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2025 04 01 CounciltaQa�fra GEM of the DESERT — City Council agendas and staff reports are available on the City's web page: www.LaQuintaCA.gov CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBER 78495 Calle Tampico, La Quinta REGULAR MEETING ON TUESDAY, APRIL 1, 2025 3:00 P.M. CLOSED SESSION 1 4:00 P.M. OPEN SESSION Members of the public may listen to this meeting by tuning -in live via www.laguintaca.gov/livemeetings. CALL TO ORDER ROLL CALL: Councilmembers: Fitzpatrick, McGarrey, Pena, Sanchez, and Mayor Evans PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA At this time, members of the public may address the City Council on any matter not listed on the agenda pursuant to the "Public Comments — Instructions" listed at the end of the agenda. The City Council values your comments; however, in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by the Brown Act [Government Code § 54954.2(b)]. CONFIRMATION OF AGENDA CLOSED SESSION CONFERENCE WITH 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 CITY COUNCIL AGENDA Page 1 of 7 APRIL 1, 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) 3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (QUARTERLY REVIEW) PURSUANT TO GOVERNMENT CODE SECTION 54957, COUNCIL APPOINTED POSITION — CITY MANAGER 4. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6, CITY DESIGNATED REPRESENTATIVE: WILLIAM H. IHRKE; UNREPRESENTED EMPLOYEE — CITY MANAGER 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 SILVERROCK (FORMERLY TALUS) DEVELOPMENT PROJECT — STATUS UPDATE 2. CERTIFICATE OF RECOGNITION HONORING JUNIOR INSPIRATION AND YOUTH ACHIEVEMENT AWARD RECIPIENT MAXIMILIAN RADI 3. CIVIC CENTER LAKE REPAIRS PROJECT UPDATE CONSENT CALENDAR NOTE: Consent Calendar items are routine in nature and can be approved by one motion. PAGE 1. ADOPT ORDINANCE NO. 621 ON SECOND READING AMENDING TITLE 7 HISTORIC PRESERVATION BY ADDING SECTION 7.06.050 REGARDING DE - DESIGNATION PROCEDURES OF LANDMARK PROPERTIES AND DISTRICTS AND CHAPTER 7.09 REGARDING MILLS ACT CONTRACTS; CEQA: THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15061 (b)(3), COMMON SENSE EXEMPTION; LOCATION: CITY-WIDE CITY COUNCIL AGENDA Page 2 of 7 APRIL 1, 2025 2. ADOPT RESOLUTION AUTHORIZING THE CITY OF LA QUINTA AS A MEMBER OF THE COACHELLA VALLEY POWER AGENCY, A JOINT EXERCISE OF POWERS AGENCY [RESOLUTION NO.2025-007] 3. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH FIND FOOD BANK TO PROVIDE MOBILE MARKET AND NON-PERISHABLE FOOD KITS TO SENIORS AND LA QUINTA RESIDENTS 4. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH NV5, INC. FOR DESIGN SERVICES FOR WASHINGTON STREET SIDEWALK IMPROVEMENTS AND AVENUE 50 SIDEWALK IMPROVEMENTS PROJECT NOS. 2023-03 AND 2024-01 5. APPROVE AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES 131 WITH WILLDAN FINANCIAL SERVICES, INC FOR ANNUAL LEVY ADMINISTRATIVE SERVICES FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 6. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH GHD, INC. AND 139 AUTHORIZE PHASE 1 DESIGN SERVICES FOR AVENUE 52 AT JEFFERSON STREET ROUNDABOUT IMPROVEMENTS PROJECT NO. 2024-10 7. AWARD CONTRACT TO CT&T CONCRETE PAVING INC. FOR THE CITYWIDE MISCELLANEOUS AMERICANS WITH DISABILITIES ACT IMPROVEMENTS PROJECT NO. 2024-05, CDBG PROJECT NO. 4.LQ.50-24 8. AWARD CONTRACT TO THE LOWEST RESPONSIVE / RESPONSIBLE 181 BIDDER FOR THE HIGHWAY 111 REHABILITATION PROJECT NO. 2022-25 9. APPROPRIATE FUNDS AND APPROVE TURF REPLACEMENT COSTS FOR SILVERROCK RESORT GOLF COURSE 10. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED DECEMBER 31, 2024 11. APPROVE DEMAND REGISTERS DATED MARCH 14 AND 21, 2025 BUSINESS SESSION PAGE 1. RECEIVE AND FILE FISCAL YEAR 2024/25 BUDGET UPDATE REPORT, APPROVE THE RECOMMENDED BUDGET ADJUSTMENTS, ADOPT RESOLUTION TO RECLASSIFY ONE PERMIT TECHNICIAN POSITION AND TWO ADMINISTRATIVE TECHNICIAN POSITIONS TO RECORDS TECHNICIANS, AND APPROVE ADDITIONAL DISCRETIONARY PAYMENT TO PAY OUTSTANDING PENSION OBLIGATIONS [RESOLUTION NO. 2025-008] CITY COUNCIL AGENDA Page 3 of 7 APRIL 1, 2025 2. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH PACIFIC PLAY SYSTEMS, INC. FOR PLAYGROUND DESIGN AND INSTALLATION SERVICES FOR ADAMS PARK PLAYGROUND REPLACEMENT PROJECT NO. 2024-23 STUDY SESSION PAGE 1. DISCUSS PROJECTS TO BE INCLUDED IN FISCAL YEARS 2025/26 323 THROUGH 2O29/30 CAPITAL IMPROVEMENT PROGRAM 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) 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 & Pena) 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 (Sanchez) 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 (Pena & Sanchez) 19. CVAG PUBLIC SAFETY COMMITTEE (Pena) CITY COUNCIL AGENDA Page 4 of 7 APRIL 1, 2025 20. CVAG HOMELESSNESS COMMITTEE (Pena) 21. COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT (Pena) 22. SUNLINE TRANSIT AGENCY (Pena) 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 COUNTY AIRPORT LAND USE COMMISSION (Sanchez) 29. RIVERSIDE LOCAL AGENCY FORMATION COMMISSION (Sanchez) 30. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (Sanchez) 31. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS REGIONAL COUNCIL (Sanchez) 32. PLANNING COMMISSION MEETING MINUTES DATED FEBRUARY 25, 2025 333 33. FINANCIAL ADVISORY COMMISSION MEETING MINUTES DATED 339 FEBRUARY 12, 2025 34. PALMS SPRINGS AIRPORT COMMISSION MEETING MINUTES DATED 343 MARCH 19, 2025 ADJOURNMENT ********************************* The next regular meeting of the City Council will be held on April 15, 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 entrance to the Council Chamber at 78495 Calle Tampico, and the bulletin board at the La Quinta Cove Post Office at 51321 Avenida Bermudas, on March 28, 2025. DATED: March 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 CITY COUNCIL AGENDA Page 5 of 7 APRIL 1, 2025 the City's website at www.laguintaca.gov/councilagendas, in accordance with the Brown Act [Government Code § 54957.5; AB 2647 (Stats. 2022, Ch. 971)]. • The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's office at (760) 777-7123, 24- hours in advance of the meeting and accommodations will be made. • If background material is to be presented to the City Council during a City Council meeting, please be advised that 15 copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this takes place prior to the beginning of the meeting. PUBLIC COMMENTS - INSTRUCTIONS Members of the public may address the City Council on any matter listed or not listed on the agenda as follows: WRITTEN PUBLIC COMMENTS can be provided either in -person during the meeting by submitting 15 copies to the City Clerk, it is requested that this takes place prior to the beginning of the meeting; or can be emailed in advance to CityClerkMail(a�LaQuintaCA.gov, no later than 12:00 p.m., on the day of the meeting. Written public comments will be distributed to Council, made public, and will be incorporated into the public record of the meeting, but will not be read during the meeting unless, upon the request of the Mayor, a brief summary of public comments is asked to be reported. If written public comments are emailed, the email subject line must clearly state "Written Comments" and should include: 1) full name, 2) city of residence, and 3) subject matter. VERBAL PUBLIC COMMENTS can be provided in -person during the meeting by completing a "Request to Speak" form and submitting it to the City Clerk; it is requested that this takes place prior to the beginning of the meeting. Please limit your comments to three (3) minutes (or approximately 350 words). Members of the public shall be called upon to speak by the Mayor. In accordance with City Council Resolution No. 2022-027, a one-time additional speaker time donation of three (3) minutes per individual is permitted; please note that the member of the public donating time must: 1) submit this in writing to the City Clerk by completing a "Request to Speak" form noting the name of the person to whom time is being donated to, and 2) be present at the time the speaker provides verbal comments. Verbal public comments are defined as comments provided in the speakers' own voice and may not include video or sound recordings of the speaker or of other individuals or entities, unless permitted by the Mayor. Public speakers may elect to use printed presentation materials to aid their comments; 15 copies of such printed materials shall be provided to the City Clerk to be disseminated to the CITY COUNCIL AGENDA Page 6 of 7 APRIL 1, 2025 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/m/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(a�LaQuintaCA.gov any time prior to the adjournment of the meeting, and will be distributed to the City Council, made public, incorporated into the public record of the meeting, and will not be read during the meeting unless, upon the request of the Mayor, a brief summary of any public comment is asked to be read, to the extent the City Clerk's Office can accommodate such request. CITY COUNCIL AGENDA Page 7 of 7 APRIL 1, 2025 CONSENT CALENDAR ITEM NO. 1 City of La Quinta CITY COUNCIL MEETIN( April 1, 2025 STAFF REPORT AGENDA TITLE: ADOPT ORDINANCE NO. 621 ON SECOND READING AMENDING TITLE 7 HISTORIC PRESERVATION BY ADDING SECTION 7.06.050 REGARDING DE -DESIGNATION PROCEDURES OF LANDMARK PROPERTIES AND DISTRICTS AND CHAPTER 7.09 REGARDING MILLS ACT CONTRACTS; CEQA: THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15061 (b)(3), COMMON SENSE EXEMPTION; LOCATION: CITY-WIDE RECOMMENDATION Adopt Ordinance No. 621 on second reading amending Title 7 Historic Preservation of the La Quinta Municipal Code by adding Section 7.06.050 regarding De -designation of a Landmark Property or District and Chapter 7.09 regarding Mills Act contracts. r_Ar_t,.0 i ivr- auiviMAKY • On March 18, 2025, Council introduced Ordinance No. 621 for first reading amending Title 7 Historic Preservation of the La Quinta Municipal Code (LQMC) by adding Section 7.06.050 regarding de -designation of a landmark property or district and Chapter 7.09 regarding Mills Act Contracts • If adopted on second reading, Ordinance No. 621 will go into effect 30 days after adoption, or on April 30, 2025. FISCAL 11VI VAU i Property owners who enter into a Mills Act contract may realize property tax savings each year as the Riverside County Assessor's office will assess the property using a formula based on the property's income -generating potential (the "income approach") rather than its market value. The County Assessor then compares this restricted value to the current market value and the factored base year value, also known as the "Proposition 13" value. The lowest of the three values is used for the property tax bill. Staff estimates negligible impact to general fund revenues as a result of eligible properties entering into a Mills Act contract. BACKGROUND/ANALYSIS On March 18, 2025, Council introduced for first reading Ordinance No. 621 proposing the following amendments to Title 7 Historic Preservation of the LQMC: 9 • Adding Section 7.06.050 De -designation of a landmark property or district to establish the process of de -designating a property from landmark status if the historic significance has been reduced or no longer exists or if the integrity of the landmark property or district has greatly diminished such that it no longer physically conveys its identified historical significance due to extensive unintentional damage, fire, flood, or natural disaster. • Adding Chapter 7.09 Mills Act Contracts to establish procedures for the City to enter into Mills Act Contracts with owners of private landmark property who will preserve, restore and/or rehabilitate the property, as authorized by the Mills Act (California Government Code section 50280 et seq.). Mills Act contracts are for 10 years initial terms with automatic yearly extensions and stay with the property when transferred. Subsequent owners are bound by the contract and have the same rights and obligations as the original owner who entered into the contract. An owner with a Mills Act contract will be required to submit a work plan that outlines a schedule of restoration, maintenance, and preservation activities that the owner commits to undertake over the duration of their Mills Act agreement in exchange for reduced property taxes, ensuring the historic integrity of the property is maintained throughout the contract period. If adopted on second reading, Ordinance No. 621 will go into effect 30 days after adoption, or on April 30, 2025. ENVIRONMENTAL REVIEW The Design and Development Department has determined that the project is exempt from environmental review pursuant to Section 15061 (b)(3) of CEQA, Common Sense Exemption, as the project would not cause any adverse impacts on the environment. ALTERNATIVES As Council introduced Ordinance No. 621 at first reading, staff does not recommend an alternative. Prepared by: Oscar Mojica, Deputy City Clerk Approved by: Monika Radeva, City Clerk 10 ORDINANCE NO. 621 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 7 HISTORIC PRESERVATION OF THE LA QUINTA MUNICIPAL CODE BY ADDING SECTION 7.06.050 REGARDING DE - DESIGNATION OF A LANDMARK PROPERTY OR DISTRICT AND CHAPTER 7.09 REGARDING MILLS ACT CONTRACTS WHEREAS, the City Council of the City of La Quinta, California did, on March 18, 2025, consider an amendment to Title 7 of the La Quinta Municipal Code to add language regarding the implementation of Mills Act contracts and de -designation procedures for historic landmark properties and districts; and WHEREAS, Title 7 of the La Quinta Municipal Code contains chapters that address the historic preservation of properties in the City; and WHEREAS, the proposed amendment is exempt under the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) Review of Exemptions — Common Sense Rule and is consistent with the previously approved findings of the General Plan 2035 Environmental Impact Report (Environmental Assessment 2012-622) as the proposed amendment implements the goals, policies, and programs of the General Plan. NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows.. SECTION 1. Title 7 shall be amended as written in "Exhibit A" attached hereto. SECTION 2. The proposed amendment is exempt under the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) Review of Exemptions — Common Sense Rule and is consistent with the previously approved General Plan 2035 Environmental Impact Report (Environmental Assessment 2012-622). SECTION 3. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 4. POSTING: The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council (Resolution No. 2022-027), shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the permanent record of Ordinances of the City of La Quinta. SECTION 5. CORRECTIVE AMENDMENTS: the City Council does hereby grant the City Clerk the ability to make minor amendments and corrections of typographical or clerical errors to "Exhibit A" to ensure consistency of all approved text amendments prior to the publication in the La Quinta Municipal Code. 11 Ordinance No. 621 Amending Title 7 Historic Preservation — adding Chapter 7.09 Mills Act Contracts & Section 7.06.050 De -Designation of Landmark Property or District Adopted: April 1, 2025 Page 2 of 2 SECTION 6. SEVERABILITY: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional. PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this 1 st day of April 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 12 Ordinance No. 621 La Quinta, California, Municipal Code Amending Title 7 Historic Preservation Title 7 HISTORIC PRESERVATION Adopted: April 1, 2025 Title 7 HISTORIC PRESERVATION EXHIBIT A Chapter 7.02 GENERAL REGULATION AND ADMINISTRATION 7.02.010 Short title. This title shall be known as the "historic preservation ordinance." (Ord. 238 § 2, 1993; Ord. 207 § 1, 1992) 7.02.020 Purpose and intent. It is the intent and purpose of this title to: A. Effect the protection, enhancement and perpetuation of historic resources, landmarks and districts that represent or reflect elements of the city's diverse cultural, social, economic, political and architectural history; B. Safeguard the city's historic heritage, as represented by its historic resources, landmarks and historic districts; C. Stabilize and improve property values; D. Foster civic pride in the character and accomplishments of the past; E. Protect and enhance the city's attraction to residents, tourists and visitors and serve to support and stimulate business and industry; F. Strengthen the economy of the city; G. Promote the use of historic districts and landmarks for the education, enjoyment and welfare of the people of the city. (Ord. 238 § 2, 1993; Ord. 207 § 1, 1992) 7.02.030 Boundaries and areas of application. This title shall apply to all historic resources, publicly and privately owned, within the corporate limits of the city. (Ord. 238 § 2, 1993; Ord. 207 § 1, 1992) 7.02.040 Definitions. Whenever the following words or terms are used in this title they shall have the meaning established by this section: "Alteration" means any change or modification, through public or private action, of any historic resource or of any property located within a historic district, including, but not limited to, exterior changes to or modifications of a La Quinta, California, Municipal Code (Supp. No. 6, Update 1 ) Created: 2024-10-10 15:45:37 [EST] Page 1 of 9 13 structure or any of its architectural details or visual characteristics, including paint color and surface texture, grading, surface paving, new structures, cutting or removal of trees and other natural features, disturbances of archaeological sites or areas, and the placement or removal of any objects such as signs, plaques, light fixtures, street furniture, walls, fences, steps, plantings and landscape accessories affecting the historic qualities of the property. "Archaeological site" means an area where remains of man or his activities prior to keeping of history are still evident. "Certificate of appropriateness" means a certificate issued by the city council approving such plans, specifications, design or statements of work for any proposed alteration, restoration, construction, removal, relocation or demolition, in whole or in part, of or to any historic resource or to any improvement within a historic district. "Commission" means the planning commission established by this title. "Contributing structure" means a structure within a designated historic district which has a special character, special historic or aesthetic interest or value, and is incorporated into the district for that reason. "Exterior architectural feature" means the architectural style, design, general arrangement, components and natural features and all the outer surfaces of the improvement, including, but not limited to, the kind and texture of the building material, the type and style of all windows, doors, lights, signs, walls, fences, and other fixtures appurtenant to such improvement, and the natural form and appearance of any grade, rock, body of water, stream, tree, plant, shrub, road, path, walkway, plaza, fountain, sculpture, or other form of natural or artificial landscaping. "Historic district" means any area which contains one (1) or more historic resources or landmarks which has a special character or special historical value, along with other structural, cultural, architectural, archaeological, agricultural, community or aesthetic value, or which represents one (1) or more architectural periods or styles typical to the history of the city, that has been designated a historic district pursuant to this title. "Historic resource" means improvements, including, but not necessarily limited to, buildings, landscape, structures, signs, features, sites, places, areas, or other objects of scientific, aesthetic, educational, cultural, architectural, agricultural or historic significance to the citizens of the city. "Historic resources inventory" means the historic resources inventory adopted and maintained by council pursuant to Chapter 7.06 of this title. "Improvement" means any building, structure, place, site, structural work of art, landscape feature, plant life, life - form, scenic condition, parking facility, fence, gate, wall or other object constituting a physical betterment of real property, or any part of such betterment. "Landmark" means any property or improvement, manmade or natural, which has special historic, cultural, architectural, archaeological, community interest or value as part of the development, heritage or history of the city, the state of California, or the nation, and that has been designated as a landmark pursuant to this title. "Ordinary maintenance" means any cleaning, painting, and/or other restoration which does not result in the alteration of an improvement or landmark. "Paleontological site" means an area where fossilized or otherwise preserved remains of plants or animals which generally predate man's emergence on the earth are still evident. "Person" means any individual, association, partnership, firm, corporation, public agency, or political subdivision. "Secretary of the Interior's Standards for Rehabilitation" means the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings by the U.S. Department of the Interior, or the National Park Service. (Supp. No. 6, Update 1 ) Created: 2024-10-10 15:45:36 [EST] Page 2 of 9 14 "Site" means any parcel or portion of real property which has special character or special historic, cultural, archaeological, architectural, community or aesthetic value. (Ord. 536 § 1, 2016; Ord. 238 § 2, 1993; Ord. 207 § 1, 1992) Chapter 7.06 HISTORIC RESOURCES, HISTORIC LANDMARKS AND HISTORIC DISTRICTS 7.06.010 Establishment of historic resources inventory. The city council shall establish and maintain a historic resources inventory according to the requirements of the state historic preservation office. (Ord. 536 § 2, 2016; Ord. 238 § 2, 1993; Ord. 207 § 1, 1992) 7.06.020 Criteria for historic resources inventory. A historic resource may be considered for inclusion in the historic resource inventory based on one (1) or more of the following: A. It exemplifies or reflects special elements of the city's cultural, social, economic, political, aesthetic, engineering or architectural history; or B. It is identified with persons or events significant in local, state or national history; or C. It embodies distinctive characteristics of a style, type, period or method of construction, is a valuable example of the use of indigenous materials or craftsmanship or is representative of a notable work of an acclaimed builder, designer or architect; or D. It is an archaeological, paleontological, botanical, geological, topographical, ecological or geographical site which has the potential of yielding information of scientific value; or E. It is a geographically definable area possessing concentration of site, buildings, structures, improvements or objects linked historically through location, design, setting, materials, workmanship, feeling and/or association, in which the collective value of the improvements may be greater than the value of each individual improvement. (Ord. 536 § 2, 2016; Ord. 238 § 2, 1993; Ord. 207 § 1, 1992) 7.06.030 Landmark designation procedures. Landmarks shall be established by the city council in the following manner: A. Any person may request the designation of an improvement as a landmark by submitting a written request for such designation to the planning commission. The planning commission or city council may also initiate such proceedings by motion. Any such request shall be filed with the planning and development department upon prescribed forms and shall include the following data: 1. Name and address of property owner and assessor's parcel number and address of site; (Supp. No. 6, Update 1 ) Created: 2024-10-10 15:45:36 [EST] Page 3 of 9 15 2. Description of the proposed landmark, including special aesthetic, cultural, architectural or engineering interest or value of a historic nature, including information about the architecture, notable features, construction and other information indicating the historical significance of the site; 3. Sketches, photographs or drawings; 4. Statement of condition of the improvement; 5. Explanation of any known threats to the improvement of the site; 6. Additional information: a. Site plan in appropriate scale, b. Legal description of the property, C. Photographs, old and recent, d. Proposed use, e. Existing zoning, f. Bibliography and references, g. Chain of title, if available. C. Within forty-five (45) days of the date of the request, the commission shall hold a public hearing to review the landmark application according to the criteria of Section 7.06.020. D. Notice of the public hearing shall be published in a paper of local circulation at least ten (10) days prior to the hearing date. In addition, notice of the date, place, time and purpose of the hearing shall be mailed, return receipt requested, to the owner of the proposed landmark property as shown on the last equalized assessment role at least fourteen (14) days prior to the date of the public hearing. Failure to send notice by mail to any property owner when the address of such owner is not on the latest equalized assessment role shall not invalidate any proceedings in connection with the proposed designation. E. A notice of the request for designation as a landmark shall be forwarded to the building and safety department and no building or demolition permits for any alteration to any exterior architectural features of the proposed landmark shall be issued while the matter is pending final decision. After the public hearing, the commission shall, by resolution, make a report and recommendation to the city council. If the commission determines that the improvement does not meet landmark criteria, the process shall terminate and the commission shall notify the property owner and applicant of such termination in writing within ten (10) days of the commission's determination. If the commission determines that the historical resource warrants landmark designation and the property owner has consented to same in writing, then the commission shall submit a written recommendation to the city council incorporating its reasons in support of the proposed landmark designation. Without the property owner's consent to the proposed designation, the proposal shall terminate. G. The city council shall hold a public hearing on the proposed historic landmark designation within thirty (30) days of the receipt of the recommendation from the commission. H. At the conclusion of the public hearing on the proposed designation, the city council shall, by resolution, designate, conditionally designate, or disapprove the designation of the landmark. Written notice of the city council action shall be mailed to the property owner. (Ord. 536 § 2, 2016; Ord. 238 § 2, 1993; Ord. 207 § 1, 1992) Created: 2024-10-10 15:45:37 [EST] (Supp. No. 6, Update 1 ) Page 4 of 9 16 7.06.040 Historic district designation procedures. Historic districts shall be established by the city council in the following manner: A. The procedures for designating a historic district shall be the same as for designating a landmark, except as otherwise provided in this section. Any application for designation of a historic district shall be filed with the planning and development department upon the prescribed form and shall include the following data: 1. Boundaries of the proposed district and a list of names and addresses of property owners, assessor's parcel numbers and addresses of properties within the boundaries; 2. Description of the proposed historic district, including special aesthetic, cultural, architectural or engineering interest or value of a historical nature; 3. Sketches, photographs or drawings; 4. Statement of condition of structures and improvements within the district; 5. Explanation of any known threats to any historic resource within the district; 6. Other information requested by the planning and development department. If written consent of two-thirds (%) of the owners of property within the proposed district to the proposed designation is not obtained at the time of the planning commission hearing, the process shall terminate and the commission shall notify the property owners and applicant of the termination within fourteen (14) days of the commission's determination. D. If the commission determines that the area warrants historic district designation, it shall submit a written recommendation to the city council incorporating its reasons in support of the proposed district designation, within thirty (30) days of its decision. Such recommendation shall include a report containing the following information: 1. A map showing the proposed boundaries of the historic district and identifying all structures within the boundaries, contributing or noncontributing; 2. An explanation of the significance of the proposed district and description of the cultural resources within the proposed boundaries; 3. Recommendations as to appropriate permitted uses, special uses, height and area regulations, minimum dwelling size, floor area, sign regulations, parking regulations and any other modification to existing development standards necessary or appropriate to the preservation of the proposed historic district; 4. Proposed design guidelines for applying the criteria for review of certificates of appropriateness to the nominated historic district. (Ord. 536 § 2, 2016; Ord. 238 § 2, 1993; Ord. 207 § 1, 1992) 7.06.050 De -designation of a landmark property or district. A. Findings of Fact. De -designation of a landmark property or district may be initiated by the property owner or by the City based on one or more of the following findings of fact. 1. New evidence is provided to the City that demonstrates the previously identified historical significance of the landmark property or district has been reduced or no longer exists such that the landmark property or district no longer meets the eligibility criteria; or Created: 2024-10-10 15:45:37 [EST] (Supp. No. 6, Update 1 ) Page 5 of 9 17 The landmark property or district was designated inaccurately based on incorrect information; or The integrity of the landmark property or district itself has been greatly diminished such that it no longer physically conveys its identified historical significance resultant from extensive unintentional damage, fire, flood, or natural disaster. B. Historic Landmark Assessment Report. A Historic Landmark Assessment Report may be required, at the Design and Development Director's discretion, as part of the de -designation request, and will be paid for by the applicant. The Historic Landmark Assessment Report shall respond to the findings of fact included in this section and shall be provided to the Planning Commission and City Council. C. De -designation Procedures Pursuant to the California Environmental Quality Act, the City shall complete the appropriate environmental review for the proposed de -designation process. The Planning Commission shall consider all landmark de -designation requests and associated Historic Landmark Assessment Reports as well as any other information provided by the applicant or the Director. Upon consideration at a regularly scheduled public hearing, the Planning Commission shall forward a recommendation to the City Council to de -designate or to not de - designate the property or district in question. If one or more of the findings of fact exist, the City Council, at a regularly scheduled public hearing, may: a. De -designate the landmark property or district and update or cancel the Mills Act Agreement accordingly; or b. Maintain the previous designation assigned. Filing fees for de -designation of a landmark property or district shall be determined by resolution of the City Council. Chapter 7.08 PERMITS AND PERMIT PROCEDURES 7.08.010 Permits to work on historic resources, landmark or historic district. A. It is unlawful for any person to tear down, demolish, construct, alter, remove or relocate any improvement or any portion thereof which has been designated a historic landmark pursuant to the provisions of this chapter, or which lies within a historic district, or to alter in any manner any feature of such a designated landmark, landmark site or improvement within a historic district without first obtaining a permit in the manner provided in this chapter. B. No board, department or commission shall grant any permit to carry out such work on a designated landmark, landmark site or within a historic district, unless a permit has previously been issued by the city council as provided in this chapter. No application for a building permit, demolition permit, grading permit, redevelopment permit, conditional use permit, variance, development plan, zone change, tentative parcel or subdivision maps, or any other permit which would allow the addition of a designated landmark, landmark site or any improvement in a historical district, shall be deemed complete unless a permit has previously been issued pursuant to this chapter. C. No permit shall be necessary for ordinary maintenance and repair if the proposed work will not alter or change the style, color, design, features or character of the landmark site or improvement and a permit is not required under Section 301(b) of the Uniform Building Code, nor does this chapter prevent the construction, reconstruction, alteration, restoration, demolition or removal of any such improvement when the building and safety department certifies to the council that such action is required for the public safety Created: 2024-10-10 15:45:37 [EST] (Supp. No. 6, Update 1 ) Page 6 of 9 18 due to an unsafe or dangerous condition which cannot be rectified through the use of the State Historical Building Code. (Ord. 238 § 2, 1993; Ord. 207 § 1, 1992) 7.08.020 Permit procedure. A. An application for a permit to do work in a historic district or on a designated landmark shall be submitted to the planning and development department on forms provided by the planning and development director. This application must include the plans and specifications for the proposed work. Within thirty (30) days of the receipt of the complete application the commission shall review the application and shall make a written report to the city council. The city council shall hold a public hearing on the application within thirty (30) days of receipt of the commission's report. Notice of the public hearing shall be given as provided in Section 9.164.040 of this code. B. At the conclusion of the public hearing on the permit application, the city council shall, by resolution, issue or deny, in whole or in part, any permit application. (Ord. 238 § 2, 1993; Ord. 207 § 1, 1992) 7.08.030 Permit criteria. The city council shall issue a permit for the proposed work if, and only if, it determines: A. In the case of a designated historical site, that the proposed work would not detrimentally alter, destroy or adversely affect any architectural or landscape improvement; B. If the owner of a designated historical site or landmark demonstrates to the city council that such property cannot be economically used and denial of a permit would deprive the owner of all or most of his or her economic interest in the property, the council may issue the permit with an effective date one hundred eighty (180) days from the date of issuance of the permit to allow time for the investigation of alternatives to the work proposed in the permit application, such as acquisition of site or improvement by the city or a public interest group; C. In the case of construction of a new improvement, upon a historic site, that the exterior of such improvement will not adversely affect and will be compatible with the external appearance of existing historically designated improvements in said site; D. That the applicant has presented clear and convincing evidence of facts demonstrating to the satisfaction of the city council that such disapproval will impose immediate and substantial hardship on the applicant because of conditions peculiar to the person seeking to carry out the proposed work, whether this be property owner, tenant or resident, or because of conditions peculiar to the particular improvement, or other feature involved, and that approval of the application will be consistent with the purposes of this chapter. (Ord. 238 § 2, 1993; Ord. 207 § 1, 1992) 7.08.040 Duty to keep in good repair. The owner, occupant or other person legally responsible for a landmark or historic district shall keep in good repair all portions of such landmark, district or historic site when subject to control as specified in the designating ordinance or permit and all interior portions and appurtenances thereof whose maintenance is necessary to Created: 2024-10-10 15:45:37 [EST] (Supp. No. 6, Update 1 ) Page 7 of 9 19 prevent deterioration and decay of the historic resource. It shall be the duty of the building and safety director or designee to enforce this section. (Ord. 238 § 2, 1993; Ord. 207 § 1, 1992) 7.08.050 Existing improvements. All repairs, alterations, reconstructions, restorations or changes in use of existing improvements shall conform to the requirements of the state historical building code. (Ord. 238 § 2, 1993; Ord. 207 § 1, 1992) Chapter 7.09 MILLS ACT CONTRACTS 7.09.010 Mills Act contracts A. This section implements the Mills Act (California Government Code section 50280 et seq.), related to landmark property contracts. The Mills Act authorizes local governments to enter into contracts with owners of private landmark property who will preserve and, when necessary, restore and rehabilitate the property. As consideration for the preservation, restoration, and rehabilitation of the property, a Mills Act contract will qualify the property for an assessment of valuation in accordance with California Revenue and Taxation Code section 439 et seq., which may result in tax savings for the property owner. B. An owner of a property that is designated as a landmark pursuant to Title 7 is eligible and may apply to enter into a Mills Act contract with the city. C. The City Council, by resolution, may limit the number of Mills Act contracts the city enters in any calendar yea r. D. When considering whether an applicant is suitable for a Mills Act contract, the city shall evaluate applications that demonstrate any of the following: 1. The property is particularly significant due to its historic integrity, location, or other attribute. 2. The applicant has the ability to preserve and, when necessary, restore and rehabilitate the property. 3. The preservation and, when necessary, restoration and rehabilitation of the property will enhance the city's inventory of historic and cultural resources and landmark properties. E. The Planning Division of the Design and Development Department shall make available Mills Act application materials. A property owner who wishes to enter into a Mills Act contract with the city must submit an application to the Design and Development Director and pay a processing and administrative fee in an amount established by resolution of the city council. The Design and Development Director, or his or her designee, within 60 days of receipt of a complete application, shall determine the applicant's suitability for a Mills Act contract based on subsections B and D above. If the Design and Development Director, or his or her designee, determines the applicant is suitable for a Mills Act contract, the Design and Development Director, or his or her designee, shall prepare and make recommendations on the contents of the contract for consideration by the City Council. (Supp. No. 6, Update 1 ) Created: 2024-10-10 15:45:37 [EST] Page 8 of 9 20 G. The City Council may, in its sole discretion, approve, approve with conditions, or deny the proposed contract. H. A Mills Act contract application that has been denied by the City Council cannot be resubmitted for one year from the date of City Council action. Chapter 7.10 ENFORCEMENT —PENALTIES 7.10.010 Enforcement. A. Whenever any alteration, demolition, relocation, construction, or grading of any site is being done contrary to the provisions of this title, the building and safety director or designee may order the action stopped by notice in writing served on any person or persons engaged in the doing or causing of such action, and any such person or persons shall forthwith stop such activity until authorized by the building and safety director or designee to proceed. B. It is unlawful for any person to carry out any work on any improvement or site in violation of a notice stopping such work. C. Any violation of the provisions of this title shall constitute a public nuisance. (Ord. 238 § 2, 1993; Ord. 207 § 1, 1992) 7.10.020 Restitution. Upon damage, destruction or removal of a historic resource, designated landmark or historic district without permit, the planning commission shall review the action and make recommendation for restitution commensurate with damage inflicted, specifically assessing the historic, as well as economic, value of the resource destroyed. (Ord. 536 § 3, 2016; Ord. 238 § 2, 1993; Ord. 207 § 1, 1992) (Supp. No. 6, Update 1 ) Created: 2024-10-10 15:45:37 [EST] Page 9 of 9 21 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. 621 which was introduced at a regular meeting on the 18th day of March, 2025, and was adopted at a regular meeting held on the 1st day of April, 2025, not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in the Rules of Procedure adopted by City Council Resolution No. 2022-027. MONIKA RADEVA, City Clerk City of La Quinta, California DECLARATION OF POSTING I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on the _ day of , 2025, pursuant to Council Resolution. MONIKA RADEVA, City Clerk City of La Quinta, California 22 CONSENT CALENDAR ITEM NO. 2 City of La Quinta CITY COUNCIL MEETING April 1, 2025 STAFF REPORT AGENDA TITL- : ADOPT RESOLUTION AUTHORIZING THE CITY OF LA QUINTA AS A MEMBER OF THE COACHELLA VALLEY POWER AGENCY, A JOINT EXERCISE OF POWERS AGENCY RECOMMENDATION Adopt a Resolution authorizing the City of La Quinta as a member of the Coachella Valley Power Agency, a Joint Exercise of Powers Agency. EXECUTIVE SUMMARY • The Coachella Valley Power Agency (CVPA) is a joint powers agency operating under California's Joint Exercise of Powers Act, an independent public agency for Riverside County and the Coachella Valley (CV) giving stakeholders the authority to address electrical infrastructure needs and services currently provided by Imperial Irrigation District (IID). • On March 18, 2025, Council authorized La Quinta's membership in the CVPA, and authorized the City Manager to execute the Joint Powers Agreement (JPA). FISCAL IMPACT — None BACKGROUND/ANALYSIS The 99-year Agreement of Compromise, which expires on December 31, 2032, between IID and Coachella Valley Water District (CVWD) made IID the primary electrical service provider for the City and greater Coachella Valley. But the five -member IID Board of Directors has always been limited to Imperial County residents, leaving Riverside County residents ineligible to serve on the Board or elect its members. Today, the CV accounts for approximately 65% of IID's energy revenues. Addressing the growing electrical infrastructure needs of the CV communities served by IID is a top priority for the region. At the 2025 Community Workshop, La Quinta residents listed addressing the pending IID/CVWD Agreement of Compromise and electrical equipment needs as their No. 1 priority. Increasing population, new developments, electrical system reliability, aging infrastructure, capacity limitations, occasional power service outages, and enabling the 23 timely implementation of electric power capital improvements are issues, among others, that have driven the need for CV stakeholders to provide oversight on electrical service matters. The CVPA represents a collaborative approach of various stakeholders to address representation and electrical infrastructure needs of the CV area, currently served by IID, and its members would have the ability to exercise powers to promote, develop, conduct, operate, and manage energy generation and distribution in the eastern CV towards achieving reliable, cost-effective public power. Eligible CVPA members listed in the JPA include the Cities of La Quinta, Indio, Coachella, Indian Wells, Palm Desert and Rancho Mirage, Riverside County, and specified local Native Tribes. On December 3, 2024, Council expressed support for the JPA for the formation and governance of a new joint exercise of powers agency, the CVPA, an independent public agency to be formed and operated under the powers and obligations pursuant to the Joint Exercise of Powers Act (California Government Code Section 6500 et seq.). On March 18, 2025, Council approved the JPA for the CVPA, considered as Business Session Item No. 3, and directed staff to bring back a resolution to memorialize the authorization for the City to be a member of the CVPA. The JPA sets forth various terms and conditions to govern the CVPA, including regular quarterly meetings, procedures for requesting and approving weighted voting, and adopting bylaws and other governing documents. Additionally, pursuant to the JPA, the Coachella Valley Association of Governments (CVAG) is the entity that will administer and manage the CVPA at the beginning of its formation while the CVPA works to hire its own staff. ALTERNATIVES As Council approved the JPA and authorized La Quinta's membership in the CVPA at the March 18, 2025, meeting staff does not propose an alternative. Prepared by: Sherry Barkas / Communications Specialist Approved by: Jon McMillen / City Manager 24 RESOLUTION NO. 2025 — XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AUTHORIZING THE CITY OF LA QUINTA AS A MEMBER OF THE COACHELLA VALLEY POWER AGENCY, A JOINT EXERCISE OF POWERS AGENCY WHEREAS, the 99-year Agreement of Compromise between the Coachella Valley Water District (CVWD) and Imperial Irrigation District (IID), making IID the electrical service provider for the City of La Quinta and the greater Coachella Valley expires on December 31, 2032; and WHEREAS, the IID Board of Directors is comprised of five officials elected by registered voters within IID's jurisdictional boundary, which is limited to Imperial County; and WHEREAS, Riverside County's voters have never been eligible to serve on IID's Board of Directors or vote in IID's elections even though approximately 65% of IID's energy revenues are generated by ratepayers in the Coachella Valley; and WHEREAS, increasing population, new developments, electrical system reliability, aging infrastructure, capacity limitations, occasional power service outages, and enabling the timely implementation of electric power capital improvements are issues, among others, that have driven the need for Coachella Valley stakeholders to provide oversight on electrical service matters; and WHEREAS, addressing the growing electrical infrastructure needs in the Coachella Valley communities served by IID is an imperative priority for the City of La Quinta and the region; and WHEREAS, on December 3, 2024, the City Council expressed support for that certain Joint Powers Agreement (JPA), incorporated herewith as Exhibit A, for the formation and governance of a new joint exercise of powers agency, the Coachella Valley Power Agency (CVPA), an independent public agency to be formed and operating under the powers and obligations pursuant to the Joint Exercise of Powers Act, California Government Code Section 6500 et seq., which independent public agency would give stakeholders the authority to address electrical infrastructure needs and services; and WHEREAS, on December 12, 2024, the IID Coachella Valley Energy Commission (disbanded effective December 31, 2024) adopted a resolution endorsing the draft JPA for the CVPA as the best way to move forward; and 25 Resolution No. 2025 — xxx Authorizing La Quinta's Membership in the Coachella Valley Power Agency Adopted: April 1, 2025 Page 2 of 3 WHEREAS, on March 18, 2025, the City Council at its regular meeting approved the JPA for the CVPA and directed staff to bring back a resolution to memorialize the authorization for the City of La Quinta to be a Member of the CVPA; and WHEREAS, the CVPA represents a collaborative approach of various stakeholders to address representation and electrical infrastructure needs of the Coachella Valley; and WHEREAS, members of the CVPA would have the ability to exercise powers to promote, develop, conduct, operate, and manage energy generation and distribution in the eastern Coachella Valley toward achieving reliable, cost-effective public power; and WHEREAS, the JPA lists the proposed initial members of the CVPA, which include the Cities of La Quinta, Indio, Coachella, Indian Wells, Palm Desert, and Rancho Mirage, as well as Riverside County and specified local Native Tribes; and WHEREAS, the JPA sets forth various terms and conditions to govern the CVPA, including regular quarterly meetings, procedures for requesting and approving weighted voting, and adopting bylaws and other governing documents; and WHEREAS, the Coachella Valley Association of Governments (CVAG) is the entity that, in accordance with the JPA, will administer and manage the CVPA at the beginning of its formation while the CVPA works to hire its own staff. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The foregoing recitals are true and correct, and constitute the findings of the City Council. SECTION 2. That the City Council hereby authorizes the City of La Quinta to be a Member of the Coachella Valley Power Agency, a California Joint Exercise of Powers Agency established and operating pursuant to the Joint Exercise of Power Act, Government Code Section 6500 et seq. SECTION 3. The authorization for the City of La Quinta to be a Member of the Coachella Valley Power Agency shall remain in place unless and until either: (a) the City Council adopts a Resolution to withdraw as a Member pursuant to applicable terms and conditions in the Joint Powers Agreement for the Coachella Valley Power Agency, or (b) the Coachella Valley Power Agency is terminated pursuant to the Joint Powers Agreement, the provisions of the Joint Exercise of Powers Act, or other applicable law. SECTION 4. The City Manager, or designee, is hereby authorized and directed to take such other and further actions, and execute such other and further agreements and 26 Resolution No. 2025 — xxx Authorizing La Quinta's Membership in the Coachella Valley Power Agency Adopted: April 1, 2025 Page 3 of 3 documents, as are necessary and proper in order to implement this Resolution on behalf of the City. SECTION 6. This Resolution shall go into effect upon adoption. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 1 st day of April, 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 27 Resolution No. 2025-007 Coachella Valley Power Agency JPA Adopted: April 1, 2025 COACHELLA VALLEY POWER AGENCY JOINT POWERS AGREEMENT Draft Dated 3-14-2025 Among the Following Parties: Augustine Band of Cahuilla Indians Cabazon Band of Cahuilla Indians City of Coachella Coachella Valley Water District Torres Martinez Desert Cahuilla Indians City of Indio City of Indian Wells City of La Quinta Twenty -Nine Palms Band of Mission Indians City of Palm Desert County of Riverside City of Rancho Mirage *:/:I 13 h r_1 65285.00001 \42665621.4 COACHELLA VALLEY POWER AGENCY JOINT POWERS AGREEMENT This Joint Powers Agreement ("Agreement"), dated for reference purposes as of May 1, 2025, is made and entered into pursuant to the provisions of Title 1, Division 7, Chapter 5, Article 1 (Section 6500 et seq.) of the California Government Code relating to the joint exercise of powers among the parties set forth in Exhibit B (individually "Party" or "Member", collectively "Parties" or "Members"). The term "Parties" or "Members" shall also include an incorporated municipality, county, Indian tribe or other eligible entity added to this Agreement in accordance with Section 2.4. RECITALS A. Chapter 5 of Division 7 of Title 1 of the California Government Code (the "Act") authorizes the Parties to create a joint exercise of powers entity which has the power to exercise any powers common to the Parties and to exercise additional powers granted to it under the Act or other California statutes, as applicable. B. The Parties share various powers under California law, including but not limited to the power to manage, own, operate, purchase, supply, transport, aggregate electricity related enterprises, facilities, equipment, and programs for themselves and customers within their jurisdictions. C. The Parties, by and through this Agreement, desire to establish a separate public agency, known as the Coachella Valley Power Agency, or CVPA, under the provisions of the Act (including without limitation Section 6502.1 of the Act), in order to collectively: (i) work collaboratively with the Imperial Irrigation District (10") to enable flexibility in addressing the unique needs of CVPA, subgroups of its Members and each of its Members concerning generation and distribution electric services in the eastern Coachella Valley, and (ii) evaluate pathways to transition into a standalone provider of electric generation and distribution services in the eastern Coachella Valley. D. The purpose of this Agreement is to establish an independent public agency, in order to exercise powers common to each Party, and to exercise additional powers granted to it under the Act and or other relevant legislative authorization(s), including to promote, develop, conduct, operate, and manage energy generation and distribution in the eastern Coachella Valley toward achieving reliable, cost-effective public power. E. The purpose and intent further include long- and short-term investigation for establishing a stand-alone, integrated publicly -owned electric utility Coachella Valley Power Agency Joint Powers Agreement March 14, 2025 65285.00001 \42665621.4 29 that is locally controlled and supports anticipated growth and development in eastern Coachella Valley, delivery of cost -competitive electricity, product choice, price stability, and augments energy -related climate goals of the Members. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions hereinafter set forth, it is agreed by and among the Parties as follows: ARTICLE 1: DEFINITIONS AND EXHIBITS 1.1 Definitions. Capitalized terms used in the Agreement shall have the meanings specified in Exhibit A, unless the context requires otherwise. 1.2 Documents Included. This Agreement consists of this document and the following exhibits, all of which are hereby incorporated into this Agreement. Exhibit A: Definitions Exhibit B: List of the Proposed Initial Parties Exhibit C: Annual Energy Use Exhibit D: Voting Shares Exhibit E: Signatures ARTICLE 2: FORMATION OF COACHELLA VALLEY POWER AGENCY 2.1 Effective Date and Term. This Agreement shall become effective and CVPA shall exist as a separate public agency on May 1, 2025, or when at least three of the proposed initial Parties listed in Section 2.4.1 representing a total of at least 50% of the "Annual Energy %" listed in Exhibit C execute this Agreement, whichever occurs later. CVPA shall provide notice to the Parties of the Effective Date. CVPA shall continue to exist, and this Agreement shall be effective, until this Agreement is terminated in accordance with Section 6.4, subject to the rights of the Parties to withdraw from CVPA. 2.2 Formation. There is formed as of the Effective Date a public agency named Coachella Valley Power Agency. Pursuant to Sections 6506 and 6507 of the Act, CVPA is a public agency separate from the Parties. Pursuant to Section 6508.1 of the Act, the debts, liabilities or obligations of CVPA shall not be debts, liabilities or obligations of the individual Parties unless the governing board of a Party agrees in writing to assume any of the debts, liabilities or obligations of CVPA. A Party who has not agreed to assume a CVPA debt, liability or obligation shall not be responsible in any way for such debt, liability or obligation even if a majority of the Parties agree to assume the debt, liability or obligation of Coachella Valley Power Agency Joint Powers Agreement March 14, 2025 65285.00001 \42665621.4 30 CVPA. Notwithstanding the above, if CVPA contracts with a public retirement system, the above provisions shall not apply with respect to the retirement liabilities of CVPA pursuant to Section 6508.1 of the Act. Notwithstanding Section 7.5 of this Agreement, this Section 2.2 may not be amended unless such amendment is approved by the governing body of each Party. 2.2.1 Name. CVPA may change its name at any time through adoption of a resolution of the Board of Directors. 2.3 Purpose. The purpose of this Agreement is to establish an independent public agency in order to exercise powers common to each Party, and to exercise additional powers granted to it under the Act and or other relevant legislative authorization(s), in order to collectively address the unique needs of CVPA and each of its members concerning electric service in the eastern Coachella Valley and study and evaluate pathways to a transition to a standalone provider of electrical services in the eastern Coachella Valley. The purpose and intent further include long - and short-term investigation, planning, constructing, owning, operating and managing power generation and delivery facilities through collaborative arrangements with one or more power related organizations. Such investigations could include any or all of the following: a. Providing IID with the flexibility and ability to address the unique concerns and needs of CVPA and its individual Members, wherein it may be appropriate to apply rates, rules, regulations, and/or orders within the Coachella Valley that may differ from the rates, rules, regulations, and/or orders applicable to electric service within IID's general jurisdictional boundary. b. Evaluating pathways to a transition to a standalone provider of electrical services in the eastern Coachella Valley. Establishing a stand-alone, integrated publicly owned utility. Cl. Planning, constructing, owning, operating and managing electric power generation and distribution facilities within or for the benefit of the jurisdictions of the Parties within the eastern Coachella Valley. e. Providing electric power and other forms of energy and energy services to customers at a competitive cost. f. Promoting long-term electric rate stability, energy security, quality and reliability for residents through local control of electric Coachella Valley Power Agency Joint Powers Agreement March 14, 2025 65285.00001 \42665621.4 31 generation resources and other energy related equipment and facilities. g. Providing a vehicle for Parties to discuss, plan, implement and manage energy related policies which may benefit the Parties and the constituencies they represent. h. Reviewing, promoting and administering, as applicable, effective and efficient use and allocation of Public Benefits Charge(s) pursuant to California Public Utilities Commission collection of such charges, or similar successor charges, for Members of CVPA. i. Carrying out efficiency and conservation programs related to energy consumption. j. Coordinating, cooperating and contracting with other energy related organizations to attain and improve energy production, efficiency and delivery facilities affecting the Parties and neighboring jurisdictions. k. Entering into collaborative relationships with neighboring public power entities and other organizations and companies to help achieve the power supply generation and delivery goals of the Parties. I. Stimulating and sustaining the local economy by developing local jobs in renewable and conventional energy. 2.4 MembershiD in CVPA. 2.4.1 The eligible initial Members of CVPA are the Augustine Band of Cahuilla Indians, the Cabazon Band of Cahuilla Indians, the City of Coachella, the Coachella Valley Water District, the Torres Martinez Desert Cahuilla Indians, the City of Indio, the City of Indian Wells, the City of La Quinta, the Twenty -Nine Palms Band of Mission Indians, the City of Palm Desert, the County of Riverside, and the City of Rancho Mirage. Any of the above - named eligible initial Members may join CVPA by approving and executing this Agreement before or after the Effective Date and delivering a copy of the executed Agreement to the Members and, if this Agreement is already effective, the CVPA secretary. 2.4.2 Any other city, county or other eligible party may request to become a member of CVPA by submitting a resolution adopted by its City Council, Board of Supervisors, Tribal Council, Board of Directors or other official governing body, to the Board of CVPA. Coachella Valley Power Agency Joint Powers Agreement March 14, 2025 65285.00001 \42665621.4 32 The Board shall review the request and shall vote to approve or disapprove the request. Such request shall be subject to approval by two-thirds of the Board as described in Section 3.8.3. The Board may establish conditions, including but not limited to financial conditions, under which the prospective member may become a member of CVPA. The Board shall notify the then Members of CVPA of this request and the date that the request will be on the Board's meeting agenda for action. The date set for Board action shall be at least forty-five (45) days from the date the notice is mailed to the Members. If the request is approved by the Board, the city, county or other eligible party shall become a member of CVPA under the terms and conditions set forth by the Board and upon approval and execution of this Agreement by the requesting city, county, or party. 2.4.3 Nothing in this Agreement shall preclude a Party from establishing or operating a municipal electric utility, either as a separate legal entity or as a utility service provided by the establishing Party. 2.5 Powers. CVPA shall have all powers common to the Parties and such additional powers accorded to it by law. CVPA is authorized, in its own name, to exercise all powers and do all acts necessary and proper to carry out the provisions of this Agreement and fulfill its purposes, including, but not limited to, each of the following powers, subject to the voting requirements set forth in Section 3.8: 2.5.1 to make and enter into contracts; 2.5.2 to employ agents and employees, including but not limited to an Executive Officer; 2.5.3 to lease, acquire, construct, contract, manage, maintain, and operate any buildings, infrastructure, works, or improvements; 2.5.4 to acquire property by eminent domain, or otherwise, except as limited under Section 6508 of the Act, and to hold or dispose of any property, improvements or equipment; however, CVPA shall not exercise the power of eminent domain within the jurisdiction of a Party over its objection without first meeting and conferring in good faith; 2.5.5 to sue and be sued in its own name; 2.5.6 to incur debts, liabilities, and obligations, including but not limited to loans from private lending sources pursuant to its temporary borrowing powers such as Government Code Sections 53850 et seq. and authority under the Act; Coachella Valley Power Agency Joint Powers Agreement March 14, 2025 65285.00001 \42665621.4 33 2.5.7 to form subsidiary or independent corporations or entities, if necessary, to carry out energy supply, energy delivery and energy conservation programs at the lowest reasonable cost or to take advantage of legislative or regulatory programs and funding; 2.5.8 to issue revenue bonds and other forms of indebtedness; 2.5.9 to apply for, accept, and receive all licenses, permits, grants, loans or other aids from any federal, state, or local public agency or individuals or private entities; 2.5.10 to submit documentation and notices, register, and comply with orders, tariffs and agreements for the establishment and implementation of CVPA's services, facilities and other energy programs; 2.5.11 to adopt ordinances, policies, bylaws, rules, and regulations related to CVPA operations; 2.5.12 to establish ordinances, policies, rules, rates, fees, charges and surcharges (including without limitation development impact fees) related to the acquisition, generation, and distribution of energy, the provision of energy services, the acquisition of land, improvements and equipment related thereto, and programs, projects and general operations undertaken within Member service territories; 2.5.13 to make and enter into service agreements relating to the provision of services necessary to plan, implement, construct, own, operate and administer CVPA energy services, programs, including the acquisition of electric power supply and electric generation and distribution facilities, and the provision of retail and regulatory support services; 2.5.14 to invest money in its treasury, pursuant to Government Code Section 6505.5 et seq., that is not required for the immediate necessities of CVPA, as CVPA determines advisable, in the same manner and on the same conditions as local agencies pursuant to Government Code Section 53601, et seq.; 2.5.15 to assume the rights and obligations of any Member related to the purpose of this Agreement, and to assume the rights and obligations of any other public agency or utility by agreement or other lawful method; 2.5.16 to carry out and enforce all provisions of this Agreement; March 14, 2025 65285.00001 \42665621.4 Coachella Valley Power Agency Joint Powers Agreement 34 2.5.17 to exercise any and all powers which are provided for in the Act, as they exist on the Effective Date of this Agreement or may hereafter be amended; and 2.5.18 to permit additional parties to enter into this Agreement after the Effective Date. 2.6 Limitation on Powers. CVPA shall, in addition, have all implied powers necessary to perform its functions. It shall exercise its powers only in a manner consistent with the provisions of applicable law, this Agreement and its bylaws. In accordance with Government Code Section 6509, the powers of CVPA shall be exercised in the manner prescribed in the Joint Exercise of Powers Act, Government Code Sections 6500 et seq., as that Act now exists and may hereafter be amended, and shall be subject to the restrictions upon the manner of exercising such powers that are imposed upon the City of Palm Desert, a charter city, in the exercise of similar powers; provided, however, that if the City of Palm Desert does not become a member or shall cease to be a Member, then CVPA shall be restricted in the exercise of its power in the same manner as the City of La Quinta, a charter city. ARTICLE 3: GOVERNANCE AND INTERNAL ORGANIZATION 3.1 Governing Body. CVPA shall be governed by a legislative body known as the Board of Directors ("Board"). The Board shall consist of one (1) Director appointed by each of the Members. Each Director shall serve at the pleasure of the governing body of the Party appointing such Director, and may be removed as Director by such governing board at any time. If at any time a vacancy occurs on the Board, a replacement shall be appointed by the affected Party to fill the position of the previous Director within 30 days of the date that such position becomes vacant. Directors shall be elected officials of the appointing Party that is a signatory to this Agreement. Each Party may appoint an alternate to serve in the absence of its Director. Alternates shall be elected officials of the appointing Party that is the signatory to this Agreement. The County of Riverside may designate an alternate that is an elected official from any District 4 agency which is not a member of CVPA, given that such agency's jurisdiction falls wholly or in part within the jurisdictional boundaries of CVPA. The Board shall exercise all powers and conduct all business of CVPA, either directly or by delegation to other bodies or persons pursuant to this Agreement. For any vacancy in Director and Alternate positions, quorum determination and Board voting mechanisms shall be adjusted as provided in Sections 3.7 and 3.8 of this Agreement. The governing body of a Member may designate a duly appointed Director from another Member to represent and vote on behalf of such designating Member on all CVPA matters affecting the designating Member. Such designation as a proxy must be made annually in writing Coachella Valley Power Agency Joint Powers Agreement March 14, 2025 65285.00001 \42665621.4 35 at least thirty (30) days before the start of a new CVPA fiscal year and must be effective for the entirety of the forthcoming fiscal year. For the fiscal year in which this Agreement becomes effective, a written notice by a Member designating another Member to act on its behalf may be submitted at any time and will remain in effect for the remainder of that fiscal year. If a designating Member's Director (or Alternate) is present at any CVPA meeting, such Director (or Alternate) may participate directly on its own behalf. If additional cities, counties or other eligible entities join CVPA, as set forth in Section 2.4, each city, county or other eligible entity that becomes a member of CVPA shall be entitled to one (1) Director and one (1) Alternate appointed as set forth above. Ex Officio Directors. The Board may appoint ex officio members of the Board. Ex officio directors shall receive all meeting notices, shall have the right to participate in Board discussions and the right to place items on the agenda but shall not be counted towards a quorum or attend closed session and shall have no vote. 3.2 Regular Board Meetings. The Board shall hold at least one regular quarterly meeting and shall provide for such other regular meetings as it deems necessary. Meetings of the Board shall be held at such locations as authorized under the Ralph M. Brown Act (California Government Code Sections 54950 et seq.), and at such times as may be designated from time to time by the Board. Directors may participate in meetings telephonically or electronically, with full voting rights, only to the extent permitted by law. All meetings shall be conducted in accordance with the provisions of the Ralph M. Brown Act. 3.3 Special Meetings of the Board. Subject to all noticing requirements of the Ralph M. Brown Act, special meetings of the Board may be called in accordance with the provisions of California Government Code Sections 54956 and 54956.5, to be held at such times and places within one of the member jurisdictions as may be ordered by the Chair (and at such other locations as allowed under the Ralph M. Brown Act). A majority of the Board may also call a special meeting for any purpose. 3.4 Chair and Vice -Chair. The Directors shall select, from among themselves, a Chair, who shall be the presiding officer of all Board meetings, and a Vice Chair, who shall serve in the absence of the Chair. The Chair and Vice Chair shall serve at the pleasure of the Board. There shall be no limit on the number of terms held by either the Chair or Vice Chair. 3.5 Conduct of Meetings. The Chair or, in the absence of the Chair, the Vice - Chair, shall preside at all meetings of the Board. Coachella Valley Power Agency Joint Powers Agreement March 14, 2025 65285.00001 \42665621.4 36 3.6 Resignation of a Director. Any Director may resign effective on giving written notice to the Board Chair or CVPA secretary, unless the notice specifies a later time for the effectiveness of such resignation. A successor shall be appointed by the affected Member as provided for in this Agreement. 3.7 Quorum. A quorum for the transaction of business shall exist if a meeting is attended by at least three (3) Directors representing more than 50% of the Weighted Voting Shares of the Parties. A quorum shall exist for the transaction of business if a meeting is attended by at least three (3) Directors representing a majority of the of the Members based on Weighted Vote Shares as described in 3.17.1(c) of this Agreement. In all instances a quorum must consist of at least three (3) Directors physically or telephonically present pursuant to the Ralph M. Brown Act. Ex officio, non -voting directors shall not be included when calculating the number of Directors necessary to constitute a quorum or the number of votes necessary to approve an action. In the event that a Member has failed to designate a Director, or a Member's designated Director has died, resigned, left office, been removed from office, and a replacement Director has not yet been designated, and there is no designated Alternate, and there is no other Member's representative designated to act on the designating Member's behalf by proxy, such that a Member has no duly acting representative on the Board, then that Member's vacant Board position shall not be included when calculating the number of Directors necessary to constitute a quorum or the number of votes necessary to approve an action. No action may be taken by the Directors if a quorum of the Board is not present. In the absence of a quorum, any meeting of the Board may be adjourned from time to time by a vote of the majority present, but no other business may be transacted except as provided for in this Section. If any Member's Director, Alternate and designated proxy representative has been absent from three (3) or more consecutive Board meetings, that Member's Director and Alternate positions shall automatically become vacant and any proxy designation shall automatically be temporarily invalidated, each upon the conclusion of such third consecutive Board meeting at which the Member was not represented. Thereafter, such Member shall not be included when calculating the number of Directors necessary to constitute a quorum or the number of votes necessary to approve an action until the Member has filled the vacancy or vacancies in the Director and Alternate positions or redesignated its proxy for the applicable fiscal year, and such appointed March 14, 2025 Coachella Valley Power Agency Joint Powers Agreement 65285.00001 \42665621.4 10 37 or reappointed Director, Alternate, or designated proxy attends a subsequent Board meeting. 3.8 Voting. Except as otherwise expressly provided in this Agreement or required by law, every act or decision by the Board shall be made by: (1) an affirmative vote of a majority of all Directors who are present at the meeting ("Equal Vote"); or (2) if requested as described below, an affirmative vote of at least three (3) Directors representing a majority of the Weighted Vote Share of the Members represented at the meeting ("Weighted Vote"). "Weighted Vote Share" is defined below. 3.8.1 Weighted Vote and Weighted Vote Shares Upon request of one (1) or more Directors, a Weighted Vote will be conducted. Each Member shall have a "Weighted Vote Share" as determined by the following formula: ([Total Annual Energy Use (expressed in MWh) in the Member's jurisdiction / combined Total Annual Energy Use in all Members'represented at the meeting], expressed as a percentage to two decimal places. Annual Energy Use values are to be based on total actual or estimated retail energy sales or consumption of all Members' respective electric customer (or Member) accounts, as applicable, as of December 31 of the most recent year for which such data is available. In the absence of actual data, the Board may approve the use of reasonably estimated Annual Energy Use values or other suitable method for determining or estimating applicable Member energy usage. 3.8.2 Exhibit Showing Weighted Vote Shares. The initial Weighted Vote Shares of the proposed initial Parties are set forth in Exhibit D based on data available / estimated as of the December 31 immediately preceding the Effective Date of this Agreement. Exhibit D shall be revised annually or as necessary to account for changes in the number of Members and or changes in the Members' annual MWh retail energy usage. Adjustments to Exhibit D shall be approved by a majority vote of the Board and shall not be considered an amendment to this Agreement. For the avoidance of doubt, the Parties acknowledge and agree that the Weighted Vote Shares shown in Exhibit D assume that representatives of all Members will attend meetings of the Board; however, the actual Weighted Vote Share may vary based on the actual Members represented at a meeting by a Director, Alternate, or proxy. March 14, 2025 Coachella Valley Power Agency Joint Powers Agreement 65285.00001 \42665621.4 11 38 3.8.3 Special Voting Requirements for Certain Matters. (a) Two -Thirds and Weighted Vote Approval Reauirements Relatina to Sections 6.2 and 7.5. March 14, 2025 Notwithstanding any other provision of this Agreement, action of the Board on the matters set forth in Section 2.4.2 (approval of membership of certain agencies), Section 6.2 (involuntary termination of a Member), or Section 7.5 (amendment of this Agreement) shall require the affirmative vote of at least two-thirds of Directors present; provided, however, that: (i) notwithstanding the foregoing, any one (1) or more Directors present at a meeting may demand that the vote be determined on the basis of Weighted Vote Shares, and if any one (1) or more Directors make such a demand, then approval shall require the affirmative vote of Directors having at least two-thirds of the Weighted Vote Shares present, as determined by Section 3.8.1; and (ii) for votes to involuntarily terminate a Member under Section 6.2, the Director for the Member subject to involuntary termination may not vote, and the number of Directors constituting two-thirds of all Directors, and the Weighted Vote Share of each Member shall be recalculated as if the Member subject to possible termination were not a Member. (b) Seventy -Five Percent Special Voting Requirement for Eminent Domain A decision to exercise the power of eminent domain on behalf of CVPA to acquire any property interest shall require a vote of at least 75% of all Directors. Notwithstanding the foregoing, any one (1) or more Directors present at the meeting may demand that a vote under subsections (i) be determined on the basis of Weighted Vote Shares, and if any one (1) or more Directors make such a demand, then approval shall require the affirmative vote of Directors having at least 75% of all Weighted Vote Shares, as determined by Section 3.8.1, as well as two-thirds of all Directors. (c) Seventy -Five Percent Special Voting Requirement for Contributions or Pledge of Assets. (i) The imposition on any Member of any obligation to make contributions or pledge assets as a condition Coachella Valley Power Agency Joint Powers Agreement 65285.00001 \42665621.4 12 39 of continued participation CVPA shall require a vote of at least 75% of all Directors and the approval of the governing bodies of the Members which are being asked to make such contribution or pledge. (ii) Notwithstanding the foregoing, any one (1) or more Directors present at the meeting may demand that a vote under subsection (i) be determined on the basis of Weighted Vote Shares, and if any one (1) or more Directors make such a demand, then approval shall require the affirmative vote of Directors having at least 75% of all Weighted Vote Shares, as determined by Section 3.8.1. For purposes of this section, "imposition on any Member of any obligation to make contributions or pledge assets as a condition of continued participation in CVPA" does not include any obligations of a withdrawing or terminated Member imposed under Section 6.3. 3.9 Other Officers. The Executive Officer of CVPA shall be the secretary of CVPA, or as otherwise determined by the Board. Any officer, employee or agent of any Member of CVPA may also be an officer, employee, or agent of any of the Members. CVPA shall have the power to appoint such additional officers and to employ such employees and assistants as may be appropriate. Unless otherwise specified through a staffing arrangement with CVAG, each and all of said officers, employees and assistants shall serve at the pleasure of CVPA and shall perform such duties and shall have such powers as CVPA may, from time to time, determine. Any officer may resign at any time by giving written notice to the secretary. Any such resignation shall be effective upon receipt of such notice or at any later time specified in the notice. Officers shall assume the duties of their offices immediately after their appointment and shall hold office until their successors are appointed, except in the case of their removal or resignation. Vacancies of officers shall be filled by appointment of the Board and such appointee shall hold office until the appointment of his or her successor. 3.10 Minutes. The secretary of CVPA shall cause to be kept minutes of regular, adjourned regular and special meetings of the Board. The secretary shall cause a copy of all minutes, along with copies of all ordinances and resolutions, to be forwarded to each of the Parties hereto. 3.11 Rules. The Board may adopt rules or bylaws governing meetings if not inconsistent or in conflict with this Agreement. March 14, 2025 Coachella Valley Power Agency Joint Powers Agreement 65285.00001 \42665621.4 13 40 3.12 Powers and Functions of the Board. The Board shall exercise general governance and oversight over the business and activities of CVPA, consistent with this Agreement and applicable law. Board approval shall be required for any of the following actions: 3.12.1 The issuance of bonds or any other financing even if program revenues are expected to pay for such financing. 3.12.2 The appointment or termination of the Executive Officer. 3.12.3 The appointment or removal of officers. 3.12.4 Any decision to provide retirement or post -retirement benefits that are defined benefit programs, subject to the requirements of section 5.3.4, below. 3.12.5 The adoption of the Annual Budget or resolution. 3.12.6 The adoption of an ordinance. 3.12.7 The approval of agreements, except as delegated by the Board pursuant to an adopted ordinance or resolution, policy, rule, motion or similar enactment. 3.12.8 The initiation or resolution of claims and litigation where CVPA will be the defendant, plaintiff, petitioner, respondent, cross complainant or cross petitioner, or intervenor; provided, however, that: (1) the Executive Officer or General Counsel, on behalf of CVPA, may intervene in, become a party to, or file comments with respect to any proceeding pending at the California Public Utilities Commission, the Federal Energy Regulatory Commission, or any other administrative agency, without approval of the Board as long as such action is consistent with any adopted Board policies; and (2) the Board may delegate authority to reject or settle claims or potential litigation in accordance with appropriate thresholds under an adopted ordinance, policy, rule, motion or similar enactment. 3.12.9 The setting or authorization of rates for any power sold by CVPA and the setting or authorization of any rates, fees, or charges for any other category of service provided by CVPA. 3.12.10 Termination of Board -approved CVPA programs or services. 3.13 CVAG's Participation. CVAG shall provide, under contract with CVPA, administrative services required by CVPA during the first five (5) years of the implementation of CVPA; and thereafter as the administrative services contract may be renewed from time to time by CVPA, and shall Coachella Valley Power Agency March 14, 2025 Joint Powers Agreement 65285.00001 \42665621.4 14 41 exercise such other powers and duties as the Board deems necessary to achieve the purposes of this Agreement. During any such term, CVAG's Executive Director may serve as the secretary of CVPA. 3.14 Executive Officer. Except as may be provided pursuant to any administrative services agreement referenced in Section 3.13, the Board of Directors shall have the authority to appoint an Executive Officer for CVPA, who would be responsible for the day-to-day operation and management of CVPA. The Executive Officer may be retained under contract with CVPA, be an employee of CVPA, be an employee of CVAG, or be an employee of one of the Parties, as determined by the Board. If appointed, the Executive Officer shall report directly to the Board and serve as staff to CVPA. Except as otherwise set forth in this Agreement, the Executive Officer may exercise all powers of CVPA, including the power to hire, discipline and terminate employees. Any Executive Officer shall serve at the pleasure of the Board. Notwithstanding the other provisions of this section or this Agreement, the Board may determine alternative arrangements for management of the day-to-day administration and operation of CVPA in lieu of appointment of an Executive Director, including without limitation pursuant to an administrative services agreement pursuant to Section 3.13 or establishing a position with similar powers and duties as a potential Executive Director. 3.15 CVPA Staff. Except as may be provided pursuant to any administrative services agreement referenced in Section 3.13, CVPA may contract with CVAG for staff services, retain its own staff, or contract with another entity for staff services. Unless other employment is approved by the Board, the CVPA Executive Officer may utilize CVAG staff as may be necessary to accomplish the purposes of CVPA. CVAG and CVPA will agree on a method of compensation for CVAG's services, which may include without limitation compensation for staff time, as well as office expenses, direct and indirect overheads, utilizing direct billing and other accounting practices that provide for a clear separation and allocation of funds. 3.16 Commissions, Boards, and Committees 3.16.1 The Board may establish commissions, boards or committees, including but not limited to a standing executive committee of the Board, as the Board deems appropriate, to assist the Board in carrying out its authority and functions under this Agreement and may delegate authority to such commissions, boards or committees as set forth in a Board resolution. Such delegation may be modified, amended or revoked at any time the Board may deem appropriate. Any decision delegated pursuant to this March 14, 2025 Coachella Valley Power Agency Joint Powers Agreement 65285.00001 \42665621.4 15 42 subsection may be appealed to the Board, as the Board so determines. 3.16.2 The Board may also establish any advisory commissions, boards, and committees as the Board deems appropriate to assist the Board in carrying out its functions and implementing CVPA objectives, or other energy programs and the provisions of this Agreement. 3.16.3 If any board, commission or committee formed under this section qualifies as a legislative body pursuant to the Ralph M. Brown Act, such board, commission or committee shall comply with the requirements thereof. The Board may establish rules, regulations, policies, bylaws or procedures to govern any such commissions, boards, or committees, and shall determine whether members shall be compensated or entitled to reimbursement for expenses. 3.17 Member Consent: CVPA Rates, Rules, Regulations and Orders. Each Member on behalf of CVPA or, as applicable, the governing body of its respective jurisdiction, hereby consents to provisions adopted by CVPA or by an individual Member that implements ordinances, policies, rates, rules, regulations and/or orders applicable to electric service within the Coachella Valley or within the jurisdiction of the Member that may differ from the ordinances, rates, rules, regulations and/or orders applicable to electric service in IID's jurisdictional boundary, as authorized by California Water Code Section 22123. 3.18 Treasurer and Auditor. The Treasurer shall function as the combined offices of Treasurer and Auditor pursuant to Government Code Section 6505.6 and shall strictly comply with the statutes related to the duties and responsibilities specified in Section 6505.5 of the Act. The Treasurer for CVPA shall be the depository and have custody of all money of CVPA from whatever source and shall draw all warrants and pay demands against CVPA as approved by the Board. The Treasurer shall cause an independent audit(s) of the finances of CVPA to be made by a certified public accountant, or public accountant, in compliance with Section 6505 of the Act. The Treasurer shall report directly to the Board and shall comply with the requirements of treasurers of incorporated municipalities. The Board may transfer the responsibilities of Treasurer to any person or entity as the law may provide at the time. The duties and obligations of the Treasurer are further specified in Article 5. The Treasurer shall serve at the pleasure of the Board. 3.19 Administrative Services Provider. The Board may appoint one or more administrative services providers to serve as CVPA's agent for planning, March 14, 2025 Coachella Valley Power Agency Joint Powers Agreement 65285.00001 \42665621.4 16 43 implementing, operating and administering CVPA, and any other service or program approved by the Board. The appointed administrative services provider may be one of the Members, or CVAG as provided in Section 3.13. A separate services agreement shall set forth the terms and conditions by which the appointed administrative services provider(s) shall perform or cause to be performed tasks necessary for planning, implementing, operating and administering CVPA and other approved services or programs. Any such services agreement shall set forth the terms and the circumstances under which the services agreement may be terminated by CVPA. This section shall not in any way be construed to limit the discretion of CVPA to hire its own employees to administer all or any portion of CVPA activities or any other program. ARTICLE 4: IMPLEMENTATION ACTION AND CVPA DOCUMENTS 4.1 Participation in CVPA. To be eligible to participate in CVPA, each Party's governing body must approve a resolution or motion authorizing the execution of this Agreement and appointing a Director and Alternate. New members must be approved by the Board in accordance with this Agreement. 4.2 CVPA Documents. The Parties acknowledge and agree that the affairs of CVPA will be implemented through various documents duly adopted by the Board through Board action. The Parties agree to abide by and comply with the terms and conditions of all such documents that may be adopted by the Board, subject to the Parties' right to withdraw from CVPA as described in Article 6. ARTICLE 5: FINANCIAL PROVISIONS 5.1 Fiscal Year. CVPA's fiscal year shall be the contiguous 12 month period commencing July 1 and ending June 30. The fiscal year may be changed by Board resolution. 5.2 Depository. 5.2.1 All funds of CVPA shall be held in separate accounts in the name of CVPA and not commingled with funds of any Party or any other person or entity. 5.2.2 All funds of CVPA shall be strictly and separately accounted for, and regular reports shall be rendered of all receipts and disbursements, at least quarterly during the fiscal year. The books and records of CVPA shall be open to inspection by the Parties at all reasonable times. The Board shall contract with a Coachella Valley Power Agency Joint Powers Agreement March 14, 2025 17 65285.00001 \42665621.4 44 certified public accountant or public accountant to make an annual audit of the accounts and records of CVPA, which shall be conducted in accordance with the requirements of Section 6505 of the Act. 5.2.3 All expenditures shall be made in accordance with the approved budget and upon the approval of any officer so authorized by the Board in accordance with its Operating Rules and Regulations. The Treasurer shall draw checks or warrants or make payments by other means for claims or disbursements not within an applicable budget only upon the prior approval of the Board. 5.3 Budget and Recovery of Costs. 5.3.1 Budget. The initial budget shall be approved by the Board. The Board may revise the budget from time to time as may be reasonably necessary to address contingencies and unexpected expenses or events. All subsequent budgets of CVPA shall be approved by the Board in accordance with the Operating Rules and Regulations. 5.3.2 Funding of Initial Costs. The Parties acknowledge that the Initial Costs of establishing and implementing the CVPA will require some form of funding either provided by all or some of the Parties or attained in some other manner. If one or more CVPA program or service becomes operational, these Initial Costs paid by such Parties or attained from other sources shall be included in, or proportionately allocated to, the program or services as provided by Section 5.3.3 to the extent permitted by law, and respective Parties or other sources shall be reimbursed from the payment of such charges by such program participants or service customers. CVAG shall also be entitled to reimbursement for Initial Costs that are not otherwise paid or reimbursed by CVPA or the Parties. CVPA may establish a reasonable time period over which such costs are recovered and repaid to respective Parties or other sources. In the event that any CVPA program or service does not become operational or does not recover sufficient funds to cover Initial Costs, the respective Parties shall not be entitled to any reimbursement of funded Initial Costs from CVPA or any other Party. If any of the initial Members or other sources assists in funding initial costs, they shall also be entitled to reimbursement or offset pursuant to this section. The Board shall approve the manner of funding and repayment of Initial Costs which may include reasonable interest charges. 5.3.3 CVPA Program or Service Costs. The Parties desire that all costs incurred by CVPA that are directly or indirectly attributable to the Coachella Valley Power Agency March 14, 2025 Joint Powers Agreement 65285.00001 \42665621.4 18 45 provision of electric generation, electricity delivery, conservation, efficiency, incentives, financing, or other CVPA services or programs, including but not limited to the establishment and maintenance of various reserves and performance funds and administrative, accounting, legal, consulting, and other similar costs, shall be recovered through any lawful method, which may include without limitation charges to CVPA Members and/or customers receiving such electric services, surcharges applied to electricity rates within Member service areas, development impact fees, or from revenues from grants or other third -party sources, to the extent permitted by law. The Parties acknowledge none, all or a portion of CVPA funding may be derived by way of one or more surcharges applied to retail customer power rates within respective Member jurisdictions and the Members desire to apply any such surcharges in a fair, reasonable, and equitable manner in collaboration with Imperial Irrigation District and or other applicable utility provider(s). 5.3.4 Employee Retirement and Post -retirement Benefits. Should the Board determine to provide a defined benefit retirement benefit to CVPA employees (such as PERS) or other post -retirement benefits that would be within an Other Post -Retirement Benefits (OPEB) obligation to CVPA employees, prior to providing such benefit(s) to any employee, the Board shall: (1) obtain a third party independent actuarial report on the long term costs of the benefit or benefits; (2) adopt a funding plan for the payment of both current and long-term costs that provides for the payment of all such costs on a current, pay-as-you-go, basis and eliminates any known or reasonably anticipated unfunded liability associated with the benefit(s); and (3) notice all Member agencies of the pending consideration of the benefit(s) together with the actuarial report and funding plan, for at least sixty (60) days and obtain the consent, by resolution, of not less than 75 percent of the then current Member's governing bodies ARTICLE 6: WITHDRAWAL AND TERMINATION 6.1 Withdrawal. 6.1.1 Right to Withdraw. A Party may withdraw its participation in CVPA, effective as of the beginning of CVPA's next fiscal year, by giving no less than 6 months advance written notice of its election to do so, which notice shall be given to CVPA and each Party. Withdrawal of a Party shall require an affirmative vote of the Party's governing board. March 14, 2025 Coachella Valley Power Agency Joint Powers Agreement 65285.00001 \42665621.4 19 46 6.1.2 Right to Withdraw After Amendment. Notwithstanding Section 6.1.1, a Party may withdraw its membership in CVPA following an amendment to this Agreement adopted by the Board which the Party's Director voted against, provided such notice is given in writing within thirty (30) days following the date of the vote. Withdrawal of a Party shall require an affirmative vote of the Party's governing board and shall not be subject to the six-month advance notice provided in Section 6.1.1. In the event of such withdrawal, the Party shall be subject to the provisions of Section 6.3. 6.1.3 The Right to Withdraw Prior to Start of any Program. If CVPA has not established any service or program and or a Party wanting to withdraw its membership in CVPA is not participating in any CVPA service or program, such Party may immediately withdraw its membership in CVPA without any further financial obligation, as long as the Party provides written notice of its intent to withdraw no less than thirty (30) days prior to such Party's requested withdrawal date. Any withdrawing Party shall not be entitled to any return of funds it may have provided to CVPA, provided, however, that if, after a service or program is initiated, there are unobligated and unused funds, the withdrawing Member may be refunded its pro rata share of the unobligated and unused funds as determined in the sole discretion of the Board. 6.1.4 Continuing Financial Obligation; Further Assurances. Except as provided by Section 6.1.3, a Party that withdraws its participation in CVPA may be subject to certain continuing financial obligations, as described in Section 6.3. Each withdrawing Party and CVPA shall execute and deliver all further instruments and documents, and take any further action(s) that may be reasonably necessary, as determined by the Board, to effectuate the orderly withdrawal of such Party from participation in CVPA. 6.2 Involuntary Termination of a Party. This Agreement maybe terminated with respect to a Party for material non-compliance with provisions of this Agreement, or any other agreement relating to the Party's participation in any CVPA service or program, upon a vote of the Board as provided in Section 3.8.3. Prior to any vote to terminate a Party under this Agreement, written notice of the proposed termination and the reason(s) for such termination shall be delivered in writing to the Party whose termination is proposed at least thirty (30) days prior to the regular Board meeting at which such matter shall first be discussed as an agenda item. The written notice of proposed termination shall specify the particular provisions of this Agreement or other agreement(s) that the Party has allegedly violated. The Party subject to possible termination shall have Coachella Valley Power Agency Joint Powers Agreement March 14, 2025 65285.00001 \42665621.4 20 47 the opportunity at the next regular Board meeting to respond to any reasons and allegations that may be cited as a basis for termination prior to a Board vote regarding termination. A Party that has had its participation in CVPA terminated may be subject to certain continuing liabilities, as described in Section 6.3. 6.3 Continuinq Financial Obligations; Refund. Except as provided by Section 6.1.3, upon a withdrawal or involuntary termination of a Party, the Party shall remain responsible for any claims, demands, damages, losses, expenses, costs, or other financial obligations arising from such Party's membership or participation in CVPA or any CVPA service or program through the effective date of its withdrawal or involuntary termination, it being agreed that the Party shall not be responsible for any new financial obligations arising after the date of the Party's withdrawal or involuntary termination. Claims, demands, damages, losses, expenses, costs, or other financial obligations for which a withdrawing or terminated Party may remain liable include, but are not limited to, costs and expenses incurred by CVPA to provide an actual or anticipated service or program to the Party or its customers, losses arising from the resale of power contracted for by CVPA to serve the Party's load, costs (including debt service or other financing costs) related to distribution and/or generation facilities constructed to serve such Party's load, or any unfunded liabilities such as unfunded retirement contributions or costs and any unfunded post -retirement benefits. With respect to such financial obligations, upon notice by a Party that it wishes to withdraw from CVPA, CVPA shall notify the Party of the minimum waiting period under which the Party would be estimated to have no costs for withdrawal if the Party agrees to remain a Member of CVPA for such period. If the Party elects to withdraw before the end of the minimum waiting period, the charge for exiting shall be set at a dollar amount that would offset actual costs to the remaining Members, and may not include punitive charges that exceed actual costs. In addition, such Party shall also be responsible for any costs or obligations associated with the Party's participation in any service or program in accordance with the provisions of any agreements relating to such service or program provided such costs or obligations were incurred prior to the withdrawal of the Party. CVPA may withhold funds otherwise owing to the Party or may require the Party to deposit sufficient funds with CVPA, as reasonably determined by CVPA and approved by a vote of the Board, to cover the Party's financial obligations for the costs described above. Any amount of the Party's funds held on deposit with CVPA above that which is required to pay any existing or ongoing financial obligations shall be returned to the Party. If there is a disagreement related to the charge(s) for exiting, the Parties shall attempt to settle the amount through mediation or other dispute resolution process as authorized by Section 7.1. If the dispute is not March 14, 2025 Coachella Valley Power Agency Joint Powers Agreement 65285.00001 \42665621.4 21 48 resolved, the Parties may agree to proceed to arbitration, or any party may seek judicial review. 6.4 Mutual Termination. This Agreement may be terminated by mutual agreement of all the Parties; provided, however, the foregoing shall not be construed as limiting the rights of a Party to withdraw its participation in CVPA, as described in Section 6.1. 6.5 Disposition of Property upon Termination of CVPA. Upon termination of this Agreement, any surplus money or assets in possession of CVPA for use under this Agreement, after payment of all liabilities, costs, expenses, and charges incurred under this Agreement and under any other agreements or documents, shall be returned to the then -existing Parties in proportion to the contributions made by each and/or the contributions of customers within the then -existing Parties' jurisdictions, as determined by the Board. ARTICLE 7: MISCELLANEOUS PROVISIONS 7.1 Dispute Resolution. The Parties and CVPA shall make reasonable efforts to informally settle all disputes arising out of or in connection with this Agreement. Should such informal efforts to settle a dispute, after reasonable efforts, fail, the dispute shall be mediated in accordance with policies and procedures established by the Board. 7.2 Liability of Directors, Officers, and Employees. The Directors, officers, and employees of CVPA shall use ordinary care and reasonable diligence in the exercise of their powers and in the performance of their duties pursuant to this Agreement. No current or former Director, officer, or employee will be responsible for any act or omission by another Director, officer, or employee. CVPA shall defend, indemnify and hold harmless the individual current and former Directors, officers, and employees for any acts or omissions in the scope of their employment or duties in the manner provided by Government Code Sections 995, et seq. Nothing in this section shall be construed to limit the defenses available under the law, to the Parties, CVPA, or its Directors, officers, or employees 7.3 Indemnification of Parties. CVPA shall acquire such insurance coverage as is necessary to protect the interests of CVPA, the Parties, and the public. Subject to the provisions of Section 7.4 and provided that a Party has acted in good faith and in accordance with this Agreement, CVPA shall defend with counsel acceptable to said Party, indemnify and hold such Party free and harmless from any loss, liability or damage incurred or suffered by such Party by reason of litigation arising from or as a result of the conduct, activities, operations, acts, or omissions of CVPA under this Agreement. To the extent CVPA's assets are insufficient to satisfy its obligations under this Section, any Member agency forced to March 14, 2025 Coachella Valley Power Agency Joint Powers Agreement 65285.00001 \42665621.4 22 49 expend its own funds to satisfy what would otherwise be CVPA's obligations shall be entitled to reimbursement from CVPA. 7.4 Limitations on Liability. The Parties acknowledge that Section 895.2 of the California Government Code provides that a Member is jointly and severally liable for the torts of the joint powers agency, but that Sections 895.4 and 895.6 of that Code allow the members of a joint powers agency to contractually agree to indemnity and contribution provisions that allow such liability to be apportioned among the members based on their respective degree of fault giving rise to the liability. The Parties further acknowledge that they have agreed at Section 7.3 above to indemnify and defend those Member agencies against certain losses, liabilities or damages suffered by a Member agency arising from or as a result of the conduct, activities, operations, acts, or omissions of CVPA under this Agreement. Now, therefore, in contemplation of such authority, the Parties agree that, as among themselves, each shall assume that portion of the liability imposed upon CVPA or any of its Members, officers, agents or employees by law for injury caused by any negligent or wrongful act or omission occurring during the performance of this Agreement that is not covered by insurance, that is determined by CVPA to be that Member's proportionate share accruing during the Member's period of participation in CVPA. Said determination shall be by three - fourths vote of the Board, meaning an affirmative vote of three -fourths of the total number of Directors or a Weighted Vote of 75% of the total Weighted Voting Share of all the Members. The Members acknowledge that, given the possible variables, determination of a proper apportionment may be difficult. Therefore, subject only to informal dispute resolution set out at Section 6.1, the Members agree that the Board's good faith determination of a fair apportionment shall be final, binding and enforceable as a term of this Agreement. Each Member shall to the extent provided herein indemnify and hold harmless the other Members for any loss, costs or expenses that may be imposed on such other Members solely by virtue of Section 895.2. 7.5 Amendment of this Agreement. This Agreement may not be amended except by a written amendment approved by a vote of the Board as provided in Section 3.8.3. CVPA shall provide written notice to all Parties of amendments to this Agreement, at least 30 days prior to the date upon which the Board will first consider approval of such amendments. Exhibits A through E of this Agreement may be revised from time to time by Board vote and copies of such revised exhibits shall be distributed to all Parties. 7.6 Assignment. Except as otherwise expressly provided in this Agreement, the rights and duties of the Parties may not be assigned or delegated without the advance written consent of all of the other Parties, and any attempt to assign or delegate such rights or duties in contravention of Coachella Valley Power Agency March 14, 2025 Joint Powers Agreement 65285.00001 \42665621.4 23 50 this Section 7.6 shall be null and void. This Agreement shall inure to the benefit of, and be binding upon, the successors and assigns of the Parties. This Section 7.6 does not prohibit a Party from entering into an independent agreement with another agency, person, or entity regarding the financing of that Party's contributions to CVPA, or the disposition of proceeds which that Party receives under this Agreement, so long as such independent agreement does not affect, or purport to affect, the rights and duties of CVPA or the Parties under this Agreement. 7.7 Severability. If one or more clauses, sentences, paragraphs or provisions of this Agreement shall be held to be unlawful, invalid or unenforceable, it is hereby agreed by the Parties, that the remainder of the Agreement shall not be affected thereby. Such clauses, sentences, paragraphs or provision shall be deemed reformed so as to be lawful, valid and enforced to the maximum extent possible. 7.8 Further Assurances. Each Party agrees to execute and deliver all further instruments and documents, and take any further action that may be reasonably necessary, to effectuate the purposes and intent of this Agreement. 7.9 Execution by Counterparts. This Agreement may be executed in any number of counterparts, and upon execution by all Parties, each executed counterpart shall have the same force and effect as an original instrument and as if all Parties had signed the same instrument. Any signature page of this Agreement may be detached from any counterpart of this Agreement without impairing the legal effect of any signatures thereon, and may be attached to another counterpart of this Agreement identical in form hereto but having attached to it one or more signature pages. 7.10 Parties to be Served Notice. Any notice authorized or required to be given pursuant to this Agreement shall be validly given if served in writing either personally, by deposit in the United States mail, first class postage prepaid with return receipt requested, or by a recognized courier service. Notices given (a) personally or by courier service shall be conclusively deemed received at the time of delivery and receipt and (b) by mail shall be conclusively deemed given 48 hours after the deposit thereof (excluding Saturdays, Sundays and holidays) if the sender receives the return receipt. All notices shall be addressed to the office of the clerk or secretary of CVPA or Party, as the case may be, or such other person designated in writing by CVPA or Party. Notices given to one Party shall be copied to all other Parties. Notices given to CVPA shall be copied to all Parties. 7.11 No Third -Party Beneficiaries. This Agreement shall reflect the Parties' rights and obligations as by and among themselves. Nothing herein shall March 14, 2025 Coachella Valley Power Agency Joint Powers Agreement 65285.00001 \42665621.4 24 51 create any right in any third party to enforce any right or obligation set out in this Agreement as against any Party hereto. 7.12 Integration. This Agreement constitutes the full and complete Agreement of the Parties. 7.13 Limited Waiver of Sovereign Immunity; Venue. Except as hereinafter provided in this paragraph, nothing in this Agreement shall be deemed to be a waiver of the sovereign immunity by the Augustine Band of Cahuilla Indians, Cabazon Band of Cahuilla Indians, Torres Martinez Desert Cahuilla Indians, and Twenty -Nine Palms Band of Mission Indians (each a "Tribe") from suit, which immunity is expressly asserted; provided, however, that each Tribe agrees to and hereby does unequivocally waive its sovereign immunity for the limited and sole purpose of permitting enforcement of any right or obligation arising under this Agreement, which may include but not be limited to claims or causes of action for declaratory relief, injunctive relief, specific performance, enforcement of indemnity obligations, and/or damages for the breach of the terms and conditions of this Agreement. Each Tribe further acknowledges that the other Parties would not enter into this Agreement if a Tribe could defeat or hinder enforcement against a Tribe of the rights granted to the other Parties and CVPA by claiming sovereign immunity. This limited waiver of sovereign immunity shall apply only to the Parties and CVPA, and shall not operate for the benefit of, nor confer any rights upon, any third parties. The Parties agree that any dispute raised under the provisions of this Agreement shall be resolved pursuant to applicable California law; provided however, that any dispute raised under the provisions of this limited waiver of sovereign immunity shall be resolved first pursuant to applicable federal law, and if no federal law applies, pursuant to the applicable laws of the State of California. The waiver granted herein is limited to claims made in the United States District Court for the Central District of California, or the Superior Court of the State of California, County of Riverside, and any court having appellate jurisdiction. Each signatory to this Agreement on behalf of a Tribe represents and warrants that the Tribe has taken all actions necessary in accordance with its laws to authorize a limited waiver of sovereign immunity, which may include without limitation the adoption of a resolution authorizing the limited waiver described in this section. Further, each Party irrevocably waives any right it might otherwise seek to have any proceeding determined in any tribal court and agrees that assumption of jurisdiction by any federal or state courts shall not be delayed or curtailed by any doctrine requiring exhaustion of tribal court remedies. March 14, 2025 Coachella Valley Power Agency Joint Powers Agreement 65285.00001 \42665621.4 25 52 Exhibit A Definitions 1. "Act" means the Joint Exercise of Powers Act of the State of California (Government Code Section 6500 et seq.) 2. "Administrative Services Agreement" means an agreement or agreements entered into after the Effective Date by CVPA with one or more entities that will perform tasks necessary for planning, implementing, operating and/or administering CVPA, or any other energy programs/projects adopted by CVPA. 3. "Agreement' means this Joint Powers Agreement. 4. "Annual Energy Use" has the meaning given in Section 3.8.1. 5. "Board" means the Board of Directors of CVPA. 6. "CVAG" shall mean the Coachella Valley Association of Governments. 7. "CVPA Document(s)" means document(s) duly adopted by the Board by ordinance, resolution or motion implementing the powers, functions, and activities of CVPA, including but not limited to the Operating Rules and Regulations, the annual budget, and plans and policies. 8. "Director" means a member of the Board of Directors appointed by and representing a Party. 9. "Effective Date" means Month Day, Year or when initial members of CVPA execute this Agreement, whichever occurs later, as further described in Section 2.1. 10. "Initial Costs" means all costs incurred by CVPA and or any Parties relating to the establishment and initial operation of CVPA, including without limitation the hiring of an Executive Officer and any administrative staff, and any required planning, consulting, accounting, administrative, technical, or legal services in support of CVPXs initial activities or in support of the negotiation, preparation, and approval of one or more administrative services agreements. 11. "Operating Rules and Regulations" means one or more sets of rules, regulations, policies, bylaws and procedures governing the operation of CVPA. 12. "Parties," "Members," or "Member Agencies" means, collectively, the signatories to this Agreement. 13. "Party", "Member" or "Member Agency" means a signatory to this Agreement. 14. "Total Annual Energy Use" has the meaning given in Section 3.8.1. Coachella Valley Power Agency March 14, 2025 Joint Powers Agreement 65285.00001 \42665621.4 26 53 Exhibit B List of Proposed Initial Parties Parties: Augustine Band of Cahuilla Indians Cabazon Band of Cahuilla Indians City of Coachella Coachella Valley Water District Torres Martinez Desert Cahuilla Indians City of Indio City of Indian Wells City of La Quinta Twenty -Nine Palms Band of Mission Indians City of Palm Desert County of Riverside City of Rancho Mirage March 14, 2025 Coachella Valley Power Agency Joint Powers Agreement 65285.00001 \42665621.4 27 54 Exhibit C PRO FORMA Annual Energy Use JPAMembers Annual Energy (MWh) Annual Energy% Augustine Band Cahuilla Indians 840 0.04% Cabazon Band of Cahuilla Indians 5,300 0.24% City of Coachella 246,096 11.29% Coachella Valley Water District 54,459 2.50% Torres Martinez Desert Indians 400 0.02% City of Indio 776,731 35.64% City of Indian Wells 4,738 0.22% City of La Quinta 593,340 27.23% 29 Palms Band of Mission Indians 8,000 0.37% City of Palm Desert 111,624 5.12% County of Riverside (w/i IID) 354,589 16.27% City of Rancho Mirage 23,073 1.06% TOTALS 2,179,190 100.00% Estimated energy usage is based on estimated retail electricity sales for calendar year 2022. The energy use by CVWD is based on the most recent contiguous 12 months usage. Indian Tribes' usage is based on estimated respective casino facilities electric use. Riverside County estimated usage is based on aggregating the usage of Indio Hills, Thousand Palms, Bermuda Dunes, Chiriaco Summit, Thermal, Mecca, and North Shore. March 14, 2025 Coachella Valley Power Agency Joint Powers Agreement 65285.00001 \42665621.4 28 55 Exhibit D PRO FORMA VOTING SHARES CVPA SAMPLE MEMBERSHIP AND VOTE TABLE ALL CVPA MEMBERS AVAILABLE AND PRESENT AT MEETING % Wt. to Headcount: % Wt. to Annual MWh: Summary of Vote Shares Present 0.00% ( 0 - 100 %) 1 100.00% 1 (Energy Wt. Share: = 1 - Headcount Share) DISPLAY OF CVPA MEMBERS PRESENT AND RESPECTIVE ENERGY AND HEADCOUNT SHARES JPA Members Present at Meeting Annual Energy (MWh) Energy Present % Headcount % Present Wtd. Energy Present % Wtd. Headcount Present % Total Wtd Vote Present % Augustine Band Cahuilla Indians 840 0.04% 8.33% 0.04% 0.00% 0.04% Cabazon Band of Cahuilla Indians 5,300 0.24% 8.33% 0.24% 0.00% 0.24% City of Coachella 246,096 11.29% 8.33% 11.29% 0.00% 11.29% Coachella Valley Water District 54,459 2.50% 8.33% 2.50% 0.00% 2.50% Torres Martinez Desert Indians 400 0.02% 8.33% 0.02% 0.00% 0.02% City of Indio 776,731 35.64% 8.33% 35.64% 0.00% 35.64% City of Indian Wells 4,738 0.22% 8.33% 0.22% 0.00% 0.22% City of La Quinta 593,340 27.23% 8.33% 27.23% 0.00% 27.23% 29 Palms Band of Mission Indians 8,000 0.37% 8.33% 0.37% 0.00% 0.37% City of Palm Desert 111,624 5.12% 8.33% 5.12% 0.00% 5.12% County of Riverside (w/i IID) 354,589 16.27% 8.33% 16.27% 0.00% 16.27% City of Rancho Mirage 23,073 1.06% 8.33% 1.06% 0.00% 1.06% TOTALS 2,179,190 100.00% 100.00% 100.00% 0.00% 100.00% For quorum, > 50% Total Weighted Vote Shares of Members eligible to vote must be present (including Proxies). In all cases a quorum also requires that at least three (3) Members eligible to vote must be physically present (excluding Proxies). Formulas used: 1. PRO RATA VOTE SHARE: [1 / TOTAL NUMBER OF MEMBERS], EXPRESSED AS A PERCENTAGE TO TWO DECIMAL PLACES. SEE SECTION 3.17.1 (A) 2. ANNUAL ENERGY VOTE SHARE: TOTALANNUAL ENERGY USE (EXPRESSED IN MWH) IN THE MEMBER'S JURISDICTION / COMBINED TOTAL ANNUAL ENERGY USE ALL MEMBERS' JURISDICTIONS, EXPRESSED AS A PERCENTAGE TO TWO DECIMAL PLACES. SEE SECTION 3.17.1 (B) 3. WEIGHTED VOTE SHARE: BASED ON MEMBERS' ANNUAL ENERGY USAGE IN RESPECTIVE JURISDICTIONS EXPRESSED AS A PERCENTAGE TO DECIMAL PLACES. SEE SECTION 3.17.1 (C) March 14, 2025 Coachella Valley Power Agency Joint Powers Agreement 65285.00001 \42665621.4 29 56 EXHIBIT E SIGNATURES IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized representatives Signature Page of the City of La Quinta Agreeing To Become a Party to the Coachella Valley Power Authority Joint Powers Agreement Pursuant to City Council authorization approved^+GR on March 18, 2025, and memorialized via Council Resolution No. 2025-007 adopted on April 1, 2025, the City of La Quinta agrees to become a Party to the Coachella Valley Power Authority Joint Powers Agreement dated for reference purposes as of May 1, 2025, pursuant to Section 2.4.1 of the Agreement. CITY OF LA QUINTA By: Name: JON McMILLEN Title: City Manager Date: ATTEST: By: Name: MONIKA RADEVA Title: Citv Clerk APPROVED AS TO FORM: By: Name: WILLIAM H. IHRKE Title: City Attorney March 14, 2025 Coachella Valley Power Agency Joint Powers Agreement 65285.00001 \42665621.4 30 57 58 City of La Quinta CONSENT CALENDAR ITEM NO. 3 CITY COUNCIL MEETING: April 1, 2025 STAFF REPORT AGENDA TITLr : APPROVE AGREEMENT FOR CONTRACT SERVICES WITH FIND FOOD BANK TO PROVIDE MOBILE MARKET AND NON-PERISHABLE FOOD KITS TO SENIORS AND LA QUINTA RESIDENTS RECOMMENDATION Approve Agreement for Contract Services with FIND Food Bank to provide mobile market and non-perishable food kits to seniors and La Quinta residents; and authorize the City Manager to execute the agreement. EXECUTIVE SUMMARY • In July 2020, the City entered into an agreement with FIND Food Bank (FIND) to provide funding to support food distribution to seniors, low/fixed income residents, and those in need due to the COVID-19 pandemic. • The partnership evolved into providing food to La Quinta's affordable housing sites, senior communities, and residents. • Approving the proposed agreement (Attachment 1) enables FIND to continue food distribution services through fiscal year 2025/26. MPArT The cost to continue food distribution services is $60,000 per fiscal year. Funds are available in the Grants Account (Account No. 101-3001-60510). LiAC KG RO U N D/ANALYSIS In March of 2020, the COVID-19 pandemic created a surge for needed food resources for La Quinta residents. Food insecurity affected homebound and isolated seniors, adults and families who lost stable jobs, and children who lost access to free/reduced meals due to school closures. It was during this time that the City entered into a partnership with FIND to support food distribution services and direct service to low/fixed income senior housing complexes. Since then, the City has partnered with FIND to offer mobile food markets and provide food delivery directly to residents of Hadley Villas, Washington Street Apartments, Vista Dunes Courtyard Homes, Coral Mountain Apartments, and Wolff Waters Place. 59 Additionally, in April 2024, FIND began hosting a mobile food market from the La Quinta Library parking lot, providing an easily accessible location for individuals to obtain additional food resources. Approving the proposed agreement enables FIND to continue providing much needed food resources to the community. ALTERNATIVES Council may elect to modify or not approve the agreement. Prepared by: Michael Calderon, Senior Management Analyst Approved by: Christina Calderon, Community Services Deputy Director Attachment: 1. Agreement for Contract Services with FIND Foodbank 2. FIND Food Bank Proposal ATTACHMENT 1 AGREEMENT FOR CONTRACT SERVICES THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and FIND FOOD BANK a non-profit organization, with a place of business at 83775 Citrus Ave, Indio, California 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 those services related to the storage, preparation, and delivery of non-perishable food kits for seniors and La Quinta residents, as specified in the "Scope of Services" attached hereto as "Exhibit A" and incorporated herein by this reference (the "Services"). Contracting Party represents and warrants that Contracting Party is a provider of first-class work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase "industry standards" shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances. 1.2 Compliance with Law. All Services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of the City and any Federal, State, or local governmental agency of competent jurisdiction. 1.3 Wage and Hour Compliance, Contracting Party shall comply with applicable Federal, State, and local wage and hour laws. 1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Contracting Party shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement, including a City of La Quinta business license. Contracting Party and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required for the performance of the Services required by this Agreement. Contracting Party shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the Services required by this Agreement, and shall indemnify, defend (with counsel selected by City), and hold City, its elected officials, officers, employees, and agents, free and harmless against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against City hereunder. Contracting Party shall be responsible for all subcontractors' compliance with this Section. 61 1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be performed, (b) it has investigated the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. Should Contracting Party discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by City, Contracting Party shall immediately inform City of such fact and shall not proceed except at Contracting Party's risk until written instructions are received from the Contract Officer, or assigned designee (as defined in Section 4.2 hereof). 1.6 Standard of Care. Contracting Party acknowledges and understands that the Services contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Contracting Party's work will be held to an industry standard of quality and workmanship. Consistent with Section 1.5 hereinabove, Contracting Party represents to City that it holds the necessary skills and abilities to satisfy the industry standard of quality as set forth in this Agreement. Contracting Party shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the Services performed by Contracting Party, and the equipment, materials, papers, and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City's own negligence. The performance of Services by Contracting Party shall not relieve Contracting Party from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to City, when such inaccuracies are due to the negligence of Contracting Party. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specified in the Scope of Services ("Additional Services") only when directed to do so by the Contract Officer, or assigned designee, provided that Contracting Party shall not be required to perform any Additional Services without compensation. Contracting Party shall not perform any Additional Services until receiving prior written authorization (in the form of a written change order if Contracting Party is a contractor performing the Services) from the Contract Officer, or assigned designee, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contracting Party. It is expressly understood by Contracting Party that the provisions of this Section shall not apply to the Services specifically set forth in the Scope of Services or reasonably contemplated therein. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforceable. Failure of Contracting Party to secure the Contract Officer's, or assigned designee's written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time to perform this Agreement, whether by way of compensation, restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the Contract Officer, or assigned designee. 62 -2- 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. 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with "Exhibit B" (the "Schedule of Compensation") in a total amount not to exceed Sixty Thousand Dollars ($60,000) per fiscal year, for the life of the Agreement, encompassing the Initial and any Extended Terms (the "Contract Sum"), except as provided in Section 1.7. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Contracting Party's rate schedule, but not exceeding the Contract Sum, or such other reasonable methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contracting Party at all project meetings reasonably deemed necessary by City; Contracting Party shall not be entitled to any additional compensation for attending said meetings. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the method of compensation set forth in the Schedule of Compensation, Contracting Party's overall compensation shall not exceed the Contract Sum, except as provided in Section 1.7 of this Agreement. 2.2 Method of Billing & Payment. Any month in which Contracting Party wishes to receive payment, Contracting Party shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for Services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the Services provided, including time and materials, and (2) specify each staff member who has provided Services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Contracting Party specifying that the payment requested is for Services performed in accordance with the terms of this Agreement. Upon approval in writing by the Contract Officer, or assigned designee, and subject to retention pursuant to Section 8.3, City will pay Contracting Party for all items stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department. 2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this 63 -3- 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. 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. If the Services not completed in accordance with the Schedule of Performance, as set forth in Section 3.2 and "Exhibit C", it is understood that the City will suffer damage. 3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in "Exhibit C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer, or assigned designee. 3.3 Force Maieure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contracting Party, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer, or assigned designee, in writing of the causes of the delay. The Contract Officer, or assigned designee, shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in the Contract Officer's judgment such delay is justified, and the Contract Officer's determination, or assigned designee, shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer, or assigned designee, to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on July 1, 2025, and terminate on June 30, 2026 ("Initial Term"). This Agreement may be extended for up to five (5) years upon mutual agreement by both parties ("Extended Term"), and executed in writing. 64 -4- 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) Debbie Espinosa, President/CEO Telephone No. (760) 755-3663 Email: despinosa@findfoodbank.org It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of Contracting Party and devoting sufficient time to personally supervise the Services hereunder. For purposes of this Agreement, the foregoing Principals may not be changed by Contracting Party and no other personnel may be assigned to perform the Services required hereunder without the express written approval of City. 4.2 Contract Officer. The "Contract Officer", otherwise known as Christina Calderon, Community Services Deputy Director or assigned designee may be designated in writing by the City Manager of the City. It shall be Contracting Party's responsibility to assure that the Contract Officer, or assigned designee, is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer, or assigned designee. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer, or assigned designee. The Contract Officer, or assigned designee, shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City's express written approval shall be null, void, and of no effect. No approved transfer shall release Contracting Party of any liability hereunder without the express consent of City. -5- 65 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contracting Party, its agents, or its employees, perform the Services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision, or control of Contracting Party's employees, servants, representatives, or agents, or in fixing their number or hours of service. Contracting Party shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contracting Party in its business or otherwise or a joint venture or a member of any joint enterprise with Contracting Party. Contracting Party shall have no power to incur any debt, obligation, or liability on behalf of City. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Except for the Contract Sum paid to Contracting Party as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contracting Party for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contracting Party for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contracting Party and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (TERS") as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contracting Party agrees to pay all required taxes on amounts paid to Contracting Party under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contracting Party shall fully comply with the workers' compensation laws regarding Contracting Party and Contracting Party's employees. Contracting Party further agrees to indemnify and hold City harmless from any failure of Contracting Party to comply with applicable workers' compensation laws. City shall have the right to offset against the amount of any payment due to Contracting Party under this Agreement any amount due to City from Contracting Party as a result of Contracting Party's failure to promptly pay to City any reimbursement or indemnification arising under this Section. 4.5 Identity of Persons Performing Work. Contracting Party represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all of the Services set forth herein. Contracting Party represents that the Services required herein will be performed by Contracting Party or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services. 4.6 City Cooperation. City shall provide Contracting Party with any plans, publications, reports, statistics, records, or other data or information pertinent to the 66 -6- Services to be performed hereunder which are reasonably available to Contracting Party only from or through action by City. !.111111I060111:L1,Is] 21 5.1 Insurance. Prior to the beginning of any Services under this Agreement and throughout the duration of the term of this Agreement, Contracting Party shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, policies of insurance as set forth in "Exhibit E" (the "Insurance Requirements") which is incorporated herein by this reference and expressly made a part hereof. 5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance to Agency along with all required endorsements. Certificate of Insurance and endorsements must be approved by Agency's Risk Manager prior to commencement of performance. 6. INDEMNIFICATION 6.1 Indemnification. To the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, agents, and volunteers as set forth in "Exhibit F" ("Indemnification") which is incorporated herein by this reference and expressly made a part hereof. 7. RECORDS AND REPORTS. 7.1 Reports. Contracting Party shall periodically prepare and submit to the Contract Officer, or assigned designee, such reports concerning Contracting Party's performance of the Services required by this Agreement as the Contract Officer, or assigned designee, shall require. Contracting Party hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contracting Party agrees that if Contracting Party becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contracting Party is providing design services, the cost of the project being designed, Contracting Party shall promptly notify the Contract Officer, or assigned designee, of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contracting Party is providing design services, the estimated increased or decreased cost estimate for the project being designed. 7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the "Books and Records"), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer, or assigned designee, to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with 67 -7- generally accepted accounting principles and shall be complete and detailed. The Contract Officer, or assigned designee, shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contracting Party's business, custody of the Books and Records may be given to City, and access shall be provided by Contracting Party's successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement. 7.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium prepared or caused to be prepared by Contracting Party, its employees, subcontractors, and agents in the performance of this Agreement (the "Documents and Materials") shall be the property of City and shall be delivered to City upon request of the Contract Officer, or assigned designee, or upon the expiration or termination of this Agreement, and Contracting Party shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contracting Party will be at City's sole risk and without liability to Contracting Party, and Contracting Party's guarantee and warranties shall not extend to such use, revise, or assignment. Contracting Party may retain copies of such Documents and Materials for its own use. Contracting Party shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contracting Party fails to secure such assignment, Contracting Party shall indemnify City for all damages resulting therefrom. 7.4 In the event City or any person, firm, or corporation authorized by City reuses said Documents and Materials without written verification or adaptation by Contracting Party for the specific purpose intended and causes to be made or makes any changes or alterations in said Documents and Materials, City hereby releases, discharges, and exonerates Contracting Party from liability resulting from said change. The provisions of this clause shall survive the termination or expiration of this Agreement and shall thereafter remain in full force and effect. 7.5 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all 68 -8- copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contracting Party shall require all subcontractors, if any, to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contracting Party represents and warrants that Contracting Party has the legal right to license any and all of the Documents and Materials. Contracting Party makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contracting Party or provided to Contracting Party by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7.6 Release of Documents. The Documents and Materials shall not be released publicly without the prior written approval of the Contract Officer, or assigned designee, or as required by law. Contracting Party shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.7 Confidential or Personal Identifying Information. Contracting Party covenants that all City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussion notes, or other information, if any, developed or received by Contracting Party or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contracting Party to any person or entity without prior written authorization by City or unless required by law. City shall grant authorization for disclosure if required by any lawful administrative or legal proceeding, court order, or similar directive with the force of law. All City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussions, or other information shall be returned to City upon the termination or expiration of this Agreement. Contracting Party's covenant under this section shall survive the termination or expiration of this Agreement. 8. ENFORCEMENT OF AGREEMENT. 8.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contracting Party covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service 69 -9- of the notice, or such longer period as may be permitted by the Contract Officer, or assigned designee; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to this Article 8.0. During the period of time that Contracting Party is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default. 8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contracting Party in the performance of the Services required by this Agreement. 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non -defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Contracting Party requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Contracting Party. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Termination Prior To Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer, or assigned designee. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer, or assigned designee, thereafter in accordance with 70 -10- the Schedule of Compensation or such as may be approved by the Contract Officer, or assigned designee, except amounts held as a retention pursuant to this Agreement. 8.8 Termination for Default of Contracting Party. If termination is due to the failure of Contracting Party to fulfill its obligations under this Agreement, Contracting Party shall vacate any City -owned property which Contracting Party is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.2, take over the Services and prosecute the same to completion by contract or otherwise, and Contracting Party shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Contracting Party for the purpose of setoff or partial payment of the amounts owed City. 8.9 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys' fees; provided, however, that the attorneys' fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing party in the conduct of the litigation. Attorneys' fees shall include attorneys' fees on any appeal, and in addition a party entitled to attorneys' fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose. 9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 9.1 Non -liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contracting Party, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Contracting Party or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contracting Party's performance of the Services under this Agreement. Contracting Party further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the Contract Officer, or assigned designee. Contracting Party agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. Contracting Party warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 9.3 Covenant against Discrimination. Contracting Party covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry in the performance of this Agreement. Contracting Party shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. 10. MISCELLANEOUS PROVISIONS. 10.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section. To City: CITY OF LA QUINTA Attention: Christina Calderon 78495 Calle Tampico La Quinta, California 92253 To Contracting Party: FIND FOOD BANK, INC. Debbie Espinosa 83775 Citrus, Ave Indio, California 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. 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. 72 -12- 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] 73 -13- IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. FIND FOOD BANK CITY OF LA QUINTA, a non-profit organization a California Municipal Corporation JON McMILLEN, City Manager City of La Quinta, California Dated: ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California DEBBIE ESPINOSA President/CEO Date: 74 -14- Exhibit A Scope of Services City and FIND Food Bank are partnering to provide non-perishable food kits to seniors and La Quinta residents who are in need of assistance with obtaining food. 1. Services to be Provided: a. Food kits to contain non-perishable items such as canned stew, canned chili, dry pasta, pasta sauce, beans, and rice. Excludes bottled water. Food items subject to change based on availability. b. FIND will deliver food kits to the following locations: • Hadley Villas Apartments • Washington St. Apartments • Coral Mountain Apartments • Wolff Waters Place Apartments • Vista Dunes Courtyard Homes Any changes to the food distribution sites and delivery days and times shall be mutually agreed upon by both parties in writing. c. Additional food distribution sites, days, and times may be added or modified and agreed upon by both parties in writing. d. City has designated the La Quinta Library (Library) as a food distribution site. FIND will deliver food kits from the Library parking lot every 1st Wednesday and 4th Saturday of each month (FIND will arrive at approximately 7:00 am to begin set up, distribute food 8:00 am to 9:00 am, and clean up 9:00 am to 10:00 am). If a food distribution conflicts with Library or City programming/events, FIND will be provided with an alternative location. Any changes to the Library being the designated food distribution site shall be mutually agreed upon by both parties in writing. e. City staff will assess potential new participants of the food delivery program and add those that qualify to the distribution rotation as food remains available. f. If available, FIND will allocate volunteers to assist with food distribution. g. FIND agrees to repair any damages to the facility caused by their delivery method. Exhibit A 75 Page 1 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, Exhibit A 76 Page 2 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. Exhibit A 77 Page 3 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 ($1,000.00) as liquidated damages for each working day of delay in the performance of any of the Services required hereunder, as specified in the Schedule of Performance. In addition, liquidated damages may be assessed for failure to comply with the emergency call out requirements, if any, described in the Scope of Services. City may withhold from any moneys payable on account of the Services performed by Contracting Party any accrued liquidated damages. Exhibit A 78 Page 4 of 4 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed Sixty Thousand Dollars ($ 60,000) per fiscal year, for the life of the Agreement, encompassing the Initial and any Extended Terms (the "Contract Sum"). The Contract Sum shall be paid to Contracting Party in one lump sum payment to be issued annually after July 1 for as long as the Term of the Agreement remains in effect, including the Initial or any Extended Term. Exhibit B 79 Page 1 of 2 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. None. Exhibit D Special Requirements Exhibit D Page 1 of 1 m 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. Exhibit E 82 Page 1 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. Exhibit E 83 Page 2 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 Exhibit E 84 Page 3 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 Exhibit E 85 Page 4 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 Exhibit E 86 Page 5 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. Exhibit E 87 Page 6 of 6 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. Exhibit F 88 Page 1 of 2 d. Indemnification Provision for Desian Professionals. 1. Applicability of this Section F.1(d). Notwithstanding Section F.1(a) hereinabove, the following indemnification provision shall apply to a Contracting Party who constitutes a "design professional" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. When the law establishes a professional standard of care for Contracting Party's Services, to the fullest extent permitted by law, Contracting Party shall indemnify and hold harmless City and any and all of its officials, employees, and agents ("Indemnified Parties") from and against any and all losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses, including, without limitation, incidental and consequential damages, court costs, reimbursement of attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party. 3. Design Professional Defined. As used in this Section F.1(d), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Exhibit F, as applicable to the Contracting Party, from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contracting Party in the performance of this Agreement. In the event Contracting Party fails to obtain such indemnity obligations from others as required herein, Contracting Party agrees to be fully responsible according to the terms of this Exhibit. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth in this Agreement are binding on the successors, assigns or heirs of Contracting Party and shall survive the termination of this Agreement. Exhibit F 89 Page 2 of 2 ATTACHMENT 2 9 F IND FOOD BANK ■ ■ )• THE DESERT'S REGIONAL FOOD BANK City of La Quinta I FIND Food Bank March 24, 2025 Background — FIND Food Bank 83775 Citrus Avenue Indio, CA 92201 760-775-3663 FINDFoodBank.org Founded in 1983, FIND Food Bank is the regional food bank for the Coachella Valley and surrounding areas, proudly serving as the region's Feeding America partner. Our mission extends beyond food distribution —we are dedicated to ending hunger by addressing its root causes, raising awareness, and mobilizing resources to create sustainable food security for all. FIND's vision is to ensure that no one goes hungry today, tomorrow, or for a lifetime. To strategically allocate resources, FIND relies on data -driven insights to assess food insecurity levels across different cities. One key indicator we use to quantify need is the percentage of students eligible for the federal Free and Reduced -Price Meal (FRPM) program. According to the California Department of Education's 2023-24 Student Poverty FRPM Data, 4,166 students in La Quinta-78% of all students in the city —qualify for free or reduced -price meals, underscoring the critical need for food assistance in the community. Partnership Between the City of La Quinta and FIND Food Bank Since 2016, FIND Food Bank has partnered with Desert Recreation District to provide free, nutritious food and client -centered outreach services to residents of La Quinta. Initially, the Community Mobile Market program operated one monthly food distribution in the Old Town La Quinta/La Quinta Cove area, distributing more than 100,000 pounds of free food annually to local families in need. However, in 2020, the economic impact of COVID-19 drastically increased food insecurity in La Quinta and throughout the Coachella Valley. Recognizing this urgent need, the City of La Quinta provided funding support to expand food distributions, ensuring that no resident went without essential nutrition during the crisis. This collaboration allowed FIND to scale its efforts, meeting the community's heightened demand for food assistance. MEMBER OF ` 60 FEEDING" AM E R CA 90 9 83775 Citrus Avenue Indio, CA 92201 F IND FOOD BANK 760-775-3663 ■ )• THE DESERT'S REGIONAL FOOD BANK FINDFoodBank.org Thanks to the continued support of the City of La Quinta, FIND now operates eight food distributions per month at the following locations: Mobile Market- La Quinta Library (Seniors) 77865 Avenida Montezoma Mobile Market -La Quinta Library (Community) 77-865 Avenida Montezuma FIND Home Delivery -Hadley Villas 78-875 Avenue 47 FIND Home Delivery -Vista Dunes La Quinta 44-950 Vista Dunes Lane FIND Home Delivery Washington St. Apts. 42-800 Washington St. Mobile Market-DSUSD Horizon School 43330 Palm Royale Dr. FIND Home Delivery -Wolf Waters 47-795 Dune Palms Rd. FIND Home Delivery -Coral Mountain 79-625 Vista Coralina People Served and Pounds Distributed FIND Food Bank remains dedicated to ensuring that La Quinta residents have reliable access to nutritious food. Through our partnership with the City of La Quinta and an extensive network of distribution sites, we provide critical food assistance to individuals and families facing food insecurity. In 2024, FIND Food Bank distributed 553,658 pounds of food in the City of La Quinta, reflecting a 3.17% increase from the 536,102 pounds distributed in 2023. This increase underscores FIND's commitment to sustaining food access for La Quinta residents despite shifting economic conditions. FIND Food Bank's enhanced tracking system, known as Oasis, launched in July of 2023, leading to greater accuracy in reporting the number of individuals served. As a result, while the reported number of people served appears lower, this change primarily reflects a change in reporting rather than a decrease in need. Importantly, despite these reporting adjustments, the total amount and quality of food distributed remain consistent, ensuring that La Quinta residents experiencing food insecurity continue to receive the necessary support. FIND remains dedicated to meeting the community's ongoing needs through its expanded food distributions and outreach services. MEMBER OF ` 60 FEEDING" AM E R CA 91 9 83775 Citrus Avenue Indio, CA 92201 F IND FOOD BANK 760-775-3663 ■ V THE DESERT'S REGIONAL FOOD BANK FINDFoodBank.org The table below details the number of people and households served each month from July 2023 to June 2024, highlighting the ongoing need for food resources within the community. -.. Jul-23 Aug-23 699 Sep-23 Oct-23 813 - Nov-0 Dec-23 739 n55 Feb-24 810 626 Apr-24 573 T� 453 Jun-24 590 1,277 1,486 1,546 MMMU 2,185 IIIIIIIIIIIIIIIIIEV- 1,298 1,011 1,251 Additionally, our data tracking technology tool allows us to more accurately record the number of La Quinta residents who access food distributions across our Community Mobile Market network —not just those at designated La Quinta sites. Many residents may receive food from a distribution outside of La Quinta due to work schedules, transportation access, or location convenience. The figures below specifically reflect La Quinta residents served in CY 2024, regardless of where they accessed food assistance. Demographics of La Quinta Residents Served (CY 2024) • Young Children (0-4): 580 • Children (5-18): 2,544 • Adults (19-64): 5,658 • Seniors (65+): 2,697 • Total Households Served: 5,856 • Total Individuals Served: 11,479 FIND Food Bank remains committed to meeting the needs of food -insecure residents in La Quinta and adapting our services to ensure equitable food access for all. MEMBER OF ` 60 FEEDING" AM E R CA 92 9 83775 Citrus Avenue Indio, CA 92201 FIND FOOD BANK 760-775-3663 ■ )• THE DESERT'S REGIONAL FOOD BANK FINDFoodBank.org Proposal for FY 2025-2026 FIND Food Bank respectfully requests $60,000 to sustain and expand critical food distribution programs in the City of La Quinta through the end of FY 2025-2026. In 2024, FIND distributed 553,658 pounds of food in La Quinta, with 36% consisting of fresh, nutritious fruits and vegetables. This funding will ensure continued support for FIND's Community Mobile Markets and Home Delivery programs, which serve as a lifeline for food -insecure individuals and families throughout the region. The need for ongoing support remains urgent. Food insecurity affects more than 16% of Coachella Valley residents-1 in 6 people —compared to the national average of 1 in 7, according to Feeding America's Map the Meal Gap study (http://map.feedingamerica.org/). Many households continue to struggle financially, making consistent access to nutritious food essential. FIND Food Bank serves a population disproportionately impacted by poverty and food insecurity. Continued funding from the City of La Quinta will sustain critical food distribution efforts, ensuring that residents facing food insecurity receive reliable support. Through this grant, FIND will maintain monthly food distribution services at expanded sites, guaranteeing that La Quinta's most vulnerable residents have access to the nutritious food they need through 2025 and beyond. It's important to note that FIND is operating these free mobile market distributions with reduced federal funding and support, unlike previous years when COVID-related and other federal funding was available. Additionally, the rising costs of fuel, transportation and labor have made it significantly more expensive to provide assistance to those in need. Program Details Community Mobile Markets For FY 2025, FIND Food Bank proposes the continuation of Mobile Markets in La Quinta, serving eight existing sites, directly serving low-income families and fixed -income senior housing complexes in the city. FIND's Community Mobile Markets utilize specialized refrigerated beverage trucks, which are loaded at FIND's warehouse with a variety of fresh produce, proteins, dairy, and pantry staples to provide supplemental food assistance. Each truck delivers an average of 10,000 pounds of food per distribution, ensuring that food -insecure households have access to nutritious and culturally relevant food options. MEMBER OF ` 60 FEEDING" AM E R CA 93 9 83775 Citrus Avenue Indio, CA 92201 F IND FOOD BANK 760-775-3663 ■' ■ V THE DESERT'S REGIONAL FOOD BANK FINDFoodBank.org FIND Outreach Teams and Mobile Markets Beyond food assistance, FIND's Community Mobile Markets serve as vital access points for social services that help stabilize and sustain households. Our outreach teams provide on -site support to connect clients with essential resources, including: • CalFresh (food stamps) • Women, Infants, and Children (WIC) nutrition assistance • Unemployment benefits • Free and reduced -price medical and preventative health programs • Rental and utility assistance • Other critical public -benefit programs FIND deploys two dedicated outreach teams—CalFresh Outreach Coordinators and Community Health Workers (CHWs)—who attend each distribution to assist clients in submitting multiple public -benefit applications. Many eligible individuals face barriers to accessing these programs, such as complex application processes and lack of awareness of available resources. FIND's outreach efforts help remove these barriers, ensuring that individuals and families receive the comprehensive support they need to achieve greater economic stability. Acknowledgment of Award On April 5, 2024, FIND proudly recognized the City of La Quinta on air during our 14th annual Telethon, highlighting its commitment to fighting hunger in the community. Should this grant be approved, FIND respectfully requests the opportunity to once again acknowledge the City of La Quinta's generous support during our 15t" Annual Telethon on April 4, 2025. Additionally, FIND would like to recognize the grant through our website and social media platforms as a public expression of gratitude for the City's continued partnership in feeding La Quinta residents in need. MEMBER OF ` 60 FEEDING" AM E R CA 94 City of La Quinta CITY COUNCIL MEETING: April 1, 2025 STAFF REPORT CONSENT CALENDAR ITEM NO. 4 AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH NV5, INC. FOR DESIGN SERVICES FOR WASHINGTON STREET SIDEWALK IMPROVEMENTS AND AVENUE 50 SIDEWALK IMPROVEMENTS PROJECT NOS. 2023-03 AND 2024-01 RECOMMENDATION Approve Agreement for Contract Services with NV5, Inc. for design services for the Washington Street Sidewalk Improvements and Avenue 50 Sidewalk Improvements Project Nos. 2023-03 and 2024-01; and authorize the City Manager to execute the agreement. EXECUTIVE SUMMARY • The projects are located along the east side of Washington Street from Avenue 50 to Calle Tampico and along the north side of Avenue 50 from Washington Street to Avenida Montero (Projects) (Attachment 1). • In January 2025, staff issued a Request for Proposals (RFP) for professional engineering consultants to prepare plans, specifications and engineer's estimate for the projects. The City received five (5) proposals from qualified firms. • Proposed is an agreement with NV5, Inc. (NV5) in the amount not to exceed $116,390 (Attachment 2). MPACT Budget for the Projects was allocated in fiscal year 2023/24 and 2024/25 Capital Improvement Program (CIP) in the amount of $478,000 in SB 1 Road Maintenance/Rehabilitation Funds and $400,000 in Measure A Funds. The following are the Projects budgets: Avenue 50 2024-01 Project Budget Washington Street 2023-03 Project Budget Professional $ 24,000 $ 47,800 Design $ 29,000 $ 120,000 Inspection/Testing/SurveyInspection/Testing/Survey $ 27,000 $ 32,265 Construction $ 280,000 $ 254,035 Contingency $ 40,000 $ 23,900 TOTAL: $ 400,000 $ 478,000 95 BACKGROUND/ANALYSIS In January 2025, staff issued an RFP for professional engineering consultants to prepare plans, specifications and engineer's estimate for the Projects. The City received five (5) proposals from qualified firms. The proposed agreement with NV5 to provide the services is for a total not to exceed amount of $116,390. The Projects will construct a 5-foot curb -adjacent sidewalk along Avenue 50 from Washington Street to the pedestrian gate at Avenida Montero and along Washington Street from Calle Tampico to the evacuation channel bridge that meanders to accommodate existing utilities and palm trees. It will also replace the curb ramp at the Village Shopping Center for Americans with Disabilities Act (ADA) compliance, improve pedestrian access and address issues with the retaining wall and garden wall located in both sections and modify the existing landscape and irrigation to incorporate the sidewalk and retaining wall. ALTERNATIVES Staff does not recommend an alternative. Prepared by: Carley Escarrega, Administrative Technician Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachments: 1. Vicinity Map 2. Agreement for Contract Services with NV5 ATTACHMENT 1 WASHINGTON ST & AVENUE 50 SIDEWALK IMPROVEMENTS LOCATION MAP e 4m14 Noa Y"� r ,ye( Ot Y �•! lip V� V ista JYos a c a tt� 9 ors Los Arbolc% 0 Mazatlan CabN Ila Wry w San Tmoteo St n 30 S•co DC� �tntlo p ?del Rio ; �" o° K < P+F 4's� 0 6�' a s O` ° A Via Sonata p S S C osrhdts Sagebrush Ave s _e f • %,�� �1_ O o Hoillebrucn Or La Ovena 'E � Sports 8 4 Y D q Saguaro Rd C!;Mplift el U v �• llnvy 11u•mn 2. P+ a EIr.-1. rtnry ii <!ml ��yo4r li Avenue -- -- CaN•Noru ;:, Avue50--� Ave1<�e]0 r.r:,m uu o 9narsvood 13 LarCoo O R u• iwP Roxun� cSlarepate °im . IL CyStla Pill C u s O a e+i as Or i Coyote Crks m S u aC, &a sen-Pod < R � Dig Horn Triz Brookville w L Avenida ultimo F w Bonn .4Lanv iAveMda Tu)unga v r � rr • iL Jam►non � o � s � n N n �a u Calle mdalgo n It Sinaloa 4' o Y � • N E a t .ho Durango u � Y ropero SPrangt paway Gortr oN D o Toroala AzaAat oa 6c uprtrn f•u u6hn ring� (� urntor p A 1-VrGIIGIh O ereckenrltl • Z i � l ,co (a Utan� P p Call* Tam Ico g CalleTarn9 Pima Cetrlao u o~La ca u�wio ao Ms,a :nrar� o w ° Avenyo, G z u a Is Foods Lima li r e Al•a' b ,; u a W e Mission nr,- t; Q Dwelt Alan C 0 u e $emu` S w� n <Xa yot 0 4 ilF � ovia eo<OY A� ante Mandarin• v+ a m Bsva 6- 0 a t� c Av•nitlaNueaUa Cr Go At•ne• Y2 pr W beacon Or E00 iris c CakAmrgo O`a g �r•s cru: pulnz OUP1 n �< s 4, 9 "c� RC)IT '0 IMPORTANT' Maps and data are to be used for reference purposes only. Map features are approximate, and are not necessarily accurate to surveying or engineering standards. The County of Riverside makes no warranty or guarantee as to the content (the source is often third party), accuracy, timeliness, or completeness of any of the data provided, and assumes no legal responsibility for the information contained on this map. Any use of this product with respect to accuracy and precision shall be the sole responsibility of the user. 0 2 000 4 000 Feet REPORT PRINTED ON...3/20/2025 4:36:32 PM ©Riverside County GIS Legend El City Boundaries World_Street_Map Notes 97 gm ATTACHMENT 2 AGREEMENT FOR CONTRACT SERVICES THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and NV5, Inc. with a place of business at 42829 Cook Street, Suite 104, Palm Desert, CA 92211 ("Contracting Party"). The parties hereto agree as follows: 1. SERVICES OF CONTRACTING PARTY. 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contracting Party shall provide those services related to design and related professional services for the Washington Street Sidewalk Improvements and Avenue 50 Sidewalk Improvements Projects no. 2023-03 and 2024-01, as specified in the "Scope of Services" attached hereto as "Exhibit A" and incorporated herein by this reference (the "Services"). Contracting Party represents and warrants that Contracting Party is a provider of first-class work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase "industry standards" shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances. 1.2 Compliance with Law. All Services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of the City and any Federal, State, or local governmental agency of competent jurisdiction. 1.3 Wage and Hour Compliance, Contracting Party shall comply with applicable Federal, State, and local wage and hour laws. 1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Contracting Party shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement, including a City of La Quinta business license. Contracting Party and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required for the performance of the Services required by this Agreement. Contracting Party shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the Services required by this Agreement, and shall indemnify, defend (with counsel selected by City), and hold City, its elected officials, officers, employees, and agents, free and harmless against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against City hereunder. Contracting Party shall be responsible for all subcontractors' compliance with this Section. •• 1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be performed, (b) it has investigated the site where the Services are to be performed, if any, 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. 100 -2- 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. � WelLVAI»0W111I116101 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 Sixteen Thousand Three Hundred Ninety Dollars ($116,390), 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 101 -3- 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. 3.1 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 "Exhibit C" (the specified in the Contract Officer, be performed diligently and within the time period established in "Schedule of Performance"). Extensions to the time period Schedule of Performance may be approved in writing by the or assigned designee. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contracting Party, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer, or assigned designee, in writing of the causes of the delay. The Contract Officer, or assigned designee, shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in the Contract Officer's judgment such delay is justified, and the Contract Officer's determination, or assigned designee, shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer, or assigned designee, to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on April 1, 2025, and terminate on December 31, 2025 ("Initial Term"). This Agreement may be extended for one (1) additional year upon mutual agreement by both parties ("Extended Term"), and executed in writing. 102 -4- 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) Jeffrey M. Cooper, PE Telephone No.: 858-385-0500 Email: jeff.cooper@nv5.com (b) Timothy R. Jonasson, PE Telephone No.: 760-250-6722 Email: tim.jonasson@nv5.com It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of Contracting Party and devoting sufficient time to personally supervise the Services hereunder. For purposes of this Agreement, the foregoing Principals may not be changed by Contracting Party and no other personnel may be assigned to perform the Services required hereunder without the express written approval of City. 4.2 Contract Officer. The "Contract Officer", otherwise known as Bryan McKinney, PE, Public Works Director/City Engineer, or assigned designee may be designated in writing by the City Manager of the City. It shall be Contracting Party's responsibility to assure that the Contract Officer, or assigned designee, is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer, or assigned designee. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer, or assigned designee. The Contract Officer, or assigned designee, shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any 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 103 -5- 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. 104 -6- 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 105 -7- 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. 106 -8- 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 107 -9- 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 108 -10- authorized by the Contract Officer, or assigned designee, thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, or assigned designee, except amounts held as a retention pursuant to this Agreement. 8.8 Termination for Default of Contracting Party. If termination is due to the failure of Contracting Party to fulfill its obligations under this Agreement, Contracting Party shall vacate any City -owned property which Contracting Party is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.2, take over the Services and prosecute the same to completion by contract or otherwise, and Contracting Party shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Contracting Party for the purpose of setoff or partial payment of the amounts owed City. 8.9 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys' fees; provided, however, that the attorneys' fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing party in the conduct of the litigation. Attorneys' fees shall include attorneys' fees on any appeal, and in addition a party entitled to attorneys' fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose. 9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 9.1 Non -liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contracting Party, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Contracting Party or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contracting Party's performance of the Services under this Agreement. Contracting Party further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the Contract Officer, or assigned designee. Contracting Party agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. Contracting Party warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 9.3 Covenant against Discrimination. Contracting Party covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry in the performance of this Agreement. Contracting Party shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. 10. MISCELLANEOUS PROVISIONS. 10.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section. To City: CITY OF LA QUINTA Attention: Bryan McKinney, PE 78495 Calle Tampico La Quinta, California 92253 To Contracting Party: NV5, Inc. Attention: Jeffrey M. Cooper, PE 42829 Cook Street, Suite 104 Palm Desert, CA 92211 10.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 10.3 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement. 10.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contracting Party and by the City Council of City. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 10.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 10.8 Unfair Business Practices Claims. In entering into this Agreement, Contracting Party offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contracting Party without further acknowledgment of the parties. 10.9 No Third -Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third -party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 10.10 Authority. The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, a California Municipal Corporation JON McMILLEN, City Manager City of La Quinta, California Dated: ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California NV5, INC: JEFFREY M, COOPER, PE EVP, Chief Operating Officer Dated: [See Attached] Exhibit A Scope of Services Exhibit A 113 Page 1 of 3 Last revised summer 2017 Scope Of Services The following scope of work describes and illustrates in detail the methods and processes proposed by NV5 to accomplish the objectives of the project. The scope is broken down into the tasks as follows: At the start of the project, NV5 will schedule a field walk with City representatives, and a kickoff with City staff and the project team to review the project objectives, schedule, scope and approach. At this meeting, we will establish a point of contact for the project and request all available information related to the project. In addition, the NV5 Project Manager will coordinate monthly update meetings with City representatives on all aspects of the project to ensure the project's completion to the satisfaction of the City. It is anticipated that meetings will include a project initiation meeting, a retaining wall concept meeting, and meetings following the review of plans by the City. Obtain And Review Record Drawings/As-Built Plans — We will research all available records, street improvement plans, right-of-way improvement plans, and utility plans containing information pertinent to the project. We will review previous studies and reports as available. Utility Notification And Coordination — We will assist the City in notifying utility companies and obtain available record maps of all utilities within the project limits. Utility coordination on the project will be ongoing and will generally consist of the following subtasks: • Access the Underground Service Alert's website and compile a list of member agencies that own facilities within the project limits. • Notify each utility purveyor, in writing, of the City's proposed plans and schedule and request copies of record drawings or atlas maps of existing and proposed facilities within the project boundary. • Obtain existing dry and wet utility plans/records within the project limits. This also includes the coordination of the adjustment of any utilities per City or other agency standards. • Prepare a Utility Notification Log to track utility company contacts and responses, including contact information and dates of all outgoing and incoming correspondence. NV5 will provide the following Survey services: Project Research — NV5 will research and obtain existing GIS locations showing the approximate street right-of-way. Horizontal control will be established per the California State Plane Coordinate system of NAD'83, observed at 2010.00. Elevations will be based on NAVAD88 vertical datum. Topographic Survey — NV5 will conduct a photogrammetric topographic survey delivered at 40 scale showing one -foot contours and prominent surface features over the proposed project areas. A color orthophoto will be provided. NV5 will show the existing right-of-way lines lines from record information. All survey monuments found during the field survey will be located and shown on the plans. Supplemental Topography — We will conduct a survey at 50-foot intervals along the east side of Washington Street from Calle Tampico to the bridge north of Avenida Ultimo and on the north side of Avenue 50 from Washington Street to Avenida Montero of existing topographic features including roadways, driveways, trees, mailboxes, fences, walls, existing striping, traffic signals, light poles, power poles, pull boxes, manholes, storm drain inlets, fire hydrants, and any other surface visible utilities. Field Review — We will conduct a field review of the project location to ensure a detailed depiction of conditions and work requirements on the plans and specifications. We believe that clear and concise plans and specifications are created from a total understanding of the existing conditions, properties, and environment of the project. Base Map — We will prepare base map showing topographic survey and supplemental topographic survey along with right-of-way information and existing easements as provided by record information. Wall Evaluation — The existing retaining wall will be inspected and evaluated for necessary repairs. Up to three concept alternatives addressing the repair needs will be presented with estimations of probable cost for City consideration. 35% Concept Level Plans — We will utilize the survey information to prepare base plans. These base plans will then be used to prepare a preliminary design, including improvements within the project limits. These will be submitted to the City staff for review and consideration. All plans will be submitted in the format as specified in the RFP. We will prepare preliminary plans for the proposed improvements at scale 1"=40'. 90-100% Improvement Plans — We will incorporate feedback from the 35% review and provide a full set of plans inclusive of all disciplines. As a cost and time savings to the City, NV5 proposes to eliminate the 65% review to move the project more quickly into construction. Upon City review of the plans at 90% completion, we will proceed with addressing comments in preparation of final PS&E. The plans will be prepared to conform to the general requirements of the City with consideration for the needs of the contractor's construction operations. All designs will be prepared and submitted in a manner that facilitates a complete design approved by the City. Where applicable, the construction plans will conform to the appropriate local and regional standards such as City, County, State standard plans and APWA Standard Specifications for Public Works Construction "Greenbook," and Caltrans standards when applicable. We will prepare final plans for the proposed improvements at scale 1"=40'. We will submit the 90- 100% for review and comment, and final plans with comments addressed with the final submittal. Specifications — We will prepare complete project specifications, including Special Provisions per the City's format. Copies of the Standard General Provisions and Construction Contract Agreement will be supplied by the City to incorporate into the construction documents. We will submit the Specifications at 90-100% completion for comment, and final Specifications with the final submittal. Estimation Of Probable Cost — We will prepare complete construction quantity and estimation of probable cost for the project. We will submit quantities and cost estimates at 90-100% completion for review, and final quantities and cost estimates with the final submittal. We will submit the final set of PS&E in printed and electronic formats. Electronic formats will include (AutoCAD, Microsoft Word, & Microsoft Excel) and complete PDF copy. NV5 can also provide as -needed bidding and award support services. We will assist the City in answering questions and responding to "Requests for Information" (RFIs) in support through award. We will prepare clarification drawings, review substitution "or equal" reviews, and respond to design questions if needed. If the City chooses, NV5 can conduct a limited geotechnical investigation of surface and subsurface conditions near three locations designated by the design team showing wall distress. The purpose of this investigation is to determine the soil classification for materials approximately two to three feet below the surface using a hand auger, measure the apparent density using Dynamic Cone Penetrometer hand equipment, and prepare geotechnical recommendations for any subsurface repair. To help prevent damage to subsurface utilities during the investigative work for the geotechnical investigation, NV5 will mark proposed excavation/coring !q'! -� areas and will ._..- submit a utility markout request (811/Dig Alert). Field work wil be conducted at the _ three locations determined by the design team and borings logged by a NV5 Engineer or geologist. Samples will be taken and tested for geotechnical parameters. Analysis and a limited letter report will be produced regarding the potential subgrade support for the walls where investigated. NV5 will perform laboratory testing at an NV5 soils laboratory on the following samples: • Uniform Soil Classification System (USCS) testing on base material (if any) at up to four corings locations. • USCS testing on material encountered approximately 3 feet to 4 feet below the surface at up to three locations. • Corrosivity testing on encountered soils at two locations. NV5 will subcontract corrosivity testing to a separate laboratory. Assumptions: • NV5 will only perform hand auger borings in soil area; flatwork or AC areas are excluded. • Care will be taken to work around landscaping, however disturbed vegetation will not be replaced, if damaged. • Prevailing wage rates apply. • Work will be performed during regular business hours on weekdays. If night work or restricted hours are required as part of the excavation/traffic control permit, additional charges will apply. • One mobilization within one day for field work is anticipated. If more than one day is required due to circumstances beyond NV5's control, additional charges will apply. Submittals • (1) Letter Report of Geotechnical Investigation (final) • Environmental/CEQA Documentation. • ROW Acquisition and Appraisal. • Legal Descriptions and Plats. • Landscape design services. • Potholing of Underground Utilities. • Storm Drain Design Services. • Construction Management and Inspection Services. • Utility Company's relocation plans or protection plans will be provided as an additive service if needed. • Items not specifically mentioned in the scope of services are excluded. 116 ADDENDUM TO AGREEMENT Re: Scope of Services If the Scope of Services include construction, alteration, demolition, installation, repair, or maintenance affecting real property or structures or improvements of any kind appurtenant to real property, the following apply: 1. Prevailing Wage Compliance. If Contracting Party is a contractor performing public works and maintenance projects, as described in this Section 1.3, Contracting Party shall comply with applicable Federal, State, and local laws. Contracting Party is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Sections 16000, et seq., (collectively, the "Prevailing Wage Laws"), and La Quinta Municipal Code Section 3.12.040, which require the payment of prevailing wage rates and the performance of other requirements on "Public works" and "Maintenance" projects. If the Services are being performed as part of an applicable "Public works" or "Maintenance" project, as defined by the Prevailing Wage Laws, and if construction work over twenty- five thousand dollars ($25,000.00) and/or alterations, demolition, repair or maintenance work over fifteen thousand dollars ($15,000.00) is entered into or extended on or after January 1, 2015 by this Agreement, Contracting Party agrees to fully comply with such Prevailing Wage Laws including, but not limited to, requirements related to the maintenance of payroll records and the employment of apprentices. Pursuant to California Labor Code Section 1725.5, no contractor or subcontractor may be awarded a contract for public work on a "Public works" project unless registered with the California Department of Industrial Relations ("DIR") at the time the contract is awarded. If the Services are being performed as part of an applicable "Public works" or "Maintenance" project, as defined by the Prevailing Wage Laws, this project is subject to compliance monitoring and enforcement by the DIR. Contracting Party will maintain and will require all subcontractors to maintain valid and current DIR Public Works contractor registration during the term of this Agreement. Contracting Party shall notify City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contracting Party's or any of its subcontractor's DIR registration status has been suspended, revoked, expired, or otherwise changed. It is understood that it is the responsibility of Contracting Party to determine the correct salary scale. Contracting Party shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contracting Party's principal place of business and at the project site, if any. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contracting Party must forfeit to City TWENTY-FIVE DOLLARS ($25.00) per day for each worker who works in excess of the minimum working hours when Contracting Party does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day. Contracting Party also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et seq., including Section 1776. In addition to the other indemnities provided under this Agreement, Contracting Party shall defend (with counsel selected by City), indemnify, and hold City, Exhibit A 117 Page 2 of 3 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. 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. Exhibit A 118 Page 3 of 3 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 Sixteen Thousand Three Hundred Ninety Dollars ($116,390) ("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. Exhibit B 119 Page 1 of 1 FEE PROPOSAL N V 5 CITY OF LA QUINTA PROFESSIONAL DESIGN SERVICES WASHINGTON STREET AND AVENUE 50 SIDEWALK IMPROVEMENTS TASK NO. WORK DESCRIPTION SR.PROJECT PROJECT MANAGER MANAGER $240 $220 HOURSI S HOURSI S SR. CADD TECHNICIAN/ ASST. ENGINEER DESIGNER $155 $136 HOURS $ HOURS $ SURVEY GEOTECHNICAL TOTAL FEE 1.1 ' • .• Site Walk $0 6 $1,320 6 $930 $0 $2,250 1.2 Kickoff/Preliminary Engineering Meeting 6 $1,440 2 $440 2 $310 $0 $2,190 1.3 Monthly Update/Review Meetings 6 $1,440 10 $2,200 2 $310 $0 $3,950 1.4 As -Built Research $0 4 $880 $0 10 $1,360 $2,240 1.5 Utility Coordination $0 8 $1,760 $0 $0 $17760 2.1 Full Base Mapping and Topographic Survey $0 $0 $0 $0 $23,360 $23,360 3.1 Wall Evaluation/Mitigation $0 12 $2,640 $0 $0 $2,640 3.2 35% Concept Level Plans $0 30 $6,600 260 $40,300 $0 $46,900 3.3 90%-100% Improvement Plans $0 12 $2,640 90 $13,950 $0 $16,590 3.4 FINAL Project Plans $0 10 $2,200 20 $3,100 $0 $5,300 3.5 Project Specifications $0 20 $4,400 $0 $0 $4,400 3.6 4.0 4.1 Engineer's Opinion of Cost Bidding/Construction Supp Respond to RFIs $0 $0 4 4 $880 $880 8 2 $1,240 $310 $0 $0 $2,120 $1,190 4.2 Submittal Reviews $0 4 $880 $0 $0 $880 4.3 Clarification Exhibits $0 $0 4 $620 $0 $620 Subtotal 12 $2,880 126 $27,720 394 $61,070 10 $1,360 $23,360 $0 $116,390 TOTAL• •-EXCEED (WITHOUT OPTIONAL 1 Geotechnical (OPTIONAL' 5.1 Wall Investigation & Repair Recommendations (OPTIONAL) SO SO $0 $0 $16,147 $16,147 1 NV5 Exhibit C Schedule of Performance Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, in accordance with the Project Schedule, attached hereto and incorporated herein by this reference. Exhibit C 121 Page 1 of 1 None Exhibit D Special Requirements Exhibit D Page 1 of 1 122 Exhibit E Insurance Requirements E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A -VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Must include the following endorsements: General Liability Additional Insured General Liability Primary and Non-contributory Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Auto Liability Additional Insured Personal Auto Declaration Page if applicable Errors and Omissions Liability $1,000,000 (per claim and aggregate) Workers' Compensation (per statutory requirements) Must include the following endorsements: Workers Compensation with Waiver of Subrogation Workers Compensation Declaration of Sole Proprietor if applicable Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party's acts or omissions rising out of or related to Contracting Party's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder. Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Exhibit E 123 Page 1 of 6 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. Exhibit E 124 Page 2 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. Exhibit E 125 Page 3 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 Exhibit E 126 Page 4 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. Exhibit E 127 Page 5 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. Exhibit E 128 Page 6 of 6 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. Exhibit F 129 Page 1 of 2 d. Indemnification Provision for Desian Professionals. 1. Applicability of this Section F.1(d). Notwithstanding Section F.1(a) hereinabove, the following indemnification provision shall apply to a Contracting Party who constitutes a "design professional" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. When the law establishes a professional standard of care for Contracting Party's Services, to the fullest extent permitted by law, Contracting Party shall indemnify and hold harmless City and any and all of its officials, employees, and agents ("Indemnified Parties") from and against any and all losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses, including, without limitation, incidental and consequential damages, court costs, reimbursement of attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party. 3. Design Professional Defined. As used in this Section F.1(d), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Exhibit F, as applicable to the Contracting Party, from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contracting Party in the performance of this Agreement. In the event Contracting Party fails to obtain such indemnity obligations from others as required herein, Contracting Party agrees to be fully responsible according to the terms of this Exhibit. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth in this Agreement are binding on the successors, assigns or heirs of Contracting Party and shall survive the termination of this Agreement. Exhibit F 130 Page 2 of 2 CONSENT CALENDAR ITEM NO. 5 City of La Quinta CITY COUNCIL MEETIN( April 1, 2025 STAFF REPORT AGENDA TITLE- APPROVE AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES WITH WILLDAN FINANCIAL SERVICES, INC FOR ANNUAL LEVY ADMINISTRATIVE SERVICES FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 RECOMMENDATION Approve Amendment No. 1 to Agreement for Contract Services with Willdan Financial Services, Inc. for annual levy administrative services for Landscape and Lighting Assessment District 89-1 increasing the contract amount and extending the term for two years; and authorize the City Manager to execute the amendment. EXECUTIVE SUMMARY • The City annually levies and collects special assessments in order to provide and maintain the facilities, improvements, and services within the Landscape and Lighting Assessment District No. 89-1 (L&L). • In June 2022, Willdan Financial Services (Willdan) was awarded an Agreement for Contract Services (Agreement) for L&L administrative services (administrative services). • The proposed Amendment No. 1 will extend the Agreement for two years and increase the not to exceed amount from $12,500 to $15,000 annually for the extended term. FISCAL Funds are available in the L&L administration budget account (215-7004-60102). The annual cost would not exceed $15,000 per year for fiscal years 2025/26 and 2026/27. Fiscal Year Amount 2022/23 $12,500 2023/24 $12,500 2024/25 $12,500 2025/26 $15,000 2026/27 $15,000 Total Amount: $67,500 131 BACKGROUND/ANALYSIS In June 2022, Willdan was awarded an Agreement for administrative services for the L&L. The City utilizes Willdan to annually levy and collect special assessments to provide and maintain the facilities, improvements, and services within the L&L. The assessments provide a specific services and benefit to the land parcels assessed. These services are necessary for roadway safety, water retention, and visual aesthetics, and include preparation of the Annual Engineer's Report to include a description of all zones/subzones, fiscal year budget summary, method of fee application (formula for spreading levy), and each parcel's levy estimate. If approved, Amendment No. 1 (Attachment 1) will extend the Agreement for two additional years, through June 30, 2027, and due to additional services and cost increases, the annual not to exceed amount will increase from $12,500 to $15,000 for the extended term. ALTERNATIVES Staff does not recommend an alternative. Prepared by: Dianne Hansen, Maintenance & Operations Superintendent Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachment 1: Amendment No. 1 with Willdan Financial Services. Inc. 132 ATTACHMENT 1 AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES WITH WILLDAN FINANCIAL SERVICES This Amendment No. 1 ("Amendment No. 1 ") to Agreement for Contract Services ("Agreement") is made and entered into as of the 1 st day of April 2025 ("Effective Date") by and between the CITY OF LA QUINTA ("City"), a California municipal corporation and Willdan Financial Services Inc. ("Contracting Party"). RECITALS WHEREAS, on or about July 1, 2022, the City and Contracting Party entered into an Agreement to provide Annual Levy Administrative Services for the Landscape and Lighting Assessment District 89-1. The term of Agreement expires on June 30, 2025; and WHEREAS, the City and Contracting Party mutually agree to amend Section 1.1 Scope of Services to include services as detailed in enclosed Exhibit A incorporated herewith by this reference to this Amendment No. 1; and WHEREAS, the City and Contracting Party mutually agree to amend Section 2.1 Contract Sum for the Extended Term of the Agreement, for a not to exceed amount of $15,000 per fiscal year which includes attending Council meeting via Zoom teleconference, postage, maps, electronic data provided from the County and/or other applicable sources, construction cost periodicals, and copying costs as detailed in Exhibit B Schedule of Compensation, incorporated herewith by this reference; and WHEREAS, pursuant to Section 3.4 Term, the City and Contacting Party mutually agree to extend the term of the Agreement for an additional two -years from July 1, 2025, to June 30, 2027 ("Extended Term"). NOW THEREFORE, in consideration of the mutual covenant herein contained, the parties agree as follows: AMENDMENT In consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties hereto agree as follows: 1. Section 1.1 Scope of Services is amended to include services detailed in the enclosed "Exhibit A" incorporated herewith by this reference. 133 2. Section 2.1 Contract Sum; is amended to read as follows: 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 $12,500 per fiscal year for the Initial Term, and $15,000 per fiscal year for the Extended Term (the "Contract Sum"), except as provided in Section 1.7. 3. Exhibit B — Schedule of Compensation is amended as detailed in enclosed "Exhibit B" incorporated herewith by this reference. 4. Section 3.4 Term is amended to read as follows: 3.4 Term. Unless earlier terminated in accordance with the provisions of Article 8.0 of this Agreement, the term of this Agreement shall commence on July 1, 2022, and terminate on or before June 30, 2025 ("Initial Term"). This Agreement is being extended for an additional two-year term from July 1, 2025, through June 30, 2027 ("Extended Term"). This Agreement may not be extended any further. In all other respects, the original Agreement shall remain in effect. 134 IN WITNESS WHEREOF, the City and Contracting Party have executed this Amendment No. 1 to the Agreement on the respective dates set forth below. CITY OF LA QUINTA a California municipal corporation JON McMILLEN, City Manager City of La Quinta, California Dated: ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California WILLDAN FINANCIAL SERVICES, INC. GLADYS MEDINA, Vice President Dated: 135 Exhibit A Scope of Services "�� City of La Oumta �/�► W I LLDAN LA Ouinta Landscaping and Lighting District r1 FY 2025.26 Timeline Day of Tairget (Balloting Not Requwed) the Week Date Project Task s Kickoff Meeting To discuss the District, the levy process and overall expectations — City Council Meeting dates. staffing changes. budget information. District Specific or Changes Tuesday 031181025 (including the improvements and services provided. formations or annexations. changes to the assessments particularly new or increased assessments). and the anticipated levy timeline Thursday 03/2012025 Based on the Kick-off meeting WdWan provides the City with revised budget worksheets and timeline options (If any reinsions are necessary). W,talon establishes new levy database for the current year —including prekminary database Friday 0128.2025 checks. land use and parcel changes. than identify all levy issues including arty additional maps or parcel information nacessary to complete the Preliminary Engineers Report Friday 04f 1812025 City provides Wildan with Pi 11a Mary Budget Information. Friday 0412512025 Wildan develops draft Engineer's Report and begins Praimnary Assessment Evaluation City staff and Wdldan discuss the budget, proposed assessments. and revenue Monday 04/2812025 alternatives based on Preliminary Assessment Evaluation. City staff confront Ow intent to not have any new or increased assessments (No Ptopal IV Owner Ballots will be rarµared) and finalize the levy praosss . Thursday 05101/2025 City provides Wildan with Anal revisions Is this budget tossed on previous discussions Friday 05A)Q/2025 W Arlan completes final modipst ons to rue Fingi ears Report based on City's input of the proposed assessments and budpats. and finahm resolutions and dowmentabon. Willden delivm:1.) Preliminary Engineers Report; 2.) Resolution and Friday 0516.12025 documents necessary for the Intent Meeting; 3.) Resolutions and documents needed for the Public Hearing (d completed). Intent Meeting: Council adopts Resolution: 1.) Resolution of Intent and Preliminary Tuesday O&OV2025 Approval of the Engineer's Report (Reviews and preimiwrily approves the report and the proposed assessment) Willdan delivers: 1.) Resolution to be adopted at the Public Hearing (If not previously provided): 2.) Final Engineer's Report (bf changes or modifications T cloy OW0512025 to the Preliminary Report were ordered by City Council action or R any substantial or material changes must be made to the report on file with the City Clerk.) Pursuant to sections 22620. 22552 and 22553 of" 1972 Act and W81 of rue Government Friday 06MI2025 Code. the City CIMc shall publish the resolution of Intention one time at least 10 days prior to the Public Hearing. Public Hearing: Council folds public hearing regarding the District and assessments. After the public hearing has been dosed. tux Council may discuss and adopt the Tuesday 06117/2025 appropriate resolutions for the District and levy of assessments: 1.) Resolution Approving the Engineers Report(As Submitted or Amended). 2.) Resolution Ordering the Levy and Collection of Assessments. City Clerk provides Widan with two Certified *wet copies' of all documents to be submrued Tuesday 071OW-025 to the County with the assessment roll including the Resolution Ordering the Levy and Collection of Assessments and any Proposition 218 Compliance Documentation. Friday 0711112025 Wildan reviews. confirms and updates all levy database fdes reflected in the Engineers Report, budgets andfor assessment rates approved by the City Council. Friday 0111/0812025 WiMdan Submits Levy to County (Levy Tope, Resolutions and any other Documentation). Fridry 0&15/2025 Wdldan submits Levy Corrections to the County for all taxable exceptions Fridsr 10/0312025 Wilidan provides the City wth an Applied Levy Summary 136 Exhibit B Schedule of Compensation With the exception of compensation, 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 Twelve Thousand Five -Hundred Dollars ($12,500) per fiscal year during the Initial Term, and not to exceed Fifteen Thousand Dollars ($15,000) per fiscal year for the Extended Term ("Contract Sum"). The increase in compensation includes attending Council meeting via Zoom teleconference, postage, maps, electronic data provided from the County and/or other applicable sources, construction cost periodicals, and copying costs. The Contract Sum shall be paid to Contracting Party in conformance with Section 2.2 of the Agreement. On -site meetings with staff or other parties (or requests for reports containing information not included in the Engineer's Report, parcel data bases, County secured roll, or County tax payment tapes that are not listed in the scope of work) will be billed at the hourly rates listed below (see additional services below). In the event that a third party requests any documents, Willdan may, in accordance with Willdan's applicable rate schedule, charge such third party for providing said documents. City shall reimburse Willdan for any costs Willdan incurs, including without limitation, physical travel expenses, employee time and attorney' fees to respond to the legal process of any governmental agency relating to City or relating project. Reimbursement shall be at Willdan's rates listed below. Additional Services Additional authorized services will be billed at Willdan's then current hourly consulting rates. Our current hourly rates are listed in the table below. Position HRatey Position HRatey Director S210 Assessment Engineer S211 Principal Consultant i Assistant Director S200 Senior Project Manager S165 Project Manager / Program Director S145 Senior Project Analyst S130 Senior Analyst S120 Analyst S100 Assistant Analyst $ 75 Property Owner Service Representative $ 55 Support Staff $ 50 137 138 CONSENT CALENDAR ITEM NO. 6 City of La Quinta CITY COUNCIL MEETIN( April 1, 2025 STAFF REPORT AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH GHD, INC. AND AUTHORIZE PHASE 1 DESIGN SERVICES FOR AVENUE 52 AT JEFFERSON STREET ROUNDABOUT IMPROVEMENTS PROJECT NO. 2024-10 RECOMMENDATION Approve an Agreement for Contract Services with GHD, Inc. authorizing Phase 1 in the amount of $299,561 for Design Services for Avenue 52 at Jefferson Street Roundabout Improvements Project No. 2024-10; and authorize the City Manager to execute the agreement. EXECUTIVE SUMMARY • The project is located at the intersection of Avenue 52 and Jefferson Street, where the existing roundabout serves as a critical hub for traffic movement in the area (Attachment 1). • In December 2024 staff issued an Request for Proposals (RFP) to provide investigative and professional engineering services with the potential to prepare bid documents based on findings. The City received three (2) proposals in January 2025. • Staff recommends approving an Agreement CS(Agreement) with GHD, Inc. for Phase 1 of the project in an amount not to exceed $299,561 (Attachment 2). FISCAL IMPACT Fiscal year 2024/2025 Capital Improvement Program (CIP) allocated a budget of $600,000 in Transportation DIF Funding for this project. The following is the project budget: Project Budget* Professional $ 36,000 Design $ 504,000 Contingency $ 60,000 TOTAL: $ 600,000 139 BACKGROUND/ANALYSIS In December 2024 staff issued an RFP to provide investigative and professional engineering services with the potential to prepare plans, specifications, and engineer's estimate to enhance safety and functionality of the roundabout and received two (2) proposals in January 2025. The Avenue 52 at Jefferson Street Roundabout Improvements project is a key initiative to enhance safety and functionality for all users of this intersection, including vehicles, bicyclists, and pedestrians. The City needs an innovative and practical approach to upgrade the existing roundabout to adhere to current safety and design standards. This project will be conducted in multiple phases, the scope of this Phase 1 agreement includes, but is not limited to: • Evaluate the existing roundabout — conducting a comprehensive assessment of the current roundabout configuration, including traffic flow, safety concerns, and infrastructure conditions. • Propose safety and accessibility improvements — developing up to 3 conceptual designs for improvements, incorporating bike ramps, updated curb ramps compliant with ADA standards, revised striping, and enhancements to pedestrian and cyclist facilities. Additional project phases will include final design based on the Phase 1 assessment and Council's recommendations and direction. Staff recommend approving the Agreement for Phase 1 contract services with GHD in an amount not to exceed $299,561. If approved the City will have the option to amend the Agreement to continue services with GHD for the additional phases. The current estimate for all contract services for Phase 1 and the additional phases is $721,666. ALTERNATIVES Staff does not recommend an alternative. Prepared by: Ubaldo Ayon, Assistant Construction Manager Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachments: 1. Vicinity Map 2. 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Map features are approximate, and are not RCIT necessarily accurate to surveying or engineering standards. The County of Riverside makes no warranty or guarantee as to the content (the source is often third party), accuracy, timeliness, or completeness of any of the data provided, and assumes no legal responsibility for the information contained on this map. Any use of this product with respect to accuracy and precision shall be the sole responsibility of the user. 0 3 009 6 019 Feet REPORT PRINTED ON...3/20/2025 1:19:12 PM ©Riverside County GIS Legend El City Boundaries City Areas World —Street —Map Notes 141 ATTACHMENT 2 AGREEMENT FOR CONTRACT SERVICES THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and GHD, Inc., with a place of business at 320 Goddard Way, Suite 200, Irvine, CA 92618 ("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 engineering services for project no. 2024-10, Avenue 52 at Jefferson Street Roundabout Improvements, 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 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 the services shall be performed in a manner consistent with the level of care and skill ordinarily exercised by members of Contracting Party's profession practicing in the same discipline and locality 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 142 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 perform the services in a manner consistent with the level of care and skill ordinarily exercised by members of the Contracting Party's profession practicing in the same discipline and locality under similar circumstances. 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. 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 -2- 143 Requirements"), which is incorporated herein by this reference and expressly made a part hereof. In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with "Exhibit B" (the "Schedule of Compensation") in a total amount not to exceed Two Hundred Ninety -Nine Thousand and Five Hundred Sixty -One Dollars ($299,561), for the life of the Agreement, encompassing the Initial and any Extended Terms (the "Contract Sum"), except as provided in Section 1.7. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Contracting Party's rate schedule, but not exceeding the Contract Sum, or such other reasonable methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contracting Party at all project meetings reasonably deemed necessary by City; Contracting Party shall not be entitled to any additional compensation for attending said meetings. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the method of compensation set forth in the Schedule of Compensation, Contracting Party's overall compensation shall not exceed the Contract Sum, except as provided in Section 1.7 of this Agreement. 2.2 Method of Billing & Payment. Any month in which Contracting Party wishes to receive payment, Contracting Party shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for Services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the Services provided, including time and materials, and (2) specify each staff member who has provided Services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Contracting Party specifying that the payment requested is for Services performed in accordance with the terms of this Agreement. Upon approval in writing by the Contract Officer, or assigned designee, and subject to retention pursuant to Section 8.3, City will pay Contracting Party for all items stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department. 2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the 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 -3- 144 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. Except for events of force majeure identified in Section 3.3, if the Services are not completed in accordance with the Schedule of Performance, as set forth in Section 3.2 and "Exhibit C", it is understood that the City will suffer damage. 3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in "Exhibit C" (the "Schedule of Performance"). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer, or assigned designee. 3.3 Force Maieure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contracting Party, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer, or assigned designee, in writing of the causes of the delay. The Contract Officer, or assigned designee, shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in the Contract Officer's judgment such delay is justified, and the Contract Officer's determination, or assigned designee, shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer, or assigned designee, to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on April 2, 2025, and terminate on December 31, 2026 ("Initial Term"). This Agreement may be extended 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: -4- 145 (a) Steven Latino, PE, TE Telephone No.: 951-252-4916 Email: steven.latino@ghd.com (b) Lindsey Van Parys, PE, QSD/P Telephone No.: 916-245-4220 Email: lindsey.vanparys@ghd.com It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of Contracting Party and devoting sufficient time to personally supervise the Services hereunder. For purposes of this Agreement, the foregoing Principals may not be changed by Contracting Party and no other personnel may be assigned to perform the Services required hereunder without the express written approval of City. 4.2 Contract Officer. The "Contract Officer", otherwise known as Bryan McKinney, PE, Public Works Director/City Engineer, or assigned designee may be designated in writing by the City Manager of the City. It shall be Contracting Party's responsibility to assure that the Contract Officer, or assigned designee, is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer, or assigned designee. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer, or assigned designee. The Contract Officer, or assigned designee, shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City's express written approval shall be null, void, and of no effect. No approved transfer shall release Contracting Party of any liability hereunder without the express consent of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contracting Party, its agents, or its employees, perform the Services required herein, except as otherwise set forth herein. -5- 146 City shall have no voice in the selection, discharge, supervision, or control of Contracting Party's employees, servants, representatives, or agents, or in fixing their number or hours of service. Contracting Party shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contracting Party in its business or otherwise or a joint venture or a member of any joint enterprise with Contracting Party. Contracting Party shall have no power to incur any debt, obligation, or liability on behalf of City. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Except for the Contract Sum paid to Contracting Party as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contracting Party for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contracting Party for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contracting Party and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (TERS") as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contracting Party agrees to pay all required taxes on amounts paid to Contracting Party under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contracting Party shall fully comply with the workers' compensation laws regarding Contracting Party and Contracting Party's employees. Contracting Party further agrees to indemnify and hold City harmless from any failure of Contracting Party to comply with applicable workers' compensation laws. City shall have the right to offset against the amount of any payment due to Contracting Party under this Agreement any amount due to City from Contracting Party as a result of Contracting Party's failure to promptly pay to City any reimbursement or indemnification arising under this Section. 4.5 Identity of Persons Performing Work. Contracting Party represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all of the Services set forth herein. Contracting Party represents that the Services required herein will be performed by Contracting Party or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services. 4.6 City Cooperation. City shall provide Contracting Party with any plans, publications, reports, statistics, records, or other data or information pertinent to the Services to be performed hereunder which are reasonably available to Contracting Party only from or through action by City. -6- 147 5. INSURANCE. 5.1 Insurance. Prior to the beginning of any Services under this Agreement and throughout the duration of the term of this Agreement, Contracting Party shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, policies of insurance as set forth in "Exhibit E" (the "Insurance Requirements") which is incorporated herein by this reference and expressly made a part hereof. 5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance to Agency along with all required endorsements. Certificate of Insurance and endorsements must be approved by Agency's Risk Manager prior to commencement of performance. 6. INDEMNIFICATION. 6.1 Indemnification. To the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, agents, and volunteers as set forth in "Exhibit F" ("Indemnification") which is incorporated herein by this reference and expressly made a part hereof. 7. RECORDS AND REPORTS. 7.1 Reports. Contracting Party shall periodically prepare and submit to the Contract Officer, or assigned designee, such reports concerning Contracting Party's performance of the Services required by this Agreement as the Contract Officer, or assigned designee, shall require. Contracting Party hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contracting Party agrees that if Contracting Party becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contracting Party is providing design services, the cost of the project being designed, Contracting Party shall promptly notify the Contract Officer, or assigned designee, of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contracting Party is providing design services, the estimated increased or decreased cost estimate for the project being designed. 7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the "Books and Records"), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer, or assigned designee, to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer, or assigned designee, shall have full and free access to such Books -7- 148 and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contracting Party's business, custody of the Books and Records may be given to City, and access shall be provided by Contracting Party's successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement. 7.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium prepared or caused to be prepared by Contracting Party, its employees, subcontractors, and agents in the performance of this Agreement (the "Documents and Materials") shall be the property of City and shall be delivered to City upon request of the Contract Officer, or assigned designee, or upon the expiration or termination of this Agreement, and Contracting Party shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contracting Party will be at City's sole risk and without liability to Contracting Party, and Contracting Party's guarantee and warranties shall not extend to such use, revise, or assignment. Contracting Party may retain copies of such Documents and Materials for its own use. Contracting Party shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contracting Party fails to secure such assignment, Contracting Party shall indemnify City for all damages resulting therefrom. 7.4 In the event City or any person, firm, or corporation authorized by City reuses said Documents and Materials without written verification or adaptation by Contracting Party for the specific purpose intended and causes to be made or makes any changes or alterations in said Documents and Materials, City hereby releases, discharges, and exonerates Contracting Party from liability resulting from said change. The provisions of this clause shall survive the termination or expiration of this Agreement and shall thereafter remain in full force and effect. 7.5 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contracting Party shall require all subcontractors, if any, -8- 149 to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contracting Party represents and warrants that Contracting Party has the legal right to license any and all of the Documents and Materials. Contracting Party makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contracting Party or provided to Contracting Party by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7.6 Release of Documents. The Documents and Materials shall not be released publicly without the prior written approval of the Contract Officer, or assigned designee, or as required by law. Contracting Party shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.7 Confidential or Personal Identifying Information. Contracting Party covenants that all City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussion notes, or other information, if any, developed or received by Contracting Party or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contracting Party to any person or entity without prior written authorization by City or unless required by law. City shall grant authorization for disclosure if required by any lawful administrative or legal proceeding, court order, or similar directive with the force of law. All City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussions, or other information shall be returned to City upon the termination or expiration of this Agreement. Contracting Party's covenant under this section shall survive the termination or expiration of this Agreement. 8. ENFORCEMENT OF AGREEMENT. 8.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contracting Party covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer, or assigned designee; provided that if the default is an immediate danger to the health, -9- 150 safety, or general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to this Article 8.0. During the period of time that Contracting Party is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default. 8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contracting Party in the performance of the Services required by this Agreement. 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non -defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Contracting Party requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Contracting Party. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Termination Prior To Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer, or assigned designee. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer, or assigned designee, thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, or assigned designee, except amounts held as a retention pursuant to this Agreement. 8.8 Termination for Default of Contracting Party. If termination is due to the failure of Contracting Party to fulfill its obligations under this Agreement, Contracting Party shall vacate any City -owned property which Contracting Party is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.2, take over the Services and prosecute the same to completion by contract or otherwise, and Contracting Party shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Contracting Party for the purpose of setoff or partial payment of the amounts owed City. 8.9 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys' fees; provided, however, that the attorneys' fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing party in the conduct of the litigation. Attorneys' fees shall include attorneys' fees on any appeal, and in addition a party entitled to attorneys' fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose. 9. CITY OFFICERS AND EMPLOYEES: NONDISCRIMINATION. 9.1 Non -liability, of Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contracting Party, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Contracting Party or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contracting Party's performance of the Services under this Agreement. Contracting Party further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the Contract Officer, or assigned designee. Contracting Party agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. Contracting Party warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 9.3 Covenant against Discrimination. Contracting Party covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry in the performance of this Agreement. Contracting Party shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. 10. MISCELLANEOUS PROVISIONS. 10.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section. To City: CITY OF LA QUINTA Attention: Bryan McKinney, PE 78495 Calle Tampico La Quinta, California 92253 To Contracting Party: GHD, Inc. Attention: Steven Latino, PE, TE 320 Goddard Way, Suite 200 Irvine, CA 92618 10.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 10.3 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement. 10.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contracting Party and by the City Council of City. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 10.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 10.8 Unfair Business Practices Claims. In entering into this Agreement, Contracting Party offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contracting Party without further acknowledgment of the parties. 10.9 No Third -Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third -party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 10.10 Authority. The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, CONTRACTING PARTY: a California Municipal Corporation JON McMILLEN, City Manager City of La Quinta, California Dated: ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California By:_ Name: Title: By:_ Name: Title: Exhibit A Scope of Services 1. Services to be Provided: This Agreement is limited to the attached Scope of Work referenced as Phase 1. 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: Exhibit A Page 1 of 3 Last revised summer AWD 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, 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 Exhibit A Page 2 of 3 157 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. Exhibit A Page 3 of 3 158 Exhibit A - Scope of Services Task 1 — Project Management GHD will be responsible for general project management, project coordination, monitoring progress for adherence to schedule and budget, reporting on progress, and administering the project, including interfacing with the City of La Quinta and other stakeholders. GHD will be required to attend to project related meetings and provide appropriate coordination. For budgeting purposes, it is assumed this project will be completed within 18 months. If the project extends beyond that time frame, additional project management time may need to be negotiated. Anticipated Meetings include: • Pre -Design meeting to clarify design objectives (virtual) • Field walk followed by kickoff meeting with the City to discuss the proposed work plan and special concerns, held at City offices • Virtual monthly PDT meetings (up to 16 meetings) • Up to two HOA meetings with the City • Up to two City Council meetings • Final design scoping meeting (see Task 5) GHD will also prepare monthly summary reports, invoicing and schedule updates as necessary. Deliverables: Meeting agendas, meeting minutes, monthly summary report with invoice, schedule updates Task 2 — Evaluation of Existing Roundabout Data Collection and Evaluation GHD will review all existing material provided by the City including original project plans, as built plans, revised plans, collision data, traffic counts, speed surveys, lighting analysis previously performed, and any other documentation the City believes may help inform the analysis. It is assumed all materials will be provided electronically. Data collection is not included in this scope of services, except for survey services which is covered under a different task. However, if there is missing or not enough data available to conduct the assessment, GHD will advise the City and adjustments to the scope and fee can be made to address any lacking information. Based on this data GHD will perform a safety and operational analysis on the Ave. 52 roundabout. GHD's analysis will begin with a traffic operations analysis to determine the appropriate lane geometrics based on existing traffic data and expected growth. Traditional forecasting will not be done on the project, however, traffic volumes will be escalated to an agreed upon future year based on available existing forecasting models or industry standard practices based on average population growth within the Coachella Valley. The evaluation will also be conducted on the geometric design of the existing intersection and will include the following: Fast path Pavement delineation Sight distances (corner, stopping, and intersection) Non -motorized user accommodations Entry and view angles Curb design and material choices Design vehicle accommodation Lighting (assumes lighting analysis conducted during the Approach geometry design will be provided by the City) Central and splitter island design, including landscape Bicycle/Pedestrian accommodations Signing ADA accessibility 159 GHD I City of La Quinta I Avenue 52 at Jefferson Roundabout Improvements Project The analysis will be rooted in assessing adherence to roadway and roundabout established guidelines, standards, and design principles, based on the most current roundabout design guidelines, NCHRP Report 1043: "Guide for Roundabouts (2023)". Draft & Final Roundabout Evaluation Report GHD will develop a draft and final report in which existing conditions are documented, findings of the analysis presented, and countermeasure recommendations which aim to address identified deficiencies and/or to improve overall safety of the intersection will be provided. The proposed modifications and/or safety countermeasure suggestions will be based upon current design principals, crash modification factor for collision trends, and best practices which includes Human Factor considerations in understanding the road user's ability to interpret and process potential conflicts. Anticipated Report Content: Background and methodology Recommended improvements: Summary of data review o Recommended lane configurations Traffic analysis o Suggested geometric design modifications Geometric analysis results Conclusion The recommended geometric design modifications will be provided in written format with examples of the modifications, if applicable. Examples are anticipated to be real implemented examples or plan markup examples. The conceptual designs are not included in this task but are included in task 4. It is assumed one round of comments will be provided on the draft document, GHD will address the comments and provide a final version of the report for the City's files and use. Deliverables: Draft and Final electronic copies of the Roundabout Evaluation Report Assumptions: Traffic study will rely upon City's existing traffic counts and traffic data of the intersection. GHD can provide traffic count services under an additional scope and fee. Task 3 — Utility Coordination GHD will provide utility coordination for the Avenue 52 at Jefferson Roundabout Project. This will consist of the initial contact with the utility companies, notifying them of a potential project, and requesting their facility maps for the project area. The utilities known to operate in the vicinity of the project will be contacted and engaged throughout design. Utility notices will be submitted via electronic copy to the City Project Manager for transmittal to recipients on City letterhead. Utility Requests Prepare initial request of utility information for as -built plans, Prepare utility claim of rights for right of way occupation Utility coordination Prepare conflict mapping New service (landscape controller to separate city portion) Relocations identified Coordination with CVWD Deliverables: Utility notices, utility matrix Assumptions: Relocations and designs will be done by each utility purveyor, City will provide letterhead and submit utility notices to the utility purveyors GHD I City of La Quinta I Avenue 52 at Jefferson Roundabout Improvements Project Task 4 — Topographic Survey/Field Review Topographic Survey KDM Meridian will provide comprehensive surveying services to support the design of the Avenue 52 Roundabout Improvement Project. The work will focus on delivering accurate and detailed mapping and control to meet all design and regulatory requirements. 1. Establish Survey Control a. Locate sufficient record monuments to define the project's centerline and right-of-way. b. Establish reference stations and control points tied to published horizontal and vertical datums. c. Set aerial targets for UAV flights, ensuring precise georeferencing for mapping products. 2. UAV and Aerial Mapping a. Conduct UAV flights to collect high -resolution aerial imagery. b. Process imagery to produce a seamless orthophoto and 3D surface model of the 16-acre survey area. c. Generate topographic maps at 1"=20' scale with 1-foot contour intervals, suitable for design. 3. Ground Augmentation Surveys a. Conduct targeted ground surveys to collect supplemental data where aerial methods may lack coverage (e.g., obscured or heavily vegetated areas). b. Map additional features or refine detail during later design phases. 4. Utility Mapping a. Locate and map visible surface indications of utilities within the survey limits. b. Provide (as an optional service) additional subsurface utility information to be collected during ground augmentation surveys based on design needs. Field Review Upon completion of the survey and base mapping, GHD will schedule a field walk with the design team and City representatives to review site conditions and discuss any potential conflicts and design concepts. At a minimum, a base map shall be readily available with all survey data shown. Deliverables: Basemap Task 5 — Conceptual Design Plan Based upon the discussions with the City during the project kickoff meeting, field review, and Roundabout Evaluation Report — which includes the traffic analysis - GHD will prepare up to three conceptual design plans. The conceptual design will be generally focused on the horizontal elements of the design. It is assumed one round of comments will be provided on the draft exhibits, GHD will address the comments and provide a final version of the exhibits. Conceptual landscaping will be provided based on input from the City for the proposed improvements. These concepts, up to three, will show planting design, the proposed pathway and any decorative paving, inert material and decorative ground cover patterns, and potential areas of enhancement (if the City wishes to pursue this, i.e. lighting or artwork). The draft landscape concepts will be submitted for review after the initial review of the draft conceptual design. GHD will address one round of comments and prepare final exhibits. The landscape concept is not intended to establish the final design but capture landscape opportunities and document the impact on cost, schedule and scope. GHD will also submit planning level estimates for each of the three conceptual designs and each of the landscape concepts. These will be submitted with the final drafts of the exhibits. Upon the City's selection of the preferred design, GHD will finalize the landscape concepts and preliminary layouts. Pertinent roundabout design checks will be performed, including a fastest path analysis, truck turn analysis, and stopping sight distance calculations. GHD will create an exhibit for the impacted HOA based on the preferred design as well as assist the City with the preparation of up to two power point presentations for meetings with the HOA. GHD I City of La Quinta I Avenue 52 at Jefferson Roundabout Improvements Project As an optional service, GHD can generate a 3D visualization of the preferred roundabout concept. If desired, GHD can provide an additional scope and fee for this service. Deliverables: Concept Design Plans — Horizontal Alignment; Conceptual Landscape Plans; Preliminary Cost Estimates, HOA focused Exhibit, HOA focused power point presentation(s). Task 6 — Drainage Study GHD will prepare a drainage report that will analyze the impact of the proposed project on the existing drainage system. The goal will be to minimize changes to the existing drainage system so that there will be no significant impact when the project is constructed. Deliverables: Drainage Report Task 7 — Final Engineering Design Plans As the extent of the geometric design and the preferred design is unknown at this time, GHD has provided the following scope based on our robust experience in delivering roundabout projects. However, it is anticipated that after the preferred alternative is selected, the scope and fee associated with all final design and Bid/Construction Phase work be revised to reflect the actual engineering and supporting work needed to complete this project. GHD will provide complete engineering design services including preparation of final plans 35%, 65%, 90, Final Bid Set Plans. The plans will include the following plan sheets. Should additional sheets be required additional scope and fee may be needed. Sheet Description Number of Included in 35% Included in 65% Included in 90% sheets and Final Title sheet General Notes Survey Project Control Key Map and Line Index Typical sections Demolition Layout Roundabout Profiles Construction Details Drainage plans, profiles and details Utility Plans Erosion Control Plans and details Pavement Delineation Plans 1 1 1 1 5 6 8 4 16 16 8 9 5 X X X X X X X X X X X X X X X X X X X X X X X X X X X X X' GHD I City of La Quinta I Avenue 52 at Jefferson Roundabout Improvements Project Signing Plans and Details 6 X' X X Landscape and Irrigation 32 X X X Total Sheets 119 32 102 119 While the RFP stated that the pavement delineation and signing plans are not required at the 35% stage, we strongly encourage the City to include those plans at the early submittal. Unlike traditional intersections, for roundabouts striping and signing plays a crucial role in influencing driver behavior and improving operations and safety and should be considered from the start of a roundabout project. Deliverables: PDF submittals of Improvement plans as indicated in table above. Assumptions: Traffic Control Plans will not be part of GHD's Design and will be a requirement of the contractor during construction. Geotechnical investigations are not included in this scope of work as it is assumed that no major removal or additional of Task 8 — Specifications and Cost Estimates Prepare General and Technical Special Provisions per City of La Quinta requirements for bidding by the City in accordance with City requirements. City will provide current boilerplate specifications and Special Provisions will be prepared using Greenbook format (supplemented by Caltrans for Traffic Signal Modifications). Deliverables: Specifications (65%, 90% and Final); List of Bid Items, Quantity Calculations and Construction Cost Estimates (35%, 65%, 90%, and Final). Assumptions: The planning level cost estimate prepared as part of the conceptual design will be updated for the 35% submittal and a bid item list will not be included in the 35% submittal. Task 9 — Bid/Construction Support As the extent of the geometric design and the preferred design is unknown at this time, GHD has provided the following scope based on our robust experience in delivering roundabout projects. However, it is anticipated that after the preferred alternative is selected, the scope and fee associated with all final design and Bid/Construction Phase work be revised to reflect the actual engineering and supporting work needed to complete this project. Bid Support GHD will provide Bid Support for the proposed project. This includes review of RFIs, attendance of a pre -bid meeting and issuance of addendums as required. RFIs will be responded to with 48 hours of receipt by GHD from the City. Deliverables: Response to RFI, RFI Log, Addendums/Adjustments to the Plans as needed Assumptions: GHD has budgeted up to 40 hours for Bid Support, if additional time becomes necessary this will constitute additional work and be negotiated with the City. Construction Support GHD will provide construction support for the proposed project. This includes the review of RFIs, attendance to a pre- construction/kickoff meeting and issuance of addendums/plan modifications as needed. GHD will also review contractor material submittals for compliance with the project specifications. Upon completion of the project, GHD will provide as - built documentation to the City. Deliverables: Responses to RFIs, Responses to Contractor Submittals, Addendums/Plan Modifications, As -Built Documentation (Plans). Assumptions: GHD has budgeted up to 160 hours for Construction Support with the following assumptions: Submittals will be reviewed and returned within 72 hours of receipt by GHD from the City. Any submittal that does not meet contract specifications requiring additional reviews will be considered additional work. GHD will make sure this provision is clear in the contract documents and paid for by the Contractor. Attendance to the pre -construction meeting will be in person, no additional meetings are included. If additional time becomes necessary beyond the hours provided, this will constitute additional work and be negotiated with the City. GHD I City of La Quinta I Avenue 52 at Jefferson Roundabout Improvements Project 7.=Project Schedule Avenue 52 at Jefferson Rounabout Improvements T ask Name Avenue 52 at Jefferson Roundabout Improvements Project Request for Qualifications SOCkDue Council Design Contract Award Council Consideration and Approval Notice to Proceed Project Kick Off Meeting Project Management Data Collection and Analysis Topographic Survey and Base Mapping Base Mapping Field Survey Augmentation Review Record Drawings and Data Utility Mapping Coordination Evaluation of Existing Roundabout Data Collection and Evaulation Draft& Final Roundabout Evaluation Report Concept Design Plans Prepare Concept Design Plans Stakeholder Meeting 1 Utility Coordination Utility Relocation Coordination Prepare Utility Conflict Mapping and Claim Letter Utility Meeting 1 Utility Meeting 2 Finalize Public Utility Relocation Plans (by others) Prepare Concept Design (3S%) Prepare Concept Design Plans (35%) Prepare Concept Design Costs Prepare Preliminary Design (6S%) Prepare Preliminary Design Plans (65%) Prepare Preliminary Design Costs Drainage Study and WCIMP Final Design Services (PSE) Prepare 90% Draft Construction Documents Prepare 90% Draft Plans Prepare 90% Draft Specifications Prepare 90% Draft Cost Estimate Stakeholder Meeting 2 City Issues Utility NTO Prepare Bid Ready Draft "Final' Construction Docuo Prepare Bid Ready Plans Prepare Bid Ready Specifications Prepare Bid Ready Cost Estimate Bid/Construction Support H y1 1 2025 HaR 2 2QQ22 S Mall 1. 2026 "la' 2 i026 1 F I M i A I M I 1 J A I 5 1 0 1 Nay ._p l F M A 1 M I J I l I A 1 S 0 Request for Qualifications + SOO Due g� Council Design Contract Award ® Council Consideration and Approval } Notice to Proceed 3/24 4, Data Collection and Analysis - Topographic Survey and Base Mapping 3/31 S/2 6/16 6/27 1/31 S/9 4/7 6/6 Evaluation of Existing Roundabout 4/7 aiiiiiiiiiiii� S/2 5/5 71125 - Concept Design Plans 7/28 10/3 0 10113 Utility coordination 1112 9/18 1/12 1/30 ® 2/27 m 4/3 4/6 8/21 Prepare Concept Design (35%) - 10/20 12/19 11/10 12/19 Prepare Preliminary Design (65%) - 1/12 � 4/17 3/9 ! 4/17 1127 4/17 Final Design Services (PSE) Prepare 90% Draft Construction Documents - 5/18 -, 7/31 6f29 F 7/31 8/29 e_ 7/31 6 8/10 4) 7/31 Prepare Bid Ready Draft "Final" Construction Documents - 8/17 9/18 8/31 9/18 8/31 9/18 9/18 g 164 GHD I City of La Quinta I Avenue 52 at Jefferson Roundabout Improvements Project 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 Ninety -Nine Thousand Five Hundred Sixty -One Dollars ($299,561) ("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. Exhibit B Page 1 of 1 165 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 to the Scope of Services, and incorporated herein by this reference. Exhibit C Page 1 of 1 166 None Exhibit D Special Requirements Exhibit D Page 1 of 1 167 Exhibit E Insurance Requirements E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A -VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Must include the following endorsements: General Liability Additional Insured General Liability Primary and Non-contributory Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Auto Liability Additional Insured Personal Auto Declaration Page if applicable Errors and Omissions Liability $1,000,000 (per claim and aggregate) Workers' Compensation (per statutory requirements) Must include the following endorsements: Workers Compensation with Waiver of Subrogation Workers Compensation Declaration of Sole Proprietor if applicable Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party's acts or omissions rising out of or related to Contracting Party's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder. Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Exhibit E Page 1 of 6 168 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. Exhibit E Page 2 of 6 169 Contracting Party shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self -insured retention is increased. In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. E.2 Remedies. In addition to any other remedies City may have if Contracting Party fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contracting Party to stop work under this Agreement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party's or its subcontractors' performance of work under this Agreement. E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party: 1. Contracting Party agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party's employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. Exhibit E Page 3 of 6 170 3. All insurance coverage and limits provided by Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contracting Party shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all the coverages required and an additional insured endorsement to Contracting Party's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City. 9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Contracting Party agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement Exhibit E Page 4 of 6 171 to self -insure its obligations to City. If Contracting Party's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 11. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contracting Party ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contracting Party, the City will negotiate additional compensation proportional to the increased benefit to City. 12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 13. Contracting Party acknowledges and agrees that any actual or alleged failure on the part of City to inform Contracting Party of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 14. Contracting Party will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party's insurance agent to this effect is acceptable. A certificate of insurance and an additional insured endorsement is required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 16. The provisions of any workers' compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents. 17. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive. Exhibit E Page 5 of 6 172 18. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 19. The requirements in this Exhibit supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 20. Contracting Party agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contracting Party for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 21. Contracting Party agrees to provide immediate notice to City of any claim or loss against Contracting Party arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Exhibit E Page 6 of 6 173 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, reasonable 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. If Contracting Party's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance of "design professional" services, Section F.1(d) in this Exhibit F applies. 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, reasonable 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 Exhibit F Page 1 of 2 174 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 reasonable 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 negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party. 3. Design Professional Defined. As used in this Section F.1(d), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Exhibit F, as applicable to the Contracting Party, from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contracting Party in the performance of this Agreement. In the event Contracting Party fails to obtain such indemnity obligations from others as required herein, Contracting Party agrees to be fully responsible according to the terms of this Exhibit. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth in this Agreement are binding on the successors, assigns or heirs of Contracting Party and shall survive the termination of this Agreement. Exhibit F Page 2 of 2 175 176 CONSENT CALENDAR ITEM NO. 7 City of La Quinta CITY COUNCIL MEETING' April 1, 2025 STAFF REPORT AGENDA TITLE: AWARD CONTRACT TO CT&T CONCRETE PAVING, INC. FOR THE CITYWIDE MISCELLANEOUS AMERICANS WITH DISABILITIES ACT IMPROVEMENTS PROJECT NO. 2024-05, CDBG PROJECT NO. 4.LQ.50-24 RECOMMENDATION Award a contract to CT&T Concrete Paving, Inc. for the Citywide Miscellaneous Americans with Disabilities Act Improvements Project No. 2024-05, Community Development Block Grant Project No. 4.LQ.50-24, located at various locations within the City's Village project; and authorize the City Manager to execute the contract and approve future change orders within the project budget. EXECUTIVE SUMMARY • This project is located in the Village (Attachment 1) and includes miscellaneous Americans with Disabilities Act (ADA) improvements and the reconstruction of the sidewalk at the city -owned parking lot at the Navarro Plaza and an additive alternate to construct a raised crosswalk on Avenida La Fonda and Desert Club Drive. • Construction is funded with Community Development Block Grant (CDBG) funds, which must be expended by the end of the fiscal year 2024/25. The County has requested that the project be as complete as possible by the end of June 2025. • CT&T Concrete Paving, Inc. of Diamond Bar, California, submitted the lowest responsible and responsive bid at $133,641 for the base bid plus additive alternate (Attachment 2). Staff recommends awarding both the base bid and the additive alternate. FISCAL IMPACT The projected budget is $228,933, of which $75,000 will be allocated from the Citywide Sidewalk Improvements Project and ADA Access Ramp Various Locations (Project No. 2425STI and 2425ADA) and $153,933 from CDBG funds for construction costs as follows.. 177 CDBG Citywide Sidewalk Improvements Project Total Budget Professional/Design: $ 0 $ 50,000 $ 50,000 Inspection/Testing/Survey: $ 0 $ 15,292 $ 15,292 Construction: $ 133,641 $ 0 $ 133,641 Contingency: $ 20,292 $ 9,708 $ 30,000 Total Budget: $ 153,933 $ 75,000 $ 228,933 BACKGROUND/ANALYSIS In 2011, the City conducted an ADA accessibility survey of all public facilities. Since then, the City has made significant progress in addressing ADA deficiencies at various locations citywide, including the exterior and interior of City Hall, La Quinta Park, the Civic Center Campus, the La Quinta Library, SilverRock parking lot, Museum, YMCA, Sports Complex, Velasco Park, Eisenhower Park, Adams Park, Desert Pride Park, Saguaro Park, Fritz Burns Park, Seasons Park, a portion of Avenida Bermudas, and Season's Neighborhood. This year, as part of the Citywide Miscellaneous ADA Improvements, work will take place in the Village area at the following locations: • Avenida Navarro Plaza, located at the southeast corner of Avenida Bermudas and Calle Tampico — improvements include reconstructing the sidewalk adjacent to the parking lot to bring it to the top of curb elevation. • Additive alternate to construct a raised crosswalk on the east side of Desert Club Drive at Avenida La Fonda to bring the curb ramps into ADA compliance. The City opened seven (7) bids on March 26, 2025. Contingent upon approval to award the project on April 1, 2025, the following is the project schedule: Council Considers Project Award Execute Contract and Mobilize Construction (20 Working Days) Accept Improvements ALTERNATIVES April 1, 2025 April 2, 2025, to May 5, 2025 May 2025 - June 2025 July 2025 Staff does not recommend an alternative due to the funding timing constraints. Prepared by: Ubaldo Ayon, Assistant Construction Manager Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachments: 1. Vicinity Map 2. Bid Summary 178 Attachment 1 -Vicinity Map Citywide Miscellaneous ADA Improvements Incian Wells , ...... .. .. Ci ty of _ . { .......................... ............................... .......................................... . .......................................... alm Desert ..::::::::::::::::::::...................... City of City of Indian Wells �...„.. Indio .................................. .................................. .. La City o ta .f ......... .......... La Quinta; ......... ......... Indic *IMPORTANT* Maps and data are to be used for reference purposes only. Map features are approximate, and are not RC IT necessarily accurate to surveying or engineering standards. The County of Riverside makes no warranty or guarantee as to the content (the source is often third party), accuracy, timeliness, or completeness of any of the data provided, and assumes no legal responsibility for the information contained on this map. Any use of this product with respect to accuracy and precision shall be the sole responsibility of the user. 0 6 12,037 Feet REPORT PRINTED ON... 1/31/2023 11:35:48 AM © Riverside County GIS ATTACHMENT 1 Legend Blueline Streams City Areas World Street Map Notes 179 Bid Opening Date: 03/26/2025 Citywide Miscellaneous ADA Improvements ATTACHMENT 2 City Project No. 2024-05 CDBG Project No. 4.LQ.50-24 Bid Comparison ENGINEERS ESTIMATE BASE BID Item Item Description Unit Quantity Unit Price Total Cost 1 MOBILIZATION LS 1 $ 6,000.00 $ 6,000.00 2 SITE CONTROL LS 1 $ 5,000.00 $ 5,000.00 3 DUST CONTROL LS 1 $ 4,000.00 $ 4,000.00 4 EARTHWORK LS 1 $ 10,000.00 $ 10,000.00 5 SAWCUT, REMOVE, AND DISPOSE OF EXISTING CURB LF 20 $ 200.00 $ 4,000.00 6 SAWCUT, REMOVE, AND DISPOSE OF EXISTING SIDEWALK AND SA SF 855 $ 8.00 $ 6,840.00 7 CONSTRUCT SIDEWALK PER CITY OF LA QUINTA STD. NO. 240 MOD. SF 845 $ 11.00 $ 9,295.00 8 CONSTRUCT CONCRETE CURB RAMP PER CITY OF LA QUINTA STD. No. 250 MOD. PER PLAN, CASE B (INCLUDING CURB ALONG RAMP) EA 1 $ 6,000.00 $ 6,000.00 9 FULL DEPTH GRIND ASPHALT CONCRETE PAVEMENT (3" ), COMPACT EXISTING BASE AND VARIABLE OVERALY 3" - 4" SF 35 $ 120.00 $ 4,200.00 10 GRADE PARKWAY, REMOVE, MODIFY, AND REPLACE LANDSCAPE, HARDSCAPE, AND IRRIGATION IN KIND TO FURTHEST EXTENT POSSIBLE LS 1 $ 2,500.00 $ 2,500.00 11 ISIGNING AND STRIPING INCLUDING ALL INCIDENTALS LS 1 IT 7 000.00 I $ 7,000.00 Sub -Total Base Bid: 1 $ 64,835.00 AnnITIVF Al TFRNATF Nn 1 AVFwmA I A FnNnA RPFFn TARI FS Item Item Description Unit Quantity Unit Price Total Cost 1 MOBILIZATION LS 1 $ 11,000.00 $ 11,000.00 2 SITE CONTROL LS 1 $ 8,000.00 $ 8,000.00 3 DUST CONTROL LS 1 $ 4,000.00 $ 4,000.00 4 SAWCUT, REMOVE, AND DISPOSE OF EXISTING CURB; AND/OR LF 90 $ 200.00 $ 18,000.00 CURB & GUTTER 5 SAWCUT, REMOVE, AND DISPOSE OF EXISTING RAMP AND PAVERS SF 785 $ 8.00 $ 6,280.00 6 CONSTRUCT SIDEWALK PER CITY OF LA QUINTA STD. NO. 240 MOD. SF 450 $ 11.00 $ 4,950.00 7 REMOVE AND DISPOSE OF EXISTING ROADWAY SECTION TO DEPTH SF 750 $ 15.00 $ 11,250.00 REQUIRED 8 CONSTRUCT 5.5" ASPHALT CONCRETE OVER 6.5" AGGREGATE BASE SF 460 $ 27.00 $ 12,420.00 CONSTRUCT TWO (2) CONCRETE SPEED TABLES (INCLUDING ALL 9 CONCRETE WORK, AGGREGATE BASE, GRADING, REBAR, AND LS 1 $ 18,000.00 $ 18,000.00 CONDUIT 10 FURNISH AND INSTALL TRUNCATED DOME CONCRETE TILE PER SF 75 $ 100.00 $ 7,500.00 CITY OF LA QUINTA STD. 250 MOD. 11 REMOVE, REGRADE, AND RESET SIDEWALK PAVERS PER CITY OF SF 275 $ 20.00 $ 5,500.00 LA QUINTA STD. 206 12 SALVAGE TO CITY EXISTING PULL BOX AND FURNISH AND INSTALL EA 1 $ 1,100.00 $ 1,100.00 NEW NO. 6 PULL BOX PER CALTRANS STD. PLAN ES-8A GRADE PARKWAY, REMOVE, MODIFY, AND REPLACE LANDSCAPE, 13 HARDSCAPE, AND IRRIGATION IN KIND TO FURTHEST EXTENT LS 1 $ 2,500.00 $ 2,500.00 POSSIBLE 14 SIGNING AND STRIPING, INCLUDING ALL INCIDENTALS LS 1 $ 4,000.00 $ 4,000.00 Sub -Total Additive Alternative No.1 Bid: $ 114 500.00 Grand Total Base Bid Including Alternate No. 1 : $ 179,335.00 Additive Alternates 1 : $ 114,500.00 Base Bid Only : $ 64,835.00 Miscalculations and rounding errors CT&T CONCRETE PAVING, INC. Unit Price Total Cost $ 12,300.00 $ 12,300.00 $ 3,205.00 $ 3,205.00 $ 4,052.00 $ 4,052.00 $ 5,643.00 $ 5,643.00 $ 12.40 $ 248.00 $ 6.49 $ 5,548.95 $ 3.71 $ 3,134.95 $ 6,776.00 $ 6,776.00 $ 117.00 $ 4,095.00 $ 2,308.00 $ 2,308.00 $ 4,400.00 1 $ 4.400.00 1 $ 51,710.90 1 Unit Price Total Cost $ 12,206.00 $ 12,206.00 $ 9,555.00 $ 9,555.00 $ 4,800.00 $ 4,800.00 $ 30.03 $ 2,702.70 $ 8.91 $ 6,994.35 $ 11.83 $ 5,323.50 $ 9.86 $ 7,395.00 $ 22.48 $ 10,340.80 $ 7,753.00 $ 7,753.00 $ 34.40 $ 2,580.00 $ 8.94 $ 2,458.50 $ 301.00 $ 301.00 $ 4,350.00 $ 4,350.00 $ 5,170.00 $ 5,170.00 SAVI CONSTRUCTION, INC Unit Price Total Cost $ 3,000.00 $ 3,000.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 $ 6,000.00 $ 6,000.00 $ 30.00 $ 600.00 $ 8.00 $ 6,840.00 $ 18.00 $ 15,210.00 $ 4,500.00 $ 4,500.00 $ 50.00 $ 1,750.00 $ 3,500.00 $ 3,500.00 $ 2,500.00 $ 2,500.00 1 $ 48,900.00 1 Unit Price Total Cost $ 6,000.00 $ 6,000.00 $ 8,500.00 $ 8,500.00 $ 4,000.00 $ 4,000.00 $ 30.00 $ 2,700.00 $ 6.50 $ 5,102.50 $ 22.00 $ 9,900.00 $ 6.50 $ 4,875.00 $ 35.00 $ 16,100.00 $ 12,000.00 $ 12,000.00 $ 47.50 $ 3,562.50 $ 20.00 $ 5,500.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 8,500.00 $ 8,500.00 UNIVERSAL CONSTRUCTION & ENGINEERING Unit Price Total Cost $ 8,000.00 $ 8,000.00 $ 3,000.00 $ 3,000.00 $ 2,245.00 $ 2,245.00 $ 12,860.00 $ 12,860.00 $ 20.00 $ 400.00 $ 7.00 $ 5,985.00 $ 12.00 $ 10,140.00 $ 4,300.00 $ 4,300.00 $ 18.00 $ 630.00 $ 5,900.00 $ 5,900.00 $ 5,300.00 $ 5,300.00 1 $ 53,750.00 1 Unit Price Total Cost $ 10,000.00 $ 10,000.00 $ 12,300.00 $ 12,300.00 $ 3,000.00 $ 3,000.00 $ 20.00 $ 1,800.00 $ 7.00 $ 5,495.00 $ 9.50 $ 4,275.00 $ 7.50 $ 5,625.00 $ 11.00 $ 5,060.00 $ 27,628.00 $ 27,628.00 $ 55.00 $ 4,125.00 $ 13.00 $ 3,575.00 $ 2,770.00 $ 2,770.00 $ 3,800.00 $ 3,800.00 $ 6,500.00 $ 6,500.00 DESERT CONCEPTS CONSTRUCTION Unit Price Total Cost $ 3,500.00 $ 3,500.00 $ 5,000.00 $ 5,000.00 $ 3,000.00 $ 3,000.00 $ 3,500.00 $ 3,500.00 $ 65.00 $ 1,300.00 $ 9.60 $ 8,208.00 $ 20.00 $ 16,900.00 $ 10,500.00 $ 10,500.00 $ 65.00 $ 2,275.00 $ 8,400.00 $ 8,400.00 $ 5,300.00 $ 5,300.00 1 $ 67,883.00 I Unit Price Total Cost $ 4,500.00 $ 4,500.00 $ 10,000.00 $ 10,000.00 $ 3,000.00 $ 3,000.00 $ 41.00 $ 3,690.00 $ 8.50 $ 6,672.50 $ 18.00 $ 8,100.00 $ 8.00 $ 6,000.00 $ 35.00 $ 16,100.00 $ 30,000.00 $ 30,000.00 $ 55.00 $ 4,125.00 $ 35.00 $ 9,625.00 $ 500.00 $ 500.00 $ 2,500.00 $ 2,500.00 $ 7,200.00 $ 7,200.00 GRANITE CONSTRUCTION COMPANY Unit Price Total Cost $ 15,000.00 $ 15,000.00 $ 5,000.00 $ 5,000.00 $ 9,500.00 $ 9,500.00 $ 45,000.00 $ 45,000.00 $ 45.00 $ 900.00 $ 18.00 $ 15,390.00 $ 20.00 $ 16,900.00 $ 2,000.00 $ 2,000.00 $ 400.00 $ 14,000.00 $ 30,425.00 $ 30,425.00 $ 3,000.00 $ 3,000.00 1 $ 157,115.00 1 Unit Price Total Cost $ 500.00 $ 500.00 $ 12,000.00 $ 12,000.00 $ 500.00 $ 500.00 $ 28.00 $ 2,520.00 $ 7.00 $ 5,495.00 $ 27.00 $ 12,150.00 $ 11.00 $ 8,250.00 $ 37.00 $ 17,020.00 $ 13,000.00 $ 13,000.00 $ 50.00 $ 3,750.00 $ 92.00 $ 25,300.00 $ 2,200.00 $ 2,200.00 $ 7,700.00 $ 7,700.00 $ 4,500.00 $ 4,500.00 LC PAVING & SEALING, INC. Unit Price Total Cost $ 43,000.00 $ 43,000.00 $ 20,000.00 $ 20,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 110.00 $ 2,200.00 $ 5.75 $ 4,916.25 $ 17.00 $ 14,365.00 $ 9,950.00 $ 9,950.00 $ 171.00 $ 5,985.00 $ 10,400.00 $ 10,400.00 $ 5,600.00 $ 5,600.00 1 $ 146,416.25 1 Unit Price Total Cost $ 43,000.00 $ 43,000.00 $ 27,500.00 $ 27,500.00 $ 15,000.00 $ 15,000.00 $ 49.00 $ 4,410.00 $ 6.00 $ 4,710.00 $ 19.50 $ 8,775.00 $ 12.50 $ 9,375.00 $ 32.00 $ 14,720.00 $ 36,500.00 $ 36,500.00 $ 112.00 $ 8,400.00 $ 30.00 $ 8,250.00 $ 1,750.00 $ 1,750.00 $ 11,500.00 $ 11,500.00 $ 8,000.00 $ 8,000.00 CARTER ENTERPRISES GROUP, INC. Unit Price Total Cost $ 21,000.00 $ 21,000.00 $ 77,000.00 $ 77,000.00 $ 11,000.00 $ 11,000.00 $ 123,000.00 $ 123,000.00 $ 55.00 $ 1,100.00 $ 8.00 $ 6,840.00 $ 16.00 $ 13,520.00 $ 13,000.00 $ 13,000.00 $ 240.00 $ 8,400.00 $ 33,000.00 $ 33,000.00 $ 13,140.00 $ 13,140.00 1 $ 321,000.00 1 Unit Price Total Cost $ 22,000.00 $ 22,000.00 $ 77,000.00 $ 77,000.00 $ 11,000.00 $ 11,000.00 $ 55.00 $ 4,950.00 $ 8.00 $ 6,280.00 $ 16.00 $ 7,200.00 $ 12.00 $ 9,000.00 $ 28.00 $ 12,880.00 $ 333,000.00 $ 333,000.00 $ 111.00 $ 8,325.00 $ 88.00 $ 24,200.00 $ 5,165.00 $ 5,165.00 $ 33,000.00 $ 33,000.00 $ 13,000.00 $ 13,000.00 1 b 61,8zyaso I I b 5a,i4u.uu 1 1 1' 9a,aaa.uu I 1 41 11z,u12.0u I I b 114,uua.uu 1 I b zu1,68u.uu I I b aoi,uuu.uu 1 $ 133,640.75 $ 138,640.00 $ 154,713.00 $ 179,895.50 $ 272,000.00 $ 348,306.25 $ 888,000.00 $ 81,929.85 $ 89,740.00 $ 95,953.00 $ 112,012.50 $ 114,885.00 $ 201,890.00 $ 567,000.00 $ 51,710.90 $ 48,900.00 $ 58,760.00 $ 67,883.00 $ 157,115.00 $ 146,416.25 $ 321,000.00 im CONSENT CALENDAR ITEM NO. 8 City of La Quinta CITY COUNCIL MEETIN( April 1, 2025 STAFF REPORT AGENDA AWARD CONTRACT TO THE LOWEST RESPONSIVE / RESPONSIBLE BIDDER FOR THE HIGHWAY 111 REHABILITATION PROJECT NO. 2022-25 RECOMMENDATION Award contract to the lowest responsive/responsible bidder for construction of the Highway 111 Rehabilitation Project No. 2022-25 located on Highway 111 from the City limits west of Washington Street to the city limits at Jefferson Street; and authorize the City Manager to execute the contract, upon approval by Caltrans, and approve future change orders within the project budget. EXECUTIVE SUMMARY • The Highway 111 Rehabilitation Project (Project) is located on Highway 111 within the city limits from west of Washington Street to Jefferson Street. (Attachment 1). • Construction will also include minor improvements at curb ramps to begin the process of bringing them into compliance with the Americans with Disabilities Act (ADA). • Staff is performing due diligence for the bids which cannot be completed until the bidders submit their DBE Commitment Good Faith Efforts by April 2, 2025. Once Staff has completed the review, it will be submitted to Caltrans for concurrence. The two apparent lowest responsive/responsible bidders are: Vance Corporation of Beaumont, California, at $6,363,187.19; and Granite Construction Company of Indio, California, at $7,032,777.00. FISCAL IMPACT The budget for the Project was allocated in fiscal years 2023/24 and 2024/25 Capital Improvement Program (CIP) under Project No. 2019-05 Highway 111 Corridor Area Plan Implementation, totaling $8,280,777. This includes $4,000,000 in Federal Earmark Funding, $984,000 in SB1 funding, and $3,296,777 in Measure G Funding. The following is the breakdown of the Project budget: 181 Total Budget Federal Funding Reimbursable Local Share Design: $ 100,000 $ 0 $ 100,000 Professional $ 50,000 $ 0 $ 50,000 Construction Management $ 372,000 $ 0 $ 372,000 Inspection/Testing/Survey: $ 226,000 $ 0 $ 226,000 Construction: $ 7,032,777 $ 4,000,000 $ 3,032,777 Contingency: $ 500,000 $ 0 $ 500,000 Total Budget: $ 8,280,777 $ 4,000,000 $ 4,280,777 BACKGROUND/ANALYSIS The two-mile stretch of Highway 111 in La Quinta is in need of major rehabilitation, as the majority of the Project area has inadequate base material for a pavement overlay. The rehabilitation requires the existing pavement, approximately 1,500 feet west of Washington Street to Jefferson Street within city limits, to be pulverized and regraded prior to the application of new pavement. Leaving the roadway in its current worn and cracked condition would increase costs for repair in the future. Work will also include minor improvements at curb ramps to begin the process of bringing them into Americans with Disabilities Act (ADA) compliance. The average daily traffic on Highway 111 is estimated at about 38,000 vehicles. Additionally, the Highway 111/Washington Street intersection is the most traveled in the entire Coachella Valley. Work will be phased to take into consideration the volume of traffic this road receives. The commercial/retail corridor of Highway 111 that runs through La Quinta provides about 75% of the City's annual sales tax revenue. Public outreach is being conducted by the Construction Management group Southstar who have already begun with the framework to keep everyone informed. This much -needed rehabilitation project has secured Federal Earmark Funding and is subject to oversight and reporting through the Federal Highway Administration, which Caltrans will process. This ensures that the project meets federal standards and requirements throughout its implementation. On March 6, 2025, staff solicited construction bids from qualified contractors. The City received six (6) bids on March 27, 2025. Caltrans will need to provide final review and bid acceptance prior to City executing the Contract. Contingent upon approval to award the Project, the following is the proposed Project schedule: Council Considers Project Award April 1, 2025 Execute Contract and Mobilize April 2 to May 5, 2025 Con100struction (90 Working Days) May to September 2025 Accept Improvements October 2025 182 ALTERNATIVES Staff does not recommend an alternative. Prepared by: Ubaldo Ayon, Jr., Assistant Construction Manager Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachments: 1. Vicinity Map 2. Bid Comparison 183 ATTACHMENT 1 Vicinity Map Highway 111 Rehabilitation Project (2022-25) of Coac ell a . : Avail • City of a'Qui n to 0 IMPORTANT' Maps and data are to be used for reference purposes only. Map features are approximate, and are not RC IT necessarily accurate to surveying or engineering standards. The County of Riverside makes no warranty or guarantee as to the content (the source is often third party), accuracy, timeliness, or completeness of any of the data provided, and assumes no legal responsibility for the information contained on this map. Any use of this product with respect to accuracy and precision shall be the sole responsibility of the user. 0 6, 12,037 Feet REPORT PRINTED ON...2/7/2019 11:38:16 AM © Riverside County GIs Los Angeles an Diego Mex�c Ji Tijuana Legend Blueline Streams City Areas World Street Map Notes From West of Washington Street to Jefferson Street 184 Bid Opening Date: 03/27/2025 Highway 111 Resurfacing Project ATTACHMENT 2 City Project No. 2022-25 Federal Project No. HIPL-5433(021) Bid Comparison ENGINEERS ESTIMATE - BASE BID Item Item Description Unit Quantity Unit Price Total Cost 1 MOBILIZATION LS 1 $ 635,000.00 $ 635,000.00 2 TRAFFIC CONTROL LS 1 $ 150,000.00 $ 150,000.00 3 DUST CONTROL LS 1 $ 50,000.00 $ 50,000.00 4 EARTHWORK LS 1 $ 926,655.00 $ 926,655.00 SAWCUT, REMOVE, AND DISPOSE OF 5 EXISTING CONCRETE CURB; AND CURB & LF 920 $ 30.00 $ 27,600.00 GUTTER SAWCUT, REMOVE, AND DISPOSE OF 6 EXISTING CONCRETE PAVEMENT, SF 18,900 $ 8.00 $ 151,200.00 SIDEWALK, CROSS -GUTTER, RAMP, AND BUS TURNOUT CONSTRUCT CURB AND GUTTER PER CITY 7 OF LA QUINTA STD. NO. 202, 3" DOWEL LF 30 $ 35.00 $ 1,050.00 INTO ADJACENT EXISTING CONCRETE CURB AND GUTTER CONSTRUCT CROSS -GUTTER PER CITY OF 8 LA QUINTA STD. NO. 230 MOD. AND 231 SF 4,935 $ 18.00 $ 88,830.00 MOD. 9 CONSTRUCT SIDEWALK PER CITY OF LA SF 980 $ 11.00 $ 10,780.00 QUINTA STD. NO. 240 MOD. CONSTRUCT CONCRETE CURB RAMP PER 10 CITY OF LA QUINTA STD. NO. 250 MOD., EA 16 $ 6,000.00 $ 96,000.00 CASE A OR F (INCLUDING CURB OR CURB AND GUTTER ALONG RAMP) CONSTRUCT CONCRETE CURB RAMP PER 11 CITY OF LA QUINTA STD. NO. 250 MOD., EA 4 $ 8,000.00 $ 32,000.00 CASE C (INCLUDING CURB OR CURB AND GUTTER ALONG RAMP) SAWCUT, REMOVE, AND DISPOSE OF EXISTING CONCRETE RAMP; FUNISH AND 12 INSTALL TRUNCATED DOME CONCRETE SF 50 $ 150.00 $ 7,500.00 TILE PER CITY OF LA QUINTA STD. 250 MOD. 13 CONSTRUCT CONCRETE PASSAGEWAY EA 1 $ 6,000.00 $ 6,000.00 PER CALTRANS STD. A88B MOD.; TYPE B 14 CONSTRUCT PCC BUS PAD PER CITY OF LA SF 3,695 $ 20.00 $ 73,900.00 QUINTA STD. 650 MOD. REMOVE AND RECONSTRUCT EX. PORTION 15 OF CATCH BASIN AND LOCAL DEPRESSION LS 1 $ 8,000.00 $ 8,000.00 PER CITY OF LA QUINTA STD. 300, 330, AND PER PLAN 16 2" GRIND AND ASPHALT CONCRETE SF 16,740 $ 1.75 $ 29,295.00 OVERLAY 17 PULVERIZE 13" OF ROAD SECTION - THREE SF 1,084,980 $ 0.60 $ 650,988.00 STEP PROCESS 18 CONSTRUCT 5.5" ASPHALT CONCRETE SF 1,085,300 $ 3.50 $ 3,798,550.00 OVER PULVERIZED BASE GRADE PARKWAY, REMOVE, MODIFY, AND 19 REPLACE LANDSCAPE AND IRRIGATION IN LS 1 $ 10,000.00 $ 10,000.00 KIND TO FURTHEST EXTENT POSSIBLE TO JOIN PROPOSED CURB RAMP 20 REMOVE AND RELOCATE EXISTING PPB EA 6 $ 1,000.00 $ 6,000.00 AND PPB POST PER CALTRANS STD. ES-7A SALVAGE TO CITY EXISTING PULL BOX AND 21 FURNISH AND INSTALL NEW NO. 6(T) EA 34 $ 1,100.00 $ 37,400.00 TRAFFIC PULL BOX PER CALTRANS STD PLAN ES-813 22 LOWER AND RAISE DRAINAGE MANHOLE EA 14 $ 2,500.00 $ 35,000.00 23 SIGNING AND STRIPING, INCLUDING ALL LS 1 $ 150,000.00 $ 150,000.00 INCIDENTALS Sub -Total Base Bid: $ 6,981,748.00 Grand Total Base Bid : $ 6,981,748.00 VANCE CORPORTATION Unit Price Total Cost $ 107,625.23 $ 107,625.23 $ 178,022.60 $ 178,022.60 $ 308,183.41 $ 308,183.41 $ 99,891.78 $ 99,891.78 $ 16.63 $ 15,299.60 $ 8.10 $ 153,090.00 $ 60.99 $ 1,829.70 $ 19.74 $ 97,416.90 $ 7.26 $ 7,114.80 $ 5,766.61 $ 92,265.76 $ 6,099.85 $ 24,399.40 $ 99.81 $ 4,990.50 $ 4,687.92 $ 4,687.92 $ 19.74 $ 72,939.30 $ 16,244.09 $ 16,244.09 $ 1.23 $ 20,590.20 $ 0.89 $ 965,632.20 $ 3.41 $ 3,700,873.00 $ 22,702.25 $ 22,702.25 $ 4,168.99 $ 25,013.94 $ 2,852.47 $ 96,983.98 $ 528.47 $ 7,398.58 $ 339,992.05 $ 339,992.05 I $ ti'm3,187.99 I $ 6,363,187.19 GRANITE CONSTRUCTION COMPANY Unit Price Total Cost $ 200,000.00 $ 200,000.00 $ 500,000.00 $ 500,000.00 $ 10,000.90 $ 10,000.90 $ 1,303,150.00 $ 1,303,150.00 $ 15.00 $ 13,800.00 $ 7.30 $ 137,970.00 $ 55.00 $ 1,650.00 $ 17.80 $ 87,843.00 $ 6.55 $ 6,419.00 $ 5,200.00 $ 83,200.00 $ 5,500.50 $ 22,002.00 $ 90.00 $ 4,500.00 $ 4,227.30 $ 4,227.30 $ 17.80 $ 65,771.00 $ 14,648.00 $ 14,648.00 $ 3.70 $ 61,938.00 $ 0.11 $ 119,347.80 $ 3.60 $ 3,907,080.00 $ 18,000.00 $ 18,000.00 $ 7,500.00 $ 45,000.00 $ 1,800.00 $ 61,200.00 $ 1,895.00 $ 26,530.00 $ 338,500.00 $ 338,500.00 $ 7,032,777.00 $ 7,032,777.00 ATP GENERAL ENGINEERING CONTRACTORS Unit Price Total Cost $ 434,000.00 $ 434,000.00 $ 509,000.00 $ 509,000.00 $ 25,000.00 $ 25,000.00 $ 1,225,000.00 $ 1,225,000.00 $ 15.00 $ 13,800.00 $ 7.30 $ 137,970.00 $ 55.00 $ 1,650.00 $ 17.85 $ 88,089.75 $ 6.55 $ 6,419.00 $ 5,200.00 $ 83,200.00 $ 5,200.00 $ 20,800.00 $ 90.00 $ 4,500.00 $ 4,228.00 $ 4,228.00 $ 17.80 $ 65,771.00 $ 14,650.00 $ 14,650.00 $ 3.15 $ 52,731.00 $ 0.34 $ 368,893.20 $ 3.40 $ 3,690,020.00 $ 20,472.00 $ 20,472.00 $ 5,800.00 $ 34,800.00 $ 4,200.00 $ 142,800.00 $ 1,895.00 $ 26,530.00 $ 309,900.00 $ 309,900.00 I $ 7,2tSU,223.95 1 $ 7,280,223.95 ONYX PAVING COMPANY, INC. Unit Price Total Cost $ 323,062.20 $ 323,062.20 $ 405,000.00 $ 405,000.00 $ 101,000.00 $ 101,000.00 $ 405,000.00 $ 405,000.00 $ 28.00 $ 25,760.00 $ 6.50 $ 122,850.00 $ 99.00 $ 2,970.00 $ 22.00 $ 108,570.00 $ 11.00 $ 10,780.00 $ 6,963.00 $ 111,408.00 $ 6,963.00 $ 27,852.00 $ 123.00 $ 6,150.00 $ 7,000.00 $ 7,000.00 $ 33.00 $ 121,935.00 $ 22,000.00 $ 22,000.00 $ 1.88 $ 31,471.20 $ 0.77 $ 835,434.60 $ 3.69 $ 4,004,757.00 $ 28,000.00 $ 28,000.00 $ 4,750.00 $ 28,500.00 $ 5,250.00 $ 178,500.00 $ 7,000.00 $ 98,000.00 $ 363,000.00 $ 363,000.00 1 $ 7,3ti9,000.UU I $ 7,369,000.00 ROVE ENGINEERING, INC. Unit Price Total Cost $ 165,977.00 $ 165,977.00 $ 338,745.00 $ 338,745.00 $ 34,442.00 $ 34,442.00 $ 1,121,938.00 $ 1,121,938.00 $ 16.85 $ 15,502.00 $ 5.08 $ 96,012.00 $ 152.00 $ 4,560.00 $ 19.00 $ 93,765.00 $ 9.50 $ 9,310.00 $ 16,592.00 $ 265,472.00 $ 10,909.00 $ 43,636.00 $ 130.00 $ 6,500.00 $ 10,983.00 $ 10,983.00 $ 19.00 $ 70,205.00 $ 12,178.00 $ 12,178.00 $ 3.35 $ 56,079.00 $ 0.35 $ 379,743.00 $ 4.22 $ 4,579,966.00 $ 16,937.00 $ 16,937.00 $ 8,298.00 $ 49,788.00 $ 2,085.00 $ 70,890.00 $ 1,592.00 $ 22,288.00 $ 473,945.00 $ 473,945.00 Is 7,93tf,867.UU I $ 7,938,861.00 MATICH CORPORATION Unit Price Total Cost $ 1,495,034.20 $ 1,495,034.20 $ 622,000.00 $ 622,000.00 $ 89,000.00 $ 89,000.00 $ 1,997,000.00 $ 1,997,000.00 $ 16.20 $ 14,904.00 $ 7.90 $ 149,310.00 $ 59.00 $ 1,770.00 $ 14.70 $ 72,544.50 $ 7.00 $ 6,860.00 $ 5,600.00 $ 89,600.00 $ 5,900.00 $ 23,600.00 $ 97.00 $ 4,850.00 $ 4,600.00 $ 4,600.00 $ 14.70 $ 54,316.50 $ 15,600.00 $ 15,600.00 $ 2.47 $ 41,347.80 $ 1.35 $ 1,464,723.00 $ 3.80 $ 4,124,140.00 $ 14,000.00 $ 14,000.00 $ 4,100.00 $ 24,600.00 $ 2,800.00 $ 95,200.00 $ 2,050.00 $ 28,700.00 $ 333,000.00 $ 333,000.00 $ 1U,7ub'7UU.UU 1 $ 10,766,700.00 185 186 CONSENT CALENDAR ITEM NO. 9 City of La Quinta CITY COUNCIL MEETING: April 1, 2025 STAFF REPORT AGENDA TITLE: APPROPRIATE FUNDS AND APPROVE TURF REPLACEMENT COSTS FOR SILVERROCK RESORT GOLF COURSE RECOMMENDATION Appropriate funds and approve turf replacement costs for SilverRock Resort Golf Course. EXECUTIVE SUMMARY • The City contracts operations and maintenance of SilverRock Resort Golf Course (SilverRock) to Landmark Golf Management LLC (Landmark). • On March 18, 2025, Council discussed the successful test of new Bermuda grass variants on the 5t" hole at SilverRock in 2024 offering superior year-round performance and drought tolerance, and expressed support for Landmark's recommendation to replace the turf on the front 9 holes during summer 2025 and the back 9 holes during summer 2026. '4 PACT An appropriation of $350,000 from Fund 602 — SilverRock Golf Reserve and $800,000 from Unassigned General Fund balance is necessary in fiscal year (FY) 2024/25 to cover the estimated costs to complete the turf replacement for the front 9 holes at SilverRock as detailed in the table below: Project Scope Estimated Costs Turf Replacement $1,050,000 Contingency $ 100,000 Total: $1,150,000 BACKGROUND/ANALYSIS SilverRock opened in 2005 with TifSport Bermuda grass, which proved problematic due to poor summer transition and unplayable turf conditions. In June 2024, Landmark conducted a trial using alternative Bermuda grass types on the 5t" hole such as Coachella, TifTuf and Latitude 36. The test results confirmed that these variants provide a stronger 187 Bermuda base, faster transition, and better color retention throughout winter, all while reducing overseeding costs and water usage. On March 18, 2025, Council discussed the successful test of new Bermuda grass variants on the 5` hole, expressed support for Landmark's recommendation to replace the turf on the front 9 holes in summer of 2025 and the back 9 holes in summer of 2026, with the Bermuda Latitude 36 variant and Mini -Verde on the greens, and directed staff to bring this item back for consideration on the Consent Calendar in order to appropriate the required funding to move forward with the project. The grass renovation of the front 9 holes will begin on May 19, 2025, with an anticipated reopening around the last week in August. SilverRock will remain open with the back 9 holes during the transition, and all 18 holes will be overseeded in October 2025. This same process will be repeated in summer of 2026 to complete the grass renovation at the back 9 holes. Key benefits of the new Bermuda variants include: 1) Improved Playing Conditions: Year-round aesthetics and playability with no spring/summer turf transition issues. The turf will provide a better Bermuda grass base which ensures improved overseed quality and better playing conditions. This could allow for an increase in green fee prices year-round, resulting in higher annual green fee revenue. For example, a $5 annual increase in average green fees would amount to over $200,000 in increased revenue annually. 2) Operational Efficiency: Less downtime for summer green aerification and faster recovery times which translates to increased green fee revenue immediately following aerification. 3) Water Conservation: The drought tolerant turf would reduce water usage during summer months saving approximately 15% or $15,000 annually. The proposed improvements will contribute to the sustainability, functionality, and overall appearance, supporting future hotel and home site developments adjacent to SilverRock. ALTERNATIVES As Council approved moving forward with this project at the March 18, 2025 meeting, staff does not propose an alternative. Prepared by: Laurie McGinley, Management Specialist Approved by: Jon McMillen, City Manager :: CONSENT CALENDAR ITEM NO. 10 City of La Quinta CITY COUNCIL MEETING: April 1, 2025 STAFF REPORT AGENDA Tr RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED DECEMBER 31, 2024 RECOMMENDATION Receive and file revenue and expenditure report dated December 31, 2024. EXECUTIVE SUMMARY • The report summarizes the City's year-to-date (YTD) and month -to -date (MTD) revenues and expenditures for December 2024 (Attachment 1). • These reports are also reviewed by the Financial Advisory Commission. FISCAL IMPACT — None BACKGROUND/ANALYSIS Below is a summary of the column headers used on the Revenue and Expenditure Summary Reports: Original Total Budget — represents revenue and expenditure budgets the Council adopted in June 2024 for fiscal year 2024/25. Current Total Budget — represents original adopted budgets plus any Council approved budget amendments from throughout the year, including any carryovers from fiscal year 2023/24. Period Activity — represents actual revenues received and expenditures outlaid in the reporting month. Fiscal Activity — represents actual revenues received and expenditures outlaid YTD. Variance Favorable/(Unfavorable) - represents the dollar difference between YTD collections/expenditures and the current budgeted amount. Percent Used — represents the percentage activity as compared to budget YTD. We December 2024 Revenues Comparison to 2023 Percent of Percent of MTD YTD Budget YTD Budget General Fund (GF) $12,073,171 $22,699,584 25.88% $18,940,083 24.13% All Funds $15,845,514 $36,241,335 16.66% $44,061,424 22.36% December 2024 Expenditures Comparison to 2023 Percent of Percent of MTD YTD Budget YTD Budget General Fund $7,003,369 $20,554,986 19.37% $23,622,097 23.86% Payroll (GF) $1,209,029 $5,555,629 39.32% $5,870,845 43.85% All Funds $15,667,811 $60,260,697 25.06% $66,349,059 29.07% Total revenue and expenditure figures are inclusive of internal accounting entries such as transfers in/out and internal service fund quarterly allocations, which are not reflected individually in the Top Five chart. Top Five Revenue/Income Sources for December General Fund Non -General Fund Property Tax $ 2,617,841 Allocated Interest $ 799,324 Measure G Sales Tax $ 1,452,573 SilverRock Green Fees $ 583,352 Sales Tax $ 1,199,620 County Sales Tax (Measure A) $ 322,784 Transient Occupancy (Hotel) Tax $ 1,175,788 Gas Tax $ 175,346 STVR Registration Fees $ 112,250 lHousing Authority Rent Revenue $ 97,067 i op rive rxpenonuresiuuaays Tor uecemoer General Fund Non -General Fund Sheriff Contract (Sept/Oct) $ 1,155,603 Capital Improvement Program - Construction(l) $ 1,191,590 Parks Landscape Maintenance Contract $ 186,964 City Building Repair(2) $ 442,038 Community Experiences $ 131,985 Capital Improvement Program - Design(3) $ 428,807 Professional Services - Streets $ 96,272 SilverRock Maintenance(4) $ 193,550 (1)CIP Construction: Dune Palms Bridge, pavement management plan (PMP), Eisenhower retention basin slope repairs (2)City Building Repair: City Hall roof replacement (3)CIP Design: Contracted design expenses associated with cultural campus and maintenance & operations yard (4)SilverRock Maintenance: Golf course maintenance Revenues are not received uniformly throughout the year, resulting in peaks and valleys. For example, large property tax payments are usually received in December and May. Similarly, Redevelopment Property Tax Trust Fund payments are typically received in January and June. Any timing imbalance of revenue receipts versus expenditures is funded from the City's cash flow reserve. Unlike revenues, expenditures are more likely to be consistent from month to month. However, large debt service payments or CIP expenditures can cause swings. Prepared by: Rosemary Hallick, Principal Management Analyst Approved by: Claudia Martinez, Finance Director Attachment: 1. Revenue and Expenditure Report for December 31, 2024 190 ta Q"fra ATTACHMENT 1 For Fiscal: 2024/25 Period Ending: 12/31/2024 Revenue Summary Variance Original Current Period Fiscal Favorable Percent Fund Total Budget Total Budget Activity Activity (Unfavorable) Used 101- GENERAL FUND 82,714,300 87,707,804 12,073,171 22,699,584 -65,008,220 25.88% 105 - DISASTER RECOVERY FUND 30,000 30,000 0 -12,424 -42,424 41.41% 201- GAS TAX FUND 2,589,000 2,589,000 175,346 842,795 -1,746,205 32.55% 202 - LIBRARY & MUSEUM FUND 3,143,000 3,143,000 622 -11,345 -3,154,345 0.36% 203 - PUBLIC SAFETY FUND (MEASURE G) 5,000 5,000 0 -228 -5,228 4.55% 210 - FEDERAL ASSISTANCE FUND 190,000 190,000 0 -3 -190,003 0.00% 212 - SLESA (COPS) FUND 103,000 103,000 8,333 118,925 15,925 115.46% 215 - LIGHTING & LANDSCAPING FUND 4,000,500 4,000,500 0 23,967 -3,976,533 0.60% 221- AB 939 - CALRECYCLE FUND 80,000 80,000 3,946 14,396 -65,604 17.99% 223 - MEASURE A FUND 2,025,000 2,025,000 322,784 595,386 -1,429,614 29.40% 225 - INFRASTRUCTURE FUND 1,000 1,000 0 -24 -1,024 2.41% 226 - EMERGENCY MANAGEMENT 13,000 13,000 0 0 -13,000 0.00% 227-STATE HOMELAND SECURITY 5,500 5,500 0 0 -5,500 0.00% 230 - CASp FUND, AB 1379 21,000 21,000 1,552 8,099 -12,901 38.57% 231- SUCCESSOR AGCY PA 1 RORF 20,260,000 20,260,000 74 21,800 -20,238,200 0.11% 235 - SO COAST AIR QUALITY FUND 54,500 54,500 13,047 12,885 -41,615 23.64% 237 - SUCCESSOR AGCY PA 1 ADMIN 13,820 13,820 0 -233 -14,053 1.69% 241 - HOUSING AUTHORITY 1,452,000 1,452,000 97,067 619,399 -832,601 42.66% 243 - RDA LOW -MOD HOUSING FUND 60,000 60,000 0 -5,289 -65,289 8.82% 244 - HOUSING GRANTS (Multiple) 0 0 67,475 67,475 67,475 0.00% 247 - ECONOMIC DEVELOPMENT FUND 40,000 40,000 0 1,998 -38,002 4.99% 249 - SA 2011 LOW/MOD BOND FUND 18,000 18,000 25,327 50,848 32,848 282.49% 250-TRANSPORTATION DIF FUND 540,000 540,000 56,903 235,064 -304,936 43.53% 251 - PARKS & REC DIF FUND 253,000 253,000 8,112 61,190 -191,810 24.19% 252 - CIVIC CENTER DIF FUND 103,000 103,000 7,513 42,702 -60,298 41.46% 253 - LIBRARY DEVELOPMENT DIF 50,000 50,000 1,529 11,910 -38,090 23.82% 254 - COMMUNITY & CULTURAL CENTER 105,000 105,000 3,682 27,360 -77,640 26.06% 255 - STREET FACILITY DIF FUND 1,000 1,000 0 -100 -1,100 10.04% 256 - PARK FACILITY DIF FUND 100 100 0 -9 -109 9.45% 257 - FIRE PROTECTION DIF 53,000 53,000 2,225 12,630 -40,370 23.83% 259 - MAINTENANCE FACILITIES DIF FUND 47,000 47,000 3,578 15,960 -31,040 33.96% 270-ART IN PUBLIC PLACES FUND 158,000 158,000 7,941 38,114 -119,886 24.12% 275 - LQ PUBLIC SAFETY OFFICER 3,000 3,000 0 -69 -3,069 2.30% 299 - INTEREST ALLOCATION FUND 0 0 799,324 4,098,233 4,098,233 0.00% 310 - LQ FINANCE AUTHORITY DEBT SERVICE 1,500 1,500 0 -1 -1,501 0.07% 401 -CAPITAL IMPROVEMENT PROGRAM 27,218,109 82,703,042 0 1,304,011 -81,399,031 1.58% 405 - SA PA 1 CAPITAL IMPRV FUND 500 500 0 -8 -508 1.51% 501 - FACILITY & FLEET REPLACEMENT 1,705,000 1,705,000 373,750 741,118 -963,882 43.47% 502 - INFORMATION TECHNOLOGY 2,276,708 2,276,708 774,530 1,558,858 -717,850 68.47% 503 - PARK EQUIP & FACILITY FUND 500,000 500,000 250,000 495,414 -4,586 99.08% 504 - INSURANCE FUND 1,363,230 1,363,230 341,258 680,508 -682,722 49.92% 601 - SILVERROCK RESORT 5,484,500 5,484,500 638,163 1,570,114 -3,914,386 28.63% 602 - SILVERROCK GOLF RESERVE 98,000 98,000 0 -882 -98,882 0.90% 760 -SUPPLEMENTAL PENSION PLAN 7,000 7,000 0 -88 -7,088 1.26% 761- CERBT OPEB TRUST 40,000 40,000 -84,575 72,353 32,353 180.88% 762 - PARS PENSION TRUST 200,000 200,000 -127,161 228,943 28,943 114.47% Report Total: 157,026,267 217,504,704 15,845,514 36,241,335 -181,263,369 16.66% Accounts are subject to adjusting entries and audit. The City's Annual Comprehensive Financial Report, published annually, is the best resource for all final audited numbers. Page 1 of 3 191 For Fiscal: 2024/25 Period Ending: 12/31/2024 Expenditure Summary Variance Original Current Period Fiscal Favorable Percent Fund Total Budget Total Budget Activity Activity (Unfavorable) Used 101- GENERAL FUND 83,331,665 106,123,185 7,003,369 20,554,986 85,568,198 19.37% 105 - DISASTER RECOVERY FUND 0 4,993,504 4,993,504 4,993,504 0 100.00% 201-GAS TAX FUND 3,443,100 5,749,202 320,756 1,553,393 4,195,809 27.02% 202 - LIBRARY & MUSEUM FUND 2,555,615 5,010,360 57,208 358,334 4,652,026 7.15% 203 - PUBLIC SAFETY FUND (MEASURE G) 0 20,376 0 0 20,376 0.00% 210 - FEDERAL ASSISTANCE FUND 198,500 198,500 0 0 198,500 0.00% 212 - SLESA (COPS) FUND 100,000 100,000 13,438 65,998 34,002 66.00% 215 - LIGHTING & LANDSCAPING FUND 3,957,700 4,532,700 392,465 1,812,015 2,720,685 39.98% 220-QUIMBYFUND 0 262,685 0 0 262,685 0.00% 221 - AB 939 - CALRECYCLE FUND 200,000 200,000 15,036 46,555 153,445 23.28% 223 - MEASURE A FUND 2,335,000 4,456,986 0 149,017 4,307,969 3.34% 226 - EMERGENCY MANAGEMENT 12,000 12,000 0 11,373 627 94.78% 227- STATE HOMELAND SECURITY PROGRAMS 5,000 5,000 0 0 5,000 0.00% 230 - CASp FUND, AB 1379 5,500 5,500 0 0 5,500 0.00% 231 - SUCCESSOR AGCY PA 1 RORF 4,452,755 4,452,755 0 15,050,680 -10,597,925 338.01% 235 - SO COAST AIR QUALITY FUND 40,000 40,000 0 4,203 35,797 10.51% 237 - SUCCESSOR AGCY PA 1 ADMIN 10,000 10,000 0 1,600 8,400 16.00% 241 - HOUSING AUTHORITY 1,715,440 1,965,440 145,543 766,963 1,198,477 39.02% 243 - RDA LOW -MOD HOUSING FUND 250,000 350,000 0 300,800 49,200 85.94% 247 - ECONOMIC DEVELOPMENT FUND 31,500 31,500 128 4,494 27,006 14.27% 249 - SA 2011 LOW/MOD BOND FUND 250,000 450,000 0 307,105 142,895 68.25% 250-TRANSPORTATION DIF FUND 1,579,109 2,837,567 0 400,454 2,437,114 14.11% 251 - PARKS & REC DIF FUND 0 843,615 0 62,573 781,042 7.42% 252 - CIVIC CENTER DIF FUND 0 249,925 0 0 249,925 0.00% 253 - LIBRARY DEVELOPMENT DIF 15,000 15,000 0 0 15,000 0.00% 254 - COMMUNITY & CULTURAL CENTER 500,000 625,000 0 0 625,000 0.00% 259 - MAINTENANCE FACILITIES DIF FUND 100,000 280,000 0 0 280,000 0.00% 270 - ART IN PUBLIC PLACES FUND 233,000 741,799 12,058 60,003 681,796 8.09% 310 - LQ FINANCE AUTHORITY DEBT SERVICE 1,500 1,500 0 0 1,500 0.00% 401 - CAPITAL IMPROVEMENT PROGRAM 27,218,109 80,726,566 1,730,719 7,086,001 73,640,565 8.78% 501 - FACILITY & FLEET REPLACEMENT 1,628,750 2,665,364 465,937 1,085,464 1,579,900 40.72% 502 - INFORMATION TECHNOLOGY 3,217,945 3,367,945 80,497 1,394,027 1,973,918 41.39% 503 - PARK EQUIP & FACILITY FUND 2,000,000 2,700,000 36,315 612,615 2,087,385 22.69% 504 - INSURANCE FUND 1,058,000 1,058,000 5,009 1,045,083 12,917 98.78% 601- SILVERROCK RESORT 5,365,000 5,365,000 392,578 2,502,880 2,862,120 46.65% 760 -SUPPLEMENTAL PENSION PLAN 12,850 12,850 0 12,833 17 99.87% 761 - CERBT OPEB TRUST 1,500 1,500 374 820 680 54.66% 762 - PARS PENSION TRUST 30,000 30,000 2,879 16,923 13,077 56.41% Report Total: 145,854,538 240,491,324 15,667,811 60,260,697 180,230,627 25.06% Accounts are subject to adjusting entries and audit. The City's Annual Comprehensive Financial Report, published annually, is the best resource for all final audited numbers. Page 2 of 3 192 Fund Descriptions Fund # Name Notes 101 General Fund The primary fund of the City used to account for all revenue and expenditures of the City; a broad range of municipal activities are provided through this fund. 105 Disaster Recovery Fund Accounts for use of one-time federal funding designed to deliver relief to American workers and aid in the economic recovery in the wake of COVID-19. The American Rescue Plan Act (ARPA) was passed by Congress in 2021 to provide fiscal recovery funds to state and local governments. 201 Gas Tax Fund Gasoline sales tax allocations received from the State which are restricted to street -related expenditures. 202 Library and Museum Fund Revenues from property taxes and related expenditures for library and museum services. 203 Public Safety Fund General Fund Measure G sales tax revenue set aside for public safety expenditures. 210 Federal Assistance Fund Community Development Block Grant (CDBG) received from the federal government and the expenditures of those resources. 212 SLESF (COPS) Fund Supplemental Law Enforcement Services Funds (SLESF) received from the State for law enforcement activities. Also known as Citizen's Option for Public Safety (COPS). 215 Lighting & Landscaping Fund Special assessments levied on real property for city-wide lighting and landscape maintenance/improvements and the expenditures of those resources. 220 Quimby Fund Developer fees received under the provisions of the Quimby Act for park development and improvements. 221 AB939 Fund/Cal Recycle Franchise fees collected from the city waste hauler that are used to reduce waste sent to landfills through recycling efforts, Assembly Bill (AB) 939, 223 Measure A Fund County sales tax allocations which are restricted to street -related expenditures. 224 TUMF Fund Developer -paid Transportation Uniform Mitigation Fees (TUMF) utilized for traffic projects in Riverside County. 225 Infrastructure Fund Developer fees for the acquisition, construction or improvement of the City's infrastructure as defined by Resolution 226 Emergency Mgmt. Performance Grant (EMPG) Federal Emergency Management Agency (FEMA) grant for emergency preparedness. 227 State Homeland Security Programs (SHSP) Federal Emergency Management Agency (FEMA) grant for emergency preparedness. 230 CASP Fund, AB1379 / SB1186 Certified Access Specialist (CASp) program fees for ADA Accessibility Improvements; derived from Business License renewals. Assembly Bill AB 1379 and Senate Bill SB 1186. 231 Successor Agency PA 1 RORF Fund Successor Agency (SA) Project Area (PA) 1 Redevelopment Obligation Retirement Fund (RORF) for Redevelopment Property Tax Trust Fund (RPTTF) taxes received for debt service payments on recognized obligations of the former Redevelopment Agency (RDA). 235 SO Coast Air Quality Fund (AB2766, PM10) Contributions from the South Coast Air Quality Management District. Uses are limited to the reduction and control of airborne pollutants. Assembly Bill AB 2766. 237 Successor Agency PA 1 Admin Fund Successor Agency (SA) Project Area (PA) 1 for administration of the Recognized Obligation Payment Schedule ROPS associated with the former Redevelopment Agency (RDA). 241 Housing Authority Activities of the Housing Authority which is to promote and provide quality affordable housing. 243 RDA Low -Moderate Housing Fund Activities of the Housing Authority which is to promote and provide quality affordable housing. Accounts for RDA loan repayments 20 /o for Housing) and housing programs,. 244 Housing Grants Activites related Local Early Action Planning (LEAP) and SB2 grants for housing planning and development. 247 Economic Development Fund Proceeds from sale of City -owned land and transfers from General Fund for future economic development. 249 SA 2011 Low/Mod Bond Fund Successor Agency (SA) low/moderate housing fund; 2011 bonds refinanced in 2016. 250 Transportation DIF Fund Developer impact fees collected for specific public improvements - transportation related. 251 Parks & Rec. DIF Fund Developer impact fees collected for specific public improvements - parks and recreation. 252 Civic Center DIF Fund Developer impact fees collected for specific public improvements - Civic Center. 253 Library Development DIF Fund Developer impact fees collected for specific public improvements - library. 254 Community Center DIF Fund Developer impact fees collected for specific public improvements - community center. 255 Street Facility DIF Fund Developer impact fees collected for specific public improvements - streets. 256 Park Facility DIF Fund Developer impact fees collected for specific public improvements - parks. 257 Fire Protection DIF Fund Developer impact fees collected for specific public improvements - fire protection. 259 Maintenance Facilities DIF Fund Developer impact fees collected for specific public improvements - maintenance facilities. 270 Art In Public Places Fund Developer fees collected in lieu of art placement; utilized for acquisition, installation and maintenance of public artworks. 275 LQ Public Safety Officer Fund Annual transfer in from General Fund; distributed to public safety officers disabled or killed in the line of duty. 299 Interest Allocation Fund Interest earned on investments. 310 LQ Finance Authority Debt Service Fund Accounted for the debt service the Financing Authority's outstanding debt and any related reporting requirements. This bond was fully paid in October 2018. 401 Capital Improvement Program Fund Planning, design, and construction of various capital projects throughout the City. 405 SA PA 1 Capital Improvement Fund Successor Agency (SA) Project Area (PA) 1 bond proceeds restricted by the bond indenture covenants. Used for SilverRock infrastructure improvements. 501 Equipment Replacement Fund Internal Service Fund for vehicles, heavy equipment, and related facilities. 502 Information Technology Fund Internal Service Fund for computer hardware and software and phone systems. 503 Park Equipment & Facility Fund Internal Service Fund for park equipment and facilities. 504 Insurance Fund Internal Service Fund for city-wide insurance coverages. 601 SilverRock Resort Fund Enterprise Fund for activities of the city -owned golf course. 602 SilverRock Golf Reserve Fund Enterprise Fund for golf course reserves for capital improvements. 760 Supplemental Pension Plan PARS Account Supplemental pension savings plan for excess retiree benefits to general employees of the City. 761 Other Post Benefit Obligation Trust (OPEB) For retiree medical benefits and unfunded liabilities. 762 Pension Trust Benefit (PARS Account) For all pension -related benefits and unfunded liabilities. 193 Page 3 of 3 194 CONSENT CALENDAR ITEM NO. 11 City of La Quinta CITY COUNCIL MEETING: April 1, 2025 STAFF REPORT AGENDA TITLL APPROVE DEMAND REGISTERS DATED MARCH 14 AND 21, 2025 RECOMMENDATION Approve demand registers dated March 14 and 21, 2025. EXECU i i v Fz -)uiviiviiArx i — None FISCAL IMPACT Demand of Cash: City Successor Agency of RDA Housing Authority BACKGROUND/ANALYSIS $ 11,325,635.68 $ 207,003.00 $ 29,629.60 $ 11,562,268.28 Routine bills and payroll must be paid between Council meetings. Attachment 1 details the weekly demand registers for March 14 and 21, 2025. Warrants Issued: 216322-216377 $ 420, 073.81 216378-216453 $ 4,968,246.63 EFT 196-200 $ 9,458.85 Wire Transfers $ 5,845,910.15 Payroll Tax Transfers $ 57,877.80 Payroll Direct Deposit $ 266,508.83 $ (5,807.79 $ 11,562,268.28 "Check number 216454, paybale to Stewart Title of California, Inc, will be reported on a future Demand Register Report. Four checks were voided and reissued. The voids were the result of the periodic review of outstanding checks. 195 Vendor Account Name Amount Purpose Burrtec Waste & Recycling Services(') Various Ortiz Enterprises, Inc. Construction BP Dune Palms, LP Affordable Housing Project Development All American Asphalt Springs Ambulance Service, Inc. (1) Payments were made 03/14/25 & 03/21 /25 $3,777,671.55 FY 24/25 Property Tax Payment & Trash Service for AMEX $724,184.81 Dune Palms Bridge Progress Payment $207,003.00 Reimbursement for Utility Work Retention Payable $92,840.94 Retention Payment Golf Tournament $65,828.00 AMR Services for AMEX Wire Transfers: Twelve transfers totaled $5,845,910 of this amount, $5 million was to U.S. Bank for investment purchases and $220,384 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. Transaction Issuer Type Maturity Federal National Mortgage Assoc. Agency Call Access Bank CD Call Key Bank, N.A. CD Purchase United Bankers Bank CD Prepared by: Jesse Batres, Finance Technician Approved by: Claudia Martinez, Finance Director Attachments: 1. Demand Registers 2. Wire Transfers Settle Coupon Par Value Date Rate YTM 1,000,000 3/12/2025 4.125% 4.375% 248,000 3/13/2025 1.600% 1.600% 244,000 3/17/2025 5.000% 5.000% 248,000 3/17/2025 5.000% 5.000% 196 ATTACHMENT 1 Demand Register 4 Qua City of La quinta Packet: APPKT04103 - 03/14/2025 JB Vendor Name Payment Number Description (Item) Account Name Account Number Amount Fund: 101-GENERAL FUND ALPHA MEDIA LLC 216323 12/01-12/08/24 - IRONMAN RADIO ADS... Community Experiences 101-3003-60149 580.00 BMO FINANCIAL GROUP 216327 01/31/25 - PRE -EMPLOYMENT PHYSICAL.., Recruiting/Pre-Employment 101-1004-60129 100.00 BMO FINANCIAL GROUP 216327 02/23-02/26/25 - LODGING C.TRIPLETT... Travel & Training 101-1004-60320 1,330.29 BMO FINANCIAL GROUP 216327 PHOTO BOOTH EMPLOYEE APPRECIATI... Employee Recognition Events 101-1004-60340 100.00 BMO FINANCIAL GROUP 216327 03/03/25 - APWA LUNCHEON Travel & Training 101-3005-60320 28.52 BMO FINANCIAL GROUP 216327 03/03/25 - APWA LUNCHEON Travel & Training 101-3007-60320 28.52 BMO FINANCIAL GROUP 216327 03/03/25 - APWA LUNCHEON Travel & Training 101-6002-60320 28.52 BMO FINANCIAL GROUP 216327 03/03/25 - APWA LUNCHEON Travel & Training 101-6006-60320 28.52 BMO FINANCIAL GROUP 216327 03/11-03/13/25 - ADMIN CERT PROGR... Travel & Training 101-7001-60320 539.00 BMO FINANCIAL GROUP 216327 03/03/25 - APWA LUNCHEON Travel & Training 101-7001-60320 46.36 BMO FINANCIAL GROUP 216327 03/11-03/13/25 - ADMIN CERT PROGR... Travel & Training 101-7001-60320 539.00 BMO FINANCIAL GROUP 216327 2025 SUBDIVISON MAP ACT BOOKS Travel & Training 101-7002-60320 110.24 BMO FINANCIAL GROUP 216327 CERTIFIED PAYROLL TRAINING C.ESCAR... Travel &Training 101-7002-60320 379.00 BMO FINANCIAL GROUP 216327 2024 WATCH BOOKS Travel & Training 101-7002-60320 324.12 BMO FINANCIAL GROUP 216327 03/03/25 - APWA LUNCHEON Travel & Training 101-7003-60320 308.38 BMO FINANCIAL GROUP 216327 4/16/25 2025 SOCAL APWA PWX T.ULL... Travel & Training 101-7003-60320 193.92 BMO FINANCIAL GROUP 216327 03/03/25 - APWA LUNCHEON Travel & Training 101-7006-60320 28.52 BMO FINANCIAL GROUP 216327 03/03/25 - APWA LUNCHEON Travel & Training 101-7006-60320 69.54 BMO FINANCIAL GROUP 216327 02/23-02/25/25 - LODGING C.TRIPLETT... Travel & Training 101-1004-60320 -443.43 BMOFINANCIAL GROUP 216327 CLEANING SUPPLIES Operating Supplies 101-3002-60420 182.14 BMOFINANCIAL GROUP 216327 SENIOR LUNCHEON Operating Supplies 101-3002-60420 704.33 BMO FINANCIAL GROUP 216327 COFFEE FOR COMMUNITY WORKSHOP Community Engagement 101-3007-60137 88.00 BMO FINANCIAL GROUP 216327 SNACKS HARASSMENT PREVENTION TRA.. Travel & Training 101-1004-60320 143.56 BMO FINANCIAL GROUP 216327 RETURN EXTERNAL HARD DRIVES (2) Office Supplies 101-1005-60400 -192.48 BMO FINANCIAL GROUP 216327 EXTERNAL HARD DRIVES (2) Office Supplies 101-1005-60400 192.48 BMO FINANCIAL GROUP 216327 COMPUTER MONITOR MOUNT Office Supplies 101-1005-60400 113.08 BMO FINANCIAL GROUP 216327 OFFICE SUPPLIES Office Supplies 101-1005-60400 41.28 BMO FINANCIAL GROUP 216327 CITYWIDE COFFEE SUPPLIES Citywide Supplies 101-1007-60403 57.59 BMO FINANCIAL GROUP 216327 CITYWIDE COFFEE SUPPLIES Citywide Supplies 101-1007-60403 77.99 BMO FINANCIAL GROUP 216327 CITYWIDE COFFEE SUPPLIES Citywide Supplies 101-1007-60403 29.99 BMO FINANCIAL GROUP 216327 MICROWAVE FOR PUBLIC SAFETY LQ Police Volunteers 101-2001-60109 225.09 BMO FINANCIAL GROUP 216327 COFFEE SUPPLIES FOR PUBLIC SAFETY LQ Police Volunteers 101-2001-60109 45.99 BMO FINANCIAL GROUP 216327 POLICE SUPPLIES Special Enforcement/City Sp... 101-2001-60165 993.78 BMO FINANCIAL GROUP 216327 5/12-5/13/25 COVERT ENTRY SPECIALIST.. Travel & Training 101-2001-60320 1,352.55 BMO FINANCIAL GROUP 216327 FIRE STATIONS PROMO ITEMS Volunteers - Fire 101-2002-60110 668.89 BMO FINANCIAL GROUP 216327 EMERGENCY MANAGEMENT BOOK Travel & Training 101-2002-60320 63.41 BMO FINANCIAL GROUP 216327 BROCHURE HOLDERS Office Supplies 101-2002-60400 68.38 BMO FINANCIAL GROUP 216327 VIAL OF LIFE BAGS Disaster Prep Supplies 101-2002-60406 562.72 BMO FINANCIAL GROUP 216327 EMERGENCY MANAGEMENT SUPPLIES Disaster Prep Supplies 101-2002-60406 177.80 BMO FINANCIAL GROUP 216327 SUPPLIES FOR EASTER EGG HUNT EVENT Community Experiences 101-3003-60149 22.62 BMO FINANCIAL GROUP 216327 SUPPLIES FOR EASTER EGG HUNT EVENT Community Experiences 101-3003-60149 116.34 BMO FINANCIAL GROUP 216327 SUPPLIES FOR EASTER EGG HUNT EVENT Community Experiences 101-3003-60149 36.95 BMO FINANCIAL GROUP 216327 PLUSH BUNNIES STUFFED ANIMALS Community Experiences 101-3003-60149 194.03 BMO FINANCIAL GROUP 216327 SUPPLIES FOR EASTER EGG HUNT EVENT Community Experiences 101-3003-60149 355.49 BMO FINANCIAL GROUP 216327 AMAZON REFUND Community Experiences 101-3003-60149 -40.70 BMO FINANCIAL GROUP 216327 AMAZON REFUND Community Engagement 101-3007-60137 -7.61 BMO FINANCIAL GROUP 216327 03/2025 APPLE MUSIC/STORAGE SUBSC... Membership Dues 101-3007-60351 25.95 BMO FINANCIAL GROUP 216327 02/2025 - MAILCHIMP Membership Dues 101-3007-60351 219.00 BMO FINANCIAL GROUP 216327 ENFORCER KEY LOCK Materials/Supplies 101-3008-60431 41.58 BMO FINANCIAL GROUP 216327 DOOR ROLLER PLUNGER Materials/Supplies 101-3008-60431 43.47 BMO FINANCIAL GROUP 216327 ROLLING CARTS FOR PUBLIC SAFETY Office Supplies 101-6004-60400 138.14 BMO FINANCIAL GROUP 216327 TAPE MEASURE Supplies - Field 101-6004-60425 24.67 BMO FINANCIAL GROUP 216327 STANDING DESK CONVERTER Operating Supplies 101-6006-60420 347.99 3/24/2025 5:17:35 PM Page 1 of 9 197 Demand Register Packet: APPKT04103 - 03/14/2025 JB Vendor Name Payment Number Description (Item) Account Name Account Number Amount BMO FINANCIAL GROUP 216327 HAND SANITIZING WIPES Operating Supplies 101-7003-60420 206.50 BMO FINANCIAL GROUP 216327 CVAG CV LINK LUNCH D.CASTRO Travel & Training 101-6001-60320 54.34 BMO FINANCIAL GROUP 216327 ACEC PLANNING PUBLICATIONS BOOKS Subscriptions & Publications 101-6001-60352 147.15 BMO FINANCIAL GROUP 216327 FOAMBOARD POSTERS Office Supplies 101-6001-60400 315.32 BMO FINANCIAL GROUP 216327 APA WORKING LUNCH Travel & Training 101-6002-60320 21.73 BMO FINANCIAL GROUP 216327 ACEC PLANNING PUBLICATIONS BOOKS Subscriptions & Publications 101-6002-60352 588.60 BMO FINANCIAL GROUP 216327 RADIOS SALES TAX Sales Taxes Payable 101-0000-20304 -89.16 BMO FINANCIAL GROUP 216327 RADIOS Tools/Equipment 101-7003-60432 1,108.10 BMO FINANCIAL GROUP 216327 FOOD FOR COMMUNITY WORKSHOP Community Engagement 101-3007-60137 309.26 BMO FINANCIAL GROUP 216327 06/19-06/21/25 VIDCON CONFERENCE ... Travel & Training 101-3007-60320 170.00 BMO FINANCIAL GROUP 216327 BEVERAGES FOR COUNCIL MEETINGS Travel & Training 101-1001-60320 50.97 BMO FINANCIAL GROUP 216327 SNACKS FOR HARASSMENT PREVENTION.. Travel & Training 101-1004-60320 320.34 BMO FINANCIAL GROUP 216327 DISINFECTING WIPES Office Supplies 101-1004-60400 23.90 BMO FINANCIAL GROUP 216327 BEVERAGES FOR COMMUNITY WORKS... Community Engagement 101-3007-60137 126.74 BMO FINANCIAL GROUP 216327 OPHELIA LUNCHEON D.MCGARREY Travel & Training 101-1001-60320 125.00 BMO FINANCIAL GROUP 216327 OPHELIA LUNCHEON K.FITZPATRICK Travel & Training 101-1001-60320 125.00 BMO FINANCIAL GROUP 216327 GIRLFRIEND FACTOR FUND RAISER S.SA... Travel & Training 101-1001-60320 209.02 BMO FINANCIAL GROUP 216327 02/04/25 - CITY COUNCIL MEETING DIN... Travel & Training 101-1001-60320 7.99 BMO FINANCIAL GROUP 216327 02/04/25 - CITY COUNCIL MEETING DIN... Travel & Training 101-1001-60320 184.15 BMO FINANCIAL GROUP 216327 02/04/25 - CITY COUNCIL MEETING BEV... Travel & Training 101-1001-60320 7.59 BMO FINANCIAL GROUP 216327 02/18/25 - CITY COUNCIL MEETING DIN... Travel & Training 101-1001-60320 195.96 BMO FINANCIAL GROUP 216327 OPHELIA LUNCHEON S.SANCHEZ Travel & Training 101-1001-60320 125.00 BMO FINANCIAL GROUP 216327 02/06/25 - CM LUNCH MEETING Travel & Training 101-1002-60320 155.83 BMO FINANCIAL GROUP 216327 02/10/25 - MEALT.ULLOA TRAINING Travel & Training 101-7003-60320 37.02 BMO FINANCIAL GROUP 216327 02/10/25 - MEALT.ULLOA TRAINING Travel & Training 101-7003-60320 48.94 BMO FINANCIAL GROUP 216327 02/10/25 - MEALT.ULLOA TRAINING Travel & Training 101-7003-60320 41.69 BMO FINANCIAL GROUP 216327 COFFEE SUPPLIES Operating Supplies 101-7003-60420 39.47 BMO FINANCIAL GROUP 216327 COFFEE SUPPLIES Operating Supplies 101-7003-60420 24.27 BMO FINANCIAL GROUP 216327 02/06-02/07/25 - MEAL A.GUERRERO T... Travel & Training 101-1005-60320 17.13 BMO FINANCIAL GROUP 216327 02/06-02/07/25 - LODGING A.GUERRER... Travel & Training 101-1005-60320 403.32 BMO FINANCIAL GROUP 216327 02/06-02/07/25 - PARKING A.GUERRERO.. Travel & Training 101-1005-60320 15.00 BMO FINANCIAL GROUP 216327 IIMC CERTIFICATION MASTER MUNICIPA.. Membership Dues 101-1005-60351 360.00 BMO FINANCIAL GROUP 216327 2025 ARMA INTRNTL MEMBERSHIP M.R... Membership Dues 101-1005-60351 175.00 BMO FINANCIAL GROUP 216327 2025 ARMA INTRNTL MEMBERSHIP O.R... Membership Dues 101-1005-60351 175.00 BMO FINANCIAL GROUP 216327 2025 ARMA INTRNTL MEMBERSHIP 0.... Membership Dues 101-1005-60351 175.00 BMO FINANCIAL GROUP 216327 02/25/25-02/24/26 - PDF COMPRESSION Operating Supplies 101-1005-60420 108.00 BURRTEC WASTE & RECYCLI... 216332 2025 AMEX GOLF TOURNAMENT TRASH... Professional Services 101-1002-60103 19,059.96 CENTRAL COMMUNICATIONS 216334 03/2025 - STVR HOTLINE Professional Services 101-6004-60103 623.00 CHARTER COMMUNICATIONS.. 216335 02/24-03/23/25 - FS #93 CABLE (4001) Cable/Internet - Utilities 101-2002-61400 120.02 COACHELLA VALLEY WATER D.. 216336 WATER SERVICE Water -Pioneer Park - Utilities 101-3005-61207 429.83 CONVERGINTTECHNOLOGIES.. 216337 CITYWIDE CAMERA SYSTEM MAINTENA... Public Safety Camera System... 101-2001-60692 5,827.50 CONVERGINTTECHNOLOGIES.. 216337 09/2024 - CITYWIDE CAMERA SYSTEM ... Public Safety Camera System... 101-2001-60692 2,123.17 COUNTY OF RIVERSIDE PUBL... 216338 02/2025 - RADIO MAINTENANCE Operating Supplies 101-2001-60420 253.98 DATA TICKET, INC. 216339 12/2024 - POLICE CITATION PROCESSING Administrative Citation Servi... 101-6004-60111 150.00 DATA TICKET, INC. 216339 02/2025 - POLICE CITATION PROCESSING Administrative Citation Servi... 101-6004-60111 150.00 DEPARTMENT OF ANIMAL SE... 216340 01/2025 - ANIMAL SERVICES Animal Shelter Contract Servi... 101-6004-60197 25,765.14 DESERT SANDS UNIFIED SCH... 216343 11/14-12/11/24 - BP #6 SCHOOL RESOU... School Officer 101-2001-60168 10,682.12 DUNN-EDWARDS CORPORAT... 216344 PAINT Operating Supplies 101-7003-60420 69.05 FIRST CHOICE A/C & HEATING.. 216345 CH SERVER ROOM EVAPORATOR COIL R... HVAC 101-3008-60667 1,377.00 FREGOSO, JESUS H. 216346 2025 EMPLOYEE RECOGNITION EVENT... Employee Recognition Events 101-1004-60340 1,500.00 GRAHAM, MARCIE 216347 3/2-3/5/25 VISIT CA OUTLOOK FORUM ... Travel & Training 101-3007-60320 1,564.33 GRAINGER 216348 CONCRETE REPAIR COMPOUND & GRAT... Operating Supplies 101-7003-60420 1,003.06 GRAINGER 216348 MANHOLE COVER HOOKS Operating Supplies 101-7003-60420 203.31 IMPERIAL IRRIGATION DIST 216350 ELECTRICITY SERVICE Electricity- Utilities 101-2002-61101 1,282.30 IMPERIAL IRRIGATION DIST 216350 ELECTRICITY SERVICE Electric - Monticello Park - Uti.. 101-3005-61102 19.24 IMPERIAL IRRIGATION DIST 216350 ELECTRICITY SERVICE Electric - Civic Center Park - U.. 101-3005-61103 1,714.29 IMPERIAL IRRIGATION DIST 216350 ELECTRICITY SERVICE Electric - Sports Complex - Uti.. 101-3005-61106 4,988.29 IMPERIAL IRRIGATION DIST 216350 ELECTRICITY SERVICE Electric - Colonel Paige - Utilit.. 101-3005-61108 215.03 IMPERIAL IRRIGATION DIST 216350 ELECTRICITY SERVICE Electric - Community Park - U... 101-3005-61109 9,754.41 IMPERIAL IRRIGATION DIST 216350 ELECTRICITY SERVICE Electric - Adams Park - Utiliti... 101-3005-61110 67.34 3/24/2025 5:17:35 PM Page 2 of 9 198 Demand Register Packet: APPKT04103 - 03/14/2025 JIB Vendor Name Payment Number Description (Item) Account Name Account Number Amount IMPERIAL IRRIGATION DIST 216350 ELECTRICITY SERVICE Electric - Velasco Park - Utiliti... 101-3005-61111 21.02 IMPERIAL IRRIGATION DIST 216350 ELECTRICITY SERVICE Electric - Eisenhower Park- U... 101-3005-61113 24.92 IMPERIAL IRRIGATION DIST 216350 ELECTRICITY SERVICE Electric - Desert Pride - Utiliti... 101-3005-61114 19.42 IMPERIAL IRRIGATION DIST 216350 ELECTRICITY SERVICE Electricity- Utilities 101-3008-61101 14,323.05 INDUSTRIAL HEALTH MEDICA... 216351 12/10/24 - DMV DOT RECERTIFICATION Consultants/Employee Servic... 101-1004-60104 75.00 JOE ESPINOSA 216352 CONCERT LIABILITY INSURANCE FOR CH... Community Experiences 101-3003-60149 216.00 LOWE'S HOME IMPROVEME... 216354 STORAGE CONTAINERS Materials/Supplies 101-3005-60431 165.13 LOWE'S HOME IMPROVEME... 216354 HEX NUTS Materials/Supplies 101-3005-60431 6.18 LOWE'S HOME IMPROVEME... 216354 CARGO BAR Materials/Supplies 101-3005-60431 30.97 LOWE'S HOME IMPROVEME... 216354 SHELVING UNITS Materials/Supplies 101-3005-60431 985.45 LOWE'S HOME IMPROVEME... 216354 SPRAY PAINT & TRAILER LIGHT Materials/Supplies 101-3005-60431 63.43 LOWE'S HOME IMPROVEME... 216354 STORAGE CONTAINERS & DRILL BITS Tools/Equipment 101-3005-60432 131.01 LOWE'S HOME IMPROVEME... 216354 HEAT GUN & HANDHELD VACUUM Tools/Equipment 101-3005-60432 241.73 LOWE'S HOME IMPROVEME... 216354 HOSE BIBBS Materials/Supplies 101-3008-60431 38.98 LOWE'S HOME IMPROVEME... 216354 TUBE LIGHT BULBS Materials/Supplies 101-3008-60431 77.46 LOWE'S HOME IMPROVEME... 216354 WORK GLOVES Materials/Supplies 101-3008-60431 47.48 LOWE'S HOME IMPROVEME... 216354 TILE Materials/Supplies 101-3008-60431 10.31 LOWE'S HOME IMPROVEME... 216354 MATERIALS Materials/Supplies 101-3008-60431 140.08 LOWE'S HOME IMPROVEME... 216354 TILE Materials/Supplies 101-3008-60431 3.77 LOWE'S HOME IMPROVEME... 216354 FLOOR SCRAPERS Tools/Equipment 101-3008-60432 82.63 LOWE'S HOME IMPROVEME... 216354 ANCHORING ADHESIVE & EPDXY Operating Supplies 101-7003-60420 135.27 LOWE'S HOME IMPROVEME... 216354 SUPPLIES Operating Supplies 101-7003-60420 143.44 LOWE'S HOME IMPROVEME... 216354 SUPPLIES Operating Supplies 101-7003-60420 237.46 LOWE'S HOME IMPROVEME... 216354 HARDWARE Operating Supplies 101-7003-60420 128.26 LOWE'S HOME IMPROVEME... 216354 RECIPROCATING SAW BLADES Operating Supplies 101-7003-60420 33.04 LOWE'S HOME IMPROVEME... 216354 SMALL TOOLS Tools/Equipment 101-7003-60432 300.50 MERCHANTS BUILDINGMAI... 216356 02/2025- JANITORIAL SERVICES Janitorial 101-3008-60115 15,833.98 MISSION LINEN SUPPLY 216357 UNIFORM LAUNDRY SERVICE Uniforms 101-3005-60690 39.65 MISSION LINEN SUPPLY 216357 UNIFORM LAUNDRY SERVICE Uniforms 101-3008-60690 23.79 MISSION LINEN SUPPLY 216357 UNIFORM LAUNDRY SERVICE Uniforms 101-3005-60690 39.20 MISSION LINEN SUPPLY 216357 UNIFORM LAUNDRY SERVICE Uniforms 101-3008-60690 23.52 MISSION LINEN SUPPLY 216357 UNIFORM LAUNDRY SERVICE Uniforms 101-3005-60690 39.35 MISSION LINEN SUPPLY 216357 UNIFORM LAUNDRY SERVICE Uniforms 101-3008-60690 23.61 MISSION LINEN SUPPLY 216357 UNIFORM LAUNDRY SERVICE Uniforms 101-3005-60690 39.22 MISSION LINEN SUPPLY 216357 UNIFORM LAUNDRY SERVICE Uniforms 101-3008-60690 23.52 NI GOVERNMENT SERVICES I... 216359 02/2025 - SATELLITE PHONES Mobile/Cell Phones/Satellites 101-2002-61304 90.14 OCEAN SPRINGS TECH INC 216360 03/2025 - FB POOL MONTHLY MAINTEN... Fritz Burns Pool Maintenance 101-3005-60184 6,386.00 ODP BUSINESS SOLUTIONS, L... 216361 TISSUE BOXES Office Supplies 101-6004-60400 41.66 PLANIT REPROGRAPHICS SYS... 216362 VISITOR MEDIA ID BADGES Printing 101-3007-60410 79.19 PROPER SOLUTIONS INC 216364 02/28/25 - TEMP AGENCY SERVICES G.R... Temporary Agency Services 101-1004-60125 1,706.80 SOUTHWEST BOULDER & ST... 216367 CRUSHED ROCK GRAVEL PROGRAM Lot Cleaning/Gravel Program 101-6004-60120 923.59 SPRINGS AMBULANCE SERVI... 216368 1/13-1/19/25 AMR SERVICES FOR AMEX... Golf Tournament 101-2002-60525 45,644.00 SPRINGS AMBULANCE SERVI... 216368 1/13-1/18/25 AMR SERVICES FOR AMEX... Golf Tournament 101-2002-60525 20,184.00 STAPLES ADVANTAGE 216369 STAPLES & DISINFECTANT WIPES Office Supplies 101-6004-60400 55.84 STEVEN MONFORT STURGIS 216370 BAND PERFORMANCE AT CONCERTS AT ... Community Experiences 101-3003-60149 2,241.00 THE CHAMBER 216371 COACHELLA STATE OF CITY/BUSINESS ... Travel & Training 101-1001-60320 276.00 THE CHAMBER 216371 COACHELLA STATE OF CITY/BUSINESS ... Travel & Training 101-1002-60320 69.00 THE CHAMBER 216371 COACHELLA STATE OF CITY/BUSINESS ... Travel & Training 101-3007-60320 69.00 THE CHAMBER 216371 03/2025 - GEM PUBLICATION Marketing & Tourism Promot... 101-3007-60461 12,778.25 TOPS' N BARRICADES INC 216372 PARK SIGN Printing 101-6004-60410 42.41 UNITED CEREBRAL PALSY 216373 FY 24/25 COMMUNITY SERVICES GRANT Grants & Economic Develop... 101-3001-60510 500.00 WHITE CAP, L.P. 216377 EPDXY GUN Tools/Equipment 101-7003-60432 306.65 Fund 101- GENERAL FUND Total: 231,646.41 Fund: 201 - GAS TAX FUND MARTIN MARIETTA 216355 ASPHALT Asphalt 201-7003-60430 381.27 MISSION LINEN SUPPLY 216357 UNIFORM LAUNDRY SERVICE Uniforms 201-7003-60690 47.52 MISSION LINEN SUPPLY 216357 UNIFORM LAUNDRY SERVICE Uniforms 201-7003-60690 47.09 MISSION LINEN SUPPLY 216357 UNIFORM LAUNDRY SERVICE Uniforms 201-7003-60690 47.23 MISSION LINEN SUPPLY 216357 UNIFORM LAUNDRY SERVICE Uniforms 201-7003-60690 47.07 TOPS' N BARRICADES INC 216372 TRAFFIC SIGN Traffic Control Signs 201-7003-60429 242.51 3/24/2025 5:17:35 PM Page 3 of 9 199 Demand Register Packet: APPKT04103 - 03/14/2025 JIB Vendor Name Payment Number Description (Item) Account Name Account Number Amount WHITE CAP, L.P. 216377 SAFETY GEAR Safety Gear 201-7003-60427 163.10 Fund 201 - GAS TAX FUND Total: 975.79 Fund: 202 - LIBRARY & MUSEUM FUND BMO FINANCIAL GROUP 216327 LATICRETE STRATA MAT FOR LIBRARY Maintenance/Services 202-3004-60691 103.30 BMO FINANCIAL GROUP 216327 HYDRO BAN FOR LIBRARY Maintenance/Services 202-3004-60691 417.60 MERCHANTS BUILDING MAI ... 216356 02/2025 -JANITORIAL SERVICES Janitorial 202-3004-60115 3,264.32 MERCHANTS BUILDING MAI ... 216356 02/2025 -JANITORIAL SERVICES Janitorial 202-3006-60115 989.54 Fund 202 - LIBRARY & MUSEUM FUND Total: 4,774.76 Fund: 215 - LIGHTING & LANDSCAPING FUND BMO FINANCIAL GROUP 216327 SUNSCREEN LOTION Safety Gear 215-7004-60427 BMO FINANCIAL GROUP 216327 UNIFORMS Uniforms 215-7004-60690 COACHELLA VALLEY WATER D.. 216336 WATER SERVICE Water - Medians - Utilities 215-7004-61211 DESERT CONCEPTS CONSTR... 216342 02/24-02/28/25 - PLANT REPLACEMENT... Maintenance/Services 215-7004-60691 IMPERIAL IRRIGATION DIST 216350 ELECTRICITY SERVICE Electric - Utilities 215-7004-61116 IMPERIAL IRRIGATION DIST 216350 ELECTRICITY SERVICE Electric - Medians - Utilities 215-7004-61117 IMPERIAL IRRIGATION DIST 216350 ELECTRICITY SERVICE Electric - Utilities 215-7004-61116 LOWE'S HOME IMPROVEME... 216354 ABRASIVE WHEELS Tools/Equipment 215-7004-60432 RED TERRA NURSERY, LLC 216365 PLANTS Materials/Supplies 215-7004-60431 Fund 215 - LIGHTING & LANDSCAPING FUND Total: Fund: 221 - AB 939 - CALRECYCLE FUND ALPHA MEDIA LLC 216323 02/2025 - RECYCLING DIGITAL ADS AB 939 Recycling Solutions 221-0000-60127 ALPHA MEDIA LLC 216323 02/2025 - RECYCLING RADIO ADS MIX 1... AB 939 Recycling Solutions 221-0000-60127 BMO FINANCIAL GROUP 216327 03/05/25 - SB 1383 FOOD RECOVERY EV... AB 939 Recycling Solutions 221-0000-60127 BMO FINANCIAL GROUP 216327 03/05/25 - SB 1383 FOOD RECOVERY EV... AB 939 Recycling Solutions 221-0000-60127 BMO FINANCIAL GROUP 216327 CRRA REGULAR MEMBERSHIP A.MORE... AB 939 Recycling Solutions 221-0000-60127 BMO FINANCIAL GROUP 216327 CRRA NONPROFIT MEMBERSHIP A.MOR... AB 939 Recycling Solutions 221-0000-60127 BMO FINANCIAL GROUP 216327 03/05/25 - SB 1383 FOOD RECOVERY EV... AB 939 Recycling Solutions 221-0000-60127 BMO FINANCIAL GROUP 216327 03/05/25 - SB 1383 FOOD RECOVERY EV... AB 939 Recycling Solutions 221-0000-60127 BMO FINANCIAL GROUP 216327 CRRA REGULAR MEMBERSHIP A.MORE... AB 939 Recycling Solutions 221-0000-60127 BMO FINANCIAL GROUP 216327 CRRA NONPROFIT MEMBERSHIP A.MOR... AB 939 Recycling Solutions 221-0000-60127 BMO FINANCIAL GROUP 216327 CRRA NONPROFIT MEMBERSHIP R.CAM... AB 939 Recycling Solutions 221-0000-60127 BMO FINANCIAL GROUP 216327 CRRA NONPROFIT MEMBERSHIP R.CAM... AB 939 Recycling Solutions 221-0000-60127 BMO FINANCIAL GROUP 216327 CRRA REGULAR MEMBERSHIP R.CAMAR... AB 939 Recycling Solutions 221-0000-60127 BMO FINANCIAL GROUP 216327 CRRA REGULAR MEMBERSHIP R.CAMAR... AB 939 Recycling Solutions 221-0000-60127 THE CHAMBER 216371 03/2025 - RECYCLING GEM PUBLICATION AB 939 Recycling Solutions 221-0000-60127 Fund 221 - AB 939 - CALRECYCLE FUND Total: Fund: 241 - HOUSING AUTHORITY BMO FINANCIAL GROUP 216327 CHAIR SUPPORT PILLOWS Operating Supplies 241-9101-60420 BMO FINANCIAL GROUP 216327 OFFICE CHAIR & OFFICE SUPPLIES Operating Supplies 241-9101-60420 CAHA, BECKY 216333 02/2025 - HOUSING CONSULTANT SERV... Professional Services 241-9101-60103 Fund 241 - HOUSING AUTHORITY Total: Fund: 247 - ECONOMIC DEVELOPMENT FUND BMO FINANCIAL GROUP 216327 MEALS FOR MARKETING VIDEO Marketing & Tourism Promot.., 247-0000-60461 BMO FINANCIAL GROUP 216327 FOOD FOR MARKETING VIDEOS Marketing & Tourism Promot.., 247-0000-60461 BMO FINANCIAL GROUP 216327 FOOD FOR MARKETING VIDEOS Marketing & Tourism Promot.., 247-0000-60461 BMO FINANCIAL GROUP 216327 FOOD FOR MARKETING VIDEOS Marketing & Tourism Promot.., 247-0000-60461 Fund 247 - ECONOMIC DEVELOPMENT FUND Total: Fund: 270 - ART IN PUBLIC PLACES FUND BMO FINANCIAL GROUP 216327 Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS ALL AMERICAN ASPHALT 216322 BENGAL ENGINEERING INC 216326 JOHN R BYERLY, INC. 216353 PLANT REPROGRAPHICS SYS... 216362 VINTAGE ASSOCIATES 216374 98.79 310.09 618.63 4,320.00 4,193.53 2,172.84 1,050.20 54.73 1,587.75 14,406.56 1,500.00 3,500.00 810.00 810.00 100.00 100.00 -810.00 -810.00 -100.00 -100.00 -100.00 100.00 -100.00 100.00 2,000.00 7,000.00 31.53 443.98 12,487.50 12,963.01 96.20 28.23 150.71 54.90 330.04 LQAC APP PURCHASE Art Purchases 270-0000-74800 6,000.00 Fund 270 - ART IN PUBLIC PLACES FUND Total: 6,000.00 PMP SLURRY SEAL IMPROVEMENTS RET... Retention Payable 401-0000-20600 92,840.94 01/2025 DUNE PALMS BRIDGE LOW WA... Design 401-0000-60185 2,849.71 SPORTS COMPLEX LIGHT INSPECTION TE... Technical 401-0000-60108 5,000.00 HWY 111 PAVEMENT REHAB BID ADS Construction 401-0000-60188 37.82 02/2025 FLAGGED HAND DIGGING ATJE... Design 401-0000-60185 8,010.00 Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total: 108,738.47 3/24/2025 5:17:35 PM 200 Page 4 of 9 Demand Register Packet: APPKT04103 - 03/14/2025 JB Vendor Name Payment Number Description (Item) Account Name Account Number Amount Fund: 501 - FACILITY & FLEET REPLACEMENT BMO FINANCIAL GROUP 216327 FUEL Fuel & Oil 501-0000-60674 66.61 BMO FINANCIAL GROUP 216327 FUEL Fuel & Oil 501-0000-60674 60.05 BMO FINANCIAL GROUP 216327 FUEL Fuel & Oil 501-0000-60674 62.88 BMO FINANCIAL GROUP 216327 FUEL Fuel & Oil 501-0000-60674 100.00 BMO FINANCIAL GROUP 216327 FUEL Fuel & Oil 501-0000-60674 86.30 BMO FINANCIAL GROUP 216327 FUEL Fuel & Oil 501-0000-60674 57.02 BMO FINANCIAL GROUP 216327 FUEL Fuel & Oil 501-0000-60674 64.00 BMO FINANCIAL GROUP 216327 FUEL Fuel & Oil 501-0000-60674 76.53 BMO FINANCIAL GROUP 216327 FUEL Fuel & Oil 501-0000-60674 -19.00 BMO FINANCIAL GROUP 216327 FUEL Fuel & Oil 501-0000-60674 100.00 BMO FINANCIAL GROUP 216327 FUEL Fuel & Oil 501-0000-60674 150.00 BMO FINANCIAL GROUP 216327 FUEL Fuel & Oil 501-0000-60674 180.00 BMO FINANCIAL GROUP 216327 FUEL Fuel & Oil 501-0000-60674 100.00 BMO FINANCIAL GROUP 216327 FUEL Fuel & Oil 501-0000-60674 120.00 BMO FINANCIAL GROUP 216327 FUEL Fuel & Oil 501-0000-60674 220.00 BMO FINANCIAL GROUP 216327 FUEL Fuel & Oil 501-0000-60674 50.00 BMO FINANCIAL GROUP 216327 FUEL Fuel & Oil 501-0000-60674 74.47 BMO FINANCIAL GROUP 216327 FUEL Fuel & Oil 501-0000-60674 136.12 BMO FINANCIAL GROUP 216327 FUEL Fuel & Oil 501-0000-60674 175.00 DESERT BUSINESS INTERIORS 216341 WEST CONF & CAUCUS ROOM CHAIRS R... Furniture 501-0000-71020 10,130.50 HILARIO, BENJAMIN 216349 VEHICLE WASHES Vehicle Repair & Maintenan... 501-0000-60676 545.00 MYFLEETCENTER 216358 2023 CHEVY SILVERADO VIN F115569 OI... Vehicle Repair & Maintenan... 501-0000-60676 144.25 MYFLEETCENTER 216358 2023 CHEVY SILVERADO VIN F119300 OI... Vehicle Repair & Maintenan... 501-0000-60676 144.25 POWERPLAN BF 216363 UTILITY VEHICLE REPAIRS Vehicle Repair & Maintenan... 501-0000-60676 1,859.41 S&D CARWASH MANAGEME... 216366 02/2025 - CAR WASH MEMBERSHIP Vehicle Repair & Maintenan... 501-0000-60676 779.61 TOPS' N BARRICADES INC 216372 SAFETY LIGHTS Parts, Accessories, and Upfits 501-0000-60675 1,954.03 VINTAGE E & S INC 216375 CITYWIDE EV CHARGERS INSTALLATION City Bldg Repl/Repair 501-0000-71103 46,365.96 VINTAGE E & S INC 216375 EV CHARGING STATIONS City Bldg Repl/Repair 501-0000-71103 -43,365.96 Fund 501 - FACILITY & FLEET REPLACEMENT Total: 20,417.03 Fund: 502 - INFORMATION TECHNOLOGY ANDERSON COMMUNICATI... 216324 STREETS DIGITAL RENTAL RADIO/ REPEA... Cell/Mobile Phones 502-0000-61301 136.00 BMO FINANCIAL GROUP 216327 02/2025 - EMAIL PROTECTION SOFTWA... Software Licenses 502-0000-60301 499.00 BMO FINANCIAL GROUP 216327 03/2025 - MOBILE SERVICE MANAGEM... Software Licenses 502-0000-60301 324.00 BMO FINANCIAL GROUP 216327 FIBER PATCH CABLES Operating Supplies 502-0000-60420 20.66 BMO FINANCIAL GROUP 216327 VEHICLE ADAPTER PLUG OUTLET Operating Supplies 502-0000-60420 69.52 BMO FINANCIAL GROUP 216327 IT ITEMS FOR STOCK Operating Supplies 502-0000-60420 723.28 BMO FINANCIAL GROUP 216327 MACBOOOK CASE J.PENA Operating Supplies 502-0000-60420 29.34 BMO FINANCIAL GROUP 216327 CAMERA CABLES & PRIVACY SCREEN Operating Supplies 502-0000-60420 53.48 BMO FINANCIAL GROUP 216327 KEYBOARD COMBOS FOR IT STOCK Operating Supplies 502-0000-60420 71.76 BMO FINANCIAL GROUP 216327 VEHICLE ADAPTER PLUG OUTLET Operating Supplies 502-0000-60420 17.38 BMO FINANCIAL GROUP 216327 PRINTER INK Operating Supplies 502-0000-60420 40.23 BMO FINANCIAL GROUP 216327 PRINTER Machinery & Equipment 502-0000-80100 65.24 BMO FINANCIAL GROUP 216327 3 DOCKING STATIONS STOCK & D.KINLEY Machinery & Equipment 502-0000-80100 1,248.43 VISUAL EDGE IT, INC. 216376 PRINTER 5 YEAR CAREPACK SERIAL # CIN Copiers 502-0000-60662 887.36 VISUAL EDGE IT, INC. 216376 PRINTER Machinery & Equipment 502-0000-80100 1,291.95 VISUAL EDGE IT, INC. 216376 2/12-5/11/25 PRINTERS 11/12/24-2/11/... Copiers 502-0000-60662 130.61 VISUAL EDGE IT, INC. 216376 2/26-5/25/25 PRINTERS 11/26/24-2/25/... Copiers 502-0000-60662 2,340.76 Fund 502 - INFORMATION TECHNOLOGY Total: 7,949.00 Fund: 503 - PARK EQUIP & FACILITY FUND BELSON OUTDOORS LLC 216325 PARK BIKE REPAIR STATION Parks 503-0000-71060 2,426.02 BELSON OUTDOORS LLC 216325 PARK TRASH RECEPTACLE, LINERS, TOP L.. Parks 503-0000-71060 1,673.70 Fund 503 - PARK EQUIP & FACILITY FUND Total: 4,099.72 Fund: 504 - INSURANCE FUND BMO FINANCIAL GROUP 216327 CITY FLEET VEHICLE FIRST AID KIT REST... Operating Supplies 504-1010-60420 190.00 BMO FINANCIAL GROUP 216327 FIRST AID SUPPLIES MOBILE Operating Supplies 504-1010-60420 35.56 BMO FINANCIAL GROUP 216327 FIRST AID SUPPLIES MOBILE Operating Supplies 504-1010-60420 267.49 3/24/2025 5:17:35 PM Page 5 of 9 201 Demand Register Vendor Name Payment Number Description (Item) BMO FINANCIAL GROUP 216327 FIRST AID SUPPLIES MOBILE Packet: APPKT04103-03/14/2025J6 Account Name Account Number Amount Operating Supplies 504-1010-60420 279.97 Fund 504 - INSURANCE FUND Total: 773.02 Grand Total: 420,073.81 3/24/2025 5:17:35 PM 202 Page 6 of 9 Demand Register Packet: APPKT04103 - 03/14/2025 JB Fund Summary Fund 101-GENERAL FUND 201 - GAS TAX FUND 202 - LIBRARY & MUSEUM FUND 215 - LIGHTING & LANDSCAPING FUND 221 - AB 939 - CALRECYCLE FUND 241 - HOUSING AUTHORITY 247 - ECONOMIC DEVELOPMENT FUND 270-ART IN PUBLIC PLACES FUND 401 - CAPITAL IMPROVEMENT PROGRAMS 501 - FACILITY & FLEET REPLACEMENT 502 - INFORMATION TECHNOLOGY 503 - PARK EQUIP & FACILITY FUND 504 - INSURANCE FUND Account Number 101-0000-20304 101-1001-60320 101-1002-60103 101-1002-60320 101-1004-60104 101-1004-60125 101-1004-60129 101-1004-60320 101-1004-60340 101-1004-60400 101-1005-60320 101-1005-60351 101-1005-60400 101-1005-60420 101-1007-60403 101-2001-60109 101-2001-60165 101-2001-60168 101-2001-60320 101-2001-60420 101-2001-60692 101-2002-60110 101-2002-60320 101-2002-60400 101-2002-60406 101-2002-60525 101-2002-61101 101-2002-61304 101-2002-61400 101-3001-60510 101-3002-60420 101-3003-60149 101-3005-60184 101-3005-60320 101-3005-60431 101-3005-60432 101-3005-60690 101-3005-61102 101-3005-61103 101-3005-61106 101-3005-61108 101-3005-61109 Grand Total: Account Summary Account Name Sales Taxes Payable Travel & Training Professional Services Travel & Training Consultants/Employee S... Temporary Agency Servi... Recruiting/Pre-Employm... Travel & Training Employee Recognition E... Office Supplies Travel & Training Membership Dues Office Supplies Operating Supplies Citywide Supplies LQ Police Volunteers Special Enforcement/City.. School Officer Travel & Training Operating Supplies Public Safety Camera Sys... Volunteers - Fire Travel & Training Office Supplies Disaster Prep Supplies Golf Tournament Electricity - Utilities Mobile/Cell Phones/Sate... Cable/Internet - Utilities Grants & Economic Deve... Operating Supplies Community Experiences Fritz Burns Pool Mainten... Travel & Training Materials/Supplies Tools/Equipment Uniforms Electric - Monticello Park.. Electric - Civic Center Pa... Electric - Sports Complex... Electric - Colonel Paige -... Electric - Community Par... Expense Amount 231,646.41 975.79 4,774.76 14,406.56 7,000.00 12,963.01 330.04 6,000.00 108,738.47 20,417.03 7,949.00 4,099.72 773.02 420,073.81 Expense Amount -89.16 1,306.68 19,059.96 224.83 75.00 1,706.80 100.00 1,350.76 1,600.00 23.90 435.45 885.00 154.36 108.00 165.57 271.08 993.78 10,682.12 1,352.55 253.98 7,950.67 668.89 63.41 68.38 740.52 65,828.00 1,282.30 90.14 120.02 500.00 886.47 3,721.73 6,386.00 28.52 1,251.16 372.74 157.42 19.24 1,714.29 4,988.29 215.03 9,754.41 3/24/2025 5:17:35 PM 203 Page 7 of 9 Demand Register Packet: APPKT04103 - 03/14/2025 JB Account Summary Account Number Account Name Expense Amount 101-3005-61110 Electric - Adams Park - Ut.. 67.34 101-3005-61111 Electric - Velasco Park - ... 21.02 101-3005-61113 Electric - Eisenhower Par... 24.92 101-3005-61114 Electric - Desert Pride - U.. 19.42 101-3005-61207 Water -Pioneer Park - Uti.. 429.83 101-3007-60137 Community Engagement 516.39 101-3007-60320 Travel & Training 1,831.85 101-3007-60351 Membership Dues 244.95 101-3007-60410 Printing 79.19 101-3007-60461 Marketing & Tourism Pr... 12,778.25 101-3008-60115 Janitorial 15,833.98 101-3008-60431 Materials/Supplies 403.13 101-3008-60432 Tools/Equipment 82.63 101-3008-60667 HVAC 1,377.00 101-3008-60690 Uniforms 94.44 101-3008-61101 Electricity -Utilities 14,323.05 101-6001-60320 Travel & Training 54.34 101-6001-60352 Subscriptions & Publicat... 147.15 101-6001-60400 Office Supplies 315.32 101-6002-60320 Travel & Training 50.25 101-6002-60352 Subscriptions & Publicat... 588.60 101-6004-60103 Professional Services 623.00 101-6004-60111 Administrative Citation ... 300.00 101-6004-60120 Lot Cleaning/Gravel Prog... 923.59 101-6004-60197 Animal Shelter Contract ... 25,765.14 101-6004-60400 Office Supplies 235.64 101-6004-60410 Printing 42.41 101-6004-60425 Supplies - Field 24.67 101-6006-60320 Travel & Training 28.52 101-6006-60420 Operating Supplies 347.99 101-7001-60320 Travel & Training 1,124.36 101-7002-60320 Travel & Training 813.36 101-7003-60320 Travel & Training 629.95 101-7003-60420 Operating Supplies 2,223.13 101-7003-60432 Tools/Equipment 1,715.25 101-7006-60320 Travel & Training 98.06 201-7003-60427 Safety Gear 163.10 201-7003-60429 Traffic Control Signs 242.51 201-7003-60430 Asphalt 381.27 201-7003-60690 Uniforms 188.91 202-3004-60115 Janitorial 3,264.32 202-3004-60691 Maintenance/Services 520.90 202-3006-60115 Janitorial 989.54 215-7004-60427 Safety Gear 98.79 215-7004-60431 Materials/Supplies 1,587.75 215-7004-60432 Tools/Equipment 54.73 215-7004-60690 Uniforms 310.09 215-7004-60691 Maintenance/Services 4,320.00 215-7004-61116 Electric - Utilities 5,243.73 215-7004-61117 Electric - Medians - Utilit... 2,172.84 215-7004-61211 Water - Medians - Utiliti... 618.63 221-0000-60127 AB 939 Recycling Solutio... 7,000.00 241-9101-60103 Professional Services 12,487.50 241-9101-60420 Operating Supplies 475.51 247-0000-60461 Marketing & Tourism Pr... 330.04 270-0000-74800 Art Purchases 6,000.00 401-0000-20600 Retention Payable 92,840.94 401-0000-60108 Technical 5,000.00 3/24/2025 5:17:35 PM 204 Page 8 of 9 Demand Register Packet: APPKT04103 - 03/14/2025 JB Account Summary Account Number Account Name Expense Amount 401-0000-60185 Design 10,859.71 401-0000-60188 Construction 37.82 501-0000-60674 Fuel & Oil 1,859.98 501-0000-60675 Parts, Accessories, and ... 1,954.03 501-0000-60676 Vehicle Repair & Maint... 3,472.52 501-0000-71020 Furniture 10,130.50 501-0000-71103 City Bldg Repl/Repair 3,000.00 502-0000-60301 Software Licenses 823.00 502-0000-60420 Operating Supplies 1,025.65 502-0000-60662 Copiers 3,358.73 502-0000-61301 Cell/Mobile Phones 136.00 502-0000-80100 Machinery & Equipment 2,605.62 503-0000-71060 Parks 4,099.72 504-1010-60420 Operating Supplies 773.02 Grand Total: 420,073.81 Project Account Summary Project Account Key Project Account Name Project Name Expense Amount **None** **None** **None** 213,388.53 111205D Design Expense Dune Palms Bridge Imp/BRLKS-5z 2,849.71 202204T Technical Expense Sports Complex Lighting Replacei 5,000.00 202225CT Construction Expense Highway 111 Rehabilitation Proje 37.82 202315RP Retention Payable FY22/23 Pavement Management 92,840.94 202328E Citywide Landscape Maintenance ... Citywide Landscape Maintenance 5,907.75 202415D Design Expense Citywide Irrigation Upgrade 8,010.00 AMEXFIRE Amex Gold Expense - Fire American Express Golf Tourname 65,828.00 AMEXWASTE Amex Golf Expense Waste Disposal American Express Golf Tourname 19,059.96 BANQUETE Entertainment Expenses Employee Recognition Event 1,600.00 CONCERTE Concert Expense Master Account for all SRR ConCe 2,457.00 CSA152E CSA 152 Expenses CSA 152 Project Tracking 1,206.37 EGGE La Quinta Egg Hunt Expense La Quinta Egg Hunt 684.73 IRONE Ironman Expense Ironman Event 580.00 STVRE Short Term Vacation Rental Expen... Short Term Vacation Rental Tracl 623.00 Grand Total: 420,073.81 *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. 3/24/2025 5:17:35 PM 205 Page 9 of 9 Demand Register Qru�c�� City of La Quinta Packet: APPKT04111 - 03/21/2025 JB Vendor Name Payment Number Description (Item) Account Name Account Number Amount Fund: 101-GENERAL FUND DELGADO AGUILERA, JOSE A 196 FY 24/25 WELLNESS DOLLARS REIMB 1.D... Annual Wellness Dollar Reim... 101-1004-50252 200.00 ELIZALDE, MANUEL 197 FY 24/25 ANNUAL WELLNESS DOLLARS ... Annual Wellness Dollar Reim... 101-1004-50252 141.36 FLORES, TAN IA 198 FALL 2024 TUITION REIMB T.FLORES Training & Education/MOU 101-1004-60322 1,110.76 JENSEN, SHARLA W 199 1 DAY SESSION CLASSES Instructors 101-3002-60107 96.00 JENSEN, SHARLA W 199 PERSONAL TRAINING 3 SESSIONS CLASS Instructors 101-3002-60107 264.00 JENSEN, SHARLA W 199 PERSONAL TRAINING 6 SESSIONS CLASS... Instructors 101-3002-60107 1,056.00 ZITA HARRISON 201 GENTLE YOGA TUESDAY CLASS Instructors 101-3002-60107 201.60 ZITA HARRISON 201 GENTLE YOGA TUESDAY DI CLASSES Instructors 101-3002-60107 115.50 ZITA HARRISON 201 GENTLE YOGA THURSDAY CLASS Instructors 101-3002-60107 201.60 ZITA HARRISON 201 GENTLE YOGA THURSDAY DI CLASSES Instructors 101-3002-60107 105.00 ALLEGION ACCESS TECHNOL... 216378 CH LOBBY DOORS REPAIRS Maintenance/Services 101-3008-60691 1,076.74 ALPHA CARD 216379 COLOR RIBBON Operating Supplies 101-3002-60420 580.66 ALTEC 216380 20241099 TAX FORMS (300) Printing 101-1006-60410 122.85 ALTEC 216380 20241095C TAX FORMS (300) Printing 101-1006-60410 285.78 ALTEC 216380 2024 W-2 FORMS (300) Printing 101-1006-60410 219.85 ANSAFONE CONTACT CENTS... 216383 02/2025 & 03/2025 PM 10 ANSWERING... PM 10 - Dust Control 101-7006-60146 464.66 BUREAU VERITAS NORTH A... 216386 12/2024 - ONCALL BUILDING PLAN REVI... Plan Checks 101-6003-60118 13,877.54 BUREAU VERITAS NORTH A... 216386 01/2025 - ONCALL BUILDING PLAN REVI... Plan Checks 101-6003-60118 10,360.89 BURRTEC WASTE & RECYCLI... 216387 FY 24/25 PROPERTY TAX PAYMENT SS1 Due to Waste Management 101-0000-20307 4,189,928.47 BURRTEC WASTE & RECYCLI... 216387 FY 24/25 PROPERTY TAX PAYMENT SS1 Franchise Taxes - Burrtec 101-0000-41505 -417,623.51 CALIFORNIA BARRICADE, INC. 216388 02/2025 CONSTRUCTION BARRICADES ... Contingency for Operations 101-1002-60510 864.00 CALIFORNIA BARRICADE, INC. 216388 03/2025 CONSTRUCTION BARRICADES ... Contingency for Operations 101-1002-60510 864.00 CHRISTINA MCMAHON 216390 REFUND OVERPAYMENT CREDIT CARD F... Credit Card Fees 101-6001-60122 2.50 COUNTY OF RIVERSIDE 216394 10/01-12/31/24 - EMERGENCY SVCS CO... Fire Service Costs 101-2002-60139 11,250.00 DATA TICKET, INC. 216396 02/2025 - CODE CITATION PROCESSING Administrative Citation Servi... 101-6004-60111 200.00 DESERT CONCEPTS CONSTIR 216397 CIVIC CENTER CAMPUS LAKE PUMP ELE... Maintenance/Services 101-3005-60691 1,200.00 DESERT RECREATION DISTRI... 216398 02/2025 - FB POOL OPERATIONS & PRO... Fritz Burns Pool Programming 101-3003-60184 5,719.28 DESERT RESORT MANAGEM... 216399 02/2025 - SECURITY PATROL SERVICES Professional Services 101-6004-60103 4,018.43 DESERT RESORT MANAGEM... 216399 01/2025 - SECURITY PATROL SERVICES Professional Services 101-6004-60103 4,018.43 FRANCHISE TAX BOARD 216400 GARNISHMENT Garnishments Payable 101-0000-20985 224.39 FRONTIER COMMUNICATIO... 216401 02/26-03/25/25 - POLICE INTERNET Cable/Internet - Utilities 101-2001-61400 535.68 FRONTIER COMMUNICATIO... 216401 02/28-03/27/25 - SPORTS COMPLEX PH... Telephone - Utilities 101-3005-61300 70.62 GALLS LLC 216402 COP UNIFORM SHIRT LQ Police Volunteers 101-2001-60109 38.00 GARDAWORLD 216403 03/2025 - ARMORED SVCS Professional Services 101-1006-60103 635.92 HEWETT, ATSUKO YAMANE 216406 TAI CHI YANG CLASS Instructors 101-3002-60107 268.80 HEWETT, ATSUKO YAMANE 216406 TAI CHI YANG DI CLASSES Instructors 101-3002-60107 42.00 HEWETT, ATSUKO YAMANE 216406 DEEP STRETCH CLASS Instructors 101-3002-60107 224.00 HEWETT, ATSUKO YAMANE 216406 DEEP STRETCH DI CLASSES Instructors 101-3002-60107 56.00 HINDERLITER DE LLAMAS & ... 216407 01/01-03/31/25 - AUDIT & SALES TAX C... Consultants 101-1006-60104 2,191.35 HINDERLITER DE LLAMAS & ... 216407 01/01-03/31/25 - TRANSCATION TAX C... Consultants 101-1006-60104 300.00 HOME DEPOT CREDIT SERVIC... 216408 LIGHT CONTROL SWITCH & WIRE LOCK P.. Fritz Burns Pool Maintenance 101-3005-60184 59.23 HOME DEPOT CREDIT SERVIC... 216408 SHOP TOWELS & GLOVES Materials/Supplies 101-3005-60431 110.48 HOME DEPOT CREDIT SERVIC... 216408 GRADE STAKES Materials/Supplies 101-3005-60431 131.17 HOME DEPOT CREDIT SERVIC... 216408 GRADE STAKES Materials/Supplies 101-3005-60431 55.22 HOME DEPOT CREDIT SERVIC... 216408 FIBER CEMENT SIDING & CAULK Materials/Supplies 101-3005-60431 44.02 HOME DEPOT CREDIT SERVIC... 216408 SPRAY PAINT Materials/Supplies 101-3005-60431 272.41 HOME DEPOT CREDIT SERVIC... 216408 MASKNG TAPE & WALL TEXTURE SPRAY Materials/Supplies 101-3008-60431 64.60 HOME DEPOT CREDIT SERVIC... 216408 DRAIN PARTS & FAUCET HARDWARE Materials/Supplies 101-3008-60431 31.50 HOME DEPOT CREDIT SERVIC... 216408 TILE MORTAR & TILE GROUT Materials/Supplies 101-3008-60431 255.26 HOME DEPOT CREDIT SERVIC... 216408 DUCT PIPES Materials/Supplies 101-3008-60431 35.70 HOME DEPOT CREDIT SERVIC... 216408 STEPLADDER Tools/Equipment 101-3008-60432 108.72 HOME DEPOT CREDIT SERVIC... 216408 CAULK GUN & CONSTRUCTION ADHESIVE Operating Supplies 101-7003-60420 65.14 HOME DEPOT CREDIT SERVIC... 216408 WASHERS Operating Supplies 101-7003-60420 86.13 3/24/2025 5:17:11 PM Page 1 of 7 206 Demand Register Packet: APPKT04111- 03/21/2025 JB Vendor Name Payment Number Description (Item) Account Name Account Number Amount HOME DEPOT CREDIT SERVIC... 216408 WASHERS Operating Supplies 101-7003-60420 64.60 HOME DEPOT CREDIT SERVIC... 216408 JOBSITE RADIO & COUNTERSINK BITS Operating Supplies 101-7003-60420 253.10 HOME DEPOT CREDIT SERVIC... 216408 BOLTS & WASHERS Operating Supplies 101-7003-60420 75.58 HOME DEPOT CREDIT SERVIC... 216408 POWER TOOL BATTERIES Tools/Equipment 101-7003-60432 539.20 HOME DEPOT CREDIT SERVIC... 216408 TOOLS Tools/Equipment 101-7003-60432 608.88 HOME DEPOT CREDIT SERVIC... 216408 TOOLS Tools/Equipment 101-7003-60432 1,470.48 HOME DEPOT CREDIT SERVIC... 216408 SOCKET SET & ADAPTER SET Tools/Equipment 101-7003-60432 50.44 JIM NUTTY 216409 REFUND OVERPAYMENT CREDIT CARD F... Credit Card Fees 101-6001-60122 11.45 JOHN SPINNER 216410 REFUND DISMISSED PARKING CITATION ... Administrative Citation Servi... 101-6004-60111 50.00 JOHNSTONE SUPPLY 216411 CITY BUILDINGS HVAC FILTERS HVAC 101-3008-60667 1,358.37 JOHNSTONE SUPPLY 216411 CITY BUILDINGS HVAC FILTERS HVAC 101-3008-60667 33.80 KILEY & ASSOCIATES 216412 02/2025 - FEDERAL LOBBYIST SERVICES Contract Services - Administr... 101-1002-60101 3,500.00 LA QUINTA HIGH SCHOOL 216413 FY 24/25 COMMUNITY SERVICE GRANT Grants & Economic Develop... 101-3001-60510 2,500.00 LH PRODUCTIONS 216414 11/11/24 - VETERAN'S DAY CELEBRATIO... Community Experiences 101-3003-60149 3,218.25 MICHAEL RICHARD 216415 REFUND DISMISSED PARKING CITATION ... Administrative Citation Servi... 101-6004-60111 25.00 MOBILE ZOO OF SOUTHERN ... 216416 PETTING ZOO FOR BDAY EVENT Community Experiences 101-3003-60149 1,399.00 MONICA WOODS 216417 REFUND DISMISSED PARKING CITATION ... Administrative Citation Servi... 101-6004-60111 41.00 MOON VALLEY NURSERY CO... 216418 TREE Materials/Supplies 101-3005-60431 538.75 MOYA, DANIEL 216419 CV LINK CLEAN UP Lot Cleaning/Gravel Program 101-6004-60120 300.00 NAI CONSULTING INC 216420 02/2025 CV LINK REVIEW Consultants 101-7006-60104 390.00 NAI CONSULTING INC 216420 02/2025 CAPITAL IMPROVEMENT PLAN Consultants 101-7006-60104 1,170.00 NOVAK, JAN 216421 PICKLEBALL 101 BEGINNER CLASS Instructors 101-3002-60107 448.00 NV5 216422 09/2024 - UTILITY UNDERGROUNDING ... Consultants 101-7006-60104 9,240.00 OCEAN SPRINGS TECH INC 216423 FB POOL SERVICE CALL Fritz Burns Pool Maintenance 101-3005-60184 687.50 PADRON CONSTRUCTION 216425 OVERPAYMENT REFUND BRES2024-0265 Over Payments, AR Policy 101-0000-20330 10.79 PROGRESSO ELECTRIC 216426 REFUND OVERPAYMENT CREDIT CARD F... Credit Card Fees 101-6001-60122 1.95 PROPER SOLUTIONS INC 216427 03/07/25 - TEMP AGENCY SERVICES G.R... Temporary Agency Services 101-1004-60125 1,024.08 QUADIENT FINANCE USA, INC. 216428 04/13-07/12/25 - CITYWIDE POSTAGE ... Postage Machine 101-1007-60661 2,855.35 RHYTHM TECH PRODUCTION... 216431 03/19/25 - THE CHICO BAND CONCERT ... Community Experiences 101-3003-60149 4,200.00 RHYTHM TECH PRODUCTION... 216431 03/22/25 - THE DOGS BAND CONCERT ... Community Experiences 101-3003-60149 4,200.00 RIVERSIDE ASSESSOR 216432 02/2025 - RECORDING FEES Technical 101-6004-60108 60.00 SHIRY, TERESA 216434 BALLROOM LATIN SWING DI CLASSES Instructors 101-3002-60107 52.50 SHIRY, TERESA 216434 BALLROOM LATIN SWING CLASS Instructors 101-3002-60107 26.25 SHIRY, TERESA 216434 BALLROOM LATIN SWING CLASSES Instructors 101-3002-60107 495.25 SHIRY, TERESA 216434 BALLROOM LATIN SWING DI CLASSES Instructors 101-3002-60107 304.50 SOUTHWEST BOULDER & ST... 216435 PLAYGROUND CHIPS Materials/Supplies 101-3005-60431 2,545.84 SOUTHWEST BOULDER & ST... 216435 ROCK FOR GRAVEL PROGRAM Lot Cleaning/Gravel Program 101-6004-60120 908.58 SUNLINE TRANSIT AGENCY 216437 02/2025 - SUNLINE PASSES Due to SunLine 101-0000-20305 181.00 SUNLINE TRANSIT AGENCY 216437 02/2025 - SUNLINE PASSES Miscellaneous Revenue 101-0000-42301 -11.75 SUSAN ALEXANDRA BRAUC... 216438 NIDRA MEDITATION AND SOUND CLASS... Instructors 101-3002-60107 84.00 TAQUIERA TEOTIHUACAN 216439 REFUND OVERPAYMENT CREDIT CARD F... Credit Card Fees 101-6001-60122 7.38 THE CONE ZONE 216440 SNOW CONES FOR BDAY EVENT BALAN... Community Experiences 101-3003-60149 2,446.88 THE LOCK SHOP, INC 216441 REPLACED DEADBOLT AT SPORTS COMP... Maintenance/Services 101-3008-60691 477.34 THE SHERWIN-WILLIAMS CO. 216442 PAINT Operating Supplies 101-7003-60420 549.08 T-MOBILE 216443 02/16-/03/14/25 - POLICE GPS LOCATE ... Special Enforcement Funds 101-2001-60175 115.00 TOTAL CARE WORK INJURY C... 216445 ANNUAL HEARING TEST Consultants/Employee Servic... 101-1004-60104 140.00 TPX COMMUNICATIONS 216446 02/23-03/22/25 - EOC PHONE SERVICE Telephone - Utilities 101-2002-61300 786.62 TRIPLETT, ALCADIA 216447 01/13-01/16/25 - CJPIA ACADEMY REIM... Travel & Training 101-1004-60320 180.93 TRIPLETT, ALCADIA 216447 02/23-02/26/25 PARMA CONFERENCE R... Travel & Training 101-1004-60320 459.41 UNITED WAY OF THE DESERT 216448 CONTRIBUTION United Way Deductions 101-0000-20981 108.00 USA DRAIN AND PLUMBING... 216449 LQ PARK TOILET REPAIRS Maintenance/Services 101-3008-60691 427.00 USA DRAIN AND PLUMBING... 216449 FS #93 SINK REPAIRS Maintenance/Services 101-2002-60691 625.00 VISIT GREATER PALM SPRINGS 216450 2025 RESTAURANT WEEK SPONSORSHIP Sponsorships/Advertising 101-3007-60450 5,000.00 WILLIAMS, BILLEE 216452 YOGA FLOW CLASS Instructors 101-3002-60107 12.60 WILLIAMS, BILLEE 216452 PILATES CLASSES Instructors 101-3002-60107 509.60 WILLIAMS, BILLEE 216452 MAT PILATES DI CLASSES Instructors 101-3002-60107 100.80 XPRESS GRAPHICS 216453 STVR ANNUAL POSTCARD Printing 101-1005-60410 7,554.31 Fund 101- GENERAL FUND Total: 3,901,240.42 Fund: 201 - GAS TAX FUND GRAINGER 216404 SAFETY VESTS Safety Gear 201-7003-60427 530.97 3/24/2025 5:17:11 PM Page 2 of 7 207 Demand Register Packet: APPKT04111 - 03/21/2025 JIB Vendor Name Payment Number Description (Item) Account Name Account Number Amount QUINN COMPANY ROAD SERVICES TOPS' N BARRICADES INC TOPS' N BARRICADES INC TOPS' N BARRICADES INC 216429 01/22/2025 - COMPACTOR RENTAL 216433 03/08-03/09/25-STREET SWEEPINGSV... 216444 SIGNS 216444 SIGN PARTS 216444 SIGN PARTS Fund: 202 - LIBRARY & MUSEUM FUND CINTAS FIRST AID & SAFETY 216391 CINTAS FIRST AID & SAFETY 216391 H&G HOME IMPROVEMENTS.. 216405 HOME DEPOT CREDIT SERVIC... 216408 Fund: 215 - LIGHTING & LANDSCAPING FUND AMERICAN TRAFFIC SAFETY ... 216382 CALIFORNIA DESERT NURSER... 216389 DESERT CONCEPTS CONSTR... 216397 DESERT CONCEPTS CONSTR... 216397 DESERT CONCEPTS CONSTR... 216397 DESERT CONCEPTS CONSTR... 216397 DESERT CONCEPTS CONSTR... 216397 RED TERRA NURSERY, LLC 216430 RED TERRA NURSERY, LLC 216430 WILLDAN FINANCIALSERVIC... 216451 Equipment Rental 201-7003-61701 786.52 Professional Services 201-7003-60103 2,340.00 Traffic Control Signs 201-7003-60429 140.72 Traffic Control Signs 201-7003-60429 124.63 Traffic Control Signs 201-7003-60429 285.80 Fund 201 - GAS TAX FUND Total: 4,208.64 LIBRARY FIRST AID SERVICES Operating Supplies 202-3004-60420 MUSEUM FIRST AID SERVICES Operating Supplies 202-3006-60420 LIBRARY LEAK REPAIRS Maintenance/Services 202-3004-60691 PADLOCKS Maintenance/Services 202-3006-60691 Fund 202 - LIBRARY & MUSEUM FUND Total: ATSSA MEMBERSHIP D.HANSEN Travel & Training 215-7004-60320 PLANTS Materials/Supplies 215-7004-60431 01/13-01/17/25 - PLANT REPLACEMENT Maintenance/Services 215-7004-60691 CALLE ESTADO WALL REPLACEMENT Maintenance/Services 215-7004-60691 AVE 52 TREE REMOVAL Maintenance/Services 215-7004-60691 03/04-03/7/25 - AVE 52 MEDIAN RESTO... Maintenance/Services 215-7004-60691 03/10-03/14/25 - AVE 52 RESTORATION Maintenance/Services 215-7004-60691 PLANTS Materials/Supplies 215-7004-60431 PLANTS Materials/Supplies 215-7004-60431 04/01-06/30/25 - L&LADMINISTRATION Administration 215-7004-60102 Fund 215 - LIGHTING & LANDSCAPING FUND Total: 34.76 74.11 4,950.00 35.84 5,094.71 450.00 161.62 6,480.00 18,750.00 2,200.00 7,200.00 5,760.00 2,262.00 3,072.19 3,508.34 49,844.15 Fund: 221 - AB 939 - CALRECYCLE FUND BURRTEC WASTE & RECYCLI... 216387 FY 24/25 PROPERTY TAX PAYMENT SS1 Burrtec AB 939 Fee 221-0000-41506 -13,693.37 Fund 221 - AB 939 - CALRECYCLE FUND Total: -13,693.37 Fund: 249 - SA 2011 LOW/MOD BOND FUND (Refinanced in 2016) BP DUNE PALMS, LP 216385 UTILITY IMPROVEMENTS MAP NO. 3866... Affordable Housing Project D... 249-0000-80050 207,003.00 Fund 249 - SA 2011 LOW/MOD BOND FUND (Refinanced in 2016) Total: 207,003.00 Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS AMERICAN BUSINESS BANK 216381 02/2025 DUNE PALMS BRIDGE RETENTI... Retention Payable 401-0000-20600 38,114.99 COACHELLA VALLEY WATER D.. 216393 FB PARK PHASE 1 MAIN IMPROVEMENTS.. Construction 401-0000-60188 379.00 COACHELLA VALLEY WATER D.. 216393 FB PARK PHASE 2 PARKING LOT LANDSC... Construction 401-0000-60188 379.00 COACHELLA VALLEY WATER D.. 216393 FB PARK POOL COMPLEX LANDSCAPE P... Construction 401-0000-60188 379.00 HOME DEPOT CREDIT SERVIC... 216408 CABLE TIES & JAW FLIER SET Construction 401-0000-60188 69.98 HOME DEPOT CREDIT SERVIC... 216408 TRAFFIC SUPPLIES Construction 401-0000-60188 64.00 NAI CONSULTING INC 216420 02/2025 VILLAGE ART/CULTURAL PLAZA Professional Services 401-0000-60103 822.50 NAI CONSULTING INC 216420 02/2025 COVE AREA SLURRY SEAL IMP... Professional Services 401-0000-60103 9,461.00 NAI CONSULTING INC 216420 02/2025 AVENUE 48 ART AND MUSIC L... Professional Services 401-0000-60103 437.50 NAI CONSULTING INC 216420 02/2025 - DUNE PALMS BRIDGE IMPRO... Professional Services 401-0000-60103 2,422.50 NAI CONSULTING INC 216420 02/2025 AVENUE 50 WIDENING IMPRO... Professional Services 401-0000-60103 242.50 NAI CONSULTING INC 216420 02/2025 WASHINGTONST SIDEWALK IM... Professional Services 401-0000-60103 390.00 NAI CONSULTING INC 216420 02/2025 HIGHWAY 111 REHAB Professional Services 401-0000-60103 2,766.00 NAI CONSULTING INC 216420 02/2025 MAINTENANCE AND OPERATI... Professional Services 401-0000-60103 875.00 NAI CONSULTING INC 216420 02/2025 BPMP BRIDGE PREVENTATIVE ... Professional Services 401-0000-60103 1,524.00 NAI CONSULTING INC 216420 02/2025 AVE 50 BRIDGE Professional Services 401-0000-60103 2,484.00 NAI CONSULTING INC 216420 02/2025 CITYWIDE ADA MISC IMPROV... Professional Services 401-0000-60103 8,515.00 NAI CONSULTING INC 216420 02/2025 WELCOME CENTER IMPROVE... Professional Services 401-0000-60103 1,170.00 NAI CONSULTING INC 216420 02/2025 AVE 58 PAVEMENT REHAB (JEF... Professional Services 401-0000-60103 485.00 NAI CONSULTING INC 216420 02/2025 AVE 50 SIDEWALK IMPROVEM... Professional Services 401-0000-60103 390.00 NAI CONSULTING INC 216420 02/2025 WASH STREET CONNECTOR AR... Professional Services 401-0000-60103 390.00 NAI CONSULTING INC 216420 02/2025 AVE 52 JEFFERSON ST ROUND... Professional Services 401-0000-60103 1,365.00 NAI CONSULTING INC 216420 02/2025 CIVIC CENTER CAMPUS LAKE/I... Professional Services 401-0000-60103 195.00 NAI CONSULTING INC 216420 02/2025 CITY HALL DRAINAGE IMPROV... Professional Services 401-0000-60103 1,755.00 NAI CONSULTING INC 216420 02/2025 FRITZ BURNS PARK IMPROVEM... Professional Services 401-0000-60103 2,730.00 NAI CONSULTING INC 216420 02/2025 HIGHWAY 111 CORRIDOR Professional Services 401-0000-60103 1,507.50 ORTIZ ENTERPRISES INC. 216424 02/2025 - DUNE PALMS BRIDGE PROGR... Retention Payable 401-0000-20600 -38,114.99 ORTIZ ENTERPRISES INC. 216424 02/2025 - DUNE PALMS BRIDGE PROGR... Construction 401-0000-60188 762,299.80 3/24/2025 5:17:11 PM 208 Page 3 of 7 Demand Register Packet: APPKT04111 - 03/21/2025 JIB Vendor Name Payment Number Description (Item) Account Name Account Number Amount ST. FRANCIS ELECTRIC, LLC 216436 02/2025 - ONCALL TRAFFIC SIGNAL MAI... Construction 401-0000-60188 1,770.00 Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total: 805,268.28 Fund: 501 - FACILITY & FLEET REPLACEMENT WEX BANK 200 01/26-02/25/25 - FUEL Fuel & Oil 501-0000-60674 5,967.03 AUTOZONE 216384 MOTOR OIL & FUNNEL Parts, Accessories, and Upfits 501-0000-60675 35.97 DANIEL'S TIRE SERVICE, INC. 216395 2022 FORD F450 VIN C35724 MAINTEN... Vehicle Repair & Maintenan... 501-0000-60676 398.89 DANIEL'S TIRE SERVICE, INC. 216395 TIRE REPAIR ON WATER TRUCK Vehicle Repair & Maintenan... 501-0000-60676 1,675.35 HOME DEPOT CREDIT SERVIC... 216408 KEY LOCK BOXES Parts, Accessories, and Upfits 501-0000-60675 105.42 QUINN COMPANY 216429 BACKHOE REPAIRS Vehicle Repair & Maintenan... 501-0000-60676 178.76 Fund 501 - FACILITY & FLEET REPLACEMENT Total: 8,361.42 Fund: 502 - INFORMATION TECHNOLOGY CLEARGOV INC. 216392 FY 24/25 PERSONNEL BUDGETING SOF... Software Licenses 502-0000-60301 4,746.67 FRONTIER COMMUNICATIO... 216401 02/25-03/24/25 - CH INTERNET Cable/Internet - Utilities 502-0000-61400 132.13 FRONTIER COMMUNICATIO... 216401 02/27-03/26/25 - BLACKHAWK/LQ PARK... Cable/Internet - Utilities 502-0000-61400 130.62 TPX COMMUNICATIONS 216446 02/23-03/22/25 - PHONE SERVICE Telephone - Utilities 502-0000-61300 3,055.22 Fund 502 - INFORMATION TECHNOLOGY Total: 8,064.64 Fund: 504 - INSURANCE FUND CINTAS FIRST AID & SAFETY 216391 FB POOL FIRST AID SERVICES Operating Supplies 504-1010-60420 33.28 CINTAS FIRST AID & SAFETY 216391 LANDSCAPE MAINT FIRST AID SERVICES Operating Supplies 504-1010-60420 42.15 CINTAS FIRST AID & SAFETY 216391 PW YARD FIRST AID SERVICES Operating Supplies 504-1010-60420 56.78 CINTAS FIRST AID & SAFETY 216391 WC FIRST AID SERVICES Operating Supplies 504-1010-60420 39.56 CINTAS FIRST AID & SAFETY 216391 CH FIRST AID SERVICES Operating Supplies 504-1010-60420 151.26 Fund 504 - INSURANCE FUND Total: 323.03 Fund: 601 - SILVERROCK RESORT GARDAWORLD 216403 03/2025 - SRR ARMORED SVCS Bank Fees 601-0000-60455 702.63 GARDAWORLD 216403 02/2025 - SRR ARMORED SVC EXCESS IT... Bank Fees 601-0000-60455 36.40 GARDAWORLD 216403 02/2025 - SRR EXCHANGE SVCS Bank Fees 601-0000-60455 273.87 HOME DEPOT CREDIT SERVIC... 216408 PRESSURE WASHER Repair & Maintenance 601-0000-60660 977.66 Fund 601 - SILVERROCK RESORT Total: 1,990.56 Grand Total: 4,977,705.48 3/24/2025 5:17:11 PM 209 Page 4 of 7 Demand Register Packet: APPKT04111 - 03/21/2025 JB Fund Summary Fund 101-GENERAL FUND 201 - GAS TAX FUND 202 - LIBRARY & MUSEUM FUND 215 - LIGHTING & LANDSCAPING FUND 221 - AB 939 - CALRECYCLE FUND 249 - SA 2011 LOW/MOD BOND FUND (Refinanced in 20... 401 - CAPITAL IMPROVEMENT PROGRAMS 501 - FACILITY & FLEET REPLACEMENT 502 - INFORMATION TECHNOLOGY 504-INSURANCE FUND 601 - SILVERROCK RESORT Account Number 101-0000-20305 101-0000-20307 101-0000-20330 101-0000-20981 101-0000-20985 101-0000-41505 101-0000-42301 101-1002-60101 101-1002-60510 101-1004-50252 101-1004-60104 101-1004-60125 101-1004-60320 101-1004-60322 101-1005-60410 101-1006-60103 101-1006-60104 101-1006-60410 101-1007-60661 101-2001-60109 101-2001-60175 101-2001-61400 101-2002-60139 101-2002-60691 101-2002-61300 101-3001-60510 101-3002-60107 101-3002-60420 101-3003-60149 101-3003-60184 101-3005-60184 101-3005-60431 101-3005-60691 101-3005-61300 101-3007-60450 101-3008-60431 101-3008-60432 101-3008-60667 101-3008-60691 101-6001-60122 101-6003-60118 101-6004-60103 101-6004-60108 101-6004-60111 Grand Total: Account Summary Account Name Due to SunLine Due to Waste Managem... Over Payments, AR Policy United Way Deductions Garnishments Payable Franchise Taxes - Burrtec Miscellaneous Revenue Contract Services - Admi... Contingency for Operati... Annual Wellness Dollar... Consultants/Employee S... Temporary Agency Servi... Travel & Training Training & Education/M... Printing Professional Services Consultants Printing Postage Machine LQ Police Volunteers Special Enforcement Fu... Cable/Internet - Utilities Fire Service Costs Maintenance/Services Telephone - Utilities Grants & Economic Deve... Instructors Operating Supplies Community Experiences Fritz Burns Pool Progra... Fritz Burns Pool Mainten... Materials/Supplies Maintenance/Services Telephone - Utilities Sponsorships/Advertising Materials/Supplies Tools/Equipment HVAC Maintenance/Services Credit Card Fees Plan Checks Professional Services Technical Administrative Citation ... Expense Amount 3,901,240.42 4,208.64 5,094.71 49,844.15 -13,693.37 207,003.00 805,268.28 8,361.42 8,064.64 323.03 1,990.56 4,977,705.48 Expense Amount 181.00 4,189,928.47 10.79 108.00 224.39 -417,623.51 -11.75 3,500.00 1,728.00 341.36 140.00 1,024.08 640.34 1,110.76 7,554.31 635.92 2,491.35 628.48 2,855.35 38.00 115.00 535.68 11,250.00 625.00 786.62 2,500.00 4,664.00 580.66 15,464.13 5,719.28 746.73 3,697.89 1,200.00 70.62 5,000.00 387.06 108.72 1,392.17 1,981.08 23.28 24,238.43 8,036.86 60.00 316.00 3/24/2025 5:17:11 PM 210 Page 5 of 7 Demand Register Packet: APPKT04111 - 03/21/2025 JB Account Summary Account Number Account Name Expense Amount 101-6004-60120 Lot Cleaning/Gravel Prog... 1,208.58 101-7003-60420 Operating Supplies 1,093.63 101-7003-60432 Tools/Equipment 2,669.00 101-7006-60104 Consultants 10,800.00 101-7006-60146 PM 10 - Dust Control 464.66 201-7003-60103 Professional Services 2,340.00 201-7003-60427 Safety Gear 530.97 201-7003-60429 Traffic Control Signs 551.15 201-7003-61701 Equipment Rental 786.52 202-3004-60420 Operating Supplies 34.76 202-3004-60691 Maintenance/Services 4,950.00 202-3006-60420 Operating Supplies 74.11 202-3006-60691 Maintenance/Services 35.84 215-7004-60102 Administration 3,508.34 215-7004-60320 Travel & Training 450.00 215-7004-60431 Materials/Supplies 5,495.81 215-7004-60691 Maintenance/Services 40,390.00 221-0000-41506 Burrtec AB 939 Fee -13,693.37 249-0000-80050 Affordable Housing Proj... 207,003.00 401-0000-20600 Retention Payable 0.00 401-0000-60103 Professional Services 39,927.50 401-0000-60188 Construction 765,340.78 501-0000-60674 Fuel & Oil 5,967.03 501-0000-60675 Parts, Accessories, and ... 141.39 501-0000-60676 Vehicle Repair & Maint... 2,253.00 502-0000-60301 Software Licenses 4,746.67 502-0000-61300 Telephone - Utilities 3,055.22 502-0000-61400 Cable/Internet - Utilities 262.75 504-1010-60420 Operating Supplies 323.03 601-0000-60455 Bank Fees 1,012.90 601-0000-60660 Repair & Maintenance 977.66 Grand Total: 4,977,705.48 Project Account Summary Project Account Key Project Account Name Project Name Expense Amount **None** **None** **None** 4,089,689.34 111205CT Construction Expense Dune Palms Bridge Imp/BRLKS-52 762,299.80 111205P Professional Expense Dune Palms Bridge Imp/BRLKS-52 2,422.50 111205RP Retention Payable Dune Palms Bridge Imp/BRLKS-52 0.00 201606P Professional Expense Civic Center Campus Lake/Irrigati 195.00 201804E Landscape & Lighting Median Islan... Landscape & Lighting Median Isla 5,334.19 201805P Professional Expense Corporate Yard Admin Offices & 1 875.00 201901P Professional Expense Village Art Plaza Promenade & Ci 822.50 201902P Professional Expense Avenue 50 Bridge Spanning the E 2,484.00 201905P Professional Expense Highway 111 Corridor Area Plan 1 1,507.50 202008P Professional Expense Avenue 48 Art and Music Line Pr( 437.50 202102CT Construction Expense Fritz Burns Park Improvements 1,137.00 202102P Professional Expense Fritz Burns Park Improvements 2,730.00 202205P Professional Expense Avenue 50 Widening Improveme 242.50 202216E General PW Maint - Desert Concep.. General PW Maintenance - Desei 19,950.00 202225P Professional Expense Highway 111 Rehabilitation Proje 2,766.00 202301P Professional Expense Miles Avenue Pavement Rehab 485.00 202303P Professional Expense Washington St Sidewalk Imp (Ave 390.00 202309P Professional Expense Washington Street Connector to 390.00 202328E Citywide Landscape Maintenance ... Citywide Landscape Maintenance 21,640.00 202330E Park Landscape Maintenance Servi... Park Landscape Maintenance Ser 700.37 202333P Professional Expense Bridge Preventative Maint Progra 1,524.00 202401P Professional Expense Avenue 50 Sidewalk Imp (Wash S 390.00 3/24/2025 5:17:11 PM 211 Page 6 of 7 Demand Register Packet: APPKT04111 - 03/21/2025 JB Project Account Key 202403P 202404P 202405P 202409P 202410P 2425TMICT BDAYE CONCERTE CSA152E SRRLQE STVRE VETSE Project Account Summary Project Account Name Professional Expense Professional Expense Professional Expense Professional Expense Professional Expense Construction Expense City Picnic & Birthday Celebration ... Concert Expense CSA 152 Expenses SRR Development City Expense Short Term Vacation Rental Expen... Veterans Day Ceremony Expense Grand Total: Project Name Cove Area Slurry Seal Improveme City Hall Drainage Improvements Citywide Miscellaneous ADA Imp Welcome Center Improvements Aveue 52 at Jefferson Street Roui FY24/25 Traffic Maintenance Imr City Picnic & Birthday Celebratior Master Account for all SRR ConCE CSA 152 Project Tracking SilverRock Development City Exp Short Term Vacation Rental Tracl Veterans Day Ceremony 4,977,705.48 Expense Amount 9,461.00 1,755.00 8,515.00 1,170.00 1,365.00 1,903.98 3,845.88 8,400.00 2,340.00 1,728.00 15,591.17 3,218.25 *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. 3/24/2025 5:17:11 PM 212 Page 7 of 7 ATTACHMENT 2 City of La Quinta Bank Transactions 03/10/2025-03/21/2025 Wire Transaction Listed below are the wire transfers from 03/10/2025-03/21 /2025. Wire Transfers: 03/12/2025 - WIRE TRANSFER - J&H ASSET PROPERTY MANAGEMENT, INC. 03/14/2025 - WIRE TRANSFER - CALPERS 03/14/2025 - WIRE TRANSFER - CALPERS 03/14/2025 - WIRE TRANSFER - CALPERS 03/14/2025 - WIRE TRANSFER - LQCEA 03/14/2025 - WIRE TRANSFER - MISSION SQUARE 03/14/2025 - WIRE TRANSFER - MISSION SQUARE 03/14/2025 - WIRE TRANSFER - SILVERROCK PHASE 1 LLC(1) 03/17/2025 - WIRE TRANSFER - U.S. BANK 03/18/2025 - WIRE TRANSFER - STERLING 03/19/2025 -WIRE TRANSFER - LANDMARK 03/21/2025 -WIRE TRANSFER - MIDAMERICA TOTAL WIRE TRANSFERS OUT $39,154.96 $7,121.29 $15,610.53 $36,184.71 $572.00 $4,055.00 $15,661.26 $484,907.57 $5,000,000.00 $1,608.25 $220,383.84 $20,650.74 $5,845,910.15 (1)These funds represent a loan under the Debtor -in -Possession (DIP) financing. This disbursement does not reflect the City financing of construction or development at SilverRock. 213 214 BUSINESS SESSION ITEM NO. 1 City of La Quinta CITY COUNCIL MEETING: April 1, 2025 STAFF REPORT AGENDA TITLE: RECEIVE AND FILE FISCAL YEAR 2024/25 BUDGET UPDATE REPORT, APPROVE THE RECOMMENDED BUDGET ADJUSTMENTS, ADOPT RESOLUTION TO RECLASSIFY ONE PERMIT TECHNICIAN POSITION AND TWO ADMINISTRATIVE TECHNICIAN POSITIONS TO RECORDS TECHNICIANS, AND APPROVE ADDITIONAL DISCRETIONARY PAYMENT TO PAY OUTSTANDING PENSION OBLIGATIONS RECOMMENDATION A. Receive and file fiscal year 2024/25 Budget Update Report and approve the recommended budget adjustments. B. Adopt a resolution to update the Classification and Salary/Plan Schedule for fiscal year 2024/25 and to reclassify one Permit Technician position and two Administrative Technician positions to Records Technicians. C. Approve additional discretionary payment to pay down outstanding pension obligations. EXECUTIVE SUMMARY • The fiscal year 2024/25 Budget Update Report (Attachment 1) provides an update of the City's fiscal activities from July 2024 to February 2025. • The Budget Update Report includes revenue and expenditure adjustments in the General fund and approval of additional discretionary payment to pay down outstanding pension obligations in the amount of $4 million from General Fund Unassigned Fund Balance. Staff recommended adjustments are: Fund # and Name Revenue sexpenses 1 =67-191UNIM111 TOTAL ADJUSTMENTS $ 695,000 $ 175,000 BACKGROUND/ANALYSIS Throughout the fiscal year, each department monitors their budget and proposes adjustments to reflect current conditions and operational needs. These requests undergo 215 review by the City Manager and department directors before final recommendations are included in the Budget Report. Funds without adjustments have been excluded. ALTERNATIVES Council could modify or request additional information regarding the requested budget adjustments. Prepared by: Claudia Martinez, Finance Director Approved by: Jon McMillen, City Manager Attachment: 1. 2024/25 Budget Update Report 216 RESOLUTION NO. 2025 — XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE UPDATED CLASSIFICATION AND SALARY/PLAN SCHEDULE RECLASSIFYING ONE PERMIT TECHNICIAN AND TWO ADMINISTRATIVE TECHNICIAN POSITIONS TO RECORDS TECHNICIANS FOR FISCAL YEAR 2024/25 WHEREAS, the City of La Quinta's Classification and Salary Plan/Schedule and any amendments of such plans must be approved by the City Council and adopted by resolution in accordance with the City of La Quinta's (City) Personnel Policy; and WHEREAS, on June 18, 2024, the City Council adopted Resolution No. 2024-026, approving the current 2024/25 Classification and Salary/Plan Schedule; and WHEREAS, the City wishes to reclassify one Permit Technician and two Administrative Technicians positions in the City Clerk's Office to Records Technicians, requiring an update to the Classification and Salary/Plan Schedule; and WHEREAS, the reclassification of these positions will promote operational efficiency, ensure continuity, and elevate the quality of public service. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The City Council does hereby approve and adopt the revisions to the Classification Plan consisting of Authorized Positions and Fiscal Year 2024/25 Salary Plan/Schedule, attached hereto as Exhibit A and incorporated herein by this reference. SECTION 2. This Resolution shall become effective upon adoption and shall supersede Resolution No. 2024-026 and any other Resolutions related to the City's Classification and Salay/Plan Schedule; and the revised 2024/25 Salary Plan/Schedule attached hereto as Exhibit B, and incorporated herewith by this reference is hereby adopted. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 1 st day of April, 2025, by the following vote: AYES: NOES: ABSENT: 217 Resolution No. 2025 — xxx Revised FY 2024/25 Classification and Salary Plan/Schedule Adopted: April 1, 2025 Page 2 of 2 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 218 CITY OF LA QUINTA EXHIBIT A 2024/2025 CLASSIFICATION PLAN EFFECTIVE APRIL 1, 2025 CLASSIFICATION SERIES CLASSIFICATION SPECIFICATION AUTHORIZED WORKING TITLE Administrative Building Centralized Services City Clerk Code Community Services Data Administration Engineering Finance Human Resources Maintenance & Operations Management Administrative Assistant Administrative Technician Executive Specialist Building Inspector Senior Building Inspector Plans Examiner Deputy Building Official Permit Technician Senior Permit Technician Deputy City Clerk Records Technician Code Compliance Officer Senior Code Compliance Officer Animal Control/Code Compliance Supervisor Recreation Leader Senior Recreation Leader Community Services Specialist Senior Community Services Specialist Data Reporting Specialist Construction Inspector Assistant Construction Manager Associate Engineer Finance Technician Senior Finance Technician Junior Accountant Accountant Senior Accountant Human Resources Technician Maintenance & Operations Worker Senior Maintenance & Operations Worker Maintenance & Operations Technician Maintenance & Operations Coordinator Maintenance & Operations Crew Leader Maintenance & Operations Superintendent Administrative Assistant Administrative Technician Executive Specialist Building Inspector Senior Building Inspector Plans Examiner Deputy Building Official Permit Technician Senior Permit Technician Deputy City Clerk Records Technician Code Compliance Officer Senior Code Compliance Officer Animal Control/Code Compliance Supervisor Recreation Leader Senior Recreation Leader Community Services Specialist Senior Community Services Specialist Data Reporting Specialist Construction Inspector Assistant Construction Manager Associate Engineer Finance Technician Senior Finance Technician Junior Accountant Accountant Senior Accountant Human Resources Technician Maintenance & Operations Worker Senior Maintenance & Operations Worker Maintenance & Operations Technician Maintenance & Operations Coordinator Maintenance & Operations Crew Leader Maintenance & Operations Superintendent RATING Al2 B21/B22 B25/632 B23 B24/B31 B25/632 C42 B22 B23 B25/B32 B22 B22 B23 C42 All Al2 B23 B24 B24/B32 B23 C43 C44/C51 B22 B23 B24 625/B32 C42 B22 Al2 IA13 B23 B24/B31 B24/B31 C43 Manager Building Official D61 Manager Finance Manager D61 Manager Hub Manager D61 Manager Marketing Manager D61 Manager Planning Manager D61 Deputy Director Community Services Deputy Director D63 Deputy Director Maintenance & Operations Deputy Director D63 Deputy Director Human Resources Deputy Director D63 Deputy Director Public Safety Deputy Director D63 1 219 CITY OF LA QUINTA 2024/2025 CLASSIFICATION PLAN EFFECTIVE JULY 1, 2024 CLASSIFICATION SERIES Management (continued) Director Director Director Director Director City Manager Management Administration Management Specialist Management Analyst Senior Management Analyst Principal Management Analyst Marketing/Communications Marketing & Communications Specialist Planning Assistant Planner Associate Planner Senior Planner Traffic Traffic Signal Technician * City Manager salary is determined by City Council contract City Clerk Design & Development Director Director (Business Unit/Housing Development) Finance Director/Treasurer Public Works Director/City Engineer City Manager Management Specialist Management Analyst Senior Management Analyst Principal Management Analyst Marketing & Communications Specialist Assistant Planner Associate Planner Senior Planner Traffic Signal Technician RATIN41 E82 E82 E82 E82 E82 F101* B25 C42 C43 C44/C51 624/631 B25 C42 C44/C51 B22 220 Za Quiera, 2024/2025 Salary Schedule EXHIBIT B FULL-TIME EMPLOYEES ANNUAL WORKING TITLE DBM STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 All $ 43 431.96 $ 45 944.81 $ 48 457.66 $ 50 970.51 $ 53 483.36 $ 55 996.21 $ 58 509.06 $ 61 021.91 Administrative Assistant Al2 $ 47,784.37 $ 50,549.04 $ 53,313.70 $ 56,078.37 $ 58,843.04 $ 61,607.70 $ 64,372.37 $ 67,137.04 Maintenance & O rations Worker Sr. Maintenance&O erations Worker A13 $ 52,136.78 $ 55,153.26 $ 58.169.75 $ 61,186.23 $ 64,202.72 $ 67,219.20 $ 70,235.69 $ 73,252.17 Administrative Technician B21 $ 56 502.26 $ 59 771.32 $ 63 040.38 $ 66 309.44 $ 69 578.50 $ 72 847.56 $ 76 116.62 $ 79 385.68 Administrative Technician Code Compliance Officer Finance Technician Human Resources Technician B22 $ 60,854.67 $ 64,375.55 $ 67,896.42 $ 71,417.30 $ 74,938.18 $ 78,459.06 $ 81,979.93 $ 85,500.81 Permit Technician Records Technician Traffic Signal Technician Building Inspector Community Services Specialist Construction Inspector Maintenance & Operations Technician B23 $ 65,207.09 $ 68,979.78 $ 72,752.48 $ 76,525.18 $ 80,297.87 $ 84,070.57 $ 87,843.26 $ 91,615.96 Sr. Code Compliance Officer Sr. Finance Technician Sr. Permit Technician Data Reporting Specialist Jr. Accountant Maintenance & Operations Coordinator Maintenance & Operations Crew Leader B24 $ 71,206.90 $ 75,326.72 $ 79,446.55 $ 83,566.38 $ 87,686.21 $ 91,806.03 $ 95,925.86 $ 100,045.69 Marketing & Communications Specialist Sr. Building Inspector Sr. Community Services Specialist Accountant Assistant Planner Deputy City Clerk B25 $ 78,589.90 $ 83,136.89 $ 87,683.87 $ 92,230.86 $ 96,777.85 $ 101,324.84 $ 105,871.82 $ 110,418.81 Executive Specialist Plans Examiner Management Specialist B31 $ 71,206.90 $ 75 326.72 $ 79 446.55 $ 83,566.38 $ 87,686.21 $ 91 806.03 $ 95 925.86 $ 100,045.69 B32 $ 78,589.90 $ 83136.89 $ 87,683.87 $ 92,230.86 $ 96,777.85 $ 101324.84 $ 105,871.82 $ 110,418.81 LL-TIME EM AL) WORKING TITLE DBM STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 Associate Planner Animal Control/Code Compliance Supervisor Deputy Building Official C42 $ 84,917.93 $ 89,682.77 $ 94,447.61 $ 99,212.45 $ 103,977.29 $ 108,742.13 $ 113,506.97 $ 118,271.81 $ 123,036.64 $ 127,801.48 Management Analyst Sr. Accountant Assistant Construction Manager Maintenance & Operations Superintendent C43 $ 89,574.69 $ 94,600.82 $ 99,626.96 $ 104,653.09 $ 109,679.23 $ 114,705.36 $ 119,731.50 $ 124,757.63 $ 129,783.77 $ 134,809.90 Senior Management Analyst Associate Engineer Principal Management Analyst C44 $ 95,406.15 $ 100,759.50 $ 106,112.84 $ 111,466.19 $ 116,819.53 $ 122,172.88 $ 127,526.22 $ 132,879.57 $ 138,232.91 $ 143,586.26 Senior Planner Building Official Finance Manager Hub Manager D61 $ 108,229.76 $ 114,302.65 $ 120,375.55 $ 126,448.44 $ 132,521.33 $ 138,594.22 $ 144,667.12 $ 150,740.01 $ 156,812.90 $ 162,885.79 Marketing Manager Planning Manager Community Services Deputy Director Human Resources Deputy Director D63 $ 119,323.32 $ 126,018.69 $ 132,714.05 $ 139,409.41 $ 146,104.78 $ 152,800.14 $ 159,495.51 $ 166,190.87 $ 172,886.23 $ 179,581.60 Maintenance &Operations Deputy Director Public Safety Deputy Director City Clerk Design & Development Director Director (Business Unit/Housing Development) E82 $ 143,729.53 $ 151,794.36 $ 159,859.18 $ 167,924.00 $ 175,988.83 $ 184,053.65 $ 192,118.47 $ 200,183.30 $ 208,248.12 $ 216,312.95 Finance Director/City Treasurer Public Works Director/City Engineer !City Manager F101' 195 557.92 206 530.89 217 503.86 226 476.84 239 449.81 250 422.78 261 395.75 272 368.73 283 341.70 294 314.67 PART-TIME EMPLOYEES HOURL Recreation Leader I All 1 $ 20.881 $ 22.091 $ 23.301 $ 24.5111 $ 25.711 $ 26.921 $ 28.131 $ 29.34 Senior Recreation Leader I Al2 1 $ 22.971 $ 24.301 $ 25.631 $ 26.961 $ 28.291 $ 29.621 $ 30.951 $ 32.28 Elected Official Positions Monthly (per La Quints Municipal Code Section 2.04.050) Mayor $ 2,800.00 Council Members $ 2,300.00 221 City Council Approval Effective Date 4/l/2025 4/l/2025 6/18/2024 7/l/2024 taQ"fra ATTACHMENT 1 CALIFORNIA - Fiscal Year 2024/25 Budget Update Report SUMM , The annual budget is a living document, which allows for flexibility and adjustments to accommodate current business needs and updated projections. Budget reports are presented to provide ongoing oversight of public funds, relate current and upcoming activities, and request funding adjustments. All funds are continuously monitored; this report discusses funds with budgetary adjustments. Funds with no adjustments have been excluded. The City of La Quinta remains dedicated to responsible financial management, careful budget oversight, and long-term fiscal sustainability. This year's budget review reaffirms the City's strong financial standing, with General Fund revenues and expenditures aligning closely with initial projections. However, economic conditions remain dynamic, underscoring the importance of continued vigilance in monitoring and managing expenditures. Regular budget updates enable the City Council to track revenue and spending patterns, ensuring informed policy decisions based on future conditions. The Fiscal Year (FY) 2024/25 Budget Update Report has several adjustments, which are detailed in Exhibit 1. The recommended adjustments are largely derived from year-to-date revenues collected and expenses incurred due to program activities and operational needs. 222 GENERAL FUND REVENUES General Fund revenue adjustments summarized below total $695,000. Adjustments reflect updated projections based on last fiscal year's actuals and year-to-date activity. ription Adju� Tentative Tract Map $ 20,000 False Alarm Fees- Police 25,000 False Alarm Fees- Fire 50,000 CSA 152 Assessments 320,000 Miscellaneous Revenue 250,000 Miscellaneous Reimbursements 30,000 TOTAL GF REVENUE ADJUSTMENTS $ 695,000 All revenue streams will continue to be monitored and if necessary, additional adjustments will be recommended in the next budget update report in June. Charges for Services - An increase of $20,000 for Tentative Tract Map fees to account for an increase in activity associated with PGA West and Coral Mountain developments. Fines, Forfeitures & Abatements - Due to the City's efforts to increase communication with businesses and residents regarding enforcement and collection efforts, the amount of $25,000 is requested for Police False Alarm Fees and $50,000 for Fire False Alarm Fees to account for an increase in the number of payments received this fiscal year. Intergovernmental - An increase of $320,000 for CSA 152 Assessments to account for qualified expenditures that have been reimbursed by the County. These expenses include retention basin maintenance and the acquisition of heavy machinery and equipment to support stormwater mitigation efforts. Miscellaneous - Revenue adjustments in this category total $280,000 and include miscellaneous revenue and reimbursements that were not anticipated. The increase reflects year-to-date one- time funds received from external agencies. aENERAL FUND EXPENDITURES The Finance Department collaborated with all City departments and conducted a review of all department budgets to identify any new needs and potential areas of savings. Expenditure adjustments are recommended for unanticipated expenses and to avoid budget overruns based on updated operational needs. A summary is provided below and itemized in Exhibit 1. IL Expense Description Adjustment _ Marketing $ 25,000 Public Safety $ 150,000 TOTAL GF EXPENSE ADJUSTMENTS $ 175,000 Marketing The Marketing division is requesting an additional $25,000 for Sponsorships/Advertising due to an increase in sponsorship commitments that will enhance community engagement and promote local events, businesses, and initiatives. Public Safety The Police Division is requesting an additional $150,000 for the Public Safety Camera System Maintenance account to cover contracted services for the automated license plate recognition (ALPR) cameras. This includes annual system maintenance, ongoing technical support, and necessary service updates to ensure the system remains fully operational and effective in enhancing public safety. City Clerk Department The City Clerk's department requests: (1) the reclassification of two Administrative Technician positions to Records Technicians which can be implemented without additional funding in fiscal year 2024/25 due to vacancies in the department; and future budgets will require an increase in approximately $5,000 annually for each position; and (2) to rename the Permit Technician position to Records Technician, which has no budgetary impact, to streamline and align all three technician positions in the department. Based on citywide evolving needs specialized records management expertise is essential for operational continuity, maintaining compliance, improving service delivery, and ensuring records accessibility. OUTSTANDING PENSION OBLIGATION In October 2024, the Financial Advisory Commission (FAC) formed a subcommittee to study the actuarial reports to make recommendations for Additional Discretionary Payments (ADPs) to CalPERS. The subcommittee set a funded status target for the pension fund, a target balance for the trust, and provided for annual budgeting of ongoing ADP's as fiscal conditions allow, based on market conditions and future actuarial reports' funded status. Based on the FY 2023/24 ending surplus, Staff recommends allocating funds to the following: Send an ADP of $4 million to CalPERS using unassigned reserves. Staff has received an updated projected unfunded accrued liability balance as of June 30, 2025, with the payment required to be completed by April 30, 2025. The Council may modify the recommendation or request additional information regarding the report. In summary, the City ended FY 2023/24 in a stronger financial position than initially projected and remains on solid footing as it approaches the end of the current fiscal year. However, given the uncertainties in the current economic climate, it is essential to remain cautious and adaptable. This budget update includes strategic adjustments to maintain a prudent yet practical 224 financial plan, allowing the City to prioritize building reserves, addressing liabilities, investing in infrastructure, and delivering essential programs, services, and events for the community. Staff will continue to closely track economic trends and budget performance to ensure the City can quickly respond to any financial shifts. City department spending remains in line with projections, and if revenues continue to meet or exceed expectations, the City is on track to conclude the fiscal year with a budget surplus. All budget projections for both the General Fund and other Funds will continue to be monitored during the Spring of 2025 and an additional update shall be provided during the next FY 2024/25 Budget Update Report. 225 City of La Quinta REVENUE Charges for Services 101-0000-42415 Tentative Tract Map Fines, Forfeitures & Abatements 101-0000-42709 False Alarm Fees- Police 101-0000-42710 False Alarm Fees- Fire Intergovernmental 101-0000-43633 CSA 152 Assessments Miscellaneous 101-0000-42301 Miscellaneous Revenue 101-0000-42305 Miscellaneous Reimbursements EXPENSES Marketing 101-3007-60450 Sponsorships/Advertising Public Safety 101-2001-60692 Public Safety Camera System Maintenance TOTAL GENERAL FUND FY 2024/25 Recommended Budget Adjustments Exhibit 1 General Fund (101) 20,000 25,000 50,000 320,000 250,000 30,000 25,000 150,000 695,000 175,000 226 BUSINESS SESSION ITEM NO. 2 City of La Quinta CITY COUNCIL MEETIN( April 1, 2025 STAFF REPORT AGENDA TITLE• APPROVE AGREEMENT FOR CONTRACT SERVICES WITH PACIFIC PLAY SYSTEMS, INC FOR PLAYGROUND DESIGN AND INSTALLATION SERVICES FOR ADAMS PARK PLAYGROUND REPLACEMENT PROJECT NO. 2024- 2E RECOMMENDATION Approve Agreement for Contract Services with Pacific Play Systems, Inc. for playground design and installation services for Adams Park Playground Replacement Project No. 2024-23; and authorize the City Manager to execute the agreement. EXECUTIVE SUMMARY • The playground equipment and mist system at Adams Park (Park) have reached the end of useful life and need replacement. • The City utilizes purchasing agencies such as California Multiple Award Schedule (CMAS) for procurement of goods and services at a discounted rate. Pacific Play Systems, Inc., (Pacific) submitted a proposal for new playground designs to replace the existing playground equipment utilizing CMAS. • On March 10, 2025, the Arts and Community Services Commission (ACSC) reviewed playground designs and recommended this design option to be presented to Council for consideration. FISCAL IMPACT Fiscal year (FY) 2024-25 budget includes funding in the amount of $485,780 to replace the playground equipment in the Park Equipment & Facility Replacement Fund (Account No. 501-0000-71060). This amount includes $100,000 in contingency funds. ITEM COST Playground Equipment $ 355,780 Removal and Fencing $ 30,000 Contingency Amount $ 100,000 TOTAL: $ 485,780 227 BACKGROUND/ANALYSIS The Park was constructed in 1994 and is well used by the community. Park amenities include two playground areas with full shade structures, one for ages 2-5 and the other for ages 5-12, a mist system, picnic areas, a volleyball court, and a perimeter walking path. The playground equipment and mist system at the park have reached the end of useful life and are recommended to be replaced. The City utilizes purchasing agencies such as CMAS for procurement of goods and services at discounted rates, which complies with the City's Purchasing and Contracting Policy to streamline the purchasing process. Pacific submitted two options to replace the playground equipment at the Park through CMAS: Option 1 — is basic playground design comprised of swings, slides, and play features priced at $308,867; and Option 2 — enhanced playground design priced at $355,780 providing additional musical features, interactive marble board, colored half balls, steppers, etc. in addition to the basic Option 1 offering a superior playground set and greater value to the community as the Park is heavily used. On March 10, 2025, the ACSC reviewed both design options submitted by Pacific and recommended Option 2 enhanced design for Council's consideration. Proposed is an agreement with Pacific for design and installation of new playground equipment at the Park which includes playground areas for ages 2-5 years and 5-12 years, for a total not to exceed amount of $355,780 (Attachment 1). Renderings of the proposed playground are included as Attachment 2. Pacific also provided a quote to demolish the existing playgrounds for $73,555 (Attachment 3). Staff recommends utilizing the City's On -Call Maintenance Services contractor for demolition services which include supplying temporary construction fencing, and disposal of the existing play structures and safety surfaces at a cost of $30,000, which would net the City cost savings of $43,555. ALTERNATIVES Council may elect not to approve this playground design and direct staff to seek other options. Prepared by: Dianne Hansen, Maintenance & Operations Superintendent Approved by: Bryan McKinney, Public Works Director/City Engineer Attachments: 1. Agreement for contract services with Pacific Play Systems, Inc. 2. Pacific Playground Design 3. Pacific Demolition Proposal 228 ATTACHMENT 1 AGREEMENT FOR CONTRACT SERVICES THIS AGREEMENT FOR CONTRACT SERVICES (the "Agreement") is made and entered into by and between the CITY OF LA QUINTA, ("City"), a California municipal corporation, and Pacific Play Systems, Inc., ("Contracting Party"). The parties hereto agree as follows: 1. SERVICES OF CONTRACTING PARTY. 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contracting Party shall provide those services related to Project No 2024-23 Adams Park to replace playground equipment 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 229 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. 230 -2- 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. ►VAIZ! =101RY_NY[ 01 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 Three -Hundred Fifty -Five Thousand, Seven -Hundred and Eighty Dollars ($355,780), (the "Contract Sum"), except as provided in Section 1.7. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Contracting Party's rate schedule, but not exceeding the Contract Sum, or such other reasonable methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contracting Party at all project meetings reasonably deemed necessary by City; Contracting Party shall not be entitled to any additional compensation for attending said meetings. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the method of compensation set forth in the Schedule of Compensation, Contracting Party's overall compensation shall not exceed the Contract Sum, except as provided in Section 1.7 of this Agreement. 2.2 Method of Billing & Payment. Any month in which Contracting Party wishes to receive payment, Contracting Party shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City's Finance Director, an invoice for Services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the Services provided, including time and materials, and (2) specify each staff member who has provided Services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Contracting Party specifying that the payment requested is for Services performed in accordance with the terms of this Agreement. Upon approval in writing by the Contract Officer, or assigned designee, and subject to retention pursuant to Section 8.3, City will pay Contracting Party for all items stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City's Finance Department. 2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer, or assigned designee. Any 231 -3- 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 or around April 5, 2025 and terminate on, before, or before September 1, 2025 on completion and acceptance of installation. This Agreement may be extended due to unforeseeable delays 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 232 -4- Contracting Party authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith: (a) Pacific Play Systems, Inc. 3288 Grey Hawk Court Carlsbad, CA 92010 Atlanta, GA 30318 ATTN: Alex Compos, Vice President (b) City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 ATTN: Dianne Hansen, M&O Superintendent It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of Contracting Party and devoting sufficient time to personally supervise the Services hereunder. For purposes of this Agreement, the foregoing Principals may not be changed by Contracting Party and no other personnel may be assigned to perform the Services required hereunder without the express written approval of City. 4.2 Contract Officer. The "Contract Officer", otherwise known as Dianne Hansen, Maintenance & Operations Superintendent or assigned designee may be designated in writing by the City Manager of the City. It shall be Contracting Party's responsibility to assure that the Contract Officer, or assigned designee, is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer, or assigned designee. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer, or assigned designee. The Contract Officer, or assigned designee, shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City's express written approval shall be null, void, and of no effect. No approved 233 -5- transfer shall release Contracting Party of any liability hereunder without the express consent of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contracting Party, its agents, or its employees, perform the Services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision, or control of Contracting Party's employees, servants, representatives, or agents, or in fixing their number or hours of service. Contracting Party shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contracting Party in its business or otherwise or a joint venture or a member of any joint enterprise with Contracting Party. Contracting Party shall have no power to incur any debt, obligation, or liability on behalf of City. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Except for the Contract Sum paid to Contracting Party as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contracting Party for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contracting Party for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contracting Party and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (TERS") as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contracting Party agrees to pay all required taxes on amounts paid to Contracting Party under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contracting Party shall fully comply with the workers' compensation laws regarding Contracting Party and Contracting Party's employees. Contracting Party further agrees to indemnify and hold City harmless from any failure of Contracting Party to comply with applicable workers' compensation laws. City shall have the right to offset against the amount of any payment due to Contracting Party under this Agreement any amount due to City from Contracting Party as a result of Contracting Party's failure to promptly pay to City any reimbursement or indemnification arising under this Section. 4.5 Identity of Persons Performing Work. Contracting Party represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all of the Services set forth herein. Contracting Party represents that the Services required herein will be performed by Contracting Party or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services. 234 -6- 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 235 -7- 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. 236 -8- 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 237 -9- as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer, or assigned designee; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to this Article 8.0. During the period of time that Contracting Party is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default. 8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contracting Party in the performance of the Services required by this Agreement. 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non -defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Contracting Party requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Contracting Party. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Termination Prior To Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer, or assigned designee. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by 238 -10- 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. 239 -11- No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. Contracting Party warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 9.3 Covenant against Discrimination. Contracting Party covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry in the performance of this Agreement. Contracting Party shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. 10. MISCELLANEOUS PROVISIONS. 10.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section. To City: To Contracting Party: CITY OF LA QUINTA Pacific Play Systems, Inc. Attn: Dianne Hansen, M&O Superintendent Attn: Alex Campos, Vice President 78495 Calle Tampico 3288 Grey Hawk Court La Quinta, California 92253 Carlsbad, CA 92010 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. 240 -12- 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] 241 -13- IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, CONTRACTING PARTY: a California Municipal Corporation JON McMILLEN, City Manager City of La Quinta, California Dated: ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California in Name: Alex Cam Title: Vice President Name: Title: 242 -14- Exhibit A Scope of Services 1. Services to be Provided: Installation of new playground equipment and safety surface materials in Adams Park located on the corner of Adams Street and La Palma. WIPLAYCRAFT Bill of Materials • PLAYcoRS .-. City of La Quinta - Adams Park Project # PAC24APrev Date 2/19/2025 Item / Part Number Description Qty [RSODAA4BA] HS-1034-R Collars 39 GF-7001 Flat Cap. R5 GF-7002 Dome Cap. R5 11 S-1008-R5-08R Post, 08R R5 1 S-1008-R5F-9-048-087 Post, 8ft. 48in (87in) 1 S-1010-R5-10ft Post, 1Oft R5 4 S-1011-R5-11ft Post, 11ft R5 6 S-1101-R5 Square Deck 1 S-1102-R5 7ri-Deck 1 S-1103-R5 Hex Deck, Half (5 Post) 1 S-1106-R5 Hex Deck. Half (4 Post', 1 S-1209-24W-R5 Transfer Station, 36in-L (W) 1 S-1216-DLX ClUrber. Grip Deluxe 42-48m 1 S-1234-41R Climber, Spiral Step42-48in 1 S-1303-R5 Single Side SitDown Hood 2 S-1309-2-R5 Half Walls (Pair) R5 1 S-1310-R5 -ransition Wall 1 S-1514-45R5 Bridge, Inclined Arch (451n) 1 S-1600-R5G Crawl Thru Panel 1 S-1608-R5 Amory Panel 1 S-1616-R5 is-Tac= oe Panel 1 S-1628-R5 Inclusive Panel. DrNer 1 S-16521-ALR5G Solo Panel 1 S-1665-R5 Panel Pal, Dialer 1 S-1666-R5 Panel Pal. Spinner 1 S-1704-4 Slide. Wave 48in (Single) 1 S-' 705-3 Slide. darter -urn 36m 1 S-1710.3.4R5-LSR Slide. Triple -wister 48in (L-S-R) 1 S-' 963-R5 Seat on Post 1 [R5OF307FAJ HS-' 004-R Collars 54 A2-2321-20HEPDM FLEX Ball, 20rn Half (Premium) 1 A2-2321-28EPDM FLEX Ball, 28n (Prernium) 1 A2-2321-28HEPDM FLEX Ball. 28n Half (Premium) 1 GF-7002 Dome Cap, R5 17 S-1008-R5-08ft Post, 0811 R5 1 Page 1 of 3 Exhibit A 243 Page 1 of 14 Last revised summer 2017 �y PLAYCRAFT Bill of Materials (Continued) A PlayCore Company City of La Quinta - Adains Park Item / Part Number Description Qty S-1010-R5-10ft Post, 1Oft R5 1 S-1011-R5-1'ft Post, 11ft R5 4 S-1012-R5-12ft Post, 12ft R5 9 S-1013-R5-13ft Post. 13ft R5 2 S-1101-R5 Square Deck 3 S-' 102-R5 711,-Deck 1 S-1 106-R5 Hex Deck, Hair (4 Post) 1 S-' 1'0-R Filler, Universal (121n) 1 S-1206-24R45 ADA Stairs. 24in Rise w/ Walls 1 S-1209-24W-R5 -ransfer Station, 361n-L (W) 1 S-1210-60 Climber. Vertical Ladder 54-60in 1 S-1212-3R5 Climber. Vertical Step 30-36in 1 S-1215-6 Climber, Grip Inc. Wall 60in 1 S-12401-R5 Climber. Thunder 1 S-1301-1830-S-R5 Wag w/ Telescope 1 S-1303-R5 Single Slide SitDown Hood 1 S-1309-2-R5 Half Walls (Pair) R5 3 S-' 3' 0-R5 -ransition Wall 1 S-1440-R5 Traverse, Sway -Step Grip 1 S-'509-R545 Bridge, Burma (45in', 1 S-1631-R5 Pinball Panel 1 S-1634-R5 Labyrinth Panel 1 S-1668-R5 Panel Pal. Match Game 1 S-1704-5 Slide, Wave 60in (Single) 1 S-1706-S6R-R5 Slide, Twister Spiral 721n (R) 1 S-'7'0-3-5R5-LS4R Slide. Triple Twister 60in (L-S-R) 1 S-1933-R5 Spin Cycler 1 S-' 936-R5 Ring Pull -Up 1 S-1962-R5 Playseat 1 swings A2-131410 Inclusive Seat 1 A2-131510-AA Playshare Friends Swing Seat 2 A2-2123 PC 2123-8ft Arch Swing Bay (2 Seat) 1 A2-2123-1-AB PC 2123-8ft Arch Swing Bay (1 Seat) AB 1 swings 2-5 A2-131410 Incksive Seat 1 A2-131510 Playshare Seat 1 A2-131510-II Playshare -ots Swing Seat 1 A2-2123 PC 2123-8ft Arch Swing Bay (2 Seat) 1 A2-2123-1-AB PC 2123-8ft Arch Swing Bay (1 Seat) AB 1 Page 2 of 3 Exhibit A 244 Page 2 of 14 ®PLAYCRAFT' Bill of Materials rIL-YCORC (Continued) A PlayCore Company City of La Quinta - Adarns Park (tern 1 Part Number Description Qty spinner A2-2496-SL PC 2496-SL Indusive Merry -Go -Round mini -go -round A2-2479 PC 2479 Mini -Go -Round freest A2-4232 PC 4232 Spring Max Turbo Totter butterfly HS-' 034-R Collars GF-7002 Dome Cap, R5 S-I,007-R5-07ft Post. 07ft R5 S-1851-R50 Butterfly Wings sign A2-1303 1303 Safety Sign (5-12. HDPE) sign 2 A2-1302 1302 Safety Sign (2-5. HDPE) 1 sensory panels HS-1034-R Collars 4 GF-7002 Dome Cap. R5 2 S-1007-R5-07ft Post. 07ft R5 2 S-1981-SWD Sensory Play Wall (Dynamic) 1 tetherball A2-1701-P 1701 Tetherbal Powdercoat 1 music CA-R-IG Caterpillar (IG) 1 music 32604 LPAD-IG-S"L Lilypad Cymbalsw/ Steel Post (IG, Silver) 1 music _32604.32631 DRUM-SET-MOSS-IG Bossa Nova Drum Set (IG. Moss) 1 dash A2-1600 PC 1600'iA Maze Game 1 A2.2220 PC 2220 Dash Driver 1 Page 3 of 3 Exhibit A 245 Page 3 of 14 City of La Quinta - Adams Park ADAACCESS65.RyGUIOEUNES-ADAAGCONFORINANCE TOP VIEW Y.�VAtYp csssFxc wry ¢sse.s wawo ^ cs din A0W C YYJ SKLI T C GENERAL NOTES Iha cpriaplW yr.Rb4aed orr nhtna4on pruKYd poor N wrsnrdw DAIW ab rtlarmdaR ntl4►rq M lubrvnp, aupud b aOYn.d. arMM.d, and uY[•I n Ib Isar mwd daagn. L-3 • , tl.n.r•or•, bppDgnY. .aRl np uYb.a. aW 9ndllOna na d—p apVppm WARNING ✓w we. -bfy -4-2 nraN Yl R 'y-wb dnrrd xqund N+ yuCn4nl MI nxs ■cntiu �g11 r1W PC - 1701 rol "•y"'p° °° " lur T. ngn+rd ac�Yel. TETHERBALL p 1almR .p .ymv4 R4.fb1'*Coxs UNIT N•rdt-41 o Ihm' PYygrwnd S."' `l_)r PROJECT s Pacific Play Systems, Inc. ®r`®• PROJECT dI PAC7 .APrev DATE WKWEZONE 0'x0'(Omx0m) r_:x..... Exhibit A 246 Page 4 of 14 EXHIBIT A- TERMS AND CONDITIONS ( Revised 09-01-2022 ) 1. ACTS OF GOLF. In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, interruption of electrical power or other utilities. shortages of materials and/or labor, manufacturing issues or delays beyond its control, failures or damage reasonably beyond its control, pandemic related issues, or other causes reasonably beyond its control, such party shall not be liable to the other party for any damages resulting from such failure to perform or otherwise from such causes Pacific Play Systems, Inc. and Customer shall notify each other as soon as reasonably possible following the occurrence of an event described in this subsection 2 ATTORNEY FEES & EXPENSES In the event of any dispute under this Contract, the prevailing party shall be entitled to recce✓er from the other party reasonable attomeys' fees and costs of suit, including any fees and costs incurred in preparation of such suit. If timely payments are not made by Customer and collection becomes necessary. Pacific Play Systems. Inc. shall be entitled to collect interest and all reasonable collection and legal costs incurred to the extent allowed by law 3 BUSINESS LICENSE If obtaining a business license becomes necessary for a city in which Pacific Play Systems. Inc does not hold a current license. Pacific Play Systems. Inc shall obtain the required license and Customer shall reimburse Pacific Play Systems. Inc. for its cost (including staff time) at cost plus 20%. 4 CHANGE ORDERS: Extra Work and change orders shall become part of the contract once the change order is prepared in writing and signed by the parties prior to the commencement of any work covered by the new change order. Change order shall describe the scope of the extra work or change, the cost to be added or subtracted from the contract and describe effects on the schedule (If applicable). Change Orders encountered during the installation phase of project require immediate action by the Customer to avoid stoppage of work which may cause demobilization and remobilization and Customer agrees to pay the additional cost. 5 COST ESCALATION CLAUSE: Given the recent dramatic increases in the cost of materials and freight, If Pacific Play's cost of materials and/or freiqht associated with this project increases by over 5% by the time this project gets installed. Customer shall be responsible for paying the additional cost over the initial 5% increase 6 DELAYS' If a project is delayed for reasons beyond Pacific Play Systems, Inc control, Customer agrees to pay for the cost of equipment, materials and products which are already manufactured. Storage fees may be added for stored products If a project installation is delayed, new installation date will be assigned based on availability of installer Any cost escalation incurred during the delayed period shall be passed onto the Customer and Customer agrees to pay it Customer shall hold Pacific Play Systems, Inc harmless for additional delays due to unavailability of the installer or resources when a project is delayed. If additional mobilization becomes necessary to receive and unload the equipment when a project is not ready for installation. Customer shall pay the cost incurred plus 20%- 7 DEMOLITION Unless other arrangements are made prior to the start of demolition, all demolition items shall be disposed of by Pacific Play Systems. Inc in a manner selected by Pacific Play Systems, Inc For demo purposes. unless otherwise noted in the Contract. all slab thicknesses are assumed to be 4- or less with no reinforcement If thickness of slab turns out to be greater than 4" or has reinforcement in it, its demo, hauling and disposal cost shall increase at the rate of our actual cost plus 201/6 and Customer agrees to pay the additional cost All PIP rubberized surfacing thicknesses are assumed to be no more than 3.5" thick If PIP thickness turns out to be greater than 3.5-, its demo, hauling and disposal cost shall increase at the rate of our actual cost plus 20% and Pacific Play Systems. Inc. - 3288 Grey Hawk Court, Carlsbad, CA 92010. >t Rill Phone 760-599-7355 - Cadfomla Contractors Lic. 9957776 Exhibit A 247 Page 5 of 14 Customer agrees to pay the additional cost. All changes in the scope of work shall be handled with a change order. promptly executed by both Parties so that no delays are experienced. 8 DISCOUNTS: Discounts (If any) provided are valid only if Customer completely fulfills his or her oUlgations under this Contract for the scope identified, including making timely payments per Payment Terms of Contract Customer's failure to pay amounts due under this Contract in a timely fashion or reducing the scope of roork shall constitute forfeiture of all discounts provided under this Contract and shall increase Contract sum by the amounts of discounts provided 9 ENGINEERED WOOD FIBERS (EWF) are sold in quantities of cubic yards EWF will settle during and after installation, reducing its depth. Therefore, its depth cannot be guaranteed. Generally speaking, 18' of material settles to a compacted depth of 10'-12 EVVF require maintenance and topping off is necessary from time to time 10 ENTIRE AGREEMENT This Contract constitutes the entire agreement between the Parties and supersedes any prior understandings, agreements, or representations by or between the Parties, written or oral, to the extent they relate in anyway to the subject matter hereof. In the event of conflicting provisions between this Contract and Customer's own Contract (if any), the provisions of this Contract shall prevail. 11 EXPANSIVE, UNSUITABLE SOILS: Pacific Play Systems. Inc. shall not be responsible for undesirable effects (poor drainage, settlement, expansion, contraction, finish surface cracking, etc.) of unsuitable grounds or soils provided to us. Unsuitable grounds or soils include expansive soils, poorly drained soils, uncompacted or poorly compacted grounds, unstable ancilor expansive soils such as clay, excessively most sods. uncompacted sand, etc. If applicable, it shall be Customer's responsibility to test soil samples and determine if the existing soil is suitable for the intended work, prior to the start of any work If applicable, expansive. loose or uncompacted soils shall be removed and replaced by others at Customers cost, prior to our mobilization on site Additional engineering and deeper footings may be required if excessive moisture is encountered during the excavation, and Customer agrees to reimburse Pacific Play Systems. Inc for the additional cost encountered at cost plus 20 percent. 12 FINAL INSPECTION Customer shall perform a final inspection of the project while Pacific Play Systems, Inc and its agents are still on site and shall report any concerns to Pacific Play Systems, Inc. at that time so that valid concerns can be corrected right away to avoid delays and additional trips to the job site. 13 FOOTINGS Playground footings (Playcraft equipment or any other manufacturer) are quoted per manufacturers standard footing details. Unless otherwise noted in Quotation, Contract or Purchase Order, if playground footings are enlarged due to permit requirements or to remedy unsuitable sal conditions, etc upgrade costs shall be extra. Some permit agencies may require structural calculations for footings which may cause larger footings and deeper embedment of posts into concrete footings than shown in the manufacturer's standard footings details. Additional rebar cages may also be needed Our equipment and installation cost are based on supplying standard length posts and using manufacturer's standard footing details with no rebar cages If footings are enlarged due to permit requirements or for any other reason. Customer agrees to pay the additional cost for longer posts, rebar cages and additional labor and maten As required for excavating and installing deeper and larger footings Additional cost shall be billed at the rate of Pacific Play Systems cost plus 20% and Customer agrees to pay for it. 14 GOVERNING LAW This Contract shall be governed by and construed in accordance with the domestic laves of the State of Caldomia without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than the State of California. Jurisdiction shall be the County of San -Diego, North Court 4Wtcial District, Rrersjde County, California 2 Pacific Play systems. Inc. - 3288 Grey Hawk Court• Carlsbad. CA 92010. t Phone 760-599-7355 - California Contractors Lic 1*57776 Exhibit A 248 Page 6 of 14 15 INSURANCEPacific Play Systems, Inc agrees to cant' the following limits during the course of protect Liability Insurance. S 1.000.000 Each Occurrence, S 1.000,000 Personal and Advertising Injury, $2.000.000 General Aggregate, S2.000,000 Products. Completed Operations Aggregate Excess Liability Insurance $3.000,000 Each Occurrence, $3,000.000 General Aggregate Workers Compensation: S 1,000,000 Commercial Auto Insurance S 1.000.000 Proof of insurance or additional insured certificates (issued to Customer only) shall be provided upon request Any custom wording (Primary Wording. Waiver of Subrogation, Cancellation Notices, etc.) on insurance policies or certificates to multiple entities shall be provided at additional cost, if requested and only if available Customer acknowledges that Pacific Play Systems' subcontractors may have lower insurance linuts and carry no excess liability insurance. Additional insurances not listed here, if required & available, may be provided at additional cost. 16. LABOR RATES Unless otherwse noted inwriting, all labor rates are Non -Prevailing Wage Rates It shall be Customers responsibility to infoirm us 6 a project is Prevailing Wage. before a contract is signed 17 LIABILITY LIMIT Pacific Play Systems. Inc.'s liability on any claim of any kind, including negligence, for any loss or damage ansing out of, connected with or resulting from this Contract, or from the performance or breach thereof, or from the manufacture, sale, delivery. Installation, resale, repair or use of any products covered by or furnished under this Contract, shall in no case exceed the price of the products or parts thereof which gives rise to this claim In no event shall Pacific Play Systems, Inc be liable for special, incidental or consequential damages. or for damages in the nature of penalties. 18 LEAD TIME Unless otherwise noted. due to continuing supply chain issues and materials shortages. lead time for delivery of equipment is approximately 32 weeks (+I-) AFTER receipt of a signed Contract, deposit and color selection from the Customer Lead time does not include time needed for shipping, site work and installation Lead time may vary for different projects and different products, depending on product, size and scope of work 19 MOBILIZATION. Unless otherwise noted in the Quotation, Contract or Purchase Order, our cost includes only one mobilization per project If additional mobilizations become required due to various factors beyond Pacific Play Systems control such as site not being ready. stop notices by the Customer, permit and governing agencies, etc., additional mobilization cost shall apply at the rate of cost plus 209/6 or $2,000 minimum for private projects and $2.500 for public works protects whichever is greater Minimum charge for receiving and unloading equipment when project is not ready for installation shall be S1,500 for private projects and S2.500 for public works projects and Customer agrees to pay these additional costs. 20 MAINTENANCE Customer shall be responsible for maintenance and upkeep of all acquired equipment and materials associated with this Contract, including but not limited to maintenance of equipment, materials. surfacing, drainage system. etc. Playground equipment and surfacing require daily, weekly and monthly inspections It is com mon that some bolts may come loose after the initial installation and some use. particularty in moping parts It shall be Customer's responsibility to inspect for loose or missing hardware and attend to it as needed 21 NOTICES All notices required by this Agreement shall be in 'writing and be delivered via email, United States Certified Mail, addressed to the party to whom such notices are directed Either party may change its address for notices hereunder by giving notice to the other party in the same manner as provided herein. Pacific Play Systems, Inc. - 3288 Grey Hawk Court, Carlsbad. CA 92010, Phone 760-599-7355 - California Contractors Lic. 9957776 Exhibit A 249 Page 7 of 14 22 OWNERSHIP Once equipment and matenals are delivered to the Customer's premises. it is considered delivered and Customer shall become responsible for its security All costs associated with replacement of vandalized and/or stolen equipment, materials shall be Customer's responsibility. Customer shall take necessary steps to secure site and protect the work under progress, including keeping traffic away from the equipment under construction and protect finished surfaces (concrete. PIP surfacing. etc ) for a minimum of 24 hours after pour 23. OPTIONS, ADDITIONAL SERVICES: Equipment, matenals and services listed under Options or Additional Services are not included in the Scope of Work (cost is extra). If Customer chooses to add any of these items, Customer shall notify Pacific Play Systems, Inc in vnting as soon as possible and prior to the ordering of equipment so that Contract can be modified to incorporate the added items Once equipment and matenals are ordered, it may be too late to make any changes, without incumng additional costs 24 PAYMENT TERMS: All payments are due per Contract Payment Terms Past due balances are subject to an annual interest rate of 18%, or the maximum allowed by law, whichever is greatest. If payments are not received on time and collection becomes necessary, aside from adding interest, all discounts provided shall be reversed and added to the contract sum and Pacific Play Systems. Inc shall be entitled to collection costs incurred plus attorneys' fees 8 expenses to the full extent allowed by the applicable laws Additionally. Pacific Play Systems. Inc may suspend all warranties until such time that all past due balances, interest and fees are paid in full. 25 PERMITS Unless otherwise noted in wnting, obtaining permits are excluded from this Contract and shall be the Customer's responsibility. Pnor to the award of this Contract, Customer shall perform his or her own due diligence and determine if a permit is required and notify Pacific Play Systems, Inc. in writing accordingly If required, Customer shall obtain all required permits and licenses and pay all applicable fees If Pacific Play Systems. Inc. is Instructed in writing to obtain a permit, all associated costs (Including engineering fees) shall be extra, billed at cost plus 20%- Staff time shall be belled at $90 per hour. Building pemut fees shall be billed at cost Customer agrees to pay all costs and fees While we mll do our best to obtain a pemtit at the earliest time possible (if instructed in writing to do so), no guarantees can be made that a permit can be obtained. Additionally, obtaining a permit can be very time-consuming process and can easily delay a project for months and bevond Customers expectations Some pemtit agencies may require structural calculations for footings iv1uch may take several weeks to get and cause delays. Unless otherwise note in Quotation. Contract or PO, cost of obtaining structural calculations shall be billed at cost plus 20% or $2.500 minimum, whichever is greater, and Customer agrees to pay for it 26. PROTECTION OF EXISTING PLAYGROUND SURFACING: Sites at some playground renovation projects may contain existing playground safety surfacing that may be either sand, engineered wood fibers, rubber tiles, PIP rubberized surfacing, artificial turf or a combination of these items that may need to be protected while new improvements are made. Unless otherwise noted in our Contract. Customer shall remove and stockpile filter fabric, sand and engineered wood fibers out of the way pnor to the start of v:ork to minimize its contamination during construction and shall be responsible to place it back after completion of our work. Customer acknowledges that some damage to the existing rubber tiles or PIP rubberized surfacing or artificial turf may occur due to our work and the use of machinery, regardless of vanous protection methods used Customer shall be responsible for the cost of its repair or replacement, if damage occurs. 27 REPAIRS: If any part of the project requires repairs (dunng or after completion) and becomes a safety concern, Customer shall close site immediately and property barricade the site until repairs are made 28 RETURNS Equipment. matenals associated with this Contract are highly customized and shall be considered Non-Retumable Once the Contact is signed and equipment, matenals and services are ordered, it r Pacific Play Systems, Inc. - 3288 Grey Hawk Court, Carlsbad, CA 92010. J� Phone 760-599-7355 - California Contractors Uc. #957776 Exhibit A 250 Page 8 of 14 cannot be cancelled No Returns or Substitutions are permitted under this Contract, unless agreed to in 'hTding by Pacific Play Systems, Inc. If Pacific Play Systems, Inc. agrees to a change involving a reduction in the Scope of Work or the Contract Sum after the award of Contract, Pacific Play Systems. Inc shall be entitled to charge the Customer a fee 30% of the cost of items deleted for the time and effort put forth into processing those items Additionally, any discounts associated with the deleted items shall be reversed. 29 SEVERABILITY Any terns or provision of this Contract that is invalid or unenforceable in any situation in any junsdiction shall not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision m any other situation or in any other lunsdictan 30 SHADE STRUCTURES: Shade structures, shade sails, umbrellas, shelters and canopies ( hereafter referred to as Shade Structures) included in the Scope of Work (d any) are non -engineered (no calculations or engineering drawings are provided). non-structural (not rated for fire, wind or earthquakes), unless otherwise noted in writing Non -engineered, non-structural Shade Structures are considered temporary structures and will not be suitable for installation at locations that require obtaining a permit It shall be Customer's responsibility to determine if a permit is required for these Shade Structures and communicate same with Pacific Play Systems, Inc in writing, prior to executing this Contract so that Shade Structures can be designed, fabricated and priced accordingly for the structural upgrades needed for engineered structures so that a permit can be obtained by others Unless othermse noted, if Pacific Play Systems, Inc is instructed to obtain a permit, all associated engineering costs shall be billed at cost plus 20% as well as staff time at the rate of S 1201hour, plus all applicable costs, permit fees, etc 31 SITE WORK Site work includes all work that is needed to prepare the site for the installation of equipment and materials Site work includes. but is not limited to demo. hauling. grading, installation of site materials, sub- base. drainage, curving, sidewalks. creating sufficient space to accommodate the Use Zone of the equipment, etc. If site work is excluded from the Scope of Work: A Customer shall prepare site so that A is ready for Pacific Play Systems, Inc. to move in. B It shall be Customer's responsibility to coordinate site requirements with Pacific Play Systems, Inc. and provide the proper rough grade elevation in order to have the site ready for installation C. If site is determined to not be ready upon move -in by Pacific Play Systems, Inc and additional move -ins become necessary. a S2,000 - S2.500 extra move -in charge shall apply for each additional move -in and Customer shall become responsible for the safety of the site and for the safekeeping of the equipment and materials that are delivered to the pb site until Pacific Play Systems. Inc. is able to return and re -start installation. Additionally, project delays due to unavailability of installers may occur I demobilization becomes necessary Some damage to existing grounds, pavement and landscaping shall be expected due to Pacific Play Systems. Inc 's operations Unless otherwise noted in writing, repairs to underground utilities, landscaping and irgation system are excluded from Pacific Play Systems, Inc.'s scope of work and shall be Customers responsibility. Pacific Play Systems. Inc 's liability for cleaning marks (tire marks, etc.) on pavement shall be limited to power washing 32 SLAB All concrete slabs associated with the Scope of Work (if any), shall be 4" nominal (3 12- thick) without any reinforcement, unless othernnse noted. 33. SUCCESSION & ASSIGNMENT This Contract shall be binding upon and inure to the benefit of the Parties named herein and their respective successors and permitted assigns A Party may not assign either this Contract or anv of Is rights. interests, or obligations hereunder without the pnor wTTtten approval of the other Party. Customer shall rat assign this Contract to any third -party implementation agencies such as property management companies, contract compliance agencies, etc. without the pnor written consent of Pacific Play Systems. Inc. Pacncc Play Systems, Inc. - 3288 Grey Hawk Court. Carlsbad, CA 92010. Phone 760-599-7355 - California Contractors tic 9957776 Exhibit A 251 Page 9 of 14 34 STORAGE FEES If a project is delayed for any reason due to factors beyond Pacific Play Systems, Inc. control, Customer agrees to pay storage fees for equipment -which has already been manufactured at cost plus 15% for storage rental or 5250-5500 per month (cost vanes based on space required and may be more for larger projects) for equipment stored at our warehouse or at the manufacturer If a free standing storage container becomes necessary to secure the equipment on site, Customer shall provide the space for it and become responsible for covering its cost at the rate of cost plus 20% plus unloading costs due to the additional mobilization to unload the equipment and forklift rental. 35. SUB -BASE PIP rubberized surfacing, bles or artificial turf require either a concrete slab sub -base or a 90- 95% compacted Class II or crushed aggregate subbase When replacing an existing surface (PIP, rubber bles or turf). it is difficult to know what kind of subbase is installed underneath the existing surface or 4 that sub -base is suitable for the installation of the new surfacing, without removing the exisbng surface and damaging rt Unless otherwise noted in our Contract. if during work, it becomes clear that the existing sub -base is not suitable for the Installation of the new surfacing and requires repairs. removal and/or replacement. cost associated with this work shall be extra (via a change order) and shall be billed at our cost plus 20% Customer shall be notified of this condition and the associated cost to remedy it. once discovered If additional work becomes necessary. Customer shall execute a change order for the additional scope without delay so that work can proceed timely. If an additional move -in becomes necessary due to Customer having this work done by others. an additional move in cost shall be added to our Contract. 36 SUB -CONTRACTORS Pacific Play Systems, Inc reserves the right to use subcontractors to perform labor without pnor consent from the Customer as long as subcontractors used are licensed and insured Subcontractors insurance limit is limited to S 1 M for General Liability Insurance, $2M General Aggregate 37 TERMINATION This Contract shall not be terminated by either party without material cause Pacific Play Systems, Inc. may terminate this Contract with Customer for lack of payment and for other matenal breach, if not cured within 10 days of receipt of a written notice to Customer If this Contract is terminated by any party for any reason. Customer shall remain fully liable for the cost of equipment and materials ordered, administrative and other time spent on the project and for services rendered to the full extent allowed by law. 38 TESTING Unless specifically noted in contract, cost of any testing such as CPSI, surfacing HIC testing, sal testing, etc. shall be extra HIC testing for PIP or turf shall not occur until the surface has a minimum of ten (10) days to cure 39 UNFORESEEN CONDITIONS. Unforeseen conditions include, but are not limited to, having to deal with. modify or repair underground utilities (water, sever, gas, electnaty, irrigation lines & wiring, data, phone, drainage lines, etc ) found during excavation Unforeseen Conditions shall also include having to excavate or remove boulders, rocks, rocky soil, etc that cannot be cored through with a standard Bobcat, augur or excavated rvrth a shovel and requires the use of a jack hammer or other means Other examples of Unforeseen Conditions include unexpected items found during excavation that were rid obvious or not disclosed by Customer, such as discovery of unsuitable soil conditions, existing footings, curbing, border, pavement, tree roots, filter fabnc, etc. found during the excavation for new footings, unless removal of these items was clearly noted in the Scope of Work. Finally, Unforeseen Conditions shall include any factors and/or conditions that adversely affect the cost of the project which were not disclosed by Customer in writing prior to the signing of this Contract Cost of dealing with unforeseen conditions shall become extra and shall be added to the Contract sum at the rate of Pacific Play Systems. Inc 's cost plus 20%. Customer shall indemnify Pacific Play Systems, Inc. from any liability associated with damage to underground utilities due to Unforeseen Conditions. 40 UTILITIES Utilities include but are not limited to water. sewer, gas, electricity, irrigation lines & wiring, data. phone, drainage lines, etc To minimize damage to utilities, Customer shall mark. cap or relocate all underground Pacific Play Systems. Inc. - 3288 Grey Hawk Court, Carlsbad, CA 92010, ` Phone 760-599-7355 - Califomia Contractors Lie. 9957776 Exhibit A 252 Page 10 of 14 utilities that are located within the work area, prior to the start of work. Pacific Play Systems. Inc and Its subcontractors shall do their best to minimize damage to underground utilities that are identified by the Customer prior to the start of construction However, should unintended damage occur due to site operations. repairs or relocation of underground utilities shall be excluded from the scope of our work. If utilities are damaged or have to be relocated, Customer shall repair, replace or relocate them at Customer's cost as soon as possible to minimize delays. At Customer's request, repairs may be made to damaged utilities by Pacific Play Systems, Inc or its subcontractors at an additional cost of actual cost plus 20% 41. UTILITY LOCATING SERVICE For projects requiring excavation, prior to the start of work. Customer shall either clearly mark underground utilities and their depth. hire a utility locating service to locate them or authorize Pacific Play Systems, Inc. to hire a utility locating service to do so. Locating underground utilities Is not an exact science and sometimes they are missed by utility locating companies or locations are not accurate, leading to unintended damage during excavation Also, PVC or plastic pipes cannot be detected by these companies. Therefore, some potential damage to utilities should be expected If utilities are damaged. Customer shall hold Pacific Play Systems. Inc , its subcontractors, employees and officers harmless as it relates to any potential damages or liabihties If underground utilities are damaged, regardless of whether a utility locating service was hired or not. Customer shall be responsible for the cost of their repair. replacement or relocation. 42. WARRANTY Equipment warranties are provided by equipment manufacturers and not by Pacific Play Systems, Inc. Material warranties are provided by the supplier of materials and not by Pacific Play Systems, Inc. When available, Pacific play Systems. Inc. shall provide copies of equipment and material warranties to Customer upon request. Pacific Play Systems, Inc. shall warrant all Labor provided in the Scope of Work for a period of one year from the date of completion. Customer acknowledges that moving parts (spinners, zip lines, track ndes, rope connections, swings, etc ) require regular maintenance in order to stay operational Pacific Play Systems. Inc shall not be responsible for the maintenance of these items which may involve tightening of bolts, connections. etc Any seance calls required to maintain moving parts (even during the one-year labor warranty) shall be billed to Customer at cost plus 20% Zip lines require additional maintenance to operate property and shall be regularly maintained by the Customer. Pacific Play Systems. Inc. - 3288 Grey Hawk Court, Carlsbad, CA 92010, Pow .'�- YNA Phone 760-599-7355 - California Contractors L,c. "57776 Exhibit A 253 Page 11 of 14 ADDENDUM TO AGREEMENT Re: Scope of Services If the Scope of Services include construction, alteration, demolition, installation, repair, or maintenance affecting real property or structures or improvements of any kind appurtenant to real property, the following apply: 1. Prevailing Wage Compliance. If Contracting Party is a contractor performing public works and maintenance projects, as described in this Section 1.3, Contracting Party shall comply with applicable Federal, State, and local laws. Contracting Party is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Sections 16000, et seq., (collectively, the "Prevailing Wage Laws"), and La Quinta Municipal Code Section 3.12.040, which require the payment of prevailing wage rates and the performance of other requirements on "Public works" and "Maintenance" projects. If the Services are being performed as part of an applicable "Public works" or "Maintenance" project, as defined by the Prevailing Wage Laws, and if construction work over twenty- five thousand dollars ($25,000.00) and/or alterations, demolition, repair or maintenance work over fifteen thousand dollars ($15,000.00) is entered into or extended on or after January 1, 2015 by this Agreement, Contracting Party agrees to fully comply with such Prevailing Wage Laws including, but not limited to, requirements related to the maintenance of payroll records and the employment of apprentices. Pursuant to California Labor Code Section 1725.5, no contractor or subcontractor may be awarded a contract for public work on a "Public works" project unless registered with the California Department of Industrial Relations ("DIR") at the time the contract is awarded. If the Services are being performed as part of an applicable "Public works" or "Maintenance" project, as defined by the Prevailing Wage Laws, this project is subject to compliance monitoring and enforcement by the DIR. Contracting Party will maintain and will require all subcontractors to maintain valid and current DIR Public Works contractor registration during the term of this Agreement. Contracting Party shall notify City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contracting Party's or any of its subcontractor's DIR registration status has been suspended, revoked, expired, or otherwise changed. It is understood that it is the responsibility of Contracting Party to determine the correct salary scale. Contracting Party shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contracting Party's principal place of business and at the project site, if any. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contracting Party must forfeit to City TWENTY-FIVE DOLLARS ($25.00) per day for each worker who works in excess of the minimum working hours when Contracting Party does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day. Contracting Party also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et seq., including Section 1776. In addition to the other indemnities provided under this Agreement, Contracting Party shall defend (with counsel selected by City), indemnify, and hold City, Exhibit A 254 Page 12 of 14 its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It is agreed by the parties that, in connection with performance of the Services, including, without limitation, any and all "Public works" (as defined by the Prevailing Wage Laws), Contracting Party shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Contracting Party acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Contracting Party shall require the same of all subcontractors. 2. Retention. Payments shall be made in accordance with the provisions of Article 2.0 of the Agreement. In accordance with said Sections, City shall pay Contracting Party a sum based upon ninety-five percent (95%) of the Contract Sum apportionment of the labor and materials incorporated into the Services under this Agreement during the month covered by said invoice. The remaining five percent (5%) thereof shall be retained as performance security to be paid to Contracting Party within sixty (60) days after final acceptance of the Services by the City Council of City, after Contracting Party has furnished City with a full release of all undisputed payments under this Agreement, if required by City. In the event there are any claims specifically excluded by Contracting Party from the operation of the release, City may retain proceeds (per Public Contract Code § 7107) of up to one hundred fifty percent (150%) of the amount in dispute. City's failure to deduct or withhold shall not affect Contracting Party's obligations under the Agreement. 3. Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunk -line utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contracting Party for any costs incurred in locating, repairing damage not caused by Contracting Party, and removing or relocating such unidentified utility facilities. Contracting Party shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities. 4. Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply: (a) Contracting Party shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contracting Party believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement. Exhibit A 255 Page 13 of 14 (b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contracting Party's cost of, or the time required for, performance of any part of the work shall issue a change order per Section 1.8 of the Agreement. (c) in the event that a dispute arises between City and Contracting Party whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contracting Party's cost of, or time required for, performance of any part of the work, Contracting Party shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. Contracting Party shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting Parties. 5. Safety. Contracting Party shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contracting Party shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 6. Liquidated Damages. Since the determination of actual damages for any delay in performance of the Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contracting Party shall be liable for and shall pay to City the sum of One Thousand dollars ($1,000.00) as liquidated damages for each working day of delay in the performance of any of the Services required hereunder, as specified in the Schedule of Performance. In addition, liquidated damages may be assessed for failure to comply with the emergency call out requirements, if any, described in the Scope of Services. City may withhold from any moneys payable on account of the Services performed by Contracting Party any accrued liquidated damages. Exhibit A 256 Page 14 of 14 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed Three -Hundred Fifty -Five Thousand, Seven - Hundred and Eighty Dollars ($355,780) ("Contract Sum"). The Contract Sum shall be paid to Contracting Party in one lump sum (minus 5% retention) on completion of installation and satisfactory CPSI inspections in the 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. PURCHASE ORDER I custwrw I Project I Adana Park Tether BaA Estimate• 2D25.305 City of La Quince 79495 Calle Tampico, Ode 2/27/2025 La Quinta, CA 92253 Terms trlt VWMfor I 310Days Desaiplion Adams Park Tetherball Quote Is not valid by itsek must be signed together with Estimate 1102025-265. Scope of Work Supply equipment and/or materials as outlined below No labor of any kind or any other products and/or services are included in this proposal, unless it is clearly noted per below Playcraft PC1701 TetherballPowdercoated,in-groundfooting Freight costs, to be shipped with equipment from Esbmatea2025.265 Processing fees, No Charge Sub -total Terms: Net 30 Exclusions: 1. Labor of any kind, installation & handling. 2 Dealing with 3rd party entities such as lenders, management companies, contract compliance companies. 3 Scope of work only includes items that are clearly listed above and excludes anything that is not clearly listed_ We are pleased to submit this Purchase Agreement (hereafter referred to as Agreement) for your review and approval To place an order, please sign and return a copy to us By signing below, you (the Purchaser) acknowledge that you are entering into a binding contract with Pacific Play Systems, Inc. for the Scope of Work outlined in this Agreement and agree to its terms and conditions All payments are due per terms outlined in this agreement. Past due balances are subject to an annual interest rate of 18%. if timely payments are not made by Purchaser and collection becomes necessary, Pacific Play Systems, Inc. shall be entitled to collect interest and all reasonable costs incurred to the extent allowed by law. ACCEPTED By: Purchaser (Company Signature Date Accepted: Signed By _ i Pacific Play Systems, Inc Date accepted Signature. Signed By Contractors License a9S7776. Classifications A. B, C61-D12, C61-D-34 CA Sale lax, Lake Elsinore Attatited Exhibit B (Terms and Conditions) shall be made a part of this Contract a) 66700 667 OOT 354.64 354.64 CIM 000 1,021.64 SIM S&36 Total $1,0lDAf) Exhibit B Page 1 of 4 257 CONTRACT Customer Contractor Project Adams Park PUacific Play Sysr' m It Pacific Play Systems, Inc Date 2/27/2025 City of La Quinta 78495 Calle Tampico, Contractor Lic. # 957776 Terms Net 30 Valid for 30 Days La Quinta, CA 92253 Class A/B/C61/D34/D12 Phone (760) 599-7355 www pacdmplayinc c - r Est. No. 2025-265 Description Oty Rate Total Scope of Work Provide, equipment, materials and services as outlined per below Playcraft R501`307FA, Custom 5" OD Steel Play System, 5-12 age -group 1 73,788.00 73,788.00T Playcraft R50DAA4BA, Custom 5" OD Steel Play System, 2-5 age -group 1 41,568.00 41,568.00T Playcraft PC 2496-SL Inclusive Merry -Go -Round, 2-12 age -group 1 8,284.00 8,284,OOT Playcraft PC 4232 Spring Max Turbo Totter, 2-12 age -group 1 11,948 00 11,948.00T Playcraft PC2479, Mini -go -round, 2-12 age -group 1 3,192.00 3,192.00T Playcraft Musical Caterpillar 1 4,669.00 4,669.00T Playcraft Musical Lilypad Cymbals w/ Steel Post 1 4,48100 4,481.00T Playcraft Musical Bossa Nova Drum Set 1 7,762.00 7,762.00T Playcraft Dino Panel, ground 1 2,145.00 2,145.00T Playcraft Sensory Play Wall Dynamic Inclusive Panels 1 6,404.00 6,404.00T Playcraft PC 2220 Dash Driver 1 1,067.00 1,067.00T Playcraft PC 1600 Tilt Maze Game 1 1,57300 1,573.00T Playcraft PC2123, 7' Arch Swing with 2 playshare seat and 1 inclusive seat, 2 -12 age -group 1 9,057.00 9,057.00T Playcraft PC2123, 7' Arch Swing with 2 playshare with toddler attachment seat and 1 1 9,05700 9,057.00T inclusive seat, 2 -12 age -group Playcraft PC1303, Safety Sign, 5-12 age -group 1 1,246.00 1,246A0T Playcraft PC1302, Safety Sign, 2-5 age -group 1 1,246.00 1,246.00T Play Soft Engineered Wood Fibers (EWF) at approx 18", cost per cubic yard 480 4635417 22,250.00T Sub -total 209,737.00 CMAS discount, contract # 4-19-78-0095A -20,980.00 -20,980.00 Sub -total of equipment and materials 198,757.00 Site prep: 1 6,40000 6,40000 Mobilization, unloading and receiving new playground equipment, storage container, etc. ' Demo and removal of existing equipment and materials are excluded. Install: 1 110, 250.00 110.250.00 Installation labor, playground equipment at 2 play areas with standard manufacturer's in -ground concrete footings and independent panels over concrete with surface -mount footings, using Factory Certified Installers and EWF surfacing at 18" depth. Sub -total of site prep and install 116,650.00 Freight costs, playground equipment 1 8,226.76 8,226.76 Freight costs, engineered wood fibers, cost per CY 430 20.00 9,600.00 Attached Exhibit A (Terms and (onditions) shall be made a part of this Contract. Total 258 -2- CONTRACT Customer Contractor Project Adams Park Pacific Play Systems. /nr- Pacific Play Systems, Inc. Date 2/27/2025 City of La Quinta 78495 Calle Tampico, Contractor Lic. tt 957776 Terms Net 30 Valid for 30 Days La Quinta, CA 92253 Class A/B/C61/D34/D12 Phone (760) 599-73SS www paciricpuyinc.com Est. No. 2025-265 Description Qty, Rate Total NSP Item: Project coordination, CPSI inspection, overhead costs i 14,950.00 14,950,00 Additional Services: - If payment and performance bonds are needed, add $6,000 to total amount Initials here to add PAYMENT TERMS: Net 30 EXCLUSIONS This Contract only covers the cost of equipment, materials and services that are clearly outlined in the Scope of Work. All other equipment, materials and/or services that are not clearly outlined in this quotation are excluded. Exclusions include, but are not limited to the following: 1. Additional services, temporary fencing, site work (demo, hauling, grading, drainage, site drains, curbing, border, sidewalks, pavement, striping, etc.), filter fabric, site materials, site furnishings (shade, benches, picnic tables, trash receptacles, etc ). ADA accessible path of travel, payment and performance bond, builders risk insurance, engineering calculations, stamped engineered drawings or drawings by a licensed architect, etc 2. Inspection costs, testing and outside testing agencies, special inspections, survey work of any kind, fencing, swpps, barricades, traffic control, flagging, erosion control, dust control, removal of hazardous materials or contaminated soils, digging through rock and rocky soils. 3, Modifications or repairs to the existing landscaping or irrigation system is excluded. Irrigation lines (if any) found during the excavation will be capped off. Owner shall be responsible for removal, replacement or repairs to the irrigation lines or utility lines encountered during the excavation process at owner's cost. 4. Additional move -in costs, if required (only one move -in cost is included in this quote), dealing with unforeseen conditions and extra work required as a result of these conditions and anything else that is not dearly outlined in this Contract- See Exhibit A, Terms and Conditions for a description of Unforeseen Conditions LABOR RATES. Prevailing Wage Rates attached Exhibit A (Terms and Conditions) shall he made a part of this Contract. Total 259 -3- CONTRACT Customer Contractor Project Adams Park Pacific Play Systems. Ilrcc Pacific Play Systems, Inc Date 2/27/2025 City of La Quinta 78495 Calle Tampico, Contractor Lic. is 957776 Terms Net 30 Valid for 30 Days La Quinta, CA 92253 Class A/B/C61/D34/D12 Phone (760) 599-7355 *VV* pacrficpUyrnc.com Est, N,,T 2025-265 Description Oty Rate Total Required Statement for California Projects: Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a latent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License Board, P_O_ Box 26000, Sacramento, California 95826 This Contract is executed between Pacific Play Systems, Inc., a California corporation and Customer (also referred to as Owner), identified in the Customer section of this Contract. Either Customer or Pacific Play Systems, Inc. may be referred to as Party, together as Parties. The purpose of this Contract is for Pacific Play Systems, Inc. to provide Customer with equipment, materials and/or services as outlined in the Scope of Work section of this Contract in exchange for the sum of money as outlined in this Contract. By signing below, both Parties acknowledge that they are entering into a legally binding Contract, which includes Exhibit A. Customer acknowledges the receipt and review of Exhibit A (Terms and Conditions) which shall be made a part of this Contract and enforceable to the full extent allowed by law. ACCEPTED BY CUSTOMER: Customer's Name Date accepted Signature: Signed By: ACCEPTED BY PACIFIC PLAY SYSTEMS, INC.: Federal Tax I.D. 4: 27-4620108 - DIR No. 1000012253 Date accepted: California Contractors License #957776, Classifications A, B, C61-D12, C61-D34 Signature: Signed By: CA Sales Tax, Lake Elsinore 8 75% 16,516.24 Attached Exhibit A (Terms and Conditions) shall be made a part of this Contract. Total $3S4,700.00 -4- 260 Exhibit C Schedule of Performance Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, in accordance with the Project Schedule, attached hereto and incorporated herein by this reference. Work shall commence on an agreed upon date on or around April 5,2025, and terminate on completion and acceptance of installation on or before September 1, 2025. Exhibit C 261 Page 1 of 1 Exhibit D Special Requirements Contractor is responsible to pull required City permits (fees will be waived) and schedule required inspections. Contractor is responsible to pay re -inspection fees if incurred should the work not be completed in time for the inspection as called in by the contractor. Contractor is responsible to ensure all measurements are accurate. Contractor is responsible for mobilization, storage of materials, and any required pedestrian and/or traffic control. Contractor is to coordinate installation of play equipment following installation of new shade structures to be installed by USA Shade. Exhibit D 262 Page 1 of 1 Exhibit E Insurance Requirements E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A -VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Must include the following endorsements: General Liability Additional Insured General Liability Primary and Non-contributory Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Auto Liability Additional Insured Personal Auto Declaration Page if applicable Workers' Compensation (per statutory requirements) Must include the following endorsements: Workers Compensation with Waiver of Subrogation Workers Compensation Declaration of Sole Proprietor if applicable Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party's acts or omissions rising out of or related to Contracting Party's performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party's performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder. Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contracting Party's performance under this Agreement. If Contracting Party or Contracting Party's employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such Exhibit E 263 Page 1 of 5 person. The term "automobile" includes, but is not limited to, a land motor vehicle, trailer or semi -trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party's performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Contracting Party shall carry Workers' Compensation Insurance in accordance with State Worker's Compensation laws with employer's liability limits no less than $1,000,000 per accident or disease. If coverage is maintained on a claims -made basis, Contracting Party shall maintain such coverage for an additional period of three (3) years following termination of the contract. Contracting Party shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self -insured retention is increased. In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party's obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. E.2 Remedies. In addition to any other remedies City may have if Contracting Party fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contracting Party to stop work under this Agreement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party demonstrates compliance with the requirements hereof. C. Terminate this Agreement. Exercise any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party's failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party's or its subcontractors' performance of work under this Agreement. E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party: Exhibit E 264 Page 2 of 5 1. Contracting Party agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party's employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contracting Party shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all the coverages required and an additional insured endorsement to Contracting Party's general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City. 9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Exhibit E 265 Page 3 of 5 Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Contracting Party agrees not to self -insure or to use any self -insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self -insure its obligations to City. If Contracting Party's existing coverage includes a deductible or self -insured retention, the deductible or self -insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 11. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contracting Party ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contracting Party, the City will negotiate additional compensation proportional to the increased benefit to City. 12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 13. Contracting Party acknowledges and agrees that any actual or alleged failure on the part of City to inform Contracting Party of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 14. Contracting Party will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party's insurance agent to this effect is acceptable. A certificate of insurance and an additional insured endorsement is required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. Exhibit E 266 Page 4 of 5 16. The provisions of any workers' compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents. 17. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive. 18. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 19. The requirements in this Exhibit supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 20. Contracting Party agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contracting Party for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 21. Contracting Party agrees to provide immediate notice to City of any claim or loss against Contracting Party arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Exhibit E 267 Page 5 of 5 Exhibit F Indemnification F.1 Indemnitv for the Benefit of a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Contracting Party's Services, to the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officials, employees, and agents ("Indemnified Parties") from and against any and all claims, losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party. b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contracting Party shall indemnify, defend (with counsel selected by City), and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contracting Party or by any individual or entity for which Contracting Party is legally liable, including but not limited to officers, agents, employees, or subcontractors of Contracting Party. C. Indemnity Provisions for Contracts Related to Construction (Limitation on Indemnity). Without affecting the rights of City under any provision of this agreement, Contracting Party shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City's active negligence accounts for only a percentage of the liability involved, the obligation of Contracting Party will be for that entire portion or percentage of liability not attributable to the active negligence of City. Exhibit F 268 Page 1 of 2 d. Indemnification Provision for Desian Professionals. 1. Applicability of this Section F.1(d). Notwithstanding Section F.1(a) hereinabove, the following indemnification provision shall apply to a Contracting Party who constitutes a "design professional" as the term is defined in paragraph 3 below. 2. Scope of Indemnification. When the law establishes a professional standard of care for Contracting Party's Services, to the fullest extent permitted by law, Contracting Party shall indemnify and hold harmless City and any and all of its officials, employees, and agents ("Indemnified Parties") from and against any and all losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses, including, without limitation, incidental and consequential damages, court costs, reimbursement of attorneys' fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party. 3. Design Professional Defined. As used in this Section F.1(d), the term "design professional" shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Exhibit F, as applicable to the Contracting Party, from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contracting Party in the performance of this Agreement. In the event Contracting Party fails to obtain such indemnity obligations from others as required herein, Contracting Party agrees to be fully responsible according to the terms of this Exhibit. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth in this Agreement are binding on the successors, assigns or heirs of Contracting Party and shall survive the termination of this Agreement. Exhibit F 269 Page 2of2 270 City of La Quinta - Adams Park SITE PLAN i PROJECT # DATE PAC24APrev 2/20/2025 ADA ACCESSIBILITY GUIDELINES - ADAAG CONFORMANCE ELEVATED ACCESSIBLE RAMP ACCESSIBLE GROUND TYPES 17 16/9 0/0 33/6 24/3 ATTACHMENT 2 0 10 40 30 40 50 1& Initial hereto accept the orientation of the play equipment Pacific Play Systems, Inc. MIN. USE ZONE 135' x 67' (40.97m x 20.244m) FOR KIDS AGES [Mixed] GENERAL NOTES This Preliminary Site Plan is based on measurements that were provided in the initial planning phase. All dimensions must be verified prior to the submission of a purchase order. Playcraft Systems will not be held responsible for any discrepancies between actual dimensions and dimensions submitted in the planning phase. The Minimum Use Zone for a play structure is based on the product design at the time of proposal. Components and structure designs may be subject to change which may affect dimensions. Therefore, before preparing the site, we strongly recommend obtaining final drawings from the factory (available after the order is placed and included in the Assembly Manual). WARNING: Accessible safety surfacing material is required beneath and around this equipment that has a critical height value (Fall Height) appropriate for the highest accessible part of this equipment. Refer to the CPSC'S Handbook For Public Playground Safety, Section 4: Surfacing. PLAYCRAFTw PLAYCORE coma.ny 271 City of La Quinta - Adams Park SITE PLAN 3D of ADA ACCESSIBILITY GUIDELINES - ADAAG CONFORMANCE FOR KIDS ELEVATED ACCESSIBLE 17 16/9 RAMP ACCESSIBLE GROUND TYPES MIJAGS0/0 33/6 24/3 MIXed] GENERAL NOTES This Preliminary Site Plan is based on measurements that were provided in the initial planning phase. All dimensions must be verified prior to the submission of a purchase order. Playcraft Systems will not be held responsible for any discrepancies between actual dimensions and dimensions submitted in the planning -- _ phase. The Minimum Use Zone for a play structure is based on the _ � i' � product design the time of �► _� proposal. Components and �. structure designs may be subject to change which may \ - ; affect dimensions. Therefore, before preparing the site, we _ strongly recommend obtaining final drawings from the factory 1 M(available after the order is * j { IN placed and included in the Assembly Manual). WARNING: Accessible safety surfacing material is required beneath and around this equipment that has a critical height value (Fall Height) appropriate for the highest accessible part of this equipment. Refer to the -� CPSC'S Handbook For Public - Playground Safety, Section 4: ,. Surfacing. PROJECT # PAC24APrev Pacific Play Systems, Inc. DATE 2/20/2025 MIN. USE ZONE 135' x 67' (40.97m x 20.244m) PLAYCRAFT® w PL YCORE C—wv City of La Quinta - Adams Park TOP VIEW Match Spin Game Cyder Panel Pal (below) Playseat (below) Labyrinth Panel 72" Trip TwisterJ J80- 6U' Slide a' vertical FLEX Ball, 0 Ladder 20in Halt ® � (Premium) @ FLEX Ball O O 281n a� (Premium) FLEX Ball. 28in Hall Inclined (Premium) Grip Wall STRUCTURE # R50F307FA PROJECT # PAC24APrev DATE 2/19/2025 Twister Spiral Slide Mfall w1 / o Telescope / O O O o � O Burma 14 O 0 Ring Pull - Up ADA ACCESSIBILITY GUIDELINES - ADAAG CONFORMANCE ELEVATED ACCESSIBLE RAMP ACCESSIBLE GROUND TYPES 10 9/5 0/0 6/3 3/3 CHILD CAPACITY 91 MAX FALL HEIGHT 72 M Poly Wave Slide Pinball Panel Thunder Climber rI 0 00 o � O� 0 Vertical Step Climber 3N ri ADA Transfer Station Pacific Play Systems, Inc. MIN. USE ZONE 54' x 35' (16.188m x 10.52m) Sway -Step Grip Traverse FOR KIDS AGES 5-12 GENERAL NOTES This conceptual plan is based on information provided prior to construction. Detailed site information, including the following, should be obtained, evaluated, and utilized in the final project design. Exact site dimensions, topography, existing utilities, soil conditions and drainage solutions. WARNING: Accessible safety surfacing material is required beneath and around this equipment that has a critical height value (Fall Height) appropriate for the highest accessible part of this equipment. Refer to the CPSC'S Handbook For Public Playground Safety, Section 4: Surfacing. 76VPLAYCRAFT° A PLAYCORE com —y 27 City of La Quinta - Adams Park SW VIEW STRUCTURE # R50F307FA PROJECT # PAC24APrev DATE 2/19/2025 PLAYCRAFT® A PLAYCORE 77dcomw�r City of La Quinta - Adams Park STRUCTURE # R50F307FA PROJECT # PAC24APrev DATE 2/19/2025 PLAYCRAFT® • PIAYCORE comp--r City of La Quinta - Adams Park FOR KIDS NE VIEW AGES 5-12 1 STRUCTURE # R50F307FA PLAYCRAFT® PROJECT # PAC24APrev DATE 2/19/2025 •PLAYCOREcempuw 27 City of La Quinta - Adams Park NW VIEW STRUCTURE # R50F307FA PROJECT # PAC24APrev DATE 2/19/2025 PLAYCRAFT® • PIAYCORE comwnr City of La Quinta - Adams Park TOP VIEW Deluxe Grip Climber Triple Twister Slide STRUCTURE # R50DAA4BA PROJECT # PAC24APrev DATE 2/19/2025 ADA ACCESSIBILITY GUIDELINES - ADAAG CONFORMANCE ELEVATED ACCESSIBLE RAMP ACCESSIBLE GROUND TYPES 7 7/4 0/0 6/2 4/2 CHILD CAPACITY 67 MAX FALL HEIGHT 48 Transfer Station Solo Music Panel 'e (below) Pacific Play Systems, Inc. MIN. USE ZONE 38' x 35' (11.42m x 10.501 m) Quarter Turn Slide FOR KIDS AGES 2-5 GENERAL NOTES This conceptual plan is based on information provided prior to construction. Detailed site information, including the following, should be obtained, evaluated, and utilized in the final project design. Exact site dimensions, topography, existing utilities, soil conditions and drainage solutions. WARNING: Accessible safety surfacing material is required beneath and around this equipment that has a critical height value (Fall Height) appropriate for the highest accessible part of this equipment. Refer to the CPSCS Handbook For Public Playground Safety, Section 4: Surfacing. r6w PLAYCRAFTw A PLAYCORE cornrow 278 City of La Quinta - Adams Park R ARA ROf i STRUCTURE # R50DAA4BA PROJECT # PAC24APrev DATE 2/19/2025 ri - '0;' PLAYCRAFT® • PIAYCORE comp--r City of La Quinta - Adams Park FOR KIDS SE VIEW AGES 2-5 i j � A r I i : Y Y '- STRUCTURE # R50DAA4BA PLAYCRAFT® PROJECT # PAC24APrev DATE 2/19/2025 •PLAYCOREcompany 280 City of La Quinta - Adams Park ► I *vj l ATM STRUCTURE # R50DAA4BA PROJECT # PAC24APrev DATE 2/19/2025 opm PLAYCRAFT® • PIAYCORE comp--r City of La Quinta - Adams Park STRUCTURE # R50DAA4BA PROJECT # PAC24APrev DATE 2/19/2025 PLAYCRAFT® • PIAYCORE comp--r City of La Quinta - Adams Park TOP VIEW STRUCTURE # 2 PROJECT # PAC24APrev DATE 2/19/2025 PC-2123 ARCH SWING BAY ADA ACCESSIBILITY GUIDELINES - ADAAG CONFORMANCE ELEVATED ACCESSIBLE RAMP ACCESSIBLE 0 0/0 0/0 CHILD CAPACITY 5 MAX FALL HEIGHT 96 PC-2123-1 ARCH SWING ADD BAY PLAYSHARE PLAYSHARE INCLUSIVE FRIENDS FRIENDS SWING SWING SEAT SWING SEAT SEAT Pacific Play Systems, Inc. MIN. USE ZONE 32' x 31' (9.614m x 9.246m) GROUND TYPES 3/0 1/0 FOR KIDS AGES 5-12 GENERAL NOTES This conceptual plan is based on information provided prior to construction. Detailed site information, including the following, should be obtained, evaluated, and utilized in the final project design. Exact site dimensions, topography, existing utilities, soil conditions and drainage solutions. WARNING: Accessible safety surfacing material is required beneath and around this equipment that has a critical height value (Fall Height) appropriate for the highest accessible part of this equipment. Refer to the CPSCS Handbook For Public Playground Safety, Section 4: Surfacing. k PLAYCRAFT� A PLAYCORE Como.+-r City of La Quinta - Adams Park STRUCTURE # 2 PROJECT # PAC24APrev DATE 2/19/2025 PLAYCRAFT® • PIAYCORE comwnr City of La Quinta - Adams Park TOP VIEW STRUCTURE # 5 PROJECT # PAC24APrev DATE 2/19/2025 PC-2123 ARCH SWING BAY ADA ACCESSIBILITY GUIDELINES - ADAAG CONFORMANCE ELEVATED ACCESSIBLE RAMP ACCESSIBLE 0 0/0 0/0 CHILD CAPACITY 5 MAX FALL HEIGHT 96 PC-2123-1 ARCH SWING ADD BAY INCLUSIVE PLAYSHARE PLAYSHARE SWING TOTS SWING SWING SEAT SEAT SEAT Pacific Play Systems, Inc. MIN. USE ZONE 32' x 31' (9.614m x 9.246m) GROUND TYPES 3/0 2/0 FOR KIDS AGES 2-5 GENERAL NOTES This conceptual plan is based on information provided prior to construction. Detailed site information, including the following, should be obtained, evaluated, and utilized in the final project design. Exact site dimensions, topography, existing utilities, soil conditions and drainage solutions. WARNING: Accessible safety surfacing material is required beneath and around this equipment that has a critical height value (Fall Height) appropriate for the highest accessible part of this equipment. Refer to the CPSCS Handbook For Public Playground Safety, Section 4: Surfacing. k PLAYCRAFT� A PLAYCORE Como.+-r City of La Quinta - Adams Park STRUCTURE # 5 PROJECT # PAC24APrev DATE 2/19/2025 PLAYCRAFT® • PIAYCORE comp--r City of La Quinta - Adams Park TOP VIEW STRUCTURE # 3 PROJECT # PAC24APrev DATE 2/19/2025 ADA ACCESSIBILITY GUIDELINES - ADAAG CONFORMANCE ELEVATED ACCESSIBLE RAMP ACCESSIBLE GROUND TYPES 0 0/0 0/0 1/0 1/0 CHILD CAPACITY 12 MAX FALL HEIGHT 24 INCLUSIVE MERRY- GO-ROUND 0 Pacific Play Systems, Inc. MIN. USE ZONE 20' x 20' (5.793m x 5.793m) FOR KIDS AGES 5-12 GENERAL NOTES This conceptual plan is based on information provided prior to construction. Detailed site information, including the following, should be obtained, evaluated, and utilized in the final project design. Exact site dimensions, topography, existing utilities, soil conditions and drainage solutions. WARNING: Accessible safety surfacing material is required beneath and around this equipment that has a critical height value (Fall Height) appropriate for the highest accessible part of this equipment. Refer to the CPSCS Handbook For Public Playground Safety, Section 4: Surfacing. � PLAYCRAFT� A PLAYCORE Como.+-r City of La Quinta - Adams Park FOR KIDS SW VIEW AGES 5-12 $ONO - STRUCTURE # 3 PLAYCRAFT® PROJECT # PAC24APrev DATE 2/19/2025 •PLAYCOREcomp-ft 288 City of La Quinta - Adams Park TOP VIEW STRUCTURE # 2 163018 PROJECT # PAC24APrev DATE 2/19/2025 ADA ACCESSIBILITY GUIDELINES - ADAAG CONFORMANCE ELEVATED ACCESSIBLE RAMP ACCESSIBLE GROUND TYPES 0 0/0 0/0 1/0 1/0 CHILD CAPACITY 2 MAX FALL HEIGHT 30 PC 2479 MINI -GO - ROUND Pacific Play Systems, Inc. MIN. USE ZONE 16' x 16' (4.666m x 4.666m) FOR KIDS AGES 2-5 GENERAL NOTES This conceptual plan is based on information provided prior to construction. Detailed site information, including the following, should be obtained, evaluated, and utilized in the final project design. Exact site dimensions, topography, existing utilities, soil conditions and drainage solutions. WARNING: Accessible safety surfacing material is required beneath and around this equipment that has a critical height value (Fall Height) appropriate for the highest accessible part of this equipment. Refer to the CPSCS Handbook For Public Playground Safety, Section 4: Surfacing. k PLAYCRAFT� A PLAYCORE Como.+-r City of La Quinta - Adams Park STRUCTURE # 2163018 PROJECT # PAC24APrev DATE 2/19/2025 PLAYCRAFT® • PIAYCORE comp--r City of La Quinta - Adams Park TOP VIEW STRUCTURE # 6 PROJECT # PAC24APrev DATE 2/19/2025 ADA ACCESSIBILITY GUIDELINES - ADAAG CONFORMANCE ELEVATED ACCESSIBLE RAMP ACCESSIBLE GROUND TYPES 0 0/0 0/0 1/0 1/0 CHILD CAPACITY 8 MAX FALL HEIGHT 72 PC 4232 SPRING MAX TURBO TOTTER Pacific Play Systems, Inc. MIN. USE ZONE 17' x 24' (4.937m x 7.145m) FOR KIDS AGES 5-12 GENERAL NOTES This conceptual plan is based on information provided prior to construction. Detailed site information, including the following, should be obtained, evaluated, and utilized in the final project design. Exact site dimensions, topography, existing utilities, soil conditions and drainage solutions. WARNING: Accessible safety surfacing material is required beneath and around this equipment that has a critical height value (Fall Height) appropriate for the highest accessible part of this equipment. Refer to the CPSCS Handbook For Public Playground Safety, Section 4: Surfacing. � PLAYCRAFT� A PLAYCORE Como.+-r City of La Quinta - Adams Park SW VIEW 0 STRUCTURE # 6 PROJECT # PAC24APrev DATE 2/19/2025 PLAYCRAFT® • PIAYCORE comp--r City of La Quinta - Adams Park TOP VIEW STRUCTURE # 7 PROJECT # PAC24APrev DATE 2/20/2025 ADA ACCESSIBILITY GUIDELINES - ADAAG CONFORMANCE ELEVATED ACCESSIBLE RAMP ACCESSIBLE GROUND TYPES 0 0/0 0/0 1/0 1/0 CHILD CAPACITY 2 MAX FALL HEIGHT 0 Dino Panel Pacific Play Systems, Inc. MIN. USE ZONE O' x 0' (Om x Om) FOR KIDS AGES 2-5 GENERAL NOTES This conceptual plan is based on information provided prior to construction. Detailed site information, including the following, should be obtained, evaluated, and utilized in the final project design. Exact site dimensions, topography, existing utilities, soil conditions and drainage solutions. WARNING: Accessible safety surfacing material is required beneath and around this equipment that has a critical height value (Fall Height) appropriate for the highest accessible part of this equipment. Refer to the CPSCS Handbook For Public Playground Safety, Section 4: Surfacing. N PLAYC�RAFT= n PLAYCORE Co'o y City of La Quinta - Adams Park STRUCTURE # 7 PROJECT # PAC24APrev DATE 2/20/2025 PLAYCRAFT® • PIAYCORE comp--r City of La Quinta - Adams Park TOP VIEW Sensory Play Wall Dynamic ADA ACCESSIBILITY GUIDELINES - ADAAG CONFORMANCE ELEVATED ACCESSIBLE RAMP ACCESSIBLE GROUND TYPES 0 0/0 0/0 5/0 5/0 CHILD CAPACITY 5 MAX FALL HEIGHT 0 STRUCTURE # 4 PROJECT # PAC24APrev Pacific Play Systems, Inc. DATE 2/19/2025 MIN. USE ZONE O' x 0' (Om x Om) FOR KIDS AGES 2-5 GENERAL NOTES This conceptual plan is based on information provided prior to construction. Detailed site information, including the following, should be obtained, evaluated, and utilized in the final project design. Exact site dimensions, topography, existing utilities, soil conditions and drainage solutions. WARNING: Accessible safety surfacing material is required beneath and around this equipment that has a critical height value (Fall Height) appropriate for the highest accessible part of this equipment. Refer to the CPSCS Handbook For Public Playground Safety, Section 4: Surfacing. N PLAYC�RAFT= A PLAYCORE Como.+-r • �J •• • 0lok • •• �••••o • •• • (Owl R5 S V S T E M S City of La Quinta - Adams Park ADA ACCESSIBILITY GUIDELINES -ADAAG CONFORMANCE ELEVATED OACOCESSIBLE ORAOMPACCESSIBLE GOROUND TTYOPES TOP VIEW O CHILD CAPACITY 0 MAX FALL HEIGHT 0 GENERAL NOTES This conceptual plan is based on information provided prior to construction. Detailed site information, including the following, should be obtained, evaluated, and utilized in the final project design. Exact site dimensions, topography, existing utilities, soil conditions and drainage solutions. WARNING: Accessible safety surfacing material is required beneath and around this equipment that has a critical height value CATR-I G Height) appropriate for for the highest accessible Caterpillar partthis equipment. Refer to the CPSC'S Handbook For Public Playground Safety, Section 4: Surfacing. STRUCTURE # PROJECT # 7_E6520 PAC24APrev Pacific Play Systems, Inc. �161; PLAYCRAFTv DATE 2/19/2025 MIN. USE ZONE O' x 0' (Om x Om) n PLAYCORE C.'o Y City of La Quinta - Adams Park [13TITAVl14TA STRUCTURE # 7 E6520 PROJECT # PAC24APrev DATE 2/19/2025 PLAYCRAFT® • PIAYCORE comp--r City of La Quinta - Adams Park ADA ACCESSIBILITY GUIDELINES -ADAAG CONFORMANCE ELEVATED OACOCESSIBLE ORAOMPACCESSIBLE GOROUND 1YOPES TOP VIEW O CHILD CAPACITY 0 MAX FALL HEIGHT 0 GENERAL NOTES This conceptual plan is based on information provided prior to construction. Detailed site information, including the following, should be obtained, evaluated, and utilized in the final project design. Exact site LPAD-I G-STL dimensions, topography, existing utilities, soil L I LYPAD conditions and drainage solutions. CYMBALS w/ WARNING: Accessible safety surfacing material is STEEL POST required beneath and around this equipment that has a critical height value (Fall Height) appropriate for the highest accessible part of this equipment. Refer to the CPSCS Handbook For Public Playground Safety, Section 4: Surfacing. 0 0 0 0 0 40 0 0 0 0 STRUCTURE # PROJECT # 7_E6520_D598D PAC24APrev Pacific Play Systems, Inc. 0161; PLAYCRAFTv DATE 2/19/2025 MIN. USE ZONE O' x 0' (Om x Om) n PLAYCORE C.'o Y City of La Quinta - Adams Park [13TITAVl14TA STRUCTURE # 7_E6520_D598D PROJECT # PAC24APrev DATE 2/19/2025 PLAYCRAFT® • PIAYCORE comp--r City of La Quinta - Adams Park TOP VIEW STRUCTURE # 7 E6520 D598D_2CFDD PROJECT # PAC24APrev DATE 2/19/2025 ADA ACCESSIBILITY GUIDELINES - ADAAG CONFORMANCE ELEVATED ACCESSIBLE RAMP ACCESSIBLE 0 0/0 0/0 CHILD CAPACITY 3 MAX FALL HEIGHT 0 DRUM-SET-MOSS-IG Bossa Nova Set 000 Pacific Play Systems, Inc. MIN. USE ZONE O' x 0' (Om x Om) GROUND TYPES 1/0 1/0 GENERAL NOTES This conceptual plan is based on information provided prior to construction. Detailed site information, including the following, should be obtained, evaluated, and utilized in the final project design. Exact site dimensions, topography, existing utilities, soil conditions and drainage solutions. WARNING: Accessible safety surfacing material is required beneath and around this equipment that has a critical height value (Fall Height) appropriate for the highest accessible part of this equipment. Refer to the CPSCS Handbook For Public Playground Safety, Section 4: Surfacing. N PLAYC�RAFT= n PLAYCORE Co'o y City of La Quinta - Adams Park [13TITAVl14TA STRUCTURE # 7_E6520_D598D_2CFDD PLAYCRAFT® PROJECT # PAC24APrev DATE 2/19/2025 •PIAYCOREcompany City of La Quinta - Adams Park TOP VIEW PC 2220 DASH DRIVER no STRUCTURE # 9 AD1A7 PROJECT # PAC24APrev DATE 2/19/2025 ADA ACCESSIBILITY GUIDELINES - ADAAG CONFORMANCE ELEVATED ACCESSIBLE RAMP ACCESSIBLE 0 0/0 0/0 CHILD CAPACITY 3 MAX FALL HEIGHT 0 PC 1600 TILT MAZE GAME Pacific Play Systems, Inc. MIN. USE ZONE O' x 0' (Om x Om) GROUND TYPES 2/0 2/0 FOR KIDS AGES 2-5 GENERAL NOTES This conceptual plan is based on information provided prior to construction. Detailed site information, including the following, should be obtained, evaluated, and utilized in the final project design. Exact site dimensions, topography, existing utilities, soil conditions and drainage solutions. WARNING: Accessible safety surfacing material is required beneath and around this equipment that has a critical height value (Fall Height) appropriate for the highest accessible part of this equipment. Refer to the CPSCS Handbook For Public Playground Safety, Section 4: Surfacing. N PLAYC�RAFT= n PLAYCORE Co'o y City of La Quinta - Adams Park FOR KIDS SW VIEW AGES 2-5 jol- STRUCTURE # 9_AD1A7 PLAYCRAFT® PROJECT # PAC24APrev •�� DATE 2/19/2025 •PLAYCOREcompany 4 City of La Quinta - Adams Park TOP VIEW STRUCTURE # 7 8EA64 PROJECT # PAC24APrev DATE 2/19/2025 ADA ACCESSIBILITY GUIDELINES - ADAAG CONFORMANCE ELEVATED ACCESSIBLE RAMP ACCESSIBLE 0 0/0 0/0 CHILD CAPACITY 0 MAX FALL HEIGHT 0 1303 AGE APPROPRIATE SIGN Pacific Play Systems, Inc. MIN. USE ZONE O' x 0' (Om x Om) GROUND TYPES 0/0 0/0 GENERAL NOTES This conceptual plan is based on information provided prior to construction. Detailed site information, including the following, should be obtained, evaluated, and utilized in the final project design. Exact site dimensions, topography, existing utilities, soil conditions and drainage solutions. WARNING: Accessible safety surfacing material is required beneath and around this equipment that has a critical height value (Fall Height) appropriate for the highest accessible part of this equipment. Refer to the CPSCS Handbook For Public Playground Safety, Section 4: Surfacing. N PLAYC�RAFT= n PLAYCORE Co'o y City of La Quinta - Adams Park [13TITAVl14TA STRUCTURE # 7 8EA64 PROJECT # PAC24APrev DATE 2/19/2025 '0;' PLAYCRAFT® • PIAYCORE comp--r City of La Quinta - Adams Park TOP VIEW STRUCTURE # 2 40138 PROJECT # PAC24APrev DATE 2/19/2025 ADA ACCESSIBILITY GUIDELINES - ADAAG CONFORMANCE ELEVATED ACCESSIBLE RAMP ACCESSIBLE 0 0/0 0/0 CHILD CAPACITY 0 MAX FALL HEIGHT 0 1302 AGE APPROPRIATE SIGN Pacific Play Systems, Inc. MIN. USE ZONE O' x 0' (Om x Om) GROUND TYPES 0/0 0/0 GENERAL NOTES This conceptual plan is based on information provided prior to construction. Detailed site information, including the following, should be obtained, evaluated, and utilized in the final project design. Exact site dimensions, topography, existing utilities, soil conditions and drainage solutions. WARNING: Accessible safety surfacing material is required beneath and around this equipment that has a critical height value (Fall Height) appropriate for the highest accessible part of this equipment. Refer to the CPSCS Handbook For Public Playground Safety, Section 4: Surfacing. N PLAYC�RAFT= n PLAYCORE Co'o y City of La Quinta - Adams Park [13TITAVl14TA STRUCTURE # 240138 PROJECT # PAC24APrev DATE 2/19/2025 '0;' PLAYCRAFT® • PIAYCORE comp--r �PLRYCRAFT' Bill of Materials A PLAYCORE Company City of La Quinta - Adams Park Project # PAC24APrev Date 2/19/2025 Item / Part Number Description Qty [R50DAA4BA] HS-1004-R Collars 39 GF-7001 Flat Cap, R5 1 GF-7002 Dome Cap, R5 11 S-1008-R5-08ft Post, 08ft R5 1 S-1008-R5F-9-048-087 Post, 8ft, 48in (87in) 1 S-1010-R5-10ft Post, 1Oft R5 4 S-1011-R5-11 ft Post, 11 ft R5 6 S-1101-R5 Square Deck 1 S-1102-R5 Tri-Deck 1 S-1103-R5 Hex Deck, Half (5 Post) 1 S-1106-R5 Hex Deck, Half (4 Post) 1 S-1209-24W-R5 Transfer Station, 36in-L (W) 1 S-1216-DLX Climber, Grip Deluxe 42-48in 1 S-1234-4R Climber, Spiral Step 42-48in 1 S-1303-R5 Single Slide SitDown Hood 2 S-1309-2-R5 Half Walls (Pair) R5 1 S-1310-R5 Transition Wall 1 S-1514-45R5 Bridge, Inclined Arch (45in) 1 S-1600-R5G Crawl Thru Panel 1 S-1608-R5 Memory Panel 1 S-1616-R5 Tic-Tac-Toe Panel 1 S-1628-R5 Inclusive Panel, Driver 1 S-16521-ALR5G Solo Panel 1 S-1665-R5 Panel Pal, Dialer 1 S-1666-R5 Panel Pal, Spinner 1 S-1704-4 Slide, Wave 48in (Single) 1 S-1705-3 Slide, Quarter Turn 36in 1 S-1710-3-4R5-LSR Slide, Triple Twister 48in (L-S-R) 1 S-1963-R5 Seat on Post 1 [R50F307FA] HS-1004-R Collars 54 A2-2321-20HEPDM FLEX Ball, 20in Half (Premium) 1 A2-2321-28EPDM FLEX Ball, 28in (Premium) 1 A2-2321-28HEPDM FLEX Ball, 28in Half (Premium) 1 GF-7002 Dome Cap, R5 17 S-1008-R5-08ft Post, 08ft R5 1 70 1 PLNCRAFT Bill of Materials A PLAYcoRE como—Y (Continued) A PlayCore Company City of La Q inta - Adams Park Item / Part Number Description Qty S-1010-R5-10ft Post, 1Oft R5 1 S-1 01 1-R5-1 1ft Post, 11 ft R5 4 S-1012-R5-12ft Post, 12ft R5 9 S-1013-R5-13ft Post, 13ft R5 2 S-1101-R5 Square Deck 3 S-1102-R5 Tri-Deck 1 S-1106-R5 Hex Deck, Half (4 Post) 1 S-1110-R Filler, Universal (12in) 1 S-1206-24R45 ADA Stairs, 24in Rise w/ Walls 1 S-1209-24W-R5 Transfer Station, 36in-L (W) 1 S-1210-60 Climber, Vertical Ladder 54-60in 1 S-1212-3R5 Climber, Vertical Step 30-36in 1 S-1215-6 Climber, Grip Inc. Wall 60in 1 S-12401-R5 Climber, Thunder 1 S-1301-1830-S-R5 Wall w/ Telescope 1 S-1303-R5 Single Slide SitDown Hood 1 S-1309-2-R5 Half Walls (Pair) R5 3 S-1310-R5 Transition Wall 1 S-1440-R5 Traverse, Sway -Step Grip 1 S-1509-R5-45 Bridge, Burma (45in) 1 S-1631-R5 Pinball Panel 1 S-1634-R5 Labyrinth Panel 1 S-1668-R5 Panel Pal, Match Game 1 S-1704-5 Slide, Wave 60in (Single) 1 S-1706-S6R-R5 Slide, Twister Spiral 72in (R) 1 S-1710-3-5R5-LS4R Slide, Triple Twister 60in (L-S-R) 1 S-1933-R5 Spin Cycler 1 S-1936-R5 Ring Pull -Up 1 S-1962-R5 Playseat 1 swings A2-131410 Inclusive Seat 1 A2-131510-AA Playshare Friends Swing Seat 2 A2-2123 PC 2123-8ft Arch Swing Bay (2 Seat) 1 A2-2123-1-AB PC 2123-8ft Arch Swing Bay (1 Seat) AB 1 swings 2-5 A2-131410 Inclusive Seat 1 A2-131510 Playshare Seat 1 A2-131510-II Playshare Tots Swing Seat 1 A2-2123 PC 2123-8ft Arch Swing Bay (2 Seat) 1 A2-2123-1-AB PC 2123-8ft Arch Swing Bay (1 Seat) AB 1 PLNUAFT A PLAYCORE comp- y A PlayCore Company Bill of Materials (Continued) City of La Q inta - Adams Park Item / Part Number Description Qty spinner A2-2496-SL PC 2496-SL Inclusive Merry -Go -Round 1 mini -go -round A2-2479 PC 2479 Mini -Go -Round 1 freest A2-4232 PC 4232 Spring Max Turbo Totter 1 butterfly HS-1004-R Collars 2 GF-7002 Dome Cap, R5 1 S-1007-R5-07ft Post, 07ft R5 1 S-1851-R50 Butterfly Wings 1 sign A2-1303 1303 Safety Sign (5-12, HDPE) 1 sign 2 A2-1302 1302 Safety Sign (2-5, HDPE) 1 sensory panels HS-1004-R Collars 4 GF-7002 Dome Cap, R5 2 S-1007-R5-07ft Post, 07ft R5 2 S-1981-SWD Sensory Play Wall (Dynamic) 1 tetherball A2-1701-P 1701 Tetherball Powdercoat 1 music CATR-IG Caterpillar (IG) 1 music 32604 LPAD-IG-STL Lilypad Cymbals w/ Steel Post (IG, Silver) 1 music 32604 32631 DRUM-SET-MOSS-IG Bossa Nova Drum Set (IG, Moss) 1 dash A2-1600 PC 1600 Tilt Maze Game 1 A2-2220 PC 2220 Dash Driver 1 311 City of La Quinta - Adams Park [13TITAVl14TA STRUCTURE # 9 PROJECT # PAC24APrev DATE 2/19/2025 PLAYCRAFT® • PIAYCORE comp--r City of La Quinta - Adams Park ADA ACCESSIBILITY GUIDELINES -ADAAG CONFORMANCE ELEVATED OACOCESSIBLE ORAOMPACCESSIBLE GOROUND 1YOPES TOP VIEW O CHILD CAPACITY 0 MAX FALL HEIGHT 0 GENERAL NOTES This conceptual plan is based on information provided prior to construction. Detailed site information, including the following, should be obtained, evaluated, and utilized in the final project design. Exact site dimensions, topography, existing utilities, soil conditions and drainage solutions. WARNING: Accessible safety surfacing material is required beneath and around this equipment that has a critical height value PC - 1701 (Fall Height) appropriate for the highest accessible TETH ERBALL part of this equipment. Refer to the CPSCS UNIT Handbook For Public Playground Safety, Section 4: Surfacing. "71 STRUCTURE # PROJECT # 9 PAC24APrev Pacific Play Systems, Inc. 0 �161; PLAYCRAFTv DATE 2/19/2025 MIN. USE ZONE O' x 0' (Om x Om) A PLAYCOIeE C.'o Y ATTACHMENT 3 CONTRACT Customer Contractor Project EWF Removal A... Pacific Play Systems, Inc. Pacific PlaySystems, Inc. Y Date 10/29/2024 City of La Quinta 78495 Calle Tampico, Contractor Lic. # 957776 Terms Net 30 Valid for 30 Days La Quinta, CA 92253 Class A/B/C61/D34/D12 Phone (760) 599-7355 www.pacificplayinc.com Est. No. 2024-2109 Description Qty Rate Total Adams Park Site Work: Demo and disposal of existing playground equipment 1 6,500.00 6,500.00 Removal, hauling and disposal of the existing EWF surfacing at 2 play areas, approx. 480 CY 1 65,055.00 65,055.00 total Project administration, mobilization, coordination, overhead costs 1 2,000.00 2,000.00 Additional Services: None PAYMENT TERMS: Net 30. EXCLUSIONS: This Contract only covers the cost of equipment, materials and services that are clearly outlined in the Scope of Work. All other equipment, materials and/or services that are not clearly outlined in this quotation are excluded. Exclusions include, but are not limited to the following: 1. Additional services, installation, grading, drainage, site drains, curbing, border, sidewalks, pavement, filter fabric, site materials, receiving and unloading of equipment (unless installation is included), ADA accessible path of travel, payment and performance bond, builders risk insurance, furnishing plans, obtaining permits, dealing with inspections and/or permit agencies, engineering calculations, stamped engineered or architectural drawings, etc. 2. Inspection costs, testing and outside testing agencies, special inspections, CPSI Inspection/audit/report, survey work of any kind, fencing, swpps, barricades, traffic control, flagging, erosion control, dust control, removal of hazardous materials or contaminated soils, digging through rock and rocky soils. 3. Repairs to the existing landscaping or irrigation system is excluded. Irrigation lines (if any) found during the excavation will be capped off. Owner shall be responsible for removal, replacement or repairs to the irrigation lines or utility lines encountered during the excavation process at owner's cost. 4. Additional move -in costs, if required (only one move -in cost is included in this quote), dealing with unforeseen conditions and extra work required as a result of these conditions and anything else that is not clearly outlined in this Contract. See Exhibit A, Terms and Conditions for a description of Unforeseen Conditions. Attached Exhibit A (Terms and Conditions) shall be made a part of this Contract. Total PACIFIC PLAY SYSTEMS, INC. 3288 Grey Hawk Court Carlsbad, CA 92010 - Phone 760-599-7355 or 855-599-7355 - Fax 760-599-7385 314 CONTRACT Customer Contractor Project EWF Removal A... Pacific Play Systems, Inc. Pacific PlaySystems, Inc. Y Date 10/29/2024 City of La Quinta 78495 Calle Tampico, Contractor Lic. # 957776 Terms Net 30 Valid for 30 Days La Quinta, CA 92253 Class A/B/C61/D34/D12 Phone (760) 599-7355 www.pacificplayinc.com Est. No. 2024-2109 Description Qty Rate Total LABOR RATES: Prevailing Wage Rates. Required Statement for California Projects: Contractors are required by law to be licensed and regulated by the Contractors' State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a latent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License Board, P.O. Box 26000, Sacramento, California 95826. This Contract is executed between Pacific Play Systems, Inc., a California corporation and Customer (also referred to as Owner), identified in the Customer section of this Contract. Either Customer or Pacific Play Systems, Inc. may be referred to as Party, together as Parties. The purpose of this Contract is for Pacific Play Systems, Inc. to provide Customer with equipment, materials and/or services as outlined in the Scope of Work section of this Contract in exchange for the sum of money as outlined in this Contract. By signing below, both Parties acknowledge that they are entering into a legally binding Contract, which includes Exhibit A. Customer acknowledges the receipt and review of Exhibit A (Terms and Conditions) which shall be made a part of this Contract and enforceable to the full extent allowed by law. ACCEPTED BY CUSTOMER: Customer's Name: Date accepted: Signature: Signed By: ACCEPTED BY PACIFIC PLAY SYSTEMS, INC.: Federal Tax I.D. #: 27-4620108 - DIR No. 1000012253 Date accepted: California Contractors License #957776, Classifications: A, B, C61-D12, C61-D34 Signature: Signed By: CA Sales Tax, Lake Elsinore 8.75% 0.00 Attached Exhibit A (Terms and Conditions) shall be made a part of this Contract. Total $73,555.00 PACIFIC PLAY SYSTEMS, INC. 3288 Grey Hawk Court Carlsbad, CA 92010 - Phone 760-599-7355 or 855-599-7355 - Fax 760-599-7385 315 EXHIBIT A- TERMS AND CONDITIONS (Revised 09-01-2024) 1. ACTS OF GOD: In the event either party is unable to perform its obligations under the terms of this Agreement because of acts of God, interruption of electrical power or other utilities, shortages of materials and/or labor, manufacturing issues or delays beyond its control, failures or damage reasonably beyond its control, pandemic related issues, or other causes reasonably beyond its control, such party shall not be liable to the other party for any damages resulting from such failure to perform or otherwise from such causes. Pacific Play Systems, Inc. and Customer shall notify each other as soon as reasonably possible following the occurrence of an event described in this subsection. 2. ATTORNEY FEES & EXPENSES: In the event of any dispute under this Contract, the prevailing party shall be entitled to recover from the other party reasonable attorneys' fees and costs of suit, including any fees and costs incurred in preparation of such suit. If timely payments are not made by Customer and collection becomes necessary, Pacific Play Systems, Inc. shall be entitled to collect interest and all reasonable collection and legal costs incurred to the extent allowed by law. 3. BUSINESS LICENSE: If obtaining a business license becomes necessary for a city in which Pacific Play Systems, Inc. does not hold a current license, Pacific Play Systems, Inc. shall obtain the required license and Customer shall reimburse Pacific Play Systems, Inc. for its cost (including staff time) at cost plus 20%. 4. CHANGE ORDERS: Extra Work and change orders shall become part of the contract once the change order is prepared in writing and signed by the parties prior to the commencement of any work covered by the new change order. Change order shall describe the scope of the extra work or change, the cost to be added or subtracted from the contract and describe effects on the schedule (if applicable). Change Orders encountered during the installation phase of project require immediate action by the Customer to avoid stoppage of work which may cause demobilization and remobilization and Customer agrees to pay the additional cost. 5. COST ESCALATION CLAUSE: Given the recent increases in the cost of equipment, materials, playground safety surfacing, labor and freight, if Pacific Play s cost of equipment, materials, labor or freight associated with any portion of this project increases by over 2% by the time this project gets installed, Customer shall be responsible for paying the additional cost. 6. DELAYS: If a project is delayed for reasons beyond Pacific Play Systems, Inc. control, Customer agrees to pay for the cost of equipment, materials and products which are already manufactured. Storage fees may be added for stored products. If a project installation is delayed, new installation date will be assigned based on availability of installer. Any cost escalation incurred during the delayed period shall be passed onto the Customer and Customer agrees to pay it. Customer shall hold Pacific Play Systems, Inc. harmless for additional delays due to unavailability of the installer or resources when a project is delayed. If additional mobilization becomes necessary to receive and unload the equipment when a project is not ready for installation, Customer shall pay the cost incurred plus 20%. 7. DEMOLITION: Unless other arrangements are made prior to the start of demolition, all demolition items shall be disposed of by Pacific Play Systems, Inc. in a manner selected by Pacific Play Systems, Inc. For demo purposes, unless otherwise noted in the Contract, all slab thicknesses are assumed to be 4 or less with no reinforcement. If thickness of slab turns out to be greater than 4 or has reinforcement in it, its demo, hauling and disposal cost shall increase at the rate of our actual cost plus 20% and Customer agrees to pay the additional cost. All PIP rubberized surfacing thicknesses are assumed to be no more than 3.5 thick. If PIP thickness turns out to be greater than 3.5 , its demo, hauling and disposal cost shall increase at the rate of our actual cost plus 20% and Pacific Play Systems, Inc. - 3288 Grey Hawk Court, Carlsbad, CA 92010, Phone 760-599-7355 - California Contractors Lic. #957776 316 Customer agrees to pay the additional cost. All changes in the scope of work shall be handled with a change order, promptly executed by both Parties so that no delays are experienced. 8. DISCOUNTS: Discounts (if any) provided are valid only if Customer completely fulfills his or her obligations under this Contract for the scope identified, including making timely payments per Payment Terms of Contract. Customers failure to pay amounts due under this Contract in a timely fashion or reducing the scope of work shall constitute forfeiture of all discounts provided under this Contract and shall increase Contract sum by the amounts of discounts provided. 9. ENGINEERED WOOD FIBERS (EWF) are sold in quantities of cubic yards. EWF will settle during and after installation, reducing its depth. Therefore, its depth cannot be guaranteed. Generally speaking,18 of material settles to a compacted depth of 10 -12 . EWF require maintenance and topping off is necessary from time to time. 10. ENTIRE AGREEMENT: This Contract constitutes the entire agreement between the Parties and supersedes any prior understandings, agreements, or representations by or between the Parties, written or oral, to the extent they relate in any way to the subject matter hereof. In the event of conflicting provisions between this Contract and Customers own Contract (if any), the provisions of this Contract shall prevail. 11. EXPANSIVE, UNSUITABLE SOILS: Pacific Play Systems, Inc. shall not be responsible for undesirable effects (poor drainage, settlement, expansion, contraction, finish surface cracking, etc.) of unsuitable grounds or soils provided to us. Unsuitable grounds or soils include expansive soils, poorly drained soils, uncompacted or poorly compacted grounds, unstable and/or expansive soils such as clay, excessively moist soils, uncompacted sand, etc. If applicable, it shall be Customers responsibility to test soil samples and determine if the existing soil is suitable for the intended work, prior to the start of any work. If applicable, expansive, loose or uncompacted soils shall be removed and replaced by others at Customer s cost, prior to our mobilization on site. Additional engineering and deeper footings may be required if excessive moisture is encountered during the excavation, and Customer agrees to reimburse Pacific Play Systems, Inc. for the additional cost encountered at cost plus 20 percent. 12. FINAL INSPECTION: Customer shall perform a final inspection of the project while Pacific Play Systems, Inc. and its agents are still on site and shall report any concerns to Pacific Play Systems, Inc. at that time so that valid concerns can be corrected right away to avoid delays and additional trips to the job site. 13. FOOTINGS. Installation cost for excavation and pouring playground footings (Playcraft equipment or any other manufacturer) is based on using the manufacturers standard footing details. Unless otherwise noted in Quotation, Contract or Purchase Order, if playground footings are upgraded due to permit requirements or to remedy unsuitable soil conditions or to add rebar cages, etc. the upgrade cost shall be extra. Some permit agencies may require structural calculations for footings which may cause larger footings and deeper embedment of posts into concrete footings than shown in the manufacturers standard footings details. Additional rebar cages may also be needed. Our equipment and installation cost are based on supplying standard length posts and using the manufacturers standard footing details with no rebar cages. If footings are enlarged due to permit requirements or for any other reason, Customer agrees to pay the additional cost for longer posts, rebar cages and additional labor and materials required for excavating and installing deeper and larger footings. Additional cost shall be billed at the rate of Pacific Play Systems cost plus 20% and the Customer agrees to pay for it. 14. GOVERNING LAW: This Contract shall be governed by and construed in accordance with the domestic laws of the State of California without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than the State of California. Jurisdiction shall be the County of San Diego, North County Judicial District. Pacific Play Systems, Inc. - 3288 Grey Hawk Court, Carlsbad, CA 92010, Phone 760-599-7355 - California Contractors Lic. #957776 317 15. INSURANCE: Pacific Play Systems, Inc. agrees to carry the following limits during the course of project: Liability Insurance: $1,000,000 Each Occurrence, $1,000,000 Personal and Advertising Injury, $2,000,000 General Aggregate, $2,000,000 Products, Completed Operations Aggregate. Excess Liability Insurance: $3,000,000 Each Occurrence, $3,000,000 General Aggregate. Workers Compensation: $1,000,000 Commercial Auto Insurance: $1,000,000 Proof of insurance or standard additional insured certificates (issued to Customer only) shall be provided upon request. Any custom wording (Primary Wording, Waiver of Subrogation, Cancellation Notices, etc.) on insurance policies or certificates, custom and non-standard additional insured certificates or certificates to multiple entities shall be provided at additional cost, if requested and only if available. Customer acknowledges that Pacific Play Systems subcontractors may have lower insurance limits and carry no excess liability insurance. Additional insurances not listed here, if required & available, may be provided at additional cost. 16. LABOR RATES: Unless otherwise noted in writing, all labor rates are Non -Prevailing Wage Rates. It shall be Customers responsibility to inform us if a project is Prevailing Wage, before a contract is signed. 17. LIABILITY LIMIT: Pacific Play Systems, Inc. s liability on any claim of any kind, including negligence, for any loss or damage arising out of, connected with or resulting from this Contract, or from the performance or breach thereof, or from the manufacture, sale, delivery, installation, resale, repair or use of any products covered by or furnished under this Contract, shall in no case exceed the price of the products or parts thereof which gives rise to this claim. In no event shall Pacific Play Systems, Inc. be liable for special, incidental or consequential damages, or for damages in the nature of penalties. 18. LEAD TIME: Unless otherwise noted, lead time for delivery of equipment varies depending on the type of equipment ordered and can range between 6-24 weeks (+/-) AFTER receipt of a signed Contract, deposit and color selection from the Customer. Lead time does not include time needed for shipping, site work and installation. Lead time may vary for different projects and different products, depending on product, size and scope of work. 19. MOBILIZATION: Unless otherwise noted in the Quotation, Contract or Purchase Order, our cost includes only one mobilization per project. If additional mobilizations become required due to various factors beyond Pacific Play Systems control such as site not being ready, stop notices by the Customer, permit and governing agencies, etc., additional mobilization cost shall apply at the rate of cost plus 20% or $2,000 minimum for private projects and $2,500 for public works projects whichever is greater. Minimum charge for receiving and unloading equipment when project is not ready for installation shall be $1,500 for private projects and $2,500 for public works projects and Customer agrees to pay these additional costs. 20. MAINTENANCE: Customer shall be responsible for maintenance and upkeep of all acquired equipment and materials associated with this Contract, including but not limited to maintenance of equipment, materials, surfacing, drainage system, etc. Playground equipment and surfacing require daily, weekly and monthly inspections. It is common that some bolts may come loose after the initial installation and some use, particularly in moving parts. It shall be Customers responsibility to inspect for loose or missing hardware and attend to it as needed. 21. NOTICES: All notices required by this Agreement shall be in writing and be delivered via email, United States Certified Mail, addressed to the party to whom such notices are directed. Either party may change its address for notices hereunder by giving notice to the other party in the same manner as provided herein. 3 Pacific Play Systems, Inc. - 3288 Grey Hawk Court, Carlsbad, CA 92010, Phone 760-599-7355 - California Contractors Lic. #957776 318 22. OWNERSHIP: Once equipment and materials are delivered to the Customer's premises, it is considered delivered and Customer shall become responsible for its security. All costs associated with replacement of vandalized and/or stolen equipment, materials shall be Customers responsibility. Customer shall take necessary steps to secure site and protect the work under progress, including keeping traffic away from the equipment under construction and protect finished surfaces (concrete, PIP surfacing, etc.) for a minimum of 24 hours after pour. 23. OPTIONS, ADDITIONAL SERVICES: Equipment, materials and services listed under Options or Additional Services are not included in the Scope of Work (cost is extra). If Customer chooses to add any of these items, Customer shall notify Pacific Play Systems, Inc. in writing as soon as possible and prior to the ordering of equipment so that Contract can be modified to incorporate the added items. Once equipment and materials are ordered, it may be too late to make any changes, without incurring additional costs. 24. PAYMENT TERMS: All payments are due per Contract Payment Terms. Past due balances are subject to an annual interest rate of 18%, or the maximum allowed by law, whichever is greatest. If payments are not received on time and collection becomes necessary, aside from adding interest, all discounts provided shall be reversed and added to the contract sum and Pacific Play Systems, Inc. shall be entitled to collection costs incurred plus attorneys fees & expenses to the full extent allowed by the applicable laws. Additionally, Pacific Play Systems, Inc. may suspend all warranties until such time that all past due balances, interest and fees are paid in full. 25. PERMITS: Unless otherwise noted in writing, obtaining structural calculations and permits are excluded from this Contract and shall be the Customers responsibility. Prior to the award of this Contract, Customer shall perform his or her own due diligence and determine if a permit is required and notify Pacific Play Systems, Inc. in writing accordingly. If required, Customer shall obtain all required permits and licenses and pay all applicable fees. If Pacific Play Systems, Inc. is instructed in writing to obtain a permit, all associated costs (including engineering fees) shall be extra, billed at cost plus 20%. Staff time shall be billed at $90 per hour. Building permit fees shall be billed at cost. The Customer agrees to pay all costs and fees. While we will do our best to obtain a permit at the earliest time possible (if instructed in writing to do so), no guarantees can be made that a permit can be obtained. Additionally, obtaining a permit can be very time-consuming process and can easily delay a project for months and beyond Customers expectations. Some permit agencies may require structural calculations for footings which may take several weeks to get and cause delays. Unless otherwise noted in the Quotation, Contract or PO, cost of obtaining structural calculations shall be billed at cost plus 20% and Customer agrees to pay for it. 26. PROTECTION OF EXISTING PLAYGROUND SURFACING: Sites at some playground renovation projects may contain existing playground safety surfacing that may be either sand, engineered wood fibers, rubber tiles, PIP rubberized surfacing, artificial turf or a combination of these items that may need to be protected while new improvements are made. Unless otherwise noted in our Contract, Customer shall remove and stockpile filter fabric, sand and engineered wood fibers out of the way prior to the start of work to minimize its contamination during construction and shall be responsible to place it back after completion of our work. Customer acknowledges that some damage to the existing rubber tiles or PIP rubberized surfacing or artificial turf may occur due to our work and the use of machinery, regardless of various protection methods used. Customer shall be responsible for the cost of its repair or replacement, if damage occurs. 27. REPAIRS: If any part of the project requires repairs (during or after completion) and becomes a safety concern, Customer shall close site immediately and properly barricade the site until repairs are made. 4 Pacific Play Systems, Inc. - 3288 Grey Hawk Court, Carlsbad, CA 92010, Phone 760-599-7355 - California Contractors Lic. #957776 319 28. RETURNS: Equipment, materials associated with this Contract are highly customized and shall be considered Non -Returnable. Once the Contact is signed and equipment, materials and services are ordered, it cannot be cancelled. No Returns or Substitutions are permitted under this Contract, unless agreed to in writing by Pacific Play Systems, Inc. If Pacific Play Systems, Inc. agrees to a change involving a reduction in the Scope of Work or the Contract Sum after the award of Contract, Pacific Play Systems, Inc. shall be entitled to charge the Customer a fee 30% of the cost of items deleted for the time and effort put forth into processing those items. Additionally, any discounts associated with the deleted items shall be reversed. 29. SEVERABILITY: Any term or provision of this Contract that is invalid or unenforceable in any situation in any jurisdiction shall not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation or in any other jurisdiction. 30. SHADE STRUCTURES: Shade structures, shade sails, umbrellas, shelters and canopies (hereafter referred to as Shade Structures) included in the Scope of Work (if any) are non -engineered (no calculations or engineering drawings are provided), non-structural (not rated for fire, wind or earthquakes), unless otherwise noted in writing. Non -engineered, non-structural Shade Structures are considered temporary structures and will not be suitable for installation at locations that require obtaining a permit. It shall be Customers responsibility to determine if a permit is required for these Shade Structures and communicate same with Pacific Play Systems, Inc. in writing, prior to executing this Contract so that Shade Structures can be designed, fabricated and priced accordingly for the structural upgrades needed for engineered structures so that a permit can be obtained by others. Unless otherwise noted, if Pacific Play Systems, Inc. is instructed to obtain a permit, all associated engineering costs shall be billed at cost plus 20% as well as staff time at the rate of $120/hour, plus all applicable costs, permit fees, etc. 31. SITE WORK: Site work includes all work that is needed to prepare the site for the installation of equipment and materials. Site work includes, but is not limited to demo, hauling, grading, installation of site materials, sub- base, drainage, curbing, sidewalks, creating sufficient space to accommodate the Use Zone of the equipment, etc. If site work is excluded from the Scope of Work: A. Customer shall prepare site so that it is ready for Pacific Play Systems, Inc. to move in. B. It shall be Customers responsibility to coordinate site requirements with Pacific Play Systems, Inc. and provide the proper rough grade elevation in order to have the site ready for installation. C. If site is determined to not be ready upon move -in by Pacific Play Systems, Inc. and additional move -ins become necessary, a $2,000 - $2,500 extra move -in charge shall apply for each additional move -in and Customer shall become responsible for the safety of the site and for the safekeeping of the equipment and materials that are delivered to the job site until Pacific Play Systems, Inc. is able to return and re -start installation. Additionally, project delays due to unavailability of installers may occur if demobilization becomes necessary. Some damage to existing grounds, pavement and landscaping shall be expected due to Pacific Play Systems, Inc. s operations. Unless otherwise noted in writing, repairs to underground utilities, landscaping and irrigation system are excluded from Pacific Play Systems, Inc. s scope of work and shall be Customers responsibility. Pacific Play Systems, Inc. s liability for cleaning marks (tire marks, etc.) on pavement shall be limited to power washing. 32. SLAB: All concrete slabs associated with the Scope of Work (if any), shall be 4" nominal (3 1/2" thick) without any reinforcement, unless otherwise noted. 33. SUCCESSION & ASSIGNMENT: This Contract shall be binding upon and inure to the benefit of the Parties named herein and their respective successors and permitted assigns. A Party may not assign either this Contract or any of its rights, interests, or obligations hereunder without the prior written approval of the other Party. Customer 5 Pacific Play Systems, Inc. - 3288 Grey Hawk Court, Carlsbad, CA 92010, Phone 760-599-7355 - California Contractors Lic. #957776 320 shall not assign this Contract to any third -party implementation agencies such as property management companies, contract compliance agencies, etc. without the prior written consent of Pacific Play Systems, Inc. 34. STORAGE FEES: If a project is delayed for any reason due to factors beyond Pacific Play Systems, Inc. control, Customer agrees to pay storage fees for equipment which has already been manufactured at cost plus 15% for storage rental or $250-$500 per month (cost varies based on space required and may be more for larger projects) for equipment stored at our warehouse or at the manufacturer. If a free-standing storage container becomes necessary to secure the equipment on site, Customer shall provide the space for it and become responsible for covering its cost at the rate of cost plus 20% plus unloading costs due to the additional mobilization to unload the equipment and forklift rental. 35. SUB -BASE: PIP rubberized surfacing, tiles or artificial turf require either a concrete slab sub -base or a 90- 95% compacted Class II or crushed aggregate sub -base. When replacing an existing surface (PIP, rubber tiles or turf), it is difficult to know what kind of sub -base is installed underneath the existing surface or if that sub -base is suitable for the installation of the new surfacing, without removing the existing surface and damaging it. Unless otherwise noted in our Contract, if during work, it becomes clear that the existing sub -base is not suitable for the installation of the new surfacing and requires repairs, removal and/or replacement, cost associated with this work shall be extra (via a change order) and shall be billed at our cost plus 20%. Customer shall be notified of this condition and the associated cost to remedy it, once discovered. If additional work becomes necessary, Customer shall execute a change order for the additional scope without delay so that work can proceed timely. If an additional move -in becomes necessary due to Customer having this work done by others, an additional move in cost shall be added to our Contract. 36. SUB -CONTRACTORS: Pacific Play Systems, Inc. reserves the right to use subcontractors to perform labor without prior consent from the Customer as long as subcontractors used are licensed and insured. Sub -contractors insurance limit is limited to $1 M for General Liability Insurance, $2M General Aggregate. 37. SYNTHETIC SURFACING: Synthetic surfacing includes PIP rubberized surfacing and artificial turf. Both products use petroleum -based materials with volatile cost fluctuations. It is difficult to quote these products accurately for projects that are not installed within a six-month time frame. Pacific Play Systems, Inc. reserves the right to pass on materials cost increases from the supplier of these products for projects that are installed beyond six months after the original award date and Customer agrees to pay the additional cost. 38. TERMINATION: This Contract shall not be terminated by either party without material cause. Pacific Play Systems, Inc. may terminate this Contract with Customer for lack of payment and for other material breach, if not cured within 10 days of receipt of a written notice to Customer. If this Contract is terminated by any party for any reason, Customer shall remain fully liable for the cost of equipment and materials ordered, administrative and other time spent on the project and for services rendered to the full extent allowed by law. 39. TESTING: Unless specifically noted in contract, cost of any testing such as CPSI, surfacing HIC testing, soil testing, etc. shall be extra. HIC testing for PIP or turf shall not occur until the surface has a minimum of ten (10) days to cure. 40. UNFORESEEN CONDITIONS: Unforeseen conditions include, but are not limited to, having to deal with, modify or repair underground utilities (water, sewer, gas, electricity, irrigation lines & wiring, data, phone, drainage lines, etc.) found during excavation. Unforeseen Conditions shall also include having to excavate or remove boulders, rocks, rocky soil, etc. that cannot be cored through with a standard Bobcat, augur or excavated with a shovel and require the use of a jack hammer or other means. Other examples of Unforeseen Conditions include unexpected items found during excavation that were not obvious or not disclosed by Customer, such as discovery of unsuitable soil conditions, existing footings, curbing, border, pavement, tree roots, filter fabric, etc. found during 6 Pacific Play Systems, Inc. - 3288 Grey Hawk Court, Carlsbad, CA 92010, Phone 760-599-7355 - California Contractors Lic. #957776 321 the excavation for new footings, unless removal of these items was clearly noted in the Scope of Work. Finally, Unforeseen Conditions shall include any factors and/or conditions that adversely affect the cost of the project which were not disclosed by Customer in writing prior to the signing of this Contract. Cost of dealing with unforeseen conditions shall become extra and shall be added to the Contract sum at the rate of Pacific Play Systems, Inc. s cost plus 20%. Customer shall indemnify Pacific Play Systems, Inc. from any liability associated with damage to underground utilities due to Unforeseen Conditions. 41. UTILITIES: Utilities include but are not limited to water, sewer, gas, electricity, irrigation lines & wiring, data, phone, drainage lines, etc. To minimize damage to utilities, Customer shall mark, cap or relocate all underground utilities that are located within the work area, prior to the start of work. Pacific Play Systems, Inc. and its subcontractors shall do their best to minimize damage to underground utilities that are identified by the Customer prior to the start of construction. However, should unintended damage occur due to site operations, repairs or relocation of underground utilities shall be excluded from the scope of our work. If utilities are damaged or have to be relocated, the Customer shall repair, replace or relocate them at Customers cost as soon as possible to minimize delays. At Customers request, repairs may be made to damaged utilities by Pacific Play Systems, Inc. or its subcontractors at an additional cost of actual cost plus 20%. 42. UTILITY LOCATING SERVICE: For projects requiring excavation, prior to the start of work, Customer shall either clearly mark underground utilities and their depth, hire a utility locating service to locate them or authorize Pacific Play Systems, Inc. to hire a utility locating service to do so. Locating underground utilities is not an exact science and sometimes they are missed by utility locating companies or locations are not accurate, leading to unintended damage during excavation. Also, PVC or plastic pipes cannot be detected by these companies. Therefore, some potential damage to utilities should be expected. If utilities are damaged, Customer shall hold Pacific Play Systems, Inc., its subcontractors, employees and officers harmless as it relates to any potential damages or liabilities. If underground utilities are damaged, regardless of whether a utility locating service was hired or not, Customer shall be responsible for the cost of their repair, replacement or relocation. 43. WARRANTY: Equipment warranties are provided by equipment manufacturers and not by Pacific Play Systems, Inc. Material warranties are provided by the supplier of materials and not by Pacific Play Systems, Inc. When available, Pacific play Systems, Inc. shall provide copies of equipment and material warranties to Customer upon request. Pacific Play Systems, Inc. shall warrant all Labor provided in the Scope of Work for a period of one year from the date of completion. Customer acknowledges that moving parts (spinners, zip lines, track rides, rope connections, swings, etc.) require regular maintenance in order to stay operational. Pacific Play Systems, Inc. shall not be responsible for the maintenance of these items which may involve tightening of bolts, connections, etc. Any service calls required to maintain moving parts (even during the one-year labor warranty) shall be billed to Customer at cost plus 20%. Zip lines require additional maintenance to operate properly and shall be regularly maintained by the Customer. 7 Pacific Play Systems, Inc. - 3288 Grey Hawk Court, Carlsbad, CA 92010, Phone 760-599-7355 - California Contractors Lic. #957776 322 STUDY SESSION ITEM NO. 1 City of La Quinta CITY COUNCIL MEETING April 1, 2025 STAFF REPORT AGENDA TITL' DISCUSS PROJECTS TO BE INCLUDED IN FISCAL YEARS 2025/26 THROUGH 2O29/30 CAPITAL IMPROVEMENT PROGRAM RECOMMENDATION Discuss projects to be included in fiscal years 2025/26 through 2029/30 Capital Improvement Program and provide Staff direction. EXECUTIVE SUMMARY • The Capital Improvement Program (CIP) is a five-year plan for major construction projects such as bridges, streets, traffic signals, drainage facilities, landscaping, lighting, parks, and other facilities. • Based upon Council and resident input over the past year, Staff developed a preliminary scope and budget for various projects proposed for the fiscal year (FY) 2025/26 CIP budget. • Council will be requested to appropriate funds for the FY 2025/26 CIP improvements when the operating budget and final CIP is considered in June 2025. FISCAL IMPACT This review does not include fiscal impact. Revenue sources are identified in Attachment 1. BACKGROUND/ANALYSIS Staff recommends the following projects be included in the FY 2025/26 CIP: Transportation Projects Transportation projects are generally funded through the Pavement Management Plan (General Fund), Transportation Development Impact Fees (DIF), Gas Tax, Measure A, and S131 funds. 323 • 2025/26 Pavement Manaaement Plan (General Fund: $1 M, Measure G: The City of La Quinta's current 5-Year Pavement Management Plan (PMP) (Attachment 2) spans from 2021 to 2026. The proposed 2025/26 projects include slurry seal and crack seal on Adams Street from Avenue 48 to Highway 111 and Miles to Darby Road; La Quinta Highlands Neighborhood; Monticello Neighborhood; and remaining Cove streets: Avenida Diaz, Avenida Juarez, Avenida Madero, Avenida Cortez, Avenida Morales, Avenida Montezuma, Avenida Obregon, Avenida Alvarado, Avenida Rubio, Calle Nogales, Calle Ensenada, Calle Sonora, Calle Durango, Calle Sinaloa, and Calle Hidalgo. • Highway 111 Corridor Area Plan Implementation and Pavement Resurfacing (Measure G: $1 M) This fiscal year includes the entry monuments. • Avenue 50 Widening Improvements (Transportation DIF: $579K) This project will be completed in partnership with the City of Indio and includes widening Avenue 50 from Jefferson Street to Madison Street to the general plan roadway conditions, including a multi -use trail along the north side. • Miles Avenue Pavement Rehabilitation (General Fund: $1.6M, Measure G: $1 M, Measure A: $289K) The proposed project will include the resurfacing of Miles Avenue within the city limits. • Citywide Striping Refresh (General Fund: $500K, Measure A: $500K) This project will include striping refresh within the city limits. • 5-year PMP Update (Measure A: $100K) This project will update the City's 5-Year Pavement Management Plan (PMP). It will include an assessment of the roads to update the City's pavement condition index (PCI). • Washinaton Street Pavement Rehabilitation (General Fund: $100K This project will include the resurfacing of Washington Street from Eisenhower Drive to the northern city limit. This year's budget is for design. • Cove Area Slurry Seal Improvements Phase 2 (SB1: $1 M) This project is the second of two phases to complete the slurry seal improvements of the Cove area streets. Drainage Improvements • 2526DRA Citywide Drainage Enhancements (General Fund: $477K) This project will upgrade drainage facilities for a minimum 150-year storm protection in accordance with the Focused Drainage Study. The upcoming drainage projects to be completed are Eisenhower Drive at Avenue 50 and on Avenida Bermudas and Desert Club Dr North of Calle Tampico. 324 Parks and Facilities Projects • Landscape and Lighting Median Island Improvements (General Fund: $500K) This project entails refurbishing City -owned medians south of Highway 111, prioritized over five years. Staff has developed an implementation strategy that recommends priorities and landscape materials. • Maintenance and Operations Yard (Measure G: $9.8M, Maintenance and Facilities Development Impact Fees: $363K) This project was approved by Council as part of the 2018/19 CIP. The proposed funding will begin the construction phase for the Maintenance and Operations Yard improvements. • Cultural Campus (General Fund: $1.5M, Measure G: $1.2M, Community and Cultural Center DIF: $483K) This project was approved by Council as part of the 2019/20 CIP. The proposed funding includes additional construction funding for the Cultural Campus site improvements. • Bear Creek Trailhead Restroom (General Fund: $250K) Construction of a restroom facility located at the entrance to the Bear Creek Trail on Eisenhower Drive and Calle Tampico. Recurring Maintenance Funds • ADA Accessible Ramps — Various Locations (General Fund: $20K) • Citywide Preventative Maintenance Plan Improvements (Equipment Replacement Fund: $50K) • Sidewalks —Various Locations (General Fund: $55K) • Citywide Traffic Signal Maintenance Improvements (Measure A: $235K) Other Adjustments • Citywide Miscellaneous ADA Improvements (CDBG: $136K) This is a continuation of implementing ADA improvements at City parks, buildings, intersection curb ramps and sidewalks based upon the City's ADA Transition Plan Report. Existing Developer Impact Fee Reimbursement Agreements (Transportation DIF: $400K) The City entered into reimbursement agreements with nine development entities that constructed improvements for the benefit of the City in anticipation of future reimbursement from development impact fees. In 2017 the Council set reimbursement priorities; 9 of 11 developers submitted the required documentation and have been included in the approved repayment plan (Attachment 3). 325 Projects on the Horizon The CIP also identified future year projects, some of which are listed below: • Corporate Centre Drive Gap Closure (FY 2026/27) • Avenue 47 Pavement Rehabilitation (Washington Street to Adams Street) (FY 2026/27) • Phase III Public Safety Camera System (FY 2026/27) • New Traffic Signal at Washington Street at Lake La Quinta Drive (FY 2026/27) • Francis Hack Lane Pavement Rehabilitation (Avenida Bermudas to Cul-De-Sac) (FY 2026/27) • Citywide Arterial Slurry Seal Improvements (FY 2026/27) • North La Quinta Slurry Seal Improvements/Pavement Repair (FY 2027/28) • Highway 111/Simon Drive Dual Left Turn Lanes (FY 2027/28) Staff seeks direction on all projects included in the draft CIP. After incorporating comments from Council, an updated CIP program will be presented for adoption in June. Prepared by: Carley Escarrega, Administrative Technician Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachments: 1. Draft FY 2025/26 through 2029/30 CIP Project Revenue Summary 2. 2021 Pavement Management - 5 Year Plan 3. DIF Reimbursement Agreement Repayment Schedule 326 CITY OF LA QUINTA CAPITAL IMPROVEMENT PROGRAM REVENUE SUMMARY General Community Maintenance ATTACHMENT 1 Fund Measure G /Cultural SB 1 Road Transportation and Facilities Other Other Project # Project Description Operating Sales Tax Center DIF Maint/Rehab DIF DIF Measure A Revenue Revenue Source Total 2025/2026 2526ADA ADA Accessible Ramps - Various Locations 20,000 20,000 2526CPM Citywide Preventative Maintenance Plan Improvements 50,000 Equip Replacement Fund 50,000 2526PMP Pavement Management Plan Street Improvements 1,000,000 2,000,000 3,000,000 2526STI Sidewalks - Various Locations 55,000 55,000 2526TMI Citywide Traffic Signal Maintenance Improvements 235,000 235,000 2526DRA Citywide Drainage Enhancements 477,000 477,000 201702 Developer Reimbursement for DIF Eligible Improvements 400,000 400,000 201804 Landscape and Lighting Median Island Improvements 500,000 500,000 201805 Maintenance and Operations Yard 9,800,000 362,526 10,162,526 201901 Cultural Campus 1,550,000 1,200,000 482,561 3,232,561 201905 Highway 111 Corridor Area Plan Implementation (for2022-25) 1,000,000 1,000,000 202205 Avenue 50 Widening Improvements (Jefferson Street to Madison Street) 579,109 579,109 202301 Miles Avenue Pavement Rehabilitation 1,600,000 1,000,000 289,132 2,889,132 202409 Bear Creek Trailhead Restroom 250,000 250,000 202501 Citywide Striping Refresh 500,000 500,000 1,000,000 202502 Cove Area Slurry Seal Improvements Phase 2 1,006,705 1,006,705 202504 5-Year PMP Update 100,000 100,000 202505 Washington Street Pavement Rehabilitation Project (Eisenhower Drive to northern city limit) 100,000 100,000 202506 FY 2526 Citywide Miscellaneous ADA Improvements (Plaza La Quinta) 136,000 CDBG 136,000 FY 2025/2026 SUBTOTAL: 6,052,000 15,000,000 482,561 1,006,705 979,109 362,526 1,124,132 186,000 25,193,033 2026/2027 2627ADA ADA Accessible Ramps -Various Locations 20,000 20,000 2627CPM Citywide Preventative Maintenance Plan Improvements 50,000 Equip Replacement Fund 50,000 2627PMP Pavement Management Plan Street Improvements 1,000,000 1,000,000 2,000,000 2627STI Sidewalks - Various Locations 55,000 55,000 2627TMI Citywide Traffic Signal Maintenance Improvements 235,000 235,000 2627DRA Citywide Drainage Enhancements 477,000 477,000 201702 Developer Reimbursement for DIF Eligible Improvements 400,000 400,000 201804 Landscape and Lighting Median Island Improvements 500,000 500,000 201805 Maintenance and Operations Yard 7,500,000 7,500,000 201905 Highway 111 Corridor Area Plan Implementation (for 2022-25) 1,000,000 1,000,000 202301 Miles Avenue Pavement Rehabilitation 250,000 250,000 202601 Avenue 47 Pavement Rehabilitation (Washington Street to Adams Street) 900,000 900,000 202602 Phase III Public Safety Camera System 3,000,000 3,000,000 202603 Washington Street at Lake La Quinta Drive (New Traffic Signal) 430,000 430,000 202604 Francis Hack Lane Pavement Rehabilitation (Avenida Bermudas to Cul-De-Sac) 405,730 405,730 202605 Corporate Centre Drive Gap Closure 1,000,000 1,000,000 202606 Welcome Center Improvements 0 202607 Citywide Arterial Slurry Seal Improvements 1,000,000 1,060,000 FY 2026/2027 SUBTOTAL: 2,052,000 12,500,000 0 1,000,000 1,830,000 0 1,790,730 50,000 19,222,730 2027/2028 2728ADA ADA Accessible Ramps -Various Locations 20,000 20,000 2728CPM Citywide Preventative Maintenance Plan Improvements 50,000 Equip Replacement Fund 50,000 2728PMP Pavement Management Plan Street Improvements 1,000,000 1,000,000 2,000,000 2728STI Sidewalks - Various Locations 55,000 55,000 2728TMI Citywide Traffic Signal Maintenance Improvements 235,000 235,000 2728DRA Citywide Drainage Enhancements 477,000 477,000 201702 Developer Reimbursement for DIF Eligible Improvements 400,000 400,000 201804 Landscape and Lighting Median Island Improvements 500,000 500,000 201905 Highway 111 Corridor Area Plan Implementation (for 2022-25) 1,000,000 1,000,000 202701 North La Quinta Slurry Seal Improvements/Pavement Repair 1,500,000 1,500,000 202702 Highway 111/Simon Drive Dual Left Turn Lanes 1,000,000 1,000,000 FY 2027/2028 SUBTOTAL: 2,052,000 2,000,000 1,000,000 400,000 1,735,000 50,000 7,237,000 327 CITY OF LA QUINTA CAPITAL IMPROVEMENT PROGRAM REVENUE SUMMARY Project # Project Description General Fund Operating Measure G Sales Tax Community /Cultural SB 1 Road Center DIF Maint/Rehab Maintenance Transportation and Facilities DIF DIF Measure A Other Other Revenue Revenue Source Total 2028/2029 2829ADA ADA Accessible Ramps - Various Locations 20,000 20,000 2829CPM Citywide Preventative Maintenance Plan Improvements 50,000 Equip Replacement Fund 50,000 2829PMP Pavement Management Plan Street Improvements 1,000,000 1,000,000 2,000,000 2829STI Sidewalks - Various Locations 55,000 55,000 2829TMI Citywide Traffic Signal Maintenance Improvements 235,000 235,000 2829DRA Citywide Drainage Enhancements 477,000 477,000 201702 Developer Reimbursement for DIF Eligible Improvements 139,723 139,723 201804 Landscape and Lighting Median Island Improvements 500,000 500,000 201905 Highway 111 Corridor Area Plan Implementation (for 2022-25) 1,000,000 1,000,000 202801 Washington Street Pavement Rehabilitation (Sagebrush Drive to Fred Waring Drive) 1,000,000 1,000,000 1,665,361 3,665,361 FY 2028/2029 SUBTOTAL: 2029/2030 2,052,000 3,000,000 0 1,000,000 139,723 0 1,900,361 50,000 8,142,084 2930ADA ADA Accessible Ramps - Various Locations 20,000 20,000 2930CPM Citywide Preventative Maintenance Plan Improvements 50,000 Equip Replacement Fund 50,000 293OPMP Pavement Management Plan Street Improvements 1,000,000 1,000,000 2,000,000 2930STI Sidewalks - Various Locations 55,000 55,000 293OTMI Citywide Traffic Signal Maintenance Improvements 235,000 235,000 2930DRA Citywide Drainage Enhancements 477,000 477,000 201804 Landscape and Lighting Median Island Improvements 500,000 500,000 201905 Highway 111 Corridor Area Plan Implementation 1,000,000 1,000,000 202901 Avenue 52 Pavement Rehabilitation 1,128,502 1,609,991 2,738,493 FY2029/2030 SUBTOTAL: 2,052,000 2,000,000 0 1,128,502 0 0 1,844,991 50,000 7,075,493 TOTAL FISCAL YEARS 2025/26 THROUGH 2O29/30: 14,260,000 34,500,000 482,561 5,135,207 3,348,832 362,526 89395,214 3869000 66,870,340 328 CITY OF LA QUINTA CAPITAL IMPROVEMENT PROGRAM EXPENDITURE SUMMARY Inspection/ Engineering/ Testing/ Other Project # Project Description Design Construction Survey Professional Contingency Other Expenditure Total 2025/2026 2526ADA ADA Accessible Ramps - Various Locations 1,450 14,000 1,350 1,200 2,000 20,000 2526CPM Citywide Preventative Maintenance Plan Improvements 3,625 35,000 3,375 3,000 5,000 50,000 2526PMP Pavement Management Plan Street Improvements 217,500 2,100,000 202,500 180,000 300,000 3,000,000 2526STI Sidewalks - Various Locations 3,988 38,500 3,713 3,300 5,500 55,000 2526TMI Citywide Traffic Signal Maintenance Improvements 0 235,000 0 0 0 235,000 2526DRA Citywide Drainage Enhancements 34,583 333,900 32,198 28,620 47,700 477,000 201702 Developer Reimbursement for DIF Eligible Improvements 0 0 0 0 0 400,000 Reimbursement 400,000 201804 Landscape and Lighting Median Island Improvements 0 500,000 0 0 0 500,000 201805 Maintenance and Operations Yard 736,783 7,113,768 685,971 609,752 1,016,253 10,162,526 201901 Cultural Campus 234,361 2,262,793 218,198 193,954 323,256 3,232,561 201905 Highway 111 Corridor Area Plan Implementation (for 2022-25) 72,500 700,000 67,500 60,000 100,000 1,000,000 202205 Avenue 50 Widening Improvements (Jefferson Street to Madison Street) 0 200,000 0 0 0 579,109 202301 Miles Avenue Pavement Rehabilitation 0 5,000,000 0 0 0 2,889,132 202409 Bear Creek Trailhead Restroom 0 17,500 16,875 15,000 25,000 250,000 202501 Citywide Striping Refresh 72,500 700,000 67,500 60,000 100,000 1,000,000 202502 Cove Area Slurry Seal Improvements Phase 2 165,000 0 0 0 0 1,006,705 202504 5-Year PMP Update 7,250 70,000 6,750 6,000 10,000 100,000 202505 Washington Street Pavement Rehabilitation Project (Eisenhower Drive to northern city limit) 450,000 0 0 28,000 0 100,000 202506 FY 2526 Citywide Miscellaneous ADA Improvements (Plaza La Quinta) 9,860 95,200 9,180 8,160 13,600 136,000 FY 2025/2026 SUBTOTAL: 2,009,399 19,415,661 1,315,108 1,196,985 1,948,309 400,000 2026/2027 25,193,033 2627ADA ADA Accessible Ramps - Various Locations 1,450 14,000 1,350 1,200 2,000 20,000 2627CPM Citywide Preventative Maintenance Plan Improvements 3,625 35,000 3,375 3,000 5,000 50,000 2627PMP Pavement Management Plan Street Improvements 145,000 1,400,000 135,000 120,000 200,000 2,000,000 2627STI Sidewalks - Various Locations 3,988 38,500 3,713 3,300 5,500 55,000 2627TMI Citywide Traffic Signal Maintenance Improvements 0 235,000 0 0 0 235,000 2627DRA Citywide Drainage Enhancements 34,583 333,900 32,198 28,620 47,700 477,000 201702 Developer Reimbursement for DIF Eligible Improvements 0 0 0 0 0 400,000 Reimbursement 400,000 201804 Landscape and Lighting Median Island Improvements 36,250 350,000 33,750 30,000 50,000 500,000 201805 Maintenance and Operations Yard 543,750 5,250,000 506,250 450,000 750,000 7,500,000 201905 Highway 111 Corridor Area Plan Implementation 72,500 700,000 67,500 60,000 100,000 1,000,000 202301 Miles Avenue Pavement Rehabilitation 18,125 175,000 16,875 15,000 25,000 250,000 202601 Avenue 47 Pavement Rehabilitation (Washington Street to Adams Street) 65,250 630,000 60,750 54,000 90,000 900,000 202602 Phase III Public Safety Camera System 217,500 2,100,000 202,500 180,000 300,000 3,000,000 202603 Washington Street at Lake La Quinta Drive (New Traffic Signal) 31,175 301,000 29,025 25,800 43,000 430,000 202604 Francis Hack Lane Pavement Rehabilitation (Avenida Bermudas to Cul-De-Sac) 29,415 284,011 27,387 24,344 40,573 405,730 202605 Corporate Centre Drive Gap Closure 72,500 700,000 67,500 60,000 100,000 1,000,000 202606 Welcome Center Improvements 0 0 0 0 0 0 202607 Citywide Arterial Slurry Seal Improvements 72,500 700,000 67,500 60,000 100,000 1,000,000 FY 2026/2027 SUBTOTAL: 1,347,610 13,246,411 1,254,672 1,115,264 1,858,773 400,000 19,222,730 329 CITY OF LA QUINTA CAPITAL IMPROVEMENT PROGRAM EXPENDITURE SUMMARY 2027/2028 2728ADA ADA Accessible Ramps - Various Locations 1,450 14,000 1,350 1,200 2,000 20,000 2728CPM Citywide Preventative Maintenance Plan Improvements 3,625 35,000 3,375 3,000 5,000 50,000 2728PMP Pavement Management Plan Street Improvements 145,000 1,400,000 135,000 120,000 200,000 2,000,000 2728STI Sidewalks - Various Locations 3,988 38,500 3,713 3,300 5,500 55,000 2728TMI Citywide Traffic Signal Maintenance Improvements 0 235,000 0 0 0 235,000 2728DRA Citywide Drainage Enhancements 34,583 333,900 32,198 28,620 47,700 477,000 201702 Developer Reimbursement for DIF Eligible Improvements 0 0 0 0 0 400,000 Reimbursement 400,000 201804 Landscape and Lighting Median Island Improvements 36,250 350,000 33,750 30,000 50,000 500,000 201905 Highway 111 Corridor Area Plan Implementation 72,500 700,000 67,500 60,000 100,000 1,000,000 202701 North La Quinta Slurry Seal Improvements/Pavement Repair 108,750 1,050,000 101,250 90,000 150,000 1,500,000 202702 Highway 111/Simon Drive Dual Left Turn Lanes 72,500 700,000 67,500 60,000 100,000 1,000,000 FY 2027/2028 SUBTOTAL: 478,645 4,856,400 445,635 396,120 660,200 400,000 7,237,000 2028/2029 2829ADA ADA Accessible Ramps - Various Locations 1,450 14,000 1,350 1,200 2,000 20,000 2829CPM Citywide Preventative Maintenance Plan Improvements 3,625 35,000 3,375 3,000 5,000 50,000 2829PMP Pavement Management Plan Street Improvements 145,000 1,400,000 135,000 120,000 200,000 2,000,000 2829STI Sidewalks - Various Locations 3,988 38,500 3,713 3,300 5,500 55,000 2829TMI Citywide Traffic Signal Maintenance Improvements 0 235,000 0 0 0 235,000 2829DRA Citywide Drainage Enhancements 34,583 333,900 32,198 28,620 47,700 477,000 201702 Developer Reimbursement for DIF Eligible Improvements 0 0 0 0 0 139,723 Reimbursement 139,723 201804 Landscape and Lighting Median Island Improvements 36,250 350,000 33,750 30,000 50,000 500,000 201905 Highway 111 Corridor Area Plan Implementation 72,500 700,000 67,500 60,000 100,000 1,000,000 202801 Washington Street Pavement Rehabilitation (Sagebrush Drive to Fred Waring Drive) 265,739 2,565,753 247,412 219,922 366,536 3,665,361 FY 2028/2029 SUBTOTAL: 2029/2030 563,134 5,672,153 524,297 466,042 776,736 139,723 8,142,084 2930ADA ADA Accessible Ramps - Various Locations 1,450 14,000 1,350 1,200 2,000 20,000 2930CPM Citywide Preventative Maintenance Plan Improvements 3,625 35,000 3,375 3,000 5,000 50,000 2930PMP Pavement Management Plan Street Improvements 145,000 1,400,000 135,000 120,000 200,000 2,000,000 2930STI Sidewalks - Various Locations 3,988 38,500 3,713 3,300 5,500 55,000 2930TMI Citywide Traffic Signal Maintenance Improvements 0 235,000 0 0 0 235,000 2930DRA Citywide Drainage Enhancements 34,583 333,900 32,198 28,620 47,700 477,000 201804 Landscape and Lighting Median Island Improvements 36,250 350,000 33,750 30,000 50,000 500,000 201905 Highway 111 Corridor Area Plan Implementation 72,500 700,000 67,500 60,000 100,000 1,000,000 202901 Avenue 52 Pavement Rehabilitation 198,541 1,916,945 184,848 164,310 273,849 2,738,493 FY 2029/2030 SUBTOTAL: 495,936 5,023,345 461,733 410,430 684,049 0 7,075,493 TOTAL FISCAL YEARS 2025/2026 THROUGH 2O29/2030: 4,894,724 48,213,970 4,001,445 3,584,840 5,928,067 1,339,723 66,870,340 330 ATTACHMENT 2 CITY OF LA QUINTA PAVEMENT MAINTENANCE AND REHABILITATION BUDGET MAP 2021-26 I PL�E •�unW ..00 . �Sbi: r �...c �rcen ' l' � r saw •vEwc LEGEND La Quinta Streets PAVEMENT MANAGEMENT PLAN 2021-22 2022-23 2023-24 2024- 25 2025-26 CAPITAL IMPROVEMENT PROGRAM 2021-22 2022-23 2023-24 2024-25 2025-26 hJ "m W-Ax 331 ATTACHMENT 3 CITY OF LA QUINTA CAPITAL IMPROVEMENT PROGRAM DEVELOPER REIMBURSEMENT AGREEMENT REPAYMENT DEVELOPER AGREEMENT TOTAL POINTS (RESPONSIVE / CONFIRMED) DATE CIP PROJECT DESCRIPTION NTE AMOUNT ACCRUED FY 17/18 FY 18/19 FY 19/20 FY 20/21 FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 ND La Quinta Partners, LLC 4-Dec-07 Avenue 52 -Improved One Lane o Trave & Installed Raised/LandscapedMedian 1,344,690 18 $ 65,455 65,455 66,536 77,563 90,000 90,000 101,106 101,408 140,021 204,400 225,000 East of Madison, LLC 4-Dec-07 Avenue 52 - Improved One Lane of Travel & Installed 1/2 Raised/Landscaped Medi $ 669,920 17 $ 61,818 $ 61,818 $ 62,839 $ 73,254 $ 85,000 $ 85,000 $ 95,489 $ 95,775 $ $ $ East of Madison, LLC (Part 1) 26-Jan-16 Madison Street -Improved One Lane of Travel & Installed Raised/Landscaped Med $ 976,266 14 $ 50,909 $ 50,909 $ 51,750 $ 60,327 $ 70,000 $ 70,000 $ 78,638 $ 78,873 $ 108,905 $ 158,978 $ 175,000 Toll Brother's Inc. (Part 1) 6-Feb-08 Avenue 50 -Installed Full Median Curb & Median Island Landscape $ 179,062 13 $ 47,273 $ 47,273 $ 48,054 $ - $ - $ - $ - $ - $ - $ $ East of Madison, LLC (Part 2) 26-Jan-16 Avenue 54 -Improved One Lane of Travel & Striped 1/2 width Painted Median $ 524,010 11 $ 40,000 $ 40,000 $ 40,661 $ 47,400 $ 55,000 $ 55,000 $ 61,787 $ 61,972 $ 85,568 S $ ND La Quints Partners, LLC 26-Jan-16 Madison Street -Improved One Lane of Travel $ 418,400 11 $ 40,000 $ 40,000 $ 40,661 $ 47,400 $ 55,000 $ 55,000 $ 61,787 $ 61,972 $ $ $ Lennar Homes of California, Inc 6-Jun-11 Fred Waring Drive - Installed full Median Curb & Median Island Landscape $ 103,083 10 $ 36,364 $ 36,364 $ $ - $ - $ - $ - $ $ $ $ Sam's Real Estate Business Trus 10-Oct-12 Dune Palms Road -Installed Full Median Curb & Median Island Landscape $ 228,697 9 $ 32,727 $ 32,727 $ 33,268 $ 38,782 $ 45,000 $ 45,000 S $ $ $ $ Toll Brother's Inc. Part 2 6-Feb-08 Avenue 52 - Median Island Improvements (Landscape Only) 95,596 7 25,455 25,455 25,875 5 - $ $ $ TOTAL DEVELOPER REIMBURSEMENT: $ 4,539,723 110 $ 400,000 $ 400,000 $ 400,000 $ 400,000 $ 400,000 $ 400,000 $ 400,000 $ 400,000 $ 400,000 $ 400,000 $ 400,000 $ 139,723 This repayment plan is applicable to the Developers who have submitted invoices to the City, and the City has reviewed / approved repayment. This method calculates the overall percentage based on the Total Points Accrued, and allows the Developers to receive annual payments accordingly, until the Agreement has been satisfied. The percentage of (Total Points Accrued / Total Points) was determined for each Developer Reimbursement Agreement and multiplied by an annual anticipated payment of $400,000 to determine how much each Developer shall receive each year. In the event that a Developer's Agreement was fulfilled in a year, and there was a remainder of the anticipated $400,000, a new percentage, excluding the points from the previously repaid developer, was calculated and redistributed within that same Fiscal Year. DEVELOPER AGREEMENT TOTAL POINTS (NON -RESPONSIVE) DATE CIP PROJECT DESCRIPTION NTE AMOUNT ACCRUED Greystone Clubhouse Assoc., LL 12-Jun-08 Avenue 52 -Improved One Lane of Travel & Installed Raised/Landscaped Median 463,894 15 T.D. Desert Development LLP 12-Oct-06 Avenue 50 - Installed 1/2 Median Curb (with Landscape) $ 186,900 10 TOTAL DEVELOPER REIMBURSEMENT: 650,794 25 The above listed developers (two total) have not submitted the appropriate invoices or documentation, and are therefore considered as "Non -Responsive". The repayment plan above does not include the total of the Non -Responsive Developers ($650,794) in its total ($4,539,723). © Denotes the final payment due to the Developer 332 D D 0 Z m z w REPORTS AND INFORMATIONAL ITEM NO. 32 PLANNING COMMISSION MINUTES TUESDAY, FEBRUARY 25, 2025 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, Associate Planner Siji Fernandez, Assistant Planner Jack Lima, Deputy City Attorney Jessica Sanders, and Commission Secretary Tania Flores PLEDGE OF ALLEGIANCE Commissioner Hundt led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA — None. CONFIRMATION OF AGENDA MOTION — A motion was made and seconded by Commissioners Guerrero/Tyerman to confirm the agenda as published. Motion passed unanimously. ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS — None. CONSENT CALENDAR 1. APPROVE MEETING MINUTES DATED NOVEMBER 12, 2024 MOTION — A motion was made and seconded by Commissioners Nieto/Hernandez to approve the Consent Calendar as presented. Motion passed unanimously. BUSINESS SESSION — None. PLANNING COMMISSION MINUTES Page 1 of 5 FEBRUARY 25, 2025 333 PUBLIC HEARINGS 1. CONSIDER ADOPTING A RESOLUTION TO APPROVE CONDITIONAL USE PERMIT (CUP) 2024-0003 AND SITE DEVELOPMENT PERMIT 2024-0004 FOR EXPANSION OF AN EXISTING MARKET AND EXISTING FUEL STATION; CEQA: THIS PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15301 (CLASS 1) EXISTING FACILITIES AND SECTION 15332 (CLASS 32) IN -FILL DEVELOPMENT PROJECT LOCATION; 77985 AVENIDA MONTEZUMA DECLARATIONS OF COMMISSION PUBLIC CONTACT OR CONFLICTS: Chairperson Hassett said that he met and spoke to the applicant at an unrelated event in which the project was mentioned but that there was no conflict on his part. Associate Planner Fernandez presented the staff report, which is on file in the Design and Development Department. The Commission discussed the Vehicle Miles Traveled (VMT) Screening Analysis; California Environmental Quality Act (CEQA) thresholds defining "minor" expansion exemptions; terms of the current lease between the United States Post Office (Post Office) and Tower Energy Group for the existing building on the south parcel of the proposed project; number and location of additional parking spaces proposed and required with the proposed expansion; public comment received regarding the project; proposed landscape improvements; fuel storage tank replacement and monitoring; and fuel pump relocation and proposed orientation of fuel pumps. Cal:/_\ : ' : Y�7��:I_�.�.y�ii�]x _ : � _ : ► eZ�7�►I_��iiE:ia►�i� PUBLIC SPEAKER: Mark Vasey, Vice President with Tower Energy Group — introduced himself and answered questions regarding the current lease and communications had with the Post Office; fuel tank replacement, size of new tanks, updated monitoring processes, and disposal of contaminated soils; number of electric vehicle charging stations included in the project; fuel truck servicing and operations; availability of diesel fuel and grades of gasoline; plans for increasing hours of operation or adding carwash facilities within Tower Markets; expected increase in customers; details of floor plan and parking expansion; sound and light mitigation measures; and details regarding the perimeter wall at southern property border. PUBLIC SPEAKER: Nick Fullerton, Founder and Principal with Fullerton Architects — provided the location of public air and water filling stations. PUBLIC SPEAKER: Rich Clark, Civil Engineer with RTM Engineering Consultants — provided information regarding changes to the grading and sloping of the south parcel; and realignment plan and communications with Imperial Irrigation District for power to the project. PLANNING COMMISSION MINUTES Page 2 of 5 FEBRUARY 25, 2025 334 Commission Secretary Flores said that the City received no public comment on this item and no requests to speak. CHAIRPERSON HASSETT DECLARED THE PUBLIC HEARING CLOSED AT 5.35 P.M. Commission discussion followed regarding the lack of public comment received due to the loss of the Post Office and expansion of fueling stations: appropriateness of location; demand for this expansion; hours of operations as defined in the CUP; the loss of a local Post Office location and public outreach and notifications to the community; additional VMT due to Post Office closure not included in the VMT analysis; consistency with the Village atmosphere; noise and visual impact and mitigation at the southern property line; and additional architectural design and embellishments needed in the proposed building addition. Deputy City Attorney Sanders provided information on federal guidelines and noticing requirements for Post Office closures; public noticing requirements for the demotion of existing buildings; the ability of the Commission to continue the item and request additional noticing prior to consideration. CHAIRPERSON HASSETT DECLARED THE PUBLIC HEARING RE -OPENED AT 6.02 P.M. Mr. Vasey expressed willingness to make architectural changes discussed by Commission, including additional height and noise mitigation at the south perimeter wall and design features and embellishment of the building addition. Mr. Fullerton identified proposed seating inside the market available to customers and stated there would be no outside seating. The Commission reached a consensus to include additional Conditions of Approval in the proposed resolution to ensure additional design elements and embellishments were added to the east, south, and west elevations and additional noise mitigations at the south perimeter are constructed including additional masonry wall height and landscaping. MOTION — A motion was made and seconded by Commissioners McCune/Tyerman to adopt Planning Commission Resolution No. 2025-001 approving Conditional Use Permit 2024-0003 and Site Development Permit 2024-0004 as amended to include additional Conditions of Approval, as noted in the discussion above and listed below: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AND SITE DEVELOPMENT PERMIT FOR THE EXPANSION OF AN EXISTING MARKET AND EXISTING FUEL STATION LOCATED ON THE SOUTHWEST CORNER OF AVENIDA MONTEZUMA AND AVENIDA BERMUDAS AND FIND THAT THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15301 EXISTING FACILITIES AND SECTION 15332 IN -FILL DEVELOPMENT PROJECT PLANNING COMMISSION MINUTES Page 3 of 5 FEBRUARY 25, 2025 335 CASE NUMBERS: CONDITIONAL USE PERMIT 2024-0003; SITE DEVELOPMENT PERMIT 2024-0004 PROJECT: TOWER MARKET EXPANSION APPLICANT: JOHN MCFARLAND; RTM ENGINEERING As amended to include the following additional Conditions of Approval under "PLANNING COMMISSION" as items Nos. 84 and 85: 84. The applicant shall add precast concrete to door recessed area on the east elevation and raise the wainscoting on the east, south, and west to match the north elevation to the satisfaction of the Planning Manager. 85. The applicant shall construct a masonry wall up to 6 feet on the Tower Market side with landscaping along the south wall for sound attenuation and screening. Motion passed unanimously. STUDY SESSION — None. STAFF ITEMS 1. GENERAL PROJECT UPDATE Planning Manager Flores provided information on: (1) upcoming projects, including La Quinta Dental Campus, Highway 111/Adams Drive Thru, PGA West Infill Lots, Cell Tower Permit Extensions, and the Club at Coral Mountain Golf Course; (2) recently approved projects including Bravo Estates, Calle Estado Mixed Use, and McQuaid Studio Mixed Use project; (3) projects under construction including Chick-fil-A and QuickQuack Carwash, Daiso, Rancho La Quinta Fitness Center, Oasis Residential Project, and Jefferson Street Apartments; (4) recently completed projects including Point Happy residential project and the La Quinta Resort Adult Pool Remodel; (5) status updates of the Sphere of Influence annexation and the Highway 111 Corridor Specific Plan. Commission discussion followed regarding the timeline for Highway 111/Adams Drive Through with the Highway 111 Corridor plan; Robert's Rules of Order process for the Commission to make a motion to reconsider an item approved during the same meeting; additional outreach planned regarding pending Post Office closure; the cost of building affordable housing units (example: Arroyo Crossings Apartments in Indio); and the date of the annual Boards and Commissions Joint meeting with Council scheduled for March 20, 2025, beginning at 5:00 p.m. at the La Quinta Wellness Center. COMMISSIONER ITEMS Commissioner Tyerman announced his resignation from the Planning Commission as of March 27, 2025, and expressed his appreciation to the Commission and staff. PLANNING COMMISSION MINUTES Page 4 of 5 FEBRUARY 25, 2025 336 ADJOURNMENT There being no further business, a motion was made and seconded by Chairperson Hasset/Commissioner Guerrero to adjourn this meeting at 6:51 p.m. Motion passed unanimously. Respectfully submitted, LA -- - TANIA FLORES, Commission Secretary City of La Quinta, California PLANNING COMMISSION MINUTES Page 5 of 5 FEBRUARY 25, 2025 337 338 REPORTS AND INFORMATIONAL ITEM NO. 33 FINANCIAL ADVISORY COMMISSION MINUTES WEDNESDAY, FEBRUARY 12, 2025 CALL TO ORDER A regular quarterly meeting of the La Quinta Financial Advisory Commission (Commission) was called to order at 3:32 p.m. by Chair Dorsey. PRESENT: Commissioners Anderson, Batavick (joined the meeting at 3:58 p.m.), Kiehl, Lee, Mast, Way, and Chair Dorsey ABSENT: None PLEDGE OF ALLEGIANCE Commissioner Way led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA — None CONFIRMATION OF AGENDA — Confirmed ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS 1. EXPANDING LA QUINTA'S ELECTRICAL CAPACITY UPDATE City Manager McMillen provided a detailed overview of Imperial Irrigation District's (IID) electric supply and delivery system to the Coachella Valley, and specifically, electric capacity conditions and needs in La Quinta as IID's power distribution substations have reached or are nearing capacity and require upgrades to support existing customers and new developments. Mr. McMillen noted the City's is actively collaborating with IID and developers to establish cost -sharing funding options for new substations to provide power capacity for the future and ensure reimbursement of City investments; the importance to initiate substation upgrades now due to 3-to-4-year lead times for new transformers and switch gear; new developments in La Quinta continue to face challenges with power availability; and the regional efforts to establish the proposed Coachella Valley Power Agency (CVPA) Joint Powers Agreement (JPA) to establish long-term solutions and allow greater control over energy distribution and planning. COMMISSIONER BATAVICK JOINED THE MEETING AT 3:58 P.M. The Commission discussed the details of a "stand-alone" power provider; the estimated cost for the City to purchase the long -lead time equipment; building in an escalator to FINANCIAL ADVISORY COMMISSION Page 1 of 4 FEBRUARY 12, 2025 MINUTES 339 recoup from developers, the lost interest on funds fronted by the City; the City of Indio established the Indio Electric Financing Authority pursuant to a Joint Exercise of Powers Agreement in 2023 and imposed a surcharge for electric services; the complexity and time involved in creating and operating a CVPA among multiple cities and agencies; how the JPA voting on provision of electricity to new projects would be handled and projects prioritized; proposed locations for new substations; commitments needed prior to placing orders for the long -lead time equipment; the ability of the proposed JPA to include a surcharge to existing rate payers to cover the unanticipated additional capacity they consume; the option now, and in the future, to obtain power from other electric companies such as Southern California Edison (Edison); the inability of solar power to provide the solution; the current threat of outages and brown -outs due to substations operating in excess of capacity; the failure of the green energy policy of the State; the importance for La Quinta to be aggressive on this issue for its residents; nuclear energy as an important part of the future solution; the dimensions of a substation; the timeline for buying power from sources other than IID; source of California's energy being from Utah coal plants; inefficiency of solar farms in producing sufficient energy; the initial purpose of IID as a water company, and the obstacles farmers in the east Coachella Valley currently face; exploring the possibility of Coachella Valley Water District (CVWD) becoming a power provider in the future; Edison's interest/capacity to provide La Quinta's power; and support for the use of Measure G reserves to move forward in solving power needs provided reimbursement is ensured. CONSENT CALENDAR ITEMS 1. RECEIVE AND FILE SPECIAL MEETING MINUTES DATED DECEMBER 4, 2024 2. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED OCTOBER 31, 2024 3. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED NOVEMBER 30, 2024 MOTION — A motion was made and seconded by Commissioners Batavick/Mast to approve the Consent Calendar as presented. Motion passed unanimously. BUSINESS SESSION 1. RECEIVE AND FILE FISCAL YEAR 2023/24 GENERAL FUND YEAR-END BUDGET REPORT Finance Director Martinez presented the staff report, which is on file in the Finance Department. The Commission discussed the dollar amount of the multi -year capital improvements carry-overs; how multi -year projects are budgeted; details on carry-overs on Schedule C FINANCIAL ADVISORY COMMISSION Page 2 of 4 FEBRUARY 12, 2025 MINUTES 340 of the budget report and providing additional explanation; the importance of the ten-year projections; creating an assignment category for IID equipment; planning for future economic uncertainties and disasters; and the critical issue for La Quinta's maintenance and growth is electrical capacity, and support for using Measure G reserves to facilitate efforts moving forward. COMMISSIONER WAY LEFT THE MEETING AT 4:52 P.M. MOTION — A motion was made and seconded by Commissioners Batavick/Kiehl to receive and file fiscal year 2023/24 General Fund Year -End Budget Report as presented. Motion passed: ayes — 6, noes — 0, abstain — 0, absent — 1 (Way). STUDY SESSION — None DEPARTMENTAL REPORTS 1. FINANCE DEPARTMENT CURRENT AND FUTURE INITIATIVES Finance Director Martinez announced that Rosemary Hallick, La Quinta's Principal Management Analyst, was appointed to the California Asset Management Program (CAMP) Board of Trustees, the Joint Powers Authority for Finance Officers and Treasurers of California public agencies for investments, meaning La Quinta will now have a representative in decisions at that higher level. Finance Director Martinez reported on the transition to the new audit firm; the ten-year projection task force; software updates; financial statement training; various ongoing City updates, including the timeline for Federal Emergency Management Agency reimbursements for tropical storm Hilary; and upcoming events. 2. THIRD QUARTER 2024 (JULY-SEPT) SALES TAX UPDATE Principal Management Analyst Hallick presented the departmental report, which is on file in the Finance Department. The report highlighted a decline in sales tax revenue, attributed to decreased consumer spending. Staff continue to monitor economic trends and maintain proactive budget management. COMMISSIONERS' ITEMS Commissioner Keihl explained incentives for business improvements may be timely; the City could consider these types of programs to assist businesses with major remodels, upgrades, etc. for hotels and other businesses, potentially using Measure G reserves starting a year from now; suggested funding more road improvements; and suggested including incentives in the road improvement requests for proposals for bidders that agree to avoid disruption by working around event schedules, and busy times of day/seasons. FINANCIAL ADVISORY COMMISSION Page 3 of 4 FEBRUARY 12, 2025 MINUTES 341 Staff noted in recent years the City has increased spendings on its annual infrastructure improvement projects. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Mast/Anderson to adjourn this meeting at 5:30 p.m. Motion passed: ayes — 6, noes — 0, abstain — 0, absent — 1 (Way). Respectfully submitted, Amanda Guerrero, Temporary Administrative Technician City of La Quinta, California FINANCIAL ADVISORY COMMISSION Page 4 of 4 FEBRUARY 12, 2025 MINUTES 342 REPORTS AND INFORMATIONAL ITEM NO. 34 Palm Springs Airport Commission Budget and Finance Committee Report — March 19, 2025, Meeting Discussion and Action Items: Current Airport Matters — Discussed current airline agreement, including revenue sharing of unanticipated shortfalls and surpluses between the Airport and the Airlines on a 50% / 50% basis. Also, staff is looking at being able to administratively adjust parking rates based upon demand, thereby being able to proactively lower rates when passenger activity is slower. FY 25-26 Budget and FY 26-27 — Reviewed the preliminary biennial operation budget. No financial specifics were ready to be shared - -just a discussion on process. Capital Projects Update — Project Manager Harman Singh presented. Some commissioners expressed frustration and wanted to go faster and have the City front the money ahead of federal funding. My recommendation was to instead go slow on projects requiring federal funds support until we see what direction the federal budget is going to take, and create a worst case scenario regarding federal funds. See details on a few key projects below under the full Commission meeting report. Budget Next Steps —This committee begin having quarterly meetings instead of just one per year. Palm Springs Airport Commission Report — March 19, 2025, Meeting Discussion and Action Items: Measure J and Measure D Project Update — All current monies have been allocated, with the largest amount going towards work on constructing a temporary Federal Inspection Station so it can become operational as soon as possible, thereby opening -up the possibility of expanding international routes. Marketing Update —January passenger was 5.3% up from 2024; February was 1.2% up from 2024. On air service, Flair's Canadian service is shortening their season, ending on April 6th. Other Canadian airlines are seeing weakening demand throughout the US, but PSP is less impacted due to many Canadian second homeowners being here in the Coachella Valley. USA air service is seeing weakening demand leading to a reduction in summer routes. However, American and United are extending their service to Chicago ORD to dates later than previously planned, June 4th and June 11th respectively. Also, Alaska has extended their service to Portland to year-round service. Employment Update — Doing finalist interviews with three candidates for the new Deputy Director of Capital Development position. Projects and Capital Improvement Program Update — Excerpts on Key Capital Projects: Bono Concourse Escalators: Background: This project is intended to replace the escalators leading to the Bono Concourse with new escalators to reduce noise and to theoretically improve the operational "up -time". Both Bono concourse escalators were refurbished with new parts on top of an old backbone structure in 2020. This "hybridization" has caused the noise that is currently being produced by the escalators. At the request of the Commission, the Executive Director has tasked airport staff with researching the costs and effort of replacing the escalators. Status: In -Process. The Airport Maintenance Superintendent had an initial assessment conducted of the current escalators to determine replacement requirements. Two sources advised that the current model of escalators are no longer in production (discontinued in 1999) and improvement to the existing escalator would include not only the equipment but a complete reconstruction of the escalator 343 foundation, including trusses and wells. The level of effort suggests that this project will exceed what was initially expected to be $2 million for replacement of the components only. The airport is securing the services of our on -call engineer to provide a complete written scope of the level of effort and to begin what will likely be design work on the project. This project was not originally included in the airport's 5- year capital plan. The Executive Director has now added the escalators as a new project and will present it to the Signatory Airlines for a Majority -In -Interest vote. Should the Signatory Airlines approve this project, the airport anticipates the need to move an existing scheduled project (to be determined) into a future year to ensure funding capacity and staff resources are available to complete the escalator project. The Executive Director estimates that the soonest this project can be completed is summer of 2026 assuming the airlines approve the project, the design is accelerated, procurement is accelerated, and permits get approved promptly. Outbound Baggage Handling System Replacement: Background: This project is intended to modify or replace the current outbound baggage handling system with a new inline baggage handling system to improve capacity and process efficiency, implement additional technology for bag tracking, reduce or eliminate single points of failure, and improve ergonomics. Status: In process - Procurement: AECOM [Architecture, Engineering, Construction, Operations and Management] has completed 100% design of the Outbound Baggage Handling system and building modification. The design of the project has been reviewed and signed off by the Transportation Security Administration and was subject to extensive collaboration and review of the airlines throughout the design process. PSP has tasked our on -call consultant with providing an independent secondary peer review of the design as a measure of quality control. An Invitation to Bid was issued on February 12th (IB PSP-04) and remain open for 30 days. The Airport will know the cost of construction at Bid closing. The Airport must seek formal approval from Signatory Airlines serving PSP to proceed with this project under a Majority -In -Interest (MII) vote. The Signatory Airlines will meet and confer with a vote anticipated no later than March 2025. Due to urgency around federal funding, PSP hopes to award this project no later than mid -April. Construction of this project is anticipated to begin in the summer of 2026, however it is possible this project could be accelerated if external factors dictate. The project is expected to take 20 - 24 months. Airport staff anticipates funding this project using Airport revenues, Bipartisan Infrastructure Law -Airport Infrastructure Grants, Airport Terminal Grants, TSA Funding. Baggage Claim Expansion and Renovation: Background: This project was previously identified on the airport's Capital Improvement Program (CIP) list for start in FY 2025. Status: In process - design. In the Fall of 2022, Airport staff applied for a nation-wide competitive grant under the Airports Terminal Program (ATP) under the 2021 Bipartisan Infrastructure Law. Airport staff was notified on February 27th that PSP had been awarded a $5.7M grant to partially fund expansion of baggage claim. Airport staff has determined that a Construction Manager at Risk (CMAR) project delivery methodology is appropriate for this project and Request for Proposal #34-23 was advertised. A contract award for Construction Manager at Risk to Skanska was approved by the City Council in July 2023 with a project budget of $45M. Bag Claim design is now at 100%. After 16 months, PSP received notice from the FAA affirming that this project has been environmentally cleared. The original project anticipated leveraging funding that was announced under a Inflation and Infrastructure Jobs Act to partially fund this project; however, the $5.7 million grant announced to PSP in February 2023 for the bag claim expansion was clawed back and reallocated to another airport due to the prolonged environmental process. PSP has since applied for additional competitive funding for this project and will continue to apply for subsequent Airport Terminal Program grant funding under the Bi-Partisan Infrastructure Law, however future competitive grants are not guaranteed. Due to the claw back of ATP funding in December 2023, combined with the emergence of information concerning the needs of the commercial 344 runway, airport staff is forced to re -prioritize projects to maximize budget resources. Airport is unable to determine a construction date for this project until further information about the maintenance needs of the runway is known and until the Signatory Airlines conduct a Majority -In -Interest vote. Next Commission Meeting: April 16, 2025, at 4:00 PM. 2025 Airport Commission Calendar — Future planned meetings on 4/16, 5/21, 6/18, 7/16, 9/17, 10/15, 11/19, 12/10. 345 nw_ W palm springs -.do 2,9 INTERNATIONAL AIRPORT BUDGET AND FINANCE COMMITTEE MEETING AGENDA Airport Conference Room, Palm Springs International Airport 3400 E. Tahquitz Canyon Way, Palm Springs, CA 92262 Wednesday, March 19, 2025 - 2:30 P.M. To view/listen/participate in the meeting live, please contact Tanya Perez at tanya.perez(o�_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, in order to access the meeting and offer public comment. Any person who wishes to provide public testimony in public comments is requested to file a speaker card before the Public Comments portion of the meeting. You may submit your public comment to the Airport Commission electronically. Material may be emailed to: tanya.perez(a)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. 1. CALL TO ORDER 2. POSTING OF AGENDA 3. ROLL CALL 4. ACCEPTANCE OF AGENDA 5. PUBLIC COMMENTS: Limited to three minutes 6. APPROVAL OF MINUTES: February 20, 2024 7. DISCUSSION AND ACTION ITEMS: 7.A Appoint New Chairperson 7.13 FY25-26 and FY26-27 Draft Budget Review 8. COMMISSIONERS REPORTS AND REQUESTS 9. ADJOURNMENT 346 AFFIDAVIT OF POSTING I, Harry Barrett, Jr., Airport Executive Director, City of Palm Springs, California, hereby certify this agenda was posted on March 17, 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. 347 springs palm ad INTERNATIONAL AIRPORT AIRPORT COMMISSION MEETING AGENDA Airport Conference Room, Palm Springs International Airport 3400 E. Tahquitz Canyon Way, Palm Springs, CA 92262 Wednesday, March 19, 2025 — 4:00 P.M. To view/listen/participate virtually in the meeting live, please contact Tanya Perez at Tanya.Perez@paImspringsca.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. 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: I Riverside County: City of Cathedral City: City of Palm Desert: Kevin J. Corcoran Todd Burke Margaret Park Christian Samlaska Kevin Wiseman —Chairman —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 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. DISCUSSION AND ACTION ITEMS: 348 6.A Conference Room Remodel Airport Commission Meeting Agenda March 19, 2025 — Page 2 6.113 Measure J Project Updates 6.0 Budget and Finance Review Committee Update 6.11) Concessions Update 6.E Marketing Update 6.F Financial Update 6.G Employment Update 6.11-11 Project and Airport Capital Improvement Program Update 7. EXECUTIVE DIRECTOR REPORT 8. COMMISSIONERS REQUESTS AND REPORTS 9. REPORT OF COUNCIL ACTIONS: 9.A Past City Council Actions 9.113 Future City Council Actions 10. RECEIVE AND FILE: 10.A Airline Activity Report February 2025 10.113 Airline Activity Report Fiscal Year Comparison 11. COMMITTEES: 11.A Future Committee Meetings 11.113 Committees Roster ADJOURNMENT: The Airport Commission will adjourn to the Regular Meeting on April 23, 2025, at 4:00 P.M. AFFIDAVIT OF POSTING I, Harry Barrett, Jr., Executive Director of Aviation, City of Palm Springs, California, hereby certify this agenda was posted on March 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. 349 POWER POINTS CITY COUNCIL MEETING APRIL 1, 2025 City Council Regular Meeting April 1, 2025 City Council Regular Meeting April 1, 2025 PUBLIC COMMENT - MATTERS NOT ON THE AGENDA � v :� j CACJ ". � t City Council Regular Meeting April 1, 2025 CLOSED SESSION IN PROGRESS City Council Regular Meeting April 1, 2025 PUBLIC COMMENT - MATTERS NOT ON THE AGENDA I City Council Meeting April 1, 2025 P1 - SilverRock Development Project Status Update t(v Qa it &(V CALIFORNIA - . City Council Meeting April 1, 2025 P2 - Recognize Junior Inspiration and Youth Achievement Award Recipient R:• Junior Inspiration and Youth Achievement Award • Recognizes youth for their contributions to La Quinta or Coachella Valley: — Academic, Artistic, or Athletic Achievement — Acts of Kindness or Service — Community Engagement and Leadership — Volunteer Efforts Junior Inspiration and Youth Achievement Award • Max Rad i — La Quinta High School junior --.r — 4.5 weighted GPA — LQHS Varsity Swim and 40 Varsity Water Polo 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 Junior Inspiration and Youth Achievement Award — Selected for the Summer Leaders Experience Program at West Point — Received the First Prize in the Desert Scholars Student Competition for his Strategic Marketing Plan featuring Village Peddler in La Quinta. — Achieved membership in the National Honor Society which recognizes and encourages academic achievement, service, and character in high school students, with chapters in all 50 states t6/ Qaea .ALIFORNIA City Council Meeting April 1, 2025 P3 — Civic Center Campus Lake Maintenance R •. )�t�4tt Y Civic Center Campus Lake • Constructed in 2002 • 2.53 acres • 825,000 gallons of water • Two lake pumps • One Fountain jet pump • An upper and lower lake, stream and waterfall Lake Pumps Lake pumps have an expected life span of up to twenty years or less. Pump #1, pulls water from the skimmer baskets, and is currently struggling, it will need to be replaced. Pump #2, was replaced with a new pump in January 2025, the new pump was running smoothly at installation. Pump #2, pulls water from the biological filter (bio filter) located at the bottom of the lower lake and provides water to the geyser. • Currently the pumps are not able to pull enough awater through the inlet pipes due to blockage. � r� Bio Filter The bio filter is located at the lower lake and is made of layers of rock and stone. The purpose is to filter debris and sediment from entering the intake pipe to the pump. • Recommended maintenance for the bio filter to be cleaned and/or replaced is every 15 to 20 years. • This work has not been performed. 6 Draining the Lake • The lake would need to be drained in order to clean or replace the bio filter. • Temporary construction fencing would be installed around the lake. The bottom lake level would be I owered by pumping the water out of he lake. • Unknown issues may be discovered once the lake is drained. It is anticipated to take over two weeks o clean or replace the bio filter. Wildlife The lake was not built to maintain wildlife; 0 wever, the lake contains fish and turtles. Ij taff is working with Better Wildlife Management to ensure best practices are utilized for the safety of the fish and turtles. Fish would be transferred to the upper lake, a temporary circulation system would be installed. Turtles are being re -homed to private lakes/ponds as they burrow into the bio filter and can cause damage to the lake. To protect the wildlife, staff suggests performing this work soon before the temperatures get too hot. V� f Questions Chris Beaty from Southwest Aquatics is in attendance today and; • David Priego from Variable Speed Solutions is available remotely to answer any questions. i . ' t(V Qagr(v .ALIFORNIA Y City Council Meeting April 1, 2025 B1- Receive & File Fiscal Year 2024125 Budget Update Report, Approve the Recommended Budget Adjustments, Adopt Resolution to Reclassify One Permit Technician & Two Administrative Technicians to Records Technicians, and Approve Additional Discretionary Payment to Pay Outstanding Pension Obligations � 5 1 CACJP r 0 City Budget Outlook (D O r STEADY EXPENSES "r REVENUE ON TARGET - MONITOR ECONOMIC ENVIRONMENT Mid -Year Report Content • General Fund Recommended Adjustments: — Revenues $695,000 — Expenses $175,000 — Additional discretionary payment to pay down outstanding pension obligations — Reclassification of 3 positions April 1, 2025 25 26 13 FY 2025/26 Budget Schedule • May 7 — Financial Advisory Commission • May 20 — City Council/Housing Authority • June 3 — City Council/Housing Authority • June 4 — Financial Advisory Commission • June 11 — Housing Commission • June 17 — City Council, Adoption For the latest budget information visit: www.laquintaca.gov/business/finance/budget Discussion & Questions ;,t JAI t(V0 gr(v CALIFORNIA SOONER City Council Meeting April 1, 2025 B2 - ADAMS PARK PLAYGROUND REPLACEMENT PROJECT NO 2024-23 ADAMS PARK PLAYGROUND REPLACEMENT Equipment Layout ADAMS PARK PLAYGROUND REPLACEMENT Ages 2to5 Ages 5 to 12 April 1, 2025 33 34 17 April 1, 2025 35 36 te Qa ig r(V .ALIFORNIA Y City Council Meeting April 1, 2025 S 1 - 2025/26 through 2029/30 Capital Improvement Program :y ./ 1 CAJP. Purpose and Timeline • Review CIP — 5-year plan • Finance Advisory Commission — March 26, 2025 • City Council — Study Session — SB1 RMRA and Measure AApproval on April 15 — Public Hearing in June — Appropriate first year funds with City Budget FY 2025/26 Projects • Transportation Projects • Drainage Projects • Landscape Renovation Projects • Parks and Facilities Projects • Other CIP Projects • DIF Reimbursements Transportation Projects • 2025/26 Pavement Management Plan (PMP) — Fifth year of 5-Year PMP — Crack seal and Slurry Seal streets for the following streets: • Adams Street from Avenue 48 to Highway 111 and Miles Street to Darby Road • La Quinta Highlands neighborhood • Remaining cove streets: Avenida Diaz, Juarez, Madero, Cortez, Morales, Montezuma, Obregon, Alvarado, Rubio, Calle Nogales, Ensenada, Sonora, Durango, Sinaloa, and Hidalgo 5-Year Pavement Management Plan (PMP) Transportation Projects • Highway 111 Corridor Area Plan Implementation & Pavement Resurfacing — Adding funding for the entry monuments • Avenue 50 Widening Improvements — In coordination with the City of Indio — Widening Avenue 50 from Jefferson Street to Madison Street — Multi -use trail on the south side Transportation Projects • Miles Avenue pavement Rehabilitation — Resurfacing of Miles Avenue within the city limits • Citywide Striping Refresh — Striping refresh within the city limits • 5-year PMP Update — Assessment of the roads to update the City's pavement condition index and plan Transportation Projects • Washington Street Pavement Rehabilitation — Design for the resurfacing of Washington Street from Eisenhower Drive to the northern city limit • Cove Area Slurry Seal Improvements Phase 2 — Second of two phases to complete the slurry seal improvements of the cove area streets Recently Completed Pavement Improvement Projects Recently Completed Pavement Improvement Projects — FY 22/23 Pavement Management Plan • Avenida Martinez, Mendoza, La Fonda, Calle Madrid, and Washington Street (Eisenhower Drive to Avenue Montero) — FY 23/24 Pavement Management Plan • Avenida Ramirez, Vallejo, Herrera, Velasco, Eisenhower Drive, and Avenue 60 — Dune Palms Bridge — Fred Waring Drive and Misc Locations — Dune Palms Road Pavement Rehab Drainage Improvements 9 Citywide Enhancements Minimum 150-year storm protection — Next projects: Eisenhower Drive at Avenue 50 and at Avenida Bermudas and Desert Club Dr. north of Calle Tampico Landscape Renovation Project • Landscape &Lighting Median Island Improvements — Refurbish southern medians — Utilizing landscape contractor and staff — Future Project: Avenue 52 between Washington Street and SilverRock Way Parks and Facilities Projects • Maintenance and Operations Yard — Funding to begin the construction phase • Cultural campus — Funding to begin the construction phase • Bear Creek Trailhead Restroom — Restroom facility at the entrance of the Bear Creek Trail on Eisenhower Drive and Calle Tampico Recurring Maintenance Funds • ADAAccessible Ramps — Various Locations • Citywide Preventative Maintenance Plan Improvements • Sidewalks — Various Locations • Citywide Traffic Signal Maintenance Improvements Other CIP Projects • Citywide Miscellaneous ADA Improvements — Implementation of ADA Transition Plan Report — Continuation of improvements at City parks, buildings, intersections, curb ramps, and sidewalks DIF Reimbursements • Pay down existing obligations — In lieu of approving new Transportation DIF Projects — $400,000 per year — After this FY 6 out of 9 developers complete — Anticipated completion: 2028/29 Projects on the Horizon Corporate Centre Drive Gap Closure (FY 2026/27) Avenue 47 Pavement Rehabilitation (FY 2026/27) — Washington Street to Adams Street Phase III Public Safety Camera System (FY 2026/27) New Traffic Signal at Washington Street and Lake La Quinta Drive (FY 2026/27) Francis Hack Lane Pavement Rehabilitation (FY 2026/27) — Avenida Bermudas to Cul-De-Sac Citywide Arterial Slurry Seal Improvements (FY 2026/27) North LQ Slurry Seal/Pavement Repair (FY 2027/28) Highway 111/Simon Drive Dual Left Turn Lanes (FY 2027/28) April 1, 2025 55 FISCAL YEAR 202512026 REVENUE SUMMARY $25,193.033 ht-A5la- A 4 46", .W—..G •G--1 Fu •Ma:t---hul:—DIF •McmwtA DIFTlarrJGt— it%000.000 wo$SItm $W.ST4 {I,lia,t Y1 {a'u,lnu .59 t R-d M.- / #b .b •Cumin ' • CJ .f cr DIF � DBG G/inl tprpewu sEq.q.-.t RFind 11,005,m 1162_563 St.ow ri ISn.0ou 56 4WP—t 'pla... 1 Fund o 1D� WE 2025/26 CIP Next Steps • Seek Council direction • Adopt CIP in June • Appropriate first year funds with City Budget r 1 ;asp. F_, AIL QUESTIONS & DISCUSSION t0 (V Qaigr(v - CALIFORNIA Ak VIA,