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2025 03 04 CouncilCITY COUNCIL AGENDA Page 1 of 6 MARCH 4, 2025 CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBER 78495 Calle Tampico, La Quinta and Councilmember Peña participating by teleconference at: Sheraton Puerto Rico Resort and Casino – Lobby 200 Convention Boulevard, San Juan, 00907, Puerto Rico REGULAR MEETING ON TUESDAY, MARCH 4, 2025 3:00 P.M. CLOSED SESSION | 4:00 P.M. OPEN SESSION Members of the public may listen to this meeting by tuning-in live via www.laquintaca.gov/livemeetings. CALL TO ORDER ROLL CALL: Councilmembers Fitzpatrick, McGarrey, Peña (attending via teleconference), 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 1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION; PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9; NAME OF CASE: CITY OF LA QUINTA V. SILVERROCK DEVELOPMENT COMPANY, ET AL. (RIVERSIDE COUNTY SUP. CT. CASE NO. CVPS2404750) City Council agendas and staff reports are available on the City’s web page: www.LaQuintaCA.gov CITY COUNCIL AGENDA Page 2 of 6 MARCH 4, 2025 2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION; PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9; CASES NAMES AND NUMBERS – MULTIPLE (listed below, all in U.S. Bankruptcy Court, District of Delaware) CASE NAME: CASE NUMBER SilverRock Development Company, LLC 24-11647 SilverRock Lifestyle Residences, LLC 24-11648 SilverRock Lodging, LLC 24-11650 SilverRock Luxury Residences, LLC 24-11652 SilverRock Phase I, LLC 24-11654 RGC PA 789, LLC 24-11657 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.SILVERROCK (FORMERLY TALUS) DEVELOPMENT PROJECT – STATUS UPDATE 2.IRONMAN 70.3 INDIAN WELLS-LA QUINTA TRIATHLON – DECEMBER 8, 2024, EVENT SUMMARY UPDATE BY REGIONAL DIRECTOR JUDY STOWERS AND RACE DIRECTOR RYAN JARELL CONSENT CALENDAR NOTE: Consent Calendar items are routine in nature and can be approved by one motion. PAGE 1. APPROVE COUNCIL MEETING MINUTES OF FEBRUARY 18, 2025 7 2. ADOPT RESOLUTION TO REAFFIRM ADOPTION OF ANNUAL ASSESSMENT FOR COUNTY SERVICE AREA 152, AUTHORIZE RIVERSIDE COUNTY TO CONTINUE TO LEVY ASSESSMENTS, AND INDEMNIFY AND HOLD THE COUNTY HARMLESS FOR LEVYING ASSESSMENTS ON CITY PARCELS [RESOLUTION NO. 2025-005] 15 CITY COUNCIL AGENDA Page 3 of 6 MARCH 4, 2025 3. APPROVE AGREEMENTS FOR CONTRACT SERVICES WITH JRC CONCRETE CONSTRUCTION, SAVI CONSTRUCTION INC., AND THREE PEAKS CORP. FOR ON-CALL PUBLIC WORKS CONCRETE MAINTENANCE SERVICES 21 4. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH LANCE, SOLL & LUNGHARD, LLP FOR PROFESSIONAL ACCOUNTING AND ADVISORY SERVICES 113 5. AUTHORIZE OVERNIGHT TRAVEL FOR PRINCIPAL MANAGEMENT ANALYST TO ATTEND THE GOVERNMENT FINANCE OFFICERS ASSOCIATION LEADERSHIP ACADEMY IN PHOENIX, AZ, MARCH 23-28, 2025 143 6. DECLARE MODEL YEAR 2000 INTERNATIONAL WATER TRUCK SURPLUS AND APPROVE DISPOSAL METHOD 151 7.APPROVE DEMAND REGISTERS DATED FEBRUARY 14 AND 21, 2025 167 BUSINESS SESSION PAGE 1. APPROVE JUNIOR INSPIRATION AND YOUTH ACHIEVEMENT AWARD NOMINEE 183 STUDY SESSION PAGE 1. DISCUSS REMOVAL OF AGED PALM TREES LOCATED WITHIN THE CITY 191 RIGHT OF WAY PUBLIC HEARINGS - None 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 SUSTAINABILITY COMMITTEE (Evans) CITY COUNCIL AGENDA Page 4 of 6 MARCH 4, 2025 3. CVAG EXECUTIVE COMMITTEE (Evans) 4. VISIT GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU (Evans) 5. LEAGUE OF CALIFORNIA CITIES DELEGATE (Evans) 6. COACHELLA VALLEY WATER DISTRICT JOINT POLICY COMMITTEE (Evans) 7. ECONOMIC DEVELOPMENT SUBCOMMITTEE (Evans & Fitzpatrick) 8. DESERT SANDS UNIFIED SCHOOL DISTRICT COMMITTEE (Evans & Sanchez) 9. DESERT RECREATION DISTRICT COMMITTEE (Fitzpatrick & McGarrey) 10. COACHELLA VALLEY UNIFIED SCHOOL DISTRICT COMMITTEE (Fitzpatrick & Peña) 11. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (Fitzpatrick) 12. CVAG TRANSPORTATION COMMITTEE (Fitzpatrick) 13. COMMUNITY SERVICE GRANT REVIEW COMMITTEE (Fitzpatrick & McGarrey) 14. COACHELLA VALLEY MOUNTAINS CONSERVANCY (McGarrey) 15. GREATER CV CHAMBER OF COMMERCE INFORMATION EXCHANGE COMMITTEE (McGarrey) 16. LEAGUE OF CALIFORNIA CITIES – ENVIRONMENTAL QUALITY POLICY COMMITTEE (McGarrey) 17. LEAGUE OF CALIFORNIA CITIES – EXECUTIVE COMMITTEE RIVERSIDE COUNTY DIVISION (McGarrey) 18. CANNABIS AD HOC COMMITTEE (Peña & Sanchez) 19. CVAG PUBLIC SAFETY COMMITTEE (Peña) 20. CVAG HOMELESSNESS COMMITTEE (Peña) 21. COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT (Peña) 22. SUNLINE TRANSIT AGENCY (Peña) 23. ANIMAL CAMPUS COMMISSION (Sanchez) 24. ART PURCHASE COMMITTEE (Sanchez & McGarrey) 25. CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (Sanchez) 26. CALIFORNIA ASSOCIATION OF LOCAL AGENCY FORMATION COMMISSION (Sanchez) 27. LEAGUE OF CALIFORNIA CITIES – PUBLIC SAFETY COMMITTEE (Sanchez) 28. RIVERSIDE LOCAL AGENCY FORMATION COMMISSION (Sanchez) 29. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (Sanchez) 30. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS REGIONAL COUNCIL (Sanchez) 31. PALM SPRINGS AIRPORT COMMISSION MEETING MINUTES DATED FEBRUARY 19, 2025 207 32. PLANNING COMMISSION MEETING MINUTES DATED NOVEMBER 12, 2024 211 ADJOURNMENT ********************************* The next regular meeting of the City Council will be held on March 18, 2025, 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 CITY COUNCIL AGENDA Page 5 of 6 MARCH 4, 2025 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 February 28, 2025. DATED: February 28, 2025 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 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@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. CITY COUNCIL AGENDA Page 6 of 6 MARCH 4, 2025 Verbal public comments are defined as comments provided in the speakers’ own voice and may not include video or sound recordings of the speaker or of other individuals or entities, unless permitted by the Mayor. Public speakers may elect to use printed presentation materials to aid their comments; 15 copies of such printed materials shall be provided to the City Clerk to be disseminated to the City Council, made public, and incorporated into the public record of the meeting; it is requested that the printed materials are provided prior to the beginning of the meeting. There shall be no use of Chamber resources and technology to display visual or audible presentations during public comments, unless permitted by the Mayor. All writings or documents, including but not limited to emails and attachments to emails, submitted to the City regarding any item(s) listed or not listed on this agenda are public records. All information in such writings and documents is subject to disclosure as being in the public domain and subject to search and review by electronic means, including but not limited to the City’s Internet Web site and any other Internet Web-based platform or other Web-based form of communication. All information in such writings and documents similarly is subject to disclosure pursuant to the California Public Records Act [Government Code § 7920.000 et seq.]. TELECONFERENCE ACCESSIBILITY – INSTRUCTIONS Teleconference accessibility may be triggered in accordance with AB 2449 (Stats. 2022, Ch. 285), codified in the Brown Act [Government Code § 54953], if a member of the City Council requests to attend and participate in this meeting remotely due to “just cause” or “emergency circumstances,” as defined, and only if the request is approved. In such instances, remote public accessibility and participation will be facilitated via Zoom Webinar as detailed at the end of this Agenda. *** TELECONFERENCE PROCEDURES*** APPLICABLE ONLY WHEN TELECONFERENCE ACCESSIBILITY IS IN EFFECT Pursuant to Government Code § 54953(f) [AB 2449, Stats. 2022, Ch. 285, Rubio]. 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/j/86171130130 Meeting ID: 861 7113 0130 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@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 MINUTES Page 1 of 8 FEBRUARY 18, 2025 CITY COUNCIL MINUTES TUESDAY, FEBRUARY 18, 2025 CALL TO ORDER A regular meeting of the La Quinta City Council was called to order at 3:30 p.m. by Mayor Evans. PRESENT: Councilmembers Fitzpatrick, McGarrey, Peña, Sanchez, and Mayor Evans ABSENT: None PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None CONFIRMATION OF AGENDA Councilmember Peña said he will recuse himself from participating in the discussion and vote on Business Session Item No. 1 related to the adoption of La Quinta’s Strategic Plan and in the discussion on Study Session Item No. 1 related to La Quinta’s electric capacity and Imperial Irrigation District (IID) upgrades due to a conflict of interest stemming from a reasonable probability of future income and/or investment income from an electric power company (Secure Energy Source). Councilmember Fitzpatrick and Mayor Evans said they will comment on several of the Consent Calendar items. Council concurred. CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION; PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9; CASES NAMES AND NUMBERS – MULTIPLE (listed below, all in U.S. Bankruptcy Court, District of Delaware) CASE NAME: CASE NUMBER SilverRock Development Company, LLC 24-11647 SilverRock Lifestyle Residences, LLC 24-11648 SilverRock Lodging, LLC 24-11650 SilverRock Luxury Residences, LLC 24-11652 SilverRock Phase I, LLC 24-11654 RGC PA 789, LLC 24-11657 CONSENT CALENDAR ITEM NO. 1 7 CITY COUNCIL MINUTES Page 2 of 8 FEBRUARY 18, 2025 2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION; PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9; NAME OF CASE: CITY OF LA QUINTA V. SILVERROCK DEVELOPMENT COMPANY, ET AL. (RIVERSIDE COUNTY SUP. CT. CASE NO. CVPS2404750) COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:32 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:11 P.M. WITH ALL MEMBERS PRESENT REPORT ON ACTION(S) TAKEN IN CLOSED SESSION: Mayor Evans said Council will recess back to Closed Session after the Open Session portion of tonight’s agenda to continue consideration of the Closed Session Items. PLEDGE OF ALLEGIANCE Councilmember Sanchez led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 1. SILVERROCK (FORMERLY TALUS) DEVELOPMENT PROJECT – STATUS UPDATE City Attorney Ihrke said on August 5, 2024, SilverRock Development Company LLC and its affiliates (debtors), collectively referred to as “SDC,” voluntarily petitioned for Chapter 11 bankruptcy in U.S. Bankruptcy Court in Delaware; and per Council’s direction and approval, the City retained Special Counsel who has continuously been working with the City Manager and City Attorney throughout these proceedings. Prior Announcements regarding the bankruptcy case are available on the City’s website at www.laquintaca.gov/taluslq. Mr. Ihrke noted there were no new updates to be reported tonight on the bankruptcy cases as there have been no hearings held in open court since the last update provided at the February 4, 2025, Council meeting. Mr. Ihrke reiterated prior announcements, including that the process for remediating and securing the project site has been well underway; and pursuant to prior authorization of the U.S. Bankruptcy Court, the Chief Restructuring Officer (CRO), an independent fiduciary for the administration of the debtors’ estate, retained Jones, Land, LaSalle (JLL), which has commenced its research and professional services to eventually market the project to secure a future developer. JLL has met with the City Manager and toured the site, and is collecting information to move this process forward. 8 CITY COUNCIL MINUTES Page 3 of 8 FEBRUARY 18, 2025 2. BURRTEC WASTE AND RECYCLING – 2024 YEAR-END UPDATE BY MUNICIPAL MARKETING MANAGER CLARA VERA Municipal Marketing Manager Vera with Burrtec Waste and Recycling provided a detailed overview of La Quinta’s organic, recycling, bulk, and hazardous waste collection during the 2024 calendar year, in addition to outreach, education, events, and reporting; and noted that La Quinta is 100% compliant with Senate Bill 1383 (Stats. 2016, CH. 395, Lara) related to organics recycling. CONSENT CALENDAR 1. APPROVE COUNCIL MEETING MINUTES DATED FEBRUARY 4, 2025 2. APPROVE COUNCIL SPECIAL MEETING MINUTES DATED FEBRUARY 6, 2025 – COMMUNITY WORKSHOP 3. APPROVE AMENDMENT NO. 3 TO AGREEMENT FOR CONTRACT SERVICES WITH DESERT CONCEPTS CONSTRUCTION, INC. FOR ON-CALL PUBLIC WORKS MAINTENANCE SERVICES 4. APPROVE AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES WITH PWLC II, INC. FOR ON-CALL PUBLIC WORKS MAINTENANCE SERVICES 5. APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE, AND ADVERTISE FOR BID THE CITYWIDE MISCELLANEOUS AMERICANS WITH DISABILITIES ACT IMPROVEMENTS PROJECT NO. 2024-05 6. APPROVE DEMAND REGISTERS DATED JANUARY 31 AND FEBRUARY 7, 2025 7. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED NOVEMBER 30, 2024 CONSENT CALENDAR – COMMENTS ITEM NO. 4 – Councilmember Fitzpatrick inquired about the reasons for the proposed palm trees removal. City Manager McMillen explained the palm trees proposed for removal, along Eisenhower Drive and Avenida Obregon, were planted about 70 years ago by Riverside County, prior to La Quinta’s incorporation; the City commissioned an arborist report to evaluate the condition and integrity of the trees, and the findings resulted in a recommendation for removal due to a variety of reasons, such as weak trunk structures, rotted bases, etc.; the City is notifying residents in proximity of the trees prior to removal; and in the future a tree replanting program could be implemented for some of the affected areas. 9 CITY COUNCIL MINUTES Page 4 of 8 FEBRUARY 18, 2025 ITEM NO. 6 – Councilmember Fitzpatrick asked for clarification on the SilverRock-related wire transfers listed on the demand register (page 170 of the agenda packet). City Manager McMillen explained one of the transfers, in the amount of $531,239 was pursuant to the $11 million Debtor In Possession Financing authorized by Council in relation to the SilverRock Development Company bankruptcy cases; and another, for $299,933 was to the City-contracted golf management and operations vendor, Landmark Golf Management, Inc. ITEM NO. 2 – Mayor Evans thanked the community for attending the annual Community Workshop held on February 6, 2025, and for their feedback and collaboration. WRITTEN PUBLIC COMMENTS for Consent Calendar Item No. 2 regarding IID and the proposed Coachella Valley Power Agency Joint Powers Agreement were received from resident Philip Bettencourt, which were distributed to Council, made public, published on the City’s website, and included in the public record of this meeting. MOTION – A motion was made and seconded by Councilmembers Peña/Fitzpatrick to approve the Consent Calendar as presented. Motion passed unanimously. BUSINESS SESSION 1. ADOPT LA QUINTA STRATEGIC PLAN COUNCILMEMBER PEÑA RECUSED HIMSELF FROM PARTICIPATING IN THE DISCUSSION AND VOTE ON BUSINESS SESSION ITEM NO. 1 DUE TO A CONFLICT OF INTEREST STEMMING FROM A REASONABLE PROBABILITY OF FUTURE INCOME AND/OR INVESTMENT INCOME FROM AN ELECTRIC POWER COMPANY (SECURE ENERGY SOURCE), AS NOTED DURING CONFIRMATION OF AGENDA ABOVE, AND LEFT THE DAIS AT 4:39 P.M. Marketing and Communications Specialist Barkas presented the staff report, which is on file in the Clerk’s Office. Council discussed the enormity of the 13 Focus Areas which will require much collaboration with other stakeholders; residents’ focus areas prioritizations at the 2025 Community Workshop; importance of proper goal setting and progress tracking; and electrical power availability and energy infrastructure needs directly impact nearly all other focus areas, and in particular affordable housing, economic development and growth, expansion of the City’s boundaries, and being a leader in sustainability. PUBLIC SPEAKER: Philip Bettencourt, La Quinta – commended staff for the difficult task of setting performance metrics to public policy goals; and regarding the IID text, recommended to (1) include the Local Agency Formation Commission as one of the stakeholders, and (2) acknowledge the work done by the Coachella Valley Association of Governments. 10 CITY COUNCIL MINUTES Page 5 of 8 FEBRUARY 18, 2025 MOTION – A motion was made and seconded by Councilmembers McGarrey/Sanchez to adopt La Quinta Strategic Plan as presented. Motion passed: ayes – 4, noes – 0, abstain – 0, absent – 1 (Peña). COUNCILMEMBER PEÑA RETURNED TO THE DAIS AT 4:52 P.M. 2. RECEIVE AND FILE FISCAL YEAR 2023/24 GENERAL FUND YEAR-END BUDGET REPORT AND APPROVE THE AMENDED BUDGET CARRYOVERS Finance Director Martinez presented the staff report, which is on file in the Clerk’s Office. Council discussed the flexibility of committed reserves; the transparency of the City’s budget reports; the budget transparency website currently underway; and noted that La Quinta ranked No. 7 in fiscal strength out of 419 cities in California with reported data. MOTION – A motion was made and seconded by Councilmembers Sanchez/Fitzpatrick to receive and file fiscal year 2023/24 General Fund Year-End Budget Report and approve the amended budget carryovers from 2023/24 to 2024/25 as presented. Motion passed unanimously. STUDY SESSION 1. DISCUSS LA QUINTA’S ELECTRICAL CAPACITY AND IMPERIAL IRRIGATION DISTRICT (IID) ENERGY UPGRADES COUNCILMEMBER PEÑA RECUSED HIMSELF FROM PARTICIPATING IN THE DISCUSSION ON STUDY SESSION ITEM NO. 1 DUE TO A CONFLICT OF INTEREST STEMMING FROM A REASONABLE PROBABILITY OF FUTURE INCOME AND/OR INVESTMENT INCOME FROM AN ELECTRIC POWER COMPANY (SECURE ENERGY SOURCE), AS NOTED DURING CONFIRMATION OF AGENDA ABOVE, AND LEFT THE DAIS AT 5:11 P.M. City Manager McMillen presented the staff report, which is on file in the Clerk’s Office. Council discussed its willingness to front funds for substations with repayment by developers later, over a year ago when the cost and lead time for substations was far less; timeline and initial tasks of the proposed Coachella Valley Power Agency Joint Powers Agreement (CVPA JPA); the extent to which IID’s scheduled increase of power cost over the next three years will be applied to deferred maintenance; explaining to residents what they get in exchange for increased rates; micro-grids; other sources of energy; locations of additional substations; electric capacity analysis of current substations; and developers’ “will-serve” letters reserve power for their future project or loose it if developers do not proceed timely. 11 CITY COUNCIL MINUTES Page 6 of 8 FEBRUARY 18, 2025 PRESENTERS: IID Government and Communications Officer Antonio Ortega and Superintendent of Customer Operations and Planning Guillermo Barraza provided additional information on current IID electricity rates and the scheduled rate increases; the proposed use of the proceeds from the increased rates; planned upgrades to substations servicing La Quinta; approximately three-to-four-year timing for delivery and installation of new transformers; use of recent transformers received; solutions will be valley-wide and must be fair; generation of power is not the issue, it’s the distribution of power; pilot program underway for power feeders; and information is available at www.IID.com. Council discussed getting more information on micro-grids; getting information to customers who may not be able to afford IID’s rate increases coming; periodic reports on IID maintenance programs; preference for consistent low rate increases versus larger jumps in rates every 10 years; long-term goals and long-term power provision by IID; immediate steps to begin long-term solutions; power issues are stalling growth; staff’s continued work with consultant NBS Governmental Finance Group dba NBS related to utility infrastructure impact fee study; allowance of micro-grids in City’s Code; funding options for electric infrastructure improvements and cost share agreements; and the formation of CVPA and the execution of a JPA soon to be under discussion. COUNCILMEMBER PEÑA RETURNED TO THE DAIS AT 6:24 P.M. FOR THE REMAINDER OF THE CITY COUNCIL MEETING PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – Continued PUBLIC SPEAKER: Christopher Morgan, La Quinta – resides at the Watercolors residential development; expressed concerns regarding the upcoming mandatory bulk cable services being implemented by the homeowners’ association (HOA), which are unaffordable for some residents; and the HOA legal council is not helpful – just wearing down residents who object. Council and staff provided information on some resources available to Mr. Morgan. PUBLIC HEARINGS – None DEPARTMENTAL REPORTS – All reports are on file in the City Clerk’s Office. 5. DESIGN AND DEVELOPMENT DEPARTMENT – PROPOSED KENNEDY STORE AT VISTA SANTA ROSA Mayor Evans said WRITTEN PUBLIC COMMENTS for Departmental Report Item No. 5 providing parking recommendations for the proposed Kennedy store in the Vista Santa Rosa area were received from resident Alena Callimanis, which were distributed to Council, made public, published on the City’s website, and included in the public record of this meeting. 12 CITY COUNCIL MINUTES Page 7 of 8 FEBRUARY 18, 2025 Council discussed the possible impacts of the proposed project on nearby La Quinta residents; and Senior Planner Nespor provided information on parking and access. MAYOR’S AND COUNCIL MEMBERS’ ITEMS Councilmember Fitzpatrick reported on her attendance at the Arts Celebration Volunteer Training. Mayor Evans reported on her and other Councilmembers’ attendance at the annual 2025 Community Workshop; the CV Giving Day; Palm Springs Air Museum Gala; Riverside County Date Festival Parade; and listed upcoming events. REPORTS AND INFORMATIONAL ITEMS La Quinta’s representative for 2025, 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 2025, Mayor Pro Tem McGarrey reported on her participation in the following organizations’ meetings:  COACHELLA VALLEY MOUNTAINS CONSERVANCY  LEAGUE OF CALIFORNIA CITIES – EXEC COMMITTEE, COUNTY DIVISION La Quinta’s representative for 2025, Councilmember Peña reported on his participation in the following organizations’ meetings:  CV VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT BOARD  CVAG PUBLIC SAFETY COMMITTEE La Quinta’s representative for 2025, Councilmember Sanchez reported on his participation in the following organization’s meetings:  ANIMAL CAMPUS COMMISSION Council reported consistently observing many dogs at SilverRock Park and around the La Quinta Cove being walked without a leash as of late; and noted the importance for pet owners to comply with the City’s requirements and walk their pets on a leash, and for the City to issue citations, without courtesy warnings, in order to ensure compliance and safety. CLOSED SESSION – Continued 1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION; PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9; CASES NAMES AND NUMBERS – MULTIPLE (listed below, all in U.S. Bankruptcy Court, District of Delaware) 13 CITY COUNCIL MINUTES Page 8 of 8 FEBRUARY 18, 2025 CASE NAME: CASE NUMBER SilverRock Development Company, LLC 24-11647 SilverRock Lifestyle Residences, LLC 24-11648 SilverRock Lodging, LLC 24-11650 SilverRock Luxury Residences, LLC 24-11652 SilverRock Phase I, LLC 24-11654 RGC PA 789, LLC 24-11657 2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION; PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9; NAME OF CASE: CITY OF LA QUINTA V. SILVERROCK DEVELOPMENT COMPANY, ET AL. (RIVERSIDE COUNTY SUP. CT. CASE NO. CVPS2404750) COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 6:53 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 7:41 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 reportable action: Council’s authorization remains in place for the City Attorney, in coordination with the City Attorney’s Office and Special Counsel, to defend and protect the interests of the City in the multiple bankruptcy cases filed by SilverRock Development Company and its responsive affiliates as reported out for Closed Session Item No. 2 from the August 6, 2024, Council meeting.  CLOSED SESSION ITEM NO. 2 – no reportable action. ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers McGarrey/Peña to adjourn at 7:41 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, City Clerk City of La Quinta, California 14 City of La Quinta CITY COUNCIL MEETING: March 4, 2025 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION TO REAFFIRM ADOPTION OF ANNUAL ASSESSMENT FOR COUNTY SERVICE AREA 152, AUTHORIZE RIVERSIDE COUNTY TO CONTINUE TO LEVY ASSESSMENTS, AND INDEMNIFY AND HOLD THE COUNTY HARMLESS FOR LEVYING ASSESSMENTS ON CITY PARCELS RECOMMENDATION Adopt a Resolution to reaffirm adoption of the annual assessment for County Service Area 152 for Fiscal Year 2025/26, authorize Riverside County to continue to levy assessments, and indemnify and hold the County harmless for levying assessments on City parcels. EXECUTIVE SUMMARY •The City has an agreement with Riverside County (County) wherein the County assesses properties within the City for the maintenance and operations of street sweeping, flood control, retention basin, and other drainage facilities within La Quinta to improve overall storm water quality. •These activities are required under the Clean Water Act and the National Pollutant Discharge Elimination System Program. •Council must annually adopt a resolution authorizing the County to assess City parcels and hold the County harmless for levying the assessments. •The per parcel assessment rate will remain unchanged from its original 1997 rate of $9.99 per Benefit Assessment Unit for the Fiscal Year 2025/26. FISCAL IMPACT County Service Area (“CSA”) 152 assessments generate approximately $300,000 per year. These funds are held by the County and are designated for expenditures related to storm water pollution mitigation under the National Pollutant Discharge Elimination System (NPDES) permit. The City may request reimbursement for qualifying expenditures, such as retention basin maintenance, and the revenue is recognized in the General Fund (Account No. 101-0000-43633, CSA 152 Assessments). CONSENT CALENDAR ITEM NO. 2 15 BACKGROUND/ANALYSIS In 1991, the County enacted CSA 152 to provide funding for local jurisdictions to maintain flood control and storm drain facilities. In 1994, the City joined CSA 152, and in 1997 the Council approved the Benefit Assessment Unit rate of $9.99. The City/County Agreement is available for review in the Public Works Department. Staff recommends the City’s continued participation in CSA 152 and to authorize the County to levy and collect these assessments for Fiscal Year 2025/26. ALTERNATIVES Staff does not recommend an alternative. Prepared by: Carley Escarrega, Administrative Technician Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer 16 RESOLUTION NO. 2025 - XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, MAKING FINDINGS AND REAFFIRMING THE ESTABLISHMENT AND SETTING OF RATES FOR THE COUNTY SERVICE AREA 152 TO FUND THE CITY’S STREET SWEEPING PROGRAM AND OPERATE AND MAINTAIN THE CITY’S DRAINAGE AND FLOOD CONTROL SYSTEMS WHEREAS, the Riverside County Service Area 152 (CSA 152) was created under the Benefit Assessment Act of 1982 (Government Code Section 54702, et seq.), which authorized local agencies to impose benefit assessments to finance the maintenance and operation costs of flood control and drainage systems, based on the proportionate storm water runoff from each parcel; and WHEREAS, under the federally-mandated but unfunded National Pollutant Discharge Elimination System Program, the City is required to have a valid permit from the Regional Water Quality Control Board to discharge water runoff from properties within the boundaries of the City; and WHEREAS, street sweeping is a pro-active method of ensuring pro-active maintenance from street runoff into the flood control and drainage systems of the City; and WHEREAS, the City is a co-permittee of Permit No. CAS-617002 with the Coachella Valley Water District, County of Riverside and the incorporated cities therein; and WHEREAS, the City, by its Resolution No. 97-39, adopted on May 20, 1997, authorized Riverside County to levy and establish a Benefit Assessment Unit rate for the 1997-1998 Fiscal Year CSA 152 assessments; and WHEREAS, the City by its Resolution No. 97-39, adopted on May 20, 1997, agreed to indemnify and hold the County harmless for levying Assessments on the City parcels under CSA 152; and WHEREAS, the City uses revenues from CSA 152 assessments solely for the purpose of maintaining and operating the City’s flood control and drainage system to comply with the National Pollutant Discharge Elimination System Permit and to provide street sweeping within the City of La Quinta; and WHEREAS, Proposition 218, adopted by voters on November 6, 1996, established new procedures and approval requirements for all existing assessments, unless the assessment is exempt from the new requirements; and 17 Resolution No. 2025 – XXX Riverside County Service Area (CSA) 152 – Fiscal Year 2025/26 Assessments Adopted: March 4, 2025 Page 2 of 3 WHEREAS, certain assessments that existed on November 6, 1996, are specifically exempt from the Proposition 218 procedures and approval requirements, including assessments imposed exclusively to finance the capital costs and maintenance and operation expenses for sidewalks, streets, sewers, water, flood control, drainage systems or vector control. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The City Council finds the foregoing recitals to be true and correct. Section 2. The City Council finds and declares that the City’s CSA 152 charges are assessments within the definition of California Constitution Article XIIID, Section 2(b), in that they confer special benefits upon each parcel of property subject to the assessments. Section 3. The City Council finds and declares that pursuant to Article XIIID, Section 5(a), the City’s CSA 152 assessments are exempt from the new procedures and approval requirements of Article XIIID, Section 4, because the City’s CSA 152 assessments existed before November 6, 1996, and the assessments are imposed exclusively to finance the capital costs and maintenance and operation expenses for street sweeping, flood control, and drainage systems in the City. Section 4. The City Council hereby reaffirms its adoption of the annual assessment for CSA 152 and hereby determines that the annual assessment rate for Fiscal Year 2025/2026 for CSA 152 is to be set at nine dollars and ninety-nine cents ($9.99) per Benefit Assessment Unit. The method of computation has not been changed nor has the rate of assessment been increased since August 6, 1996. Section 5. The City Council hereby authorizes the County of Riverside to levy assessments under CSA 152 for the benefit of the City. The City agrees that it shall indemnify, defend and hold County and members of its Board, and its officers, employees and agents harmless from (1) any and all claims, demands, and causes of action of any kind or nature whatsoever and (2) any and all liability of any kind or nature whatsoever that may arise out of or be caused by, or be attributable to the imposition, collection, or allocation of any tax (special or general), assessment fees or charges, and/or any other revenue generated through City’s application of reliance on or use of County Service Area 152. 18 Resolution No. 2025 – XXX Riverside County Service Area (CSA) 152 – Fiscal Year 2025/26 Assessments Adopted: March 4, 2025 Page 3 of 3 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 4th day of March 2025, 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 19 20 City of La Quinta CITY COUNCIL MEETING: March 4, 2025 STAFF REPORT AGENDA TITLE: APPROVE AGREEMENTS FOR CONTRACT SERVICES WITH JRC CONCRETE CONSTRUCTION, SAVI CONSTRUCTION INC., AND THREE PEAKS CORP. FOR ON-CALL PUBLIC WORKS CONCRETE MAINTENANCE SERVICES RECOMMENDATION Approve agreements for contract services with JRC Concrete Construction, SAVI Construction Inc., and Three Peaks Corp for on-call public works concrete maintenance services; and authorize the City Manager to execute the agreements. EXECUTIVE SUMMARY •Maintenance and Operations needs a dedicated on-call concrete maintenance contractor to assist with repairs to the city’s sidewalks, curb and gutters, pedestrian ramps, and cross gutters. •In January 2025, staff issued a Request for Proposals (RFP) for on-call public works concrete maintenance services and received four responses. Three firms, JRC Concrete Construction, SAVI Construction Inc., and Three Peaks Corp were the best-qualified firms to provide these services. •Proposed are agreements with each firm for an aggregate amount not to exceed $275,000 per fiscal year (FY) for an initial five-year term, with an optional two-year extended term, which provides the flexibility to use one or more firms depending on work demand and firms’ availability. FISCAL IMPACT Proposed are three agreements for a combined total of up to $275,000 per FY, effective March 5, 2025, through June 30, 2029, and an optional two-year extended term for a combined total of up to $550,000 per FY. Funds are available in General Fund Streets Professional Services account (101-7003-60103). The following is the proposed annual budget for both the initial and extended terms for on-call public works concrete maintenance services: CONSENT CALENDAR ITEM NO. 3 21 Initial Term: Budget FY 2024/25 March 5 – June 30, 2025 $275,000 FY 2025/26 $275,000 FY 2026/27 $275,000 FY 2027/28 $275,000 FY 2028/29 $275,000 INTIAL TERM TOTAL: $1,375,000 Possible Extended Term: FY 2029/30 $275,000 FY 2030/31 $275,000 TOTAL: $1,925,000 BACKGROUND/ANALYSIS A Citywide sidewalk inspection survey was performed between August 2023 and January 2024. Sixty-three (63) locations were identified as in need of removal and replacement of various widths and lengths. Maintenance and Operations (M&O) will soon be repairing the locations of damaged curbs and gutters, pedestrian ramps, and cross gutters, and needs a dedicated on-call concrete maintenance contractor to assist with citywide repairs. In January 2025, staff issued an RFP for on-call public works concrete maintenance service and received four proposals. The selection committee selected JRC Concrete Construction, SAVI Construction Inc., and Three Peaks Corp as the most qualified firms. Proposed are three agreements with each firm, JRC Concrete Construction (Attachment 1), SAVI Construction Inc. (Attachment 2), and Three Peaks Corp (Attachment 3), beginning March 5, 2025, through June 30, 2029, at a not to exceed combined compensation amount of $275,000 per FY, with an option to extend for an additional two (2)-year term. ALTERNATIVES Council may elect not to approve or to modify any of the agreements. Prepared by: David Eastlick, Maintenance and Operations Streets Superintendent Approved by: Tony Ulloa, Maintenance and Operations Deputy Director Attachments: 1.Agreement with JRC Concrete Construction 2. Agreement with SAVI Construction Inc. 3. Agreement with Three Peaks Corp 22 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 JRC Concrete Construction, Sole Proprietor, with a place of business at 80614 Tangelo Ct, Indio, CA 92201 (“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 services related to annual ON-CALL PUBLIC WORKS CONCRETE MAINTENANCE SERVICES, as specified in the “Scope of Services” attached hereto as “Exhibit A” and incorporated herein by this reference (the “Services”). Contracting Party represents and warrants that Contracting Party is a provider of first-class work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “industry standards” shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances. 1.2 Compliance with Law. All Services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of the City and any Federal, State, or local governmental agency of competent jurisdiction. 1.3 Wage and Hour Compliance, Contracting Party shall comply with applicable Federal, State, and local wage and hour laws. 1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Contracting Party shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement, including a City of La Quinta business license. Contracting Party and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required for the performance of the Services required by this Agreement. Contracting Party shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the Services required by this Agreement, and shall indemnify, defend (with counsel selected by City), and hold City, its elected officials, officers, employees, and agents, free and harmless against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against City hereunder. Contracting Party shall be responsible for all subcontractors’ compliance with this Section. ATTACHMENT 1 23 -2- 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. 24 -3- 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 approved not to exceed Two Hundred Seventy-Five Thousand Dollars ($275,000), (the “Contract Sum”) per fiscal year for the life of the agreement, encompassing the Initial and any extended terms, except as provided in Section 1.7. Contractor expressly acknowledges and agrees that the Contract Sum in this Agreement is the aggregate total amount covering this Agreement, that certain Agreement for Contract Services by and between the City and SAVI Construction, Inc., and that certain Agreement for Contract Services by and between the City and Three Peaks Corp 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 all 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 25 -4- pay Contracting Party for all items stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City’s Finance Department. 2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer, or assigned designee. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement. 3. PERFORMANCE SCHEDULE. 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. If the Services not completed in accordance with the Schedule of Performance, as set forth in Section 3.2 and “Exhibit C”, it is understood that the City will suffer damage. 3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in “Exhibit C” (the “Schedule of Performance”). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer, or assigned designee. 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. 26 -5- 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 March 5, 2025, and terminate on June 30, 2029 (“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) Juan Rodriguez Telephone No.: (760) 625-1300 Email: jrc.concrete760@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 David Eastlick, Public Works Superintendent, or assigned designee may be designated in writing by the City Manager of the City. It shall be Contracting Party’s responsibility to assure that the Contract Officer, or assigned designee, is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer, or assigned designee. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer, or assigned designee. The Contract Officer, or assigned designee, shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any 27 -6- 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 supervision, and that all personnel engaged in such work shall be fully qualified and shall 28 -7- 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. 7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports 29 -8- (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. 30 -9- 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. 31 -10- 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 32 -11- 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 33 -12- 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: David Eastlick Public Works Superintendent 78495 Calle Tampico La Quinta, California 92253 To Contracting Party: JRC CONCRETE CONSTRUCTION Juan Rodriguez – Owner 80614 Tangelo Ct Indio, CA 92201 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. 34 -13- 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] 35 -14- IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, a California Municipal Corporation JON McMILLEN, City Manager City of La Quinta, California Dated: JRC CONCRETE CONSTRUCTION: Juan Rodriguez, Owner Dated: ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California By: Name: Title: APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 36 Exhibit A Page 1 of 4 Last revised summer 2017 Exhibit A Scope of Services 1. Services to be Provided: • Provide on-call concrete repairs including, but not limited to, sidewalk replacement, cross gutter replacement, and curb/gutter replacement. All work must be completed according to the City of La Quinta’s Standard Drawings. Caltrans Standard Specifications, 2015 Edition, as applicable for sidewalks located in Caltrans Right of Way. • La Quinta Standard Drawings can be found here https://www.laquintaca.gov/business/design-and-development/development-services/standard-drawings • City staff will provide locations and scope as needed. 37 Exhibit A Page 2 of 4 ADDENDUM TO AGREEMENT Re: Scope of Services If the Scope of Services include construction, alteration, demolition, installation, repair, or maintenance affecting real property or structures or improvements of any kind appurtenant to real property, the following apply: 1. Prevailing Wage Compliance. If Contracting Party is a contractor performing public works and maintenance projects, as described in this Section 1.3, Contracting Party shall comply with applicable Federal, State, and local laws. Contracting Party is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Sections 16000, et seq., (collectively, the “Prevailing Wage Laws”), and La Quinta Municipal Code Section 3.12.040, which require the payment of prevailing wage rates and the performance of other requirements on “Public works” and “Maintenance” projects. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and if construction work over twenty- five thousand dollars ($25,000.00) and/or alterations, demolition, repair or maintenance work over fifteen thousand dollars ($15,000.00) is entered into or extended on or after January 1, 2015 by this Agreement, Contracting Party agrees to fully comply with such Prevailing Wage Laws including, but not limited to, requirements related to the maintenance of payroll records and the employment of apprentices. Pursuant to California Labor Code Section 1725.5, no contractor or subcontractor may be awarded a contract for public work on a “Public works” project unless registered with the California Department of Industrial Relations (“DIR”) at the time the contract is awarded. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, this project is subject to compliance monitoring and enforcement by the DIR. Contracting Party will maintain and will require all subcontractors to maintain valid and current DIR Public Works contractor registration during the term of this Agreement. Contracting Party shall notify City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contracting Party’s or any of its subcontractor’s DIR registration status has been suspended, revoked, expired, or otherwise changed. It is understood that it is the responsibility of Contracting Party to determine the correct salary scale. Contracting Party shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contracting Party’s principal place of business and at the project site, if any. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contracting Party must forfeit to City TWENTY-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, 38 Exhibit A Page 3 of 4 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. 39 Exhibit A Page 4 of 4 (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. 40 Exhibit B Page 1 of 1 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed Two Hundred Seventy-Five Thousand Dollars ($275,000) (“Contract Sum”) per fiscal 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 aggregate total amount covering this Agreement, that certain Agreement for Contract Services by and between the City and SAVI Construction, Inc., and that certain Agreement for Contract Services by and between the City and Three Peaks Corp, 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 all agreements. The Contractor to submit invoices as work is completed. Invoices shall be paid to Contracting Party in the amount identified on submitted invoices, approved by the Project Manager for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement. Initial Term: FY 2024/25 $ 275,000 FY 2025/26 $ 275,000 FY 2026/27 $ 275,000 FY 2027/28 $ 275,000 FY 2028/29 $ 275,000 Possible Extended Term: FY 2029/30 $ 275,000 FY 2030/31 $ 275,000 Complete Pricing List: Sidewalk removal and replacement (per panel) - $2,922.24 Cross Gutter removal and replacement (per 1 Lft.) - $2,976.32 Curb & Gutter removal and replacement (per 10 Lft.) - $2,976.32 Pedestrian ramp installation - $40 per SqFt Lane Closure - $725 Permits for lane closure - $500 Traffic Plans - $350-400 41 Exhibit C Page 1 of 1 Exhibit C Schedule of Performance Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, in accordance with the Project Schedule, attached hereto and incorporated herein by this reference. Work shall be coordinated with the Project Manager. Performed Monday- Friday, 8:00 am to 5:00 pm. No work to be performed on Sundays or Holidays. The term of this agreement shall commence on March 5, 2025, and terminate on June 30, 2029 (“Initial Term”). This Agreement may be extended for two (2) additional year(s) upon mutual agreement by both parties. 42 Exhibit D Page 1 of 1 Exhibit D Special Requirements None 43 Exhibit E Page 1 of 6 Exhibit E Insurance Requirements E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A-VI: Commercial General Liability (at least as broad as ISO CG 0001) $5,000,000 (per occurrence) $5,000,000 (general aggregate) Must include the following endorsements: General Liability Additional Insured General Liability Primary and Non-contributory Commercial Auto Liability (at least as broad as ISO CA 0001) $5,000,000 (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 $5,000,000 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 44 Exhibit E Page 2 of 6 whose acts any of them may be liable, arising directly or indirectly out of or related to Contracting Party’s performance under this Agreement. If Contracting Party or Contracting Party’s employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such person. The term “automobile” includes, but is not limited to, a land motor vehicle, trailer or semi-trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contracting Party and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Contracting Party shall carry Workers’ Compensation Insurance in accordance with State Worker’s Compensation laws with employer’s liability limits no less than $1,000,000 per accident or disease. Contracting Party shall procure and maintain Cyber Liability insurance with limits of $1,000,000 per occurrence/loss which shall include the following coverage: a. Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including credit monitoring and regulatory fines arising from such theft, dissemination or use of the confidential information. b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems. c. Liability arising from the failure of technology products (software) required under the contract for Consultant to properly perform the services intended. d. Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deep- linking or framing, and infringement or violation of intellectual property rights. e. Liability arising from the failure to render professional services. 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. 45 Exhibit E Page 3 of 6 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. 46 Exhibit E Page 4 of 6 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 47 Exhibit E Page 5 of 6 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. 48 Exhibit E Page 6 of 6 18.These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 19.The requirements in this Exhibit supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 20.Contracting Party agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contracting Party for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 21.Contracting Party agrees to provide immediate notice to City of any claim or loss against Contracting Party arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 49 Exhibit F Page 1 of 2 Exhibit F Indemnification F.1 Indemnity for the Benefit of City. a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (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. 50 Exhibit F Page 2 of 2 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. 51 52 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 SAVI Construction Inc., with a place of business at 6725 Birmingham Dr, Chino, CA 91710 (“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 services related to annual ON-CALL PUBLIC WORKS CONCRETE MAINTENANCE SERVICES, as specified in the “Scope of Services” attached hereto as “Exhibit A” and incorporated herein by this reference (the “Services”). Contracting Party represents and warrants that Contracting Party is a provider of first-class work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “industry standards” shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances. 1.2 Compliance with Law. All Services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of the City and any Federal, State, or local governmental agency of competent jurisdiction. 1.3 Wage and Hour Compliance, Contracting Party shall comply with applicable Federal, State, and local wage and hour laws. 1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Contracting Party shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement, including a City of La Quinta business license. Contracting Party and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required for the performance of the Services required by this Agreement. Contracting Party shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the Services required by this Agreement, and shall indemnify, defend (with counsel selected by City), and hold City, its elected officials, officers, employees, and agents, free and harmless against any such fees, 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 ATTACHMENT 2 53 -2- 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. 54 -3- 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 approved not to exceed Two Hundred Seventy-Five Thousand Dollars ($275,000), (the “Contract Sum”) per fiscal year for the life of the agreement, encompassing the Initial and any extended terms, except as provided in Section 1.7. Contractor expressly acknowledges and agrees that the Contract Sum in this Agreement is the aggregate total amount covering this Agreement, that certain Agreement for Contract Services by and between the City and JRC Concrete Construction, and that certain Agreement for Contract Services by and between the City and Three Peaks Corp 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 all 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. 55 -4- 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 March 5, 2025, and terminate on June 30, 2029 (“Initial Term”). This Agreement may be extended 56 -5- 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) Name: Ramesh Bachuvala Telephone No.: (805) 889-3547 Email: contactsavi247@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 David Eastlick, Public Works Superintendent, or assigned designee may be designated in writing by the City Manager of the City. It shall be Contracting Party’s responsibility to assure that the Contract Officer, or assigned designee, is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer, or assigned designee. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer, or assigned designee. The Contract Officer, or assigned designee, shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party 57 -6- 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 supervision, and that all personnel engaged in such work shall be fully qualified and shall 58 -7- 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. 7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports 59 -8- (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. 60 -9- 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. 61 -10- 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 62 -11- 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 63 -12- 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: David Eastlick Public Works Superintendent 78495 Calle Tampico La Quinta, California 92253 To Contracting Party: Ramesh Bachuvala SAVI Construction Inc. 6725 Birmingham Dr Chino, CA 91710 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. 64 -13- 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] 65 -14- IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, a California Municipal Corporation JON McMILLEN, City Manager City of La Quinta, California Dated: SAVI CONSTRUCTION INC.: Ramesh Bachuvala, Owner Dated:__________________________ ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California By: Name: Title: APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 66 Exhibit A Page 1 of 4 Last revised summer 2017 Exhibit A Scope of Services 1.Services to be Provided: •Provide on-call concrete repairs including, but not limited to, sidewalk replacement, cross gutter replacement, and curb/gutter replacement. All work must be completed according to the City of La Quinta’s Standard Drawings. Caltrans Standard Specifications, 2015 Edition, as applicable for sidewalks located in Caltrans Right of Way. •La Quinta Standard Drawings can be found here https://www.laquintaca.gov/business/design-and- development/development-services/standard-drawings •City staff will provide locations and scope as needed. 67 Exhibit A Page 2 of 4 ADDENDUM TO AGREEMENT Re: Scope of Services If the Scope of Services include construction, alteration, demolition, installation, repair, or maintenance affecting real property or structures or improvements of any kind appurtenant to real property, the following apply: 1.Prevailing Wage Compliance. If Contracting Party is a contractor performing public works and maintenance projects, as described in this Section 1.3, Contracting Party shall comply with applicable Federal, State, and local laws. Contracting Party is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Sections 16000, et seq., (collectively, the “Prevailing Wage Laws”), and La Quinta Municipal Code Section 3.12.040, which require the payment of prevailing wage rates and the performance of other requirements on “Public works” and “Maintenance” projects. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and if construction work over twenty- five thousand dollars ($25,000.00) and/or alterations, demolition, repair or maintenance work over fifteen thousand dollars ($15,000.00) is entered into or extended on or after January 1, 2015 by this Agreement, Contracting Party agrees to fully comply with such Prevailing Wage Laws including, but not limited to, requirements related to the maintenance of payroll records and the employment of apprentices. Pursuant to California Labor Code Section 1725.5, no contractor or subcontractor may be awarded a contract for public work on a “Public works” project unless registered with the California Department of Industrial Relations (“DIR”) at the time the contract is awarded. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, this project is subject to compliance monitoring and enforcement by the DIR. Contracting Party will maintain and will require all subcontractors to maintain valid and current DIR Public Works contractor registration during the term of this Agreement. Contracting Party shall notify City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contracting Party’s or any of its subcontractor’s DIR registration status has been suspended, revoked, expired, or otherwise changed. It is understood that it is the responsibility of Contracting Party to determine the correct salary scale. Contracting Party shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contracting Party’s principal place of business and at the project site, if any. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contracting Party must forfeit to City TWENTY-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, 68 Exhibit A Page 3 of 4 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. 69 Exhibit A Page 4 of 4 (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. 70 Exhibit B Page 1 of 2 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed Two Hundred Seventy-Five Thousand Dollars ($275,000) (“Contract Sum”) per fiscal 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 aggregate total amount covering this Agreement, that certain Agreement for Contract Services by and between the City and JRC Concrete Construction, and that certain Agreement for Contract Services by and between the City and Three Peaks Corp, 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 all agreements. The Contractor to submit invoices as work is completed. Invoices shall be paid to Contracting Party in the amount identified on submitted invoices, approved by the Project Manager for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement. Initial Term: FY 2024/25 $ 275,000 FY 2025/26 $ 275,000 FY 2026/27 $ 275,000 FY 2027/28 $ 275,000 FY 2028/29 $ 275,000 Possible Extended Term: FY 2029/30 $ 275,000 FY 2030/31 $ 275,000 71 Exhibit B Page 2 of 2 -2- 72 Exhibit C Page 1 of 1 Exhibit C Schedule of Performance Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, in accordance with the Project Schedule, attached hereto and incorporated herein by this reference. Work shall be coordinated with the Project Manager. Performed Monday- Friday, 8:00 am to 5:00 pm. No work to be performed on Sundays or Holidays. The term of this agreement shall commence on March 5, 2025, and terminate on June 30, 2029 (“Initial Term”). This Agreement may be extended for two (2) additional year(s) upon mutual agreement by both parties. 73 Exhibit D Page 1 of 1 Exhibit D Special Requirements None 74 Exhibit E Page 1 of 6 Exhibit E Insurance Requirements E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A-VI: Commercial General Liability (at least as broad as ISO CG 0001) $5,000,000 (per occurrence) $5,000,000 (general aggregate) Must include the following endorsements: General Liability Additional Insured General Liability Primary and Non-contributory Commercial Auto Liability (at least as broad as ISO CA 0001) $5,000,000 (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 $5,000,000 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 75 Exhibit E Page 2 of 6 indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contracting Party’s performance under this Agreement. If Contracting Party or Contracting Party’s employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such person. The term “automobile” includes, but is not limited to, a land motor vehicle, trailer or semi-trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contracting Party and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Contracting Party shall carry Workers’ Compensation Insurance in accordance with State Worker’s Compensation laws with employer’s liability limits no less than $1,000,000 per accident or disease. Contracting Party shall procure and maintain Cyber Liability insurance with limits of $1,000,000 per occurrence/loss which shall include the following coverage: a. Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including credit monitoring and regulatory fines arising from such theft, dissemination or use of the confidential information. b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems. c. Liability arising from the failure of technology products (software) required under the contract for Consultant to properly perform the services intended. d. Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deep- linking or framing, and infringement or violation of intellectual property rights. e. Liability arising from the failure to render professional services. 76 Exhibit E Page 3 of 6 If coverage is maintained on a claims-made basis, Contracting Party shall maintain such coverage for an additional period of three (3) years following termination of the contract. Contracting Party shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased. In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party’s obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. E.2 Remedies. In addition to any other remedies City may have if Contracting Party fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contracting Party to stop work under this Agreement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party demonstrates compliance with the requirements hereof. c. Terminate this Agreement. Exercise any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party’s failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party’s or its subcontractors’ performance of work under this Agreement. E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party: 1. Contracting Party agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party’s employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights 77 Exhibit E Page 4 of 6 against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contracting Party shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all the coverages required and an additional insured endorsement to Contracting Party’s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City. 9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Contracting Party agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not 78 Exhibit E Page 5 of 6 allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contracting Party’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 11. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contracting Party ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contracting Party, the City will negotiate additional compensation proportional to the increased benefit to City. 12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 13. Contracting Party acknowledges and agrees that any actual or alleged failure on the part of City to inform Contracting Party of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 14. Contracting Party will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party’s insurance agent to this effect is acceptable. A certificate of insurance and an additional insured endorsement is required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 16. The provisions of any workers’ compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents. 17. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a 79 Exhibit E Page 6 of 6 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. 80 Exhibit F Page 1 of 2 Exhibit F Indemnification F.1 Indemnity for the Benefit of City. a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (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. 81 Exhibit F Page 2 of 2 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. 82 83 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 Three Peaks Corp, with a place of business at 10043 Beaumont Ave., Cherry Valley, CA (“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 services related to annual ON-CALL PUBLIC WORKS CONCRETE MAINTENANCE SERVICES, as specified in the “Scope of Services” attached hereto as “Exhibit A” and incorporated herein by this reference (the “Services”). Contracting Party represents and warrants that Contracting Party is a provider of first-class work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “industry standards” shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances. 1.2 Compliance with Law. All Services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of the City and any Federal, State, or local governmental agency of competent jurisdiction. 1.3 Wage and Hour Compliance, Contracting Party shall comply with applicable Federal, State, and local wage and hour laws. 1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Contracting Party shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement, including a City of La Quinta business license. Contracting Party and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required for the performance of the Services required by this Agreement. Contracting Party shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the Services required by this Agreement, and shall indemnify, defend (with counsel selected by City), and hold City, its elected officials, officers, employees, and agents, free and harmless against any such fees, 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 ATTACHMENT 3 84 -2- 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. 85 -3- 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 approved not to exceed Two Hundred Seventy-Five Thousand Dollars ($275,000), (the “Contract Sum”) per fiscal year for the life of the agreement, encompassing the Initial and any extended terms, except as provided in Section 1.7. Contractor expressly acknowledges and agrees that the Contract Sum in this Agreement is the aggregate total amount covering this Agreement, that certain Agreement for Contract Services by and between the City and JRC Concrete Construction, and that certain Agreement for Contract Services by and between the City and SAVI Construction 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 all 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. 86 -4- 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 March 5, 2025, and terminate on June 30, 2029 (“Initial Term”). This Agreement may be extended 87 -5- 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) Name: Alec DeLongchamp Telephone No.: 951-203-3268 Email: alec@threepeakscorp.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 David Eastlick, Public Works Superintendent, or assigned designee may be designated in writing by the City Manager of the City. It shall be Contracting Party’s responsibility to assure that the Contract Officer, or assigned designee, is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer, or assigned designee. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer, or assigned designee. The Contract Officer, or assigned designee, shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City’s express written approval shall be null, void, and of no effect. No approved 88 -6- 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 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. 89 -7- 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 90 -8- 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. 91 -9- 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 92 -10- 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 93 -11- 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. 94 -12- 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: David Eastlick Public Works Superintendent 78495 Calle Tampico La Quinta, California 92253 To Contracting Party: Alec DeLongchamp Three peaks Corp 10043 Beaumont Ave Cherry Valley, CA 92223 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. 95 -13- 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] 96 -14- IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, a California Municipal Corporation JON McMILLEN, City Manager City of La Quinta, California Dated: THREE PEAKS CORP: Alec DeLongchamp Title: Dated: ______________________ ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California By: Name: Title: APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 97 Exhibit A Page 1 of 4 Last revised summer 2017 Exhibit A Scope of Services 1. Services to be Provided: • Provide on-call concrete repairs including, but not limited to, sidewalk replacement, cross gutter replacement, and curb/gutter replacement. All work must be completed according to the City of La Quinta’s Standard Drawings. Caltrans Standard Specifications, 2015 Edition, as applicable for sidewalks located in Caltrans Right of Way. • La Quinta Standard Drawings can be found here https://www.laquintaca.gov/business/design-and- development/development-services/standard-drawings • City staff will provide locations and scope as needed. 98 Exhibit A Page 2 of 4 ADDENDUM TO AGREEMENT Re: Scope of Services If the Scope of Services include construction, alteration, demolition, installation, repair, or maintenance affecting real property or structures or improvements of any kind appurtenant to real property, the following apply: 1.Prevailing Wage Compliance. If Contracting Party is a contractor performing public works and maintenance projects, as described in this Section 1.3, Contracting Party shall comply with applicable Federal, State, and local laws. Contracting Party is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Sections 16000, et seq., (collectively, the “Prevailing Wage Laws”), and La Quinta Municipal Code Section 3.12.040, which require the payment of prevailing wage rates and the performance of other requirements on “Public works” and “Maintenance” projects. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and if construction work over twenty- five thousand dollars ($25,000.00) and/or alterations, demolition, repair or maintenance work over fifteen thousand dollars ($15,000.00) is entered into or extended on or after January 1, 2015 by this Agreement, Contracting Party agrees to fully comply with such Prevailing Wage Laws including, but not limited to, requirements related to the maintenance of payroll records and the employment of apprentices. Pursuant to California Labor Code Section 1725.5, no contractor or subcontractor may be awarded a contract for public work on a “Public works” project unless registered with the California Department of Industrial Relations (“DIR”) at the time the contract is awarded. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, this project is subject to compliance monitoring and enforcement by the DIR. Contracting Party will maintain and will require all subcontractors to maintain valid and current DIR Public Works contractor registration during the term of this Agreement. Contracting Party shall notify City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contracting Party’s or any of its subcontractor’s DIR registration status has been suspended, revoked, expired, or otherwise changed. It is understood that it is the responsibility of Contracting Party to determine the correct salary scale. Contracting Party shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contracting Party’s principal place of business and at the project site, if any. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contracting Party must forfeit to City TWENTY-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, 99 Exhibit A Page 3 of 4 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. 100 Exhibit A Page 4 of 4 (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 ($1,000.00) as liquidated damages for each working day of delay in the performance of any of the Services required hereunder, as specified in the Schedule of Performance. In addition, liquidated damages may be assessed for failure to comply with the emergency call out requirements, if any, described in the Scope of Services. City may withhold from any moneys payable on account of the Services performed by Contracting Party any accrued liquidated damages. 101 Exhibit B Page 1 of 1 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed Two Hundred Seventy-Five Thousand Dollars ($ 275,000) (“Contract Sum”) per fiscal 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 aggregate total amount covering this Agreement, that certain Agreement for Contract Services by and between the City and JRC Concrete Construction, and that certain Agreement for Contract Services by and between the City and SAVI Construction 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 all agreements. The Contractor to submit invoices as work is completed. Invoices shall be paid to Contracting Party in the amount identified on submitted invoices, approved by the Project Manager for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement. Initial Term: FY 2024/25 $ 275,000 FY 2025/26 $ 275,000 FY 2026/27 $ 275,000 FY 2027/28 $ 275,000 FY 2028/29 $ 275,000 Possible Extended Term: FY 2029/30 $ 275,000 FY 2030/31 $ 275,000 102 Exhibit C Page 1 of 1 Exhibit C Schedule of Performance Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, in accordance with the Project Schedule, attached hereto and incorporated herein by this reference. Work shall be coordinated with the Project Manager. Performed Monday- Friday, 8:00 am to 5:00 pm. No work to be performed on Sundays or Holidays. The term of this agreement shall commence on March 5, 2025, and terminate on June 30, 2029 (“Initial Term”). This Agreement may be extended for two (2) additional year(s) upon mutual agreement by both parties 103 Exhibit D Page 1 of 1 Exhibit D Special Requirements None 104 Exhibit E Page 1 of 6 Exhibit E Insurance Requirements E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A-VI: Commercial General Liability (at least as broad as ISO CG 0001) $5,000,000 (per occurrence) $5,000,000 (general aggregate) Must include the following endorsements: General Liability Additional Insured General Liability Primary and Non-contributory Commercial Auto Liability (at least as broad as ISO CA 0001) $5,000,000 (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 105 Exhibit E Page 2 of 6 indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contracting Party’s performance under this Agreement. If Contracting Party or Contracting Party’s employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such person. The term “automobile” includes, but is not limited to, a land motor vehicle, trailer or semi-trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contracting Party and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Contracting Party shall carry Workers’ Compensation Insurance in accordance with State Worker’s Compensation laws with employer’s liability limits no less than $1,000,000 per accident or disease. Contracting Party shall procure and maintain Cyber Liability insurance with limits of $1,000,000 per occurrence/loss which shall include the following coverage: a. Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including credit monitoring and regulatory fines arising from such theft, dissemination or use of the confidential information. b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems. c. Liability arising from the failure of technology products (software) required under the contract for Consultant to properly perform the services intended. d. Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deep- linking or framing, and infringement or violation of intellectual property rights. e. Liability arising from the failure to render professional services. 106 Exhibit E Page 3 of 6 If coverage is maintained on a claims-made basis, Contracting Party shall maintain such coverage for an additional period of three (3) years following termination of the contract. Contracting Party shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased. In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party’s obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. E.2 Remedies. In addition to any other remedies City may have if Contracting Party fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contracting Party to stop work under this Agreement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party demonstrates compliance with the requirements hereof. c. Terminate this Agreement. Exercise any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party’s failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party’s or its subcontractors’ performance of work under this Agreement. E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party: 1. Contracting Party agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party’s employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights 107 Exhibit E Page 4 of 6 against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contracting Party shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all the coverages required and an additional insured endorsement to Contracting Party’s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City. 9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Contracting Party agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not 108 Exhibit E Page 5 of 6 allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contracting Party’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 11.The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contracting Party ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contracting Party, the City will negotiate additional compensation proportional to the increased benefit to City. 12.For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 13.Contracting Party acknowledges and agrees that any actual or alleged failure on the part of City to inform Contracting Party of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 14.Contracting Party will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15.Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party’s insurance agent to this effect is acceptable. A certificate of insurance and an additional insured endorsement is required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 16.The provisions of any workers’ compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents. 17.Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a 109 Exhibit E Page 6 of 6 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. 110 Exhibit F Page 1 of 2 Exhibit F Indemnification F.1 Indemnity for the Benefit of City. a.Indemnification for Professional Liability. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (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. 111 Exhibit F Page 2 of 2 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. 112 City of La Quinta CITY COUNCIL MEETING: March 4, 2025 STAFF REPORT AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH LANCE, SOLL & LUNGHARD, LLP FOR PROFESSIONAL ACCOUNTING AND ADVISORY SERVICES RECOMMENDATION Approve agreement for contract services with Lance, Soll & Lunghard, LLP for professional accounting and advisory services; and authorize the City Manager to execute the agreement. EXECUTIVE SUMMARY •The City currently contracts with Lance, Soll & Lunghard, LLP (LSL) for auditing services. •The Finance Department is navigating increasingly complex regulatory requirements, necessitating professional advisement to implement, and is proposing to leverage LSL for additional support to ensure continuity, compliance, and efficiency, including an assessment of the department’s operations, Governmental Accounting Standards Board (GASB) compliance assistance, and automation of processes. •The City’s purchasing policy requires Council approval for contracts with vendors paid over $50,000 annually. FISCAL IMPACT The proposed agreement with LSL is for fiscal year (FY) 2024/25, for a total not to exceed amount of $50,000 per FY, with an optional two-year extension. Funds are available in the current FY budget Professional Services account 101-1006-60106 and would be budgeted accordingly in future FYs should the extension be exercised. Total fiscal commitment under this agreement, with optional extensions, would be up to $150,000 for a three-year term. BACKGROUND/ANALYSIS In April 2024, following the competitive Request for Proposals procurement process, Council approved a five-year agreement with LSL for auditing services at $103,040 per FY, CONSENT CALENDAR ITEM NO. 4 113 with built-in escalators. The City’s purchasing policy requires Council approval for vendors paid over $50,000 annually. The City's financial operations are complex and require specialized expertise to ensure compliance with evolving accounting standards and regulations. LSL’s professional expertise and familiarity with the City’s financial structure makes the firm suitable to provide additional accounting services and advisory support and will ensure continuity and efficiency of processes, allow for seamless integration of services, and ensure compliance with the latest accounting standards and regulatory requirements. Additionally, retaining LSL for additional services is cost-effective as it reduces onboarding time and associated expenses compared to hiring a new firm. Finally, LSL’s continued oversight strengthens internal controls and enhances financial transparency, contributing to improved financial management. The proposed agreement (Attachment 1) is for a one-year initial term with an optional two- year extension; the scope of services is for general accounting services, including, but not limited to, the following: 1. Department Assessment – evaluation of departmental financial processes to identify areas for improvement and efficiency. 2. GASB Implementation – guidance on adopting and complying with new GASB regulations, ensuring adherence to industry-accepted standards. 3. Artificial Intelligence (AI) Automation Integration – exploring AI-driven solutions to optimize accounting workflows, reduce manual processes, and enhance accuracy. 4. General Accounting Services – training, policy updates, internal controls, accounting entries, etc. ALTERNATIVES Council may elect not to approve the proposed agreement, but this alternative is not recommended, as these services will ensure that the City remains in compliance. Prepared by: Claudia Martinez, Finance Director Approved by: Jon McMillen, City Manager Attachment: 1. Agreement for Contract Services with LSL 114 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 Lance, Soll & Lunghard, LLP (LSL) with a place of business at 203 N. Brea Blvd., Suite 203 Brea, CA 92821 (“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 Professional Accounting and Advisory 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. ATTACHMENT 1 115 -2- 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. 116 -3- 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 and Fifty Thousand Dollars ($150,000), 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 117 -4- 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 September 1, 2024, and terminate on June 30, 2025 (“Initial Term”). This Agreement may be extended for two additional year(s) upon mutual agreement by both parties (“Extended Term”), and executed in writing. 118 -5- 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) Lance, Soll & Lunghard, LLP 203 N. Brea Blvd., Suite 203 Brea, CA 92821 ATTN: Kelly Telford & Gail Gray (b) City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 ATTN: Claudia Martinez, Finance Director It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of Contracting Party and devoting sufficient time to personally supervise the Services hereunder. For purposes of this Agreement, the foregoing Principals may not be changed by Contracting Party and no other personnel may be assigned to perform the Services required hereunder without the express written approval of City. 4.2 Contract Officer. The “Contract Officer”, otherwise known as the Public Safety 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 119 -6- 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 supervision, and that all personnel engaged in such work shall be fully qualified and shall 120 -7- 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. 7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports 121 -8- (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. . As per the AICPA Code of Professional Conduct for certified public accountants performing independent auditing services, the working papers, including schedules, reconciliations, lead sheets, calculations, and drafts prepared by the Contracting Party are to remain the sole property of the Contracting Party. The City shall have ownership of the final deliverables prepared by the Contracting Party upon completion of the scope of work. The City shall also retain ownership of any schedules, 122 -9- reconciliations, or data originally prepared by the City and provided to the Contracting Party in conjunction with the completion of the scope of work. 7.4 7.5 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. 7.6 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. 7.7 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. 7.8 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. 123 -10- 8. ENFORCEMENT OF AGREEMENT. 8.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contracting Party covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer, or assigned designee; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party’s right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to this Article 8.0. During the period of time that Contracting Party is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default. 8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contracting Party in the performance of the Services required by this Agreement. 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. City’s consent or approval of any act 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. 124 -11- 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. The Contracting Party shall retain the right to terminate the agreement upon certain conditions, including but not limited to: malfeasance identified to be arising solely from the City which gives substantial doubt as to the integrity of management; impairments to the Contracting Party's independence; or any other conditions for termination described in the AICPA Code of Professional Conduct for certified public accountants performing independent auditing services. In the event of termination for such causes, the Contracting Party shall be entitled to fees accrued to the point of termination. 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 125 -12- 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 126 -13- of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section. To City: CITY OF LA QUINTA Attention: Jon McMillen, City Manager 78495 Calle Tampico La Quinta, California 92253 To Contracting Party: LANCE, SOLL & LUNGHARD, LLP Attention: Kelly Telford & Gail Gray 203 N. Brea Blvd., Suite 203 Brea, CA 92821 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 127 -14- 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] 128 -15- IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, a California Municipal Corporation JON McMILLEN, City Manager City of La Quinta, California Dated: CONTRACTING PARTY: Lance, Soll & Lunghard, LLP (LSL) By: Name: Title: ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California By: Name: Title: By: Name: Title: APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 129 Exhibit A Page 1 of 1 Last revised summer 2017 Exhibit A Scope of Services 1. Services to be Provided: • Accounting/Advisory Services to include: o Assessment of the Finance department’s organizational structure and the job duties of each team member to identify recommendations to management for improved efficiencies and to enhance internal controls • GASB 87/96 Services to include: o Preparation of the analysis for leases, as necessary, to complete the journal entries and footnote disclosures for GASB 87 o Preparation of the analysis for leases, as necessary, to complete the journal entries and footnote disclosures for GASB 96 • Technology/Accounting Services for Robot Process Automation (RPA) to include: o Process Identification- identify and prioritize a major business area to improve o RPA Assessment- process recording session with subject matter experts, verify the process recording, and determine savings and benefits to the organization o RPA Value Proposition Presentation- customized business case and ROI analysis for the business process to be improved for stakeholder presentation • General Accounting Services to include: o Training, policy updates, internal controls, accounting entries, etc. 130 Exhibit B Page 1 of 1 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed One Hundred and Fifty Thousand Dollars ($150,000), 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. Rates increase annually on January 1 based upon market rates for similar services and generally range between 3% to 7%. 131 Exhibit C Page 1 of 1 Exhibit C Schedule of Performance Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, in accordance with the Project Schedule, attached hereto and incorporated herein by this reference. 132 Exhibit D Page 1 of 1 Exhibit D Special Requirements None 133 Exhibit E Page 1 of 6 Exhibit E Insurance Requirements E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A-VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Must include the following endorsements: General Liability Additional Insured General Liability Primary and Non-contributory Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) 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 Cyber Liability $1,000,000 (per occurrence) $2,000,000 (general aggregate) Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party’s acts or omissions rising out of or related to Contracting Party’s performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder. 134 Exhibit E Page 2 of 6 Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contracting Party’s performance under this Agreement. If Contracting Party or Contracting Party’s employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such person. The term “automobile” includes, but is not limited to, a land motor vehicle, trailer or semi-trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contracting Party and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Contracting Party shall carry Workers’ Compensation Insurance in accordance with State Worker’s Compensation laws with employer’s liability limits no less than $1,000,000 per accident or disease. Contracting Party shall procure and maintain Cyber Liability insurance with limits of $1,000,000 per occurrence/loss which shall include the following coverage: a. Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including credit monitoring and regulatory fines arising from such theft, dissemination or use of the confidential information. b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems. c. Liability arising from the failure of technology products (software) required under the contract for Consultant to 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. 135 Exhibit E Page 3 of 6 e. Liability arising from the failure to render professional services. If coverage is maintained on a claims-made basis, Contracting Party shall maintain such coverage for an additional period of three (3) years following termination of the contract. Contracting Party shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased. In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party’s obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. E.2 Remedies. In addition to any other remedies City may have if Contracting Party fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contracting Party to stop work under this Agreement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party demonstrates compliance with the requirements hereof. c. Terminate this Agreement. Exercise 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 136 Exhibit E Page 4 of 6 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 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 137 Exhibit E Page 5 of 6 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 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 138 Exhibit E Page 6 of 6 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. 139 Exhibit F Page 1 of 2 Exhibit F Indemnification F.1 Indemnity for the Benefit of City. a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (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, except to the extent such loss or liability if determined by a court or tribunal of competent jurisdiction to be caused in whole or in part by the active negligence or willful misconduct of the City. 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 140 Exhibit F Page 2 of 2 City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contracting Party will be for that entire portion or percentage of liability not attributable to the active negligence of City. d. Indemnification Provision for Design Professionals. 1. Applicability of this Section F.1(d). Notwithstanding Section F.1(a) hereinabove, the following indemnification provision shall apply to a Contracting Party who constitutes a “design professional” as the term is defined in paragraph 3 below. 2. Scope of Indemnification. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses, including, without limitation, incidental and consequential damages, court costs, reimbursement of attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party. 3. Design Professional Defined. As used in this Section F.1(d), the term “design professional” shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Exhibit F, as applicable to the Contracting Party, from each and every subcontractor or any other person or 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. 141 142 City of La Quinta CITY COUNCIL MEETING: March 4, 2025 STAFF REPORT AGENDA TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR PRINCIPAL MANAGEMENT ANALYST TO ATTEND THE GOVERNMENT FINANCE OFFICERS ASSOCIATION LEADERSHIP ACADEMY IN PHOENIX, AZ, MARCH 23-28, 2025 RECOMMENDATION Authorize overnight travel for Principal Management Analyst to attend the Government Finance Officers Association Leadership Academy in Phoenix, Arizona, March 23-28, 2025. EXECUTIVE SUMMARY The Government Finance Officers Association (GFOA), represents public finance officials throughout the United States and Canada. GFOA provides its members with advocacy, practical educational opportunities, high-quality professional publications, and the latest information on best practices. The Leadership Academy features a mix of sessions designed to spur individual learning, develop organizational insights, and nurture leadership skills. The Academy will be held at Arizona State University and is offered to selected candidates from a pool of applicants. Participation will earn 30 continuing professional education (CPE) credits. FISCAL IMPACT Estimated expenses are $5,000, which includes tuition, transportation, lodging, and meals. Funds are available in the Finance Department’s Travel and Training budget (Account No. 101-1006-60320). BACKGROUND/ANALYSIS GFOA, founded in 1906, represents public finance officials throughout the United States and Canada. GFOA's mission is to advance excellence in public finance, and they work with public finance professionals from across the United States and Canada to advocate for best practices, advance interests critical to state and local governments, and provide guidance and subject matter expertise across a wide variety of public finance disciplines. CONSENT CALENDAR ITEM NO. 5 143 Sessions at the Leadership Academy are intended to balance the role of the financial professional in state and local government with key trends for the public sector, and will cover technical knowledge and abilities, change management, organizational vision, team leadership, networking, and complex initiatives in challenging executive roles, detailed in the enclosed brochure as Attachment 1. The Principal Management Analyst earned the Certified California Municipal Treasurer designation in 2020 and is required to earn 20 CPE credit hours per year to maintain certification. ALTERNATIVES Council may elect to not authorize this request. Prepared by: Rosemary Hallick, Principal Management Analyst Approved by: Claudia Martinez, Finance Director Attachment: 1. GFOA Leadership Academy brochure 144 ATTACHMENT 1 145 146 147 148 149 150 City of La Quinta CITY COUNCIL MEETING: March 4, 2025 STAFF REPORT AGENDA TITLE: DECLARE MODEL YEAR 2000 INTERNATIONAL WATER TRUCK SURPLUS AND APPROVE DISPOSAL METHOD RECOMMENDATION Declare model year 2000 International water truck surplus and approve disposal method. EXECUTIVE SUMMARY In November 2023, Council approved purchase of a 2,500 gallon water truck, which due to supply constraints has only recently become available. The existing 2000 International water truck in the City’s fleet is beyond its useful life. Westrux International Inc. provided the lowest quote for the new water truck, which included a $12,000 allowance for trade-in of the old truck. FISCAL IMPACT There is no current fiscal impact as the funding for the new truck was previously appropriated and the disposal of the old truck is in the form of trade-in credit. BACKGROUND/ANALYSIS The City’s current water truck is a model year 2000 International with a 2,000-gallon tank capacity and after 23 years has reached the end of its useful life. This is a crucial piece of equipment that is used for dust suppression. The City procured quotes for similar water trucks and received three responses, with Westrux International Inc. offering the lowest pricing after factoring in trade-in value. Staff requests approval to declare the 2000 International water truck as surplus to allow for its final disposal. ALTERNATIVES – Staff does not recommend an alternative. Prepared by: Tony Ulloa, Deputy Director Approved by: Bryan McKinney, Public Works Director/City Engineer Attachment: 1. Council staff report dated November 7, 2023, approving the purchase of a new water truck from Westrux Int’l., Inc., which includes the price quote CONSENT CALENDAR ITEM NO. 6 151 City of La Quinta CITY COUNCIL MEETING: November 7, 2023 STAFF REPORT AGENDA TITLE: APPROVE PURCHASE OF A 2,500 GALLON WATER TRUCK FROM WESTRUX INTERNATIONAL INC. DEALERSHIP RECOMMENDATION Approve purchase of a 2,500-gallon water truck from Westrux International Inc. and authorize the City Manager to execute the purchase agreement. EXECUTIVE SUMMARY In June 2023, Council approved fiscal year (FY) 2023/24 budget which included $375,000 for equipment replacement. The 2000 International water truck in the City’s fleet is beyond its useful life. Westrux International Inc. provided the lowest quote for a water truck at $126,500. FISCAL IMPACT Funds are available in FY 2023/24 budget in the Machinery & Equipment account no. 501-0000-80100. BACKGROUND/ANALYSIS The City’s current water truck is a model year 2000 International with a 2,000-gallon tank capacity and after 23 years has reached the end of its useful life. This is a crucial piece of equipment that is used for dust suppression. The City procured quotes for similar water trucks and received three quotes as follows: 1) Westrux International Inc. $126,500 (plus trade-in value) 2) Custom Truck One Source $127,091 (no trade-in value) 3) Commerce Truck Equipment Sales, LLC $141,586 (no trade-in value) Staff requests approval to expend $126,500 to purchase a replacement water truck from Westrux as the lowest bidder. CONSENT CALENDAR ITEM NO. 5 35 ATTACHMENT 1 152 ALTERNATIVES Staff does not recommend an alternative. Prepared by: Tony Ulloa, Deputy Director Approved by: Bryan McKinney, Public Works Director/City Engineer Attachment: 1. Westrux International, Inc. quote 36153 HV607 SBA Sales Proposal For: City of La Quinta Presented By: WESTRUX INT'L., INC. 154 Prepared For:Presented By: City of La Quinta Tony Ulloa 78495 Calle Tampico La Quinta, CA 92253-2839 (760)777 - 7052 Reference ID: 33K Water Trk WESTRUX INT'L., INC. Lucas Berry 15555 Valley View Ave. Santa Fe Springs CA 90670 - (562)404-1020 Thank you for the opportunity to provide you with the following quotation on a new International truck. I am sure the following detailed specification will meet your operational requirements, and I look forward to serving your business needs. Model Profile 2025 HV607 SBA (HV607) AXLE CONFIG:4X2 APPLICATION:Water Truck MISSION:Requested GVWR: 33000. Calc. GVWR: 33000. Calc. GCWR: 33000 Calc. Start / Grade Ability: 21.45% / 2.17% @ 55 MPH Calc. Geared Speed: 76.6 MPH DIMENSION:Wheelbase: 165.00, CA: 97.90, Axle to Frame: 65.00 ENGINE, DIESEL:{Cummins B6.7 240} EPA 2024, 240HP @ 2400 RPM, 600 lb-ft Torque @ 1600 RPM, 2600 RPM Governed Speed, 240 Peak HP (Max) TRANSMISSION, AUTOMATIC:{Allison 2500 RDS} 6th Generation Controls, Wide Ratio, 5-Speed with Overdrive, with PTO Provision, Less Retarder, with 33,000-lb GVW and GCW Max, On/Off Highway CLUTCH:Omit Item (Clutch & Control) AXLE, FRONT NON-DRIVING:{Dana Spicer E-1202W} Wide Track, I-Beam Type, 12,000-lb Capacity AXLE, REAR, SINGLE:{Dana Spicer 21060S} Single Reduction, 21,000-lb Capacity, R Wheel Ends Gear Ratio: 5.57 CAB:Conventional, Day Cab TIRE, FRONT:(2) 11R22.5 Load Range G AH37 (HANKOOK), 501 rev/mile, 75 MPH, All-Position TIRE, REAR:(4) 11R22.5 Load Range G HSR 3 (CONTINENTAL), 494 rev/mile, 75 MPH, All-Position SUSPENSION, REAR, SINGLE:23,500-lb Capacity, Vari-Rate Springs, with 4500-lb Capacity Auxiliary Rubber Springs PAINT:Cab schematic 100WL Location 1: 9219, Winter White (Std) Chassis schematic N/A October 18, 2023 2 Proposal: 26486-01 155 Code Description F/R Wt Tot Wt (lbs) (lbs) HV60700 Base Chassis, Model HV607 SBA with 165.00 Wheelbase, 97.90 CA, and 65.00 Axle to Frame. 6136/3644 9780 AXLE CONFIGURATION 1ANA AXLE CONFIGURATION {Navistar} 4x2 -27/-108 -135 Notes : Pricing may change if axle configuration is changed. ENGINE 12EXT ENGINE, DIESEL {Cummins B6.7 240} EPA 2024, 240HP @ 2400 RPM, 600 lb-ft Torque @ 1600 RPM, 2600 RPM Governed Speed, 240 Peak HP (Max) 0/0 0 12VJR EMISSION, CALENDAR YEAR {Cummins B6.7} EPA, OBD and GHG Certified for Calendar Year 2024 0/0 0 12WZX CARB EMISSION WARR COMPLIANCE for Cummins B6.7 Engines 0/0 0 12WZJ CARB IDLE COMPLIANCE Low NOx Idle Engine, Complies with California Clean Air Regulations; Includes "Certified Clean Idle" Decal located on Driver Door 0/0 0 12WVG EPA IDLE COMPLIANCE Low NOx Idle Engine, Complies with EPA Clean Air Regulations; Includes "Certified Clean Idle" Decal on Hood 0/0 0 10UAC VEHICLE REGISTRATION IDENTITY ID for the State of California 0/0 0 12UYE RADIATOR Aluminum, 2-Row, Cross Flow, Over Under System, 717 SqIn Louvered, with 313 SqIn Charge Air Cooler, Includes In-Tank Oil Cooler -80/-1 -81 Includes : DEAERATION SYSTEM with Surge Tank : HOSE CLAMPS, RADIATOR HOSES Gates Shrink Band Type; Thermoplastic Coolant Hose Clamps : RADIATOR HOSES Premium, Rubber 12THT FAN DRIVE {Horton Drivemaster} Two-Speed Type, Direct Drive, with Residual Torque Device for Disengaged Fan Speed 0/0 0 Includes : FAN Nylon 12VBR AIR CLEANER with Service Protection Element 10/0 10 12703 ANTI-FREEZE Red, Extended Life Coolant; To -40 Degrees F/ -40 Degrees C, Freeze Protection 0/0 0 12VYP ENGINE CONTROL, REMOTE MOUNTED No Provision for Remote Mounted Engine Control 0/0 0 12VXT THROTTLE, HAND CONTROL Engine Speed Control; Electronic, Stationary, Variable Speed; Mounted on Steering Wheel 0/0 0 TRANSMISSION 13BBJ TRANSMISSION, AUTOMATIC {Allison 2500 RDS} 6th Generation Controls, Wide Ratio, 5-Speed with Overdrive, with PTO Provision, Less Retarder, with 33,000-lb GVW and GCW Max, On/Off Highway 0/0 0 Vehicle Specifications October 18, 2023 2025 HV607 SBA (HV607) 3 Proposal: 26486-01 156 Code Description F/R Wt Tot Wt (lbs) (lbs) 13WVV NEUTRAL AT STOP Allison Transmission Shifts to Neutral When Service Brake is Depressed and Vehicle is at Stop; Remains in Neutral Until Service Brake is Released 0/0 0 13XAL PTO LOCATION Customer Intends to Install PTO at Left Side of Transmission 0/0 0 13WYY SHIFT CONTROL PARAMETERS {Allison} 1000 or 2000 Series Transmissions, Performance Programming 0/0 0 13WLN TRANSMISSION OIL Synthetic; 20 thru 28 Pints 0/0 0 13WVS TRANSMISSION SHIFT CONTROL T-Handle 0/0 0 CLUTCH 11001 CLUTCH Omit Item (Clutch & Control)0/0 0 REAR AXLES, SUSPENSIONS 14AWD AXLE, REAR, SINGLE {Dana Spicer 21060S} Single Reduction, 21,000-lb Capacity, R Wheel Ends . Gear Ratio: 5.57 0/38 38 14VAH SUSPENSION, REAR, SINGLE 23,500-lb Capacity, Vari-Rate Springs, with 4500- lb Capacity Auxiliary Rubber Springs 0/62 62 14WMN AXLE, REAR, LUBE {EmGard FE-75W-90} Synthetic Oil; 1 thru 29.99 Pints 0/0 0 FRONT AXLES 2AGE AXLE, FRONT NON-DRIVING {Dana Spicer E-1202W} Wide Track, I-Beam Type, 12,000-lb Capacity -9/0 -9 FRONT SUSPENSIONS 3ADC SUSPENSION, FRONT, SPRING Parabolic Taper Leaf, Shackle Type, 12,000-lb Capacity, with Shock Absorbers 0/0 0 CABS, COWLS, BODIES 16030 CAB Conventional, Day Cab 0/0 0 16ZBT ACCESS, CAB Steel, Driver & Passenger Sides, Two Steps per Door, for use with Day Cab and Extended Cab 0/0 0 16BAM AIR CONDITIONER with Integral Heater and Defroster 0/0 0 16WBY ARM REST, RIGHT, DRIVER SEAT 3/0 3 16VKB CAB INTERIOR TRIM Classic, for Day Cab 0/0 0 Includes : CONSOLE, OVERHEAD Molded Plastic with Dual Storage Pockets, Retainer Nets and CB Radio Pocket; Located Above Driver and Passenger : DOME LIGHT, CAB Door Activated and Push On-Off at Light Lens, Timed Theater Dimming, Integral to Overhead Console, Center Mounted : SUN VISOR (2) Padded Vinyl; 2 Moveable (Front-to-Side) Primary Visors, Driver Side with Toll Ticket Strap 16WSK CAB REAR SUSPENSION Air Bag Type 0/0 0 Vehicle Specifications October 18, 2023 2025 HV607 SBA (HV607) 4 Proposal: 26486-01 157 Code Description F/R Wt Tot Wt (lbs) (lbs) 16WLS FRESH AIR FILTER Attached to Air Intake Cover on Cowl Tray in Front of Windshield Under Hood 0/0 0 16GED GAUGE CLUSTER Base Level; English with English Electronic Speedometer 0/0 0 Includes : GAUGE CLUSTER DISPLAY: Base Level (3" Monochromatic Display), Premium Level (5" LCD Color Display); Odometer, Voltmeter, Diagnostic Messages, Gear Indicator, Trip Odometer, Total Engine Hours, Trip Hours, MPG, Distance to Empty/ Refill for : GAUGE CLUSTER Speedometer, Tachometer, Engine Coolant Temp, Fuel Gauge, DEF Gauge, Oil Pressure Gauge, Primary and Secondary Air Pressure : WARNING SYSTEM Low Fuel, Low DEF, Low Oil Pressure, High Engine Coolant Temp, Low Battery Voltage (Visual and Audible), Low Air Pressure (Primary and Secondary) 16XJN INSTRUMENT PANEL Flat Panel 0/0 0 16HKT IP CLUSTER DISPLAY On Board Diagnostics Display of Fault Codes in Gauge Cluster 0/0 0 16SNT MIRRORS (2) Aero Pedestal, Power Adjust, Heated, Turn Signals, Black Heads and Arms, 6.5" x 14" Flat Glass, Includes 6.5" x 6" Convex Mirrors, for 102" Load Width 0/0 0 Notes : Mirror Dimensions are Rounded to the Nearest 0.5" 16VLV MONITOR, TIRE PRESSURE Omit -10/-1 -11 16JNT SEAT, DRIVER {National 2000} Air Suspension, High Back with Integral Headrest, Vinyl, Isolator, 1 Chamber Lumbar, with 2 Position Front Cushion Adjust, -3 to +14 Degree Angle Back Adjust 0/0 0 16SMN SEAT, PASSENGER {National} Non Suspension, High Back, Fixed Back, Integral Headrest, Vinyl 15/8 23 16XWD SUNSHADE, EXTERIOR Aerodynamic, Painted Roof Color, with Integral Clearance/Marker Lights 14/3 17 16WJU WINDOW, POWER (2) and Power Door Locks, Left and Right Doors, Includes Express Down Feature 0/0 0 FRAMES 1CAG FRAME RAILS Heat Treated Alloy Steel (120,000 PSI Yield); 10.250" x 3.610" x 0.375" (260.4mm x 91.7mm x 9.5mm); 456.0" (11582mm) Maximum OAL 55/243 298 1LNG BUMPER, FRONT Contoured, Steel, Painted Gloss Black -17/3 -14 1MEJ FRAME DIMPLE Dimple on Left and Right Top Flange of Frame Rail to Reference Rear Axle Centerline 0/0 0 1570 TOW HOOK, FRONT (2) Frame Mounted 8/0 8 1WGR WHEELBASE RANGE 138" (350cm) Through and Including 187" (475cm)74/-74 0 BRAKES 4091 BRAKE SYSTEM, AIR Dual System for Straight Truck Applications 0/0 0 Includes : BRAKE LINES Color and Size Coded Nylon Vehicle Specifications October 18, 2023 2025 HV607 SBA (HV607) 5 Proposal: 26486-01 158 Code Description F/R Wt Tot Wt (lbs) (lbs) : DRAIN VALVE Twist-Type : GAUGE, AIR PRESSURE (2) Air 1 and Air 2 Gauges; Located in Instrument Cluster : PARKING BRAKE CONTROL Yellow Knob, Located on Instrument Panel : PARKING BRAKE VALVE For Truck : QUICK RELEASE VALVE On Rear Axle for Spring Brake Release: 1 for 4x2, 2 for 6x4 : SPRING BRAKE MODULATOR VALVE R-7 for 4x2, SR-7 with relay valve for 6x4/8x6 4AZA AIR BRAKE ABS {Bendix AntiLock Brake System} 4-Channel (4 Sensor/4 Modulator) Full Vehicle Wheel Control System 0/0 0 4GBM BRAKE, PARKING Manual Push-Pull Pneumatic Parking Brake 1/0 1 4XDC BRAKES, FRONT {Meritor 15X4 Q-PLUS CAST} Air S-Cam Type, Cast Spider, Fabricated Shoe, Double Anchor Pin, Size 15" X 4", 13,200-lb Capacity -70/0 -70 4EXP BRAKE CHAMBERS, FRONT AXLE {Bendix} 20 SqIn 2/0 2 4LAG SLACK ADJUSTERS, FRONT {Gunite} Automatic 14/0 14 4WBX DUST SHIELDS, FRONT BRAKE for Air Cam Brakes 10/0 10 4XDR BRAKES, REAR {Meritor 16.5X7 Q-PLUS CAST} Air S-Cam Type, Cast Spider, Fabricated Shoe, Double Anchor Pin, Size 16.5" X 7", 23,000-lb Capacity per Axle 0/52 52 4EXU BRAKE CHAMBERS, REAR AXLE {Bendix EverSure} 30/30 SqIn Spring Brake 0/7 7 4LGG SLACK ADJUSTERS, REAR {Gunite} Automatic 0/14 14 4WDM DUST SHIELDS, REAR BRAKE for Air Cam Brakes 0/10 10 4SPA AIR COMPRESSOR {Cummins} 18.7 CFM 0/0 0 4EBS AIR DRYER {Bendix AD-9} with Heater 17/11 28 4VKC AIR DRYER LOCATION Mounted Inside Left Rail, Back of Cab 13/8 21 4VKJ AIR TANK LOCATION (2) Mounted Under Battery Box, Outside Left Rail, Back of Cab, Perpendicular to Rail -20/27 7 4732 DRAIN VALVE {Berg} with Pull Chain, for Air Tank 0/0 0 STEERING 5PSA STEERING GEAR {Sheppard M100} Power 0/0 0 5710 STEERING COLUMN Tilting and Telescoping 17/2 19 5CAW STEERING WHEEL 4-Spoke; 18" Dia., Black 0/0 0 DRIVELINES 6DGA DRIVELINE SYSTEM {Dana Spicer} SPL100, for 4x2/6x2 0/0 0 EXHAUST SYSTEMS 7BME EXHAUST SYSTEM Horizontal Aftertreatment System, Frame Mounted Under Right Rail Back of Cab, Includes Single Short Horizontal Tail Pipe 0/0 0 7SCP ENGINE EXHAUST BRAKE for Cummins ISB/B6.7/ISL/L9 Engine with Variable Vane Turbo Charger 0/0 0 Vehicle Specifications October 18, 2023 2025 HV607 SBA (HV607) 6 Proposal: 26486-01 159 Code Description F/R Wt Tot Wt (lbs) (lbs) ELECTRICAL SYSTEMS 8000 ELECTRICAL SYSTEM 12-Volt, Standard Equipment 0/0 0 Includes : DATA LINK CONNECTOR For Vehicle Programming and Diagnostics In Cab : HAZARD SWITCH Push On/Push Off, Located on Instrument Panel to Right of Steering Wheel : HEADLIGHT DIMMER SWITCH Integral with Turn Signal Lever : PARKING LIGHT Integral with Front Turn Signal and Rear Tail Light : STARTER SWITCH Electric, Key Operated : STOP, TURN, TAIL & B/U LIGHTS Dual, Rear, Combination with Reflector : TURN SIGNAL SWITCH Self-Cancelling for Trucks, Manual Cancelling for Tractors, with Lane Change Feature : WINDSHIELD WIPER SWITCH 2-Speed with Wash and Intermittent Feature (5 Pre-Set Delays), Integral with Turn Signal Lever : WINDSHIELD WIPERS Single Motor, Electric, Cowl Mounted : WIRING, CHASSIS Color Coded and Continuously Numbered 8GHP ALTERNATOR {Delco Remy 28SI} Brush Type, 12 Volt, 160 Amp Capacity, Pad Mount, with Remote Sense -2/0 -2 8RPR ANTENNA for Increased Roof Clearance Applications 1/0 1 8THB BACK-UP ALARM Electric, 102 dBA 0/3 3 8VUL BATTERY BOX Steel, with Plastic Cover, 18" Wide, 2-4 Battery Capacity, Mounted Left Side Back of Cab -36/13 -23 8MJT BATTERY SYSTEM {Fleetrite} Maintenance-Free, (2) 12-Volt 1900CCA Total, Top Threaded Stud 7/7 14 8HAE BODY BUILDER WIRING Rear of Frame; Includes Sealed Connectors for Tail/ Amber Turn/Marker/ Backup/Accessory Power/Ground and Sealed Connector for Stop/Turn 0/3 3 8XAH CIRCUIT BREAKERS Manual-Reset (Main Panel) SAE Type III with Trip Indicators, Replaces All Fuses 0/0 0 8WPH CLEARANCE/MARKER LIGHTS (5) {Truck Lite} Amber LED Lights, Flush Mounted on Cab or Sunshade 0/0 0 8XLG FUSES, ELECTRICAL (7) Spare Fuses with a Variety of Ratings, Stored in a Module Located Near the Fuse Block, in the Main Fuse Panel Area 0/0 0 8XKC HEADLIGHTS Halogen, with Daytime Running Lights, Automatic Twilight Controlled 0/0 0 8XHN HORN, AIR Single Trumpet, Black, with Lanyard Pull Cord 3/0 3 8541 HORN, ELECTRIC (2) Disc Style 1/0 1 8WWJ INDICATOR, LOW COOLANT LEVEL with Audible Alarm 0/0 0 8RPS RADIO AM/FM/WB/Clock/Bluetooth/USB Input/Auxiliary Input 3/0 3 8RMZ SPEAKERS (2) 6.5" Dual Cone Mounted in Both Doors, (2) 5.25" Dual Cone Mounted in Both B-Pillars 5/3 8 8WTK STARTING MOTOR {Delco Remy 38MT Type 300} 12 Volt, Less Thermal Over- Crank Protection 8/0 8 8XGT TURN SIGNALS, FRONT Includes LED Side Turn Lights Mounted on Fender 0/0 0 Vehicle Specifications October 18, 2023 2025 HV607 SBA (HV607) 7 Proposal: 26486-01 160 Code Description F/R Wt Tot Wt (lbs) (lbs) FRONT END 9WBM FRONT END Tilting, Fiberglass, with Three Piece Construction, Sloped Front -64/-6 -70 9593 FENDER EXTENSIONS Omit 0/0 0 9HAD GRILLE Chrome 0/0 0 9AAB LOGOS EXTERIOR Model Badges 0/0 0 9AAE LOGOS EXTERIOR, ENGINE Badges 0/0 0 SPEEDOMETER, TOOLS, MISC 10AGB COMMUNICATIONS MODULE Telematics Device with Over the Air Programming; Includes Five Year Data Plan and International 360 1/0 1 10BAE LABEL, DEF "DEF ONLY"0/0 0 10060 PAINT SCHEMATIC, PT-1 Single Color, Design 100 0/0 0 Includes : PAINT SCHEMATIC ID LETTERS "WL" 10761 PAINT TYPE Base Coat/Clear Coat, 1-2 Tone 0/0 0 FUEL TANKS 15SGJ FUEL TANK Top Draw, Non-Polished Aluminum, D-Style, 16" Tank Depth, 50 US Gal (189L), Mounted Left Side, Under Cab 23/3 26 15WDG DEF TANK 7 US Gal (26L) Capacity, Frame Mounted Outside Left Rail, Under Cab 0/0 0 15902 FUEL TANK CAP Locking Type 1/0 1 15LMS FUEL/WATER SEPARATOR 12 VDC Electric Heater, Includes Pre-Heater, Includes Water-in-Fuel Sensor, Cummins Supplied on Engine 1/-1 0 WHEELS, TIRES - FRONT 27DTT WHEELS, FRONT {Accuride 28828} DISC; 22.5x8.25 Rims, Powder Coat Steel, 2-Hand Hole, 10-Stud, 285.75mm BC, Hub-Piloted, Flanged Nut, with .472" Thick Increased Capacity Disc and with Steel Hubs 14/0 14 7372135809 (2) TIRE, FRONT 11R22.5 Load Range G AH37 (HANKOOK), 501 rev/mile, 75 MPH, All-Position -18/0 -18 WHEELS, TIRES - REAR 28DUK WHEELS, REAR {Accuride 29169} DUAL DISC; 22.5x8.25 Rims, Powder Coat Steel, 5-Hand Hole, 10-Stud, 285.75mm BC, Hub-Piloted, Flanged Nut, with .472" Thick Increased Capacity Disc and Steel Hubs 0/24 24 7372135439 (4) TIRE, REAR 11R22.5 Load Range G HSR 3 (CONTINENTAL), 494 rev/mile, 75 MPH, All-Position 0/0 0 WHEELS MISC OPTIONS 29ACD TIRE VALVE CAP Flo-Thru Design 0/0 0 29WLK WHEEL BEARING, FRONT, LUBE {EmGard FE-75W-90} Synthetic Oil 0/0 0 Vehicle Specifications October 18, 2023 2025 HV607 SBA (HV607) 8 Proposal: 26486-01 161 Code Description F/R Wt Tot Wt (lbs) (lbs) Services Section: WARRANTY 40128 WARRANTY Standard for HV507, HV50B, HV607 Models, Effective with Vehicles Built July 1, 2017 or Later, CTS-2025A 0/0 0 40NSG CARB COMPANION PLAN {Navistar} for CARB B6.7 and L9 Engines 0/0 0 Total Component Weight:6104/3997 10101 (lbs) (lbs) 1 T&B 2500 Gal Tank 0/0 0 Total Body Allied:0/0 0 (lbs) (lbs) The weight calculations included in this proposal are an estimate of future vehicle weight. The actual weight as manufactured may be different from the estimated weight. Navistar, Inc. shall not be liable for any consequences resulting from any differences between the estimated weight of a vehicle and the actual weight. Vehicle Specifications October 18, 2023 2025 HV607 SBA (HV607) 9 Proposal: 26486-01 162 163 Wednesday, October 18, 2023 TERMS AND CONDITIONS 1. Definitions: as used in this CONTRACT, except provisions relating to the trade in vehicle, "YOU or "YOUR means company and/or buyer and co-buyer. "I", "ME", or "MY" means the seller or dealer. "VEHICLE" means the car, truck, or other VEHICLE described on the first page of this CONTRACT including all the options listed. "Manufacturer" means the company which makes the VEHICLE. "Trade-In" means the car, truck, motorcycle or other vehicle which YOU trade to ME in a partial payment for the vehicle. 2. Purpose: By signing the CONTRACT, YOU agree to buy the VEHICLE from ME. By accepting this CONTRACT, I agree to deliver the VEHICLE to YOU if the VEHICLE is in MY inventory. If the VEHICLE is not in MY inventory, I agree to order the VEHICLE from the manufacturer, and after receiving the VEHICLE from the manufacturer, to deliver the VEHICLE to YOU 3. Price Changes by the Manufacturer: The VEHICLE price stated on the first page of this CONTRACT is based on the current prices the manufacturer charges ME. At any time before I receive the VEHICLE from the manufacturer, the manufacturer has the right to raise the price it charges to ME. If the manufacturer does raise the price, I may raise the price to YOU by the same amount. If I do raise MY price, You may cancel the CONTRACT and get back any down payment YOU have made. If I have not already sold the Trade-In (See paragraph 4), YOU may have the Trade-In back by paying ME the reasonable cost of storage and any repair work or reconditioning I may have done. 4. Trade-In: If you are using a Trade-In to partially pay for the VEHICLE, You may deliver the Trade-In to ME either when YOU sign the CONTRACT or when the VEHICLE is ready for YOU to pick up. If YOU do not deliver the Trade-In to ME when YOU sign this CONTRACT, You agree that at the time YOU deliver the Trade-In and lower the allowance stated on the first page of this CONTRACT. If I do lower the allowance, YOU may cancel this CONTRACT and get back your cash down payment. If YOU deliver the Trade-In when YOU sign this CONTRACT, I may sell the Trade-In at any time and at any price I think proper. If this CONTRACT is cancelled and I have already sold the Trade-In, I will pay YOU the price I received for the Trade-In minus 15% commission, minus any money I spent repairing, storing, insuring or advertising the Trade-In, unless otherwise required by law. 5. Trade-In -- YOUR Responsibilities: At the time YOU deliver the Trade-In to ME, YOU guarantee that YOU own the Trade-in free and clear and agree to furnish proper proof of ownership, including the Certificate of Title or other evidence of ownership. If any outstanding security interests are attached to the Trade -In vehicle, YOU are obligated to satisfy the debt secured and to obtain a release of all liens. If I arrange payment of the debt, and the total amount is greater than the amount shown on the CONTRACT as the balance owing to lien holder, YOU agree to pay the difference to ME in cash immediately upon notice of the deficiency. If the debt is less than the amount shown, I will refund the surplus to YOU. 6. Design Changes by the Manufacturer: The manufacturer has the right to change the design of the VEHICLE, its chassis, its parts or accessories at any time without notice to YOU or to ME. In the event of any change in design, I have no duty to YOU except to deliver the VEHICLE as made by the manufacturer. 7. Delays in Delivery: I am not responsible for delays caused by the manufacturer, or by accidents, fires, or other causes beyond MY control. I do not control the manufacturer and am not part of the manufacturer and do not work for the manufacturer. 8. Taxes: The price of the VEHICLE does not include Federal Taxes, State Sales or Excise Taxes or any other tax or government fee. YOU must pay ME the proper amount of any tax or governmental fee which applies to this sale. 9. New VEHICLE Disclaimer of Warranties: If YOU are buying a new VEHICLE, the VEHICLE will come with the manufacturer's warranty which is a promise from the manufacturer directly to YOU. Unless otherwise agreed in a separate document (see Paragraph 12 below), I expressly disclaim all warranties, express or implied, including any implied warranty of merchantability or fitness for a particular purpose. I sell the VEHICLE "AS IS" and make no guarantees of any kind about the Vehicle's quality of performance. YOU have complete responsibility and all the risk for any problems with the VEHICLE. 10. Used VEHICLE Disclaimer of Warranties: Except as may be provided in the Buyer's Guide Window Form and a separate warranty document (see Paragraph 12 below) if YOU are purchasing a used VEHICLE, I expressly disclaim all warranties, express or implied, including any implied warranty or merchantability of fitness for a particular purpose. I sell the VEHICLE "AS IS" and make no guarantees of any kind about the Vehicle's quality or performance. You have complete responsibility and all the risk for any problems with the VEHICLE. I do not guarantee that the VEHICLE will pass an exhaust emissions inspection. 11. Dealer Warranty or Service Contract: If I give a warranty on a used VEHICLE or YOU purchase an extended service contract on a new or used VEHICLE, I may not disclaim implied warranties of merchantability or fitness for a particular purpose. The pages of this CONTRACT comprise the entire CONTRACT affecting this purchase. The DEALER will not recognize any verbal agreement, or any other agreement or understanding of any nature. You certify that no credit has been extended by dealer for the purchase of this motor VEHICLE. You certify that you are 18 years of age or older, and acknowledge receiving a copy of 164 this contract. The terms of this CONTRACT were agreed upon and the CONTRACT signed in the dealership on the date noted at top of this form. If DEALER is arranging credit for YOU, this CONTRACT is not valid until a credit disclosure is made as described in Regulation Z and you have accepted the credit extended. NOTICE OF SALESPERSON'S LIMITED AUTHORITY. This contract is not valid unless signed and accepted by Sales Manager or Officer of Dealership. Accepted: __________________________________ X ___________________________________ Westrux Signature Accepting Terms of Contract Buyer's Signature Accepting Terms of Contract DEALER'S DISCLAIMER OR WARRANTY The Dealer expressly disclaims all warranties, either expressed or implied on the vehicle sold, except any warranties offered and explained in Paragraphs 9 through 11 listed within this contract. Buyer acknowledges having read and understood the provisions within this contract. Buyer's Signature: X ________________________________________________ Buyer hereby acknowledges receipt of all necessary title documents from said dealer, and covenants to submit this paperwork to the state DMV or title agency within ten days from the date of invoice. Buyer Signature: X _________________________________ 165 166 City of La Quinta CITY COUNCIL MEETING: March 4, 2025 STAFF REPORT AGENDA TITLE: APPROVE DEMAND REGISTERS DATED FEBRUARY 14 AND 21, 2025 RECOMMENDATION Approve demand registers dated February 14 and 21, 2025. EXECUTIVE SUMMARY – None FISCAL IMPACT Demand of Cash: City 3,868,443.74$ Successor Agency of RDA -$ Housing Authority 16,665.87$ 3,885,109.61$ BACKGROUND/ANALYSIS Routine bills and payroll must be paid between Council meetings. Attachment 1 details the weekly demand registers for February 14 and 21, 2025. Warrants Issued: 216090-216155 373,671.92$ EFT 190 779.55$ 216156-216206 1,230,080.69$ EFT 191 1,575.67$ EFT 192 12,358.43$ Wire Transfers 1,992,306.71$ Payroll Tax Transfers 12,745.60$ Payroll Direct Deposit 261,591.04$ 3,885,109.61$ . CONSENT CALENDAR ITEM NO. 7 167 Vendor Account Name Amount Purpose Ortiz Enterprises, Inc.Construction $856,753.29 Dune Palms Bridge Progress Payment Visit Greater Palm Springs TBID Due to VGPS $100,396.29 Q2 FY 24/25 STVR TBID Collections Find Food Bank, Inc.Grants & Economic Development/Marketing $60,000.00 Food Delivery & Distribution Services for LQ Communities American Business Bank Retention Payable $45,092.98 Dune Palms Bridge Retention Payment Visual Edge IT, Inc.Consultants $42,092.92 IT Services Wire Transfers: Eighteen transfers totaled $1,992,307. Of this amount, $1,630,645 was to U.S Bank Trust for successor agency bond debt service payment and $218,584 was to Landmark (See Attachment 2 for a complete listing). Investment Transactions: Full details of investment transactions, as well as total holdings, are reported quarterly in the Treasurer’s Report. Prepared by: Jesse Batres, Finance Technician Approved by: Rosemary Hallick, Principal Management Analyst Attachments: 1. Demand Registers 2. Wire Transfers Transaction Issuer Type Par Value Settle Date Coupon Rate YTM Maturity First Bank of Michigan CD 248,000 2/14/2025 1.650% 1.650% Maturity Freedom Financial Bank CD 248,000 2/14/2025 1.650% 1.650% Maturity American State Bank CD 248,000 2/21/2025 1.600% 1.600% 168 2/24/2025 4:58:24 PM Page 1 of 8 Demand Register City of La Quinta Packet: APPKT04075 - 02/14/2025 JB AmountVendor Name Payment Number Description (Item)Account Name Account Number Fund: 101 - GENERAL FUND 90.00Recruiting/Pre-Employment01/2025 - FINGERPRINTING SCANNING216090111 NOTARY SERVICES 101-1004-60129 474.75Materials/SuppliesTILE FOR WC ENTRY216095BMO FINANCIAL GROUP 101-3008-60431 501.79Materials/SuppliesBATTERIES FOR COVE RESTROOM216095BMO FINANCIAL GROUP 101-3008-60431 74.48Recruiting/Pre-EmploymentTEMP ADMIN TECH INTERVIEW PANEL …216095BMO FINANCIAL GROUP 101-1004-60129 23.23Recruiting/Pre-EmploymentPOSTAGE216095BMO FINANCIAL GROUP 101-1004-60129 73.20Recruiting/Pre-EmploymentPERMIT TECH INTERVIEW PANEL LUNCH216095BMO FINANCIAL GROUP 101-1004-60129 264.00Membership DuesSHRM MEMBERSHIP216095BMO FINANCIAL GROUP 101-1004-60351 275.00Membership DuesWORLD AT WORK MEMBERSHIP RENE…216095BMO FINANCIAL GROUP 101-1004-60351 395.00Subscriptions & PublicationsWORLD AT WORK SUBSCRIPTION216095BMO FINANCIAL GROUP 101-1004-60352 248.00Travel & Training2/20/25 PROJECT MANAGEMENT ADMI…216095BMO FINANCIAL GROUP 101-7001-60320 99.74Travel & Training02/3/25 - APWA LUNCHEON216095BMO FINANCIAL GROUP 101-7001-60320 55.20Travel & Training02/3/25 - APWA LUNCHEON216095BMO FINANCIAL GROUP 101-7003-60320 150.00Travel & Training1/11-1/12/25 ACIA VIRTUAL SYMPOSIU…216095BMO FINANCIAL GROUP 101-7006-60320 402.00Travel & Training03/14/25 - TRAFFIC SIGNAL MAINTENA…216095BMO FINANCIAL GROUP 101-7006-60320 35.70Travel & Training01/06/25 - APWA LUNCHEON216095BMO FINANCIAL GROUP 101-7006-60320 99.74Travel & Training02/3/25 - APWA LUNCHEON216095BMO FINANCIAL GROUP 101-7006-60320 -280.51Subscriptions & PublicationsRETURN ANNUAL LABOR LAW POSTERS216095BMO FINANCIAL GROUP 101-1004-60352 61.44Community ExperiencesDESSERT FOR LUNCHEON216095BMO FINANCIAL GROUP 101-3003-60149 1,050.00Community ExperiencesPHOTO BACKDROP & EASTER BUNNY C…216095BMO FINANCIAL GROUP 101-3003-60149 416.25Community Experiences216095BMO FINANCIAL GROUP 101-3003-60149 5.00Operating Supplies216095BMO FINANCIAL GROUP 101-3003-60420 33.33Travel & Training CATERING FOR WC LUNCHEON DRONE REGISTRATION RENEWAL COUNCIL MEETING BEVERAGES216095BMO FINANCIAL GROUP 101-1001-60320 81.53Travel & Training01/21/25 - FOOD FOR CITY COUNCIL ST…216095BMO FINANCIAL GROUP 101-1004-60320 36.62Office SuppliesMINTS216095BMO FINANCIAL GROUP 101-1005-60400 15.64Office SuppliesAV CABLE FOR LIBERTY216095BMO FINANCIAL GROUP 101-1005-60400 293.59Operating SuppliesTWO OFFICE CHAIRS216095BMO FINANCIAL GROUP 101-1005-60420 14.75Office SuppliesWALL CALENDAR216095BMO FINANCIAL GROUP 101-1006-60400 15.93Office SuppliesDESK CALENDAR216095BMO FINANCIAL GROUP 101-1006-60400 42.76Office SuppliesOFFICE SUPPLIES216095BMO FINANCIAL GROUP 101-1006-60400 32.99Citywide SuppliesCOFFEE SUPPLIES FOR BREAKROOM216095BMO FINANCIAL GROUP 101-1007-60403 22.63Citywide SuppliesBREAKROOM COFFEE SUPPLIES216095BMO FINANCIAL GROUP 101-1007-60403 127.51Citywide SuppliesCOFFEE SUPPLIES FOR LOBBY MACHINE216095BMO FINANCIAL GROUP 101-1007-60403 56.50Citywide SuppliesBREAKROOM COFFEE SUPPLIES216095BMO FINANCIAL GROUP 101-1007-60403 39.99LQ Police VolunteersCOFFEE CUPS216095BMO FINANCIAL GROUP 101-2001-60109 379.47LQ Police VolunteersLUNCH FOR AMEX EVENT216095BMO FINANCIAL GROUP 101-2001-60109 449.18LQ Police VolunteersLUNCH FOR AMEX EVENT216095BMO FINANCIAL GROUP 101-2001-60109 153.64LQ Police VolunteersPOLICE LUNCHEON216095BMO FINANCIAL GROUP 101-2001-60109 40.17LQ Police VolunteersNEIGHBORHOOD WATCH MEETING SNA…216095BMO FINANCIAL GROUP 101-2001-60109 1,831.48Travel & TrainingEMERGENCY MANAGEMENT TRAINING216095BMO FINANCIAL GROUP 101-2002-60320 309.64Disaster Prep SuppliesWC EMERGENCY RADIOS216095BMO FINANCIAL GROUP 101-2002-60406 886.05Disaster Prep SuppliesSTORAGE CABINETS FOR EOC216095BMO FINANCIAL GROUP 101-2002-60406 55.44Operating SuppliesOFFICE SUPPLIES216095BMO FINANCIAL GROUP 101-3002-60420 173.50Operating SuppliesLOCKER PRONG COAT HOOKS216095BMO FINANCIAL GROUP 101-3002-60420 25.99Operating SuppliesOFFICE EQUIPMENT PROTECTION PLAN216095BMO FINANCIAL GROUP 101-3002-60420 32.07Operating SuppliesWC GYM EQUIPMENT216095BMO FINANCIAL GROUP 101-3002-60420 1,342.22Community ExperiencesEASTER EGG HUNT SUPPLIES216095BMO FINANCIAL GROUP 101-3003-60149 384.00Community ExperiencesEASTER EGG HUNT SUPPLIES216095BMO FINANCIAL GROUP 101-3003-60149 309.64Community ExperiencesWC EMERGENCY RADIOS216095BMO FINANCIAL GROUP 101-3003-60149 46.70Community ExperiencesITEMS FOR EASTER EGG EVENT216095BMO FINANCIAL GROUP 101-3003-60149 97.80Community ExperiencesEASTER EGG HUNT SUPPLIES216095BMO FINANCIAL GROUP 101-3003-60149 1,670.30Community ExperiencesEASTER EGG HUNT SUPPLIES216095BMO FINANCIAL GROUP 101-3003-60149 25.95Membership Dues02/2025 APPLE MUSIC/STORAGE SUBSC…216095BMO FINANCIAL GROUP 101-3007-60351 219.00Membership Dues01/2025 - MAILCHIMP216095BMO FINANCIAL GROUP 101-3007-60351 ATTACHMENT 1 169 Demand Register Packet: APPKT04075 - 02/14/2025 JB 2/24/2025 4:58:24 PM Page 2 of 8 AmountVendor Name Payment Number Description (Item)Account Name Account Number 103.26Safety GearFY 24/25 SAFETY BOOTS A.BERUMEN216095BMO FINANCIAL GROUP 101-3008-60427 381.84Materials/SuppliesRESERVED PARKING SIGNS216095BMO FINANCIAL GROUP 101-3008-60431 21.07Office SuppliesPLANNING BOOK216095BMO FINANCIAL GROUP 101-6001-60400 43.13Office SuppliesSOP FOLDER LABELS216095BMO FINANCIAL GROUP 101-6001-60400 350.71Operating SuppliesSTANDING DESK CONVERTER B.JIMENEZ216095BMO FINANCIAL GROUP 101-6006-60420 -350.71Operating SuppliesRETURN STANDING DESK CONVERTER B.…216095BMO FINANCIAL GROUP 101-6006-60420 103.80Office SuppliesPLANNING BOOK216095BMO FINANCIAL GROUP 101-6001-60400 450.00Travel & TrainingPW SPECIALIST CERT PROGRAM216095BMO FINANCIAL GROUP 101-7003-60320 300.00Travel & TrainingPW SPECIALIST CERT PROGRAM216095BMO FINANCIAL GROUP 101-7003-60320 150.00Travel & TrainingPW NPDES COURSE D.EASTLICK216095BMO FINANCIAL GROUP 101-7003-60320 150.00Travel & TrainingPW CONTRACT ADMIN COURSE D.EASTL…216095BMO FINANCIAL GROUP 101-7003-60320 92.70Membership DuesMSA LA & ORANGE AREA CHAPTER ME…216095BMO FINANCIAL GROUP 101-7003-60351 90.00Membership DuesMSA IE CHAPTER MEMBERSHIP216095BMO FINANCIAL GROUP 101-7003-60351 113.00Promotional ItemsPROMO ITEMS216095BMO FINANCIAL GROUP 101-3007-60134 21.30Community Engagement216095BMO FINANCIAL GROUP 101-3007-60137 100.92Community Engagement216095BMO FINANCIAL GROUP 101-3007-60137 159.00Travel & Training SUPPLIES FOR COMMUNITY WORKSHOP SNACKS FOR COMMUNITY WORKSHOP DRONE TRAINING L.REYES216095BMO FINANCIAL GROUP 101-3007-60320 1,695.00Travel & TrainingE-TOURISM CONFERENCE M.GRAHAM216095BMO FINANCIAL GROUP 101-3007-60320 232.26LQ Police VolunteersSNACKS FOR AMEX EVENT216095BMO FINANCIAL GROUP 101-2001-60109 217.49Operating SuppliesOFFICE CHAIR FOR B.JIMENEZ216095BMO FINANCIAL GROUP 101-6006-60420 60.00Travel & Training01/2025 LEAGUE MEETING S.SANCHEZ216095BMO FINANCIAL GROUP 101-1001-60320 25.00Travel & TrainingCHAMBER SOCIAL EVENT S.SANCHEZ216095BMO FINANCIAL GROUP 101-1001-60320 25.00Travel & TrainingCHAMBER SOCIAL EVENT J.PENA216095BMO FINANCIAL GROUP 101-1001-60320 60.00Travel & Training01/2025 LEAGUE MEETING D.MCGARREY216095BMO FINANCIAL GROUP 101-1001-60320 25.00Travel & Training02/28/25 - CHAMBER BREAKFAST EVENT…216095BMO FINANCIAL GROUP 101-1001-60320 271.53Travel & TrainingCITY COUNCIL DINNER216095BMO FINANCIAL GROUP 101-1001-60320 30.00Travel & Training02/04/25 - RIVCO STUDENT OF MONTH …216095BMO FINANCIAL GROUP 101-1001-60320 160.00Travel & TrainingBIASC DINNER S.SANCHEZ216095BMO FINANCIAL GROUP 101-1001-60320 20.00Travel & TrainingCHAMBER SOCIAL EVENT D.MCGARREY216095BMO FINANCIAL GROUP 101-1001-60320 60.00Travel & Training01/2025 LEAGUE MEETING J.PENA216095BMO FINANCIAL GROUP 101-1001-60320 60.00Travel & Training01/2025 LEAGUE MEETING L.EVANS216095BMO FINANCIAL GROUP 101-1001-60320 30.00216095BMO FINANCIAL GROUP 101-1001-60320 30.00216095BMO FINANCIAL GROUP 101-1001-60320 1,929.49216095BMO FINANCIAL GROUP 101-1002-60320 932.80216095BMO FINANCIAL GROUP 101-1002-60320 69.33 2/4/25 RIVCO STUDENT OF MONTH EV… Travel & Training 2/4/25 - RIVCO STUDENT OF MONTH EV… Travel & Training 1/13-1/16/25 FLIGHTS FOR J.MCMILLEN Travel & Training 1/13-1/16/25 HOTEL ROOM J.MCMILLEN Travel & Training 1/14/-1/16/25 RENTAL CAR JMCMILLEN Travel & Training216095BMO FINANCIAL GROUP 101-1002-60320 10.85Travel & Training01/14/25 - TRAVEL MEAL J.MCMILLEN216095BMO FINANCIAL GROUP 101-1002-60320 28.04Travel & Training1/13/25 - TRAVEL MEAL J.MCMILLEN216095BMO FINANCIAL GROUP 101-1002-60320 17.33Travel & Training1/13/25 - TRAVEL MEAL J.MCMILLEN216095BMO FINANCIAL GROUP 101-1002-60320 252.981/13/-1/14/25 FLIGHT FEES J.MCMILLEN Travel & Training216095BMO FINANCIAL GROUP 101-1002-60320 199.97Travel & Training1/16/25 - FLIGHT FEES J.MCMILLEN216095BMO FINANCIAL GROUP 101-1002-60320 23.64Travel & Training01/16/25 - TRAVEL MEAL J.MCMILLEN216095BMO FINANCIAL GROUP 101-1002-60320 20.66Travel & Training01/16/25 - TRAVEL MEAL J.MCMILLEN216095BMO FINANCIAL GROUP 101-1002-60320 68.00Travel & Training01/16/25 - AIRPORT PARKING J.MCMILL…216095BMO FINANCIAL GROUP 101-1002-60320 72.77Travel & Training01/15/25 - TRAVEL MEAL J.MCMILLEN216095BMO FINANCIAL GROUP 101-1002-60320 40.92Travel & Training01/16/25 - RENTAL CAR INSURANCE J.M…216095BMO FINANCIAL GROUP 101-1002-60320 4.91Travel & Training01/16/25 - GAS FOR RENTAL CAR J.MCM…216095BMO FINANCIAL GROUP 101-1002-60320 96.00Travel & Training01/16/25 - HOTEL DEPOSIT J.MCMILLEN216095BMO FINANCIAL GROUP 101-1002-60320 13.32Travel & Training01/15/25 - TRAVEL MEAL J.MCMILLEN216095BMO FINANCIAL GROUP 101-1002-60320 90.00Membership DuesMSA MEMBERSHIP216095BMO FINANCIAL GROUP 101-7003-60351 641.50Operating SuppliesCOFFEE MACHINE216095BMO FINANCIAL GROUP 101-7003-60420 38.25Operating SuppliesOFFICE SUPPLIES216095BMO FINANCIAL GROUP 101-7003-60420 77.47Operating SuppliesOFFICE SUPPLIES216095BMO FINANCIAL GROUP 101-7003-60420 235.00Membership DuesIIMC MEMBERSHIP RENEWAL216095BMO FINANCIAL GROUP 101-1005-60351 1,697.42PostageCERTIFIED LETTER ENVELOPES216095BMO FINANCIAL GROUP 101-1007-60470 2,100.00Prepaid Expense7/1-12/31/25 CA TRAVEL ASSOC MEMB…216100CALIFORNIA TRAVEL ASSOCI…101-0000-13600 1,500.00Membership Dues1/1-6/30/25 CA TRAVEL ASSOC MEMBE…216100CALIFORNIA TRAVEL ASSOCI…101-3007-60351 623.00Professional ServicesSTVR HOTLINE216101CENTRAL COMMUNICATIONS 101-6004-60103 780.47Water -Pioneer Park - UtilitiesWATER SERVICE216103COACHELLA VALLEY WATER D…101-3005-61207 115.02Water - UtilitiesWATER SERVICE216103COACHELLA VALLEY WATER D…101-2002-61200 170 Demand Register Packet: APPKT04075 - 02/14/2025 JB 2/24/2025 4:58:24 PM Page 3 of 8 AmountVendor Name Payment Number Description (Item)Account Name Account Number 26.08Water - UtilitiesWATER SERVICE216103COACHELLA VALLEY WATER D…101-3008-61200 1,515.00Professional ServicesINLET CLEANING SIMON DR & WASHIN…216107CV PIPELINE CORP 101-7003-60103 42.50Postage01/14/25 & 01/20/25 - OVERNIGHT MAIL216110FEDEX 101-1007-60470 15.71Postage01/28/25 - OVERNIGHT MAIL216110FEDEX 101-1007-60470 229.15Garnishments PayableGARNISHMENT216111FRANCHISE TAX BOARD 101-0000-20985 536.20Cable/Internet - Utilities01/26-02/25/25 - POLICE INTERNET216112FRONTIER COMMUNICATIO…101-2001-61400 260.26Materials/SuppliesMETERING VALVE SPORTS COMPLEX216114GRAINGER 101-3008-60431 261.66Operating SuppliesGAS CANS, BOOSTER CABLE, TRASH GR…216114GRAINGER 101-7003-60420 723.48Electricity - UtilitiesELECTRICITY SERVICE216116IMPERIAL IRRIGATION DIST 101-2002-61101 13.82Electric - Monticello Park - Uti…ELECTRICITY SERVICE216116IMPERIAL IRRIGATION DIST 101-3005-61102 3,901.62Electric - Sports Complex - Uti…ELECTRICITY SERVICE216116IMPERIAL IRRIGATION DIST 101-3005-61106 12.98Electric - Colonel Paige - Utilit…ELECTRICITY SERVICE216116IMPERIAL IRRIGATION DIST 101-3005-61108 14,727.85Electric - Community Park - U…ELECTRICITY SERVICE216116IMPERIAL IRRIGATION DIST 101-3005-61109 68.17Electric - Adams Park - Utiliti…ELECTRICITY SERVICE216116IMPERIAL IRRIGATION DIST 101-3005-61110 14.88Electric - Velasco Park - Utiliti…ELECTRICITY SERVICE216116IMPERIAL IRRIGATION DIST 101-3005-61111 13.82Electric - Desert Pride - Utiliti…ELECTRICITY SERVICE216116IMPERIAL IRRIGATION DIST 101-3005-61114 3,086.49Electric - Civic Center Park - U…ELECTRICITY SERVICE216116IMPERIAL IRRIGATION DIST 101-3005-61103 100.00Consultants/Employee Servic…01/14/25 - DMV DOT PHYSICAL & CERTIF…216117INDUSTRIAL HEALTH MEDICA…101-1004-60104 38.17Mechanical PermitsREFUND PERMIT FEES BMCH2024-0538216118IPERMIT 101-0000-42402 76.34Building Plan Check FeesREFUND PERMIT FEES BMCH2024-0538216118IPERMIT 101-0000-42600 590.00Professional Services01/2025 LQ RESORT FEASIBILITY ANALYS…216120KEYSER MARSTON ASSOCIAT…101-1002-60103 3,500.00Contract Services - Administr…01/2025 FEDERAL LOBBYIST SERVICES216121KILEY & ASSOCIATES 101-1002-60101 710.19Maintenance/Services10/01-12/31/24 - CH ELEVATOR MAINT…216122KONE INC 101-3008-60691 200.00Annual Wellness Dollar Reim…FY 24/25 WELLNESS DOLLARS REIMB B.…216124MCKINNEY, BRYAN 101-1004-50252 42.99UniformsUNIFORM LAUNDRY SERVICE216125MISSION LINEN SUPPLY 101-3005-60690 22.20UniformsUNIFORM LAUNDRY SERVICE216125MISSION LINEN SUPPLY 101-3008-60690 42.99UniformsUNIFORM LAUNDRY SERVICE216125MISSION LINEN SUPPLY 101-3005-60690 22.20UniformsUNIFORM LAUNDRY SERVICE216125MISSION LINEN SUPPLY 101-3008-60690 6,386.00Fritz Burns Pool Maintenance02/2025 FB POOL MONTHLY MAINTEN…216126OCEAN SPRINGS TECH INC 101-3005-60184 1,404.16Fritz Burns Pool Maintenance01/27/25 FB WADING POOL LIGHT FIXT…216126OCEAN SPRINGS TECH INC 101-3005-60184 2,808.31Fritz Burns Pool Maintenance01/27/25 FB POOL LIGHT FIXTURE REPL…216126OCEAN SPRINGS TECH INC 101-3005-60184 412.53Fritz Burns Pool Maintenance01/27/25 FB POOL CRACK IN THE PLAST…216126OCEAN SPRINGS TECH INC 101-3005-60184 2,352.00Community ExperiencesCITY BDAY DESSERT DEPOSIT216127OCHOA JR, JESUS 101-3003-60149 1,717.00Fritz Burns Pool MaintenanceFB POOL CONTROLLER REPLACEMENT216129PACIFIC WEST AIR CONDITIO…101-3005-60184 47.63COUNCIL APPAREL EMBROIDERY Promotional Items216130PALMS TO PINES PRINTING 101-3007-60134 1,881.11Operating SuppliesSTAFF POLO SHIRTS - CS216130PALMS TO PINES PRINTING 101-3003-60420 881.56Promotional ItemsSTAFF POLO SHIRTS - CM.216130PALMS TO PINES PRINTING 101-3007-60134 105.29UniformsSTAFF POLO SHIRTS - PW216130PALMS TO PINES PRINTING 101-3008-60690 3,700.00Community EngagementTABLES, CHAIRS,TABLE LINEN FOR CITY P…216132PARTY TIME RENTALS 101-3007-60137 3,025.04Temporary Agency Services01/24/25 - TEMP AGENCY SERVICES R.I…216133PROPER SOLUTIONS INC 101-1004-60125 3,030.19Temporary Agency Services01/31/25 - TEMP AGENCY SERVICES R.I…216133PROPER SOLUTIONS INC 101-1004-60125 -88.79Sales Taxes PayableBIKE HELMETS FOR CITY PICNIC SALES T…216134PRORIDER INC 101-0000-20304 1,103.54Special Enforcement FundsBIKE HELMETS FOR CITY PICNIC216134PRORIDER INC 101-2001-60175 551.00Materials/SuppliesIRRIGATION PARTS216138SMITH PIPE & SUPPLY CO 101-3005-60431 225.00Annual Permits/InspectionsCH ELEVATOR INSPECTION216139STATE OF CA DEPT OF INDUS…101-3008-60196 13.00Due to SunLine01/2025 - SUNLINE PASSES216140SUNLINE TRANSIT AGENCY 101-0000-20305 -1.25Miscellaneous Revenue01/2025 - SUNLINE PASSES216140SUNLINE TRANSIT AGENCY 101-0000-42301 12,778.25Marketing & Tourism Promot…02/2025 GEM PUBLICATION216141THE CHAMBER 101-3007-60461 398.81Materials/SuppliesLQ PARK OFFICE LOCK REPAIR216142THE LOCK SHOP, INC 101-3008-60431 177.19Materials/SuppliesSPORTS COMPLEX RESTROOM LOCK RE…216142THE LOCK SHOP, INC 101-3008-60431 327.93Materials/SuppliesLQ PARK SNACK BAR LOCK REPAIR216142THE LOCK SHOP, INC 101-3008-60431 5,000.00Sponsorships/AdvertisingINDYCAR PROGRAM SPONSORSHIP AD216143THERMAL OPERATING COM…101-3007-60450 2,215.38Materials/SuppliesHARDSCAPE MATERIALS216144TRI-STATE MATERIALS INC 101-3005-60431 191.19Materials/SuppliesHARDSCAPE MATERIALS216144TRI-STATE MATERIALS INC 101-3005-60431 3,750.00Administration10/01-12/31/2024 CONTRACT FOR CUS…216147US BANK 101-1006-60102 441.70Recruiting/Pre-Employment01/2025 - PRE-EMPLOYMENT BACKGRO…216148USA-FACT,INC.101-1004-60129 891.63Telephone - Utilities12/26-01/25/25 - LQPD CELLS (6852)216149VERIZON WIRELESS 101-2001-61300 890.00Maintenance/ServicesMAINTENANCE SERVICES FOR PARKS216150VINTAGE ASSOCIATES 101-3005-60691 828.41Maintenance/ServicesSPORT COMPLEX LIGHT MAINTENANCE.216151VINTAGE E & S INC 101-3005-60691 1,151.18Maintenance/ServicesON-CALL ELECTRICAL SERVICES216151VINTAGE E & S INC 101-3005-60691 171 Demand Register Packet: APPKT04075 - 02/14/2025 JB 2/24/2025 4:58:24 PM Page 4 of 8 AmountVendor Name Payment Number Description (Item)Account Name Account Number 105,680.31TBID Due to VGPSQ2 FY 24/25 STVR TBID COLLECTIONS216152VISIT GREATER PALM SPRINGS 101-0000-20303 -5,284.02VGPS TBID Admin FeeQ2 FY 24/25 STVR TBID COLLECTIONS216152VISIT GREATER PALM SPRINGS 101-0000-43635 1,176.08Tools/EquipmentGENERATOR & SMALL TOOLS216154WHITE CAP, L.P.101-3005-60432 652.37Operating SuppliesANCHORING EPOXY216154WHITE CAP, L.P.101-7003-60420 317.92Operating SuppliesSAFETY GEAR216154WHITE CAP, L.P.101-7003-60420 251.83Community ExperiencesLQAC PARKING SIGNS216155XPRESS GRAPHICS 101-3003-60149 Fund 101 - GENERAL FUND Total:222,904.69 Fund: 201 - GAS TAX FUND 1,977.92Materials/SuppliesDRONE216095BMO FINANCIAL GROUP 201-7003-60431 374.41AsphaltASPHALT SEALER216114GRAINGER 201-7003-60430 264.21AsphaltASPHALT216123MARTIN MARIETTA 201-7003-60430 48.85UniformsUNIFORM LAUNDRY SERVICE216125MISSION LINEN SUPPLY 201-7003-60690 46.54UniformsPUBLIC WORKS UNIFORM PURCHASES216125MISSION LINEN SUPPLY 201-7003-60690 4,804.58Traffic Control SignsTRAFFIC SIGNS & HARDWARE216128PACIFIC PRODUCTS AND SER…201-7003-60429 Fund 201 - GAS TAX FUND Total:7,516.51 Fund: 202 - LIBRARY & MUSEUM FUND 306.64Water - UtilitiesWATER SERVICE216103COACHELLA VALLEY WATER D…202-3006-61200 130.37Maintenance/ServicesLIGHT BULBS (12)216104CONSOLIDATED ELECTRICAL …202-3006-60691 710.19Maintenance/Services10/01-12/31/24 - MUSEUM ELEVATOR …216122KONE INC 202-3006-60691 Fund 202 - LIBRARY & MUSEUM FUND Total:1,147.20 Fund: 215 - LIGHTING & LANDSCAPING FUND 112.26Water - Medians - UtilitiesWATER SERVICE216103COACHELLA VALLEY WATER D…215-7004-61211 75.38Water - Medians - UtilitiesWATER SERVICE216103COACHELLA VALLEY WATER D…215-7004-61211 1,016.11Water - Medians - UtilitiesWATER SERVICE216103COACHELLA VALLEY WATER D…215-7004-61211 5,400.00Maintenance/Services01/2025 L&L MAINT SERVICES PLANTS …216109DESERT CONCEPTS CONSTR…215-7004-60691 6,840.00Maintenance/Services02/03 - 02/7/25 PLANT REPLACEMENT …216109DESERT CONCEPTS CONSTR…215-7004-60691 4,807.53Electric - UtilitiesELECTRICITY SERVICE216116IMPERIAL IRRIGATION DIST 215-7004-61116 1,637.52Electric - Medians - UtilitiesELECTRICITY SERVICE216116IMPERIAL IRRIGATION DIST 215-7004-61117 382.35Electric - Medians - UtilitiesELECTRICITY SERVICE216116IMPERIAL IRRIGATION DIST 215-7004-61117 1,219.92Electric - UtilitiesELECTRICITY SERVICE216116IMPERIAL IRRIGATION DIST 215-7004-61116 2,414.25Materials/SuppliesPLANTS216135RED TERRA NURSERY, LLC 215-7004-60431 1,641.04Materials/SuppliesPLANT MATERIALS216135RED TERRA NURSERY, LLC 215-7004-60431 150.00Maintenance/ServicesBEE HIVE REMOVAL216146TRULY NOLEN INC 215-7004-60691 Fund 215 - LIGHTING & LANDSCAPING FUND Total:25,696.36 Fund: 221 - AB 939 - CALRECYCLE FUND 1,500.00AB 939 Recycling Solutions01/2025 RECYCLING DIGITAL ADS216092ALPHA MEDIA LLC 221-0000-60127 2,000.00AB 939 Recycling Solutions02/2025 RECYCLING ADVERTISING SERV…216141THE CHAMBER 221-0000-60127 Fund 221 - AB 939 - CALRECYCLE FUND Total:3,500.00 Fund: 247 - ECONOMIC DEVELOPMENT FUND 167.14Marketing & Tourism Promot…FOOD FOR MARKETING VIDEOS216095BMO FINANCIAL GROUP 247-0000-60461 Fund 247 - ECONOMIC DEVELOPMENT FUND Total:167.14 Fund: 270 - ART IN PUBLIC PLACES FUND 6,230.79APP Maintenance & DisplaySILVERROCK ART ON LOAN SCULPTURE S…216094BEST SIGNS INC 270-0000-60683 Fund 270 - ART IN PUBLIC PLACES FUND Total:6,230.79 Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS 12,270.00Retention PayableSPORTS COMPLEX LIGHTING REPLACEM…216091ACE ELECTRIC INC 401-0000-20600 2,126.85Design12/2024 DUNE PALMS BRIDGE LOW WA…216093BENGAL ENGINEERING INC 401-0000-60185 1,342.00Technical10/2024 ON-CALL MTRL TESTING SPORT…216105CONVERSE CONSULTANTS 401-0000-60108 4,408.00ConstructionPULL BOXES AT HWY 111 & DUNE PALMS216106CROSSTOWN ELECTRICAL & …401-0000-60188 6,034.26Design12/2024 - CULTURAL CAMPUS DESIGN216115HAMMEL, GREEN, AND ABR…401-0000-60185 555.98Design12/2024 - CULTURAL CAMPUS DESIGN R…216115HAMMEL, GREEN, AND ABR…401-0000-60185 1,102.69ConstructionTYPE A REPLACEMENT PANEL216119JTB SUPPLY CO., INC.401-0000-60188 Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total:27,839.78 Fund: 501 - FACILITY & FLEET REPLACEMENT 1,087.52Parts, Accessories, and UpfitsVEHICLE UPGRADES216095BMO FINANCIAL GROUP 501-0000-60675 1,239.41Vehicle Repair & Maintenan…17 CHEVY SILVERADO VIN Z176783 REPA…216102CHEVROLET CADILLAC 501-0000-60676 210.00Vehicle Repair & Maintenan…18 CHEVY SILVERADO VIN Z252560 MAI…216102CHEVROLET CADILLAC 501-0000-60676 1,539.38Vehicle Repair & Maintenan…17 CHEVY COLORADO VIN H1244342 RE…216102CHEVROLET CADILLAC 501-0000-60676 172 Demand Register Packet: APPKT04075 - 02/14/2025 JB 2/24/2025 4:58:24 PM Page 5 of 8 AmountVendor Name Payment Number Description (Item)Account Name Account Number 572.49Vehicle Repair & Maintenan…22 CHEVY SILVERADO VIN F182277 TIRE…216108DANIEL'S TIRE SERVICE, INC.501-0000-60676 227.78Vehicle Repair & Maintenan…3500 SILVERADO TIRE REPAIR216131PARKHOUSE TIRE INC 501-0000-60676 779.61Vehicle Repair & Maintenan…01/2025 - CAR WASH MEMBERSHIP216137S&D CARWASH MANAGEME…501-0000-60676 Fund 501 - FACILITY & FLEET REPLACEMENT Total:5,656.19 Fund: 502 - INFORMATION TECHNOLOGY 779.55Software Licenses12/10/24-01/09/25 - MS AZURE ONLINE…190MICROSOFT CORPORATION 502-0000-60301 499.00Software Licenses01/2025 - EMAIL PROTECTION SOFTWA…216095BMO FINANCIAL GROUP 502-0000-60301 324.00Software Licenses02/2025 MOBILE SERVICE MANAGEME…216095BMO FINANCIAL GROUP 502-0000-60301 35.86Operating SuppliesLAPTOP BAG FOR D.MCGARREY216095BMO FINANCIAL GROUP 502-0000-60420 87.99Cable/Internet - Utilities02/2025 HULU SUBSCRIPTION216095BMO FINANCIAL GROUP 502-0000-61400 759.12Machinery & EquipmentPORTABLE MONITORS FOR IT STOCK216095BMO FINANCIAL GROUP 502-0000-80100 -468.00Software LicensesREFUND INVENTORY MANAGEMENT SO…216095BMO FINANCIAL GROUP 502-0000-60301 285.00Software LicensesLQQUINTACA.GOV RENEWAL216095BMO FINANCIAL GROUP 502-0000-60301 468.00Software LicensesINVENTORY MANAGEMENT SOFTWARE216095BMO FINANCIAL GROUP 502-0000-60301 992.32Software Licenses216095BMO FINANCIAL GROUP 502-0000-60301 116.37Operating Supplies216095BMO FINANCIAL GROUP 502-0000-60420 1,047.90Computers216095BMO FINANCIAL GROUP 502-0000-80103 1,325.43Computers216095BMO FINANCIAL GROUP 502-0000-80103 1,325.43Computers SRR DOMAIN RENEWAL USB-C CABLES DESKTOP FOR CLERKS OFFICE MACBOOK AIR FOR IT STOCK MACBOOK AIR FOR IT STOCK216095BMO FINANCIAL GROUP 502-0000-80103 4,000.00Prepaid Expense07/01/25-12/27/25- PENSION MODULE …216113GOVINVEST, INC 502-0000-13600 4,000.00Prepaid Expense7/1/25-12/27/25- OPEB MODULE PREPA…216113GOVINVEST, INC 502-0000-13600 4,000.00Software Licenses12/28/24-06/30/2025- PENSION MODU…216113GOVINVEST, INC 502-0000-60301 4,000.00Software Licenses12/28/24-6/30/2025 OPEB MODULE216113GOVINVEST, INC 502-0000-60301 5,527.75Software LicensesGEOGRAPHIC INFORMATION SYSTEMS S…216136RINCON CONSULTANTS, INC.502-0000-60301 3,187.50Maintenance AgreementsJAN 2025 AV SYSTEM MAINTENANCE216145TRITON TECHNOLOGY SOLUT…502-0000-60300 8,914.92Consultants01/2025 CONTINGENCY EXPENSES216153VISUAL EDGE IT, INC.502-0000-60104 33,178.00Consultants01/2025 IT SERVICES216153VISUAL EDGE IT, INC.502-0000-60104 Fund 502 - INFORMATION TECHNOLOGY Total:74,386.14 Fund: 504 - INSURANCE FUND 65.00Operating SuppliesFIRST AID KITS & SUPPLIES216095BMO FINANCIAL GROUP 504-1010-60420 -658.33Operating SuppliesRETURN STANDING DESK CONVERTER216095BMO FINANCIAL GROUP 504-1010-60420 Fund 504 - INSURANCE FUND Total:-593.33 Grand Total:374,451.47 173 Demand Register Packet: APPKT04075 - 02/14/2025 JB 2/24/2025 4:58:24 PM Page 6 of 8 Fund Summary Fund Expense Amount 101 - GENERAL FUND 222,904.69 201 - GAS TAX FUND 7,516.51 202 - LIBRARY & MUSEUM FUND 1,147.20 215 - LIGHTING & LANDSCAPING FUND 25,696.36 221 - AB 939 - CALRECYCLE FUND 3,500.00 247 - ECONOMIC DEVELOPMENT FUND 167.14 270 - ART IN PUBLIC PLACES FUND 6,230.79 401 - CAPITAL IMPROVEMENT PROGRAMS 27,839.78 501 - FACILITY & FLEET REPLACEMENT 5,656.19 502 - INFORMATION TECHNOLOGY 74,386.14 504 - INSURANCE FUND -593.33 Grand Total:374,451.47 Account Summary Account Number Account Name Expense Amount 101-0000-13600 Prepaid Expense 2,100.00 101-0000-20303 TBID Due to VGPS 105,680.31 101-0000-20304 Sales Taxes Payable -88.79 101-0000-20305 Due to SunLine 13.00 101-0000-20985 Garnishments Payable 229.15 101-0000-42301 Miscellaneous Revenue -1.25 101-0000-42402 Mechanical Permits 38.17 101-0000-42600 Building Plan Check Fees 76.34 101-0000-43635 VGPS TBID Admin Fee -5,284.02 101-1001-60320 Travel & Training 889.86 101-1002-60101 Contract Services - Admi…3,500.00 101-1002-60103 Professional Services 590.00 101-1002-60320 Travel & Training 3,781.01 101-1004-50252 Annual Wellness Dollar …200.00 101-1004-60104 Consultants/Employee S…100.00 101-1004-60125 Temporary Agency Servi…6,055.23 101-1004-60129 Recruiting/Pre-Employm…702.61 101-1004-60320 Travel & Training 81.53 101-1004-60351 Membership Dues 539.00 101-1004-60352 Subscriptions & Publicat…114.49 101-1005-60351 Membership Dues 235.00 101-1005-60400 Office Supplies 52.26 101-1005-60420 Operating Supplies 293.59 101-1006-60102 Administration 3,750.00 101-1006-60400 Office Supplies 73.44 101-1007-60403 Citywide Supplies 239.63 101-1007-60470 Postage 1,755.63 101-2001-60109 LQ Police Volunteers 1,294.71 101-2001-60175 Special Enforcement Fu…1,103.54 101-2001-61300 Telephone - Utilities 891.63 101-2001-61400 Cable/Internet - Utilities 536.20 101-2002-60320 Travel & Training 1,831.48 101-2002-60406 Disaster Prep Supplies 1,195.69 101-2002-61101 Electricity - Utilities 723.48 101-2002-61200 Water - Utilities 115.02 101-3002-60420 Operating Supplies 287.00 101-3003-60149 Community Experiences 7,982.18 101-3003-60420 Operating Supplies 1,886.11 101-3005-60184 Fritz Burns Pool Mainten…12,728.00 101-3005-60431 Materials/Supplies 2,957.57 101-3005-60432 Tools/Equipment 1,176.08 101-3005-60690 Uniforms 85.98 101-3005-60691 Maintenance/Services 2,869.59 101-3005-61102 Electric - Monticello Park…13.82 174 Demand Register Packet: APPKT04075 - 02/14/2025 JB 2/24/2025 4:58:24 PM Page 7 of 8 Account Summary Account Number Account Name Expense Amount 101-3005-61103 Electric - Civic Center Pa…3,086.49 101-3005-61106 Electric - Sports Complex…3,901.62 101-3005-61108 Electric - Colonel Paige -…12.98 101-3005-61109 Electric - Community Par…14,727.85 101-3005-61110 Electric - Adams Park - Ut…68.17 101-3005-61111 Electric - Velasco Park - …14.88 101-3005-61114 Electric - Desert Pride - U…13.82 101-3005-61207 Water -Pioneer Park - Uti…780.47 101-3007-60134 Promotional Items 1,042.19 101-3007-60137 Community Engagement 3,822.22 101-3007-60320 Travel & Training 1,854.00 101-3007-60351 Membership Dues 1,744.95 101-3007-60450 Sponsorships/Advertising 5,000.00 101-3007-60461 Marketing & Tourism Pr…12,778.25 101-3008-60196 Annual Permits/Inspecti…225.00 101-3008-60427 Safety Gear 103.26 101-3008-60431 Materials/Supplies 2,522.57 101-3008-60690 Uniforms 149.69 101-3008-60691 Maintenance/Services 710.19 101-3008-61200 Water - Utilities 26.08 101-6001-60400 Office Supplies 168.00 101-6004-60103 Professional Services 623.00 101-6006-60420 Operating Supplies 217.49 101-7001-60320 Travel & Training 347.74 101-7003-60103 Professional Services 1,515.00 101-7003-60320 Travel & Training 1,105.20 101-7003-60351 Membership Dues 272.70 101-7003-60420 Operating Supplies 1,989.17 101-7006-60320 Travel & Training 687.44 201-7003-60429 Traffic Control Signs 4,804.58 201-7003-60430 Asphalt 638.62 201-7003-60431 Materials/Supplies 1,977.92 201-7003-60690 Uniforms 95.39 202-3006-60691 Maintenance/Services 840.56 202-3006-61200 Water - Utilities 306.64 215-7004-60431 Materials/Supplies 4,055.29 215-7004-60691 Maintenance/Services 12,390.00 215-7004-61116 Electric - Utilities 6,027.45 215-7004-61117 Electric - Medians - Utilit…2,019.87 215-7004-61211 Water - Medians - Utiliti…1,203.75 221-0000-60127 AB 939 Recycling Solutio…3,500.00 247-0000-60461 Marketing & Tourism Pr…167.14 270-0000-60683 APP Maintenance & Disp…6,230.79 401-0000-20600 Retention Payable 12,270.00 401-0000-60108 Technical 1,342.00 401-0000-60185 Design 8,717.09 401-0000-60188 Construction 5,510.69 501-0000-60675 Parts, Accessories, and …1,087.52 501-0000-60676 Vehicle Repair & Maint…4,568.67 502-0000-13600 Prepaid Expense 8,000.00 502-0000-60104 Consultants 42,092.92 502-0000-60300 Maintenance Agreements 3,187.50 502-0000-60301 Software Licenses 16,407.62 502-0000-60420 Operating Supplies 152.23 502-0000-61400 Cable/Internet - Utilities 87.99 502-0000-80100 Machinery & Equipment 759.12 502-0000-80103 Computers 3,698.76 504-1010-60420 Operating Supplies -593.33 175 Demand Register Packet: APPKT04075 - 02/14/2025 JB 2/24/2025 4:58:24 PM Page 8 of 8 Account Summary Account Number Account Name Expense Amount 504-1010-60420 Operating Supplies Grand Total:374,451.47 Project Account Summary Project Account Key Expense AmountProject Account Name Project Name **None**309,360.17**None****None** 111205D 2,126.85Design Expense Dune Palms Bridge Imp/BRLKS-5433(014) 201804E 4,055.29Landscape & Lighting Median Islan…Landscape & Lighting Median Island Improvements 201901D 6,590.24Design Expense Village Art Plaza Promenade & Cultural Campus 202204RP 12,270.00Retention Payable Sports Complex Lighting Replacement 202204T 1,342.00Technical Expense Sports Complex Lighting Replacement 202328E 12,240.00Citywide Landscape Maintenance …Citywide Landscape Maintenance Srvcs (L&L AD 89-1) 202412CT 4,408.00Construction Expense FY24/25 PMP - Fred Waring Drive - Misc Locations 2425TMICT 1,102.69Construction Expense FY24/25 Traffic Maintenance Improvements AMEXE 1,060.91American Express Misc Expenses American Express Golf Tournament BDAYE 7,155.54City Picnic & Birthday Celebration …City Picnic & Birthday Celebration CSA152E 3,492.92CSA 152 Expenses CSA 152 Project Tracking EGGE 4,591.02La Quinta Egg Hunt Expense La Quinta Egg Hunt LQACE 251.83La Quinta Art Celebration - Expense La Quinta Art Celebration SRRLQE 3,781.01SRR Development City Expense SilverRock Development City Expenses STVRE 623.00Short Term Vacation Rental Expen…Short Term Vacation Rental Tracking Grand Total:374,451.47 *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. 176 2/24/2025 4:57:47 PM Page 1 of 5 Demand Register City of La Quinta Packet: APPKT04082 - 02-21-25 DR AmountVendor Name Payment Number Description (Item)Account Name Account Number Fund: 101 - GENERAL FUND 1,500.00Business LicensesBUSINESS LICENSE REFUND2161561918 WINTER STREET ABS, L…101-0000-41600 112.00NPDES InspectionsBUSINESS LICENSE REFUND2161561918 WINTER STREET ABS, L…101-0000-43638 125.06Materials/SuppliesPUBLIC WORKS SUPPLIES216157AIR & HOSE SOURCE, INC.101-3005-60431 25.00Office SuppliesBATTERIES - OFFICE SUPPLIES216160AYON, UBALDO 101-7001-60400 913.05Blood/Alcohol TestingBLOOD ALCOHOL ANALYSIS216161BIO-TOX LABORATORIES 101-2001-60174 185.00Blood/Alcohol TestingBLOOD ALCOHOL ANALYSIS216161BIO-TOX LABORATORIES 101-2001-60174 533.41Water - UtilitiesWATER SERVICE216163COACHELLA VALLEY WATER D…101-2002-61200 1,951.72Water -Monticello Park - Utili…WATER SERVICE216163COACHELLA VALLEY WATER D…101-3005-61201 292.36Water -Fritz Burns Park - Utili…WATER SERVICE216163COACHELLA VALLEY WATER D…101-3005-61204 1,405.46Water -Community Park - Util…WATER SERVICE216163COACHELLA VALLEY WATER D…101-3005-61209 71.76Water - UtilitiesWATER SERVICE216163COACHELLA VALLEY WATER D…101-3008-61200 43.90PM 10 - Dust ControlWATER SERVICE216163COACHELLA VALLEY WATER D…101-7006-60146 14,566.67School Officer09/19/24 - 10/16/24 BP#4 SCHOOL RES…216166DESERT SANDS UNIFIED SCH…101-2001-60168 12,729.79School Officer10/17/24 - 11/13/24 BP #5 SCHOOL RE…216166DESERT SANDS UNIFIED SCH…101-2001-60168 1,200.00Sexual Assault Exam Fees12/04/2024 - SEXUAL ASSAULT EXAM L…216167EISENHOWER MEDICAL CEN…101-2001-60193 6.00PostageLATE FEE FOR 11/21/24 CERT MAIL - AU…216168FEDEX 101-1007-60470 3.11PostageLATE FEE FOR12/27/24 OVERNIGHT MAI…216168FEDEX 101-1007-60470 60,000.00Grants & Economic Develop…FOOD DELIVERY & DISTRIBUTION FIND …216169FIND FOOD BANK INC 101-3001-60510 500.00Miscellaneous DepositsFACILITY RENTAL DEPOSIT REFUND216170FOREST WILKERSON 101-0000-22830 224.39Garnishments PayableGARNISHMENT216171FRANCHISE TAX BOARD 101-0000-20985 48.82Building PermitsPERMIT REFUND BSAP2024-0004216172FREEDOM FOREVER LLC 101-0000-42400 562.74Fire StationFS #32 CLEANING SUPPLIES216178HOME DEPOT CREDIT SERVIC…101-2002-60670 989.58Fire StationFS#70 WASHING MACHINE216178HOME DEPOT CREDIT SERVIC…101-2002-60670 217.37Materials/SuppliesVALVE BOX COVER216178HOME DEPOT CREDIT SERVIC…101-3005-60431 36.45Materials/SuppliesCONCRETE RE-SURFACER BOND216178HOME DEPOT CREDIT SERVIC…101-3005-60431 178.48Materials/Supplies12 GALLON VACCUM216178HOME DEPOT CREDIT SERVIC…101-3005-60431 75.97Materials/SuppliesMINI LED LIGHTS216178HOME DEPOT CREDIT SERVIC…101-3005-60431 771.90Materials/SuppliesMINI LED LIGHTS216178HOME DEPOT CREDIT SERVIC…101-3005-60431 326.05Materials/SuppliesVALVE BOX COVER216178HOME DEPOT CREDIT SERVIC…101-3005-60431 12.91Materials/SuppliesAA BATTERIES216178HOME DEPOT CREDIT SERVIC…101-3005-60431 773.64Materials/SuppliesMINI LED LIGHTS216178HOME DEPOT CREDIT SERVIC…101-3005-60431 396.87Tools/EquipmentAIR COMPRESSOR216178HOME DEPOT CREDIT SERVIC…101-3005-60432 298.95Tools/EquipmentLANDSCAPE RAKES & SHOVELS216178HOME DEPOT CREDIT SERVIC…101-3005-60432 14.43Materials/SuppliesSTAIN216178HOME DEPOT CREDIT SERVIC…101-3008-60431 68.98Materials/SuppliesPAINT and PRIMER216178HOME DEPOT CREDIT SERVIC…101-3008-60431 81.42Materials/SuppliesWATER FILTER216178HOME DEPOT CREDIT SERVIC…101-3008-60431 568.83Materials/SuppliesCH WATER COOLERS216178HOME DEPOT CREDIT SERVIC…101-3008-60431 179.01Operating SuppliesSUPPLIES216178HOME DEPOT CREDIT SERVIC…101-7003-60420 86.96Operating SuppliesMATERIALS216178HOME DEPOT CREDIT SERVIC…101-7003-60420 34.72Operating SuppliesSUPPLIES216178HOME DEPOT CREDIT SERVIC…101-7003-60420 76.38Operating SuppliesGLOVES, WASHERS, NUTS, BOLTS216178HOME DEPOT CREDIT SERVIC…101-7003-60420 27.48Operating SuppliesCARBIDE DRILL BIT216178HOME DEPOT CREDIT SERVIC…101-7003-60420 366.80Operating SuppliesRUBBER HOSE, UPOSTS, GLOVES216178HOME DEPOT CREDIT SERVIC…101-7003-60420 11.00Over Payments, AR PolicyFALSE ALARM ACCT# 0643 OVERPAYME…216179HUGHES FAMILY TRUST 101-0000-20330 12.72Plumbing PermitsREFUND OF PERMIT BPLB2025-003216181KW PLUMBING 101-0000-42401 7.56Building Plan Check FeesREFUND OF PERMIT BPLB2025-003216181KW PLUMBING 101-0000-42600 7,983.94Community ExperiencesTREE LIGHTING CEREMONY AV SERVICES216182LH PRODUCTIONS 101-3003-60149 15,833.98JanitorialCITYWIDE JANITORIAL SERVICES216184MERCHANTS BUILDING MAI…101-3008-60115 400.00Lot Cleaning/Gravel ProgramDEBRIS REMOVAL CV LINK/OFF STATER …216185MOYA, DANIEL 101-6004-60120 1,800.00Lot Cleaning/Gravel ProgramJEFFERSON BRIDGE CLEAN UP216185MOYA, DANIEL 101-6004-60120 475.00Lighting Service03/2025-03/2026 - CONTROL LINK SERV…216186MUSCO CORPORATION 101-3005-60136 3,333.34Professional Services03/01/25 -06/30/25 INSURANCE COMPL…216187MY COI LLC 101-1005-60103 90.14Mobile/Cell Phones/Satellites01/2025 - SATELLITE PHONES216188NI GOVERNMENT SERVICES I…101-2002-61304 177 Demand Register Packet: APPKT04082 - 02-21-25 DR 2/24/2025 4:57:47 PM Page 2 of 5 AmountVendor Name Payment Number Description (Item)Account Name Account Number 117.88Community ExperiencesDISTINGUISHED CITIZEN AWARD216191POWERS AWARDS INC 101-3003-60149 3,500.00PostagePOSTAGE FOR QUADIENT MACHINE216192QUADIENT FINANCE USA, INC.101-1007-60470 1,096.48Sheriff - Other12/25/24 - 01/24/2025 - MOTOR FUEL216193RIVERSIDE COUNTY SHERIFF …101-2001-60176 240.00Materials/Supplies"DOG PARK RULES" SIGN216196SIGNATURE TINT 101-3005-60431 9.89Office SuppliesOFFICE SUPPLIES216198STAPLES ADVANTAGE 101-3001-60400 204.94Office SuppliesOFFICE SUPPLIES216198STAPLES ADVANTAGE 101-3001-60400 19.35Office SuppliesOFFICE SUPPLIES216198STAPLES ADVANTAGE 101-3001-60400 39.65Office SuppliesOFFICE SUPPLIES216198STAPLES ADVANTAGE 101-3005-60400 19.24Office SuppliesOFFICE SUPPLIES216198STAPLES ADVANTAGE 101-3002-60400 20.00Office SuppliesOFFICE SUPPLIES216198STAPLES ADVANTAGE 101-1006-60400 93.42Operating SuppliesOPERATING SUPPLIES216198STAPLES ADVANTAGE 101-7003-60420 476.33UniformsCODE COMPLIANCE JACKETS FOR OFFIC…216199STRIKER SCREEN PRINTING 101-6004-60690 124.65Materials/SuppliesPADLOCK216200THE LOCK SHOP, INC 101-3005-60431 61.33Materials/SuppliesMITCHELL PAIGE PARK KEYS216200THE LOCK SHOP, INC 101-3008-60431 21,815.20Contract Traffic Engineer24/25 On-call Traffic Engineering Services216201TKE ENGINEERING, INC.101-7006-60144 200.00Maintenance/ServicesREINSTALLED 2 FALLEN MIRRORS AT THE…216202TORRES WINDOW SOLUTION…101-3008-60691 125.00Maintenance/ServicesWATERPROOF 2 WINDONS AT WC216202TORRES WINDOW SOLUTION…101-3008-60691 840.00Maintenance/ServicesSRR CLEAR TEMPERED GLASS WITH AN…216202TORRES WINDOW SOLUTION…101-3008-60691 15.00Credit Card FeesCREDIT CARD CHARGEBACK216203TYLER TECHNOLOGIES 101-1006-60122 108.00United Way DeductionsCONTRIBUTION216204UNITED WAY OF THE DESERT 101-0000-20981 … 31.81Electrical PermitsDUPLICATE PERMIT BY ERROR216206WOO ELECTRIC 101-0000-42403 31.81Building Plan Check FeesDUPLICATE PERMIT BY ERROR216206WOO ELECTRIC 101-0000-42600 Fund 101 - GENERAL FUND Total:282,445.88 Fund: 201 - GAS TAX FUND 2,126.94AsphaltASPHALT SEALER216175GRAINGER 201-7003-60430 4,253.88AsphaltASPHALT SEALER216175GRAINGER 201-7003-60430 2,047.50Professional Services02/07-02/08/24 STREET SWEEPING SVCS216194ROAD SERVICES 201-7003-60103 Fund 201 - GAS TAX FUND Total:8,428.32 Fund: 202 - LIBRARY & MUSEUM FUND 3,264.32Janitorial216184MERCHANTS BUILDING MAI…202-3004-60115 989.54Janitorial216184MERCHANTS BUILDING MAI…202-3006-60115 250.00HVAC216190PACIFIC WEST AIR CONDITIO…202-3004-60667 Fund 202 - LIBRARY & MUSEUM FUND Total:4,503.86 Fund: 215 - LIGHTING & LANDSCAPING FUND 2,136.39Water - Medians - Utilities216163COACHELLA VALLEY WATER D…215-7004-61211 568.83Electric - Utilities216180IMPERIAL IRRIGATION DIST 215-7004-61116 33.80Electric - Medians - Utilities216180IMPERIAL IRRIGATION DIST 215-7004-61117 1,087.50Materials/Supplies216183MACIAS NURSERY, INC.215-7004-60431 300.00Maintenance/Services CITYWIDE JANITORIAL SERVICES CITYWIDE JANITORIAL SERVICES 01/2025 LIBRARY WATER TREATMENT WATER SERVICE ELECTRICITY SERVICE ELECTRICITY SERVICE TREE & PLANT PURCHASES PALM TREE LIGHT CHANGING COLOR 216195ROTO-LITE, INC 215-7004-60691 Fund 215 - LIGHTING & LANDSCAPING FUND Total:4,126.52 Fund: 221 - AB 939 - CALRECYCLE FUND 1,515.75AB 939 Recycling Solutions02/08/2025 SHREDDING & RECYCLING …216164DESERT ARC 221-0000-60127 Fund 221 - AB 939 - CALRECYCLE FUND Total:1,515.75 Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS 45,092.28Retention Payable01/2025 DUNE PALMS BRIDGE RETENTI…216158AMERICAN BUSINESS BANK 401-0000-20600 -45,092.28Retention Payable01/2025 - 2011-05 DUNE PALMS BRIDGE…216189ORTIZ ENTERPRISES INC.401-0000-20600 901,845.57Construction01/2025 - 2011-05 DUNE PALMS BRIDGE…216189ORTIZ ENTERPRISES INC.401-0000-60188 688.00Construction2425 On-call Traffic Signal Repair Servic…216197ST. FRANCIS ELECTRIC, LLC 401-0000-60188 Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total:902,533.57 Fund: 501 - FACILITY & FLEET REPLACEMENT 12,358.43Fuel & Oil11/26/24 - 01/24/25 - FUEL192WEX BANK 501-0000-60674 37.50Parts, Accessories, and UpfitsWIPER BLADES216159AUTOZONE 501-0000-60675 12.33Parts, Accessories, and UpfitsFLEET SUPPLIES216159AUTOZONE 501-0000-60675 94.93Parts, Accessories, and UpfitsFLEET SUPPLIES216159AUTOZONE 501-0000-60675 191.21Parts, Accessories, and UpfitsVEHICLE BATTERY216159AUTOZONE 501-0000-60675 -22.00Parts, Accessories, and UpfitsCREDIT MEMO FOR BATTERY CORE RET…216159AUTOZONE 501-0000-60675 213.15Motorcycle Repair & Mainte…MOTORCYCLE REPAIRS A1245216162BMW MOTORCYCLES OF RIV…501-0000-60679 * * The California Public Records Act exempts from disclosure records pertaining to pending litigation to which a public agency is a party, until the litigation is adjudicated, including legal counsel billing invoices reflecting work in active and ongoing litigation as the content of such invoices is closely related to attorney-client privileged communications that its disclosure may reveal legal strategy or consultation. [Government Code §§ 7927.200, 7927.705; Los Angeles County Bd. of Supervisors v. Superior Court (2016) 2 Cal.5th 282, 297; County of Los Angeles Bd. of Supervisors v. Superior Court (2017) 12 Cal. App.5th 1264, 1273-1274]. 178 Demand Register Packet: APPKT04082 - 02-21-25 DR 2/24/2025 4:57:47 PM Page 3 of 5 AmountVendor Name Payment Number Description (Item)Account Name Account Number 416.23Motorcycle Repair & Mainte…MOTORCYCLE REPAIRS A1249216162BMW MOTORCYCLES OF RIV…501-0000-60679 530.00Vehicle Repair & Maintenan…VEHICLE WASHES216177HILARIO, BENJAMIN 501-0000-60676 32.32Parts, Accessories, and UpfitsDOUBLESIDED TAPE216178HOME DEPOT CREDIT SERVIC…501-0000-60675 122.34Parts, Accessories, and UpfitsFLEET - ELECTRIC TRAILER JACK216178HOME DEPOT CREDIT SERVIC…501-0000-60675 Fund 501 - FACILITY & FLEET REPLACEMENT Total:13,986.44 Fund: 502 - INFORMATION TECHNOLOGY 1,575.67Software Licenses01/10-02/09/25 - MS AZURE ONLINE SV…191MICROSOFT CORPORATION 502-0000-60301 132.15Cable/Internet - Utilities01/25 - 02/24/25 - CH INTERNET216173FRONTIER COMMUNICATIO…502-0000-61400 Fund 502 - INFORMATION TECHNOLOGY Total:1,707.82 Fund: 503 - PARK EQUIP & FACILITY FUND 23,163.76ParksLIGHT BOLLARDS216165DESERT ELECTRIC SUPPLY 503-0000-71060 1,162.25ParksPARKS PLAYGROUND PARTS216176GREAT WESTERN RECREATI…503-0000-71060 Fund 503 - PARK EQUIP & FACILITY FUND Total:24,326.01 Fund: 601 - SILVERROCK RESORT 15.60Bank Fees11/2024 SRR ARMORED SVC EXCESS IT…216174GARDAWORLD 601-0000-60455 8.32Bank Fees01/2025 SRR ARMORED SVC EXCESS IT…216174GARDAWORLD 601-0000-60455 235.87Bank Fees01/2025 SRR ARMORED SVCS TIER PRIC…216174GARDAWORLD 601-0000-60455 63.03Repair & MaintenanceSRR TOILET SEAT216178HOME DEPOT CREDIT SERVIC…601-0000-60660 40.77Repair & MaintenanceSRR SUPPLIES - WEDGE ANCHORS216178HOME DEPOT CREDIT SERVIC…601-0000-60660 77.03Repair & MaintenanceSRR SUPPLIES WEDGE ANCHORS & BITS.216178HOME DEPOT CREDIT SERVIC…601-0000-60660 Fund 601 - SILVERROCK RESORT Total:440.62 Grand Total:1,244,014.79 179 Demand Register Packet: APPKT04082 - 02-21-25 DR 2/24/2025 4:57:47 PM Page 4 of 5 Fund Summary Fund Expense Amount 101 - GENERAL FUND 282,445.88 201 - GAS TAX FUND 8,428.32 202 - LIBRARY & MUSEUM FUND 4,503.86 215 - LIGHTING & LANDSCAPING FUND 4,126.52 221 - AB 939 - CALRECYCLE FUND 1,515.75 401 - CAPITAL IMPROVEMENT PROGRAMS 902,533.57 501 - FACILITY & FLEET REPLACEMENT 13,986.44 502 - INFORMATION TECHNOLOGY 1,707.82 503 - PARK EQUIP & FACILITY FUND 24,326.01 601 - SILVERROCK RESORT 440.62 Grand Total:1,244,014.79 Account Summary Account Number Account Name Expense Amount 101-0000-20330 Over Payments, AR Policy 11.00 101-0000-20981 United Way Deductions 108.00 101-0000-20985 Garnishments Payable 224.39 101-0000-22830 Miscellaneous Deposits 500.00 101-0000-41600 Business Licenses 1,500.00 101-0000-42400 Building Permits 48.82 101-0000-42401 Plumbing Permits 12.72 101-0000-42403 Electrical Permits 31.81 101-0000-42600 Building Plan Check Fees 39.37 101-0000-43638 NPDES Inspections 112.00 101-1005-60103 Professional Services 3,333.34 101-1006-60122 Credit Card Fees 15.00 101-1006-60400 Office Supplies 20.00 101-1007-60470 Postage 3,509.11 101-2001-60168 School Officer 27,296.46 101-2001-60174 Blood/Alcohol Testing 1,098.05 101-2001-60176 Sheriff - Other 1,096.48 101-2001-60193 Sexual Assault Exam Fees 1,200.00 101-2002-60670 Fire Station 1,552.32 101-2002-61200 Water - Utilities 533.41 101-2002-61304 Mobile/Cell Phones/Sate…90.14 101-3001-60400 Office Supplies 234.18 101-3001-60510 Grants & Economic Deve…60,000.00 101-3002-60400 Office Supplies 19.24 101-3003-60149 Community Experiences 8,101.82 101-3005-60136 Lighting Service 475.00 101-3005-60400 Office Supplies 39.65 101-3005-60431 Materials/Supplies 2,882.48 101-3005-60432 Tools/Equipment 695.82 101-3005-61201 Water -Monticello Park -…1,951.72 101-3005-61204 Water -Fritz Burns Park -…292.36 101-3005-61209 Water -Community Park …1,405.46 101-3008-60115 Janitorial 15,833.98 101-3008-60431 Materials/Supplies 794.99 101-3008-60691 Maintenance/Services 1,165.00 101-3008-61200 Water - Utilities 71.76 101-6004-60120 Lot Cleaning/Gravel Prog…2,200.00 101-6004-60690 Uniforms 476.33 101-7001-60400 Office Supplies 25.00 101-7003-60420 Operating Supplies 864.77 101-7006-60144 Contract Traffic Engineer 21,815.20 101-7006-60146 PM 10 - Dust Control 43.90 201-7003-60103 Professional Services 2,047.50 201-7003-60430 Asphalt 6,380.82 * * The California Public Records Act exempts from disclosure records pertaining to pending litigation to which a public agency is a party, until the litigation is adjudicated, including legal counsel billing invoices reflecting work in active and ongoing litigation as the content of such invoices is closely related to attorney-client privileged communications that its disclosure may reveal legal strategy or consultation. [Government Code §§ 7927.200, 7927.705; Los Angeles County Bd. of Supervisors v. Superior Court (2016) 2 Cal.5th 282, 297; County of Los Angeles Bd. of Supervisors v. Superior Court (2017) 12 Cal. App.5th 1264, 1273-1274]. 180 Demand Register Packet: APPKT04082 - 02-21-25 DR 2/24/2025 4:57:47 PM Page 5 of 5 Account Summary Account Number Account Name Expense Amount 202-3004-60115 Janitorial 3,264.32 202-3004-60667 HVAC 250.00 202-3006-60115 Janitorial 989.54 215-7004-60431 Materials/Supplies 1,087.50 215-7004-60691 Maintenance/Services 300.00 215-7004-61116 Electric - Utilities 568.83 215-7004-61117 Electric - Medians - Utilit…33.80 215-7004-61211 Water - Medians - Utiliti…2,136.39 221-0000-60127 AB 939 Recycling Solutio…1,515.75 401-0000-20600 Retention Payable 0.00 401-0000-60188 Construction 902,533.57 501-0000-60674 Fuel & Oil 12,358.43 501-0000-60675 Parts, Accessories, and …468.63 501-0000-60676 Vehicle Repair & Maint…530.00 501-0000-60679 Motorcycle Repair & Ma…629.38 502-0000-60301 Software Licenses 1,575.67 502-0000-61400 Cable/Internet - Utilities 132.15 503-0000-71060 Parks 24,326.01 601-0000-60455 Bank Fees 259.79 601-0000-60660 Repair & Maintenance 180.83 Grand Total:1,244,014.79 Project Account Summary Project Account Key Expense AmountProject Account Name Project Name **None**211,684.98**None****None** 111205CT 901,845.57Construction Expense Dune Palms Bridge Imp/BRLKS-5433(014) 111205RP 0.00Retention Payable Dune Palms Bridge Imp/BRLKS-5433(014) 202328E 1,087.50Citywide Landscape Maintenance …Citywide Landscape Maintenance Srvcs (L&L AD 89-1) 2425TMICT 688.00Construction Expense FY24/25 Traffic Maintenance Improvements TREEE 7,983.94Tree Lighting Ceremony Expense Tree Lighting Ceremony Grand Total:1,244,014.79 * * The California Public Records Act exempts from disclosure records pertaining to pending litigation to which a public agency is a party, until the litigation is adjudicated, including legal counsel billing invoices reflecting work in active and ongoing litigation as the content of such invoices is closely related to attorney-client privileged communications that its disclosure may reveal legal strategy or consultation. [Government Code §§ 7927.200, 7927.705; Los Angeles County Bd. of Supervisors v. Superior Court (2016) 2 Cal.5th 282, 297; County of Los Angeles Bd. of Supervisors v. Superior Court (2017) 12 Cal. App.5th 1264, 1273-1274]. 181 City of La Quinta Bank Transactions 02/10/2025-02/21/2025 Wire Transaction Listed below are the wire transfers from 02/10/2025-02/21/2025. Wire Transfers: 02/13/2025 - WIRE TRANSFER - MIDAMERICA $20,512.16 02/14/2025 - WIRE TRANSFER - CALPERS $7,068.02 02/14/2025 - WIRE TRANSFER - CALPERS $15,455.99 02/14/2025 - WIRE TRANSFER - CALPERS $35,442.94 02/14/2025 - WIRE TRANSFER - MISSION SQUARE $4,055.00 02/14/2025 - WIRE TRANSFER - MISSION SQUARE $15,445.30 02/18/2025 - WIRE TRANSFER - AMERITAS $62.28 02/18/2025 - WIRE TRANSFER - AMERITAS $121.92 02/18/2025 - WIRE TRANSFER - AMERITAS $629.70 02/18/2025 - WIRE TRANSFER - STANDARD OF OREGON $1,782.28 02/18/2025 - WIRE TRANSFER - AMERITAS $7,600.88 02/18/2025 - WIRE TRANSFER - LQCEA $539.00 02/18/2025 - WIRE TRANSFER - LANDMARK $218,583.51 02/19/2025 - WIRE TRANSFER - STERLING $1,359.17 02/19/2025 - WIRE TRANSFER - MIDAMERICA $20,650.74 02/20/2025 - WIRE TRANSFER - LINCOLN FINANCIAL $6,172.14 02/20/2025 - WIRE TRANSFER - LINCOLN FINANCIAL $6,180.86 02/21/2025 - WIRE TRANSFER - U.S BANK TRUST $1,630,644.82 TOTAL WIRE TRANSFERS OUT $1,992,306.71 ATTACHMENT 2 182 City of La Quinta CITY COUNCIL MEETING: March 4, 2025 STAFF REPORT AGENDA TITLE: APPROVE JUNIOR INSPIRATION AND YOUTH ACHIEVEMENT AWARD NOMINEE RECOMMENDATION Approve Junior Inspiration and Youth Achievement Award Nominee. EXECUTIVE SUMMARY La Quinta’s Community Awards Program was established to recognize individuals making positive impacts in the community. Maximilian “Max” Radi was nominated for the Junior Inspiration and Youth Achievement Award (JIA). The Arts and Community Services Commission (ACSC), at the February 10, 2025, special meeting, recommended Council approve the nominee. FISCAL IMPACT The total cost for the engraved JIA plaque award is approximately $100. Funds are available in the Community Services Experiences and Events budget (101-3003-60149). BACKGROUND/ANALYSIS The City of La Quinta’s Community Awards Program includes the Pillar of the Community, JIA, Distinguished Citizen, and Community Service awards. The awards were established to recognize individuals who have made significant impacts in La Quinta through their acts of service, kindness, leadership, and dedication to serving the community. Nominations for the Community Awards are accepted year-round, and citizens are encouraged to nominate individuals they feel are deserving of these awards based on their respective criteria. JIA criteria includes the following: Candidates must be five (5) to eighteen (18) years of age. Candidates must be or have been a La Quinta resident or attended a La Quinta school for a minimum of one (1) year. Candidates must have contributed significantly to the La Quinta community. Examples include academic achievement, acts of kindness or service, artistic and/or athletic achievement, community engagement and leadership, and/or volunteer efforts. BUSINESS SESSION ITEM NO. 1 183 Recently Max Radi was nominated for the JIA (Attachment 1). Max is a junior at La Quinta High School (LQHS), maintains a 4.5 weighted grade point average, and aspires to attend the United States Military Academy at West Point where he was selected from over 1,500 nationwide applicants to participate in the STEM (science, technology, engineering, and math) Summer Camp Program in Summer 2022. He is taking college preparatory classes and is on the La Quinta High School Varsity Swim and Varsity Water Polo teams. Max is actively involved in Air Force Reserve Officer Training Corps (AFJROTC) as a Second Lieutenant, Honor Guard Member, Public Affairs Officer, and Master of Ceremony at the AFJROTC Military Ball. Additionally, Max is a recipient of the Tuskegee Airman AFJROTC Cadet National Award which recognizes the top of the AFJROTC class who demonstrate outstanding military leadership, discipline, character, and citizenship. Max has volunteered for local organizations including YMCA of the Desert, Saint Francis of Assisi Catholic Church, and the Coachella Valley Airborne Association. If approved, the nominee will be presented with an award during an upcoming Council meeting. ALTERNATIVES Council may choose not to approve the award nominee. Prepared by: Michael Calderon, Senior Management Analyst Approved by: Christina Calderon, Community Services Deputy Director Attachment: 1. Max Radi JIA Nomination Form 184 ATTACHMENT 1 185 186 187 188 189 190 City of La Quinta CITY COUNCIL MEETING: March 4, 2025 STAFF REPORT AGENDA TITLE: DISCUSS REMOVAL OF AGED PALM TREES LOCATED WITHIN THE CITY RIGHT OF WAY RECOMMENDATION Discuss removal of aged palm trees located within the City right of way. EXECUTIVE SUMMARY The City annually trims palm trees (palms) located within the City right of way along Eisenhower Drive (Eisenhower) and Avenida Obregon (Obregon). The palms have aged, some with visibly weak trunk structures or rotted base, causing them to fall during stronger wind storms, and in some instances causing property damage. Property owners (owners) located in proximity to palms identified for removal have been notified. FISCAL IMPACT The one-time cost for removal of the palms was negotiated based on the quantity of palms to be removed and is estimated at $198,000. This amount may vary based on the actual number of palms removed. Removal of the palms could generate savings of $7,075 of annual palms maintenance costs in the Landscape and Lighting landscape maintenance contract, based on the number of palms removed. BACKGROUND/ANALYSIS Prior to the City’s incorporation, Riverside County installed Washingtonian Robusta palms in the City right of way along Eisenhower, from Calle Tampico to Calle Durango, along Obregon, from Calle Chihuahua to the cul-de-sac in the Yucatan Cove, and along Avenida Montezuma. There are 284 palms annually maintained by the City. The palms are estimated to be 70 to 90 years old, some have visibly weak trunk structures, and some have rotted at the base causing them to fall during stronger wind STUDY SESSION ITEM NO. 1 191 storms, and in some instances these falls have caused property damage. Due to safety concerns, potential liability and property damage, the City has scheduled removal of the palms at no cost to owners. In January 2025, the City proactively contracted Arbor Pro Inc., (Arbor Pro), a professionally licensed and qualified arborist firm, to examine the palms along Eisenhower and Obregon, and to prepare a risk assessment report (Report), included as Attachment 1, which will be discussed in detail at this meeting. Arbor Pro will also discuss next steps, including the use of drone technology to confirm palms reduced integrity and analyze wildlife nesting days prior to removal. On February 6, 2025, the City sent out notifications to property owners and tenants located in proximity to the palms identified for removal (Attachment 2). On February 18, 2025, palms were marked for removal. Additional notification will be provided via door hangers placed the week prior to palms removal at affected properties (Attachment 3). The City has received resident comments for both, in appreciation and support, as well as in opposition of the palms removal; some opposing residents have requested to keep the palms and take ownership, including annual maintenance. Prepared by: Dianne Hansen, Maintenance & Operations Superintendent Approved by: Bryan McKinney, Public Works Director/City Engineer Attachments: 1. Arbor Pro Risk Assessment Report 2. City Notification to Property Owners – February 2025 3. City Placed Door Hangers at Affected Properties 192 Mason Burdick WE-13457AU Operations Manager 1(657)274-1331 mburdick@arborprousa.com City of La Quinta, Ca - Mexican Fan Palm Risk Assessment Report On Thursday, 16th of January 2025, I, Mason Burdick assessed 90 Washingtonia robusta (Mexican Fan Palm) planted by Riverside County in their street right of ways along Avenida Obergon and Eisenhower Dr. This occurred prior to the incorporation of the City of La Quinta in 1982, and likely occurred during the 1960’s. The city had concerns about the stability of the palms due to their age and a history of prior failures that have occurred. Mexican Fan Palms (Washingtonia robusta) are fast growing palms native to the Baja California peninsula and Sonora in northwestern Mexico. They are among the most commonly cultivated subtropical palm species, naturalized in California, and are often planted for their aesthetic value. They are fast growing, usually growing 3 to 6 feet annually in the first few years of their life and can reach heights of 70 to 100 feet tall at maturity. They can withstand cold temperatures down to 20⁰ F and is suitable to grow in USDA hardiness zones 9-11, although prolonged cold periods can kill even mature W. robusta. Mexican Fan Palms are drought tolerant, especially once mature, and are best grown in well-draining soils. They are resistant to pests and disease, but can be susceptible to aphids, mealybugs, or spider mites. Mexican Fan Palms can also be susceptible to root rot if overwatered or planted in poorly drained soils. The trees in question ranged between 30 and 65 feet tall, and between 10- and 19-inches diameter at breast height. The trees were estimated to be between 70 and 90 years old. Several had visible tapering in the upper trunks down to as little as 6”. This trunk thinning may produce a point of weak structure and a potential failure point during extreme wind events. Several of the palms also showed signs of basal and/or root decay present. These defects are probable to result in tree failure during high wind events. While research on W. robusta indicates they may have a lifespan of up to 500 years in natural growing habitats, the average lifespan for these palms growing in urban environments is estimated to be only 100 years. Due to the trees being planted in the City right-of way along road edges, there are a plethora of targets available if they were to fail. Cars on the roadways and driveways are the most abundant targets, with a frequent occupancy rate. People walking to their cars or on the roadway may occur occasionally. Areas of increased traffic such as bus stops may also have a higher occupancy rate due to people more regularly staying in the area for longer periods, although these areas may also have more protection factors. There are also constant targets for some trees such as electrical utility distribution lines and residential structures like houses. Based on the size of the trees and the likely travel distance if failure occurs, they could generate substantial kinetic energy on impact, and would cause severe consequences if people are stuck, and significant damage to vehicles, residential structures or utility lines. Based on the above factors, risk ratings for these trees range between low and moderate. Although low is the least risk a standing tree can pose since all standing trees pose some level of risk, the city may still choose to mitigate the risk posed by these trees due to the number of failure instances that may occur, the availability of targets surrounding the trees, and the trees’ conditions. The palms appear to be well maintained, so additional pruning efforts are unlikely to mitigate the risk posed by them. Supporting the trees with guy wires may be an option, but due to the number of trees assessed, this would be a costly and time-consuming treatment option. The option that I would recommend most strongly for financial and residual risk reasons would be to remove the palms. ArborPro Inc. 22605 La Palma Ave #509 Yorba Linda, CA 92887 877-844-DATA Copyright 2018 ArborPro Inc. All Rights Reserved ATTACHMENT 1 193 ArborPro Inc. 22605 La Palma Ave #509 Yorba Linda, CA 92887 877-844-DATA Copyright 2018 ArborPro Inc. All Rights Reserved 194 ArborPro Inc. 22605 La Palma Ave #509 Yorba Linda, CA 92887 877-844-DATA Copyright 2018 ArborPro Inc. All Rights Reserved 195 ArborPro Inc. 22605 La Palma Ave #509 Yorba Linda, CA 92887 877-844-DATA Copyright 2018 ArborPro Inc. All Rights Reserved 196 ArborPro Inc. 22605 La Palma Ave #509 Yorba Linda, CA 92887 877-844-DATA Copyright 2018 ArborPro Inc. All Rights Reserved 197 ArborPro Inc. 22605 La Palma Ave #509 Yorba Linda, CA 92887 877-844-DATA Copyright 2018 ArborPro Inc. All Rights Reserved 198 ArborPro Inc. 22605 La Palma Ave #509 Yorba Linda, CA 92887 877-844-DATA Copyright 2018 ArborPro Inc. All Rights Reserved 199 ArborPro Inc. 22605 La Palma Ave #509 Yorba Linda, CA 92887 877-844-DATA Copyright 2018 ArborPro Inc. All Rights Reserved 200 ArborPro Inc. 22605 La Palma Ave #509 Yorba Linda, CA 92887 877-844-DATA Copyright 2018 ArborPro Inc. All Rights Reserved 201 ArborPro Inc. 22605 La Palma Ave #509 Yorba Linda, CA 92887 877-844-DATA Copyright 2018 ArborPro Inc. All Rights Reserved 202 February 6, 2025 Name Address City, st zip RE: ADDRESS Dear Due to potential liability to property damage and safety concerns, the City has scheduled palm tree removal for palms planted in property easements on Eisenhower Drive from Calle Tampico to Calle Durango; and on Avenida Obregon from Calle Chihuahua to the cul-de-sac in the Yucatan Cove. The palms will be removed at no cost to the homeowner at this time. The trunks will be cut below ground level and will not be replaced. The City will not be responsible for future maintenance of any plant material installed in the easement The County of Riverside planted the palm trees prior to the City’s incorporation. These palms are trimmed annually by the City and are estimated to be between seventy (70) and ninety (90) years old. Many have visibly weak trunk structures, some have rotted at the base below ground causing the palms to fall and have caused property damage, roots have also damaged sidewalks, irrigation lines, and plumbing. Removal of the palms is scheduled to begin on or around March 10, 2025, through April 30, 2025. No parking signs will be posted on the street, and the palms will be identified prior to removal. If you have any questions please contact Dianne Hansen, Maintenance & Operations Superintendent, 760-912-6435. Sincerely, Dianne Hansen Maintenance & Operations Superintendent Public Works Department ATTACHMENT 2 203 Pictures of fallen palms are below: 204 ATTACHMENT 3 205 206 Palm Springs Airport Commission Report – February 19, 2025, Meeting Discussion and Action Items: Brown Act Review – The City AƩorney gave a brief refresher on the current rules. TransportaƟon Network Companies (TNC) Rate Increase – Commission recommended raising the per trip fee from the current $3.50 rate to $4.00 which is at the naƟonal and regional average. Uber and LyŌ have no objecƟons. I inquired as to the reason why the taxicab per trip is $3.25. The ExecuƟve Director indicated that they were dealing with this issue piecemeal, and would look at analyzing the taxicab rate at a later date. Projects and Capital Improvement Program Update – A two-year window of capital projects was presented by staff. Of the $123 million idenƟfied as “programmed projects” for FY 26 and FY 27, porƟons of these projects rely upon the approximate $5.2 million per year in federal funds which is certainly at risk given the current poliƟcal climate in Washington, D.C. Congressman Calvert recently suggested to City staff, that it would be prudent to consider the impact of these projects on naƟonal defense needs when presenƟng project needs and requests at the federal level, i.e. regarding their inherent support of our naƟonal military, both at the airport to support the Twenty-Nine Palms base landings and takeoffs, and for military personnel traveling on commercial aircraŌ. Airport Commission MeeƟng Start Time – Commission agreed to change the start Ɵme to 4 PM. Employment Update – The Airport staff is sƟll having difficulty recruiƟng staff to fill many vacant posiƟons. I suggested taking a harder look at contracƟng out certain work, parƟcularly in the area of capital projects management and engineering. Next Commission Meeting: March 19, 2025, at 5:30 PM. 2025 Airport Commission Calendar – Future planned meeƟngs on 3/19, 4/16, 5/21, 6/18, 7/16, 9/17, 10/15, 11/19, 12/10. REPORTS AND INFORMATIONAL ITEM NO. 31 207 9 AIRPORT COMMISSION MEETING AGENDA Airport Conference Room, Palm Springs International Airport 3400 E. Tahquitz Canyon Way, Palm Springs, CA 92262 Wednesday, February 19, 2025 – 5:30 P.M. To view/listen/participate virtually in the meeting live, please contact Tanya Perez at Tanya.Perez@palmspringsca.gov or the following telephone number (760) 318-3805 to register for the Zoom meeting. There will be an email with Zoom credentials sent after registration is complete, to access the meeting and offer public comment. Registration is not required to attend the meeting in person. In addition, the meeting will also be teleconferenced pursuant to Government Code Section 54953 from the following location(s): Chairman Kevin Corcoran - Palm Springs 803 W. Stevens Road Palm Springs, CA 92262 Commissioner David Feltman - Palm Springs 1333 S. Belardo Rd. Palm Springs, CA 92264 Each location is accessible to the public, and members of the public may address the Airport Commission at any of the locations listed above. Any person who wishes to provide public testimony in public comments is requested to register for the Public Comments portion of the meeting. You may submit your public comments to the Airport Commission electronically. Material may be emailed to: Tanya.Perez@palmspringsca.gov - Transmittal prior to the start of the meeting is required. Any correspondence received during or after the meeting will be distributed to the Airport Commission and retained for the official record. To view Airport Commission meeting videos, click on YouTube. City of Palm Springs: Riverside County: Margaret Park City of Cathedral City: Christian Samlaska City of Palm Desert: Kevin Wiseman Kevin J. Corcoran –Chairman Todd Burke –Vice Chairman Dave Banks J Craig Fong City of Indian Wells: Robert Berriman City of Coachella: Denise Delgado City of Rancho Mirage: Keith Young Daniel Caldwell Ken Hedrick Bryan Ebensteiner Tracy Martin City of La Quinta: Geoffrey Kiehl City of Desert Hot Springs: Dirk Voss City of Indio: Rick Wise David Feltman Samantha McDermott Palm Springs City Staff Scott C. Stiles, ICMA-CM Harry Barrett Jr., A.A.E. Jeremy Keating, C.M. City Manager Executive Director or Aviation Assistant Airport Director 208 Airport Commission Meeting Agenda February 19, 2025 – Page 2 _______________________________________________________________________________________ 1. CALL TO ORDER – PLEDGE OF ALLEGIANCE 2. POSTING OF AGENDA 3. ROLL CALL 4. ACCEPTANCE OF AGENDA 5. PUBLIC COMMENTS: Limited to three minutes on any subject within the purview of the Commission 6. APPROVAL OF MINUTES: Minutes of the Airport Commission Regular Meeting of December 18, 2024. 7. INTRODUCTIONS: 7.A Tricia Diamond – Innovation and Strategic Implementation Administrator 8. DISCUSSION AND ACTION ITEMS: 8.A. Brown Act Review 8.B Art Policy and Art Curator Update 8.C TNC Rate Increase 8.D Projects and Airport Capital Improvement Program Update 8.E Marketing and Business Development Committee Update 8.F Financial Update 8.G Airport Commission Meeting Start Time 8.H Employment Update 9. EXECUTIVE DIRECTOR REPORT 10. COMMISSIONERS REQUESTS AND REPORTS 11. REPORT OF COUNCIL ACTIONS: 11.A Past City Council Actions 11.B Future City Council Actions 12. RECEIVE AND FILE: 12.A Airline Activity Report January 2025 12.B Airline Activity Report Fiscal Year Comparison 13. COMMITTEES: 13.A Future Committee Meetings 13.B Committees Roster ADJOURNMENT: The Airport Commission will adjourn to the Regular Meeting on March 19, 2025, at 5:30 P.M. 209 Airport Commission Meeting Agenda February 19, 2025 – Page 3 _______________________________________________________________________________________ AFFIDAVIT OF POSTING I, Harry Barrett, Jr., Executive Director of Aviation, City of Palm Springs, California, hereby certify this agenda was posted on February 13, 2025, in accordance with established policies and procedures. PUBLIC NOTICES Pursuant to G.C. Section 54957.5(b)(2) the designated office for inspection of records in connection with the meeting is the Office of the City Clerk, City Hall, 3200 E. Tahquitz Canyon Way. Complete Agenda Packets are available for public inspection at: City Hall Office of the City Clerk. Agenda and staff reports are available on the City’s website www.palmspringsca.gov. If you would like additional information on any item appearing on this agenda, please contact the Office of the City Clerk at (760) 323-8204. It is the intention of the City of Palm Springs to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact the Department of Aviation, (760) 318-3800, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. 210 PLANNING COMMISSION MINUTES Page 1 of 7 NOVEMBER 12, 2024 PLANNING COMMISSION MINUTES TUESDAY, NOVEMBER 12, 2024 CALL TO ORDER A regular meeting of the La Quinta Planning Commission (Commission) was called to order at 5:00 p.m. by Chairperson Hassett. PRESENT: Commissioners Guerrero, Hernandez, Hundt, McCune, Nieto, Tyerman, and Chairperson Hassett ABSENT: None STAFF PRESENT: Design and Development Director Danny Castro, Public Works Director Bryan McKinney, Planning Manager Cheri Flores, Senior Planner Scott Nespor, Associate Planner Siji Fernandez, City Attorney William Ihrke, and Commission Secretary Tania Flores PLEDGE OF ALLEGIANCE Commissioner Nieto led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None. CONFIRMATION OF AGENDA Commissioner Nieto said he would recuse himself from discussion and vote on Public Hearing Item No. 3 due to a potential conflict of interest stemming from a business relationship as his employer, the Altum Group, had consulted with this applicant on another unrelated project. MOTION – A motion was made and seconded by Commissioners Tyerman/Guerrero to confirm the agenda as published. Motion passed unanimously. ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS – None. CONSENT CALENDAR 1. APPROVE MEETING MINUTES DATED SEPTEMBER 10, 2024 2. APPROVE MEETING MINUTES DATED OCTOBER 8, 2024 MOTION – A motion was made and seconded by Commissioners Guerrero/Nieto to approve the Consent Calendar as presented. Motion passed unanimously. REPORTS AND INFORMATIONAL ITEM NO. 32 211 PLANNING COMMISSION MINUTES Page 2 of 7 NOVEMBER 12, 2024 BUSINESS SESSION – None. PUBLIC HEARINGS 1.CONSIDER A RESOLUTION RECOMMENDING CITY COUNCIL APPROVAL OF A LANDMARK DESIGNATION 2024-0001 FOR A SINGLE-FAMILY RESIDENCE LOCATED AT 51407 AVENIDA VELASCO; CEQA: THE DESIGN AND DEVELOPMENT DEPARTMENT HAS DETERMINED THAT THIS PROJECT IS EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT REVIEW PURSUANT TO SECTION 15301, CLASS 1 EXISTING FACILITIES OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; LOCATION: 51407 AVENIDA VELASCO DECLARATIONS OF COMMISSION PUBLIC CONTACT OR CONFLICTS: Commissioners Guerrero, Hundt, and Nieto said they toured the property with the property owner. Associate Planner Fernandez presented the staff report, which is on file in the Design and Development Department. The Commission discussed the ability to use landmark designated properties as short- term vacation rentals (STVR); previously requested or designated properties; property lot size; identifying this landmark designation via placard or monument; landmark designation benefits, as well as constraints and reporting requirements; Mills Act participation and contracts; historic district designations; and the minimum age requirements for historic landmarks designations. CHAIRPERSON HASSETT DECLARED THE PUBLIC HEARING OPEN AT 5:29 P.M. PUBLIC SPEAKER: Michael Paganelli, Applicant/Co-Owner – introduced himself and provided a background of his experience with the property; reasons and intentions for seeking a landmark designation of his property; answered the Commission’s questions about existing internal/external upgrades and retrofitting of the property, including new floor tiles, plumbing and piping; and the insurability of the property should a landmark designation be approved. Commission Secretary Flores said that the City received one written comment in support of approving the landmark designation from Linda Williams, President of the La Quinta Historical Society, which was distributed to the Commission prior to the meeting and would be included in the public record of this meeting. CHAIRPERSON HASSETT DECLARED THE PUBLIC HEARING CLOSED AT 5:39 P.M. Commission discussion followed regarding the preservation of the history and culture of La Quinta using landmark designations on properties with distinctive qualities of 212 PLANNING COMMISSION MINUTES Page 3 of 7 NOVEMBER 12, 2024 historical significance; qualifying characteristics of this property despite renovations and updates, and the features that would need to remain intact for landmark designation; adopting and participating in the Mills Act in the near future to further incentivize property owners to apply for landmark designations of qualifying properties; landmark designation process and applicable fees; and adding that the existing encasement windows as a distinctive physical characteristic of the property to protect this feature from future modifications. MOTION – A motion was made and seconded by Commissioner Guerrero/Chairperson Hassett to adopt Planning Commission Resolution No. 2024-016 to recommend City Council approval of Landmark Designation 2024-0001 and find the project exempt from environmental review pursuant to California Environmental Quality Act Section 15301 Class 1, Existing Facilities, as amended to include identifying the existing window encasements as a distinctive feature for the landmark designation, as noted in the discussion above: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE A LANDMARK DESIGNATION FOR 51407 AVENIDA VELASCO, LOCATED WEST OF AVENIDA VELASCO BETWEEN AVENIDA MONTEZUMA AND CALLE HIDALGO CASE NUMBER: LANDMARK DESIGNATION 2024-0001 PROJECT: 51407 AVENIDA VELASCO LANDMARK DESIGNATION APPLICANT: MICHAEL CHANCO AND MICHAEL PAGANELLI Motion passed unanimously. 2. CONSIDER A REQUEST FOR CONTINUANCE OF THE PUBLIC HEARING FOR CONDITIONAL USE PERMIT 2024-0001 FOR THE CONSTRUCTION OF A WIRELESS TELECOMMUNICATION FACILITY (MONOPALM); CEQA: THE PROJECT IS EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15303, NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES; LOCATION: WEST SIDE OF MANDARINA BETWEEN POMELO AND SANDIA, WITHIN CITRUS GOLF CLUB Chairperson Hassett said that this item was scheduled to be considered for continuation and that the members of the public could elect to hold their comments for the future public hearing when this item would be considered by the Commission. City Attorney Ihrke stated that the applicant had requested a continuation to an unspecified date with the intent to identify an alternate location, and, therefore, no decision will be made on this item at this meeting. He further advised that public comment could be received at this time, but the item would be publicly noticed again in accordance with state and city laws in the future and that the opportunity for public comment would be available at that later scheduled public hearing. 213 PLANNING COMMISSION MINUTES Page 4 of 7 NOVEMBER 12, 2024 Commission waived the presentation of the staff report, which is on file in the Design and Development Department. CHAIRPERSON HASSETT DECLARED THE PUBLIC HEARING OPEN AT 6:02 P.M. PUBLIC SPEAKER: Greg Macias, representing the applicant, SmartLink – introduced himself and stated that the previously identified site would no longer be considered for this project and that SmartLink would bring the project forward at a future date with an alternate site coordinated with Citrus Golf Course management. PUBLIC SPEAKER: John Roach, La Quinta – questioned the public hearing noticing for this project and referenced a previously approved monopalm installation unrelated to this project. PUBLIC SPEAKER: Shana Roach, La Quinta – questioned the maintenance yard referenced by Mr. Macias as a possible alternative site location and the City’s public notice procedures for public hearings. PUBLIC SPEAKER: Jackie Thibault, La Quinta – expressed concerns regarding the public noticing procedures and timing due to her seasonal residence near the project site. PUBLIC SPEAKER: Scott Crystal, La Quinta – questioned the project under consideration and what would have been considered if the continuance hadn’t been requested; expressed concern over the lack of communication and public noticing by the Citrus Golf Course owners and management. PUBLIC SPEAKER: Daniel Herns, La Quinta – questioned public noticing procedures as the project site is near the entrance, which would impact all residents of the Citrus Club. Staff and City Attorney Ihrke explained the state and local regulations regarding public noticing procedures in response to the public comments received. The Commission suggested that residents of the Citrus Club request additional communication from their homeowners association (HOA) to be more informed of future projects within their community; and for the applicant to continue public outreach regarding this project and the future public hearing. Commission Secretary Flores said that the City received nine written comments opposed to the project that were distributed to the Commission prior to the start of the meeting, which would be included in the public record of this meeting. CHAIRPERSON HASSETT DECLARED THE PUBLIC HEARING CLOSED AT 6:20 P.M. MOTION – A motion was made and seconded by Chairperson Hassett/Commissioner Guerrero to continue the public hearing regarding Conditional Use Permit 2024-0001 to a date uncertain. Motion passed unanimously. 214 PLANNING COMMISSION MINUTES Page 5 of 7 NOVEMBER 12, 2024 CHAIRPERSON HASSETT CALLED FOR A BRIEF RECESS AT 6:22 P.M. CHAIRPERSON HASSETT RECONVENED THE COMMISSION MEETING AT 6:38 P.M. WITH ALL MEMBERS PRESENT 3. CONSIDER A RESOLUTION RECOMMENDING CITY COUNCIL APPROVAL OF A SITE DEVELOPMENT PERMIT 2024-0001 TO CONSTRUCT 14 SINGLE- FAMILY RESIDENTIAL UNITS AND A DEVELOPMENT AGREEMENT 2024-0001 TO ESTABLISH THE RESPONSIBILITIES OF THE DEVELOPER FOR BRAVO ESTATES (TTM 31852); CEQA: THE DESIGN AND DEVELOPMENT DEPARTMENT HAS DETERMINED THAT THE PROJECT IS CONSISTENT WITH ENVIRONMENTAL ASSESSMENT 2003-495; LOCATION: NORTHWEST CORNER OF AVENUE 52 AND MADISON STREET COMMISSIONER NIETO RECUSED HIMSELF FROM DISCUSSION AND VOTE ON PUBLIC HEARING ITEM NO. 3 DUE TO A POTENTIAL CONFLICT OF INTEREST STEMMING FROM A BUSINESS RELATIONSHIP AS HIS EMPLOYER, THE ALTUM GROUP, HAD CONSULTED WITH THIS APPLICANT ON ANOTHER UNRELATED PROJECT; AND LEFT THE DIAS AT 6:40 P.M. DECLARATIONS OF COMMISSION PUBLIC CONTACT OR CONFLICTS: Commissioner McCune said that he was familiar with the landscape architect on the project, but there were no conflicts; Commissioner Tyerman noted that he had visited the Bravo Estates site in the city of Indio but that there were no conflicts. Associate Planner Fernandez presented the staff report, which is on file in the Design and Development Department. The Commission discussed Title 24 compliance and solar energy equipment installation; total number of bedrooms included in the development, parking standards and additional parking availability to accommodate the expected number of guests; traffic plan and off-site improvements including those required for ingress and egress to the development; public comment received from surrounding neighbors; correspondence received by the City from Sean M. Sherlock, esq. with Snell & Wilmer, legal counsel representing the common area lot owner within the project site, dated November 11, 2024, listing concerns regarding CEQA considerations, easements, current conditions, and protections for the City through title insurance; the fiscal impact analysis and expected revenue generation from the project; proposed Development Agreement (DA) as compared to recently approved DAs within the city including STVR allowances; and the proposed performance schedule, annual DA review, and repercussions or enforcement procedures in the case of non-compliance. CHAIRPERSON HASSETT DECLARED THE PUBLIC HEARING OPEN AT 7:21 P.M. 215 PLANNING COMMISSION MINUTES Page 6 of 7 NOVEMBER 12, 2024 APPLICANT REPRESENTATIVES: Daniel Olivier, legal counsel for the Applicant, Rodolfo Lizarde, Project Manager, and Hector Ayala, Property Manager – introduced themselves, provided project information and details, and answered Commission questions regarding Title 24 compliance and solar collector locations; Imperial Irrigation District applications and energy capacity availability; intention of single- or multiple- tenant occupancy for each unit; garage and driveway parking availability; on-site security and management of the development; lettered lots property owner access and possible uses of the common area lots; neighboring property impacts; code compliance and complaints on the Bravo development in Indio; tenant regulations and policies on noise, minimum age requirements, parking and car limitations, expected occupancy levels, perimeter landscaping timeline; background of property management; average rental duration and minimum stay; clientele and security during the Coachella and Stagecoach concert events; and street parking availability. APPLICANT REPRESENTATIVE: Ray Martin, Landscape Architect for the project – provided additional comments on perimeter landscaping design, amenities, and pool equipment locations. Commission Secretary Flores said that the City received one written comment from Sean Sherlock, esq., with Snell & Wilmer, representing the common area lot owner, opposing the project, which was distributed to the Commission prior to the start of the meeting and would be included in the final record of the meeting. CHAIRPERSON HASSETT DECLARED THE PUBLIC HEARING CLOSED AT 7:45 P.M. Commission discussion followed regarding exclusive STVR development; site location compatibility; on-site management and code compliance record; experience of property manager with like projects; and appropriate zoning land use. CHAIRPERSON HASSETT DECLARED THE PUBLIC HEARING RE-OPENED AT 7:51 P.M. APPLICANT REPRESENTATIVES: Hector Ayala, Applicant - answered questions about public outreach to surrounding property owners. CHAIRPERSON HASSETT DECLARED THE PUBLIC HEARING CLOSED AT 7:52 P.M. Commission discussion continued regarding the project use being strictly for STVR; site location appropriateness and single-family residence use as STVR per City’s regulations. MOTION – A motion was made and seconded by Chairperson Hassett/Commissioner McCune to approve Planning Commission Resolution No. 2024-017 to recommend City Council approve Site Development Permit 2024-0001 and Development Agreement 2024-0001, and find the project is consistent with the previously adopted Mitigated Negative Declaration, prepared for Tract Map 31852 under Environmental Assessment 2003-495, as presented: 216 PLANNING COMMISSION MINUTES Page 7 of 7 NOVEMBER 12, 2024 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE A SITE DEVELOPMENT PERMIT AND DEVELOPMENT AGREEMENT TO CONSTRUCT 14 SINGLE-FAMILY RESIDENTIAL UNITS LOCATED ON THE NORTHWEST CORNER OF AVENUE 52 AND MADISON STREET AND FIND THAT THE PROJECT IS CONSISTENT WITH ENVIRONMENTAL ASSESSMENT 2003-495 CASE NUMBERS: SITE DEVELOPMENT PERMIT 2024-0001; DEVELOPMENT AGREEMENT 2024-0001 PROJECT: BRAVO ESTATES APPLICANT: DESERT LUXURY PROPERTIES, LLC Motion passed: ayes – 6, noes – 0, absent – 1 (Neito), abstain – 0. COMMISSIONER NIETO RETURNED TO THE DAIS AT 7:58 P.M. FOR THE REMAINDER OF THE MEETING STUDY SESSION – None. STAFF ITEMS 1.GENERAL PROJECT UPDATE Planning Manager Flores provided project updates on the City’s Sphere of Influence and possible annexation, and the Highway 111 Corridor Specific Plan draft; projects scheduled for Council consideration, including Jefferson Square and code updates; recently approved projects, including La Quinta Landing, a Gymnastic Training Facility, The Golf Bar, and the Madison Club Comfort Station; projects under construction including Chick-fil-A, QuickQuack Car Wash, PGA Superstore, and Jefferson Street Apartments; recently completed projects including Five Below and The Grove at La Quinta Resort; and city projects including new sidewalk near the current Best Buy at the north side of Highway 111. COMMISSIONER ITEMS – None. ADJOURNMENT There being no further business, a motion was made and seconded by Commissioner Guerrero/Chairperson Hassett to adjourn this meeting at 8:06 p.m. Motion passed: ayes – 7, noes – 0, absent – 0, abstain – 0. Respectfully submitted, TANIA FLORES, Commission Secretary City of La Quinta, California 217 POWER POINTS CITY COUNCIL MEETING MARCH 4, 2025 March 4, 2025 1 City Council Regular Meeting March 4, 2025 City Council Regular Meeting March 4, 2025 PUBLIC COMMENT – MATTERS NOT ON THE AGENDA 3/5/2025 1 2 March 4, 2025 2 City Council Regular Meeting March 4, 2025 CLOSED SESSION IN PROGRESS Pledge of Allegiance 3 4 March 4, 2025 3 City Council Regular Meeting March 4, 2025 PUBLIC COMMENT – MATTERS NOT ON THE AGENDA 3/5/2025 City Council Meeting March 4, 2025 P1 – SilverRock Development Project Status Update 5 6 March 4, 2025 4 City Council Meeting March 4, 2025 P2 – Ironman 70.3 - December 8, 2024 Event Summary Update 1 THE IRONMAN ®GROUP M a r c h 4 , 2 0 2 5 HOST VENUE 2 0 2 5 – 2 0 2 7 7 8 March 4, 2025 5 2 3 3 9 10 March 4, 2025 6 4 5 11 12 March 4, 2025 7 6 7 13 14 March 4, 2025 8 2019 Data collected from the 2019event estimates the total impact of the event to be $9.9 million for the Greater Palm Springs region. This data was collected via the Greater Palm Springs Convention and Visitors Bureau. 2020 The event was not held in2020 2021 No report calculated in 2021 2022 $4.8 million estimated economic impact for the Greater Palm Springs Region 2023 $5.9 million estimated economic impactfor the Greater Palm Springs region. 2024 $14.2 million estimated economic impact for the Greater Palm Springs Region Historical Economic Impact 8 HOST VENUEPRESENTATION T H E I R O N M A N ®G R O U P AthleteGrowth T H E I R O N M A N ® G R O U P HOST VENUE PRESENTATION Athlete Data by Year Starters Finishers 3000 2500 2000 1500 1000 500 0 2018 2019 2020 2021 2022 2023 2024 15 16 March 4, 2025 9 AthleteOrigins HOST VENUE PRESENTATION T H E I R O N M A N ® G R O U P This event, while heavily attended by athletes in the USA, has a global reach to an average of over 25 different countries, year over year. T H E I R O N M A N ® G R O U P HOST VENUE PRESENTATION ProposedRoutes: Swim Course There are no proposed changes to the swim course. We will continue to use Lake Cahuilla for this portion of the race. 17 18 March 4, 2025 10 T H E I R O N M A N ® G R O U P HOST VENUE PRESENTATION ProposedRoutes: Bike Course - V1 This route will begin at Lake Cahuilla and will traverse the current route with some minor adjustments using an additional out and back leg on Avenue 60, more mileage inside the Thermal Club, and the finish at SilverRock Golf Course. This is the required 56-mile route. LINK: Current Bike Route Proposal: https://ridewithgps.com/routes/48416547?priv acy_code=mYWwaazQ8HgxuEmGfrDIx65YZ7A6 Xa7K T H E I R O N M A N ® G R O U P HOST VENUE PRESENTATION ProposedRoutes: Bike Course – V2 LINK: Bike Route Proposal: https://ridewithgps.com/routes/49831360 19 20 March 4, 2025 11 T H E I R O N M A N ® G R O U P HOST VENUE PRESENTATION ProposedRoutes: Bike Course – V3 LINK: Bike Route Proposal: https://ridewithgps.com/routes/49831389 T H E I R O N M A N ® G R O U P HOST VENUE PRESENTATION ProposedRoutes: Run Course This route will begin at SilverRock Golf Course and will use the property, as well as one lane on 52nd Avenue for the entirety of therequired 13.1miles. The finish line will be inside the SilverRock property. LINK: Current Run Route Proposal: https://ridewithgps.com/routes/48388906?priv acy_code=MfLhL8joLWeDMEMjFxIX18RcPMd0 auhE 21 22 March 4, 2025 12 T H E I R O N M A N ® G R O U P HOST VENUE PRESENTATION ProposedVenue: SilverRock These proposed areas are not set in stone and may be adjusted based on feedback from the team at SilverRock. The golf course will maintain operations throughout the week, with a full closure requested on Sunday, only. We are working on secondary parking options as well as the overall layout of Silver RockPark. Possible use for transition or event set up/expoPossible Transition ParkingEvent area Proposed Agreement & EventDates 17 HOST VENUE PRESENTATION T H E I R O N M A N ®G R O U P Please see the contract for specific host venue details. We would like to maintainthe first Sunday of December as the event date for the duration of the new contract. Our request is for a 3-year extension of the current contract, which would cover events in years 2025 – 2027. No direct increases on the current cash contribution is requested in the extensionagreement. 23 24 March 4, 2025 13 City Council Meeting March 4, 2025 B1 – Approve Junior Inspiration and Youth Achievement Award Nominee 25 26 March 4, 2025 14 Community Awards Program • Community Awards Program approved by Council in June 2024 • Awards recognize individuals for their contributions to the community • Community members submit nominees • Nomination form is available on City website Junior Inspiration and Youth Achievement Award • Criteria – Must be 5 – 18 years of age – City residency or attend a La Quinta school – Contributions to La Quinta or Coachella Valley: • Academic, Artistic, or Athletic Achievement • Acts of Kindness or Service • Community Engagement and Leadership • Volunteer Efforts 27 28 March 4, 2025 15 Junior Inspiration and Youth Achievement Award • Max Radi – La Quinta High School junior – 4.5 weighted GPA – LQHS Varsity Swim and Varsity Water Polo – Aspires to attend the United States Military Academy at West Point where he was selected from over 1,500 nationwide applicants to participate in the STEM Summer Camp Program in Summer 2022 Junior Inspiration and Youth Achievement Award • Max Radi – Has dedicated time to YMCA of the Desert, Saint Francis of Assisi, and Coachella Valley Airborne Association – ROTC Achievements: • Honor Guard Member • Public Affairs Officer • Second Lieutenant • Master of Ceremony ROTC Military Ball • Recipient of the Tuskegee Airman ROTC Cadet National Award 29 30 March 4, 2025 16 City Council Meeting March 4, 2025 S1 – Discuss Removal of Aged Palm Trees Located within the City’s Right of Way 31 32 March 4, 2025 17 Palm Tree Locations • Prior to the City’s incorporation, the County of Riverside installed palm trees on Eisenhower Drive, Avenida Obregon, and Avenida Montezuma. Property Damage The palms are aged and starting to fail, causing property damage, and posing safety concerns. 33 34 March 4, 2025 18 Cost & Savings The estimated cost to remove the palms is $198,000 Estimated annual maintenance savings $7,075 Reduced Liability Notification & Assessment •Letters have been sent to property owners regarding the palm tree removals, door hangers will be distributed this week. •Some owners have requested to take ownership of the palms. •Arbor Pro is able to provide an objective arborist’s assessment and report, as they do not perform any tree or maintenance work. 35 36 March 4, 2025 19 PALM TREE EVALUATIONS FEBRUARY 2025 ArborPro, Inc. Background & Services ArborPro, Inc. is an Urban Forestry Consultant and Software Firm: GPS Tree and Asset Inventory Data Collection by Certified Arborist Hazard Tree/Value Assessment – Including Sonic Tomography Urban Forest Management Software Arborist Consulting Services – Including Management and Master Plans Innovative Technologies – Remote Sensing Drone Capable with Lidar, Geo-Thermal and Multi-Spectral Cameras Founded in 2003 Completed over 400 tree inventories nationwide including over 5 million trees Staff Includes: 40 ISA Certified Arborists on staff including: Municipal Specialists, Utility Specialists and Risk Assessment Qualified Arborists Services Include: 37 38 March 4, 2025 20 Arborist – Oscar R Corvera Over 25 years of Southern California experience in the Arboriculture, Project Management, and Remote Sensing industries. I am currently the General Manager for ArborPro, Inc. and hold the following certifications: ISA Certified Arborist ISA Certified Urban Forest Professional ISA Certified Utility Arborist ISA Tree Risk Assessment Qualification Worked with hundreds of cities over my career on various duties including: Hazardous Tree Assessments Tree Removal and Replacement Program Urban Forest Management Plans Master Street Tree Plans Ordinance Creation and Modification Tree Planting Programs Various urban forest-related projects, such as nursery creation, tree palette evaluation, etc. Scope of Inspections Inspection Completed Include 1. Visual Inspection a. 18 Palm Trees in Various Areas b. Included full 360 walkaround and documentation 2. Aerial Inspection via Drone a. 6 Palm Trees in Various Areas b. Up Close Inspection of Suspected Weak Areas in Trunks and Crown Inspections 3. Sonic Tomography a. 8 Palm Trees in Various Areas b. Experimental Process c. Finding much better than expected ArborPro was approached by the City of La Quinta to evaluate a small subset of palm trees that have already been inspected and marked for potential removal. The purpose of this evaluation was to provide a second opinion and, if necessary, conduct a more thorough assessment of these trees. The palm trees in question are quite old and large. Recently, the city has experienced failures with palm trees and is concerned about the liability posed by these mature palms as they begin to age out. 39 40 March 4, 2025 21 Visual Inspections Visual Inspections 41 42 March 4, 2025 22 Visual Inspections Aerial Inspection – Drone Images 43 44 March 4, 2025 23 Aerial Inspection – Drone Images Sonic Tomography – Test Images 45 46 March 4, 2025 24 Sonic Tomography – Test Images Sonic Tomography – Test Images 47 48 March 4, 2025 25 Questions? 49 50 March 4, 2025 26 51