, 2024 to the Financial Advisory Commission (FAC).
• 26 projects are identified for FY 2024/25 with an estimated cost of $28 million. This
first year of the CIP Program is called the "Capital Budget".
• The 2024/25 projects have been incorporated for appropriation into the Operating
and Capital Budget.
• The 2024 project list was presented to the Planning Commission on June 11, 2024
and was found consistent with the General Plan.
• Pursuant to the Government Code, Council must hold a public hearing on the CIP
and consider its adoption by resolution after a public hearing.
FISCAL IMPACT
While the Council is requested to approve the five-year CIP, only FY 2024/25 projects are
funded as follows:
457
Project No.
Project-JTotal Funding
2425ADA
ADA Accessible Ramps - Various Locations
$
Is
20,000
2425CPM
Citywide Preventative Maintenance Plan Improvements
50,000
2425PMP
Pavement Management Plan Street Improvements
S
1,000,000
2425PMP
Paverent Management Plan Street Improvements
$
1,i100,1)I)I)
2425STI
Sidewalks - Various Locations
$
55,000
2425TMI
Citywide Traffic Signal Maintenance Improvements
$
235,000
2425DRA
Citywide Drainage Enhancements
$
477,000
201702
Developer Reimbursement for DIF Eligible Improvements
S
400,000
201804
Landscape and Lighting Median Island Improvements
S
500,000
201805
nppratinns Yard
$
pnn nno
201805
Maintenance and Operations Yard
$
140,000
2P,
Ural C�-
201901
Cultural Campus
$
50,000
rir
-y 111 (-
201905
Highway 111 Corridor Area Plan Implementation
$
984,000
201905
Highway 111 Corridor Area Plan Implementation
$
4,000,000
202101
Dune Palms Pavement Rehabilitation
$
200,000
202102
202205
Avenue 50 Widening Improvements (Jefferson Street to Madison Street)
579,109
202333
Bridge Preventative Maintenance Program
165,000
202401
Avenue 50 Sidewalk Improvements {Washington Street to Avenida Montero]
400,000
202402
Washington Street Sidewalk Improvements {CaIle Tampico to Avenue 52FO
478,000
202403
Cove Area Slurry Seal Improvements Phase 1
$
1,000,000
202404
City HaJJ Drainage Improvements
$
1,000,000
202405
Citywide Miscellaneous ADA Improvements
175,ON
202406
Citywide Miscellaneous Concrete Improvements
$
1,000,000
202407
Citywide Dog Park Improvements
$
1,000,000
202407
Citywide Dag Park Improvements
$
500,000
202408
Village Parking Lot Utility Undergrounding
500000
202409
Welcome Center Improvements
750:000
202410
Avenue 52 at Jefferson Street Roundabout Safety Improvements
0
h
.500,000
202411
SilverRock Way Slurry Seal Improvements
500,000
18,109
Color Key
TEAL: Measure G Funds $12,200,000 (4'
ORANGE: General Funds $5,717,000 (20.3%)
WHITE: Measure A and SB1 RMRA Funds $3,797,000 (13.5%)
Special Revenue Funds $6,404,109 (22.8%)
The following is a summary of the 2024/25 projects:
2024/25 CIP Proiects
• Transportation - Roadway
✓ Pavement Management Plan
✓ Highway 111 Corridor Area Plan Implementation
✓ Dune Palms Pavement Rehabilitation (Miles Avenue to Fred Waring Drive)
✓ Avenue 50 Widening Improvements (Jefferson Street to Madison Street)
✓ Bridge Preventative Maintenance Program
✓ Cove Area Slurry Seal Improvements Phase 1
✓ Avenue 52 at Jefferson Street Roundabout Safety Improvements
✓ SilverRock Way Slurry Seal Improvements
• Transportation - Pedestrian
✓ ADA Accessible Ramps — Various Locations
✓ Sidewalks —Various Locations
✓ Citywide Miscellaneous ADA Improvements
✓ ADA Transition Plan Update
✓ Avenue 50 Sidewalk Improvements (Washington Street to Avenida
Montero)
✓ Washington Street Sidewalk Improvements (Calle Tampico to Avenue 52)
✓ Citywide Miscellaneous Concrete Improvements
• Parks and Facilities
✓ Maintenance and Operations Yard
✓ Citywide Dog Park Improvements
✓ Welcome Center Improvements
✓ Citywide Preventative Maintenance Improvements
✓ Fritz Burns Park Improvements
✓ Village Parking Lot Utility Undergrounding
✓ Cultural Campus
• Landscape Improvements
✓ Landscape and Lighting Median Island Improvements
• Drainage Enhancements
✓ Citywide Drainage Enhancements
• Reimbursement Agreements
✓ Developer Reimbursement for DIF Eligible Improvements
• Traffic Signal Improvements
✓ Citywide Traffic Signal Maintenance Improvements
The Capital Budget is based on existing funds and projected revenues. Projects slated
for subsequent years are approved on a planning basis and do not receive expenditure
459
authority until they are incorporated in the Capital Budget.
Those projects designated as "Additional Projects" in Attachment 1 do not have identified
funding sources. In the case of Development Impact Fee (DIF) funded projects, a long-
term collection period is required to accumulate funds before projects are implemented.
Notice of public hearing was advertised in The Desert Sun newspaper on June 5, 2024.
ALTERNATIVES
Council may modify the 2024/25 through 2028/29 CIP.
Prepared by: Carley Escarrega, Administrative Technician
Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer
Attachments: 1. 2021-26 Pavement Management — 5-year plan
2. CIP Unfunded Additional Projects Expenditure Summary
460
RESOLUTION NO. 2024 - XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, APPROVING THE FISCAL
YEAR 2024/2025 THROUGH 2O28/2029 CAPITAL
IMPROVEMENT PROGRAM
WHEREAS, pursuant to Government Code Section 66002, the City of La Quinta
("City") is required to review and approve a Capital Improvement Program ("CIP"); and
WHEREAS, the City is required to conduct a noticed public hearing for
consideration and approval of the CIP; and
WHEREAS, notice of the public hearing has been given pursuant to Government
Code Section 65090, specifically, the required notice was published on June 5, 2024 in
The Desert Sun; and
WHEREAS, the CIP is a five-year planning instrument used by the City to identify
capital improvement needs and to coordinate financing and timing of those needs in a
manner that maximizes the return to the public; and
WHEREAS, the CIP is a statement of the City's goals, objectives and priorities for
a five-year plan and the financial commitments required to accomplish those objectives;
and
WHEREAS, the Fiscal Year 2024/2025 through 2028/2029 Program proposes
approximately $67.9 million in improvement projects and identifies $61.3 million of
unfunded additional improvement projects over the five-year period, commencing on July
1, 2024 and ending June 30, 2029; and
WHEREAS, the amount allocated for the CIP for first -year projects, called the
"Capital Budget," proposes $28.1 million in improvements, which will become effective on
July 1, 2024; and
WHEREAS, it would be in the best interest of the public to completely fund all
improvements identified within the Capital Budget.
NOW THEREFORE, BE IT RESOLVED, by the La Quinta City Council, as follows:
SECTION 1. The above recitations are true and correct.
SECTION 2. The City Council hereby approves the Fiscal Year 2024/2025
through 2028/2029 Capital Improvement Program "Exhibit A" and confirms the inclusion
of the Capital Budget into the Fiscal Year 2024/2025 operating budget, which
appropriates funds for specific facilities, equipment and improvements.
461
Resolution No. 2024 - XXX
Capital Improvement Program for Fiscal Years 2024/25 through 2028/29
Adopted: June 18, 2024
Page 2 of 2
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City
Council held on this 18th day of June 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
LINDA EVANS, Mayor
City of La Quinta, California
462
CITY OF LA QUINTA
CAPITAL IMPROVEMENT PROGRAM
REVENUE SUMMARY
RESOLUTION NO. 2024-XXX
EXHIBIT A
ADOPTED JUNE 18, 2024
General Community Maintenance
Fund Measure G /Cultural SB 1 Road DIF and Facilities
Other
Other
Project # Project Description Operating Sales Tax Center DIF Maint/Rehab Transportation DIF Measure A Revenue Revenue Source Total
2024/2025
2425ADA
ADA Accessible Ramps - Various Locations
20,000
20,000
2425CPM
Citywide Preventative Maintenance Plan Improvements
50,000 Equip Replacement Fund
50,000
2425PMP
Pavement Management Plan Street Improvements
1,000,000
1,000,000
2,000,000
2425STI
Sidewalks - Various Locations
55,000
55,000
2425TMI
Citywide Traffic Signal Maintenance Improvements
235,000
235,000
2425DRA
Citywide Drainage Enhancements
477,000
No Earmark Funding Anticipated
477,000
201702
Developer Reimbursement for DIF Eligible Improvements
400,000
400,000
201804
Landscape and Lighting Median Island Improvements
500,000
500,000
201805
Maintenance and Operations Yard
900,000
100,000
1,000,000
201901
Cultural Campus
1,000,000 500,000
1,500,000
201905
Highway 111 Corridor Area Plan Implementation (for 2022-25)
3,050,000 984,000
4,000,000 Earmark Funding 2024
8,034,000
202101
Dune Palms Pavement Rehabilitation (Miles Avenue to Fred Waring Drive)
200,000
200,000
202102
Fritz Burns Park Improvements
5,000,000
Reprogram project 202304 HWY 111 Event Site (MG $500k)
5,000,000
202205
Avenue 50 Widening Improvements (Jefferson Street to Madison Street)
579,109
579,109
202333
BPMP Bridge Preventative Maintenance Program
165,000
165,000
202401
Avenue 50 Sidewalk Improvements (Washington Street to Avenida Montero)
400,000
400,000
202402
Washington Street Sidewalk Improvements (Calle Tampico to Avenue 52)
478,000
Reprogram of 23/24 SB1 funds
478,000
202403
Cove Area Slurry Seal Improvements Phase 1
1,000,000
1,000,000
202404
City Hall Drainage Improvements
1,000,000
1,000,000
202405
Citywide Miscellaneous ADA Improvements
175,000 CDBG
175,000
202406
Citywide Miscellaneous Concrete Improvements
1,000,000
1,000,000
202407
Citywide Dog Park Improvements
1,000,000
500,000
Reprogram project 202310 SRR Dust Control (GF $1M)
1,500,000
202408
Village Parking Lot Utility Undergrounding
500,000
500,000
202409
Welcome Center Improvements
750,000
750,000
202410
Avenue 52 at Jefferson Street Roundabout Safety Improvements
600,000
600,000
202411
SilverRock Way Slurry Seal Improvements
500,000
500,000
FY 2024/2025 SUBTOTAL: 5,717,000 12,200,000 500,000 1,462,000 1,579,109 100,000 2,335,000 4,225,000
28,118,109
463
CITY OF LA QUINTA
CAPITAL IMPROVEMENT PROGRAM
REVENUE SUMMARY
General Community Maintenance
Fund Measure G /Cultural SB 1 Road DIF and Facilities Other Other
Project # Project Description Operating Sales Tax Center DIF Maint/Rehab Transportation DIF Measure A Revenue Revenue Source Total
2025/2026
2526ADA
ADA Accessible Ramps - Various Locations
20,000
20,000
2526CPM
Citywide Preventative Maintenance Plan Improvements
50,000 Equip Replacement Fund
50,000
2526PMP
Pavement Management Plan Street Improvements
1,000,000
1,000,000
2,000,000
2526STI
Sidewalks - Various Locations
55,000
55,000
2526TMI
Citywide Traffic Signal Maintenance Improvements
235,000
235,000
2425DRA
Citywide Drainage Enhancements
477,000
477,000
201702
Developer Reimbursement for DIF Eligible Improvements
400,000
400,000
201804
Landscape and Lighting Median Island Improvements
500,000
500,000
201805
Maintenance and Operations Yard
7,500,000
7,500,000
201905
Highway 111 Corridor Area Plan Implementation
1,000,000
1,000,000
202501
Citywide Striping Refresh
500,000
500,000
202502
Highway 111/Simon Drive Dual Left Turn Lanes
700,000
700,000
202503
Cove Area Slurry Seal Improvements Phase 2
950,000
950,000
202504
Avenue 47 Pavement Rehabilitation (Washington Street to Adams Street)
525,000
525,000
202505
Phase III Public Safety Camera System
3,000,000
3,000,000
202506
Washington Street at Lake La Quinta Drive (New Traffic Signal)
430,000
430,000
202507
Francis Hack Lane Pavement Rehabilitation (Avenida Bermudas to Cul-De-Sac)
580,000
580,000
202508
Corporate Centre Drive Gap Closure
1,000,000
1,000,000
202509
5-Year PMPUpdate
75,000
75,000
202510
Washinqton Street Pavement Rehabilitation Proiect (Eisenhower Drive to northern city limit)
3,100,000 Federal Earmark Fundinq
3,100,000
FY 2025/2026 SUBTOTAL: 2,052,000 12,500,000 0 950,000 1,830,000 2,615,000 3,150,000 23,097,000
2026/2027
2627ADA
ADA Accessible Ramps - Various Locations
20,000
20,000
2627CPM
Citywide Preventative Maintenance Plan Improvements
50,000 Equip Replacement Fund
50,000
2627PMP
Pavement Management Plan Street Improvements
1,000,000 1,000,000
2,000,000
2627STI
Sidewalks - Various Locations
55,000
55,000
2627TMI
Citywide Traffic Signal Maintenance Improvements
235,000
235,000
2627DRA
Citywide Drainage Enhancements
477,000
477,000
201702
Developer Reimbursement for DIF Eligible Improvements
400,000
400,000
201804
Landscape and Lighting Median Island Improvements
500,000
500,000
201905
Highway 111 Corridor Area Plan Implementation
1,000,000
1,000,000
202601
North La Quinta Slurry Seal Improvements/Pavement Repair
1,500,000
1,500,000
202602
Citywide Arterial Slurry Seal Improvements
1,000,000
1,000,000
FY 2026/2027 SUBTOTAL: 2,052,000 2,000,000 0 1,000,000 400,000 1,735,000 50,000 7,237,000
2027/2028
2728ADA
ADA Accessible Ramps - Various Locations
20,000
20,000
2728CPM
Citywide Preventative Maintenance Plan Improvements
50,000 Equip Replacement Fund 50,000
2728PMP
Pavement Management Plan Street Improvements
1,000,000 1,000,000
2,000,000
2728STI
Sidewalks - Various Locations
55,000
55,000
2728TMI
Citywide Traffic Signal Maintenance Improvements
235,000 235,000
2728DRA
Citywide Drainage Enhancements
477,000
477,000
201702
Developer Reimbursement for DIF Eligible Improvements
400,000 400,000
201804
Landscape and Lighting Median Island Improvements
500,000
500,000
201905
Highway 111 Corridor Area Plan Implementation
1,000,000
1,000,000
FY 2027/2028 SUBTOTAL: 2,052,000 2,000,000 0 0 400,000 235,000 50,000 4,737,000
2028/2029
2829ADA
ADA Accessible Ramps - Various Locations
20,000
20,000
2829CPM
Citywide Preventative Maintenance Plan Improvements
50,000 Equip Replacement Fund 50,000
2829PMP
Pavement Management Plan Street Improvements
1,000,000 1,000,000
2,000,000
2829STI
Sidewalks - Various Locations
55,000
55,000
2829TMI
Citywide Traffic Signal Maintenance Improvements
235,000 235,000
2829DRA
Citywide Drainage Enhancements
477,000
477,000
201702
Developer Reimbursement for DIF Eligible Improvements
400,000 400,000
201804
Landscape and Lighting Median Island Improvements
500,000
500,000
464
CITY OF LA QUINTA
CAPITAL IMPROVEMENT PROGRAM
REVENUE SUMMARY
General Community Maintenance
Fund Measure G /Cultural SIB 1 Road DIF and Facilities Other Other
Project # Project Description Operating Sales Tax Center DIF Maint/Rehab Transportation DIF Measure A Revenue Revenue Source Total
201905 Highway 111 Corridor Area Plan Implementation 1,000,000 1.000,000
FY 2028/2029 SUBTOTAL: 2,052,000 2,000,000 0 0 400,000 235,000 50,000 4,737,000
TOTAL FISCAL YEARS 2024/25 THROUGH 2O28/29: 13,925,000 30,700,000 500,000 3,412,000 4,609,109 100,000 7,155,000 7,525,000 67,926,109
465
CITY OF LA QUINTA
CAPITAL IMPROVEMENT PROGRAM
EXPENDITURE SUMMARY
Inspection/
Engineering/ Testing/ Other
Project # Project Description Design Construction Survey Professional Contingency Other Expenditure Total
2024/2025
2425ADA ADA Accessible Ramps - Various Locations
1,450
14,000
1,350
1,200
2,000
20,000
2425CPM Citywide Preventative Maintenance Plan Improvements
3,625
35,000
3,375
3,000
5,000
50,000
2425PMP Pavement Management Plan Street Improvements
145,000
1,400,000
135,000
120,000
200,000
2,000,000
2425STI Sidewalks - Various Locations
3,988
38,500
3,713
3,300
5,500
55,000
2425TMI
Citywide Traffic Signal Maintenance Improvements
0
235,000
0
0
0
235,000
2425DRA
Citywide Drainage Enhancements
34,583
333,900
32,198
28,620
47,700
477,000
201702
Developer Reimbursement for DIF Eligible Improvements
0
0
0
0
0 400,000 Reimbursement
400,000
201804
Landscape and Lighting Median Island Improvements
0
500,000
0
0
0
500,000
201805
Maintenance and Operations Yard
72,500
700,000
67,500
60,000
100,000
1,000,000
201901
Cultural Campus
108,750
1,050,000
101,250
90,000
150,000
1,500,000
201905
Highway 111 Corridor Area Plan Implementation (for 2022-25)
582,465
5,623,800
542,295
482,040
803,400
8,034,000
202101
Dune Palms Pavement Rehabilitation (Miles Avenue to Fred Waring Drive)
0
200,000
0
0
0
200,000
202102
Fritz Burns Park Improvements
0
5,000,000
0
0
0
5,000,000
202205
Avenue 50 Widening Improvements (Jefferson Street to Madison Street)
41,985
405,376
39,090
34,747
57,911
579,109
202333
BPMP Bridge Preventative Maintenance Program
165,000
0
0
0
0
165,000
202401
Avenue 50 Sidewalk Improvements (Washington Street to Avenida Montero)
29,000
280,000
27,000
24,000
40,000
400,000
202402
Washington Street Sidewalk Improvements (Calle Tampico to Avenue 52)
450,000
0
0
28,000
0
478,000
202403
Cove Area Slurry Seal Improvements Phase 1
72,500
700,000
67,500
60,000
100,000
1,000,000
202404
City Hall Drainage Improvements
72,500
700,000
67,500
60,000
100,000
1,000,000
202405
Citywide Miscellaneous ADA Improvements
12,688
122,500
11,813
10,500
17,500
175,000
202406
Citywide Miscellaneous Concrete Improvements
72,500
700,000
67,500
60,000
100,000
1,000,000
202407
Citywide Dog Park Improvements
108,750
1,050,000
101,250
90,000
150,000
1,500,000
202408
Village Parking Lot Utility Undergrounding
36,250
350,000
33,750
30,000
50,000
500,000
202409
Welcome Center Improvements
54,375
525,000
50,625
45,000
75,000
750,000
202410
Avenue 52 at Jefferson Street Roundabout Safety Improvements
43,500
420,000
40,500
36,000
60,000
600,000
202411
SilverRock Way Slurry Seal Improvements
36,250
350,000
33,750
30,000
50,000
500,000
FY 2024/2025 SUBTOTAL: 2,147,658 20,733,076 1,426,957 1,296,407 2,114,011
2025/2026
28,118,109
2526ADA
ADA Accessible Ramps - Various Locations
1,450
14,000
1,350
1,200
2,000
20,000
2526CPM
Citywide Preventative Maintenance Plan Improvements
3,625
35,000
3,375
3,000
5,000
50,000
2526PMP
Pavement Management Plan Street Improvements
145,000
1,400,000
135,000
120,000
200,000
2,000,000
2526STI
Sidewalks - Various Locations
3,988
38,500
3,713
3,300
5,500
55,000
2526TMI
Citywide Traffic Signal Maintenance Improvements
0
235,000
0
0
0
235,000
2425DRA
Citywide Drainage Enhancements
34,583
333,900
32,198
28,620
47,700
477,000
201702
Developer Reimbursement for DIF Eligible Improvements
0
0
0
0
0 400,000 Reimbursement
400,000
201804
Landscape and Lighting Median Island Improvements
36,250
350,000
33,750
30,000
50,000
500,000
201805
Maintenance and Operations Yard
543,750
5,250,000
506,250
450,000
750,000
7,500,000
466
CITY OF LA QUINTA
CAPITAL IMPROVEMENT PROGRAM
201905
Highway 111 Corridor Area Plan Implementation
72,500
700,000
67,500
60,000
100,000
1,000,000
202501
Citywide Striping Refresh
36,250
350,000
33,750
30,000
50,000
500,000
202502
Highway 111/Simon Drive Dual Left Turn Lanes
50,750
490,000
47,250
42,000
70,000
700,000
202503
Cove Area Slurry Seal Improvements Phase 2
68,875
665,000
64,125
57,000
95,000
950,000
202504
Avenue 47 Pavement Rehabilitation (Washington Street to Adams Street)
38,063
367,500
35,438
31,500
52,500
525,000
202505
Phase III Public Safety Camera System
217,500
2,100,000
202,500
180,000
300,000
3,000,000
202506
Washington Street at Lake La Quinta Drive (New Traffic Signal)
31,175
301,000
29,025
25,800
43,000
430,000
202507
Francis Hack Lane Pavement Rehabilitation (Avenida Bermudas to Cul-De-Sac)
42,050
406,000
39,150
34,800
58,000
580,000
202508
Corporate Centre Drive Gap Closure
72,500
700,000
67,500
60,000
100,000
1,000,000
202509
5-Year PMPUpdate
75,000
202510
Washington Street Pavement Rehabilitation Project (Eisenhower Drive to northern city limit)
3,100,000
FY 2025/2026 SUBTOTAL: 1,398,308 13,735,900 1,301,873 1,157,220 1,928,700 400,000 23,097,000
2026/2027
2627ADA
ADA Accessible Ramps - Various Locations
1,450
14,000
1,350
1,200
2,000
20,000
2627CPM
Citywide Preventative Maintenance Plan Improvements
3,625
35,000
3,375
3,000
5,000
50,000
2627PMP
Pavement Management Plan Street Improvements
145,000
1,400,000
135,000
120,000
200,000
2,000,000
2627STI
Sidewalks - Various Locations
3,988
38,500
3,713
3,300
5,500
55,000
2627TMI
Citywide Traffic Signal Maintenance Improvements
0
235,000
0
0
0
235,000
2627DRA
Citywide Drainage Enhancements
34,583
333,900
32,198
28,620
47,700
477,000
201702
Developer Reimbursement for DIF Eligible Improvements
0
0
0
0
0 400,000 Reimbursement
400,000
201804
Landscape and Lighting Median Island Improvements
36,250
350,000
33,750
30,000
50,000
500,000
201905
Highway 111 Corridor Area Plan Implementation
72,500
700,000
67,500
60,000
100,000
1,000,000
202601
North La Quinta Slurry Seal Improvements/Pavement Repair
108,750
1,050,000
101,250
90,000
150,000
1,500,000
202602
Citywide Arterial Slurry Seal Improvements
72,500
700,000
67,500
60,000
100,000
1,000,000
FY 2026/2027 SUBTOTAL: 478,645 4,856,400 445,635 396,120 660,200 400,000
2027/2028
7,237,000
2728ADA
ADA Accessible Ramps - Various Locations
1,450
14,000
1,350
1,200
2,000
20,000
2728CPM
Citywide Preventative Maintenance Plan Improvements
3,625
35,000
3,375
3,000
5,000
50,000
2728PMP
Pavement Management Plan Street Improvements
145,000
1,400,000
135,000
120,000
200,000
2,000,000
2728STI
Sidewalks - Various Locations
3,988
38,500
3,713
3,300
5,500
55,000
2728TMI
Citywide Traffic Signal Maintenance Improvements
0
235,000
0
0
0
235,000
2728DRA
Citywide Drainage Enhancements
34,583
333,900
32,198
28,620
47,700
477,000
201702
Developer Reimbursement for DIF Eligible Improvements
0
0
0
0
0 400,000 Reimbursement
400,000
201804
Landscape and Lighting Median Island Improvements
36,250
350,000
33,750
30,000
50,000
500,000
201905
Highway 111 Corridor Area Plan Implementation
72,500
700,000
67,500
60,000
100,000
1,000,000
FY 2027/2028 SUBTOTAL: 803,228 7,990,300 747,833 664,740 1,107,900 800,000
2028/2029
4,737,000
2829ADA
ADA Accessible Ramps - Various Locations
1,450
14,000
1,350
1,200
2,000
20,000
2829CPM
Citywide Preventative Maintenance Plan Improvements
3,625
35,000
3,375
3,000
5,000
50,000
2829PMP
Pavement Management Plan Street Improvements
145,000
1,400,000
135,000
120,000
200,000
2,000,000
2829STI
Sidewalks - Various Locations
3,988
38,500
3,713
3,300
5,500
55,000
2829TMI Citywide Traffic Signal Maintenance Improvements
0
235,000
0
0
0
235,000
2829DRA Citywide Drainage Enhancements
34,583
333,900
32,198
28,620
47,700
477,000
201702 Developer Reimbursement for DIF Eligible Improvements
0
0
0
0
0 400,000 Reimbursement
400,000
201804 Landscape and Lighting Median Island Improvements
36,250
350,000
33,750
30,000
50,000
500,000
467
201905 Hiqhwav 111 Corridor Area Plan Implementation
CITY OF LA QUINTA
CAPITAL IMPROVEMENT PROGRAM
EXPENCIm IRE Sl IMMARY
72,500 700,000 67,500
60,000 100,000
FY 2028/2029 SUBTOTAL:
297,395
3,106,400
276,885
246,120
410,200
400,000
4,737,000
TOTAL FISCAL YEARS 2024/25 THROUGH 2O28/29:
5,125,233
50,422,076
4,199,182
3,760,607
6,221,011
2,000,000
67,926,109
ATTACHMENT 1
CITY OF LA QUINTA
PAVEMENT MAINTENANCE AND REHABILITATION BUDGET MAP
2021-26
�P
NNr �u
NVY 111
MM
m
cp �V cac�[ m cA AM
1\ I�S/iH�a�oa 52 O
L
E ENSE— i
NocaEES a a.
� ��gg saiicrw�
z tl
p� � �EiLLG iRBP
54M AVENUE 54TH AVENUE
LEGEND
La Quinta
Streets
PAVEMENT MANAGEMENT PLAN
2021-22
2022-23
2023-24
2024-25
2025-26
CAPITAL IMPROVEMENT PROGRAM
2021-22
2022-23
2023-24
2024-25
2025-26
I
469
ATTACHMENT 2
CITY OF LA QUINTA
CAPITAL IMPROVEMENT PROGRAM
UNFUNDED ADDITIONAL PROJECTS - REVENUE SUMMARY
Project # Project Description
DIF DIF DIF
Quimby Funds Transportation Parks/Rec Maint Facility
DIF
Fire Other
Other
Revenue Source
Total
BRIDGE IMPROVEMENTS
AD
1
Washington Street Bridge Railing (Replacement)
1,070,355
TBD/City of Indian Wells
1,070,355
DRAINAGE IMPROVEMENTS
MISCELLANEOUS IMPROVEMENTS
AD
2
Village Area Parking Structure
10,000,000
TBD
10,000,000
AD
3
Village Area Parking Lot
2,500,000
TBD
2,500,000
PUBLIC FACILITIES
AD
4
City Hall Solar Panels
1,000,000
TBD
1,000,000
AD
5
Library/Wellness Center Solar Panels
1,000,000
TBD
1,000,000
AD
6
Southeast Area Fire Station
2,198,500 2,198,500
County of Riverside
4,397,000
PARKS
AD
7
Sports Complex Field Improvements
5,551,129
TBD
5,551,129
AD
8
SilverRock Park Venue Phase II
4,369,439
TBD
4,369,439
STREET IMPROVEMENTS
AD
9
Avenue 62 Street Improvements (Monroe Street to Madison Street)
1,949,000
Dev Contribution
1,949,000
AD
10
Highway 111 at La Quinta Center Drive (Dual Left Turn Lanes)
703,000
TBD
703,000
AD
11
Jefferson Street Extension (Avenue 58 to Avenue 60)
1,000,000
2,064,160
Dev Contribution
3,064,160
STREET IMPROVEMENTS - BICYCLE PATHS
AD
12
Citywide Bicycle Path Improvements
8,600,000
TBD
8,600,000
STREET IMPROVEMENTS - ROUNDABOUTS
AD
13
Madison Street at Avenue 58 Two Lane Roundabout
2,388,000
2,388,000
AD
14
Madison Street at Avenue 60 Two Lane Roundabout
2,388,000
2,388,000
AD
15
Monroe Street at Avenue 54 Two Lane Roundabout
1,194,000
1,194,000
County of Riverside
2,388,000
AD
16
Monroe Street at Avenue 58 Two Lane Roundabout
1,194,000
1,194,000
County of Riverside
2,388,000
AD
17
Monroe Street at Avenue 60 Two Lane Roundabout
2,388,000
2,388,000
AD
18
Monroe Street at Avenue 62 Two Lane Roundabout
597,000
1,791,000
TBD/County of Riverside
2,388,000
AD
19
Jefferson Street at Avenue 54 Roundabout
1,791,000
597,000
Dev Contribution
2,388,000
STREET IMPROVEMENTS - TRAFFIC SIGNALS
AD
20
Avenue 50 at Orchard Lane (New Traffic Siqnal)
107,500
322,500
Dev Contribution
430,000
TOTAL ADD PROJECTS: 0 13,047,500 0 0 2,198,500 46,104,083 61,350,083
470
CITY OF LA QUINTA
CAPITAL IMPROVEMENT PROGRAM
UNFUNDED ADDITIONAL PROJECTS - EXPENDITURE SUMMARY
Project # Project Description
Engineering
Construction
Inspection
Professional
Contingency Other
Total
BRIDGE IMPROVEMENTS
AD
1
Washington Street Bridge Railing (Replacement)
107,036
800,090
82,953
26,759
53,518
1,070,355
DRAINAGE IMPROVEMENTS
MISCELLANEOUS IMPROVEMENTS
AD
2
Village Area Parking Structure
1,000,000
7,475,000
775,000
250,000
500,000
10,000,000
AD
3
Village Area Parking Lot
250,000
1,868,750
193,750
62,500
125,000
2,500,000
PUBLIC FACILITIES
AD
4
City Hall Solar Panels
50,000
950,000
1,000,000
AD
5
Library/Wellness Center Solar Panels
50,000
950,000
1,000,000
AD
6
Southeast Area Fire Station
439,700
3,286,758
340,768
109,925
219,850
4,397,000
PARKS
AD
7
Sports Complex Field Improvements
555,113
4,149,469
430,212
138,778
277,556
5,551,129
AD
8
SilverRock Park Venue Phase II
436,944
3,266,156
338,632
109,236
218,472
4,369,439
STREET IMPROVEMENTS
AD
9
Avenue 62 Street Improvements (Monroe Street to Madison Street)
194,900
1,456,878
151,048
48,725
97,450
1,949,000
AD
10
Highway 111 at La Quinta Center Drive (Dual Left Turn Lanes)
70,300
525,493
54,483
17,575
35,150
703,000
AD
11
Jefferson Street Extension (Avenue 58 to Avenue 60)
306,416
2,290,460
237,472
76,604
153,208
3,064,160
STREET IMPROVEMENTS - BICYCLE PATHS
AD
12
Citywide Bicycle Path Improvements
860,000
6,428,500
666,500
215,000
430,000
8,600,000
STREET IMPROVEMENTS - ROUNDABOUTS
AD
13
Madison Street at Avenue 58 Two Lane Roundabout
238,800
1,785,030
185,070
59,700
119,400
2,388,000
AD
14
Madison Street at Avenue 60 Two Lane Roundabout
238,800
1,785,030
185,070
59,700
119,400
2,388,000
AD
15
Monroe Street at Avenue 54 Two Lane Roundabout
238,800
1,785,030
185,070
59,700
119,400
2,388,000
AD
16
Monroe Street at Avenue 58 Two Lane Roundabout
238,800
1,785,030
185,070
59,700
119,400
2,388,000
AD
17
Monroe Street at Avenue 60 Two Lane Roundabout
238,800
1,785,030
185,070
59,700
119,400
2,388,000
AD
18
Monroe Street at Avenue 62 Two Lane Roundabout
238,800
1,785,030
185,070
59,700
119,400
2,388,000
AD
19
Jefferson Street at Avenue 54 Roundabout
238,800
1,785,030
185,070
59,700
119,400
2,388,000
STREET IMPROVEMENTS - TRAFFIC SIGNALS
AD
20
Avenue 50 at Orchard Lane (New Traffic Signal)
43,000
321,425
33,325
10,750
21,500
430,000
SUBTOTAL ADD PROJECTS 6,035,008 46,264,187 4,599,631 1,483,752 2,967,504 - 61,350,083
471
472
City of La Quinta
CITY COUNCIL MEETING: ,tune 18, 2024
STAFF REPORT
AGENDA TITLE: ADOPT RESOLUTION
DISTRICT DIAGRAM FOR FISCAL YEAR
ASSESSMENT DISTRICT 89-1
RECOMMENDATION
PUBLIC HEARING ITEM NO. 2
CONFIRMING THE ASSESSMENT AND
2024/25 LANDSCAPE AND LIGHTING
Adopt a resolution confirming the Assessment and District Diagram for the Landscape and
Lighting Assessment District 89-1 for fiscal year 2024/25, pursuant to the Engineer's report.
EXECUTIVE SUMMARY
• Annually, Council must take certain actions pertaining to Citywide Landscape and
Lighting Assessment District 89-1 (District) to allow the City to levy annual
assessments.
• These assessments fund 25% of the citywide landscape, lighting, median, and
parkway maintenance costs. Fiscal year (FY) 2024/25 assessment rate will remain
at $35.60 per dwelling/parcel also identified as an Equivalent Benefit Unit (EBU).
This has been the rate since 1997.
• Adopting this resolution is necessary for the Riverside County Assessor to place the
assessment on the tax roll for FY 2024/25.
FISCAL IMPACT
FY 2024/25 estimated cost for retention basin and right-of-way maintenance (landscaping
and lighting maintenance for medians and parkways) is $4,000,700.
The assessment charge will generate an estimated $997,118. The City will also receive
$150,000 from County Service Area 152, levied by Riverside County, to fund retention
basin maintenance. The combined income is projected to be $1,147,118; this leaves a
shortfall of $2,853,582 to be funded by the General Fund.
BACKGROUND/ANALYSIS
In 1989, the Council formed a District to fund costs associated with the maintenance,
construction and servicing of landscape areas, streetlights and traffic signals. The District
was modified in 1997 to conform to Proposition 218, which required the removal of
473
maintenance costs for facilities that provide general benefit to the public such as parks, fire
stations, and public buildings. Since 1997, the City's District has only included maintenance
costs for streets, streetlights, traffic signals, landscape medians, parkways and retention
basins since these costs are considered "exempt" under Proposition 218. Beginning in
1997, maintenance of "non-exempt" items (i.e., facilities providing general benefit) were
shown separately but still shown as part of the overall landscape maintenance budget.
Proposition 218 requires that any assessment rate increase be supported by a benefits
analysis and Citywide vote in favor of the increase. These requirements locked the
assessment rate at $35.60 since 1997, while maintenance costs have more than
quadrupled.
On June 4, 2024, the Council adopted the following resolutions:
• Resolution No. 2024-019 approving the Preliminary Engineer's Report for FY
2024/25 in connection with the District.
• Resolution No. 2024-020 declaring intention to levy annual assessment for
construction, maintenance, and servicing landscape and lighting improvements within
the boundaries of the territory included in the citywide District and giving notice
thereof.
The engineer's report must contain the following information:
1. A description of the services to be provided throughout the District;
2. Total costs necessary to provide all services described in the engineer's report;
3. A diagram showing the boundaries of the District, including special benefit zones; and
4. An assessment schedule.
The final engineer's report (Attachment 1) has been completed and establishes the
maintenance budget and number of benefitting parcels. The chart below compares the
projected FY 2024/25 data with FY 2023/24 data:
City wide Benefit Zone
Number of Local Benefit Units
Number of Equivalent Benefit Units (EBUs)
EBU Rate
District Revenue
2024/25
Yes
6
28.009
$35.60/EBU
$997,118
2023/24
Yes
6
27,782
$35.60/EBU
$989,016
The City's consultant, Willdan Financial Services, projects an increase of 227 EBU's from
2023/24 to 2024/25; actuals will be based on the final FY 2024/25 County Secured Tax
Roll.
This public hearing affords an opportunity for impacted property owners to ask questions
regarding the District and to provide public testimony regarding any proposed changes. No
474
changes are proposed at this time. The City Council may adopt FY 2024/25 assessment
fees only after the public hearing has been conducted.
Should the Council receive testimony through the public meeting/hearing that warrants a
change to the assessment level, the Council can lower the assessment by a majority vote.
If lowered, the reduction in assessment level would impact the revenues necessary to fund
the District's 2024/25 operational budget. Council may also increase the assessment level
but only by a special -benefit analysis and vote through a property -owner ballot.
If service levels are not adjusted accordingly, the General Fund would be required to make
up the difference.
ALTERNATIVES
The Council can direct staff to adjust the engineer's report to reflect any changes resulting
from the public hearing. Should Council direct amendments to the engineer's report, an
amended report and impacts of the amendments would be submitted for approval at the
July 16, 2024, Council meeting.
Prepared by: Dianne Hansen, Maintenance & Operations Superintendent
Approved by: Bryan McKinney, Public Works Director/City Engineer
Attachment: 1. FY 2024/25 Engineers Annual Levy Report
475
RESOLUTION NO. 2024 — XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, CONFIRMING THE DIAGRAM
AND ASSESSMENTS FOR FISCAL YEAR 2024/2025
LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT
89-1 (PURSUANT TO THE LANDSCAPE AND LIGHTING
ACT OF 1972)
WHEREAS, maintenance of landscape improvements in roadways and drainage
facilities is a very important service in our community. Landscaping, if well maintained,
provides beautification and enhancement to the surroundings, along with a positive
effect on property values; and
WHEREAS, the annual assessments generated by the existing 1972 Act City of
La Quinta Landscaping and Lighting District will fund the cost of providing installation,
servicing, maintenance, and operation of landscaping, lighting and appurtenant facilities
within the City of La Quinta that are exempt under provisions of Proposition 218 voted in
by the California residents during the November 1996 election; and
WHEREAS, on June 4, 2024, the City Council adopted the following resolutions:
• Resolution No. 2024-019, approving the Preliminary Engineer's Report for
Fiscal Year 2024/2025 in connection with Landscape and Lighting
Assessment District 89-1;
• Resolution No. 2024-020, declaring intention to levy annual assessments for
construction, maintenance, and servicing landscape and lighting
improvements within the boundaries of the territory included in the City-wide
Landscape and Lighting Assessment District 89-1, and giving notice thereof;
and
WHEREAS, a Notice of a Public Hearing to Adopt a Resolution Confirming the
Diagram and Assessments for Fiscal Year 2024/2025 Landscape and Lighting
Assessment District 89-1 was published in The Desert Sun newspaper on June 7, 2024.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La
Quinta, California, as follows:
SECTION 1. Pursuant to Chapter 3 of the Landscaping and Lighting Act of 1972,
the City Council directed the City Engineer to prepare and file an annual report for
Fiscal Year 2024/2025.
SECTION 2. The City filed an annual report on June 4, 2024, and the City
Council adopted a Resolution of Intention to Levy and Collect Assessments within
EWT
Resolution No. 2024-XXX
FY 2024/25 Landscape and Lighting Assessment District 89-1
Adopted: June 18, 2024
Page 2 of 3
Landscape and Lighting Assessment District 89-1 for Fiscal Year 2024/2025
(Resolution No. 2024-020) and set a Public Meeting/Hearing date of June 18, 2024 at
the La Quinta City Council Chamber, 78495 Calle Tampico, La Quinta, California.
Notice of the Public Meeting/Hearing was given in the time and manner required by law.
SECTION 3. On June 18, 2024, a Public Meeting/Hearing for which notice was
given, was conducted at which every interested person was given an opportunity to
object to the proposed assessment in writing or orally, and the City Council has
considered each protest.
SECTION 4. On June 18, 2024, the City Council found that written protests
against the proposed assessment had not been made by owners representing more
than one-half of the area of the land to be assessed.
SECTION 5. The City Council hereby confirms the diagram and assessment as
set forth in the annual report of the Engineer of Work and hereby levies the assessment
set forth for Fiscal Year 2024/2025.
SECTION 6. This Resolution shall go into effect upon adoption.
SECTION 7. The City Council authorizes and directs the City Clerk to (i) submit
certified copies of this Resolution to the County of Riverside and (ii) take such other and
further actions as may be necessary and proper for the County Assessor to place this
assessment on the tax roll.
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City
Council held on this 18th day of June 2024, by the following vote:
NOES:
ABSENT:
ABSTAIN:
LINDA EVANS, Mayor
City of La Quinta, California
477
Resolution No. 2024-XXX
FY 2024/25 Landscape and Lighting Assessment District 89-1
Adopted: June 18, 2024
Page 3 of 3
ATTEST:
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
478
40"&j
- OEM eAff bEN.LRT —
City of La Quinta
Street Lighting and Landscape
District No. 89-1
!4/2025 ENGINEER'S ANNUAL LEVY REPORT
Intent Meeting: June 4, 2024
Public Hearing: June 18, 2024
*KW I LLDAN
479
AFFIDAVIT FOR THE ENGINEER'S ANNUAL LEVY REPORT
City of La Quinta
Street Lighting and Landscape District No. 89-1
Riverside County, State of California
This Report and the enclosed diagrams show the exterior boundaries of the District
therein including the improvements, budgets, parcels and assessments to be levied for
Fiscal Year 2024/2025, as they existed at the time of the passage of the Resolution of
Intention. Reference is hereby made to the Riverside County Assessor's maps for a
detailed description of the lines and dimensions of parcels within the District. The
undersigned respectfully submits the enclosed Report as directed by the City Council.
Dated this 6" day of. � i j n (-- , 2024.
Willdan Financial Services
Assessment Engineer
On Behalf of the City of La Quinta
Daniel Louie
Project Manager, District Administration Services cry
in
P.E. # C 81888
Pao sc
w NO.
JK 51888 X
Eon-00
480
ENGINEER'S REPORT
CITY OF LA QUINTA
STREET LIGHTING AND LANDSCAPE
DISTRICT NO. 89-1
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll
thereto attached was filed with me on the day of 2024.
BY: Monika Radeva, City Clerk
City of La Quinta
Riverside County, California
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll
thereto attached, was approved and confirmed by the City Council of the City of La Quinta,
California, on the day of 1.2024.
BY: Monika Radeva, City Clerk
City of La Quinta
Riverside County, California
I HEREBY CERTIFY that the enclosed Assessment Roll was filed with the County Auditor
of the County of Riverside, on the day of 2024.
BY: Monika Radeva, City Clerk
City of La Quinta
Riverside County, California
481
TABLE OF CONTENTS
1. OVERVIEW 1
A.
INTRODUCTION
1
B.
COMPLIANCE WITH CURRENT LEGISLATION
1
C.
HISTORICAL BACKGROUND AND LEGISLATION
2
ll.
DESCRIPTION OF THE DISTRICT
2
A.
DISTRICT BOUNDARIES AND SPECIFIC AREAS OF IMPROVEMENT
2
B.
IMPROVEMENTS AUTHORIZED BY THE 1972 ACT
2
C.
IMPROVEMENTS WITHIN THE DISTRICT
4
Ill.
METHOD OF APPORTIONMENT
5
A.
GENERAL
5
B.
BENEFIT ANALYSIS
5
C.
METHODOLOGY
6
IV.
DISTRICT BUDGETS
10
A.
DESCRIPTION OF BUDGET ITEMS
10
B.
2024/2025 DISTRICT BUDGET
11
APPENDIX A - DISTRICT ASSESSMENT DIAGRAM
14
APPENDIX B - 2024/2025 COLLECTION ROLL 15
482
sty W I LLDAN
L OVERVIEW
A. INTRODUCTION
The City of La Quinta (the "City") annually levies and collects special assessments
in order to provide and maintain the facilities, improvements and services within
Street Lighting and Landscape District No. 89-1 (the "District"). The District was
formed in 1989 pursuant to the Landscaping and Lighting Act of 1972 (the "1972
Act"), Part 2 of Division 15 of the Streets and Highways Code and authorizes the
Agency to annually levy and collect assessments to maintain the services and
improvements related thereto.
This Engineer's Annual Levy Report (the "Report") describes the District, any
changes to the District, and the proposed assessments for Fiscal Year 2024/2025.
The proposed assessments are based on the estimated cost to maintain
improvements that provide special benefit to properties assessed within the
District. The various improvements within the District and the costs of those
improvements are identified and budgeted separately, including expenditures,
deficits, surpluses, revenues, and reserves. The word "parcel," for the purposes of
this Report, refers to an individual property assigned its own Assessor Parcel
Number ("APN") by the Riverside County Assessor's Office. The Riverside County
Auditor/Controller uses Assessor Parcel Numbers and specific fund numbers on
the tax roll to identify properties assessed for special district benefit assessments.
Each parcel within the District is assessed proportionately for those improvements
provided by the District and from which the parcel receives special benefit.
Following consideration of public comments, written protests at a noticed public
hearing and review of the Report, the City Council may order amendments to the
Report or confirm the Report as submitted. Following final approval of the Report,
and confirmation of the assessments, the City Council may order the levy and
collection of assessments for Fiscal Year 2024/2025 pursuant to the 1972 Act. In
such case, the assessment information will be submitted to the Riverside County
Auditor/Controller and included on the property tax roll for each benefiting parcel
for Fiscal Year 2024/2025.
B. COMPLIANCE WITH CURRENT LEGISLATION
The District was formed in 1989 pursuant to the 1972 Act. As such, the City has
determined that pursuant to California Constitution Article XIIID Section 5
Subsection A the existing assessments are exempt from the substantive and
procedural requirements of Proposition 218. Any new or increased assessments
above the maximum assessment rates previously approved and levied by the City
Council would be subject to both the substantive and procedural requirements of
the Proposition.
2024/2025 City Of La Quinta L&L 89-1 Page 1 of 15
483
vY W I LLDAN
C. HISTORICAL BACKGROUND AND LEGISLATION
The assessments for the District provide a special benefit to the parcels assessed,
and the City utilizes General Fund Revenues to fund improvements and services
that are considered general benefit.
This District was formed pursuant to the 1972 Act, which permits the establishment
of assessment districts by cities for the purpose of providing for the maintenance
of certain public improvements, which include the facilities existing within the
District, as those improvements provide a special benefit to parcels.
The City Council reviews the current and projected years' costs for the
construction, operation, maintenance, and servicing of the District facilities and
sets the assessment for the ensuing fiscal year, which runs between July 1 and
June 30.
/Z DESCRIPTION OF THE DISTRICT
A. DISTRICT BOUNDARIES AND SPECIFIC AREAS OF IMPROVEMENT
The boundaries of the District are coterminous with the boundaries of the City. The
Diagram of the District showing the exterior boundaries has been submitted to the
City Clerk at the City and is included by reference.
B. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT
As applicable or may be applicable to this District, the 1972 Act defines
improvements to mean one or any combination of the following:
• The installation or planting of landscaping.
• The installation or construction of statuary, fountains, and other ornamental
structures and facilities.
• The installation or construction of public lighting facilities.
• The installation or construction of any facilities which are appurtenant to any
of the foregoing or which are necessary or convenient for the maintenance
or servicing thereof, including, but not limited to, grading, clearing, removal
of debris, the installation or construction of curbs, gutters, walls, sidewalks,
or paving, or water, irrigation, drainage, or electrical facilities.
• The maintenance or servicing, or both, of any of the foregoing.
2024/2025 City Of La Quinta L&L 89-1 Page 2 of 15
484
lry W I LLDAN
• The acquisition of any existing improvement otherwise authorized pursuant
to this section.
Incidental expenses associated with the improvements including, but not limited
to:
• The cost of preparation of the Report, including plans, specifications,
estimates, diagram, and assessment;
• The costs of printing, advertising, and the publishing, posting and mailing of
notices;
• Compensation payable to the Riverside County (the "County") for collection
of assessments;
• Compensation of any engineer or attorney employed to render services;
• Any other expenses incidental to the construction, installation, or
maintenance and servicing of the improvements;
• Any expenses incidental to the issuance of bonds or notes pursuant to
Section 22662.5.
• Costs associated with any elections held for the approval of a new or
increased assessment.
The 1972 Act defines "Maintain" or "maintenance" to mean furnishing of services
and materials for the ordinary and usual maintenance, operation, and servicing of
any improvement, including:
• Repair, removal, or replacement of all or any part of any improvement.
• Providing for the life, growth, health, and beauty of landscaping, including
cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease
or injury.
• The removal of trimmings, rubbish, debris, and other solid waste.
• The cleaning, sandblasting, and painting of walls and other improvements
to remove or cover graffiti.
2024/2025 City Of La Quinta L&L 89-1 Page 3 of 15
485
lry W I LLDAN
C. IMPROVEMENTS WITHIN THE DISTRICT
The District improvements are the operation, servicing and maintenance of
landscaping, lighting and appurtenant facilities, including, but not limited to,
personnel, electrical energy, water, materials, contracting services, and other
items necessary for the satisfactory operation of these services described as
follows:
• Landscaping and Appurtenant Facilities include, but are not limited to,
landscaping, planting, shrubbery, trees, irrigation systems, hardscapes,
fixtures, sidewalk maintenance and appurtenant facilities, located within the
public street rights -of -way, medians, trails, and dedicated street, drainage
or sidewalk easements within the boundary of the District.
• Lighting and Appurtenant Facilities include, but are not limited to, poles,
fixtures, bulbs, conduits, equipment including guys, anchors, posts and
pedestals, metering devices, controllers and appurtenant facilities as
required to provide safety lighting and traffic signals within public street
rights -of -way and easements within the boundaries of the District.
• Maintenance is defined as the furnishing of services and materials for the
operation and usual maintenance, operation and servicing of the
landscaping, public lighting facilities and appurtenant facilities, including
repair, removal or replacement of landscaping, public lighting facilities, or
appurtenant facilities; providing for the life, growth, health and beauty of the
landscaping, including cultivation, irrigation, trimming, spraying, fertilizing
and treating for disease or injury; and the removal of trimmings, rubbish,
debris and other solid waste.
• Servicing is defined as the furnishing of water for the irrigation of the
landscaping and the furnishing of electric current or energy, gas or other
illuminating agent for the public lighting facilities, or for the lighting or
operation of landscaping or appurtenant facilities.
The plans and specifications for the improvements are on file in the office of the
City Engineer and are by reference made a part of this Report.
2024/2025 City Of La Quinta L&L 89-1 Page 4 of 15
486
lry W I LLDAN
///. METHOD OF APPORTIONMENT
A. GENERAL
The 1972 Act permits the establishment of assessment districts by agencies for
the purpose of providing certain public improvements that include the construction,
maintenance and servicing of public lights, landscaping and appurtenant facilities.
The 1972 Act further requires that the cost of these improvements be levied
according to benefit rather than assessed value:
"The net amount to be assessed upon lands within an
assessment district may be apportioned by any formula or
method which fairly distributes the net amount among all
assessable lots or parcels in proportion to the estimated
benefits to be received by each such lot or parcel from the
improvements."
The formula used for calculating assessments in this District therefore reflects the
composition of the parcels, and the improvements and services provided, to
apportion the costs based on benefit to each parcel.
B. BENEFIT ANALYSIS
Properties within the District boundary are found to derive a special benefit from
the improvements provided by the District. These properties include single family
residential, non-residential, vacant residential and non-residential, golf courses,
agricultural and hillside conservation properties, vacant and remote non-residential
and rural and estate residential properties.
Special Benefits
The method of apportionment (method of assessment) is based on the premise
that each assessed parcel receives special benefit from the improvements
maintained and funded by the assessments, specifically, landscaping and lighting
improvements installed in connection with the development of these parcels. The
desirability of properties within the District is enhanced by the presence of well -
maintained landscaping and lighting improvements in close proximity to those
properties.
The annual assessments outlined in this Report are based on the estimated costs
to provide necessary services, operation, administration, and maintenance
required to ensure the satisfactory condition and quality of each improvement.
The special benefits associated with the landscaping improvements are
specifically:
• Enhanced desirability of properties through association with the
2024/2025 City Of La Quinta L&L 89-1 Page 5 of 15
487
lry W I LLDAN
improvements.
• Improved aesthetic appeal of properties within the District providing a
positive representation of the area.
• Enhanced adaptation of the urban environment within the natural
environment from adequate green space and landscaping.
• Environmental enhancement through improved erosion resistance, and
dust and debris control.
• Increased sense of pride in ownership of property within the District
resulting from well -maintained improvements associated with the
properties.
• Reduced criminal activity and property -related crimes (especially
vandalism) against properties in the District through well -maintained
surroundings and amenities.
• Enhanced environmental quality of the parcels by moderating
temperatures, providing oxygenation and attenuating noise.
The special benefits of street lighting are the convenience, safety, and security of
property, improvements, and goods, specifically:
• Enhanced deterrence of crime — an aid to police protection.
• Increased nighttime safety on roads and highways.
• Improved visibility of pedestrians and motorists.
• Improved ingress and egress to and from property.
• Reduced vandalism, damage to improvements or property, and other
criminal acts.
• Improved traffic circulation and reduced nighttime accidents and personal
property loss.
• Increased promotion of business during nighttime hours in the case of
commercial properties.
The preceding special benefits contribute to a specific enhancement and
desirability of each of the assessed parcels within the District.
C. METHODOLOGY
Pursuant to the 1972 Act, the costs of the District may be apportioned by any
formula or method that distributes the net amount to be assessed among the
assessable parcels in proportion to the estimated special benefits to be received
by each such parcel from the improvements. The special benefit formula used
within the District should reflect the composition of the parcels - and the
2024/2025 City Of La Quinta L&L 89-1 Page 6 of 15
488
Yy W I LLDAN
improvements and services provided therein - to apportion the costs based on
estimated special benefit to each parcel.
The cost to provide maintenance and service of the improvements within the
District shall be equitably distributed among each assessable parcel based on the
estimated special benefit received by each parcel.
Equivalent Benefit Units
To equitably spread special benefit to each parcel, it is necessary to establish a
relationship between the various types of properties within the District and the
improvements that benefit those properties. Each parcel within the District is
assigned an Equivalent Benefit Unit ("EBU") factor that reflects its land use, size
and development, or development potential. Parcels that receive special benefit
from the various District improvements are proportionately assessed for the cost
of those improvements based on their calculated EBU. The EBU method
assessment for this District uses the Single -Family Residential parcel as the basic
unit of assessment. A Single Family Residential ("SFR") parcel equals one EBU.
Every other land -use is assigned an EBU factor based on an assessment formula
that equates the property's specific land -use and relative special benefits
compared to the Single -Family Residential parcel.
The EBU method of apportioning special benefits is typically seen as the most
appropriate and equitable assessment methodology for districts formed under the
1972 Act, as the benefits to each parcel from the improvements are apportioned
as a function of land use type, size, and development. The following table provides
a listing of land use types, the EBU factors applied to that land use and the
multiplying factor used to calculate each parcel's individual EBU for each
improvement provided in the District.
During the formation of the District, a methodology was developed to calculate the
EBUs for other residential and non-residential land use parcels, which are outlined
below for reference. Every land use is assigned EBUs based on the assessment
formula approved for the District. Parcels which have been determined to receive
greater benefit than the SFR parcel are assigned more than 1 EBU and parcels
that are determined to receive lesser benefit than SFR parcels are assigned less
than 1 EBU as reflected in the Assessment Methodology.
2024/2025 City Of La Quinta L&L 89-1 Page 7 of 15
489
VY WILLDAN
Land Use
Exempt Parcels
EBU Factor
0.0
Single Family Residential Parcels
1.0 per unit
Multi -Family Residential Parcels
0.5 per unit
Non -Residential Parcels
5.0 per acre; 1.0 minimum
Vacant Residential Parcels
0.33 per unit
Vacant Non -Residential Parcels
1.65 per acre for first 20 acres only
Golf Course Parcels
0.50 per acre; 1.0 minimum
Agricultural Parcels
0.25 per acre; 1.0 minimum
Hillside Conservative Zone Parcels
0.10 per acre
Vacant & Remote Parcels
0.825 per acre for first 20 acres only
Rural/Estate Residential
1.0 + 0.33 per acre in excess 1 acre
Single -Family Residential
The City's General Plan allows up to one acre of area for subdivided residential
lots. The subdivided single-family lot equal to or less than one acre in size is the
basic unit for calculation of the benefit assessments. Parcels less than one acre in
size zoned for single-family residential use are assessed one (1) EBU.
Multi -Family Residential
Multi -Family Residential parcels are assessed one-half (0.5) EBU per unit.
Non -Residential
The factor used for converting nonresidential is based on the average number of
typical single-family residential lots of five per acre. Therefore, non-residential
parcels will be assessed five (5) EBUs per acre with a minimum number per parcel
of one (1) EBU.
Vacant Residential
Parcels defined as single family residential parcels less than one acre and having
no structure will be assessed 33 percent (33%) of a single-family dwelling, or 0.33
EBU per parcel.
Vacant Non -Residential
Parcels not considered single family residential parcels less than one acre and
having no structure will be assessed based on acreage. The typical development
in La Quinta occurs in increments of twenty (20) acres or less. The first twenty (20)
acres of a Vacant Non -Residential parcel will be assessed at a rate of 33 percent
(33%) of developed nonresidential properties, or 1.65 EBU per acre or any portion
of an acre. The minimum number of EBUs per parcel is one (1) EBU. Any parcel
of land greater than twenty (20) acres is considered open space and exempt from
assessment until such time as parcel subdivision or development occurs.
2024/2025 City Of La Quinta L&L 89-1 Page 8 of 15
490
Yy W I LLDAN
Golf Courses
Properties identified as golf courses will be assessed a rate of 10 percent (10%)
of the developed nonresidential properties, or 0.50 EBU per acre or any portion of
an acre. The minimum number per parcel is one (1) EBU.
Agricultural
Properties identified as agricultural will be assessed a rate of 5 percent (5%) of
developed nonresidential properties, or 0.25 EBU per acre or any portion of an
acre. The minimum number per parcel is one (1) EBU.
Hillside Conservation
Parcels located in areas zoned Hillside Conservation per the City's Official Zoning
Map will be assessed on the basis of allowable development within the Hillside
Conservation Zone. The parcel will be assessed as one dwelling unit per ten (10)
acres or 0.10 EBU per acre or any portion of an acre.
Vacant and Remote Non -Residential Parcels (LAFCO Annexation No. 9)
Parcels not considered single family residential parcels less than one (1) acre and
do not contain structures, will be assessed based on acreage. The City defines
Vacant and Remote Non -Residential as parcels physically separated from City
services and not readily able to develop due to difficult access and utility
limitations. The land values are typically one half the value of other Vacant Non -
Residential parcels because of the high cost of constructing appropriate access
and utility infrastructures necessary. The Vacant and Remote Non -Residential
parcels are assessed a rate of 0.825 EBUs per acre or portion thereof, for the first
twenty (20) acres, with a minimum of one (1) EBU per parcel.
Rural/Estate Residential
Parcels of one acre or more in size, but having only one residential unit are
identified as Rural/Estate Residential. These parcels will be assessed a rate of one
(1) EBU for the first acre and 0.33 EBUs for each additional acre or portion of an
acre.
Exempt Property
Publicly owned property and utility rights -of -way are exempt from assessment, as
well as parcels of land shown on the County Assessor's records as Vacant Desert
Land, Vacant Mountain Land, Agricultural Preserve and Public Utility owned land.
This Report does not propose an increase in the District's assessment rates for Fiscal Year
2024/2025 over or above the maximum rate established. The proposed rate per EBU for
Fiscal Year 2024/2025 is the same rate assessed for Fiscal Year 2023/2024. The base
assessment rate to be approved for Fiscal Year 2024/2025 is $35.60.
The maximum assessment rate per EBU may not increase without a vote of the property
owners in the District. Therefore, the assessment is proposed to remain at the maximum
amount of $35.60 per EBU. This equates to total projected assessment revenue of $997,118.
2024/2025 City Of La Quinta L&L 89-1 Page 9 of 15
491
lry W I LLDAN
The City proposes the remaining $7,652,882 be funded through a General Fund contribution
of $7,502,882 and $150,000 of revenue from CSA 152.
IV. DISTRICT BUDGETS
A. DESCRIPTION OF BUDGET ITEMS
The 1972 Act requires that a special fund be established and maintained for the
revenues and expenditures of the District. Funds raised by assessment shall be
used only for the purposes as stated herein. A contribution to the District by the
City may be made to reduce assessments, as the City Council deems appropriate.
The following describes the services and costs that are funded through the District,
shown in the District Budgets.
District Costs
Personnel — Reflects relevant City Staff salaries, wages and benefits, and also
includes Worker's Compensation Insurance, Stand -By, and Overtime Labor.
Contract Services — Includes contracted labor, such as the County Tax Roll
Administration Fees, maintenance and repair of traffic signals, tree trimming,
and security service.
Rental Services — Reflects funds used for the purpose of uniform rental.
Vehicle Operations — Includes the maintenance of fleet vehicles.
Utilities — Includes the electric, telephone, and water services.
Travel Training & Meetings — Reflects the funds used for the purposes of
training and meetings.
Information Technology — Includes computers, printers, and other related
items and services.
Operating Supplies — This item includes plant replacement, safety gear, field
materials, and the materials used for the purposes of removing graffiti.
Small Tools/Equipment — Includes non -capital small tools and equipment.
District Administration — The cost for providing the coordination of District
services and operations, response to public concerns and education, as well
as procedures associated with the levy and collection of assessments. This
item also includes the costs of contracting with professionals to provide any
additional administrative, legal or engineering services specific to the District
including any required notices, mailings or property owner protest ballot
proceedings.
2024/2025 City Of La Quinta L&L 89-1 Page 10 of 15
492
VY WILLDAN
B. 2024/2025 DISTRICT BUDGET
For the purpose of estimating costs for the maintenance and servicing, actual costs
are used where possible. However, where the improvements are new, or where
actual maintenance experience is lacking, cost estimates will be used to determine
costs. The Budget of estimated cost of operation, servicing, and maintenance for
Fiscal Year 2024/2025 is summarized on the next page in Table 1.
2024/2025 City Of La Quinta L&L 89-1 Page 11 of 15
493
try WILLDAN
Table 1 - Fiscal Year 2024/2025 Budget
Funding
CategoryEstimated
Fiscal Year
L&L
General Fund-
2024/2025
Assessments
Parks
Salaries -Permanent Full Time
$616,600
$266,500
$350,100
Other Benefits & Deductions
259,750
124,800
134,950
Personnel
Stand By
0
0
0
Stand By Overtime
0
0
0
Overtime
500
500
0
Total Personnel
$876,850
$391,800
$485,050
Annual Lighting & Landscape
$0
$0
$0
Report
Civic Center Campus Lake
30,000
0
30,000
Maintenance
Lighting Contract Services
80,000
80,000
0
Financial Services Admin. Fee
0
0
0
Citywide Maintenance Contract
2,830,000
1,630,000
1,200,000
Undeveloped Parks PM10 Services
0
0
0
Contract Services
Maintenance & Repair
790,000
300,000
490,000
CVWD Lease -Pioneer Dog Park
0
0
0
Tree Trimming
510,000
500,000
10,000
Janitorial Services
0
0
0
Security Service - Corporation Yard
0
0
0
Fritz Burns Park
180,000
0
180,000
Lighting Service
1,000
0
1,000
SilverRock Way Landscaping
85,000
65,000
20,000
Total Contract Services
$4,506,000
$2,575,000
$1,931,000
Uniforms
$8,500
$3,500
$5,000
Rental Services
Total Rental Services
$8,500
$3,500
$5,000
Facilities Charges
$0
$0
$0
Park Equipment
Fleet Maintenance
213,700
58,300
155,400
Vehicle Operations
Facility & Equipment Depreciation
1,000,000
0
1,000,000
Total Operations
$1,213,700
$58,300
$1,155,400
Utilities
Gas
$0
$0
$0
Electric
377,350
120,000
257,350
Phone
$1,000
$0
$1,000
Water
499,100
215,000
284,100
Total Utilities
$877,450
$335,000
$542,450
Travel Training &
$9,500
$4,500
$5,000
Total Travel Training & Meetings
$9,500
$4,500
$5,000
Meetings
Information
Computers Printers and Services
$187,700
$86,600
$101,100
Technology
Total Information Technology
$187,700
$86,600
$101,100
Plant Replacement
$900,000
$500,000
$400,000
Graffiti Removal
25,000
10,000
15,000
Operating Supplies
Safety Gear
3,800
2,500
1,300
Field Materials
21,000
15,000
6,000
Total Operating Supplies
$949,800
$527,500
$422,300
Small Tools /
Non -Capital
$5,000
$3,000
$2,000
Total Small Tools/Equipment
$5,000
$3,000
$2,000
Equipment
Total Landscape & Lighting
Budget
$8,634,500
$3,985,200
$4,649,300
Public Works Administration
$0
$0
$0
District
Administration
Citywide Administration
$15,500
$15,500
$0
Total District Administration
$15,500
$15,500
$0
Total Landscape & Lighting Expenditures
$8,650,000
$4,000,700
$4,649,300
Less CSA 152 Revenue
$150,000
$150,000
$0
Less General Fund Contribution
7,502,882
2,853,582
4,649,300
Balance to Lev
$9975118
$997,118
Total EBU
28,009.35
Levy Per EBU
$35.60
2024/2025 City Of La Quinta L&L 89-1 Page 12 of 15
494
VY WILLDAN
The following information was obtained from the Riverside County Assessor's Secured
Roll, Assessor's Parcel Maps, and the City's Planning Department. The land use
categories were developed to classify the different land use types in the City.
Table 2
Land Use
2024/2025
Parcel
County
Acres
Prior Year
EBU
Prior Year
Levy
FY 2024/2025
EBU
2024/2025
Levy (1)
Agricultural
Count
17
371.44
93.22
3,318.60
93.22
$3,318.60
Exempt
51
102.23
0.00
0.00
0.00
$0.00
Golf Course
284
3,498.08
1,806.17
64,298.16
1,806.17
$64,298.16
Hillside
Conservation
13
318.93
31.89
1,135.28
31.89
$1,135.28
Multi -Family
34
94.93
635.00
22,606.00
635.00
$22,606.00
Residential
Non -Residential
284
592.95
2,923.75
104,085.50
2,979.55
$106,071.98
Rural/ Estate
54
111.70
90.86
3,234.20
90.86
$3,234.20
Vacant/ Remote
15
146.20
120.62
4,293.80
120.62
$4,293.80
Single Family
21,272
3,914.36
21,272.00
757,283.20
21,272.00
$757,283.20
Residential
Vacant
Residential
1,391
884.97
460.02
16,365.62
461.67
$16,424.32
Vacant Non-
194
531.23
485.63
17,286.68
518.37
$18,452.00
Residential
(1) The difference in the 'Balance to Levy" amount in Table 1 and the total FY 2024/2025 Levy amount in Table 2 is a rounding difference
due to the County even penny requirement for each charged parcel.
Actuals will be based on the final County Secured Roll for Fiscal Year 2024/2025.
Differences are generally due to changes in County Land Use Classifications or
Assessor's Parcel Number changes.
2024/2025 City Of La Quinta L&L 89-1 Page 13 of 15
495
YY WILLDAN
APPENDIX A - DISTRICT ASSESSMENT DIAGRAM
The Boundary Diagrams for the original districts have previously been submitted to the
Clerk of the City in the format required under the 1972 Act and are made part of this
Report by reference.
The parcel identification, lines and dimensions of each parcel within the District are those
lines and dimensions shown on the Assessor's Maps of Riverside County for the year in
which this Report was prepared and is incorporated by reference and made part of this
Report.
The attached Landscape Maintenance Map displays the landscape maintenance areas
within the City.
2024/2025 City Of La Quinta L&L 89-1 Page 14 of 15
496
Qhmjjii1-L7 m --rr I oil
■
36dr
moo
Eel
moo
moo
0
MENEM 0
11111111MEME
W WILLDAN
APPENDIX B - 2024/2025 COLLECTION ROLL
Parcel identification, for each lot or parcel within the District, shall be the parcel as shown
on the Riverside County Assessor's Parcel Maps and/or the Riverside County Secured
Tax Roll for the year in which this Report is prepared.
Non -assessable lots or parcels may include government owned land, public utility owned
property, land principally encumbered with public right-of-ways or easements and
dedicated common areas. These parcels will not be assessed.
A listing of parcels within the District, along with the proposed assessment amounts, has
been submitted to the City Clerk and, by reference, is made part of this Report.
Upon approval of the Report and confirmation of the assessments, the assessment
information will be submitted to the County Auditor/Controller and included on the
property tax roll in Fiscal Year 2024/2025. If the parcels or APNs within the District and
referenced in this Report, are re -numbered, re -apportioned or changed by the County
Assessor's Office after approval of the Report, the new parcel or APNs with the
appropriate assessment amount will be submitted to the County Auditor/Controller. If the
parcel change made by the County includes a parcel split, parcel merger or tax status
change, the assessment amount submitted on the new parcels or APNs will be based on
the method of apportionment and levy amount approved in this Report by the City Council.
2024/2025 City Of La Quinta L&L 89-1 Page 15 of 15
498
REPORTS AND INFORMATIONAL ITEM NO. 31
FINANCIAL ADVISORY COMMISSION
MINUTES
WEDNESDAY, MAY 8, 2024
CALL TO ORDER
A regular meeting of the La Quinta Financial Advisory Commission (Commission) was
called to order at 4:00 p.m. by Vice -Chair Anderson.
PRESENT: Commissioners Batavick, Kiehl, Mast, Mills, Way, and Vice -Chair
Anderson
ABSENT: Chairperson Dorsey
PLEDGE OF ALLEGIANCE
Commissioner Batavick led the audience in the Pledge of Allegiance.
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA — None
CONFIRMATION OF AGENDA — Confirmed
ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS — None
CONSENT CALENDAR ITEMS
1. APPROVE MEETING MINUTES DATED APRIL 3, 2024
Motion — A motion was made and seconded by Commissioners Mast/Batavick to approve
meeting minutes dated April 3, 2024, as submitted. Motion passed: ayes — 5, noes — 0,
abstain — 1 (Mills), absent — 1 (Dorsey).
2. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORTS DATED
FEBRUARY 29, 2024
Motion — A motion was made and seconded by Commissioners Mills/Batavick to receive
and file revenue and expenditure reports dated February 29, 2024, as submitted. Motion
passed: ayes — 6, noes — 0, abstain — 0, absent — 1 (Dorsey).
BUSINESS SESSION
1. APPROVE THE FISCAL YEAR 2024/25 MEETING DATES
Finance Director Martinez presented the staff report, which is on file in the Finance
Department.
FINANCIAL ADVISORY COMMISSION MINUTES 1 MAY 8, 2024
REGULAR QUARTERLY MEETING 499
The Commission discussed changing some of the regular quarterly meeting dates and
proposed special meeting dates from the second Wednesday of the month to the first, and
the Commission's regular quarterly meetings start time from 4:00 p.m. to an earlier time.
Staff said a business session item will be agendized for Commission's consideration at the
next meeting.
Motion — A motion was made and seconded by Commissioners Mast/Way to amend the
Commission's meeting dates per the Commission's discussions above, and propose an
earlier regular quarterly meeting start time, and bring this item back for Commission
consideration at the next Commission meeting. Motion passed: ayes — 6, noes — 0,
abstain — 0, absent — 1 (Dorsey).
STUDY SESSION
1. DISCUSS THE FISCAL YEAR 2024/25 INVESTMENT POLICY (Policy)
Principal Management Analyst Hallick presented the staff report, which is on file in the
Finance Department.
The Commission and staff discussed federal agency securities.
Commissioner Kiehl recommended the following changes to the fiscal year 2024/25
Investment Policy:
• Professionally managed account allotted 50% for placing their investment portfolio
with a professional portfolio management/investment management firm, listed on
page 9 of Policy, be eliminated or changed to 100%.
• Adding additional investment pool examples under Section XI Investment Pools of
the Polity, listed on page 10.
The Commission reached a consensus and concurred with these recommendations to allow
for flexibility, contingent upon Council direction.
Further discussion followed on the pros and cons of having a professionally managed
portfolio versus staff managing it for the City and the timeline for adopting the Policy.
2. DISCUSS THE FISCAL YEAR 2024/25 PRELIMINARY PROPOSED BUDGET
Finance Director Martinez presented the staff report, which is on file in the Finance
Department.
The Commission and Staff discussed general fund revenue changes; decline of short-
term vacation rental permits due to the permanent ban; changes in general fund
expenditures; public safety (police and fire) services costs, anticipated cost increases,
and current level of services for police; and timeline for budget adoption.
The Commission inquired about the status of the Talus project, formerly SilverRock, and
the City's obligations under the Purchase, Sale, and Development Agreement with
FINANCIAL ADVISORY COMMISSION MINUTES 2 MAY 8, 2024
REGULAR QUARTERLY MEETING 500
SilverRock Development Company; Staff noted negotiations are underway and any
available updates will be provided at future Council meetings.
Additional discussion followed on position allocations; total current positions; and
Measure G fund allocations for Highway 111 Corridor Area Plan implementation, which
includes the road improvements; and Welcome Center improvements projects at the
recently acquired property by the City, formerly La Quinta Palms Realty office.
DEPARTMENTAL REPORTS — taken out of agenda order
Staff requested to present Departmental Report Item No. 2 before Departmental Report
Item No. 1; the Commission concurred.
2. FOURTH QUARTER 2023 (OCTOBER-DECEMBER) SALES TAX UPDATE
FOR THE CITY OF LA QUINTA >> > taken out of Agenda order
Staff provided an economic update for sales tax for the City of La Quinta.
1. FINANCE DEPARTMENT CURRENT AND FUTURE INITIATIVES
Staff provided an update on current and upcoming Finance Department projects and City
events.
The Commission and staff discussed expenditures for the Highway 111 Corridor project;
reasons for delays in the audit for the completion of the City's Annual Comprehensive
Financial Report for fiscal year ending June 30, 2023; and any anticipated budget
adjustment changes.
The Commission inquired about upcoming vacancies on the Financial Advisory
Commission. Vice -Chair Anderson confirmed the four seats available.
COMMISSIONERS' ITEMS
1. COMMISSION RECOMMENDED CHANGES TO THE 5-YEAR CAPITAL
IMPROVEMENT PROGRAM (CIP)
Commissioner Batavick provided the Commission with a breakdown on recommended
changes to the 5-year CIP (Handout 1) as well as a redlined CIP revenue summary chart
(Handout 2) showing the recommended changes for use of Measure G funds to be
provided for Council's consideration. Further discussion followed on the allocated
reserves balance for Measure G funds and the timeline for providing the Commission's
recommended changes to the 5-year CIP and Measure G fund allocations for Council's
consideration.
FINANCIAL ADVISORY COMMISSION MINUTES 3 MAY 8, 2024
REGULAR QUARTERLY MEETING 501
ADJOURNMENT
There being no further business, it was moved and seconded by Commissioners
Mills/Mast to adjourn this meeting at 5:57 p.m. Motion passed: ayes — 6, noes — 0, abstain
— 0, absent — 1 (Dorsey).
Respectfully submitted,
Jessica Delgado, Administrative Technician/Commission Secretary
City of La Quinta, California
FINANCIAL ADVISORY COMMISSION MINUTES 4 MAY 8, 2024
REGULAR QUARTERLY MEETING 502
POWER POINTS
CITY COUNCIL
MEETING
JUNE 18) 2024
City Council Regular Meeting
June 18, 2024
CVAG
BE A PART OF THE Coachella Valley
Broadband Strategic Plan
Survey OPEN through June 30, 2024. RESPONSES ARE
ANONYMOUS AND CONFIDENTIAL
CALIFORNIA
TAKE THE
SURVEY!
ono
r�
0
City Council Regular Meeting
June 18, 2024
CLOSED SESSION IN PROGRESS
TAKE THE
C VAG SURVEY!
BE A PART OF THE Coachella " ° '
Valley Broadband Strategic Plan
Survey OPEN through June 30, 2024. RESPONSES ARE 16
ANONYMOUS AND CONFIDENTIAL
Pledge of Allegiance
6/19/2024
City Council Regular Meeting
June 18, 2024
PUBLIC COMMENT - MATTERS
NOT ON THE AGENDA
CA JA
a
r
City Council Council Meeting
June 18, 2024
P1 — Lift to Rise 2024-2026
Action Plan Presentation
'� v
June 18, 2024
Our North Star
A future where all Coachella Valley families
-
are healthy, stable, and thriving.
Our Shared Goal
Reduce rent burden in the Coachella Valley
by 30% through the production of 10,000
affordable housing units by 2028.
LIFTToRISE
M
We have the plan
The Action Plan is a roadmap co -created by members of our Housing
Collaborative Action Network, including staff members from La Quinta,
outlining collective contributions over the next two years to achieve our
SHARED GOAL of reducing rent burden by 30% through the production of
10,000 affordable housing units.
LIFTTORI
Our two-year goal is...
X
By July 2026, have at least 7,500
new units of affordable housing
completed, under construction, or
set to be under construction within
six months with an emphasis on
units connected to early childhood
education (ECE) and improved
health equity.
LIFTTORISE
June 18, 2024
Pipeline
Identify 3,000 new units a year that meet
the criteria for the affordable housing
pipeline with an emphasis on those that
include connections to health and ECE and
move at least 50% of Pipeline projects to
development.
• Lift to Rise —Affordable Housing Pipeline portal
• 5.2 acre parcel has the potential for over 100 units
of affordable housing
1
LIFTURISE
13
Funding
Address the funding bottleneck occurring due to scarcity
of low-income housing tax credits through increasing the
lending pool of We Lift: The Coachella Valley Housing
Catalyst Fund, the creation of alternative revenue
streams, changes to the current tax credit distribution _
process, and innovative financing approaches.
• Lift to Rise — We Lift: Catalyst Fund
• La Quinta contributed a support letter for Lift to Rise's
successful application to SCAG's REAP 2.0 program to
secure funding for the Catalyst Fund.
• We are hopeful the city will consider future investment
into the Fund to keep up the momentum in production.
14
7
June 18, 2024
1
Policy Advocacy
Move policy and regulation at the
municipal, state, and federal level to
enable more affordable housing
�— development.
• Lift to Rise works with State and Federal
legislative advocates to amplify Pro housing
policies relevant to our region.
• A 1% increase in the TOT rate could generate
$1,836,542 annually
15
Infrastructure
Work with utility companies to ensure
affordable housing opportunities are not
limited by electric, gas, and sewer constraints.
• Housing supportive infrastructure
• Sustainable energy
• Lift to Rise is also working to get SCE, IID, and CVWD
all at the table for these discussions.
16
LIFTTORISE
go
June 18, 2024
Movement Building
Through strategic communications and
resident engagement, we will build
' -RISE ^ greater public awareness and support
ourh Coachella
isfor affordable housing in the region.
is our home. ',
Lees make it affordable for everyone.
• Lift to Rise —Resident Engagement Team:
Resident Leadership Table, Committees by
Cities, Community Advisory Committee
• Lift to Rise —Strategic Communications Team
17
Rapid Response
Advocate for a develop supports that can
help residents with emergency or chronic
housing needs.
• Lift to Rise — United Lift Rental Assistance Program
distributed more than $300 million keeping more
than 120,000 renters in their home
• La Quinta data: $3,919,107 in assistance was
disbursed to 583 households
• Keeping residents housed and address their
immediate needs
18
LIFTTORISE
a
You have the power, La Quinta !
• Congratulations on having a certified housing element!
• Lift to Rise is excited to see what happens with the 5.2-acre lot near Highway 111 and
Dune Palms Road and encourage the city to work with us to aggressively purse
development on city owned land, as stated in your housing element.
• You are encouraged to increase city councilmembers participation in our efforts to
address the housing affordability crisis throughout the region, not just in La Quinta.
• We are asking that you all endorse our plan and join us in reaching our goal!
LIFT TORISE
You all have the
- -F- power to ensure a
iN
IA��, healthy, stable, and
thriving community
for all!
LIFTTO RISE
THANK Y � i
x N r
W13
Connect with us!
contact@lifttorise.org / www.Iifttorise.org / Facebook: @LifttoRise / Instagram:
@LifttoRise
& t(V
CALIFORNIA
City Council Meeting
June 18, 2024
B1 - Approve MOU with County of Riverside for Library,
Museum, and Makerspace Management
;AA
C;ALIP
,,e
Library, Makerspace, Museum
Management
• City contracts County of Riverside (RivCo) for
Library and Museum operations
• In 2018 management of the Makerspace was
added to the MOU
• RivCo subcontracts with Library Systems and
Services Inc. (LSSI) to oversee daily operations
Library, Makerspace, Museu
Management
• RivCo and LSSI collaborate to implement
programming including new exhibits, programs,
and music performances
• Special events (Dia De Los Ninos and Bookfest)
— Hydroponic Farm
— Makerspace classes and workshops
Library, Makerspace, Museum
STITCW
Fiber Arts Club
2nd and 4th Tuesdays, 1-3 pm
Bring your fiber protect to work on while you
meet w;h friends old and new. Share what
ycuVe been working on. and get inspired for
your next project!
Management
LOMAKE-PACEC=LAOVINTACA. GOV 1760.777.70W 1 OLGICR-ONSTATION W0isRI
Library, Makerspace, Museum
Management
FY24/25 I FY25/26.L� FY26/27 I AL FY27/28 Is FY28/29
• MOU includes a 3% increase each year beginning FY25/26.
CALIFORNIA
City Council Meeting
June 18, 2024
B2 — Approve Community Awards Program
Criteria and Applications
.r-
C;ALI�
Community Awards Program
• In 2001 Council established the Pillars of the
Community, Distinguished Artists, and Distinguished
Athletes Awards
• The awards recognize La Quinta residents who
made positive impacts in the community
— Volunteers
— Nonprofit involvement
— Community organizations
Community Awards Program
• June 2022, the ACSC formed a subcommittee to
access opportunities to enhance the Awards
• February 2023, Councilmember Fitzpatrick was
appointed to the subcommittee
• Subcommittee goals include:
— Updating criteria
— Increasing promotional efforts
— Generating pool of eligible candidates
Community Awards Program
• August 2023, Council discussed the proposed
updates during a Study Session
• December 2023 ACSC reached consensus to
recommend Awards criteria to Council
• May 2024, ACSC reached consensus to recommend
Awards applications to Council
0.
Community Awards Program Updates
• Pillar of the Community
— No longer associated with Senior Inspiration Award
— Updated criteria (prior recognition not required)
— La Quinta resident minimum of 3 years
• Community Engagement & Leadership
• Volunteer Efforts & Philanthropy
• Public Service
Community Awards Program Updates
• Junior Inspiration & Youth Achievement
— 5 to 18 years of age
— La Quinta resident or attend a La Quinta school
• Academic Achievement
• Acts of Kindness or Service
• Artistic Achievement
• Athletic Achievement
• Community Engagement & Leadership
• Volunteer Efforts
Community Awards Program Updates
• Distinguished Citizen
— La Quinta resident minimum of 1 year
— Volunteers (nonprofits, community groups, schools)
— Coaches, referees, athletes
— Painters, performing artists, musicians
Community Awards Program Updates
• Community Service Award
— La Quinta resident minimum of 1 year
— Leadership
— Social Responsibility
— Mentorship
— Positive Change
— Selfless Service to the Community
Community Awards Program Updates
• Recognition Process
- Pillar of the Community recipient names added to perpetual
plaque at City Hall
- Distinguished Citizen recipient names added to monument in
Civic Center Campus
- Recipients recognized at City events
- Recognition during City Council meetings
- Recognition on City social media and/or publications
Community Awards Program
Applications
• New applications reflect Awards updates
— Lists qualifications
— New design
— Updated questions
D.-gw-d C".-
j I
a- :-
'� A.
CALIFORNIA
City Council Meeting
June 18, 2024
B3 - Introduce an Ordinance Prohibiting the
Unlawful Possession of Catalytic Converters
CALIF
ZNIA
Background
• Catalytic converters convert most of a vehicle's emissions into less harmful
byproducts, which ultimately improves both air quality and vehicle performance.
• Catalytic converter thefts have become a statewide problem because:
— The ability to recycle catalytic converters at scrap metal yards at $200 to
$1,200 per catalytic converter.
— The ease and undetectable nature of committing such thefts.
— Loopholes in legislation protecting criminals.
Catalytic Converter Thefts
• There were 51 catalytic converter thefts in La Quinta in 2022, and 38 thefts in
2023, with the month of September spiking at 13 thefts. The financial burden on
the residents of La Quinta was approximately $133,000 in loss for both years.
Proposed Catalytic Converter Ordinance
Criminalizing the possession of an unattached catalytic converter, would combat
thefts and increase deterrence by establishing zero -tolerance through:
— Establishing criminal penalties.
— Prohibiting the falsification of documents and records used to verify ownership.
— Preventing criminals from profiting.
— Minimizing the fiscal and personnel impact on the Riverside County Sheriff's
Department by reducing the time invested in deterring and investigating
catalytic converter thefts.
Questions
j I
a- :-
' A.
CALIFORNIA _
City Council Meeting
� June 18, 2024
B4 -Adopt Fiscal Year 2024/25 Budget
June 18, 2024
I'm
24
Measure G Sales Tax
Available for Appropriation $ (4,000,000)
Projected Measure G Fund Balance as of 06/30/2025 - $29.7 million
General Fund Reserves
Fund Balance Summary Estimated as
6/30/2024
Sales Tax (Measure G) 33,700,000
Public Safety Fire Service Trust 14,800,000
Carryovers & CIP Projects (GF) 25,950,000
Pension Trust Fund 5,400,000
Other Post Employment Benefit Trust 2,000,000
Total Assigned Funds 81,850,000
Overall Total $ 175,850,000
Capital Improvement Carryovers
estimated at $25 million
• Operating Carryovers $900,000
• RDA Loan repayment $3,505,817
- 80% General Fund $2,804,654
- 20% Housing Authority Fund
$701,163
Summary of All Funds
• Total for all Funds:
— Revenues $136,752,447
— Expenses $141,391,783
MEN
Appropriations Limit & Personnel
• GANN Limit for 2024/25 - $179,170,357
— Total applicable revenues $78,469,200
— Under by $100,701,157
• Personnel Schedule
— 100 Full -Time
— 6.79 Part -Time
— 5 Elected Officials
Recommendations
• Additional Discretionary Payment (ADP) for
outstanding pension obligation, current
estimates:
Tier I Estimate as of 6/30/2023 1
DISCUSSION & QUESTIONS
A
CALIFORNIA _
City Council Meeting
June 18, 2024
PH1 - 2024/25 through 2028/29
Capital Improvement Program
IJ
CA RN IA --==--",".4
Capital Improvement Program (CIP)
• 5-year plan
• Identifies scope, budget, schedule
• Streets, transportation, parks, sidewalks,
facilities, drainage, landscaping projects
soon iles lo,
Presented CIP Projects
• City Council
-April 2, 2024
• Financial Advisory Commission
-April 3, 2024
2024/25 CIP Projects)
• Incorporated into Operating Budget
-July 1, 2024
Project No.
Project
Total Funding
2425ADA
ADA Acc„ Various Locations
S
20,000
2425PPM
Chit wide Preventative Maintenance Plan Improvements
S
2024/25
2425PMP
MP
Pav,
_
S
00,000
1,000,000
2425PMP
Pay
1
1.004(]On
24255Ti
Sidewalks -Various Locations
S
55,000
24250FZ
2425DRA
Citywide Traffic Signal Maintenance is Improvements
Citywide Drainage Enhancements
S
235,000
477,000
CIP
201702
Developer Reimbursement for DIF Eligible Improvements
$
400,000
201804
Landscape and Lighting Median Island Improvements
$
500,000
7 �!i Q'}`
',lainiennnce and Opemtions yard
S
0q!i
5
Maintenance and Operations Yard
S
100,000
t2019'0-1��
G,
Budget
Cultural Campus
$
5D0,DDo
'.r Ares Plan Implentenratinn
201905
Highway 111 Corridor Area Plan Implementation
S
984,000
201905
Highway 133 Corridor Area Plan Implementation
S
4,000,000
202101
Dune Palms Pavement Rehabilitation
f
200,000
202205
Avenue 50 Widening Improvements (Jefferson Street to Madison Street)
$
579,109
202333
Bridge Preventative Main - _.. � �,:,, I I;, ni
202401
Avenue 50 Sidewalk Improvements (Washington Street to Avenida Montero) S
400.000
202402
Washington Street Sidewalk Improvements (Calle Tampico to Avenue 52)
S
478,000
202403
Cove Area Slurry Seal Improvements Phase 1
S
11000,000
202404
City Hell Drainage Improvements
S
1,000,000
202405
Citywide Miscellaneous ADA Improvements
3
175,000
202406
Citywide Miscelluneous Conci
S
1,000,000
202407
Citywide Dog Park Improverm,,t,
$
1,000,000
202407
Dog Park Improvements
$
500,000
202408
_Citywide
Village Parking Lot Utility Undergrounding
$
500,000
202409
Welcome Center lmprov,• :
$
150,000
202410
Avenue 52 at Jefferson Street Roundabout Safety Improvements
S
600,000
202411
SilverRock Way Slurry Seat Improvements
$
500.000
TOTAL:
S
28,118,109
Color Key
TEAL: Measure G Elrod-
ORANGE: General Funds $5,111,000 (20_'-
WHITE: Measure A and SB1 RMRA Funds $3,197.000 (13.5%)
Soecial Revenue Funds $6.404.109 (22.8%)
2024 -25 CIP FUNDING
MEASURE A AND SB-
13.5%
VIEASURE G
43.4%
SPECIAL REVENUE
22.8%
Measure G General Fund Special Revenue Funding Measure A and SB-1
$12,200,000 $5,717,000 $6,404,109 $3,797,000
2024-25 CIP PROJECTS
• 8 Transportation — Roadway Projects
• 7 Transportation — Pedestrian Projects
• 7 Parks and Facilities Projects
• 1 Landscape Improvement Project
• 1 Traffic Signal Improvement Project
• 1 Drainage Improvement Project
• 1 Developer Reimbursement
Transportation - Roadway
• Pavement Management Plan
• Highway 111 Corridor Area Plan Implementation
• Dune Palms Pavement Rehabilitation (Miles Avenue to Fred Waring
Drive)
• Avenue 50 Widening Improvements (Jefferson Street to Madison
Street)
• Bridge Preventative Maintenance Program
• Cove Area Slurry Seal Improvements Phase 1
• Avenue 52 at Jefferson Street Roundabout Safety Improvements
• SilverRock Way Slurry Seal Improvements
Transportation - Pedestrian oho
• ADAAccessible Ramps — Various Locations
• Sidewalks — Various Locations
• Citywide Miscellaneous ADA Improvements
• ADA Transition Plan Update
• Avenue 50 Sidewalk Improvements (Washington Street to
Avenida Montero)
• Citywide Miscellaneous Concrete Improvements
Parks and Facilities
• Maintenance and Operations Yard
• Citywide Dog Park Improvements
• Welcome Center Improvements
• Citywide Preventative Maintenance Improvements
• Fritz Burns Park Improvements
• Village Parking Lot Utility Undergrounding
• Cultural Campus
Other 2024=25 CIP Projects
Landscape Improvements
Landscape and Lighting Median Island Improvements
Drainage Enhancements
Citywide Drainage Enhancements
IVReimbursement Agreements
• Developer Reimbursement for DIF Eligible Improvements
SO
° Traffic Signal Improvements
o
9 Citywide Traffic Signal Maintenance Improvements
Highlights of Years 2-5 of CIP
• Parks, Landscape and Facilities
— Landscape and Lighting Median Island
Improvements
— Maintenance and Operations Yard
— Phase III Public Safety Camera System
Highlights of Years 2 - 5 of CIP
• Transportation — Roadway
— 11 Pavement Rehabilitation Projects
— Highway 111/Simon Drive Dual Left Turn Lanes
— Corporate Centre Drive Gap Closure
— 5-Year PMP Update
• Traffic Signal Improvements
— Washington Street at Lake La Quinta Drive
(New Traffic Signal)
Highlights of Years 2-5 of CIP
• Drainage Enhancements
— Citywide Drainage Enhancements
• Reimbursement Agreements
— Developer Reimbursement for DIF Eligible
Improvements
QUESTIONS?
y=
�_ .. mow. "'n`•-�. _ ._,-.� _
t(V 62w f
CALIFORNIA;r;o
City Council Meeting
June 18, 2024
PH2 — Lighting & Landscape Assessment
District 89-1 FY 2024/25
Summary
• Council takes actions to levy annual
assessments for Citywide L&L District
• Assessments fund Right -of -Way landscape,
lighting, median, and parkway maintenance
• Assessment rate remains $35.60
per Equivalent Benefit Unit (same since
1997)
Fiscal Impacts
• L&L District 89-1 for FY 2024/25:
• Revenues = $997,118
• County Service Area 152 Offset = $1509000
• Combined Total = $19147,118
• Estimated Expenditures = $4,000,700
• The short fall of $2,853,582 is funded by General
Fund
Questions?
4w
t(V I 2a 0 &(U
CALIFORNIA
HAND OUTS
CITY COUNCIL
MEETING
JUNE 183 2024
CITY COUNCIL MEETING - JUNE 18, 2024 - HAND-OUT BY STAFF - DISTRIBUTED AT THE MEETING
CONSENT CALENDAR ITEM NOS. 18 & 19 - RED -LINE 2024/25 SALARY SCHEDULE
XAV &Arev
2024/2025
Salary Schedule
FULL-TIM
YEES ANN AL)
MINNOW
WORKING TITLE
DBM
STEP 1
STEP 2
STEP 3
STEP 4
STEP 5
STEP 6
STEP 7
STEP 8
-
All
$ 43 431.96
$ 45 944.81
$ 48,457.66
$ 50 970.51
$ 53 483.36
$ 55 996.21
$ 58 509.06
$ 61 021.91
Administrative Assistant
At .2
$ 47,784.37
$ 50,549.04
$ 53,313.70
$ 56,078.37
$ 58,843.04
$ 61,607.70
$ 64,372.37
$ 67,137.04
Maintenance & Operations Worker
Sr. Maintenance & Operations Worker
At3
52 136.78
55 153.26
58 169.75
61 186.23
64 202.72
67 219.20
70 235.69
73 252.17
Administrative Technician
B21
56 502.26
59 771.32
S 63 040.38
66 309.44
S 69 578.50
72 847.56
S 76 116.62
79 385.68
Administrative Technician
Code Compliance Officer
Finance Technician
B22
$ 60,854.67
$ 64,375.55
$ 67,896.42
$ 71,417.30
$ 74,938.18
$ 78,459.06
$ 81,979.93
$ 85,500.81
Human Resources Technician
Permit Technician
Building Inspector
Community Services Specialist
Construction Inspector
Maintenance & Operations Technician
B23
$ 65,207.09
$ 68,979.78
$ 72,752.48
$ 76,525.18
$ 80,297.87
$ 84,070.57
$ 87,843.26
$ 91,615.96
Sr. Code Compliance Officer
Sr. Finance Technician
Sr. Permit Technician
Data Reporting Specialist
Jr. Accountant
Maintenance & Operations Coordinator
Maintenance & Operations Crew Leader
B24
$ 71,206.90
$ 75,326.72
$ 79,446.55
$ 83,566.38
$ 87,686.21
$ 91,806.03
$ 95,925.86
$ 100,045.69
Marketing & Communications Specialist
Sr. Building Inspector
Sr. Community Services Specialist
Accountant
Executive Specialist
B25
$ 78,589.90
$ 83,136.89
$ 87,683.87
$ 92,230.86
$ 96,777.85
$ 101,324.84
$ 105,871.82
$ 110,418.81
Plans Examiner
Management Specialist
B31
71 206.90
75 326.72
S 79 446.55
83 566.38
87 686.21
91 806.03
$ 95,925.86
100 045.69
B32
$ 78 589.90
$ 83,136.89
$ 87 683.87
$ 92,230.86
$ 96 777.85
$ 101 324.84
$ 105 871.82
$ 110 418.81
FULL-TIME EMPLOYEES
ANNUAL
WORKING TITLE
DBM
STEP 1
STEP 2
STEP 3
STEP 4
STEP 5
STEP 6
STEP 7
STEP 8
STEP 9
STEP 10
Associate Planner
Animal Control/Code Compliance Supervisor
Deputy Building Official
C42
$ 84,917.93
$ 89,682.77
$ 94,447.61
$ 99,212.45
$ 103,977.29
$ 108,742.13
$ 113,506.97
$ 118,271.81
$ 123,036.64
$ 127,801.48
Management Analyst
Sr. Accountant
Assistant Construction Manager
Maintenance & Operations Superintendent
C43
$ 89,574.69
$ 94,600.82
$ 99,626.96
$ 104,653.09
$ 109,679.23
$ 114,705.36
$ 119,731.50
$ 124,757.63
$ 129,783.77
$ 134,809.90
Senior Mana ement Analyst
Associate Engineer
Principal Management Analyst
C44
$ 95,406.15
$ 100,759.50
$ 106,112.84
$ 111,466.19
$ 116,819.53
$ 122,172.88
$ 127,526.22
$ 132,879.57
$ 138,232.91
$ 143,586.26
Senior Planner
Building Official
Finance Manager
Hub Manager
D61
$ 108,229.76
$ 114,302.65
$ 120,375.55
$ 126,448.44
$ 132,521.33
$ 138,594.22
$ 144,667.12
$ 150,740.01
$ 156,812.90
$ 162,885.79
Marketing Manager
Planning Manager
Community Services Deputy Director
Human Resources Deputy Director
D63
$ 119,323.32
$ 126,018.69
$ 132,714.05
$ 139,409.41
$ 146,104.78
$ 152,800.14
$ 159,495.51
$ 166,190.87
$ 172,886.23
$ 179,581.60
Maintenance & Operations Deputy Director
Public Safety Deputy Director
City Clerk
Design & Development Director
Director (Business Unit/Housing Development)
E82
$ 143,729.53
$ 151,794.36
$ 159,859.18
$ 167,924.00
$ 175,988.83
$ 184,053.65
$ 192,118.47
$ 200,183.30
$ 208,248.12
$ 216,312.95
Finance Director/City Treasurer
Public Works Director/City Engineer
City Manager
F101•
$ 195,557.92
$ 206,530.89
$ 217,503.86
$ 228,476.84
$ 239,449.81
$ 250,422.78
$ 261,395.75
$ 272,368.73
$ 283,341.70
$ 294,314.67
Elected Official Positions onthly
(per La Quints Municipal Code Section 2.04.050)
Mayor
$ 2,800.00
Council Members $ 2,300.00
City Council Approval Effective
Date
6/18/2024 7/1/2024
WRITTEN
PUBLIC
COMMENT
CITY COUNCIL
MEETING
JUNE 183 2024
CITY COUNCIL MEETING - JUNE 18, 2024 -WRITTEN PUBLIC COMMENTS FROM RESIDENT ALENA CALLIMANIS
BUSINESS SESSION ITEM NO. 4 - FY 2024/25 BUDGET - JEFFERSON & AVE 52 ROUNDABOUT
From: Alena Callimanis <acallimanis@gmail.com>
Sent: Tuesday, June 18, 2024 4:03 AM
To: Linda Evans <Levans@laquintaca.gov>; John Pena <jpena@laquintaca.gov>; Kathleen Fitzpatrick
<kfitzpatrick@laquintaca.gov>; Deborah McGarrey <dmcgarrey@la-quinta.org>; Steve Sanchez
<ssanchez@laquintaca.gov>
Cc: Monika Radeva <mradeva@laquintaca.gov>
Subject: Regarding the $600,000 study for Jefferson Traffic Circle still on the books
Good morning! I found out tonight there is a slight chance I will get a ticket for the Firebirds, If it happens,
please forgive me for prioritizing that!
I saw in the budget that the $600,000 study for Jefferson was still there. Please let me expand on my
concern.
Currently, if there is an opening when someone exits the circle, you can drive into that vacant spot pretty
easily if you don't hesitate and accelerate quickly. But what if there are two cars in the circle side by side.
Let's say one exits. That second car may need to move to the right to get to the next exit. Hopefully I will see
that happening so I won't drive into the circle. So I might be forced to wait longer until both lanes are clear.
You have the two lanes around the circle further down. As I mentioned in the meeting, if you don't drastically
slow down, it is very easy to drift into that other lane unintentionally. I have never seen a car merging at that
point from the west or east. One side is Silver Rock Way and the other is the development.
Avenue 52 is heavily travelled, as is Jefferson, so all four roadways can have cars or trucks at the start of the
circle. The backup trying to navigate a two lane traffic circle would be unacceptable all the time. If you did
that, you would be creating safety issues instead of solving them.
Thanks for listening.
Alena
Alena Callimanis
81469 Rustic Canyon Dr
LA, Quita, CA 92253
CITY COUNCIL MEETING - JUNE 18, 2024 - WRITTEN PUBLIC COMMENTS FROM ISMAEL CRUZ
CITY OF LA QU I NTA
REQUEST TO SPEAK FORM
MEETING DATE: 011 W.,Ii
Please give this completed form to the City Clerk
along with any materials you wish Councilmembers to receive.
This form is to assure accuracy in preparing the minutes as to spelling of names and addresses, as well as
to allow staff to follow-up on requests made by members of the public. Completion of this form is voluntary.
Once submitted to the City Clerk this form becomes a public record.
Matters LISTED on the Agenda
Agenda Item No.:
Subject: )�m is tS-e—
Support 0 Oppose
0 Matters NOT Listed on the Agenda
Subject:
The Council welcomes your comments, but is
prohibited by State law from discussing matters not
listed on the published agenda; your input will be
taken under consideration
and referred to staff for possible future action.
MEETING PROTOCOL: PLEASE LIMIT YOUR COMMENTS TO 3 MINUTES
THE MAYOR WILL CALL YOU TO THE PODIUM AT THE APPROPRIATE TIME DURING THE MEETING;
PLEASE DIRECT YOUR COMMENTS TO THE MAYOR ONLY
(not Councilmembers or staff or audience)
not wish to speak but leave these comments for the Council to consider:
-1 -do
�..� '��u.• •' .. Life _a
lip
IiI-10v�
Speaker Identification:
Name 1 `5m CA --CA �
Address � S6 o 0 L oA
Organization/Business \ 6t!>EG i -rA d C voAry'
Phone gs 1- q VS - 19SS- e-mail 2k Tp1�EC - af,� 11
0 YES, I wish to subscribe to the City's "Quail Mail" service to receive emails about meetings &
events. Visit the City's website for more information: www.LaQuintaCA.gov
CITY COUNCIL MEETING - JUNE 18, 2024 - WRITTEN PUBLIC COMMENTS FROM STEPHANIE JUAREZ
PRFCFNTATI(')N RY I IFT TO RICF - CI IPPr)PT
CITY OF LA QUINTA - COMMISSION
REQUEST TO SPEAK FORM
MEETING DATE: OGI I8/2y
Please give this completed form to the Commission Secretary
along with any materials you wish Commissioners to receive.
This form is to ensure accuracy in preparing the minutes as to spelling of names and addresses as well as
to allow staff to follow up on requests made by members of the public. Completion of this form is voluntary.
Once submitted to the Commission Secretary, this form becomes a public record.
Matters LISTED on the Agenda
Agenda Item No.:
Subject: L� 4 'h 0,
Support 0 Oppose
0 Matters NOT Listed on the Agenda
Subject:f"a�
The Commission welcomes your comments but is
prohibited by State law from discussing matters not
listed on the published agenda; your input will be
taken under consideration and referred to staff for
possible future action.
MEETING PROTOCOL: PLEASE LIMIT YOUR COMMENTS TO 3 MINUTES
THE CHAIRPERSON WILL CALL YOU TO THE PODIUM AT THE APPROPRIATE TIME DURING THE
MEETING; PLEASE DIRECT YOUR COMMENTS TO THE CHAIRPERSON ONLY
(not Commissioners, or staff, or audience)
I do not wish to speak but leave these comments for the Commission to consider:
Speaker Identification:
Name -Q flkaVl,L'
Address
Organization/Business U&
Phone (`1 O)W _ ;qI03 e-mail
0 YES, I wish to subscribe to the City's "Quail Mail" service to receive emails about meetings &
events. Visit the City's website for more information: www.LaQuintaCA.gov
CITY COUNCIL MEETING - JUNE 18, 2024 - WRITTEN PUBLIC COMMENTS FROM ALEJANDRO MEZA AGUILAR
PRF5;FNTAT1nN RY I IFT Tr) RISF - SI IPP(1RT
CITY OF LA QUINTA - COMMISSION
!! REQUEST TO SPEAK FORM
i MEETING DATE: L
Please give this com leteio, to the Commission g PSecretary
along with any materials you wish Commissioners to receive.
This form is to ensure accuracy in preparing the minutes as to spelling of names and addresses, as well as
to allow staff to follow up on requests made by members of the public. Completion of this form is voluntary.
Once submitted to the Corpmission Secretary, this form becomes a public record.
�k Matters LISTED on the Agenda
Agenda • l
Subject:
Support 0 Oppose
4 Matters NOT Listed on the Agenda
Subject:
5..
The Commission welcomes your comments but is
prohibited by State law from discussing matters not
listed on the published agenda; your input will be
taken under consideration and referred to staff for
possible future action.
MEETING PROTOCOL: PLEASE LIMIT YOUR COMMENTS TO 3 MINUTES
THE CHAIRPERSON WILL CALL YOU TO THE PODIUM AT THE APPROPRIATE TIME DURING THE
MEETING; PLEASE DIRECT YOUR COMMENTS TO THE CHAIRPERSON ONLY
(not Commissioners, or staff, or audience)
I do not wish to speak but leave these comments for the Commission to consider:
Speaker Identification:
n
Name A-t 4 /I ✓ i
Address —AD ig 6 C ) LA
Organization/Business ,A I ( 6AT�' I t� ✓L �o����C4
Phon q�b ,.r,� e-mai C. `�a G �� �o C24-I a
0 YES, I wish to subscribe to the City's "Quail Mail" service to receive emails about meetings &
events. Visit the City's website for more information: www.LaQuintaCA.gov
Good evening,
My name is Alejandro Meza Aguilar, a resident of Coachella. I'm here to emphasize the urgent
need for affordable housing in the Coachella Valley. Despite earning a decent salary, many still
struggle with rent of a 2 bedroom $ 3,200 and the median household income is $92,776 — At
this income level a person could afford to pay $2300 per month in housing costs and not be rent
burdened. However, families with full-time minimum wage jobs in service, hospitality,
warehousing, healthcare, agriculture, and landscaping industries, which are the backbone
industries of the Coachella Valley economy, struggle to keep up with rising housing costs.
From 2008 to 2013, rent was more manageable, even during the financial crisis. Inflation and
the pandemic have dramatically affected the economy, with $70K in 2008 now equivalent to
roughly $100K in 2024, according to the US Bureau of Labor Statistics CPI Inflation calculator.
I encourage the La Quinta City Council to keep working with policy interventions such as
inclusionary zoning, rezoning for mixed use, a TOT revenue allocation to the We Lift: Coachella
Valley Catalyst Fund, affordable housing overlays, and other pro -housing policies. It outlines key
actions across six strategy areas: Pipeline, Funding, Infrastructure, Policy Advocacy, Movement
Building, and Rapid Response.
Working with Lift to Rise has united various partners and stakeholders in rewarding work
throughout the Coachella Valley. Their help in SBCSC's legal clinics has assisted at least 116
people in the Coachella Valley with their citizenship journey in 2023-24. 1 thank the Rancho
Mirage City Council for their time and collaboration with Lift to Rise.
Thank you.